HomeMy WebLinkAbout03/11/19Final
rinC114gton
Planning and Development
Committee
Agenda
Date: March 11, 2019
Time: 7:00 PM
Place: Council Chambers, 2nd Floor
Municipal Administrative Centre
40 Temperance Street
Bowmanville, Ontario
Inquiries & Accommodations: For inquiries about this agenda, or to
make arrangements for accessibility accommodations for persons attending, please
contact: Samantha Gray, Committee Coordinator, at 905-623-3379, ext. 2106 or by
email at sgray(a.clarington.net.
Alternate Format: If this information is required in an alternate format, please contact
the Accessibility Coordinator, at 905-623-3379 ext. 2131.
Audio Record: The Municipality of Clarington makes an audio record of General
Government Committee meetings. If you make a delegation or presentation at a
General Government Committee meeting, the Municipality will be audio recording you
and will make the recording public by publishing the recording on the Municipality's
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Cell Phones: Please ensure all cell phones, mobile and other electronic devices are
turned off or placed on non -audible mode during the meeting.
Copies of Reports are available at www.clarington.net
CIarifl#oII Planning and Development Committee Agenda
Date: March 11, 2019
Time: 7:00 PM
Place: Council Chambers
1 Call to Order
2 New Business — Introduction
Members of Committee are encouraged to provide the Clerk's Department, in advance of the
meeting, a copy of any motion the Member is intending to introduce, (preferably electronic)
such that staff could have sufficient time to share the motion with all Members prior to the
meeting.
3 Adopt the Agenda
4 Declaration of Interest
5 Announcements
6 Adoption of Minutes of Previous Meeting
6.1 February 19 Minutes of a Regular Meeting of February 19, 2019 Page 5
Minutes
7 Public Meetings
7.1 Public Meeting Application for a Proposed Zoning By-law Amendment Page 12
Applicant: Aspen Gardens Bowmanville Ltd. (Kaitlin)
Report: PSD -016-19
Location: 2346 Baseline Road, Bowmanville at the
northwest corner of Baseline Road and
Green Road
8 Delegations
8.1 Brenda Metcalf, Chair, Agricultural Advisory Committee of Clarington, Regarding an
Annual Update
Page 2
CIarifl#oII Planning and Development Committee Agenda
Date: March 11, 2019
Time: 7:00 PM
Place: Council Chambers
9 Communications - Receive for Information
9.1 St. Mary's Minutes of the St. Mary's Cement Community Relations Page 14
Cement Committee dated September 11, 2018
Minutes
10 Communications— Direction
10.1 Barry Barry Bolahood— Request for an Amendment to the Interim Page 24
Bolahood Control By -Law 2018-083
(Motion as detailed in attached Memo from
Planning Services, to Permit an Amendment to the
Interim Control By -Law 2018-083)
10.2 Memo from Carlo Pellarin, Manager of Development Review,
Carlo Pellarin Regarding Regional Waste Pick-up for Residential
Development with Private Roads
(Motion as detail in Memo from Planning Services,
Regarding Regional Waste Pick-up for Residential
Development with Private Roads)
11 Presentations
No Presentations
12 Planning Services Department Reports
12.1 PSD -016-19 Applications by Aspen Gardens Ltd. (Kaitlin) for a Draft Page 28
Plan of Subdivision and Zoning By-law amendment to
permit a 136 -unit residential subdivision at the northwest
corner of Baseline Road and Green Road, Bowmanville
12.2 PSD -017-19 Cannabis Retail Stores Siting Policy Page 37
Page 3
GariU00II Planning and Development Committee Agenda
Date: March 11, 2019
Time: 7:00 PM
Place: Council Chambers
13 New Business — Consideration
14 Unfinished Business
None
15 Confidential Reports
No Reports
16 Adjournment
Page 4
Clarftwn Planning and Development Committee
Minutes
February 19, 2019
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 Tuesday,
February 19, 2019 at 7:00 PM in the Council Chambers.
Present Were: Mayor A. Foster, Councillor G. Anderson, Councillor R. Hooper,
Councillor J. Jones, Councillor J. Neal, and Councillor C. Traill
Regrets: Councillor M. Zwart
Staff Present: A. Allison, F. Langmaid, M. Seamen, K. Richardson, C. Salazar,
J. Gallagher, S. Gray
1 Call to Order
Councillor Neal called the meeting to order at 7:03 PM.
2 New Business — Introduction
There were no new business items added to the Agenda.
Alter the Agenda
Resolution #PD -013-19
Moved by Mayor Foster, seconded by Councillor Jones
That the agenda be altered to consider the presentation from Peter Vogel, Vice Chair,
Clarington Heritage Committee and Katharine Warren, Chair of the Education and
Outreach Sub -Committee of the Heritage Committee, Honouring Three Heritage
Properties in Clarington, after the Adoption of Minutes of Previous Meeting section of the
Agenda.
Carried
3 Adopt the Agenda
Resolution #PD -014-19
Moved by Councillor Anderson, seconded by Mayor Foster
That the Agenda for the Planning and Development Committee meeting of February 19,
2019 be adopted as presented.
Carried
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5
Clarftwn Planning and Development Committee
Minutes
February 19, 2019
4 Declarations of Interest
There were no disclosures of interest stated at this meeting.
5 Announcements
Members of Committee announced upcoming community events and matters of
community interest.
6 Adoption of Minutes of Previous Meeting
Resolution #PD -015-19
Moved by Councillor Hooper, seconded by Mayor Foster
That the minutes of the regular meeting of the Planning and Development Committee,
held on January 28, 2019, be approved.
Carried
11.1 Peter Vogel, Vice Chair, Clarington Heritage Committee and Katharine
Warren, Chair of the Education and Outreach Sub -Committee of the Heritage
Committee, Honouring Three Heritage Properties in Clarington
Peter Vogel and Katherine Warren were present, honouring three heritage properties in
Clarington. Mr. Vogel provided the Committee with an overview of the heritage property
located at 156 Church Street, Bowmanville. He highlighted the properties architectural
and historical values. Ms. Warren provided an overview of the heritage property located
at 2020 Lambs Road, Bowmanville. She highlighted the properties architectural and
historical values. Mr. Vogel provided the Committee with an overview of the heritage
property located at 348 King Avenue East, Newcastle. He highlighted the properties
architectural and historical values. The owners of 156 Church Streete and 348 King
Avenue East were presented with a certificate honouring their heritage designation. The
owners of 2020 Lambs Road were unable to attend the meeting.
