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HomeMy WebLinkAbout2018-06-04 MinutesPlanning and Development Committee Minutes June 4, 2018 - 1 - If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Minutes of a meeting of the Planning and Development Committee held on Monday, June 4, 2018 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 and Councillor C. Traill Regrets: Councillor W. Woo Staff Present: A. Allison, D. Crome, F. Langmaid, R. Maciver, K Richardson, C. Salazar, C. Pellarin, J. Gallagher and S. Gray 1 Call to Order Councillor Neal called the meeting to order at 7:00 PM. 2 New Business – Introduction There were no new business items added to the Agenda. 3 Adopt the Agenda Resolution #PD-106-18 Moved by Councillor Partner, seconded by Councillor Hooper That the Agenda for the Planning and Development Committee meeting of June 4, 2018 be adopted with the addition of the following: • Delegation of Greg Smith • Delegation of Sue Wingate • Delegation of Pearl Rickard • Delegation of Margaret Maskell • Communications Item 10.4 - Bryce Jordan, Planning Manager, GHD, Regarding Report PSD-052-18 Update on Secondary Plan Studies • Communication Item 10.5 - Mustafa Ghassan, Delta Urban Inc. Regarding Report PSD-052-18 Update on Secondary Plan Studies • Communication Item 10.6 - Mustafa Ghassan, Delta Urban Inc. Regarding Report PSD-052-18 Update on Secondary Plan Studies Carried 4 Declarations of Interest There were no disclosures of interest stated at this meeting. Planning and Development Committee Minutes June 4, 2018 - 2 - 5 Announcements Members of Committee announced upcoming community events and matters of community interest. The Director of Planning introduced the new GIS Technician, Cody Brown. 6 Adoption of Minutes of Previous Meeting Resolution #PD-107-18 Moved by Councillor Traill, seconded by Mayor Foster That the minutes of the regular meeting of the Planning and Development Committee, held on May 14, 2018, be approved. Carried 7 Public Meetings 7.1 Application for a Proposed Draft Plan of Condominium Applicant: Holland Homes Inc. Report: PSD-044-18 Location: 35 Hanning Court, Bowmanville Amanda Tapp, Planner II, made a verbal and electronic presentation to the Committee regarding the application. Julie Knowlten, local resident, spoke in opposition to the application. Ms. Knowlten stated that she was informed that the entry to the proposed development would be off of Concession 3, not through Hanning Court. She advised the Committee that it is a dead end court and children play in the court. Ms. Knowlten is concerned about the high volume of traffic and parking on the court with the development and access through the court. No one spoke in support of the application and the applicant was not present. 7.2 Application for a Proposed Zoning By-law Amendment Applicant: IBIS Foods Inc. Report: PSD-045-18 Location: Northeast corner of Green Road and Prince William Boulevard in Bowmanville In the interest of expediency, Councillor Neal asked whether there was anyone present to speak in opposition to or in support of the application. Planning and Development Committee Minutes June 4, 2018 - 3 - No one was present to speak in opposition to or in support of the application. As a result, the Planner did not make a presentation. 7.3 Application for a Proposed Zoning By-law Amendment Applicant: Akero Developments Inc. Report: PSD-046-18 Location: North of Concession Road 3, on the east side of Middle Road, in the Northglen Neighbourhood of Bowmanville Cynthia Strike, Principal Planner, made a verbal and electronic presentation to the Committee regarding the application. McKenzie Korte, local resident, spoke in opposition to the application. Mr. Korte advised the Committee why the developer is seeking approval for three car garage homes when they have approvals for a Zoning By-law Amendment. He asked the Committee if these proposed three car garage homes will result in an adjustment to the tax structure. Mr. Korte is concerned that these proposed homes will become rental income properties. He would like to know what the reasoning is behind the developer’s decision to change pre- existing approvals. No one spoke in support of the application, and the applicant was not present. 