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HomeMy WebLinkAboutPD-076-00 :' 1,'-:11 . . , ....' REPORT #5 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: Council Dl'i.D",,,). q7.0)?3 File# D 1'1\:)e0 "17 o'?'f, Date: Monday, July 10, 2000 Res. # C - L>rd "3 (:, () Report #: PD-076-00 File #: DEV 97-083; DEV 97-084 By-law # Subject: REZONING APPLICATIONS - MUNICIPALITY OF CLARINGTON WESTSIDE MARSH AND ASSOCIATED LANDS FROM "PRINCIPLES OF UNDERSTANDING WITH BLUE CIRCLE CANADA INC. FILE NO.: DEV 97-083; DEV 97-084 Recommendations: It is respectfully recommended to Council the following: 1. THAT Report PD-076-00 be received; 2. THAT the applications DEV 97-083 and DEV 97-084 initiated by the Municipality of Clarington, to amend Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, as amended, be APPROVED; 3. THAT the amending by-laws attached hereto be forwarded to Council for adoption subsequent to the closure of the temporary public highway and the release of the lease on the temporary public highway; 4. THAT the changes in the proposed by-laws are minor and that a new Public Meeting to consider the revision to the by-laws is not necessary; 5. THAT a copy of this Report be forwarded to the Region of Durham Planning Department, Blue Circle Canada Inc., Central Lake Ontario Conservation Authority and the Port Darlington Community Association; and 6. THAT all interested parties listed in this report and any delegations be advised of Council's decision. 1. BACKGROUND 1.1 In 1996 Council authorized the Municipality to enter into negotiations with Blue Circle Canada Inc. (Blue Circle) to implement the recommendations of the report of the Waterfront Regeneration Trust entitled "Westside Marsh Report and Recommendations". Arising from these discussions are the "Principles of Understanding" between Blue Circle and the Municipality of Clarington which were adopted by Council on November 3, 1997. This agreement contains a number of _...-:!' ~ REPORT PD-076-00 PAGE 2 conditions that must be fulfilled by both the Municipality and Blue Circle towards the completion in the arrangements. 1.2 Included in the "Principles of Understanding" are proposed changes to the Durham Regional Official Plan, Clarington Official Plan and the Municipality's Zoning By-law which were agreed to by staff and representatives of Blue Circle. On November 3, I 997 Council approved the modification to the Clarington Official Plan and requested the Region to modify the Regional Official Plan upon the fulfillment of conditions by both the Municipality and Blue Circle. In addition, two zoning by-laws were prepared that would implement the concept and were attached as Schedules to the "Principles of Understanding". The Municipality agreed to initiate the process under the Planning Act to rezone the lands associated with the Westside Creek diversion, the Westside and Bowmanville Marshes and the Marsh Link Area, and on January 19, 1998, a Public Meeting was held in accordance with the requirements of the Planning Act. 2. APPLICATION DETAILS 2.1 Two applications have been initiated by the Municipality of Clarington to rezone lands currently owned by Blue Circle and Hydro One Networks Inc. The details of the applications are noted below. 2.1.1 Application DEV 97-083 Owners: Blue Circle Canada Inc. Hydro One Networks Inc. (Ontario Hydro) Rezoning: from "Agricultural (A)" zone and "Extractive Industrial Exception (M3- 1)" zone to "Agricultural (A)" and "Environmental Protection (EP)" zones. Location: Hydro One Networks Inc. transmission corridor, location of the creek diversion, westerly portion of the BOWillanville Marsh and other smaller holdings (Attachment No.1) Area: 24 hectares (59 acres) . " .' REPORT PD-076-00 PAGE 3 2,1.2 Application DEV 97-084 Owners: Blue Circle Canada Inc. Rezoning: from "Extractive Industrial Exception (M3-I)" zone to "Environmental Protection (EP)" zone. Location: Reconfigured Westside Marsh, Marsh Link Area and overflow channel (Attachment No. I) Area: 39 hectares (96 acres) 3. SITE CHARACTERISTICS AND SURROUNDING AREAS 3.1 The subject lands are dominated by the Westside Marsh, Bowmanville Marsh and Hydro One Networks Inc. transmission corridor. The lands also possess a portion of the Waterfront Trail and some open space areas. 3.2 Surrounding Uses: West - Blue Circle quarry, cement plant and associated uses East - Bowmanville Harbour Conservation Area and Bobby C's Restaurant and Marina (formerly known as Port Darlington Marina). North - C. N. Railway and Highway 401 South - Cove Road and Cedar Crest Beach Road residential areas. 