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HomeMy WebLinkAbout2017-06-20Special Planning and Development Committee Minutes June 20, 2017 - 1 - Minutes of a special meeting of the Planning and Development Committee held on Tuesday, June 20, 2017 at 7:00 PM in the Council Chambers. Present Were: Mayor A. Foster, Councillor S. Cooke, Councillor R. Hooper, Councillor J. Neal, Councillor W. Partner, Councillor C. Traill until 9:36 PM, Councillor W. Woo Staff Present: C. Clifford, D. Crome, C. Pellarin, K. Richardson, J. Gallagher, M. Chambers 1 Call to Order Councillor Woo called the meeting to order at 7:00 PM. 2 Adopt the Agenda Resolution #PD-121-17 Moved by Councillor Partner, seconded by Councillor Traill That the Agenda for the Special Planning and Development Committee special meeting of June 20, 2017, be adopted as presented. Carried 3 Declarations of Interest There were no disclosures of interest stated at this meeting. 4 Public Meetings 4.1 An Application by Kaitlin Homes Limited to Amend the Zoning By-law to Permit the Extension of a Temporary Use Zoning By-law to Facilitate a Temporary Homes Sales Pavilion at 3 Martin Road, Bowmanville Applicant: Kaitlin Homes Limited Report: PSD-042-17 Amanda Watson, Planner I, made a verbal and electronic presentation to the Committee regarding the application. No one spoke in opposition to the application. Enzo Bertucci, Director of Land Development, Kaitlin Homes, spoke to the application. He advised the Committee they are in support the application and Staff report. Mr. Bertucci offered to answer any questions from the Committee. Special Planning and Development Committee Minutes June 20, 2017 - 2 - 4.2 An Application by Simon Gill and Janet Taylor Gill to Permit Agri-tourism Uses on their Farm Property Including Special Events and a Nano-cidery Applicant: Simon Gill and Janet Taylor Gill Report: PSD-043-17 David Addington, Planner I, made a verbal and electronic presentation to the Committee regarding the application. No one spoke in opposition to the application. Kevin Anyan, local business owner, spoke in support of the application. He explained to the Committee that his catering business has catered several family events at Hayfield Farms. Mr. Anyan noted that usually agricultural farms need to be very large to be successful and this type of agri-tourism use will assist to supplement a small business. He added that it is encouraging to see a younger family entering into the farming business and looking at ways to improve and expand existing farming businesses. Mr. Anyan noted that this is a small farming operation that will support the community and provide employment to local students. He offered to answer questions from the Committee. Anne Wilson, local resident, spoke to the application. She explained that she lives on the north side of the subject property. Ms. Wilson noted that she is concerned with the number of events per year. She explained that she is aware that the applicants have the daylily farm and asked if the special events business will be joined together. She also asked if there will be camping on the property. She stated that they share a fence line and that she was concerned that she will see parked cars when she looks over her property. Judy Pell, local resident, spoke to the application. She explained to the Committee that she is not opposed to the concept, but is concerned about the number of events, and questioned if it is only 13 events, will they be all the summer weekends. Ms. Pell added that she is worried that the noise associated with the number of guests and cars parked will negatively affect the rural area. David Trotter, local resident, spoke in support of the application. He explained that this will not impact him and wanted to provide his support to the applicants. Janet Taylor Gill & Simon Gill, applicants, spoke to the application. Ms. Taylor Gill thanked the Committee for the opportunity to speak and for their neighbours attending to provide their comments. She indicated that they want to work with the neighbours to provide the best situation for everyone. Ms. Taylor Gill referenced the information in the handout provided to the Committee which explains their focus on shared community values. She provided background on their business and location. Ms. Taylor Gill indicated that they want to grow a sustainable business by leveraging the historical aspects of their property. She explained that their focus is not just to hold 13 weddings, Special Planning and Development Committee Minutes June 20, 2017 - 3 - but they plan to be open to public events, charity events, dinner theatre, as well as events focusing on history and craftsmanship. Ms. Taylor Gill added that they will be offering discounts for anyone who has made a donation to local organizations. Simon Gill thanked their neighbours for providing comment. He explained that they are willing to work with the neighbours and have reached out to keep an open dialogue. Mr. Gill explained that they will be capping the number of attendees at 140 for events which should work out to approximately 70 cars. He noted that the festival will be one of the 13 events, and “farm to table” events will be included as part of the 13 events. Mr. Gill added that they are willing to plant a tree line buffer, perhaps with apple trees. To address the concern with noise, they will enforce the noise by-laws at their events and will require a security person at alcohol related events. Ms. Taylor Gill clarified that they had, on one occasion, allowed camping after their own wedding but camping will not be part of this business plan. They offered to answer any questions from the Committee. 