HomeMy WebLinkAboutPSD-155-04 Addendum 1
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UNFINISHED BUSINESS
Clw:-!l1gron
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REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, April 25, 2005
Addendum to
Report#: PSD-155-04
File #: COPA 2004-005
(2,.e6:tf~ GPiJ -) gq-05
By-law #: cxa:S5~ 070
Subject:
AMENDMENTS PROPOSED TO OFFICIAL PLAN AMENDMENT NO. 39
PORT DARLINGTON NEIGHBOURHOOD SECONDARY PLAN
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Addendum to Report PSD-155-04 be received;
2. THAT Council approve the attached by-law to adopt the proposed amendment
(Attachment 1) to Amendment No. 39 to the Clarington Official Plan amending
the Port Darlington Neighbourhood Secondary Plan as contained in the original
Report PSD-155-04 (Attachment 2) and enact the by-law;
3. THAT Council resolve that no further public meeting is required;
4. THAT the Region of Durham Planning Department be fOlwarded a copy of this
Report and Council's decision; and
5. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by:
Reviewed b~~ ,~~ eJk
Franklin Wu
Chief Administrative Officer
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Da J, rome, M,C,I.P.,RP,P.
Director, Planning Services
FL *DJC*df
15 April 2005
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
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ADDENDUM TO REPORT NO.: PSD.155-04
PAGE 2
1.0 PURPOSE
1.1 This report sets out the current status of proposed Amendment No. 39 to the
Clarington Official Plan, If it is approved, Official Plan Amendment No, 39, among
other things, would amend the Port Darlington Neighbourhood Secondary Plan to
allow for the realignment of a portion of East Beach Road in order to enlarge the
waterfront district park area and to improve the planned road network.
1.2 This report recommends amendments to Official Plan Amendment No. 39 in
response to two appeals from its adoption that have been made to the Ontario
Municipal Board, If approved, Official Plan Amendment No. 39 as amended will
be consistent with the central purpose and intent of Official Plan Amendment No,
39 as it stood before the recommended amendments to it are made.
2.0 BACKGROUND
2,1 On June 28th, 2004 Council decided that it would be desirable in the public
interest to acquire a larger waterfront park than previously considered to
implement the future District Park identified in the Clarington Official Plan. At the
same meeting, Council authorized the initiation of expropriation procedures in
respect of two properties in the East Beach areas; Council approved three
additional acquisitions in October and November of 2004 and the making of two
additional expropriation applications in the East Beach area. As well, Council
authorized the initiation of the expropriation procedures for the Port Darlington
Harbour Company Lands on the West Beach.
2.2 At the October 25th, 2004 meeting of Council, staff was authorized to prepare
appropriate amendments to the Port Darlington Neighbourhood Secondary Plan
in order to facilitate the creation of larger, more usable park space as a focal
point on the Bowmanville waterfront.
2.3 A statutory Public Meeting was held on November 15, 2004 at which a number of
residents appeared before committee with questions as to the details of the park
plan and traffic management issues given the recent evacuation and emergency
caused by the Caledon Propane fire at its site on Port Darlington Road at the
CNR level crossing,
2.4 Council adopted Official Plan Amendment No. 39 to the Port Darlington
Neighbourhood Secondary Plan at a meeting held on January 17, 2005 by
passing By-law 2005-004.
2,5 Two appeals have been made to the Ontario Municipal Board from the adoption
of the Official Plan Amendment (see Attachments 3 and 4). They will be heard by
a Joint Board made up of a member of the Ontario Municipal Board and a
member of the Environmental Review Tribunal.
2,6 In light of the objections made by the appellants, staff recommend that in order to
simplify the process without damaging the achievement of the central purpose
and intent of the Official Plan amendment that By-law 2005-004 be amended
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ADDENDUM TO REPORT NO.: PSD-155-04
PAGE 3
(attachment 5) with the modification to the Official Plan Amendment No. 39 text
proposed in Attachment 1,
3.0 COMMENTS
3,1 The amendments now recommended by staff will permit the relocation of a
portion of East Beach Road and the development of the district waterfront park
with an appropriate configuration while responding to what staff understand to be
the objections of the appellants to Official Plan Amendment No, 39,
4.0 CONCLUSIONS
4,1 It is recommended that Council adopt the amendments to Official Plan
Amendment No. 39 contained in Attachment 1 and pass the necessary by-law,
Attachments:
Attachment 1 - Amendment to Proposed Official Plan Amendment No,39
Attachment 2 - PSD-155-04 dated December 6,2004
Attachment 3 - Mr, S, Waque's letter of Objection dated February 8, 2005
Attachment 4 - Mr. C, Williams letter of Objection dated February 8, 2005
Attachment 5 - By-law to Amend By-law 2005-004
Interested parties to be notified of Council's decision:
Glenn Ransom
Maria and Alvarina DeLemos
Thomas Cauchon and Chigweyaru Abugara
Port Darlington Harbour Company
Port Darlington Community Association
Kevin Taylor
Rose Savage
Scott Lumley
Christopher Williams
Stephen Waque
Shane Rayman
ATTACHMENT 1 .