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A•
Cladwwn Planning and Development Committee
Minutes
February 19, 2019
7 Public Meetings
7.1 Application for a Proposed Zoning By-law Amendment
Applicant: 2411 Baseline Limited
Report: PSD -011-19
Location: 2411 & 2415 Baseline Road, Bowmanville
Ruth Porras, Senior Planner / Urban Designer, made a verbal and electronic
presentation to the Committee regarding the application.
Michael Fry, Senior Planner, D.G. Biddle and Associates and Drew Hansen, Building
Designer were present on behalf of the applicant. Mr. Fry advised the Committee that
they will be looking to increase the number of parking spaces proposed in Report
PSD -011-19 in the next version of the application. He mentioned that they are also in
the process of a parking study and will continue discussions with municipal staff
regarding the proposed entrance to the site.
Mr. Hansen advised the Committee of the various environmentally friendly design
elements proposed for the site. He explained that the development will be equipped with
roof top solar panels, a solar wall for heating and air conditioning, and two locations for
3-6 charging stations for electric vehicles. Mr. Hansen noted that they will be using best
practices to achieve a green building.
8 Delegations
8.1 Brenda Metcalf, Chair of the Agricultural Advisory Committee, Regarding
the Agricultural Advisory Committee - 2018 Accomplishments
Ms. Metcalf advised the Municipal Clerk's Department, prior to the meeting, that she
would be unable to attend as a delegation.
8.2 Michael Domovitch, President, 1977057 Ontario Limited, Regarding Report
PSD -013-19, Extension of Draft Approval by 1977057 Ontario Limited in
Brookhill Neighbourhood in Bowmanville
Michael Domovitch, President, 1977057 Ontario Limited, was present regarding Report
PSD -013-19, Extension of Draft Approval by 1977057 Ontario Limited in Brookhill
Neighbourhood in Bowmanville. Mr. Domovitch advised the Committee that he was
present to answer questions.
9 Communications - Receive for Information
There are no Communications to be received for information.
-3-
7
Clarftwn Planning and Development Committee
Minutes
February 19, 2019
10 Communications— Direction
10.1 Ralph Walton, Regional Clerk/Director of Legislative Services, The Regional
Municipality of Durham, Regarding Providing Consultation on Increasing
Housing Supply in Ontario, Report 2019 -COW -1
Resolution #PD -016-19
Moved by Mayor Foster, seconded by Councillor Hooper
That Communication Item 10.1 from Ralph Walton, Regional Clerk/Director of Legislative
Services, The Regional Municipality of Durham, regarding Providing Consultation on
Increasing Housing Supply in Ontario, Report 2019 -COW -1, be received for information.
Carried
11 Presentation(s)
11.1 Peter Vogel, Vice Chair, Clarington Heritage Committee and Katharine
Warren, Chair of the Education and Outreach Sub -Committee of the Heritage
Committee, Honouring Three Heritage Properties in Clarington
The Presentation from Peter Vogel, Vice Chair, Clarington Heritage Committee and
Katharine Warren, Chair of the Education and Outreach Sub -Committee of the Heritage
Committee, Honouring Three Heritage Properties in Clarington was considered earlier in
the meeting.
12 Planning Services Department Reports
12.1 PSD -011-19 An application by 2411 Baseline Limited to amend the Zoning
By-law to permit the development of a commercial property for a variety of
uses
Resolution #PD -017-19
Moved by Councillor Hooper, seconded by Councillor Jones
That Report PSD -011-19 be received;
That the proposed application for Zoning By-law Amendment ZBA 2018-0029 continue to
be processed including the preparation of a subsequent recommendation report;
That staff consider the public comments received in the further processing of the Zoning
By-law Amendment application submitted by 2411 Baseline Limited to permit the
commercial development; and
93
Clarftwn Planning and Development Committee
Minutes
February 19, 2019
That all interested parties listed in Report PSD -011-19 and any delegations be advised
of Council's decision by the Department.
Carried
12.2 PSD -012-19 An Application by Gerald Sherk Removal of Holding — 2406
Prestonvale Road, Courtice
Resolution #PD -018-19
Moved by Mayor Foster, seconded by Councillor Anderson
That Report PSD -012-19 be received;
That the application submitted by Gerald Sherk to remove the Holding (H) symbol be
approved, and that the by-law contained in Attachment 1 to Report PSD -012-19, to
remove the (H) Holding Symbol, be passed;
That Council's decision and a copy of Report PSD -012-19 be forwarded to the Region of
Durham and the Municipal Property Assessment Corporation; and
That all interested parties listed in Report PSD -012-19 and any delegations be advised
of Council's decision.
Carried
12.3 PSD -013-19 Extension to Draft Approval by 1977057 Ontario Limited in
Brookhill Neighbourhood in Bowmanville
Resolution #PD -019-19
Moved by Councillor Hooper, seconded by Councillor Jones
That Report PSD -013-19 be received;
That the extension to Draft Approval for S -C-2011-0002 be supported subject to the
Conditions as contained in Attachment 1 to Report PSD -013-19;
That the Durham Regional Planning and Economic Development Department and
Municipal Property Assessment Corporation be forwarded a copy of Report PSD -013-19
and Council's decision; and
That all interested parties listed in Report PSD -013-19 and any delegations be advised
of Council's decision.
Carried
-5-
9
Clarftwn Planning and Development Committee
Minutes
February 19, 2019
12.4 PSD -014-19 Extension to Draft approval for Lindvest Properties (Clarington)
Inc. in Newcastle
Resolution #PD -020-19
Moved by Councillor Jones, seconded by Mayor Foster
That Report PSD -014-19 be received;
That the extension to Draft Approval for 18T-89059 be supported subject to the
Amended Conditions as contained in Attachment 1 to Report PSD -014-19;
That the Durham Regional Planning and Economic Development Department and
Municipal Property Assessment Corporation be forwarded a copy of Report PSD -014-19
and Council's decision; and
That all interested parties listed in Report PSD -014-19 and any delegations be advised
of Council's decision.