4.3 An Application by Newcastle Marina Villa Ltd. (Kaitlin Corporation) To permit 27 townhouse condominium units in the Port of Newcastle Applicant: Marina Villas Ltd. (Kaitlin) Report: PSD-044-17 Cynthia Strike, Principal Planner, made a verbal and electronic presentation to the Committee regarding the application. Sharon Osborne, Director, Durham Standard Condominium Corporation (DSCC) 205 spoke in opposition to the application. She advised the Committee that she was speaking on behalf of the condominium corporation. Ms. Osborne provided background information on the DSCC 205. She continued by explaining to the Committee that this development will negatively impact the current owners. Ms. Osborne advised the Committee that her main concerns are the road access and cost sharing issues. She believes that having only one access point will not allow for sufficient ingress and egress. Ms. Osborne advised the Committee that this is already a busy road. She is concerned with the construction traffic and she is not confident that Kaitlin Corporation will keep the roads clean during construction. Ms. Osborne stated that there should be access on the north side of the property onto Shipway Avenue. She explained that there is no documentation with respect to cost sharing and the existing condominium owners should not be paying for the road maintenance if this road access will be shared. Ms. Osborne added that DSCC 205 is a not-for-profit organization with a small budget and, if Kaitlin Corporation wishes to use the access road, they should be paying for it. . She explained that there is shortage of parking spots and noted that Kaitlin Corporation has maintained ownership of several spots which they will not sell to the current owners of DSCC 205. Ms. Osborne added that the residents may not sell their parking spots to third parties and there are many restrictions with respect to transferring parking spots. She stated that the traffic on Shipway Avenue is an issue and the northeast entrance has significantly Special Planning and Development Committee Minutes June 20, 2017 - 4 - reduced visibility. Ms. Osborne explained to the Committee that the northwest corner of the subject property is subject to access easement as per their condominium agreement. She added that, in the proposal, this area is to be used as an outdoor amenity area. Ms. Osborne answered questions from the Committee. Janice Chilcott, local resident, spoke in opposition to the application. She explained to the Committee that she is concerned with the traffic and speeding on Shipway Avenue. Ms. Chilcott added that it is already extremely difficult to pull out of her driveway. She believes this development will result in increased traffic, speeding and parking issues. Ms. Chilcott asked for a stop sign to be placed at Shipway Avenue and Carveth Crescent. She noted that there is already a great deal of traffic, when leaving the Port of Newcastle, due to the three-way stop on Port of Newcastle Drive. Ms. Chilcott concluded by advising the Committee she believes there is too much development and the traffic needs to be controlled. Dr. Karen Cullen, local resident, spoke in opposition to the application. She noted she is concerned with increased traffic coming in and out of the Port of Newcastle. Dr. Cullen feels the density is too high for the area and noted the subject property is much smaller than it appears to be on the slides. She provided details on issues she has had with Kaitlin Homes including poor window installation and leaks in her home. Dr. Cullen concluded by presenting a petition with 25 signatures in opposition to this application. The petition contained the following request “We, the homeowners of Condominium Corporation DCC 192 at 375, 385 and 395 Lakebreeze Drive, Newcastle, petition the Municipality of Clarington, of the Municipality of the Region of Durham, to decline Kaitlin Corporation’s request to have the property described above zoned for condominium townhomes”. She answered questions from the Committee. John Pierrepont, local resident, spoke in opposition to the application. He explained to the Committee he feels this development is too large for the proposed location and is concerned with the height of the building. Mr. Pierrepont advised the Committee that he learned of this proposal last weekend and noted that Kaitlin Corporation is advertising on their website as if they have received the final approval. He added that the starting price for these townhomes is $600,000 and he feels this is far too much