8 Delegations 8.1 Beth Kelly, Halloway Developments Limited, Regarding PSD-050-18, Regarding Implementation of the Courtice Main Street Secondary Plan Beth Kelly, Halloway Developments Limited, was present regarding Report PSD-050-18, regarding Implementation of the Courtice Main Street Secondary Plan. Ms. Kelly explained that she supports the progress of the by-law. 8.2 Gord Robinson, Durham York Victoria Land Owners Association, Regarding Development Charges Gord Robinson, Chair, Durham York Victoria Land Owners Association, was present requesting relief from development charges. Mr. Robinson explained that the Durham York Victoria Land Owners Association is working with a local developer to bring affordable senior housing to the Clarington area. He stated that they have also been working with municipal staff to find an appropriate location for the development. Mr. Robinson explained that he is seeking relief from the development charge, so that the project is doable in Clarington. He advised the Committee that affordable housing refers to housing units that are deemed to be affordable for those with a median household income or below. Mr. Robinson explained that affordable housing, according to Canada Mortgage and Housing Corporation, occurs when a household spends less than 30% of its pre-tax income on housing. He noted that housing is the most costly expense for Planning and Development Committee Minutes June 4, 2018 - 4 - seniors. He concluded by encouraging the Committee to waive the Development Charges for the project and not refer the matter back to staff. Resolution #PD-108-18 Moved by Councillor Cooke, seconded by Councillor Hooper That the delegation of Gord Robinson, Durham York Victoria Land Owners Association, regarding Development Charges, be received with thanks; and That Council grant relief of the Development Charges for the proposed project. Referred Resolution #PD-109-18 Moved by Councillor Partner, seconded by Councillor Traill That resolution #PD-108-18, regarding the request from the Durham York Victoria Land Owners Association, regarding Development Charges be referred to staff to provide input to the General Government Committee meeting on June 18, 2018, regarding relief of Development Charges. Carried 8.3 Valerie Cranmer, Valerie Cranmer & Associates Inc., Reagrding Report PSD-050-18, Implementation of the Courtice Main Street Secondary Plan - Zoning By-law Valerie Cranmer, Valerie Cranmer & Associates Inc., was present regarding Report PSD-050-18, Implementation of the Courtice Main Street Secondary Plan - Zoning By-law. Ms. Cranmer advised the Committee that the subject site is within the Courtice Urban Centre, and is proposed to be zoned urban centre mixed use exception. She noted that this zoning will allow the construction of a mixed use building with a minimum height of four storeys and a maximum of six storeys. Ms. Cranmer explained that, over the past year, she has been working with staff to address a number of concerns regarding the proposed development, which includes the access, the Regional Road widening, urban design features. She advised the Committee that the owner of the subject property is pleased to see the zoning come forward at this time. Ms. Cranmer concluded by stating she is support of the proposed zoning by-law. 8.4 Bryce Jordan, Planning Manager, GHD, Regarding Report PSD-050-18, Implementation of the Courtice Main Street Secondary Plan - Zoning By-law Bryce Jordan, Planning Manager, GHD, was present regarding Report PSD-050-18, Implementation of the Courtice Main Street Secondary Plan - Zoning By-law. Mr. Jordan stated that there has been long standing discussions regarding the zoning. He stated that is a progressive for the Municipality of Clarington to pre-zone these lands for development. Mr. Jordan noted that a letter was sent from Goldmanco’s solicitor to the Planning and Development Committee Minutes June 4, 2018 - 5 - Municipal Clerk. He explained that they are on the same page regarding the development, and that there were some concerns about specific things in the by-law, but they are not asking to withhold approving the zoning by-law. Mr. Jordan advised the Committee that there were some amendments proposed to the by-law and he is convinced that they can bring forward a development. He concluded by encouraging the Committee to move forward with the recommendation contained in Report PSD-050-18. 