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to Addendum to
Report PSD-155-04
AMENDMENT TO PROPOSED AMENDMENT NO. 39
TO THE CLARINGTON OFFICIAL PLAN
Amendment No. 39 to the Official Plan for the Municipality of Clarington which amended
the Port Darlington Neighbourhood Secondary Plan is amended as follows:
"1, by deleting therefrom Section 1 and Sections 4 to 11, inclusive; and
2. by amending Section 2 to delete from the second sentence of new
Section 4.4 of the Port Darlington Neighbourhood Secondary Plan, the
words "Marina Commercial" ,
ATTACHMENT 2
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RE P 0 R~p~~~endum
PSD-155-04
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, December 6, 2004
Report #: PSD-155-04
File #: COPA 2004-005
By-law #:
Subject:
OFFICIAL PLAN AMENDMENT
PORT DARLINGTON NEIGHBOURHOOD SECONDARY PLAN
RECOMMENDATIONS:
It is respectfully recommended that Council approve the following:
1. THAT Report PSD-155-04 be received;
2. THAT Amendment No. 39 to the Clarington Official Plan to amend the Port
Darlington Secondary Plan as contained in Attachment 2 to this Report be
approved and that the necessary By-law be passed;
3. THAT the Region of Durham Planning Department be forwarded a copy of this
Report and Council's decision; and,
4. THAT all interested parties listed for this report and any delegations be advised
of Council's decision.
Submitted by:
Reviewed b()~~
Franklin Wu
Chief Administrative Officer
avi . Crome, M,C.I.P.,R.P.P.
Director, Planning Services
FL *DJC*df
19 November 2004
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905}623-O830
ti71
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REPORT NO.: PSD-155-04
PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: Municipality of Clarington
1,2 Official Plan Amendment:
To amend the Port Darlington Neighbourhood Secondal)' Plan to
allow for the realignment of a portion of Port Darlington Road and
East Beach Road to enlarge the waterfront district park area. East
Beach Road defines the southerly limit of Village Commercial. The
maximum amount of gross leasable area for retail and personal
service uses of Village Commercial remains 1,500 sq. metres and
can be accommodated in the area allocated when the road is
shifted to the north.
1.3 Site Area: 146.6 hectares or 362,2 acres.
2.0 LOCATION
2.1 The subject lands are located south of the Canadian National Railway mainline
and generally includes all lands from Lot 5, Broken Front Concession to the West
Beach Road South (see Attachment 1).
3.0 BACKGROUND
3,1 On June 28th, 2004 Council decided to acquire a larger waterfront park than
previously considered to implement the District Park identified in the Clarington
Official Plan. At the same meeting, Council approved the initiation of
expropriation procedures of two properties in the East Beach area; Council
approved the three additional acquisitions in October and November pius two
additional expropriation applications in the East Beach area as no successful
conclusion to ongoing negotiations had been achieved, In addition, Council
approved the initiation of expropriation for the Port Darlington Harbour Company
Lands on the West Beach.
3.2 At the October 25th, 2004 meeting of Council, staff was authorized to make
appropriate amendments to the Port Darlington Secondary Plan in order to
facilitate the creation of larger, more usable park space as a focal point on the
waterfront.
3.3 A statutory Public Meeting was held on November 15, 2004 at which a number of
residents appeared before committee with questions as to the details of the park
plan and traffic management issues given the recent events in the
neighbourhood.
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REPORT NO.: PSD-155-04
4.0 EXISTING AND SURROUNDING USES
PAGE 3
4,1 The majority of the lands are agricultural except for the historic settlement of Port
Darlington, which dates from the late 1800's and early 1900's. In recent years,
there has been a resurgence of interest in the community and a number of the
seasonal cottages have been converted into year round dwellings. The historic
industrial waterfront uses, like ship building are in close proximity to the east side
of Bowmanville Creek, In addition, the area adjacent to the eastern side of
Bowmanville Creek has been developed as a hotel/restaurant/marina and
condominiums. Large utilities such as the Port Darlington Pollution Control Plant
and Water Treatment Plant have existed for a number of years. The natural
features such as the Lake Ontario Shoreline, Bowmanville Creek and Marsh
dominate the landscape.
4.2 Surrounding Uses:
East:
North:
Residential (Wilmot Creek) and Waterfront Greenway
Canadian National Railway, Prestige and Light Industrial plus
Green Space (hydro corridor)
Waterfront Greenway (uplands between Bowmanville and Westside
Marshes)
Lake Ontario
West:
South:
5.0 OFFICIAL PLAN POLICIES
5.1 The Durham Region Official Plan was approved by the Province on November
24, 1993. The Plan extends to the year 2021 and gives a target population for
Bowmanville of 85,000 and for Clarington of 130,000. The Plan is currently
under review. Section 14,3,9 of the Region's Official Plan designates Port
Darlington as a "waterfront place". Waterfront Places shall be developed as focal
points. The predominant uses may include marina, recreational, tourist, cultural
and community uses. The same section also sets out the waterfront trail as a
primary method of providing public access to the waterfront and to provide
continuity to the open spaces along the waterfront.
