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Report To: Planning and Development Committee
Date of Meeting: May 15, 2017
Report Number: PSD-036-17 Resolution: PD-100-17
File Number: COPA2016-0001 By-law Number:
Report Subject: Region of Durham Post Circulation Comments on Amendment No.
107 to the Clarington Plan
Recommendations:
1.That Report PSD-036-17 be received for information.
Municipality of Clarington
Report PSD-036-17 Page 2
Report Overview
The Region of Durham has issued a Post Circulation Letter on Official Plan Amendment No.
107. Staff have worked closely with Regional staff in the review process which has included
full circulation to agencies and provincial ministries.
Although a large number of modifications are proposed, for the most part they are not
substantive changes. Four deferrals are proposed, two related to the classification of roads,
which will be resolved through either the Durham Transportation Master Plan update or the
Longworth Avenue Environmental Assessment. Hamlet extensions have been deferred for
more detailed study and the Courtice Waterfront Park has been deferred at the Municipality’s
request. The expansion of Orono has been refused but policies will be put in place to
provide for consideration of this in the context of the next Regional Official Plan update.
For the most part, staff are satisfied with the input in this final stage of the Official Plan
Review. The Director of Planning will be responding to the proposed changes as outlined in
this report and finalize any other items with the Region.
1. Background
The Official Plan Review led to Council’s adoption of Official Plan Amendment No. 107
(OPA 107) on November 1, 2016. Immediately after, OPA 107 was sent to the Durham
Region for approval. During the last few months, staff have been working with the
Regional Planning staff to address any issues raised and clarify the adopted amendment.
Regional approval of OPA 107 is delegated to the Regional Commissioner of Planning
and Economic Development. Prior to final approval, the Region circulates the Council
adopted OPA 107 to various Provincial ministries, Regional departments and external
agencies. The different comments are then consolidated and reviewed to determine
conformity with Regional and Provincial policies. In addition, the Region has received
letters and met with private landowners and they have been having ongoing discussions
with Clarington staff. The outcome of this process is what is called the Post Circulation
Comments letter which was received by the Municipality on May 5, 2017.
2. Post Circulation Comments
2.1 The Post Circulation Comments letter (see Attachment 1 to this report) includes 3
attachments. The first attachment is a table that describes the proposed modifications,
deferred decisions and refusals to the Council adopted OPA 107. The next two
attachments are the correspondence received from the Agencies and landowners. These
attachments are available in the Planning Services Department or at:
http://www.claringtonopreview.ca/.
2.2 The majority of the comments from the Region regarding the Council adopted OPA 107
are positive and supported by staff. Comments have been provided in three categories:
Municipality of Clarington
Report PSD-036-17 Page 3
• Modifications – proposed changes to the policies and maps in the adopted
Official Plan.
• Deferred Decisions – decisions on the proposed changes that can likely be
supported later after further study (e.g. changes to the road network that are being
recvied through the Durham Transportation Master Plan).
• Refusals – a decision to refuse a proposed change to the Official Plan.
Modifications
2.3 The modifications generally fall into four categories:
• Housekeeping changes – adding cross-reference, correcting cross-references,
minor wording changes.
• Clarification Changes – changes that either clarify the intent, provide for
consistency through the document or address specific issues with a policy.
• Conformity Changes – changes requested by the Province to more closely
implement Provincial Policy. Not all of the Province’s proposed changes were
incorporated; the Region has determined in most instances that OPA 107
satisfactorily implemented Provincial policy.
• Other Substantive Changes – significant changes to the policies adopted by
Council. The substantive changes are related to Hamlets and Orono, which are
discussed below.
2.4 With these changes, staff’s opinion is that the modifications were generally appropriate,
except as noted below.
Deferred Decisions
2.5 The Region deferred making a decision on four matters in order that more technical
information may be available or other policy processes like the Regional Transportation
Master Plan are concluded.
2.6 Deferral 1 – Road Network
Many of OPA 107 changes to the road network system also require amendments to the
Regional Official Plan. While the Region agrees in principle with most of the changes
proposed, a decisions cannot be made since it would not conform with the Regional
Official Plan. The soon to be completed Region of Durham Transportation Master Plan
will confirm this and lead to Regional Official Plan amendments.