for the size of the homes. Mr. Pierrepoint is concerned with Kaitlin Corporation using the easements to access a road which was paid for by the existing condominium corporation. He feels this will cause increased parking, traffic, and safety issues. Mr. Pierrepont explained to the Committee that, even with all of the negative comments about Kaitlin Corporation, he feels they have developed a beautiful area in the Port of Newcastle. He added that he is concerned with the lack of designated greenspace in the area. Mr. Pierrepont concluded by asking Council to look at the proposal again and consider the comments of the residents. Christina Plourde, Property Manager for Durham Standard Condominium Corporation (DSCC) 228, spoke in opposition to the application. Ms. Plourde advised the Committee that there are daily issues related to construction. She noted DSCC 228 recently took over the management of Building D and the owners have been forced to move into “less Special Planning and Development Committee Minutes June 20, 2017 - 5 - than ideal” conditions. Ms. Plourde added that the list of unfinished items it too large to list. She noted that there are concerns with the easement access affecting DSCC 205. Ms. Plourde believes the roads need to be assessed to determine if they can handle the additional construction traffic. She concluded by stating these issues should be addressed prior to approving additional development. Rosanne Bell, local resident, spoke in opposition to the application. She explained her condo is directly across from the Admiral’s Walk Clubhouse. Ms. Bell noted that Kaitlin Corporation is proposing two additional condominium buildings to be built to the east of the clubhouse. Ms. Bell concluded by stating all of the development will cause increased traffic. Sandra Crabb, local resident, spoke in opposition to the application. She advised the Committee that she was the first person Kaitlin Corporation would not allow to purchase an additional parking space. Ms. Crabb noted she was looking to purchase the space for her daughter. She believes these spaces are being reserved for the new development. Ms. Crabb noted many homes surrounding the subject property are being sold. She is concerned with the increased traffic and speeding in the area. Ms. Crabb concluded by advising the Committee there should be an additional access point on Shipway Avenue. Leah Davis, local resident, spoke in opposition to the application. She stated that the original drawings showed access onto Shipway Avenue. Ms. Davis does not believe this development should have access to their property and roadways. She explained that traffic and speeding are concerns and that this development should have their own roadways. Elena Simington, local resident, spoke in opposition to the application. She stated that Durham Standard Condominium Corporation 205 has an easement on the subject property. Ms. Simington added that anyone will be able to use the proposed outdoor amenity area on the subject property. Dianne Stone, local resident, spoke in opposition to the application. She explained to the Committee that she feels there should be two access points onto Shipway Avenue. Ms. Stone stated that they pay for the maintenance of the roads and sidewalks and this new development should not be permitted to use these roadways. She advised the Committee that sidewalks should be added as the roadway is not wide enough. Ms. Stone continued by explaining that, with the additional construction traffic, the addition of sidewalks would make it safer for those walking in the area. She advised the Committee she is concerned with the dust from the construction. Ms. Stone noted that, if more buildings are being developed east of Shipway Avenue, this will add to the traffic concerns. She is concerned there are no proposed parks and noted that the existing parks are unsafe. Ms. Stone requested that additional parks, gazebos, shops and small restaurants be considered for this area. Ms. Stone explained that she has had numerous construction and maintenance related issues and noted that she pays almost $400.00 per month in maintenance fees. She concluded by asking the members of Council to consider the request of the residents. Special Planning and Development Committee Minutes June 20, 2017 - 6 - Barry Knodel, local resident, spoke in opposition to the application. He explained to the Committee that, when the townhomes to the west were built, they had issues with the placement of the downspouts. Mr. Knodel continued by explaining that this resulted in the condominium owners’ parking spots being flooded. He advised the Committee that Kaitlin Corporation had to place catch basins on the townhouse properties to correct the problem. Mr. Knodel concluded by asking the members of Committee to ensure all plans submitted by Kaitlin Corporation are followed correctly. No one spoke in support of the application. Enzo Bertucci, Director of Land Development, Kaitlin Homes, spoke to the application. He thanked everyone for attending and providing comments to the application. Mr. Bertucci advised the