4. OFFICIAL PLAN POLICIES 4.1 Durham Regional Official Plan 4.1.1 The lands subject to application DEV 97-083 include the future creek diversion, a portion of the Bowmanville Marsh and other small holdings. These areas are designated "Major Open Space" and "Waterfront Link" in the Regional Official Plan. The designations appropriately reflect the current and future status of the lands. 4,1,2 The lands subject to Application DEV 97-084 include a portion of the Westside Marsh and Marsh Link Area. They are designated as "Special Policy Area B" within the Durham Regional Official Plan. In ADMIN Report 47-97, Council requested the Region of Durham to amend the Official Plan to reflect the "Principles of Understanding" with REPORT PD-076-00 PAGE 4 Blue Circle. Council also requested that the Region not adopt the proposed modification to the Official Plan until such time as the temporary public highway is closed and the Lease is released to Blue Circle. By-laws to close and convey this temporary public highway will be considered by Council on July 10, 2000. 4.2 Clarington Official Plan 4.2.1 The lands subject to application DEV 97-083 are designated "Waterfront Greenway" and "Environmental Protection" in the Clarington Official Plan. The designation appropriately reflects the current and future status ofthese lands. 4.2.2 The lands subject to Application DEV 97-084 are designated as "Special Policy Area 2" and are also deferred in the Clarington Official Plan. In ADMIN Report 47-97, Council recommended approval of Modification # 170 to the Clarington Official Plan which redesignates the reconfigured Westside Marsh and other lands as Environmental Protection Area. This modification also proposes a number of changes designed to implement the "Principles of Understanding" and to ensure that existing irritants of noise and dust will not be further aggravated as quarrying activities proceed easterly. The modification is to be approved by the Region of Durham at such time as the temporary public highway is closed and the Lease is released to Blue Circle. 5. ZONING BY -LAW PROVISIONS 5.1 The lands associated with these applications are currently zoned "Agricultural (A)" and "Extractive Industrial Exception (M3-1)". The proposed by-law amendment will zone the majority of the lands "Environmental Protection (EP)" to reflect the new creek diversion, the green space system, and to protect the reconfigured marsh. Those lands located within the Hydro One Networks Inc. corridor and not committed to the creek diversion area, shall be zoned "Agricultural (A)" as these lands are not required for the conveyance ofthe creek and the hazards associated with the creek. 6. PUBLIC MEETING AND SUBMISSIONS 6.1 The public meeting for this proposed amendment to the Municipality's Zoning By-law, as REPORT PD-076-00 PAGE 5 required by the Planning Act, was held on January 19, 1998. In accordance willi the regulations of the Planning Act, public notice was mailed to each landowner within the prescribed 120 metre (400 ft) distance and a notice was placed in the Canadian Statesman. 6.2 At the Public Meeting, one resident stated that they are generally in favour of saving as much of the marsh as is possible. This resident also stated that concerns pertaining to noise and dust are being addressed. There has been no other correspondence received by the Planning Department either in support or opposition to this application. 7. AGENCY COMMENTS 7.1 The rezoning applications were circulated to vanous departments and agencies for comment. Comments were not received from the Ministry of Natural Resources, the Ministry of Transportation, C. N. Rail and CLOCA. Although comments were not received, these agencies are aware of the process. CLOCA, in particular, has been an active participant in fulfilling the "Principles of Understanding" . 7.2 The Municipality of Clarington Fire Department and Public Works Department have no objection to these applications. Also, Clarington Hydro, now Veridian, had no objection to the application, but did request to receive a copy of the proposed plan for the reconstruction of Cove Road in order to examine if there will be any impact to services. 