2.7 Deferral 2 –Road Network in Maple Grove Area
Proposed changes to the road network around Maple Grove have been deferred until the
Municipality completes the Longworth Avenue Extension Municipal Class Environmental
Assessment.
Municipality of Clarington
Report PSD-036-17 Page 4
2.8 Deferral 3 - Hamlet Expansions
The Region is deferring a decision on the expansion of hamlet boundaries until more
detailed information is prepared by the landowners that would meet the requirements of
the Greenbelt Plan and the Regional Official Plan. This includes studies of such matters
as hydrogeology, impact of development on existing wells, suitability of soil conditions for
private sewage disposal systems, surface drainage and hamlet character. Accordingly,
the Region of Durham is proposing a modification (Modification 80) below.
“A new Section 12.4.6 is hereby added as follows:
12.4.6 Notwithstanding policy 3.4.3.2 of the Greenbelt Plan, minor
rounding-out of the hamlet boundaries of Leskard, Newtonville, Kendal,
Hampton, Maple Grove and Solina may be permitted in accordance with
the relevant policies of the Greenbelt Plan and the Durham Regional
Official Plan, subject to the completion of appropriate studies to justify and
establish the limits of such rounding-out.”
The net result is that the one-time rounding out of hamlets under the Greenbelt Plan is
preserved and can be implemented through an individual decision on each hamlet when
a proponent (or the Municipality) has justified, through the appropriate studies that the
Hamlet may expand.
Staff agree with deferral and related modification with the exception of Leskard and
Maple Grove. The Leskard expansion was only to recognize one existing lot. There is no
reason a landowner would undertake this type of study only to be “officially” recognized
as part of the hamlet. Similarly, in Maple Grove the hamlet expansion was only to
recognize the Durham Regional Police East Division and Forensics facilities. The Region
should either approve or refuse this boundary expansion and eliminate the reference to
Leskard and Maple Grove in the modification.
2.9 Deferral 4 – Courtice Waterfront Park
As discussed at the Council meeting of October 31 and November 1, 2016, the objection
of Mr. Kirk Kemp with respect to the Community-Wide Park designation on the Courtice
waterfront was parked at the Municipality’s request reading the Region to defer making a
decision on this matter.
Municipality of Clarington
Report PSD-036-17 Page 5
Refusals
2.10 The Region of Durham has refused the Orono Urban Area boundary expansion at this
time. Orono is considered an Urban Area under the Provincial Growth Plan and as a
result, as noted in the Post Circulation letter, Urban Boundary expansions must first occur
through a Regional Official Plan Amendment process. While it has refused the
expansion, the Region has recognized that an expansion should be explored through the
next comprehensive review of the Durham Region Official Plan. The additional policies
added to the Official Plan in support of Orono are contained in Attachment 2 to this
report. Modification 126 adds policies to recognize Orono as Special Study Area No. 5. In
addition, an existing policy (7.3.3) has been modified to specifically recognize the need
for services and infrastructure to support the economic development of Orono
(Modification 43). There are additional policies that call for the Municipality to prepare an
economic development strategy for Orono. (Modification 44).
2.11 There are three modifications to the road network that essentially restore the road
classification in the existing Official Plan. They should correctly be considered refusals.
These were:
• Deletion of a Type C Arterial Road at the north limits of Bowmanville east of
Liberty (Modification 198).
• Redesignation of Aspen Spring Drive from a Collector Road to a Type C arterial
(Modification 199).
• Redesignation of Brookhilll Boulevard from a Collector Road to a Type C arterial
(Modification 200).
These modifications are in areas where Secondary Plans will be prepared or updated.
The transportation network can be addressed in more detail through these studies and
amendments required at that time.
Regional Official Plan Deferral No. 4
2.12 In 1993, the Province deferred the approval of proposed to be designated Industrial on
the east side of 35/115 in Orono. This area currently includes Ell-Rod Custom Millwork.
The Region will be requesting the Province to lift this deferral coincident with the approval
of OPA 107.
3. Next Steps
Through the resolution adopting OPA 107 on November 1, 2016, Clarington Council
authorized the Director of Planning Services to take all steps to finalize OPA 107.
At this time, as the Director of the Planning Services, I will respond to the Region of
Durham Planning Department to advise of our concurrence with the Modifications,
Municipality of Clarington
Report PSD-036-17 Page 6
Deferrals and Refusal outlined the Post Circulation Comments letter except as noted in
this report and address any other issues that arise.