5.2 The Clarington Official Plan designates the subject lands as a Secondary Plan
within the Official Plan, The Goals and Objectives of the Secondary Plan are in
keeping with the Crombie Commission, the Clarington Waterfront Strategy and
both the Regional and Local Official Plans. The Secondary Plan the land use
designations for the Port Darlington Neighbourhood establishes the general
pattern for future development, including the Residential, Marina Commercial,
Village Commercial, Waterfront Greenway and Parks, Prestige Employment
Areas, Utilities and Environmental Protection Areas. The land use designations
in the Official Plan and Secondary Plan remain as currently approved in the
Official Plan (See Attachment 2).
5,3 While the Municipality had been acquiring properties on the south side of East
Beach Road and owns other lands to the north there was no overall parkland
development plan. To achieve the vision that Council had for a waterfront park it
was determined that additional properties on the north side of East Beach Road
'REPORT NO.: PSD-1SS-04
PAGE 4
would be required to provide sufficient depth and mass to the park adjacent to
the water. This would necessitate the moving of East Beach Road and
realignment of Port Darlington Road, From an engineering and traffic flow
perspective the realignment of these roads would provide for better park access
and improved safety. However, Policy 24.3 of the Official Plan indicates that
where the boundaries of various land use designations coincide with physical
features, such as creeks, rail lines, roads and utility lines, or instrument such as
lot and concession lines or property limits, these boundaries are meant to be
exact. As such it is necessary to amend the Secondary Plan to allow East Beach
Road to be shifted to the north.
5.4 It is also necessary to amend the Secondary Plan to provide flexibility in the
alignment of Port Darlington Road, which could be shifted towards Bowmanville
Creek to provide for better traffic flow and turning radii. The exact alignment of
this road will be the subject of further study.
5.5 This Amendment is based upon the detailed design development for the parkland
and road alignment, resulting from engineering and hydraulic, shoreline and
wetland studies. Minor technical changes have been recommended as part of
the amendment to clarify specific policies as they relate to the studies and Policy
7.4 has been deleted.
6.0 PUBLIC MEETING AND SUBMISSION
6.1 . At the statutory public meeting held on November 15, 2004 residents expressed
concerns: regarding the details of the conceptual park plan and traffic
management issues related to the existing road network.
6,2 The Conceptual Master plan for the Port Darlington Waterfront Park was
approved by Council on November 8, 2004. The Engineering Services Report
EGD-50-04 is attached (Attachment 3); it sets out the overall concept for the park
development in its initial phases. The conceptual park plan will be the subject of
public input prior to finalization of the design. The detailed questions from the
public regarding, separation from existing residents, development costs, funding
sources, maintenance and operation procedures, connections between the east
and west beach areas etc. will be addressed as part of the public review process
of the Conceptual Masterplan. There was no fundamental disagreement with the
park development.
6.3 The traffic management issue such as the long term improvement of Bennett
Road, an additional crossing of the railway tracks and better emergency access
into the Port Darlington area are addressed by the overall road network laid out
in the Secondary Plan.
REPORT NO.: PSD-155-04
PAGE 5
7.0 AGENCY COMMENTS
7.1 The Clarington Emergency Services and Operations Departments, Veridian,
Durham Police and Durham Health have no objections to the Official Plan
Amendment.
7.2 The Clarington Engineering Services Department support the Official Plan
Amendment as it provides for the realignment of the East Beach Road and Port
Darlington Road and will improve traffic flow in the area and provide a larger
waterfront park,
7.3 CLOCA have no objections to the Official Plan amendment. They have requested
minor wording changes to clarify where their involvement in development
applications and approvals will be necessary. The wording changes have been
included in the Amendment as attached.
7.4 The Durham Region Planning Department has no objections to this proposal.
They have indicated that it is in conformity with the Regional Official Plan and
Community Strategic Plan. Since the amendment is considered to have no
significant Regional or Provincial concerns, the application is exempt from
Regional approval.
7.5 The Durham Region Works Department have no objections. They have provided
notice that the Water Pollution Control Plan (WPCP), could not meet the
development demand without additional underwater treatment capacity, A Class
EA is scheduled to commence in January 2005 and be complete by the end of
2005. Section 12,3 of the Secondary Plan provides for the potential expansion
and a buffer zone, according to MOE guidelines.
8.0 COMMENTS
8.1 Based on the comments contained in this report, it is respectfully recommended
that the proposed official plan amendment APPROVED.
8.2 The proposed amendment conforms to the Durham Region Official Plan and the
Region has advised that the amendment is exempt from Regional Approval.
Attachments:
Attachment 1 - Key Map
Attachment 2 - Map A - Land Use, Port Darlington Neighbourhood Secondary Plan
Attachment 3 - Proposed Official Plan Amendment
Attachment 4 - Engineering Services Report EGD-50-04
Attachment 5 - Proposed By-law Amendment
REPORT NO.: PSD-155-04
PAGE 6
.