8.5 Greg Smith, Regarding Confidential Report LGL-003-18, Proposed Settlement of OMB Appeals by Tornat Newcastle Limited Greg Smith, local resident, was present regarding Confidential Report LGL-003-18, Proposed Settlement of OMB Appeals by Tornat Newcastle Limited. Mr. Smith noted that the residents of Newcastle have come to Council on several occasions over the last year to request that this development not move forward. He added that, although the Places to Grow Act promotes growth and intensification, it is only where deemed appropriate. Mr. Smith noted that section 2.1 of the Clarington Official Plan states that it is Clarington’s vision to create a place where the built environment emphasizes high quality design. He also mentioned that section 2.2.2 of the Official Plan discusses healthy communities which includes public involvement. Mr. Smith stated that the developer for this proposed development is not willing to work with the residents. He explained that, as per section 4.2.6 of the Official Plan, it is Clarington’s job to minimize conflicts between land uses. Mr. Smith referred to Table 4-2, “Durham Region Long Term Targets” within the Official Plan. He stated that the minimum units per gross hectare is 30 and, although there is no maximum, the proposed development will be 108 units per gross hectare which he believes is not appropriate for this location. Mr. Smith read an excerpt from section 5.1.1 of the Official Plan. Mr. Smith asked the Committee to think of the existing residents when making their decision. He also outlined section 5.4.3 of the Official Plan, “Development in Centres, Corridors and Priority Intensification Areas”. Mr. Smith advised the Committee that he wants the scale of the proposed buildings to be lowered. He concluded by referencing sections 9.4.6, 10.6.2 and 10.6.3 of the Official Plan. Mr. Smith answered questions from the members of Council. 8.6 Sue Wingate, Regarding Confidential Report LGL-003-18, Proposed Settlement of OMB Appeals by Tornat Newcastle Limited Sue Wingate, local resident, was present regarding Confidential Report LGL-003-18, Proposed Settlement of OMB Appeals by Tornat Newcastle Limited. Ms. Wingate explained that she was present at every meeting regarding this matter and has presented the same arguments. She provided the Committee with background information regarding past meetings. Ms. Wingate explained that there are currently 18 empty retail spaces in Newcastle, and the proposed development will only add to more empty downtown retail space. She noted that she has reached out to the developer multiple times and has not heard back regarding her concerns. Ms. Wingate advised the Committee that they denied the application in the past and that they should remember the past meetings. Planning and Development Committee Minutes June 4, 2018 - 6 - 8.7 Pearl Rickard, Regarding Confidential Report LGL-003-18, Proposed Settlement of OMB Appeals by Tornat Newcastle Limited Pearl Rickard, local resident, was present regarding Confidential Report LGL-003-18, Proposed Settlement of OMB Appeals by Tornat Newcastle Limited. Ms. Rickard stated that she is concerned that there will be too much density in a small area. She believes that the proposed development is not environment friendly, it will increase traffic in the area, there is no need for additional commercial space, and there are too many existing vacant stores in Newcastle. Ms. Rickard expressed that the design of the buildings do not blend with the architecture of Newcastle. She advised the Committee to remember they are making the decision, not Queen’s Park. 8.8 Margaret Maskell, Regarding Confidential Report LGL-003-18, Proposed Settlement of OMB Appeals by Tornat Newcastle Limited Margaret Maskell, local resident, was present regarding Confidential Report LGL-003-18, Proposed Settlement of OMB Appeals by Tornat Newcastle Limited. Ms. Maskell noted that she has lived in the area for 49 years. She stated that she would like to know why the proposed settlement is happening behind closed doors. Ms. Maskell mentioned that the Official Plan stated that there was going to be linked and single family dwellings and she noted that the subject property is still zoned for same. She advised the Committee that the developer has not compromised and that the Committee already voted against it. Ms. Maskell referred to an Ontario Municipal Board (OMB) hearing in approximately 1985 where a high density development was denied by the OMB for being too close to Highway 2 in Newcastle. She stated that Newcastle does not