HomeMy WebLinkAboutPD-076-00
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REPORT #5
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting:
Council
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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
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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)
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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
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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.
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REPORT PD-076-00
PAGE 8
Respectfully submitted,
Reviewed by,
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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
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ATTACHMENT NO.1
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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.
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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
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This is Schedule II A" to By-law 2000-
passed this day of , 2000 A.D.
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11I1 ZONING CHANGE FROM "A" TO "EP"
_ ZONING CHANGE FROM "M3-1" TO "EP"
~ ZONING CHANGE FROM "M3-1" TO "A"
Mayor
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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.
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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
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This is Schedule"" A""
passed this day
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By-law 2000-
, 2000 A.D.
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