Carried
12.5 PSD -015-19 Proposed Changes to the Growth Plan for the Greater Golden
Horseshoe
Resolution #PD -021-19
Moved by Councillor Hooper, seconded by Councillor Anderson
That Report PSD -015-19 be endorsed;
That the proposed changes to the Growth Plan for the Greater Golden Horseshoe are
generally supported. However, the following recommendations and the comments
contained in Report PSD -015-19 be endorsed as Clarington's formal submission to the
Ministry of Municipal Affairs and Housing:
• The proposed Provincially Significant Employment Zones be removed from the area
identified as the Courtice Major Transit Station Area as shown in Attachment 2;
• Provincially Significant Employment Zones be added to the lands between Courtice
Road and Highway 418, south of Bloor Street as shown in Attachment 2;
• The proposed Provincially Significant Employment Zones be removed from the
areas where they overlap with the Southeast Courtice Secondary Plan and the
Southwest Courtice Secondary Plan areas as shown in Attachment 2;
10
Clarftwn Planning and Development Committee
Minutes
February 19, 2019
• The lands between Durham Highway 2 and Bloor Street, east of Courtice Road to
the future Highway 418 be added as employment area to the Courtice urban area;
and
• The long-term goal of net -zero communities be maintained as a guiding principle of
the Growth Plan.
That a copy of Report PSD -015-19, be forwarded to the Ministry of Municipal Affairs and
Housing, Metrolinx, the Durham Regional Planning and Economic Development
Department and any interested parties.
Carried
13 New Business — Consideration
There were no New Business Item to be considered under this Section of the Agenda.
14 Unfinished Business
15 Confidential Reports
There were no Confidential Reports scheduled under this Section of the Agenda.
16 Adjournment
Resolution #PD -022-19
Moved by Councillor Traill, seconded by Councillor Jones
That the meeting adjourn at 7:44 PM.
Chair
Carried
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11
Deputy Clerk
Clarbgtoa
Notice of Public Information Centre
Notice of Public Meeting
A land use change has been proposed, have your say!
The Municipality is seeking public comments before making a decision on an application for a
proposed Draft Plan of Subdivision and an application to amend the Zoning By-law.
1L
Aspen Gardens Bowmanville Ltd. (Kaitlin) submitted applications for a Draft Plan of Subdivision
and Rezoning to permit 136 residential units, including 21
single detached dwelling units, 12
semi-detached dwelling units, a townhouse block (up to 103 units), and an Open Space Block
along the extension of Buttonshaw Street, south of McPhail Avenue.
The subject applications are deemed complete.
2346 Baseline Road, Bowmanville at the northwest corner of Baseline Road and Green Road
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��1111 REMMINGTON ST
REMMiINGTON STREET
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Existing Residential
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; Bowmanville
- Single -detached (21 Units)
Indoor Soccer
Semi-detached (12 Units)
Townhouse Block (103 Units)
Open Space
SC 2018-0001
Additional information and background studies are available for review at the Planning Services
Department. Questions? Please contact Anne Taylor Scott 905-623-3379, extension 2414, or by
email at ata lorscott clarinton.net
vide
How to ProComments
Public Information Centre:
Statutory Public Meeting:
The Applicant will be hosting a drop-in
Date:
Monday, March 11, 2019
style Public Information Centre on:
Time:
7:00 p.m.
Date: Thursday, February 28, 2019
Place:
40 Temperance Street,
Time: 6:30 p.m. to 8:30 p.m.
Bowmanville, ON L1 C 3A6
Place: Church of Jesus Christ of Latter
Municipal Administrative Centre
Day Saints, 7 Pethick Street,
Council Chambers
Bowmanville, ON
File Number: S -C-2018-0001 & ZBA2018-002
1L
Freedom of Information and Protection of Privacy Act
The personal information you submit will become part of the public record and may be released to the
public. Questions about the information we collect can be directed to the Clerk's Department at 905-
623-3379, extension 2102.
Accessibility
If you have accessibility needs and require alternate formats of this document or other
accommodations please contact the Accessibility Coordinator at 905-623-3379 ext. 2131.
Appeal Requirements
If you do not speak at the public meeting or send your comments or concerns to the Municipality of
Clarington before the by-law is passed: a) you will not be entitled to appeal the decision to the Local
Planning Appeal Tribunal; and b) you will not be able to participate at a hearing of an appeal before
the Local Planning Appeal Tribunal, in the opinion of the Board or the Tribunal, there are
reasonable grounds to do so.
9P I gm���
Michael Seaman, MCIP, RPP
Director of Planning Services
I:\ADepartment\Application Files\SC-Subdivision\S-C-2018\S-C-2018-0001-Aspen Gardens Ltd\Public Notice\SC-2018-0001 Public Meeting Notice.docx
13
St Marys Cement Community Relations Committee
Meeting Minutes
Tuesday September 11, 2018
5:00 p.m.
0 In this case, complaint was received through the MOE
0 Complaints reported within 2 days and formal report sent within 7 days to MOE
D Are outputs (emissions) affected by inputs
0 Yes, some inputs (raw materials, fuels) do affect emissions
0 Residents concerned with visible plume (association with fire)
0 Scrubber will reduce emissions but plume will still be visible
0 Councillor Woo will convey that complaints received by SMC are forwarded to the MOE
and communication flows both ways
• Many complaints are related to blasting and come from outside the immediate surrounding
area
0 Look at wider communications strategy
2
• Dust fall jars take a sample over 30 days which is sent for testing, PM 10 BAM monitors take
an hourly sample and PM 10 hi -vol monitors take a sample for a 24H period, every 6 days
b) Seismograph location
• Temporary unit at vacant municipal lot
c) PM10 Results
PM 10 Program 2018
80
70
60
E 50
CO
E 40
L
ZT
30
n
E 20
10
�A North East Quarry
t B Cedar Crest
Limit
0
mmmmmmmmmmmmmmmmmmmmmmmmm
oa00000a000aoa000a0000000
N (V N N N M N (Y N N N N N (Y N N N N N N N N N M N
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O O O O O O O O O O O O O O O O '.3 O �
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3
16
70
60
50
MC
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U)
E 40
R
`at
0
U 30
E
20
10
2018 PM 10 BAM
Avg 24 h rs.
