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Home My WebLink AboutPSD-009-01 . ----- ~ ~ REPORT #2 (~!J!illglOn REPORT Meeting: COUNCIL c.-L\'lS.O\ Date: SEPTEMBER 10, 2001 ~ / Report #: PSD-009-01 File # -J-Q ';; By-law # Subject: INTERIM CONTROL BY.LAW COURTICE KING STREET CORRIDOR AND MAIN CENTRAL AREA SECONDARY PLAN FILE: PLN 8.6.4 Recommendations: It is respectfully recommended that Council approved the following: 1. THAT Report #PSD-009-01 be received; 2. THAT Council pass the interim control by-law contained in Attachment #5 to this Report; and 3. THAT notice of the passing of the interim control by-law be given in accordance with Subsection 38(3) of the Planning Act, R.S.O. 1990, C.P. 13, as amended. Respectfully submitted, Reviewed by, c)~~ Franklin Wu, M.C.I.P., R.P.P. Chief Administrative Officer D id . rome, M.C.I.P., R.P,P. Direct of Planning Services Department DJC*sh September 6, 2001 . .... ..; REPORT: PSD-009-01 PAGE 2 1.0 BACKGROUND 1.1 The Courtice Highway 2 Corridor and Main Central Area Study was initiated by Council's approval of the recommendations contained in Report #PD-013-00 at its meeting on February 7, 2000. The original Study area primarily comprised Special Policy Area F and Special Study Area 1 as defined in the Clarington Official Plan. It is identified on the map contained in Attachment #1. 1.2 The engagement of the firm of Markson Borooah Hodgson Architects to act as the principal consultants to prepare the Study was approved by Council's approval of the recommendations contained in Report #TR-53-00 at its meeting on July 10, 2000. Also participating in the Study are the consulting firms of Totten Sims Hubicki, Valerie Crammer & Associates and TCI Management Consultants. 1.3 Since the section of Highway 2 in question is a Region of Durham road, the Municipality and the Region are funding the costs of the consultants' Study. 1.4 The Study area subsequently was extended to include the right-of-way of Highway 2 westerly to Townline Road and easterly to Hancock Road. The extensions are shown on the map contained in Attachment #2. 1.5 In general, the purpose of the Study is to recommend land use policies for the Courtice Main Central Area and Special Study Area F which would create a new focus for Courtice and transform Highway 2 from a "Regional Road" to a "Main Street" for Courtice. The intent is that as part of the Study process, appropriate land use policies would be incorporated in the Clarington Official Plan by amendment to it in accordance with the process requirements of the Planning Act. 1.6 In doing their work, the consultants have had the benefit of the advice both of a Technical Committee and a Study Committee. The members of these Committees are set out in Attachment #3. Additionally, the consultants have consulted extensively with the public as their work progressed. 1.7 Council at its meeting on June 25, 2001, adopted the recommendations contained in Report #PD-062-01 and received the consultants' Study entitled "Highway to Main Street: Courtice Highway 2 Corridor and Main Central Area Study." It was referred to the Municipality's staff and the Region of Durham for consideration and review. As well, the Municipality's staff was authorized to prepare a secondary plan using information contained in the Study as appropriate. A further report to Council by staff is required. 