Committee that he is unable to address any of the construction issues as he does not have the information available. He explained that he is able to address concerns with the application. Mr. Bertucci noted that this development was originally approved for 63 units and they are seeking to downsize the zoning. He continued by explaining the current proposal gives the building more of an urban presence. Mr. Bertucci stated that the original plan proposed had an additional access point and they were advised it was not required. He added that, as a result of this advice, they changed the design plan. Mr. Bertucci advised the Committee that this proposal complies with both the Zoning By-law and Official Plan. He added that there is a possibility of changing the design and an opportunity for future commercial development in this area. Mr. Bertucci offered to answer any questions from the Committee. Recess Resolution #PD-122-17 Moved by Mayor Foster, seconded by Councillor Partner That the Committee recess for 10 minutes. Carried Councillor Traill left the meeting at 9:36 PM. The meeting reconvened at 9:49 PM with Councillor Woo in the Chair. 4.4 An application by a group of land owners to amend the Worden East Neighbourhood Design Plan and three applications to subdivide a portion of those lands in Courtice Applicant: Schleiss Development Company, Clifford Curtis, Michael Zygocki and Baseline Properties Limited Report: PSD-045-17 Mitch Morawetz, Planner, made a verbal and electronic presentation to the Committee regarding the application. Special Planning and Development Committee Minutes June 20, 2017 - 7 - Nancy Muzik, local resident, spoke in opposition to the application. She stated that she was concerned about how the natural heritage system will be impacted. Ms. Muzik stated that the subject land is a large wood lot with many species of wildlife. She noted that environmental impact study (EIS) did not include several of the species that exist in the woodlot. Additionally, Ms. Muzik noted that EIS was only done three times (twice in May and once in October), which was not at the appropriate times, in her opinion. She was concerned with all of the wooded areas that will be taken down and does not feel that a 30 foot buffer is enough. Ms. Muzik added that she is also concerned with the impact on the water table. She noted that, when some of the houses on Centrefield Drive were built, the swamp land was drained. Ms. Muzik stated that there are plant species listed in the plan which will not survive. She concluded by stating that she is mainly concerned with the environmental impact and protection of the woodlots. Donna Murray, local resident, spoke in opposition to the application. Ms. Murray stated that she was not happy about the hour at which this matter was being discussed at the meeting. She stated that she agrees with her neighbour regarding the concern for the forested area. Ms. Murray noted that Tooley Road has been surrounded by development, including the 407, and far too many trees have been taken down. She noted that, with the Energy from Waste incinerator in Clarington, the air quality needs to be considered and the trees need to be left to help with air quality. Ms. Murray informed the Committee that they have had major flooding due to the elimination of the trees. She feels there has not been adequate studies completed. Ms. Murray stated that the archeological study included several samples taken from her own property and not the subject property. She added that Tooley Road is part of Courtice’s history and it is different than other communities. Ms. Murray concluded by asking Council to consider the impacts of what will happen when all of the trees are taken down. Ted Oortwyn, local resident, spoke in opposition to the application. Mr. Oortwyn stated that he was in agreement with the previous delegations. He stated that he is concerned with the additional traffic on Centerfield Drive, especially with Tim Hortons, located at the end of Centrefield Drive, which causes additional traffic. Karin Cox, local resident, spoke in opposition to the application. Ms. Cox stated that she is a new resident to the area and knows that development is needed but feels that some natural areas should be kept intact. She expressed concern that the development does not benefit the area residents and that greenspace will be lost. Ms. Cox noted that the design plan has ground water aquifer susceptibility and the water quality will be lowered and the wetland in the area will be negatively impacted. Ms. Cox noted that the Ontario Nature Society states that Ontario has lost 70% of their wetlands due to development. She concluded that she can find no reason to support this development. Roland Saunders, local resident, spoke in opposition to the application, in particular the neighbourhood plan. Mr. Saunders noted that the storm drains will drain to Tooley Road and then the storm water will be directed to a facility. He stated that the drain system is not proportionate to the area and he does not know how a storm water system will be built there. Mr. Saunders believes