need a six-storey condo building. Ms. Maskell explained that she purchased her home for the location and further that Highway 2 cannot handle the increased traffic. Ms. Maskell answered questions from Members of Committee. Rob Maciver explained why the Confidential Report LGL-003-18, Proposed Settlement of OMB Appeals by Tornat Newcastle Limited is not a public document at this time. 9 Communications - Receive for Information There are no Communications to be received for information. Planning and Development Committee Minutes June 4, 2018 - 7 - 10 Communications – Direction Resolution #PD-110-18 Moved by Mayor Foster, seconded by Councillor Hooper That Communication Items 10.1 and 10.2, be approved on consent. Carried 10.1 Steven Zakem, Aird & Berlis LLP, Regarding Report PSD-050-18, Implementation of the Courtice Main Street Secondary Plan - Zoning By- law That Communication 10.1, from Steven Zakem, Aird & Berlis LLP, Regarding Report PSD-050-18, be referred to the Director of Planning Services to be considered as part of the application review process 10.2 Bryce Jordan, Planning Manager, GHD, Regarding Report PSD-050- 18, Implementation of the Courtice Main Street Secondary Plan - Zoning By-law That Communication Item 10.2, from Bryce Jordan, GHD, Regarding Report PSD-050-18, be referred to the Director of Planning Services to be considered as part of the application review process. 10.3 Alan Hirschfield, President, High Street Courtice Inc., Regarding Confidential Report PSD-053-18, Sale of Surplus Property to High Street Courtice Incorporated Resolution #PD-111-18 Moved by Mayor Foster, seconded by Councillor Cooke That Communication Item 10.3, from Alan Hirschfield, President, High Street Courtice Inc., Regarding Confidential Report PSD-053-18, Sale of Surplus Property to High Street Courtice Incorporated, be received for information. Carried Planning and Development Committee Minutes June 4, 2018 - 8 - Resolution #PD-112-18 Moved by Councillor Cooke, seconded by Mayor Foster That Communication Items 10.4. 10.5 and 10.6, be approved on consent. Carried 10.4 Bryce Jordan, Planning Manager, GHD, Regarding Report PSD-052-18 Update on Secondary Plan Studies That Communication Item 10.4, from Bryce Jordan, GHD, Regarding Report PSD-052-18, Update on Secondary Plan Studies, be referred to the Director of Planning Services to be considered as part of the application review process. 10.5 Mustafa Ghassan, Delta Urban Inc. Regarding Report PSD-052-18 Update on Secondary Plan Studies That Communications Item 10.5, from Mustafa Ghassan, Delta Urban Inc., Regarding Report PSD-052-18, Update on Secondary Plan Studies, be referred to the Director of Planning Services to be considered as part of the application review process. 10.6 Mustafa Ghassan, Delta Urban Inc. Regarding Report PSD-052-18 Update on Secondary Plan Studies That Communications Item 10.6, from Mustafa Ghassan, Delta Urban Inc., Regarding Report PSD-052-18, Update on Secondary Plan Studies, be referred to the Director of Planning Services to be considered as part of the application review process. 11 Presentation(s) 11.1 Steve Usher, SLR Consulting, Regarding Report PSD-049-18, Clarington Transformer Station Peer Review, Update Steve Usher, Senior Hydrogeologist, SLR Consulting, was present regarding Report PSD-050-18, Clarington Transformer Station Peer Review. Mr. Usher provided an update on the Clarington Transformer Station. He summarized the annual report as included in Report PSD-049-18 as Attachment 1. Mr. Usher provided an overview of the deep well logistics, tritium sampling and liaising with residents regarding well complaints. He explained that the required program mandated by the Ministry of the Environment and Climate Change has been followed. He stated that the results showed no surprises and that the water quality is consistent with previous years and the water level in the ground has not changed significantly. Mr. Usher explained that the dry conditions, that triggered well complaints in 2016, subsided with a very wet 2017 and no new requests for assistance from SLR, were received. He noted that Hydro One has been monitoring the drainage blanket, although it is not required. Mr. Usher stated that the tritium testing, Planning and Development Committee Minutes June 4, 2018 - 9 - done by Dr. Gerber on the groundwater taken from the Newmarket Till aquitard in the well cluster on site, showed no significant tritium at depth. Mr. Usher answered questions from the Committee. 