7.3 The Region of Durham Planning Department advised that detailed comments will be provided prior to the Region acting on the deferral (Deferral No.1). They advise that any zoning amendment for DEV 97-084 will not come into force and effect until the required Official Plan policies are approved. The attached by-law references that the zoning will come into effect when the deferral is resolved. 7.4 On April 10, 2000 Hydro One Networks Inc. advised verbally that they had concerns regarding the extent of the "EP" zoning for their corridor lands. Hydro One Networks Inc. is considering additional revenue opportunities for linear services which would be REPORT PD-076-00 PAGE 6 constructed within their corridors (e.g. fibre optic cable). Accordingly they requested that the zoned lands be restricted to the diversion channel lands only. 7.5 In April 2000, Blue Circle Canada, in review of the proposed zoning, confirmed that an easement exists, in favour of Blue Circle Canada, to allow access to the quarry across Hydro One Networks Inc. corridor lands west of Waverly Road. These lands are currently zoned "Agricultural (A)". In accordance with the "Principals of Understanding", Hydro One Networks Inc. lands in their entirety were to be zoned "Environmental Protection (EP)". Blue Circle expressed concern that rezoning the entire corridor lands, including the easement, "Environmental Protection" would not accurately reflect the entrance use. Blue Circle also requested that the zoning of the lands located west of the Waverly Road adjacent to the Overflow Channel Lands "A", "B" and "C" (Attachment No. I), reflect the registered plan for this area. The lands used for the purposes of conveying water from the marsh to Lake Ontario, including the easement lands to provide access to maintain the Overflow Channel will be zoned "Environmental Protection (EP)". The lands located west of the features will be zoned "Extractive Industrial Exception (M3-l)". 8. STAFF COMMENTS 8.1 The applications for rezoning have been initiated by the Municipality of Clarington as agreed upon in the "Principles of Understanding". By-laws were prepared and form part of the "Principles of Understanding" being Schedule "N" and "0" respectfully. Although the agreement indicates the intent of both parties to proceed with the zoning by-laws identified in the agreement, it expressly indicates that Council's legislative discretion is not fettered by the agreement. The clause recognized that the previous Council could not bind the current Council. It also recognized the public notice requirements of the Planning Act that needed to be followed prior to making a decision. 8.2 Ownership of much of the land subject to these applications will be transferred to Central Lake Ontario Conservation Authority (CLOCA). The rezoning of the subject lands " REPORT PD-076-00 PAGE 7 allows for revisions to assessed value to reflect the limited range of uses under conservation authority management. 8.3 Cove Road has been reconstructed and the bridge connecting Cove Road and Cedar Crest Beach Road has been constructed and is currently being traveled upon. Council on July 10,2000 will consider by-laws to adopt Cove Road as a public highway and to officially accept and open the bridge. Public Works has confirmed that Veridian has had opportunities to review the plans to assess ifthere will be any impacts to their service. 8.4 Hydro One Networks Inc.'s concerns have been reviewed. As the surveys of the creek diversion area have been completed for these lands and deposited with the registry office, their request can be accommodated. The "Environmental Protection (EP)" zoning will reflect the limits of the creek diversion and the remainder of the lands will be zoned "Agricultural (A)". 8.5 Blue Circle Canada's request have been reviewed and as previously established as per Hydro One Networks Inc. request, only these lands used for the creek diversion works will be zoned "Environmental Protection". As such, the lands subject to the easement for the entrance to the quarry are currently zoned "Agricultural (A)" and will remain so zoned as such. With respect to the lands located west of Channel Lands "A", "B" and "C", these will be zoned "Extractive Industrial Exception (M3-l)". 