w n$ N Y �1 m` 0 o N m 4 0 0 0
d) Dust Fall Monitoring
t OPG
Cove Road
Limit
e) PM10 Exceedences
In
17
Dust
Fall 2018
12.00
1 D.DD
0
$.DD
t B Cedar Crest
t C Cedar Crest
(00
6.DD
North East Quarry
_
ry
x
—w— Cove Road
4.DD
—
--w—Limit
OI
x OPG
2.DD
0.00
0
e) PM10 Exceedences
In
17
Date
Test
Site
Cause
May 1
BAM
Cove Road
High winds, fugitive dust and
Courtice interchange construction
May 2
BAM
Cove Road
High winds, fugitive dust and
Courtice interchange construction
May 2
HiVol
Cedar Crest
High winds, fugitive dust and
Courtice interchange construction
May 2
HiVol
North East Quarry
High winds, fugitive dust and
Courtice interchange construction
May 30
BAM
OPG
Agricultural activities, high winds and
fugitive dust
July
Dust Fall Jar
OPG
Courtice interchange construction
Is there a process to eliminate property as source of dust
0 Combination of visual inspection and identification of possible sources of dust
• Is there a way to correlate upwind sources of dust with downwind readings
0 Yes, this can be examined
0 Visual inspection used as well as consultant review
0 OPG reading in July was odd, only one of the monitors indicated an exceedence (there
was not continuous monitoring alert)
• Is there a petrographic microscope to examine mineralogy
0 Difficult to do but possible to distinguish organic or non-organic
0 This is difficult to do and many of the materials encountered on and offsite would be the
same (soils, dust from aggregates delivered from site to construction areas, etc.)
f) SO2 and NOXStack Emissions
5
4,500
4,000
3,500
3,000
2,500
C
p 2,000
H
1,500
1,000
500
0
4,000
3,500
3,000
MIX
h
2,000
1,500
SO2 Emissions 2018
3,856
3,893
2018 Allowance Granted 2018Actual Emissions*
NOx Emissions 2018
3,505
2018AIlowance Granted
2,064
2018Actual Emissions*
• SO2 emissions for 2018 to August were 3,893 tonnes; the total allowance for 2018 is 3,856
tonnes
• NO,, emissions for 2018 to August were 2,064 tonnes; the total allowance for 2018 is 3,505
tonnes
• SO,, emissions typically higher than allowance
0 This is not a non-compliance as credits may be purchased or transferred
0 Bowmanville plant typically transfers credits from St Marys, ON plant
0
19
0 Scrubber install has been delayed (civil work has started but some investment and
equipment have been put off), expected commissioning November 2019 with some
work done during Winter 2019 shutdown
• NOX emissions typically below allowances
• What are the two piles of stone present, south of the plant road
0 This is called the
7
6. Community Outreach
• Camp Bucko
• Courtice Family Concerts in the Park
• Bowmanville Family Concerts in the Park
• SeaCan and PPE to Clarington Fire Department
• Their Opportunity
0
8. Other items
a) Technical Question: dust particulates
• For measure of PPM, does size matter? What is measured?
• Dust fall jars collect all dust for defined period of time
ir]
d) Tours
• Open to arranging alternative fuels tour, blasting tour, plant tour
• Just call before coming (need to arrange PPE, someone to guide)
• Quarry activity continues in inclement weather (not overburden activity though)
e) Plant 50th Anniversary
• 2018 represents the 50th year since the cement plant opened in Bowmanville
9. 2018 CRC Meetings
• December 4th @ 5pm
10
23
Anne Greentree
Municipal Clerk
Municipality of Clarington
40 Temperance Street,
Bowmanville, ON
L1C 3A6
Re: 10 Victoria Street, Bowmanville
I am Writing to request an amendment to the Interim Control By -Law 2018-083.
I would like to add the property located at 10 Victoria Street in Bowmanville to Section E for the
construction of a new Semi-detached home.
I currently have a draft of the proposed building. The designed house currently meets all the criteria set
out in Section 2F, With the exception of lot coverage which you ask for 35%. 1 am currently at 36.7%, this
is something we can still play with to fit under the 35% should I be added to the list.
Thank you,
Barry Bolahood
905-243-6006
CC. Planning Services Department
24
Clatiagton
Memo
Planning Services Department
If this information is required in an alternate format, please contact the Accessibility
Co-ordinator at 905-623-3379 ext. 2131
To:
Mayor and Members of Council
Cc:
CAO and Department Heads
From:
Michael Seaman, Director of Planning Services
Date:
March 5, 2019
Subject:
Resolution regarding Interim Control By-law 2018-083
File No:
PLN 8.6.7
A request to amend Interim Control By-law 2018-083 has been submitted by Barry
Bolahood and is identified as Item No. 10.1 in the Communications portion of the
Agenda. He would like to construct a semi-detached home with apartment -in-house for
each of the 2 units at 10 Victoria Street in Bowmanville. Section 2.a. to 2.e. of the
Interim Control By -Law provided exemptions for a number of properties where staff
were aware of development applications. The property at 10 Victoria Street was not
identified as being exempt.
Mr. Bolahood has noted that he is able to develop the property in accordance with the
regulations contained within Section 2.f. of By-law 2018-083. These provisions were
drafted in a manner to prevent development of new dwellings to further negatively affect
neighbourhood character. Mr. Bolahood also intends to add apartments -in-house in
accordance with Section 1.d. of By-law 2018-083.
The property is designated Urban Residential within the Official Plan. It is located within
the Liberty Street Local Corridor which has been identified for intensification. The Local
Corridor supports a minimum gross density of 30 units per hectare and a minimum
height of 2 storeys. Mr. Bolahood's proposal can achieve these targets with the addition
of the apartment -in-house.
As Mr.Bolahood has the ability to conform with the regulations contain in Section 2.f. of
By-law 2018-083 while contributing to the Local Corridor, staff recommend the following:
That the request to amend Section 2.e. of Interim Control By-law 2018- 3 to
add 10 Victoria Street, submitted by Barry Bolahood, be approved.
That the Interim Control amending By -Law attached to this memo, be adopted.
The Corporation of the Municipality of Clarington
40 Temperance Street, Bowmanville ON L1 C 3A6 1905-623-3379
25
Sincerely,
Per:
Michael Seaman
Director of Planning Services
/J P
Attachments
Page 12
I:\^Department\PLN Files\PLN 8 Other By-laws\PLN 8.6 Interim Control By-law\PLN 8.6.7 Elgin_Memorial_Central\ICBL 2018-083\Amendments\MEMO_MMC _ICBL_10
Victoria Street March 5'2019.docx
26
Corporation of the Municipality of Clarington
By-law Number 20--
being
0-
being a By-law to amend Interim Control By-law 2018-083
Whereas the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 2018-083;
Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Section 2. e. is revised by adding the following:
iv) 10 Victoria Street
3. This By-law shall come into effect on the date of its passage.
By -Law passed in open session this day of 120
Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk
I:\^Department\PLN Files\PLN 8 Other By-laws\PLN 8.6 Interim Control By-law\PLN 8.6.7
Elgin_Memorial_Central\ICBL 2018-083\Amendments\Amending By-law.docx
27
Clarftwn
Planning Services
Public Meeting Report
If this information is required in an alternate accessible format, please contact the
Accessibility Coordinator at 905-623-3379 ext. 2131.