Upon receipt, it is our understanding that the Commissioner will approve OPA 107 as
provided for in the Post Circulation Letter. A Notice of Decision will be given to those
people who have requested such notice from the Region.
Should no appeals be received within the 20 day appeal period, OPA 107 will come in to
full force and effect. We anticipate that any appeals will be limited in scope.
It should be noted that the Municipality also has the opportunity to appeal the decision of
the Region if we cannot agree to the changes but Planning staff do not foresee the need
for such an appeal.
Submitted by: Reviewed by:
David J. Crome, MCIP, RPP for: Curry Clifford, MPA, CMO,
Director of Planning Services Interim CAO
Staff Contact: Lisa Backus, Sr. Planner, 905-623-3379 ext. 2414 or lbackus@clarington.net
Attachment 1 Post Circulation Letter from Roger Saunders, Region of Durham Director of
Planning dated May 5, 2017
Attachment 2 Orono Support Modifications
DJC/tg
I:\^Department\LDO NEW FILING SYSTEM\Application Files\COPA-Official Plan Amendment\2016\COPA2016-0001 (No 107_PLN 38.13)\Staff Reports\PSD-036-17\PSD-036-17.docx
Municipality of Clarington Attachment 1 to
Report PSD-036-17
Municipality of Clarington Attachment 2 to
Report PSD-036-17
Orono Support Modifications
1.1 Modification #43
Amend AA #226 to add a new bullet point to the list which states “investment in
downtown Orono.
So the policy reads,
“7.3.2 7.3.3 The Municipality shall seek the assistance of other levels of
government to ensure essential business services and infrastructure are available
to meet the economic development objectives of the Municipality, including:
•higher education facilities;
•high calibre electronic telecommunications and communications network;
•tollfree telephone service to Toronto
•sufficient and reliable electric power and natural gas, including the
refurbishment and expansion of the Darlington Nuclear Generating Station;
•expansion of quality health care facilities;
•investment in downtown Orono;
•water supply and sanitary sewer services;
•Regional road and Provincial highway construction including appropriate
widenings and new interchanges; and
•improvements to the public transit system, including the timely extension of
the GO Rail Lakeshore East line.”
1.2 Modification #44
Add a new Actual Amendment number after #235 to add a new instruction and
new Sections 7.3.12 and 7.3.13.
So the instruction and the policies read,
“Sections 7.3.12 and 7.3.13 are hereby added as follows:
7.3.12 The Municipality, together with the Orono Business Improvement Area, the
Region of Durham, and with the assistance of other levels of government, will
prepare an economic development strategy for Orono that will not only serve the
needs of the business community and its residents, but will also help achieve a
complete and sustainable community in Orono.
7.3.13 The economic development strategy will support Orono as a centre serving
the needs of its urban area residents and the surrounding rural population. The
strategy will:
a) promote the Orono downtown businesses;
b)promote development or redevelopment of the employment lands;
c)increase housing options to meet the needs of all residents throughout all
stages of their lives; and
d)encourage government services to locate in the downtown of Orono.”
Municipality of Clarington Attachment 3 to
Report PSD-036-17
1.3 Modification #126
Insert a new Actual Amendment number after AA #481 to add a new Section “17.6
–Special Policy Area No.5 – Orono”.
“New Section 17.6 is added as follows:
17.6 Special Study Area No. 5 – Orono
17.6.1 Orono is identified as a Special Study Area for the purpose of a possible
future Urban Boundary expansion. Notwithstanding Section 17.1, development in
Orono shall be governed by the land use designations and all applicable policies of
this Plan.
17.6.2 Urban Area expansions in Orono may be considered through the next
comprehensive review of the Durham Region Official Plan, subject to the following
matters being addressed and evaluated:
a)the availability of municipal services and an analysis of alternative servicing
strategies, including the possible extension of lake-based sanitary sewer and
water supply services to Orono;
b)the amount and rate of development that has occurred in both the urban and
rural areas of Clarington;
c)the supply of different housing types to give consideration to a variety of
housing needs; and
d)the need for economic support for the downtown area of Orono.
17.6.3 Expansion to the Orono Urban Boundary beyond that shown on the Land
Use Schedule shall only occur in accordance with Section 23.17.6 and after the
Durham Regional Official Plan recognizes the Urban Area expansion.”