1.8 Draft amendments to the Municipality's Official Plan have been prepared by staff and circulated to affected agencies and the public in accordance with the provisions of the Planning Act. A public meeting before Council as required by the Planning Act is scheduled to take place at the meeting of the General Purpose and Administration Committee on September 17, 2001. ~ ,.: REPORT: PSD-009-01 PAGE 3 1.9 Prior to and since the Study was initiated several applications have been received by the Municipality for the development of sites within the Study area (Attachment #4). Having regard to the fact that the Study was ongoing, certain of these applications including an application by Richard H. Gay Holdings Ltd. for the rezoning of an existing residential dwelling at 1697 Highway 2, Clarington, to permit it to be used for business and personal services as the company offices and approval of a site plan were referred back to staff for further processing and the preparation of a separate report. Gay has appealed to the Ontario Municipal Board regarding Council's failure to enact his requested amendment to the Zoning By-law and has referred the site plan to the Board as well. The OMB hearing is scheduled for October 3 and 4, 2001. 1.10 The Study process will not be completed until Council considers the recommendations concerning any representations made to the General Purpose and Administration Committee at the meeting on September 17, 2001 and until Council makes a decision whether to adopt the draft Official Plan amendments establishing new land use policies, to adopt them with modifications, or to reject them all in accordance with the Planning Act. 1.11 It is anticipated that Council will refer all representations made in respect of the draft Official Plan amendments at the meetings on September 17, 2001 to staff for further review and subsequent written report to Council in accordance with Council's usual practice. 1.12 In order to protect the interests of the Municipality respecting land use planning policies for the original Study area, it is important for Council to pass an interim control by-law applicable to this area. The By-law would prohibit to prohibit the use of land, buildings or structures for purposes which, if established, could preempt Council from completing the Study process by adopting and enacting appropriate and effective planning instruments in accordance with the Planning Act. 2.0 INTERIM CONTROL BY-LAW 2,1 Where Council has directed that a review or study be undertaken in respect of land use policies in the Municipality or in an area by by-law or resolution (as is the case here in respect of the original Study area), subsection 38(1) of the Planning Act authorizes Council to pass an interim control by-law to prohibit the use of land, buildings or structures within the area for or except for such purposes as and set out in the by-law. The by-law will be in effect for an initial period specified in it which period is not to exceed one year from the date of the passing of the By-law. In effect, an interim control by-law supersedes the Zoning By-law provisions applicable to the areas that are not consistent with the interim control by-law. It should be noted that non-conforming uses provided for in subsection 34(9) of the Planning Act are protected from the operation of the interim control by-law. .: REPORT: PSD-009-01 PAGE 4 2.2 In general, the purpose of an interim control by-law is to allow the study or review of land use planning policies in an area to be undertaken without the change in circumstance that would result from new development being established before the study is completed and implementing planning instruments adopted or passed by Council. 