Interested parties to be notified of Council's decision:
Glenn Ransom
Maria and Alvarina DeLemos
Cauchon/ Abugara
Port Darlington Harbour Company
Port Darlington Community Association
Kevin Taylor
Rose Savage
George Zajoc
Scott Lumley
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ATTACHMENT 3 I
to Report PSD-155-04
AMENDMENT NO. 39
TO THE CLARINGTON OFFICIAL PLAN
PURPOSE:
The purpose of this amendment is to revise the Port
Darlington Neighbourhood Secondary Plan to allow for the
realignment of a portion of Port Darlington Road and East
Beach Road to enlarge the waterfront district park area.
BASIS:
The Amendment is based upon the detailed design
development for the parkland and road alignment, resulting
from engineering and hydraulic, shoreline and wetland
studies.
ACTUAL AMENDMENT: The Port Darlington Neighbourhood Secondary Plan is
hereby amended as follows:
1. In Section 2.2, by adding the words ".of Clarington" after the words '10cal
residents",
2. By adding the following new Section 4.4:
"4.4 Notwithstanding Section 24.3 of this Official Plan, the road alignments and
land use designations on Map A-Land Use will be confirmed by detailed
park development and engineering studies. The configuration of the
Marina Commercial, Village Commercial and Waterfront Greenway
designations will be subject to the road alignment and district park
configuration,"
3. By renumbering 4.4 to 4,5,
4. In Section 6.3, by replacing the word "Facility" with "Facilities".
5. By deleting Section 7.4.
6. In Section 8.1, by adding the words "detailed park development plans, hydraulic,
shoreline and wetland studies" to the end of the final sentence, so that the final
sentence reads:
"The Municipality will seek to secure parkland for an appropriate distance
beyond the Regulatory Shoreline area as determined in consultation with
the Conservation Authority through the review of development
applications, detailed park development plans, hydraulic, shoreline and
wetland studies,"
7. In Section 8.3, by adding the following sentences after the second sentence:
"The Municipality has developed an acquisition strategy setting out priority
areas and timeframes for acquisition. Council may amend the acquisition
strategy based on the detailed plans for the park development."
'.
8, In Section 11.5, by adding the words "except through the district park where
urban standards may be altered to provide for park related features" to the end of
the last sentence, so that the final sentence reads:
"All other local roads shall be constructed and maintained to an urban
standard; except through the district park where urban standards may be
altered to provide for park related features,"
9. In Section 13,2, by adding the word" boardwalks" to the second bullet so that
the second bullet reads as follows: "bridges/boardwalks".
1 O. In Section 13,2 by adding an additional bullet: "flood, erosion and conservation
protection works"
11. In Section 13.3 a) by deleting "from the Ministry of Natural Resources and adding
"The Conservation Authority Act" such that it reads:
"Any projects on the shoreline, or in a creek shall obtain approvals under
the Lakes and River Improvement Act, the Public Lands Act, the
Conservation Authorities Act, the Federal Fisheries Act or any other
legislation as applicable."
IMPLEMENTATION:
The prOVIsions set forth in the Official Plan and the Port
Darlington Neighbourhood Secondary Plan as amended,
regarding the implementation of the Plan shall apply in
regard to this Amendment.
INTERPRETATION:
The provisions set forth in the Official Plan and the Port
Darlington Neighbourhood Secondary Plan as amended,
regarding the interpretation of the Plan shall apply in regard
to this Amendment.
,
AIIAGHMENT 4
to Report PSD-155-04
ClwiYgron
REPORT
ENGINEERING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, November 1, 2004
Report #: EGD-50-04
File#:
By-law #:
Subject:
PORT DARLINGTON WATERFRONT PARK - CONCEPTUAL MASTER PLAN
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Council approve in principle the Conceptual Master Plan for Port Darlington
Waterfront Park near the mouth of Bowmanville Creek.
2. THAT staff proceed to obtain input from the public on the Conceptual Master Pian
3, THAT staff include the implementation of Phase 1 of the Port Darlington Waterfront
Park for consideration in the 2005 capital budget and forecast.
tdaMA. ~
Submitted by: A.S. Cannella, CET.
Director of Engineering Services
vi . Crome, MCIP, R.P,P.