9. CONCLUSION It is recommended that the by-laws which accompany this report as Attachment No.2 and Attachment No.3 be approved. The by-law for DEV 97-084 (Attachment No.3) will not come into force and effect until such time as the appropriate modifications to the Municipal Official Plan and Regional Official Plan are adopted in accordance with Section 24(2) of the Planning Act. " REPORT PD-076-00 PAGE 8 Respectfully submitted, Reviewed by, d~~ Davi J. rome, M,C.I.P., R.P.P. Director of Planning & Development Franklin Wu, M,C.I.P., R.P.P., Chief Administrative Officer HB*BN*DJC*cc July 3, 2000 Attachment No.1 Attachment No.2 Attachment No.3 Key Map Proposed Zoning By-law Amendment DEV 97-083 Proposed Zoning By-law Amendment DEV 97-084 Interested parties to be notified of Council and Committee's decision: Mr. Wilson Little Blue Circle Canada Inc. 400 Waverly Road Bowmanville, Ontario LIC 3K3 Glenda Gies Port Darlington Community Association 311 Cove Road Bowmanville, Ontario LIC 3K3 Mr. Russ Powell Central Lake Ontario Conservation Authority 100 Whiting Avenue Oshawa, Ontario LlH 3T3 C. H. (Chris) Vanderreest Senior Real Estate Administrator Real Estate Services Hydro One Networks Inc. Services Co. 7676 Woodbine Avenue, Suite 300 Markham,Ontario L3R 2N2 Mavis Carleton 119 Cove Road Bowmanville, Ontario LlC 3IG " . . ATTACHMENT NO.1 LOT 14 12" ~ BLUE CIRCLE LANDS \ MlttRSH i \ UNK i~AREA I" I r ,I'll ~S:=li i 1,1, , , jm \.u (;~ c:=J\D G1 ~ ~ -;r. v:: c;Jen .' j c-.l o2/Jc::::::::3'''-~~ L.,?- 00 ' Lake Ontario , ) , Ie-, I I OVERFLOW I CHANNEL I LANDS-A- : ) J' (] ,:: Ii " . 1/ \ f)l;! \\ ,I ,\ "----.,Ij! ~o! 2JJ~", i EG] ~~2:1 QUARRY SLOPE &: BENCH m PROPOSED ~ C~NEL S18FJON 2 or 3:1 SlOPE KEY MAP "', ,~ ATTACHMENT NO.2 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2000,_ being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle. WHEREAS the Council of the Corporation of the Municipality ofClarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle to implement DEV 97-083. 'l! NOW THEREFORE BE IT RESOLVED THAT the Council o[the Corporation of the Municipality ofClarington enacts as follows: 1. Schedule "3" to By-law 84-63 as amended. is hereby further amended by changing the zone designation from: "Extractive Industrial Exception (M3-1)" zone to .tEnvironmental protection (EP)1I zone "Extractive Industrial Exception (M3-1)" zone to "Agricultural (A)" zone; and "Agricultural (A)" zone to tlEnvironmental Protection (EPt zone as shown on the attached Schedule" A" hereto. 2. Schedule "A" attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. BY -LAW read a first time this day of 2000. BY-LAW read a second time this day of 2000, BY,LAW read a third time and finally passed this day of 2000. MAYOR CLERK 4. ,.. This is Schedule II A" to By-law 2000- passed this day of , 2000 A.D. LOT JI 1 4 LOT 1 3 LOT 1 2 LOT 11 J rn:8Ei::RLJ ~m _, 8ASELI~E ROAD~ES I ~-- 401 \1\G\1'/1f>,~ LOT 10 I II LAKE ONTARIO l:itl;:; ZONING TO REMAIN <<A" 11I1 ZONING CHANGE FROM "A" TO "EP" _ ZONING CHANGE FROM "M3-1" TO "EP" ~ ZONING CHANGE FROM "M3-1" TO "A" Mayor Clerk BOWMANVlLLE z o (f) (f) W () Z o () '" I- Z o ~ l.L.. Z W ~ o ~ CD t , -. ATTACHMENT NO.3 THE CORPORATION OF THE :VIUNIClPALlTY OF CLARINGTON BY-LAW i\UMBER20()O, being a By-law to amend By-la\\' 84-63, the Comprehensive Zoning By-law for the Corporation of the former TO\VI1 ofNc'Ncastle. Vv'1-:lEREAS the Council of the Corporation of the Municipality of Cia ring ton deems it advisable to amend By-law 84-63, as amended, of the Corporation of the fOlmer TO\'/n of Ne\l/castle to implement DEV 97-084. AND WHEREAS said By-law shall be passed pursuant to Section 24 (2) of the Planning Act, \vhereby the By-law will not come into effect until such time as the appropriate OfficialPJan Amendment has received the necessary approval. NOW THEREFORE BE IT RESOLVED THAT the COlilleii of the Corporation of the Municipality of Cia ring ton enacts as follo\vs: 1. Schedule "3" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Extractive Industrial Exception (M3-1)" zone to "Environmental Protection (EP)" zone as shovm on the attached Schedule "Air hereto. 2. Schedule "A" attached hereto shall fom1 pan ofthis By-law. , 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 24 (2) and 34 of the Plartning Act. BY,LA W read a first time this day of 2000. BY -LAW read a second time this day of 2000. BY -LAW read a third time and finally passed this day of 2000. MAYOR CLERK . .. ... . This is Schedule"" A"" passed this day to of By-law 2000- , 2000 A.D. "L'il'm " ' I' , ~. I (I"~," '" ! I' Q ~ I- -= ..:::.:cc;c/ '~_ Z ::J(j) ,0 , Ul Ul W () Z o () I- Z o ~ LL Z W ~ o ~ 00 I ,I LAKE ONTARIO II _ ZONING CHANGE FROM "M3-'" TO "EP" Mayor Clerk BOWMANVILLE t ,