Report To: Planning and Development Committee
Date of Meeting: March 11, 2019
Report Number: PSD -016-19 Resolution:
File Number: S -C-2018-0001 & ZBA2018-0027 By-law Number:
Report Subject: Applications by Aspen Gardens Ltd. (Kaitlin) for a Draft Plan of
Subdivision and Zoning By-law amendment to permit a 136 -
unit residential subdivision at the northwest corner of Baseline
Road and Green Road, Bowmanville
Recommendations:
1. That Report PSD -016-19 be received;
2. That the application for a proposed Draft Plan of Subdivision and the application to
amend Zoning By-law 84-63, submitted by Aspen Gardens Ltd. (Kaitlin) for the
development of a 136 -unit plan of subdivision continue to be processed and that a
subsequent report be prepared; and
3. That all interested parties listed in Report PSD -016-19 and any delegations be
advised of Council's decision.
Municipality of Clarington
Report PSD -016-19
Report Overview
Page 2
This is a public meeting report to provide an overview of the applications by Aspen Gardens
Ltd. (Kaitlin) on a 4 hectare parcel at the northwest corner of Baseline Road and Green Road
in Bowmanville. The proposed draft plan of subdivision would create 136 residential units,
consisting of 21 single detached dwellings, 6 semi-detached dwellings (12 units) and a
townhouse block (up to 103 units), an Open Space Block, and the extension of Buttonshaw
Street to Green Road. The rezoning application proposes to place these lands in appropriate
zones to permit the requested development.
1. Application Details
1.1 Owner/Applicant: Aspen Gardens Ltd.
1.2 Agent: D.G. Biddle & Associates Ltd.
1.3 Proposal: Proposed Draft Plan of Subdivision
The proposed Draft Plan of Subdivision would create 136
residential units, consisting of 21 single detached dwellings, 6
semi-detached dwellings (12 units) and a townhouse block (up
to 103 units), an Open Space Block, and the extension of
Buttonshaw Street.
Proposed Zoning By-law Amendment
To rezone the lands from the "Agricultural (A) Zone" to
appropriate zones that would permit the proposed residential
units.
1.4 Area: 4 hectares
1.5 Location: Northwest corner of Baseline Road and Green Road,
Bowmanville (Part of Lot 17, Concession 1,
Former Township of Darlington)
1.6 Roll Number: 1817 010 020 18200
1.7 Within Built Boundary: Yes
2. Background
2.1 The applications were originally received on February 5, 2018 however they remained
incomplete until all items were received on December 20, 2018, the applications were
circulated for comments on January 16, 2019 to applicable staff and agencies.
29
Municipality of Clarington
Report PSD -016-19
Page 3
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2.2 The applicant hosted a Public Information Centre at The Church of Jesus Christ of
Latter Day Saints on February 28, 2019. Staff from Clarington Engineering Services and
Planning Services were in attendance. Five area residents attended the drop-in session.
2.3 The following studies and reports were submitted in support of the application and are
currently under review:
x Phase I Environmental Site Assessment x Environmental Impact Study (including
x Functional Servicing Report Breeding Bird Survey)
x Storm Water Management Report x Urban Design Plan
x Traffic Impact Study x Archaeological Assessment
x Noise Study
30
Municipality of Clarington
Report PSD -016-19
3. Land Characteristics and Surrounding Uses
Page 4
3.1 The subject lands are currently vacant. The site has a significant amount of variation in
grade. The site is over 15 metres (50 feet) higher at the west end of the property, in
comparison to the lowest point at the northeast corner at Green Road. A portion of the
property is vegetated and identified as part of the Natural Heritage System.
3.2 The surrounding uses are as follows:
North - Existing residential dwellings
South - Lots of record including a residence on the south side of Baseline Road — lands
designated Urban Residential and Environmental Protection.
East - Existing residential dwellings
West - Open Space lands part of a Draft Approved Plan of Subdivision (S -C-2014-0002)
4. Provincial Policy
Provincial Policy Statement
4.1 The Provincial Policy Statement identifies settlement areas as the focus of growth. Land
use patterns shall be based on densities and a mix of land uses that efficiently use land,
resources and infrastructure.
4.2. Opportunities for redevelopment and intensification must be promoted. Municipalities
must provide a variety of housing types and densities, and a range of housing options
that are affordable to the area residents.
4.3 Healthy and active communities should be promoted by planning public streets to be
safe, meet the needs of pedestrians, foster social interaction and facilitate active
transportation and community connectivity. Compact and diverse developments
promote active modes of transportation such as walking and cycling.
Provincial Growth Plan
4.4 The subject lands are within the defined Built Boundary of Bowmanville.
4.5 Growth is to be accommodated by directing a significant portion of new growth to the
built up areas through intensification and efficient use of existing services and
infrastructure. A minimum of 40 percent of all residential development occurring
annually within each upper tier municipality will be within the built up area.
4.6 The development of complete communities is encouraged by promoting a diverse mix of
land uses, a mix of employment and housing types, high quality public open space and
easy access to local stores and services. New transit -supportive and pedestrian -friendly
developments will be concentrated along existing and future transit routes.
31
Municipality of Clarington
Report PSD -016-19
5. Official Plans
Durham Regional Official Plan
Page 5
5.1 The Durham Region Official Plan designates the subject lands Living Areas. Living
Areas permit the development of communities incorporating the widest possible variety
of housing types, sizes and tenure to provide living accommodations that address
various socio-economic factors.
5.2 Development applications in Living Areas must consider having a compact built form,
including providing intensive residential and mixed uses along arterial road and transit
routes. Consideration must also be given to urban design, pedestrian connections, grid
pattern of roads, and the availability of services and infrastructure.
5.3 A minimum of 40 percent of all residential development is to occur annually through
intensification within built-up areas
5.4 The site is located at the intersection of Green Road, Type B Arterial Road, and
Baseline Road, Type A Arterial Road, in the Region of Durham Official Plan.