Director of Planning Services
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Reviewed by: Franklin Wu,
Chief Administrative Officer
ASC/PW/jo
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVlllE, ONTARIO l1C 3A6 T 905-623-3379 F 905-623-0830
,
REPORT NO.: EGD-50-04
PAGE 2
1.0 INTRODUCTION
In July 2000, Council approved a Land Acquisition Strategy for the Municipality of
Clarington and subsequent updates in May of 2002 (PSD-044-02) and June of 2004
(PSD-093-04). A Financial Analysis was prepared to evaluate the financial viability and
funding sources for the Land Acquisition Strategy (Report PSD-043-02). The Financial
Analysis report concluded that acquisition needed to be scheduled over a 20 year
period. Since, that time a number of properties have been obtained and we now have
sufficient lands to begin some development of the Bowmanville waterfront for parkland,
Council has since June of 2004 approved the acquisition and/or expropriation of the
lands necessary to develop Phase 1 of the Port Darlington Waterfront Park on the East
Beach, To provide Council with a vision of what the final build out of the park
development would look like, Engineering Services has had a conceptual master plan
prepared for all of the lands identified in the Acquisition Strategy regardless of the land
acquisition timing priority, From this conceptual plan the Phase 1 development plans
can be developed for implementation in 2000 or 2006 subject to funding,
2.0 OVERVIEW OF THE WATERFRONT STRATEGY
The Clarington Waterfront Strategy (1993) was prepared to provide a long-term vision
for Clarington's waterfront. The Strategy identified, among other things, the lack of
active and passive/recreation opportunities along the waterfront. Much of the Lake
Ontario shoreline was impeded by large land owners, such as St. Marys Cement,
Cameco, Darlington Nuclear Generating Station, Wilmot Creek Retirement Community
and large agricultural operations.
To provide more public open space the Strategy identified three district parks, one in
each of the three Urban Areas, focal nodes and areas of interest along the waterfront.
District parks in Newcastle Village and Bowmanville were centered around the existing
harbours, The district park for Courtice was identified at the bottom of Courtice Road,
Two passive recreation areas were identified, one around the Wilmot Creek in
Newcastle and the other around Bowmanville Marsh in Bowmanville. The Waterfront
Trail, focal nodes, and areas of interest associated with the trail will be contained within
a greenway of linear parks along the waterfront. (See Attachment 1)
The recommendations within the strategy provided the basis for waterfront policies in
the Clarington Official Plan, adopted in 1996. In the Clarington Official Plan the district
parks are identified with District Park symbols, and the greenway as "Waterfront
Greenway" or in some instances "Environmental Protection",
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REPORT NO.: EGD-50-04
PAGE 3
3.0 PROGRESS OF THE BOWMANVILLE WATERFRONT LAND ACQUISITION AND
PARK PLANS
3.1 Overview
In 1999, approximately 45 hectares (111 acres) of land in and adjacent to the
Bowmanville and Wests ide Marshes were secured by the Municipality of Clarington as a
result of negotiations with Blue Circle Cement (now SI. Marys Cement) to save a portion
of the Westside Marsh, These lands were subsequently transferred to Central Lake
Ontario Conservation Authority, A management plan is being prepared jointly by the
, Municipality and CLOCA to ensure the ecological functions of the marshes are not lost
as a result of future quarrying by St. Marys Cement. The plan will also piOvide
opportunities for passive recreational uses. The residents and Council were recently
invited on a tour in the summer of 2004 to view the works which are nearing completion,
The Municipality leases a portion of the Bowmanville Harbour Conservation Area from
CLOCA. A Conceptual Plan was prepared in 2000 which recommends improvements
to the boat launch, parking lot, Waterfront Trail and fish cleaning station, New play
areas and a lookout are also proposed, The improvements total $1.14 million dollars,
One third funding has been approved in the SuperBuild program. The implementation of
these improvements are contingent on receiving the balance of funds in the 2005
capital budget.
A District Park is designated at the mouth of the Bowmanville Creek for both the east
beach and west beach, The Port Darlington Harbour Company (PDHC) currently owns
the lands on both the east and west of Bowmanvil1e Creek. The Municipality has been
in negotiations with PDHC for sometime, The PDHC lands on the East Beach are
included in the long-term acquisition strategy however at this time acquisition is not
crucial to the first phase of park development. In addition, accommodating marine
industry in Bowmanville Harbour is desirable from both economic and public interest
aspects (e.g, an active waterfront is desirable), The Municipality has been acquiring
lands on the south and north side of East Beach Road to provide for sufficient depth to
the park and ancillary facilities such as parking and washrooms, etc, As such, the
Municipality has prepared a design concept that can be phased in overtime and in
relation to which lands will ultimately be publicly accessible, In addition, funds should
be allocated in the capital budget to begin implementation such as grading, parking,
seating and some plantings,
3,2 Waterfront Trail
The Waterfront Trail is generally located within the Waterfront Greenway and links the
District Parks, focal nodes and other areas of interest together. The total length of the
trail is 31 kilometers (19 miles), Opportunities to move the trail off road and closer to the
water are sought through development of lands, or by other means such as leases and
licenses agreements.
For the 'Waterfront Greenway", in the Clarington Official Plan the intention was to have
the Waterfront Trail integrated within the open space on the lake side of the roadway.
"
REPORT NO.: EGD-50-04
PAGE 4
3.3 BowmanvillelWestside Marshes Management Plan
CLOCA and the Municipality have been working on a Management Plan for the
Bowmanville and Wests ide Marshes since 2001; as part of this plan a report regarding
the dynamic beach and how it should be managed in the West Beach Area has been
prepared. The draft report recommended that "Due to the extreme severity of the
hazards (i,e, potential loss of life)" CLOCA and the Municipality continue with the long
term acquisition strategy of this area. In addition, the recreational activities
recommended for this West Beach and Bowmanville Marsh are passive in nature and
promote the restoration of the dune area along West Beach to maintain the barrier
between the lake and marsh,
3.4 Conceptual Master Plan for Pan Darlington Waterfront Park
A Conceptual Master Plan has been prepared to provide a VISion for the future
development of the waterfront in Port Darlington, The physical barrier of the
Bowmanville Creek divides the park into two distinct sides, Each side presents different
opportunities for park development.