12 Planning Services Department Reports 12.1 PSD-044-18 An Application by Holland Homes Inc. to Create a Common Elements Plan of Condominium at 35 Hanning Court, Bowmanville Resolution #PD-113-18 Moved by Mayor Foster, seconded by Councillor Cooke That Report PSD-044-18 be received; That the Draft Plan of Condominium application, submitted by Holland Homes Inc., be supported subject to the conditions substantially as contained in Attachment 1 of Report PSD-044-18; That the Durham Region Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-044-18 and Council’s decision; and That all interested parties listed in Report PSD-044-18 and any delegations be advised of Council’s decision. Carried 12.2 PSD-045-18 An application by IBIS Foods Inc. to amend the Zoning By-law to allow a drive-through, accessory to a proposed Tim Hortons Resolution #PD-114-18 Moved by Councillor Traill, seconded by Councillor Partner That Report PSD-045-18 be received; That the proposed Zoning By-law Amendment application ZBA2018-0013, submitted by IBIS Foods Inc., to permit a drive-through accessory to a Tim Hortons, be approved; That the Zoning By-law Amendment be referred to the Council meeting of June 11, 2018 for adoption; and That all interested parties listed in Report PSD-045-18 and any delegations be advised of Council’s decision. Motion Lost Planning and Development Committee Minutes June 4, 2018 - 10 - Resolution #PD-115-18 Moved by Mayor Foster, seconded by Councillor Hooper That Report PSD-045-18 be received; That staff consider the public comments received in the further processing of the Zoning By-law Amendment application ZBA2018-0013, submitted by IBIS Foods Inc., to permit a drive-through accessory to a Tim Hortons; That all interested parties listed in Report PSD-045-18 and any delegations be advised of Council’s decision. Carried Recess Resolution #PD-116-18 Moved by Councillor Partner, seconded by Councillor Traill That the Committee recess for 5 minutes. Carried The meeting reconvened at 8:56 PM with Councillor Neal in the Chair. 12.3 PSD-046-18 An application by Akero Developments Inc. to amend the Zoning By-law to permit dwellings with three car garages on lots with 18 metres of frontage within Draft Approved Plan of Subdivision S-C 2007-0005 in the Northglen Neighbourhood, Bowmanville Resolution #PD-117-18 Moved by Councillor Partner, seconded by Councillor Hooper That Report PSD-046-18 be received; That the proposed application for rezoning ZBA 2017-0024, submitted by Akero Developments, be approved, and that the Zoning By-law, contained in Attachment 1 of Report PSD-046-18, be adopted; and That all interested parties listed in Report PSD-046-18 and any delegations be advised of Council’s decision. Carried Planning and Development Committee Minutes June 4, 2018 - 11 - 12.4 PSD-047-18 An Application by Averton Group to rezone lands to permit a 40 townhouse units in a common elements condominium at the northwest corner of Mearns Avenue and Elephant Hill Drive, Bowmanville Resolution #PD-118-18 Moved by Councillor Traill, seconded by Councillor Partner That Report PSD-047-18 be received; That the application to amend the Zoning By-law, submitted by Averton Group, be approved and that the Zoning By-law, contained in Attachment 1 to Report PSD-047-18, be passed; That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-047-18 and Council’s decision; and That all interested parties listed in Report PSD-047-18 and any delegations be advised of Council’s decision. Carried 12.5 PSD-048-18 An Application by 2533937 Ontario Inc. to rezone the lands at 2005 Green Road to permit the development of a two-storey commercial building, and a multi–storey, mixed use building Resolution #PD-119-18 Moved by Councillor Hooper, seconded by Mayor Foster That Report PSD-048-18 be received; That the application to amend the Zoning By-law 84-63 by 2533937 Ontario Inc. be approved and that the Zoning By-law, as contained in Attachment 1 to Report PSD-048- 18, be passed; That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-048-18 and Council’s decision; and That all interested parties listed in Report PSD-048-18 and any delegations be advised of Council’s decision. Carried Planning and Development Committee Minutes June 4, 2018 - 12 - 12.6 PSD-049-18 Clarington Transformer Station Peer