this will cause major flooding and he does not know Special Planning and Development Committee Minutes June 20, 2017 - 8 - how this will be controlled. He stated that he concerned about this development causing flooding in Farewell Creek. Mr. Saunders concluded by stating that he believes an Environmental study needs to be done. Halina Workman, local resident, spoke in opposition to the application. Ms. Workman stated that she appreciates that the Planning Department has acknowledged that the studies are incomplete but questioned how anyone can say that this development will not impact the natural heritage area. Ms. Workman requested the land be preserved and the greenspace not be compromised. She asked that a special study be completed prior to approval of this application. She stated that she feels that this development should progress after the Adelaide Road extension study is completed. Ms. Workman concluded by stating that she is not opposed to development, but not in this way. Eleanor von Gunten, local resident, spoke in opposition to the application. Ms. Von Gunten stated that the homes on the east side of Tooley Road do not have sump pumps but those on the west side have sump pumps running all the time. She concluded by stating that heritage and nature needs to be preserved for future generations. Kim Joseph, local resident, spoke in opposition to the application. Ms. Joseph stated that she agrees with everything the previous delegations have stated. She added that she is concerned that Springfield Road will now be extended. Scott Mater, local resident, spoke in opposition to the application. Mr. Mater advised that he moved to the area in 2015 and that his family was fine with the previously approved development but they did not realize this would happen. He stated that his road is now is closed for six weeks and expressed concern with the different types of notification for the road closure. Mr. Mater asked for clarification of the blue areas on the map. He noted that he believed that recently the lots in the area had been limited to 17 metres wide and therefore the lots in the subject lands should have the same limitations. Mr. Mater stated that he agreed with the previous delegations. He added that these developments should wait as water is always an issue and the wildlife will be affected. Connie Hamers, local resident, spoke in opposition to the application. Ms. Hamers explained that she had moved to the area last year because it was small bungalows and her home backed onto greenspace. She stated that she was concerned that the new houses will be two storey (affecting her privacy) and her standard of living will go down. Ms. Hamers added that she is concerned that the traffic will increase and she is worried about the wildlife and vegetation in the area. Linda Harles, local resident, spoke in opposition to the application. Ms. Harles informed the Committee that she has lived in the area for 30 years. She added that her family has used the dead end road for recreation and they knew there would be development when they moved in but were told it would be a court with 8-10 homes. Ms. Harles informed the Committee that her family has seen a lot of wildlife over the years. Ms. Harles concluded by stating that traffic will increase and the land needs to be treated properly. Special Planning and Development Committee Minutes June 20, 2017 - 9 - Michael Strahl, local resident, spoke in opposition to the application. Mr. Strahl informed the Committee that he has been a resident of the area for 22 years. He stated that he agrees with the previous delegations. Mr. Strahl added that she is concerned about the impact on the environment and stated that the issues cannot afford to be swept under the rug. He urged the Committee to think about deforestation and the environment. Mr. Stall stated that he is concerned for the wildlife, the trees, and the ecosystem and the impact that this plan would have on them. He requested clarification on how much protection the buffer zone would have under this proposal. In conclusion, Mr. Strahl asked the Committee to consider the inadequate studies as he does not feel enough has been done. Nancy Rodrigues, local resident, spoke in opposition to the application. Ms. Rodrigues stated that she is concerned with the increased traffic both from the new residents as well as the construction equipment, and the impact on school buses due to more children in the area. She noted that there is no room for construction vehicles to be parked. Ms. Rodrigues asked whether sidewalks will be installed and asked for more information about the further development plots. Ms. Rodrigues questioned why traffic from the subdivision is going to exit onto Centrefield Drive and not onto Tooley Road. She concluded by stating that she is concerned that this will increase congestion on Tooley and Nash Roads. Ernie Rainbow, local resident, spoke in opposition to the application. Mr. Rainbow stated that he agreed with the previous delegations including the environmental concerns. Mr. Rainbow asked about the coloured sections on the map and