HomeMy WebLinkAboutPSD-117-03
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REPORT
PLANNING SERVICES
Meeting:
Date:
Report #:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
GflPr- 3"11-03
September 22, 2003
PSD-117-03 File #: COPA 2003-007 By-law #:
COPA 2003-008 and ZBA 2003-034
Subject:
OAK RIDGES MORAINE OFFICIAL PLAN AND ZONING BY-LAW
CONFORMITY AMENDMENT - EXTENSION REQUEST
MUNICIPALITY OF CLARINGTON
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-117-03 be received:
2. THAT the Honourable Minister of Municipal Affairs and Housing be requested to grant a
9 month extension under the Oak Ridges Moraine Conservation Act to the Municipality
of Clarington to provide additional time to complete the necessary amendments to the
Clarington Official Plan and the Zoning By-law; and
3. THAT the Minister of Municipal Affairs and Housing and the Durham Region Planning
Department be forwarded a copy of this report.
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Submitted by: a' J, Crome, M.C.I.P., R.P.P. Reviewed by: Franklin Wu,
Director of Planning Services Chief Administrative Officer
HB*CP*DJC*sh
September 17, 2003
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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REPORT NO.: PSD-117.Q3
PAGE 2
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1.0 BACKGROUND
1.1 The Oak Ridges Moraine Conservation Act requires that within 18 months of the filing of
the Oak Ridges Moraine Conservation Plan (ORMCP), every prescribed municipality
shall prepare and adopt the necessary amendments to their Official Plan and Zoning By-
law to implement the ORMCP. The Municipality of Clarington, along with 26 other
municipalities, is required to submit amendments to the Minister of Municipal Affairs by
October 22, 2003.
2.0 DISCUSSION
2.1 Staff spent considerable time and effort on the ORMCP conformity amendments. This
included a detailed review of the ORMCP understanding its implications, determining
how the amendments should be structured, preparing the draft and final amendments. It
also included consideration of amendments to the Region of Durham Official Plan,
ensuring that the Clarington amendments will be in compliance with the Region of
Durham Official Plan. Furthermore, a public consultation program was undertaken
which included hosting 2 Public Information Centres, preparing 2 newsletters, and
posting the amendments and newsletters on the Municipality's web site.
2.2 Staff chose to incorporate the policies of the ORMCP into the Official Plan, instead of
adding a secondary plan, as many local municipalities are proposing to do. Although
this has been a daunting task, staff believe that this will better serve the Municipality
over the longer term providing a foundation for a consistent planning framework.
Copies of the "consolidated policies", a document incorporating the changes required to
the Official Plan, were sent to the Ministry of Municipal Affairs, the Region of Durham
and the Conservation Authorities on May 30, 2003 for their comment. As of the writing
of this report, comments have been received from the Conservation Authorities only.
Staff continued to "fine tune" the draft policies through the summer, addressing the
comments received from the public, the Conservation Authorities and municipal staff
review. The revised document, including the draft official plan amendments was
circulated to the Ministry, Region and Conservation Authorities on August 25, 2003.
Comments have yet to be received from any of these agencies on these documents.
2.3 Staff are preparing the zoning changes in the context of a new Zoning By-law for
Clarington. The Zoning By-law for the Oak Ridges Moraine will eventually expand to
cover the entire Municipality. Zone districts and regulations must be interpreted
precisely and it is important to be as accurate as possible. The draft Zoning By-law
presented today through Report PSD-116-03, is a preliminary draft and still needs
considerable fine-tuning prior to adoption.
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REPORT NO.: PSD.117-G3
PAGE 3
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2.4 Although we are in a position that we could finalize the Official Plan Amendments shortly,
the work on the zoning lags considerably. It would be desirable to process both
documents simultaneously so that any issues arising in the zoning review can be
addressed in both documents. It is also desirable to receive and review the comments of
the Region and the Ministry prior to adopting the Official Plan.
2.5 It is noted that the commencement of the Oak Ridges conformity exercise by
municipalities was delayed in the initial stages due to slower than expected
dissemination of information from the Province.
2.6 Most other municipalities are in a similar or worse position and the Ministry of Municipal
Affairs and Housing has recognized that zoning issues are taking longer to address.
Under Section 9(6) and 9(10) of the Oak Ridges Moraine Conservation Act, the Minister
may make a written declaration to grant an extension of time. Ministry staff indicate that
6 to 9 month extensions on the conformity exercise will be granted upon request. All
other local municipalities in Durham Region affected by ORMCP are requesting
extensions. It is noted that last April, the Region previously made this request on behalf
of the Durham area municipalities,
3.0 CONCLUSION
3.1 It is recommended that the Minister of Municipal Affairs and Housing be requested to
grant the Municipality of Clarington a nine (9) month extension to adopt the necessary
changes to the Clarington Official Plan and to pass a Zoning By-law in conformity with
the Oak Ridges Moraine Conservation Plan,
Interested parties to be advised of Council's decision:
The Honourable David Young, Minister
Ministry of Municipal Affairs and Housing
777 Bay Street, 17th Floor
Toronto, Ontario M5G 2E5
Rizaldo Padilla
Planning Advisor, Durham Region
Ministry of Municipal Affairs and Housing
777 Bay Street, 17th Floor
Toronto, Ontario M5G 2E5
Alex Georgieff,
Region of Durham Planning Department
1615 Dundas Street East
Lang Tower, West Building
4th Floor, Whitby Mall
Whitby, Ontario L 1 N 6A3
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