5.5 The Region of Durham Official Plan identifies Key Natural Heritage and Hydrologic
Features at the southwestern section of the subject lands. Development or site
alteration is not permitted in Key Natural Heritage and Hydrologic Features, including
any associated vegetation protection zone, as determined through an Environmental
Impact Study.
Clarington Official Plan
5.6 The Clarington Official Plan designates the subject lands Urban Residential and
Environmental Protection Area. The Urban Residential designation is predominately
intended for housing purposes.
5.7 At the edge of neighbourhoods and adjacent to arterial roads, ground -related units are
permitted with heights between 1 and 3 storeys at a minimum density of 19 units per
hectare. Permitted uses include limited apartments, townhouses, single and semi-
detached units.
5.8 Internal to neighbourhoods, ground -related units are permitted with heights between 1
and 3 storeys at a minimum density of 13 units per hectare. Permitted uses include
limited townhouses, single and semi-detached units.
5.9 The Municipality will achieve a target of at least 32% of all new residential units within
the Built-up Area up to the year 2021.
5.10 Multi -unit residential condominium developments must have multiple accesses to the
public streets networks without reliance on access easements. The size of multi -unit
blocks shall generally not exceed 50 units per block.
32
Municipality of Clarington
Report PSD -016-19 Page 6
5.11 Natural Heritage Features are also identified and mapped on the subject lands. This
area is designated Environmental Protection Area. The natural heritage system is to be
protected and enhanced for the long term to promote responsible stewardship and
provide sustainable environmental, economic and social benefits. Studies will determine
the appropriate development limit and buffers in accordance with the Official Plan. The
policies require an Environmental Impact Study to be submitted in support of
development, to determine the extent of the feature and appropriate buffer limits, with a
minimum buffer of 15 metres.
6. Zoning By-law
6.1 Zoning By-law 84-63 zones the subject lands Agricultural (A) Zone and a rezoning is
required to permit the requested residential uses.
7. Public Notice and Submissions
7.1 A combined Notice of the Public Meeting and Public Information Centre was mailed on
February 13, 2019 to residents within 120 metres.
7.2 Public Meeting signs were installed on site, and meeting details were posted on the
municipal website and in the Planning Services Department E -update.
7.3 The Public Information Centre held on February 28, 2019 provided area residents with
additional information regarding the project. Generally, area residents that attended did
not have significant concerns or objections, and appreciated the new road connection to
Green Road.
7.4 At the time of writing this report, six individuals have registered as interested parties.
Issues raised by area residents at the Public Information Centre or by contacting staff
include:
x Construction impacts: safety, noise, dust, truck traffic
x Increased traffic along Green Road
x Pedestrian safety
x Unit design
x School overcrowding
x Alteration of grades and impact on the drumlin
8. Agency Comments
Regional Municipality of Durham
8.1 Comments from Durham Region Planning or Regional Works Departments have not
been received at the time of finalizing this report but will be included in a subsequent
report.
33
Municipality of Clarington
Report PSD -016-19
Central Lake Ontario Conservation Authority
Page 7
8.2 Comments from the Central Lake Ontario Conservation Authority have not been
received at the time of finalizing this report but will be included in a subsequent report.
Durham Regional Police Service
8.3 The communications section of Durham Regional Police Service has no objections.
Durham Region Transit
8.4 Durham Region Transit has no objections.
Enbridge Gas
8.5 Enbridge Gas has no objections.
9. Departmental Comments
Engineering Services
9.1 The Engineering Services Department continues to review the applications and
supporting documents, especially as it relates to grading and drainage.
Emergency and Fire Services
9.2 The Emergency and Fire Services Department has no objections to the proposed
submission and rezoning, and has provided site plan comments relating to the fire route
within the townhouse block.
Accessibility Committee
9.3 The Committee recommends that the applicant provide units, parking areas and
amenity spaces that are accessible. A number of comments relating to site plan design
will be forwarded to the applicant to consider when preparing site plan drawings for the
townhouse block.
Building Division
9.4 The Building Division provided no objections to the subject applications.
Operations Department
9.5 Operations Department provided comments relating to the protection of roads during the
construction period, and load restrictions March 1 st and May 1 st each year. All future
maintenance of the adjacent sidewalks and grass boulevards are the responsibility of
the applicant including snow removal.
34
Municipality of Clarington
Report PSD -016-19 Page 8
9.6 The department requests additional details for all new public infrastructure. Quantities
are necessary to determine future impacts on existing municipal staffing resources and
to estimate maintenance costs. In addition to the total length and width of new roadway
the proposal must also include length of curb, length of sidewalk, length of storm sewer,
number of catch basins, areas of grassed boulevard and/or proposed plantings, number
of boulevard street trees, number of streetlights, etc.
Kawartha Pine Ridge District School Board
9.7 The School Board provided the following comments:
x If school buses are required within the subdivision, pick up points will generally be
located on the through street;
x Pedestrian routes for students must be provided within the plan and the route should
be signed at the start and end of the route.
9.8 The Board will require a copy of the proposed plan and details for the pedestrian route
prior to clearing conditions and the Subdivision Agreement will reflect these proposed
plans and details.
10. Discussion
10.1 This site is at the edge of the Darlington Green neighbourhood, at the intersection of two
arterial roads.
10.2 The proposed subdivision would result in a net density of 40 units per hectare. While
this density would generally comply with the targets of the Official Plan, Staff are
concerned with the overall number of units proposed. Unit yields may likely reduce
given concerns regarding grading, site design and protection of the natural environment.
10.3 The extension of Buttonshaw Street through the subject lands will allow for the storm
sewer servicing of the lands to the northwest (S -C-2014-0002) and will also provide a
vehicular connection to Green Road. This connection to Green Road will allow better
distribution throughout the neighbourhood versus directing traffic from new development
north to Remmington Street and McBride Avenue.
10.4 The major issues to be resolved include:
x Grading: Staff will require a further analysis of grading and site alteration proposed
for the site. The design of units must be sensitive to existing grading and the unique
topography of the drumlin that remains. The design must also minimize the amount
of fill entering and/or leaving the site. The final design must reduce the amount and
height of retaining walls (preliminary plans indicate retaining walls approximately 10
metres in height).
x Density & Built Form: Providing the appropriate mix and distribution of lots sizes
and unit types;
x Site Design: Complying with the Official Plan direction to limit townhouse block size
to a maximum of 50 units;
35
Municipality of Clarington
Report PSD -016-19
Page 9
x Environmental Protection: Correctly delineating the natural heritage features and
providing the buffers as required by the Clarington Official Plan.