2.3 In order to prevent the preemption of planning decisions from occurring as a result of new development being undertaken in the original Study area until Council can take one of the actions referred to in section 1.10 above, it is recommended that the interim control by-law contained in Attachment #5 be passed, to be effective for a period of nine months from the date on which it is passed. This will allow the orderly completion of the planning process respecting this important area of Clarington to take place in accordance with the Planning Act. 2.4 The draft interim control by-law attached to the Report (Attachment #5) will prohibit the use of land, buildings or structures within the original Study for all uses except single detached dwellings, a police station and a fire station, with accessory uses, buildings or structures provided that these excepted uses are made in accordance with the relevant regulations in the Municipality's Zoning By- law (By-law No. 84-63, as amended). Attachment 1 Attachment 2 Attachment 3 Attachment 4 Attachment 5 - Map showing Original Study Area - Map showing extension of Study Area - Members of Technical Committee and Study Committee - List of Applications respecting lands in original Study area - Interim Control By-law CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 (905)623-3379 F (905)623-6506 ATTACHMENT 1 \tIGflElD lANE ~. ~ lPOPPYRElD DRIVE '" u Ii '" o u ~ I u ~ o g GEORGE S OR. ~B gj o In a: 0 u 0 d: "' ~ " w z ~ ::> u 0 GlENVlEW "- CECIL ~ ~ " ~ ~ i ~ II WESIMORE ST. ROAD " Cl a: '" u Ii ::> 0 u <i " ~ a: R01,O gj a: u ~ a: l:! o w u Ii ::> ~ ~ BI COURTICE MAIN CENTRAL AREA COURTICE SPECIAL POLICY AREA . F . "" ATTACHMENT 2 ...s:. Q)- J;;;;,;- ~ ~ :J - .(1)... "0 <I). "0 c: <1)-. ,- LX.. _ W peo~ )f:>o:>ueH ,I ' " J Lill- O)- Q,c aJ Q) u E t/I !ll , ATTACHMENT 3 COURTlCE HIGHWAY 2 CORRIDOR STUDY TECHNICAL COMMITTEE MEMBER LISTING Ms. Bin Newell Manager, Community Planning The Municipality of Clarington Mr. Ed Lisinki Engineering Coordinator, Engineering Department The Municipality of Clarington Mr. Richard Holy Planner, Community Planning Branch The Municipality of Clarington Mr. Gene Chartier Manager of Transportation Durham Region Public Works Department Mr. Jeff Brooks Senior Planner, Durham Planning Durham Region Planning Ms, Lisa Backus Planning Enforcement Officer Central Lake Ontario Conservation COURTICE HIGHWAY 2 CORRIDOR STUDY STUDY COMMITTEE MEMBER LISTING Mr, Jim Schell Regional Councillor The Municipality of Clarington Ms, Jane Rowe Local Councillor The Municipality of Clarington Ms, Bin Newell Manager, Community Planning The Municipality of Clarington Mr. Richard Holy Planner, Community Planning Branch The Municipality of Clarington Mr. Ed Lisinki Engineering Coordinator, Engineering Department The Municipality of Clarington Mr. Gene Chartier Manager of Transportation Durham Region Public Works Department Mr. Jeff Brooks Senior Planner, Durham Planning Durham Region Planning Ms. Lisa Backus Planning Enforcement Officer Central Lake Ontario Conservation Mr. Derek Baird Resident Mr. Ian Smith Courtice Business Association Remax Ability Real Estate Ltd. Mr. Marcel Provenzano Remax Ability Real Estate Ltd, Mr. Robert Cook Resident Mr. Paul Wylie Resident Cecil Adema Resident Mr. George Gouldburn Resident ATTACHMENT 4 List of Applications Respecting Lands in Original Study Area Rezoning Application Applicant: David West, Wayne West, and Ronald Wilson Part Lot 32, Concession 2, Former Township of Darlington 1564 Highway 2, Courtice File: ZBA 99-037 Rezoning Application Applicants: Charles Murphy and Susan Stephenson Part Lot 32, Concession 2, Former Township of Darlington 1556 Highway 2, Courtice File: ZBA 99-042 Rezoning Application Applicant: William Bryans Part Lot 32, Concession 2, Former Township of Darlington 1560 Highway 2, Courtice File: ZBA 2000-007 Rezoning and Site Plan Applications Applicant: Richard H. Gay Holding Limited Part Lots 29/30, Concession 2, Former Township of Darlington 1687 Highway 2, Courtice Files: ZBA 2001-004 & SPA2001-003 Rezoning and Draft Plan of Subdivision Applications Applicants: First-Tech Mechanical Limited, Maria Wulczyn, and Percy Napper Part Lot 31, Concession 2, Former Township of Darlington 1613 Highway 2 and 33 Kennedy Drive, Courtice Files: ZBA 2001-016 & S-C-2001-02 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2001- being an interim Control By-law passed pursuant to Section 38 of the Planning Act, R,S,O, 1990, c.P,13, as amended WHEREAS by Resolution #C-75-00 passed at Its meeting on February 7, 2000, Council directed that a review or study In respect of land use planning policies be undertaken in the area identified as the "Lands To Which This By-law Applies" on the map contained in Schedule "A" hereto and subsequently engaged consultants to conduct a study and report thereon with their recommendations to Council; WHEREAS the consultants' study has been received by the Municipality and referred to staff for review and report to Council; WHEREAS Council deems it expedient to pass an Interim control by-law under Section 38 of the Planning Act, R.S,O, 1990, c,P.13, as amended; NOW THEREFORE BE IT RESOLVED THAT the Council of The Corporation of the Municipality of Clarington enacts as follows: 1, The use of land, buildings or structures located within the area identified as "Lands To Which This By-law Applies" on the map contained in Schedule "1" attached to and forming part of this By-law, is prohibited, except use for one or more of the following purposes if permitted by By-law No, 84-63, as amended, on the day prior to the date of passing of this By-law: - a police station - a fire station - a single detached dwelling - accessory building or structure and an accessory use to anyone or more of the foregoing uses permitted by the. aforesaid By-law No, 84-63 provided that the regulations applicable thereto contained In the aforesaid By-law No, 84-63, as amended, are complied with and provided further that the terms "single detached dwelling", "accessory building or structure" and "accessory use" have the same meaning that the terms have in the aforesaid By-law No, 84-63, as amended, 2, This By-law shall be in effect for the period of nine (9) months from the date of passing of it. BY-LAW read a first time this 10th day of 10th day of September 2001 2001 BY-LAW read a second time this September BY-LAW read a third time and finally passed this 10th day of September 2001 t John Mutton, Mayor Patti L, Barrie, Municipal Clerk ATTACHMENT 5 , - . .I '" Schedule "A" To Interim Control By-Law 2001- fiR t [" ,-r' ~1j:!:HE::t=J~OILUYI 1111!E::)l' "-t=15c g.-J ~ 1 I II l.;.,.l,,~f I ~ <; f- t-- 5f::Wlm~rTfT\Y-> t::c ~ ~ If.- I rn:B" IT rr >- ~ ~ t= 1Tl FF ~ 1rr.~hTm III m nM~ = gI1~~l<\\ \- HI i}L ~?~ ~";'"o II t ~ [IT I [1 /'---- ~'"~o /= ~ ~==' ~ t:: =tV ~;~ t:Iffi \:= IY '"' ~-----t r= "'1---" ! - . l~ f\'_o~~t%iH!:j:'."Fiiw*\*&.........ji'~ C/~~: 1\lll I A~ :,:(:r'':':':':ft &i':,::):,t:):J):/::r-~ ~~ ~ . - tt://:t:f::::::::,::;~~,~~ c"'\ 7 v ~ ~ e: JJ- i=1 iii-';'i-i'iii;-I' - ~ ~ ~~~ 5 f- ::ff::::::::::::ffff)))},:' '?:.::,_, ____ ~ ~ /~\\ . ml i':'J - " .~ '"'' iimim:0J:/ ;!EFTjU;dq~ '= ~ ~ ~ ~ ~ ~ I '111111111 ,~~ ~ · ':::'::::)j:):::::::::frffI::, i ~ ~ I ~ =! ~ ~ ~! i ~ .. ::::::::::::?{:::~~i~~~~it~tfrt~h. ~~~~ ~ ~ u 8 I~~~~~=j, ~::'m = t '2'; I~ :::::::::f::::::f::ttt~::::ff)~ /JJlITil Hlli@iliil' KiN D'/Ifr= t= LLUJ, ~ ~ \'<~."""~o '::: ::::::::::::::r::::::::::::{:'::::::':'" /< ~~WlJJw.llJJ,I1 V" T\Y ~~ ~1- i=11TI11lliJ fl~ - -~ z E! fl-L.l/ "" -t= 1j1/TT1t'7 f ~ E (,.<\11111111 .J,JJ,.l~, ~" / k\\I\IWJ ~ L ~~ ~~ Ad';:: m,~~~" )'~0iiiw ~I~/~, /~ ~~ Ii Q~~~I ~ ~1-.~-~/11liiii~1 ~~m~?>7=::/.~ !o.::0\"'&- E I \\\\\/~ r~ ::z-.-.Y/'-fAY& I COURTICE In':''':''TTnl LANDS TO WHICH THIS BY-LAW APPLIES GF/CIMAPINFOIPLANNING!COURTICE-CORRIDQRJINTERIM-CONTRQL.WQR