The West Beach side contains the marsh and a sand beach with level access to the
waters edge. The East Beach side has a shoreline that is elevated from the waters edge
and existing uses such as the marina, condominiums, and Bobby C's restaurant.
The Conceptual Master Plan takes advantage of the physical features of each site to
create a district park that will provide a variety of recreational opportunities for residents
of Clarington and beyond.
3.4,1 East Beach Side (Attachment 2)
The east side of the creek would contain the active use areas of the park, It is proposed
that a large central gathering node be constructed near the waters edge at the south
extension of Port Darlington Road. This space would be used for special events such as
concerts in the park, fireworks displays, art exhibits, etc. A nautically themed children's'
playground, water play area, washroom building, and concession stand are also
proposed for this portion of the park, Open green spaces would be provided for
picnicking or informal play. The Lake Ontario Waterfront Trail would pass through this
section of the park.
Initially when the Secondary Plan for Port Darlington was being developed (1992) it was
assumed that there would be adequate room south of the existing East Beach Road for
the district park development; however, detailed development of the park plan and an
examination of the existing and potential road alignments have yielded a much more
usable park space, that will accommodate the anticipated activities in the park by
shifting the road to the north.
,
REPORT NO.: EGD-50-04
PAGE 5
Because the surrounding land is higher than the lake, direct access to the waters edge
is limited on the east side of the creek, Walkways and waterfront lookouts would be
constructed parallel to the lake along the top of the bank. Steps down to a waters edge
platform would be constructed. A small beach at the west end would provide direct
access to the waters edge.
The architectural features throughout Port Darlington Waterfront Park, including
buildings, shelters, lights and site furniture would be designed to match the architectural
style of Victorian era Port Darlington, It was during this period that Port Darlington was
an active summer resort,
The activity and vitality of the east portion of the park would complement the existing
residential, commercial, and marina uses just north of the park. Clarington's Official
Plan includes a Village Commercial block along the south side of the Regional Water
Treatment plant. This block could be developed with shops, artisan's studios and
restaurants. The village commercial buildings would also screen the view of the
Regional Plant from the park and provide the opportunity to create roofiop patios
overlooking the lake.
3.4,2 West Beach Side (Attachment 3)
The proposed parkland on the west side of the Bowmanville Creek will be much more
passive in character and will complement the beaches and marshes that dominate the
landscape on the west side, The sand beach will be the main attraction of the west
beach portion of the park. The north edge of the west beach portion of the park will
include nature trails along and through the marsh as well as interpretive signage and
opportunities to launch non-motorized boats and canoes in the open water ofthe marsh,
A waterfront promenade and waterfront lookouts are proposed along the north edge of
the beach. Beach volleyball courts could be constructed between the beach and marsh,
The volleyball courts could be used for informal play or programmed tournaments.
Since the washrooms and playground on the east beach side are not easily accessible
to the west beach it is proposed that a washroom building and children's playground
also be constructed on the west beach side of the park, This area would also provide a
neighbourhood park function for residents.
The Bowmanville Creek is a barrier to pedestrians moving between the east and west
portions of the park. The number and size of boats entering and leaving the lake at the
mouth of the creek would make building a bridge at this location very difficult and
expensive, This master plan proposes a boardwalk that connects the west portion of
the park to the marsh trails on CLOCA's land, Pedestrians would follow the marsh trail
north and cross the creek at a proposed bridge to the Bowmanville Waterfront
Recreation ,Area that is scheduled to be built in 2005. A bridge at this location is not
currently part of the 2005 project. Including a bridge in the project would create a more
direct pedestrian connection between the east and west portion of Port Darlington
Waterfront Park and between the Bowmanville Waterfront Recreation Area and Port
Darlington Waterfront Park. Using a barge to transport people from the west beach to
the east beach as was done in the early 1900's is also an option.
""
REPORT NO.: EGD-50-04
PAGE 6
4.0 CONCLUSIONS AND RECOMMENDATIONS
4,1 The framework to create publicly accessible waterfront has been established in the
Clarington Waterfront Strategy, Clarington Official Plan and the Land Acquisition
Strategy, The financial analysis provided a timeframe for the acquisition of waterfront
lands and the financial means to acquire such lands, The acquisition of waterfront land
was identified by Council as a priority, the timeframes established in the various
strategies and studies have guided staff in their recommendations to Council and land
acquisitions. We are now at the point where some development of the Port Darlington
Waterfront Park is possible.
