HomeMy WebLinkAboutPD-036-00
.....
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
WITHDRAWN
Meeting:
General Purpose and Administration Committee
File #
Date:
Monday,A.priI17,2000
Res. #
Report #:
PD-036-00 File #: DEV 97-083; DEV 97-084
By-law #
Subject:
REZONING A.PPLICATIONS - MUNICIPALITY OF CLARINGTON
WESTSIDE Mi\RSH 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 that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-036-00 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;
4. THAT a copy of this Report be forwarded to the Region of Durham Planning
DeparJment, Blue Circle Canada Inc., Central Lake Ontario Conservation Authority and
the Port Darlington Community Association; and
5. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
I. 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 many conditions that
must be fulfilled by both the Municipality and Blue Circle towards the completion in the
arrangements.
609
-..:!!
REPORT PD-036-o0
PAGE 2
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, 1997
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 on January 19, 1998, a Public Meeting
was held in accordance with the requirements of the Planning Act.
1.3 As the closing date identified within the "Principles of Understanding" is approaching
and the lands need to be rezoned in order to minimize CLOCA's tax burden, the attached
by-laws are forwarded for Council's approval.
2. APPLICATION DETAILS
2.1 Two applications have been initiated by the Municipality of Clarington to rezone lands
currently owned by Blue Circle and Ontario Hydro Networks Company. The details of
the applications are noted below.
2.1.1 Application DEV 97-083
Owners: Blue Circle Canada Inc.
Ontario Hydro Networks Company (Ontario Hydro)
from "Agricultural (A)" zone and "Extractive Industrial Exception (M3-
1)" zone to "Environmental Proteclion (EP)" zone.
Ontario Hydro transmission corridor, location of the creek diversion,
westerly portion of the Bowmanville Marsh and other smaller holdings
(Attachment No. I)
24 hectares (59 acres)
Rezoning:
Location:
Area:
610
REPORT PD-036-00
PAGE 3
2.1.2 Application DEV 97-084
Owners: Blue Circle Canada Inc.
Rezoning: from "Extractive Industrial Exception (M3-1)" zone to "Environmental
Protection (EP)" zone.
Location: Reconfigured Westside Marsh, Marsh Link Area and overflow channel
(Attachment No.1)
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
Ontario Hydro transmission corridor. The lands also possess a portion of the Waterfront
Trail and some open space areas.
3.2 Surrounding Uses:
West - Blue Circle quany, cement plant and associated uses
Easl - 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 designation
reflects the current and future siluation.
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
611
REPORT PD-036-00
PAGE 4
Blue Circle. Council also requested that the Region not adopt the proposed modification
to the Official Plan unlil such time as the temporary public highway .is closed and the
Lease is released to Blue Circle.
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 reflects the
current and future situation.
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 lands "Environmental Protection (EP)" to reflect the new creek diversion, the green
space system and in order to protect the reconfigured marsh.
6. PUBLIC MEETING AND SUBMISSIONS
6.1 Since 1994, this subject has undergone an extensive public consultation process as part of
the Waterfront Regeneration Trust's work and under the Municipal Act for the closure of
Waverly Road. The public meeting for this proposed amendment to the Municipality's
Zoning By-law, as required by the Planning Act, was held on January 19, 1998. In
612
REPORT PD-036-00
PAGE 5
accordance with Ihe 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 various 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 will not come into force and effect until the required Official Plan
policies are approved.
7.4 On April 10,2000 Ontario Hydro advised verbally that they had concerns regarding the
extent of the "EP" zoning for their corridor lands. Ontario Hydro is considering
additional revenue opportunities for linear services which would be constructed within
their corridors (e.g. fibre optic cable). Accordingly they requested that the zoned lands
be restricted to the diversion channel lands only.
613
REPORT PD-036-00
PAGE 6
8. STAFF COMMENTS AND CONCLUSION
8.1 The applications for rezoning have been initiated by the Municipalily 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
allows for revisions to assessed value to reflect the limited range of uses under
conservation authorily management.
8.3 Ontario Hydro's concerns have been reviewed. Most alternate uses for the corridor
would qualify as a "public use" under the existing zoning by-law. Furthermore, since the
surveys are just being completed, it has not been possible to affix the zoning with the
certainty needed for just the creek diversion. Staff indicated to Ontario Hydro officials
that in preparing the new zoning by-law only the creek diversion channel and the
Bowmanville valley lands would be zoned "EP". This alternative is acceptable to Ontario
Hydro.
8.4 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) ofthe Planning Act.
614
REPORT PD-036-00
PAGE 7
Respectfully submitted,
Reviewed by,
.....-,
_~~~ll
J/....:
<-'7) )fl-L~
D id . rome, M.C.I.P., R.P.P.
Director of Planning & Development
HB*BN*DJC*cc
f
F lin u, M.C.I.P., R.P.P.,
Chief Administrative Officer
April 12, 2000
Attachment No. I
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 LlC 3K3
Glenda Gies
Port Darlington Community Association
311 Cove Road
Bowmanville, Ontario LlC 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
Ontario Hydro Services Co.