11. Concurrence
Not Applicable.
12. Conclusion
The purpose of this report is to provide background information on the proposed Draft
Plan of Subdivision and Rezoning submitted by Aspen Gardens Ltd. (Kaitlin) for the
Public Meeting under the Planning Act. Staff will continue processing the application
including the preparation of a subsequent report upon resolution of the identified issues.
9P
a
Submitted by:
Reviewed by:
Michael Seaman, MCIP, RPP Andrew C. Allison, B.Comm, LL.B
Director of Planning Services Chief Administrative Officer
Staff Contact: Anne Taylor Scott, Senior Planner, 905-623-3379 ext. 2414 or
ataylorscott@clarington.net
The following is a list of the interested parties to be notified of Council's decision:
Enzo Bertucci
Michael Fry
Jerami Haden
D. Stewart
Heather & Paul Morton
Jackie Nixon
Tendai Applah
Lee -Ann Herbert
John Colville
ATS/CP/nl
36
Clarington
Planning Services
Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To:
Planning and Development Committee
Date of Meeting:
March 11, 2019
Report Number:
PSD -017-19 Resolution:
File Number:
PLN 12.12 By-law Number:
Report Subject:
Cannabis Retail Stores Siting Policy
Recommendations:
1. That Report PSD -017-19 be received;
2. That the draft Municipal Cannabis Retail Store siting policy (Attachment 1 to Report
PSD -017-19) be approved; and
3. That any interested parties be notified of Council's decision.
37
Municipality of Clarington
Report PSD -017-19
Report Overview
Page 2
This Report provides general information on the staff recommended Municipal Cannabis
Retail Store siting policy for Council's review and adoption, in support of Council's decision
of January 15, 2019 to "Opt In".
1. Background
1.1 On January 15, 2019 Clarington Council approved Resolution #C-016-19, which permits
cannabis retail stores in the Municipality of Clarington. That Resolution also directs staff
to draft a Municipal Cannabis Retail Store siting policy for Council's approval.
1.2 The primary purpose of the siting policy is to provide direction to municipal staff when
reviewing individual applications for retail cannabis stores in Clarington and preparing
written submissions to the Alcohol and Gaming Commission of Ontario (ACCO).
1.3 The siting policy will also assist prospective cannabis retailers in identifying appropriate
locations for cannabis retail stores in the Municipality.
2. Scope of Siting policy
2.1 The Cannabis License Act, 2018 and O. Reg. 468/18 provide municipalities the
opportunity to provide written submissions in response to a proposed cannabis retail
store. A municipality has fifteen days to provide comments, once AGCO has posted an
application for a new store on their website.
2.2 O. Reg. 468/18 clearly states the AGCO will only consider written submissions that
address the public interest, which is defined as follows:
1. Protecting public health and safety;
2. Protecting youth and their access to cannabis; and
3. Preventing illegal cannabis activities.
2.3 The draft recommended Municipal Cannabis Retail Store Siting policy has been
developed based on the recommended draft statement developed by AMO, plus review
of the legislation, planning principles, and municipal staff input. Draft statements of other
municipalities have also been taken into consideration.
3. Existing Regulations and Standards
3.1 The Cannabis License Act, its associated Regulations, and the AGCO's Standards
provide some regulations for cannabis retail stores.
Municipality of Clarington Page 3
Report PSD -017-19
3.2 Subsection 20(1) of O. Reg. 468/18 states that licensees must ensure that no individual
who appears to be under 25 years of age is permitted to enter the cannabis retail store
unless they can produce photo ID. No one under the age of 19 is permitted in a cannabis
retail store.
3.3 The Cannabis License Act, 2018 and O. Reg. 468/18 provide the AGCO with the
authority to establish standards and requirements. These have been published as the
"Registrar's Standards for Cannabis Retail Stores." These Standards are the regulations
and requirements cannabis retail store licensees are required to adhere to. There are
strict store requirements in place for advertising, visibility of product, and access to the
product. Highlights of the Registrar's Standards include:
x Stores must have a secure, high resolution surveillance system and cannabis must
be securely stored at all times;
x Cannabis and accessories are prohibited from being visible from the exterior of the
premises;
x Licensees must take reasonable measures to ensure patrons are not purchasing
cannabis or accessories for minors;
x The exterior signage of stores must not communicate information about cannabis,
appeal to young persons, or promote cannabis in a positive manner; and
x Licensees may only promote cannabis within the store, and promotion is limited to
factual information (e.g. price and availability).
4. Correspondence
4.1 The Municipality has received correspondence from Municipal Solutions with a wording
request for zoning or licensing (attachment 2). They request that preference be given to
cannabis retail stores "that have a Health Canada approved medicinal cannabis health
clinic with a medical practitioner on site".
4.2 The Municipality is prohibited from regulating cannabis retail stores through zoning or
licensing and thus unable to satisfy this request. As well, during the 15 -day notification
period, staff would be unable to determine if a proposed cannabis retail store would have
a health clinic or medical practitioner on site.
4.3 The Municipality has received correspondence from the Peterborough, Victoria,
Northumberland, and Clarington Catholic District School Board (attachment 3). Their
letter expresses concern that the AGCO's 150 metre minimum setback from schools is
too close, and requests the Municipality implement a distance of 500 metres. Their
concern is related to the perception that there is nothing preventing students from
gathering near these stores or students recruiting adults to make purchases on their
behalf.
39
Municipality of Clarington
Resort PSD -017-19
Page 4
4.4 The Municipality is prohibited from regulating cannabis retail stores through zoning and is
thus unable implement a greater distance from schools. Furthermore, the AGCO has
indicated that they will not consider greater minimum distances to schools as they have
decided 150 metres is sufficient in light of other measures to ensure youth are not
exposed to cannabis. Nuisance by-laws (such as By-law 2011-099) can be used to
disperse students if they are found gathering around cannabis retail stores. As noted
above, the Registrar's Standards include the requirement that licensees must take
measures to ensure patrons are not purchasing for youths. It should also be emphasized
that persons under 19 are not only prohibited from purchasing cannabis, but are
prohibited from even entering cannabis retail stores.