4,2 At this time it would be prudent for Council to approve in principal the Conceptual
Master Plan for Port Darlington Waterfront Park so that the first phase of development
can be carried out within a future context for further acquisitions and phases of
development While it is desirable to have public input prior to Council endorsement of
a park master plan, staff is seeking Council endorsement at this time as the Masterplan
has an impact on private property and prior to meeting with the Port Darlington
Community Association.
4,3 The first phase of development for the district park is conceptual only and will have to
be detailed prior to construction, A cost estimate for the development of the detailed
design and construction will submitted for consideration in the 2005 Capital Budget. If
approved, the project could be started in 2005 or 2006.
Attachments:
Attachment 1 -
Attachment 2 -
Attachment 3 -
Map of Active and Passive/Recreational Areas in Clarington
East Beach Plan
West Beach Plan
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ATTACHMENT 5 to Report PSD-155-04
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2004-
'being a By-law to adopt Amendment No, 39 to the Clarington Official Plan
WHEREAS Section 17 (22) of the Planning Act RS,O, 1990, as amended, authorizes
the Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans
and Amendments thereto;
AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems
it advisable to amend the Clarington Official Plan to revise the Port Darlington
Neighbourhood Secondary Plan to allow for the realignment of a portion of Port
Darlington Road and East Beach Road to enlarge the Bowmanville waterfront district
park;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Municipality of
Clarlngton enacts as follows:
1, That Amendment No, 39 to the Clarington Official Plan being the attached
Explanatory Text is hereby approved; and
2, This By-law shall come Into force and take effect on the date of the passing
hereof.
BY-LAW read a first time this
day of
2004
BY-LAW read a second time this
day of
2004
BY-LAW read a third time and finally passed this
day of
2004
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
ATTACHMENT 3
Adaendum to Report PSD-155-04
Borden ladner Gervais lLP
Lawyer> . Patent & Trade-mark Agents
Scotia Plaza, 40 King Street West
Toronto, Ontario, Canada M5H 3Y4
tel.: (416) 367-6000 fax: (416) 367-6749
l'oWW,blgcanada,com
'05FEB09 PM 1 :40:57
STEPHEN'VIAQUE
direct tel.: 416 367-li275
direct fax: 416 361-2708
e-mail: swaque@blgcanada.com
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February 08, 2005
BORDEN
LAD N E R
GERVAIS
Delivered by Courier
Ms. Patti Barrie, Clerk
Municipality of Clarington
40 Temperance Street
Bowmanville, On
LIC 3K6
Dear Ms. Barrie:
Re: Official Plan Amendment No. 39 of the Municipality of Clarington
We represent Glen Ransom, owner of the property at 66 East Beach Road, Clarington,
which is located on the south side of east Beach Road east of Darlington Road, being
Lots I & 2, Block A, Plan H50073, former Town ofBowmanville.
Attached is our appeal of the Municipality's Official Plan Amendment No, 39. As you
will see, our concern with the Official Plan Amendment is that it changes the land use
strategy prior to acquisition of the affected lands by the Municipality,
I would be pleased to discuss this matter further with municipal representatives with the
expectation that this matter might be resolved on the basis that the Municipality would
agree that there should be some connection between the change in permitted land uses
and the proposed expropriation,
Yours truly,
~L.J..._~,<-(?
fUA Stephen F, Waque
BORDEN LADNER GERVAIS LLP
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tel. (416) 36HOOO fax: (416) 367-6749
www.blgcanada.com
February 08, 2005
STEPHEN WAQU~
direct tel,: 416 367-6275
direct fax: 416 361-2708
e-mail: swaque@blgcanada.com
Delivered by Courier
Ms, Patti Barrie, Clerk
Municipality of Clarington
40 Temperance Street
Bowmanville, On
LIC 3K6
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Dear Ms, Barrie:
Re: Official Plan Amendment No. 39 of the Municipality of Clarington
We represent Glen Ransom, owner of the property at 66 East Beach Road, Clarington,
which is located on the south side of east Beach Road east of Darlington Road, being
Lots I & 2, block A, Plan H50073, former Town of Bow manville,
On January 17, 2005 Council passed by-law 2005-004 adopting Official Plan
Amendment No, 39 to the Clarington Official Plan, The amendment revises the Port
Darlington Neighbourhood Secondary Plan to allow for the realignment of portions of
Port Darlington Road and East Beach Road to enlarge the waterfront district park area,
The amendment also eliminates the allowance for additional commercial uses on the
south side of East Beach Road,
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On behalf of my client I appeal this decision to the Ontario municipal Board pursuant to
Section 17(36) of the Planning Act for the following reasons:
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Section 5 of OPA 39 deletes Section 7.4 of the Secondary Plan, thereby
eliminating the provision for additional commercial uses on the south side of
Beach Road, which includes my client's lands, Although the municipality has
indicated its intention to acquire my client's lands, it has not done so to date, This
change in the range of permissible land uses is therefore inappropriate prior to
acquisition of these lands by the municipality,
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Section 7 ofOPA 39 amends Section 8.3 of the Secondary Plan by adding: "The
municipality has developed an acquisition strategy setting out priority areas and
time frames for acquisition. Council may amend the acquisition strategy based on
the detailed plans for the park development." This statement indicates that the
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acquisition strategy has not been finalized and reinforces my concern that changes
in land use should not proceed the acquisition of the relevant land by the
municipality,
3. The proposed changes are inappropriate in the event that the expropriation does
not proceed.