7676 Woodbine Avenue, Suite 300
Markham,Ontario L3R 2N2
Mavis Carleton
119 Cove Road
Bowmanville, Ontario LlC 3K3
615
ATTACHMENT NO.1
LOT 14
LOT 12
&WE
CIRCLE I
LANDS ~ I
r 11,11
~S:::::l,lll
1'1
OVERFLDW I,
CHANNE
LANDS .
,
)
I
I",
I
,
OVERFLOW'
CHANNEL I
LANDS -A- \
Lake Ontario
) l-~ll,
Q ,
"
I
'I
"
~!;i
\\ f ~ JI
~""
~I,
(ill
4J ;=< 1/
~ ~~E2~=~
~ PROPOSED Df\IERSION
~ ~~?; SIDE SLOPE
KEY MAP
9/-0:><
616
ATTACHMENT NO.2
THE CORPORATION OF THE MlliIClP ALITY OF CLARINGTON
BY-LAW NUMBER 2000-_
being a By-Ia\v to amend By-law 84-63, the Comprehensive Zoning
By-law for the Corporation of the former Tovim of Newcastle.
VlHEREAS the Council of the Corporation of the MlU1icipality 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.
NOW THEREFORE BE IT RESOLVED THAT the Council ofthe Corporation of the Municipality
of Clarington 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 "Environmental Protection (EP)" zone; and
"Agricultural (A)" zone to "EnvirolUTIental Protection (EP)" zone
as shown on the attached Schedule "A" hereto.
2. Schedule "A" attached hereto shall form part of this By-1a\'v..
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.
f
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
617
This is Schedule"" A"" to By-law 2000-
passed this day of , 2000 A.D.
LOT 1 4 LOT 1 3 LOT 1 2 LOT 1 1 LOT 1 0
JI IIJBtiJ~ IILq!EJ~f' ,.11,
1U. I ~, IBASELlE RO,A.D WEST.,.,.,. /',' : ~.~'~,.,,', J!," Z
I ;1 ~-! /<::--~' I I :J.tn,>\\--~____ -- 0
'/. . '.' .. / V
., /~ 'I'~/- 4D1 ' , en
, ~ HIGHWAY, f7 "'.' " en
,~ ~I~_",~ I\\~, bJjU\~.~RO~, \.Jl W
~ /~ +--~--l~---=-----L::~ ~ ~,~\ \1 '"'- ()
. ,...-""" ~Cc:::JI '~i-=-",r Z
: ~~, _ !.,-- -11 0
.'~~,., II <..>
A'H~~~~[ ~
o
I (.. il a:
< II'
\, \\,>-=\\, Z
01 ' :....,-.-...,~\
fi-i ~
>c ,-'. ",Jj 0
~ ~._~ ill I I ,." a:::
cc ", i='~ ,I,. "., -,- CD
~ ~: I~ , ~I~ '.
-",.. --_"-'~\~J. .;,~
>, r-C .~../ ..",I.llli8.,:U10WJb1lillJllJjl'!lT!liJ-'~ci<I~.'.-'."
I ,.\.0-~/- ~_,:,_-'..~I."
I / .' A . ,,\V 'e "
IlwATS~L M y'i;~;C-\ '-
I~
JL.:Y
/
~ ZONING CHANGE FROM "A" TO "EP"
_ ZONING CHANGE FROM "M3-1" TO "EP"
Mayor
t
Clerk
BOWMANVILLE
618
,
ATTACHMENT NO.3
THE CORPORATION OF THE MCNICIPALITY OF CLARlNGTON
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 TO\Vll of Newcastle.
WHEREAS the Council of the Corporation of the MWlicipality of Clarington deems it advisable to
amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle to
implement DEV 97-084.
AND WHEREAS said By-law shall he passed pursuant to Section 24 (2) of the Planning Act,
whereby the By-law will not come into effect until such time as the appropriate Official Plan
Amendment has received the necessary approvaL
NOW THEREFORE BE IT RESOLVED THAT the Council ofthe 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 "Environmental Protection (EP)" zone
as shown on the attached Schedule "A" hereto.
2. Schedule "A" attached hereto shall form part of this By-la\'l.
,
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 Planning Act.
BY-LAW read a first time this day of
2000,
BY-LAW read a second time this day of
2000.
BY -LA VV read a third time and finally passed this
day of
2000.
MAYOR
CLERK
619
This is Schedule"" A"" to
passed this day of
By-law 2000-
, 2000 A.D.
LOT 10
;!
- -;-</'
---!:>~;:.;>/
:<~:/_~~- --,--~--=__J
E 6
:t: (f)
(f)
w
()
z
o
()
I-
Z
o
a:::
lL.
z
W
~
o
a:::
CD
H
i
Ii
!
SlI
01
""
~!
'"
~
,.
I
LAKe ONTARIO
~ ZONING CHANGE FROM "M3-1" TO "EP"
Mayor
BOWMANVILLE
Clerk
620
,
t