stated that the increased density will have a huge impact on the area. He added that he is concerned about the traffic and the protected land. Neil Verbeek, local resident, spoke in opposition to the application. Mr. Verbeek stated that he agrees with previous delegations about the environmental impact and is concerned that hundreds or even thousands of trees will be removed. Mr. Verbeek added that he is concerned that water table issues and erosion will be problems. He stated that trees provide clean air and oxygen and we are not forward thinking if the deforestation is allowed. No one spoke in support of the application. Bryce Jordan GHD, was present representing the applicants. Mr. Jordan thanked staff for the public meetings at the early stage of development. He added that he looks forward to moving forward in the process. Mr. Jordan informed the Committee that the lands have been subject to development for 40 years and the 15 metre frontage has been in place since the 1980’s. He stated that the services were intended to be used to the lot line but now the sewers are getting closer to the site and this is why these applications have come forward at this time. Mr. Jordan believes more public meetings and PIC’s will be conducted. He concluded by stating that he looks forward to the peer reviews and further public consultation. Special Planning and Development Committee Minutes June 20, 2017 - 10 - Suspend the Rules Resolution #PD-123-17 Moved by Mayor Foster, seconded by Councillor Neal That the Rules of Procedure be suspended. Carried Resolution #PD-124-17 Moved by Mayor Foster, seconded by Councillor Cooke That the meeting be extended until 11:30 PM. Carried 5 Delegations No Delegations Alter the Agenda Resolution #PD-125-17 Moved by Councillor Neal, seconded by Mayor Foster That the Agenda be altered to consider Report PSD-045-17, An application by a group of land owners to amend the Worden East Neighbourhood Design Plan and three applications to subdivide a portion of those lands in Courtice, at this time. Carried 6 Planning Services Department Reports 6.4 An Application by a Group of Land Owners to Amend the Worden East Neighbourhood Design Plan and Three Applications to Subdivide a Portion of Those Lands in Courtice Resolution #PD-126-17 Moved by Councillor Neal, seconded by Councillor Cooke That Report PSD-045-17 be received; That staff consider the public comments received in the further processing of the applications submitted by the group of lands owners to amend the Worden East Neighbourhood Design Plan and for the development of three plans of subdivision S-C-2017-0002, S-C-2017-0003 and S-C-2017-0004; and Special Planning and Development Committee Minutes June 20, 2017 - 11 - That all interested parties listed in Report PSD-045-17 and any delegations be advised of Council's decision. Carried Resolution #PD-127-17 Moved by Councillor Neal, seconded by Councillor Hooper That the remainder of the Reports, be approved, on consent with the exception of Report PSD-044-17, as follows: 6.1 An Application by Kaitlin Homes Limited to Amend the Zoning By-law to Permit the Extension of a Temporary Use Zoning By-law to Facilitate a Temporary Homes Sales Pavilion at 3 Martin Road, Bowmanville That Report PSD-042-17 be received; That the proposed application for Rezoning ZBA2017-0013 by Kaitlin Homes Limited be approved and the By-law contained in Attachment 1 to Report PSD-042-17, be adopted; That the Region of Durham Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-042-17 and Council’s decision; and That all interested parties listed in Report PSD-042-17 and any delegations be advised of Council’s decision. 6.2 An Application by Simon Gill and Janet Taylor Gill to Permit Agri- Tourism Uses on their Farm Property Including Special Events and a Nano-Cidery That Report PSD-043-17 be received; That staff consider the public comments received in the further processing of the Clarington Official Plan and Zoning By-law Amendment applications submitted by Simon Gill and Janet Taylor Gill to permit agri-tourism uses on their farm property; and That all interested parties listed in Report PSD-043-17 and any delegations be advised of Council’s decision. 6.5 Process Enhancement Project Progress Update That Report PSD-046-17 be received for information. Carried Clarington Special Planning and Development Committee Minutes June 20, 2017 6.2 An Application by Newcastle Marina Villa Ltd. (Kaitlin Corporation) To Permit 27 Townhouse Condominium Units in the Port of Newcastle Resolution #PD -128-17 Moved by Mayor Foster, seconded by Councillor Hooper That Report PSD -044-17 be received; That staff consider the public comments received in the further processing of the proposed application for rezoning ZBA 2017-0005 submitted by Newcastle Marina Villa Ltd; and That all interested parties listed in Report PSD -044-17 and any delegations be advised of Council's decision. Carried 7 Adjournment Resolution #PD -129-17 Moved by Councillor Partner, seconded by Councillor Neal That the meeting adjo rn at 11.29 PM. Carried �. -"� /Zj�t-� 4 Chair -12- J Municipal Clerk