4. Further changes to the land use limiting the highest and best use of my client's
lands are not permissible once the expropriation process is contemplated or
commenced, Accordingly, the proposed changes, in light of the served Notice of
Application for Approval to Expropriate, are not proper,
Yours truly,
~L~~i.-LP
(lV1 Stephen F, Waque
BORDEN LADNER GERVAIS LLP
::ODMA\PCDOCS\CCTlS87397\!
End: Cheque for the Ontario Municipal Board's application fee,
2
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'05FEEATTACHMENT 4
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Addendum to Report PSD-155-04
AIRD & BERLIS UP
Barristers and Solicitors
Patent and Trade Mark Agents
Christopher J. Williams
Direct: 416,865,7745
E-mail: cwilliams@airdberlis.com
February 8, 2005
BY COURIER
Our File No,: 86148
Ms, Patti L. Barrie
Clerk
Corporation of the Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario
L 1C 3A6
Dear Ms. Barrie:
Re: Proposed Official Plan Amendment No. 39
Port Darlington Neighbourhood Secondary Plan
Your File COPA2004.005
As you are aware, Aird & Berlis LLP has been retained by Mr. Andrew Wiggers, of
Wiggers Custom Yachts Limited and the Port Darlington Harbour Company (collectively,
the "Harbour Company") in respect of the proposed expropriation of approximately 5 acres
of Harbour Company lands intended to facilitate the expansion of Clarington's proposed
waterfront park system, These are the same lands which are contemplated in OPA No.
39 as comprising part of Clarington's future waterfront parklands system,
A Hearing of Necessity has been scheduled for April 7 and 8, 2005, at which time the
necessity and appropriateness of the proposed expropriation will be determined, Until
such time as the expropriation matter is determined, the scope of OPA No, 39 will remain
undefined. As such, it is premature for the municipality to proceed with OPA No, 39 at this
time.
In addition, and as we have previously outlined in our correspondence of December 10,
2004, the expansion of the parkland area and the necessitating realignment of East Beach
Road and Port Darlington Road will most certainly have a negative impact on our client's
ability to continue with their existing commercial operations. Moreover, the introduction of
incompatible land uses immediately adjacent to the Harbour Company's lands will further
BeE Place, Suite 1800. Box 754, 181 Bay Street. Toronto, Ontario, Canada M5J 2T9 T: 416.863.1500 F: 416.863.1515
www.airdberlis.com
Affjliated with Owen, Bird I Vancouver
fP
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February 8, 2005
Page 2
challenge the continued viable operation of our client's industrial operations by
compromising any future expansion of those operations,
As a result of the foregoing, and for other additional reasons previously communicated to
the municipality, we appeal OPA No, 39 on behalf of our clients,
In support of our appeal, please find enclosed a cheque written to the Ontario Municipal
Board, in the required amount of $125,00,
Yours very truly,
AIRD & BERLlS LLP
Christo er J, Wille:
CJW/AD/db
cc: David J, Crome, M,C.I.P., R.P.P,
Director, Planning Services
Franklin Wu
Chief Administrative Officer
Port Darlington Harbour Company
Attention: A, Wiggers
Wiggers Custom Yachts Ltd,
Attention: A. Wiggers and B, Helmer
J. RoselE. Costello, Aird & Berlis LLP
Mr. Philip H., Meretsky, Q,C.
: :OOMAIPCDOCS\DOCS\ 1834855\3
;115
AIRD & BERLlS UP
B.""""......~SOlici"'..
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2005-
being a By-law to adopt certain amendments to proposed
Amendment No, 39 to the modification of Clarington Official Plan
WHEREAS at its meeting on April 25, 2005, Council received Addendum to Report
PSD-155-04;
AND WHEREAS Council considers it to be expedient to amend proposed Amendment
No, 39 to the Municipality of Clarington Official Plan as recommended in Addendum to
Report PSD-155-04;
NOW THEREFORE the Council of The Corporation of the Municipality of Clarington
enacts as follows:
1, That the following amendments to proposed Amendment No, 39 to the Clarington
Official Plan adopted by By-law No, 2005-004 are hereby adopted by:
(a) Section 1 and Section 4 to 11, inclusive, of proposed Official Plan
Amendment No. 39 are deleted; and
(b) the words "Marina Commercial" are deleted from the second sentence of
new Section 4.4 of the Port Darlington Neighbourhood Secondary Plan
which was added by section 2 of proposed Official Plan Amendment No,
39,
2, This By-law shall come into force and take effect on the date of the passing
hereof.
BY-LAW read a first time this
dayof
2005
BY-LAW read a second time this
day of
2005
BY-LAW read a third time and finally passed this
day of
2005
John Mutton, Mayor
Patti L Barrie, MuniCipal Clerk
ATTACHMENT 5
Addendum to
Report PSD-155-04