Review, Update Resolution #PD-120-18 Moved by Councillor Cooke, seconded by Councillor Partner That Report PSD-049-18 be received; and That all interested parties listed in Report PSD-049-18 and any delegations be advised of Council’s decision. Carried 12.7 PSD-050-18 Implementation of the Courtice Main Street Secondary Plan - Zoning By-law Resolution #PD-121-18 Moved by Mayor Foster, seconded by Councillor Cooke That Report PSD-050-18 be received; That a special exception (MU3-2) be added for 1728589 Ontario Inc. (Goldmanco) as per the memo from the Director of Planning Services dated June 4, 2018; That the Zoning By-law Amendment, as contained in Attachment 4 to Report PSD-050-18, be modified to include Special Exception 16.A.7.4 and be passed; That, notwithstanding Section 45(1.3) of the Planning Act, Council permits the submission of minor variance applications to the Committee of Adjustment, as required; That, once all conditions contained in the By-law with respect to the removal of the (H) Holding Symbol for each site are satisfied, the By-law authorizing the removal of the (H) Holding Symbol be approved; That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-050-18 and Council's decision; and That all interested parties listed in Report PSD-050-18 and any delegations be advised of Council's decision. Carried Planning and Development Committee Minutes June 4, 2018 - 13 - 12.8 PSD-051-18 Amendment of Heritage Designating By-law - The Belmont House Resolution #PD-122-18 Moved by Councillor Hooper, seconded by Councillor Partner That Report PSD-051-18 be received; That the recommendation of the Clarington Heritage Committee, to amend the designating by-law of The Belmont House at 302 Given Road, Newcastle, under Part IV of the Ontario Heritage Act, continue to be processed; That the Clerk prepare the required notice to amend the designation pursuant to Section 30.1 (2) of the Ontario Heritage Act; That, depending on the response to the notice to amend the designation, the Clerk either prepare the necessary by-law or report back to Council regarding objection(s) received; and That all interested parties listed in Report PSD-051-18 and any delegations be advised of Council's decision. Carried 12.9 PSD-052-18 Update on Secondary Plan Studies Resolution #PD-123-18 Moved by Mayor Foster, seconded by Councillor Cooke That Report PSD-052-18 be received; That the Director of Planning be authorized to initiate secondary planning studies and to execute funding agreements from landowners groups for the updates of the South West Courtice and Brookhill Secondary Plans; and That the Director of Planning be authorized to execute a funding agreement to facilitate the advancement of the Courtice Employment Area Secondary Plan, as outlined in Report PSD-052-18. Carried 13 New Business – Consideration There were no New Business Item to be considered under this Section of the Agenda. Planning and Development Committee Minutes June 4, 2018 - 14 - 14 Unfinished Business 15 Confidential Reports 15.1 PSD-053-18 Sale of Surplus Property to High Street Courtice Incorporated Resolution #PD-124-18 Moved by Mayor Foster, seconded by Councillor Partner That the recommendations, contained in Confidential Report PSD-053-18 Sale of Surplus Property to High Street Courtice Incorporated, be approved. Carried 15.2 LGL-003-18 Proposed Settlement of OMB Appeals by Tornat Newcastle Limited Closed Session Resolution #PD-125-18 Moved by Mayor Foster, seconded by Councillor Partner That, in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing a matter that deals with: • litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; and • advice that is subject to solicitor-client privilege, including communications necessary for that purpose; Carried Rise and Report The meeting resumed in open session at 10:01 PM with Councillor Neal in the Chair. Councillor Neal advised that one item was discussed in “closed” session in accordance with Section 239(2) of the Municipal Act, 2001 and one resolution was passed to provide direction to staff. 16 Adjournment Resolution #PD -126-18 Planning and Development Committee Minutes June 4, 2018 Moved by Councillor Partner, seconded by Councillor Traill That the meeting adjourn at 10:10 PM. Motion Lost Resolution #PD -127-18 Moved by Councillor Hooper, seconded by Councillor Cooke That the meeting adjourn at 10:10 PM. Chair Carried -15- ..............