4.5 The Municipality received a letter from Dr. Robert Kyle, Commissioner & Medical Officer
of Health, in which he expresses numerous concerns about cannabis use in general
(attachment 4). Dr. Kyle's letter lists a great number and variety of uses that he feels
should have minimum setbacks from cannabis retail stores.
4.6 As noted, municipalities are prohibited from zoning cannabis retail stores, meaning the
Municipality cannot impose setbacks. However, some of the uses Dr. Kyle lists fall within
the defined "public interest" and are addressed in the Siting policy (e.g. discouraging
cannabis retail stores nearby properties designed to serve youth).
5. Concurrence
This report has been reviewed by the Municipal Clerk and Municipal Solicitor who concur
with the recommendations.
6. Conclusion
In support of Council's decision to "opt in" and allow for cannabis retail sales within the
Municipality of Clarington, the draft Municipal Cannabis Retail Store siting policy
(attachment 1) is recommended to Council for adoption. The draft Policy contemplates
the legislative restrictions, planning principles, the health and safety of our community,
the need for limiting access to cannabis for our youth, and the desire to mitigate illegal
cannabis activities.
Municipality of Clarington
Resort PSD -017-19
Page 5
a
Submitted by:
Reviewed by:
Michael Seamen, MCIP, RPP, Andrew C. Allison, B. Comm, LL.B
Director of Planning Services CAO
Staff Contact: Mark F. Jull, Planner 1, 905-623-3379 x2426 or mjull@clarington.net
Attachments:
Attachment 1 — Municipal Cannabis Retail Store Siting policy
Attachment 2 — Correspondence from Municipal Solutions
Attachment 3 — Correspondence from Peterborough, Victoria, Northumberland, and Clarington
Catholic District School Board
Attachment 4 — Correspondence from Dr. Robert Kyle
A list of interested parties is available in the Planning Services Department.
\\Netapp5\Group\Planning\^Department\PLN Files\PLN 12 Commercial\PLN 12.12 Cannabis Retail Stores\Staff Reports\PSD-017-19\PSD-017-19.Docx
41
Attachment 1 to
Report PSD -017-19
Municipal Cannabis Retail Store Siting Policy
March 18, 2019
On January 15, 2019 Clarington Council approved Resolution #C-016-19, which permits
cannabis retail stores in the Municipality of Clarington. That Resolution also directed staff
to draft a Municipal Cannabis Retail Store siting policy for Council's approval.
1 Purpose
The purpose of this siting policy is to provide direction to municipal staff when preparing
written submissions to the Alcohol and Gaming Commission of Ontario (ACCO) if a
cannabis retail store is proposed to be located within the Municipality of Clarington.
This siting policy will also assist prospective recreational cannabis retailers in identifying
appropriate locations for cannabis retail stores in the Municipality.
2 Background and Context
Clarington has chosen to allow cannabis retail stores within the Municipality.
The AGCO is the provincial authority that licenses cannabis retail operators, authorizes
cannabis retail locations, and licenses senior store staff. Municipal governments have
no licensing authority. Municipal governments are prohibited from passing a by-law for
the purpose of regulating cannabis retail stores any differently than other retail stores.
The AGCO regulates and reviews all aspects of the retail operation including municipal
and public input, and that the proposed store location is consistent with the public
interest as defined in the regulations.
The AGCO will not directly inform the Municipality of an application for a cannabis retail
store, but will post a notice on the AGCO's website. The AGCO will consider written
submissions from the Municipality for a period of 15 days after the application notice
has been posted.
Only written submissions that address the public interest (as defined) will be considered
by the ACCO.
The public interest is defined as:
1. Protecting public health and safety
2. Protecting youth and their access to cannabis
3. Preventing illegal cannabis activities
Policy # - Cannabis Retail Stores Page 1 of 4
42
The following provides municipal staff with guidance when preparing written comments
to be submitted to the AGCO when a cannabis retail store is proposed in the
Municipality.
3 Definitions
Cannabis Retail Store:
A store licensed by the Alcohol and Gaming Commission of Ontario to sell cannabis.
4 Principles for Cannabis Retail Store Locations
4.1 Relationship to Other Applicable Law
Land Use Planning: The provincial licensing process does not remove the requirement
to comply with the zoning by-law and other municipal planning documents. The
definitions within the municipality's Official Plan and Zoning By-law are applicable to all
retail, including cannabis retail stores. Retail sale of cannabis from a provincially
licensed store is legal and the Municipality permits cannabis retail stores where retail
uses are permitted, subject to the policy directions outlined in this Cannabis Retail Siting
policy.
Municipal Building Inspections: While the licensing of the store operation is the
responsibility of the AGCO, the Building Code applies to cannabis retail store locations.
Therefore, where a building permit is required, the Municipal Building Inspector will
undertake duties as usual. Ontario Fire Code compliance is also mandatory.
4.2 Permitted Zones
Subject to the policy directions outlined in this Cannabis Retail Store Siting policy and
the respective Zoning By-laws' regulations, cannabis retail stores are permitted where
Zoning By-law 84-63 permits a "Retail Commercial Establishment" or a "Retail Store."
These zones include but are not limited to:
x C1 (including all C1 exception zones that permit a "Retail Commercial
Establishment");
x C3 (including all C3 exception zones that permit a "Retail Store");
x C8 (including all C8 exception zones that permit a "Commercial/Retail
Establishment); and
x C9 (including all C9 exception zones that permit a "Commercial/Retail
Establishment).
Policy # - Cannabis Retail Stores Page 2 of 4
43
4.3 Discouraged Zones
The Municipality discourages cannabis retail stores in buildings or neighbourhoods
where the primary use is residential but commercial uses are permitted.
The discouraged zones include but are not limited to the following zones in Zoning By-
law 84-63:
x Neighbourhood Commercial (C2) Zone (including all C2 exception zones); and
x Mixed -Use (MU) Zones which permit buildings containing apartments dwellings
and at least one non-residential use (usually on the main floor).
The discouraged zones include but are not limited to the following zone in Zoning By-
law 2005-109:
x Neighbourhood Commercial (C6).
4.4 Cannabis Retail Stores and Sensitive Uses
Only written submissions that address the public interest (as defined) will be considered
by the AGCO.
The public interest is defined as:
1. Protecting public health and safety
2. Protecting youth and their access to cannabis
3. Preventing illegal cannabis activities
4.5 Protecting Public Health and Safety
In order to help protect public health and safety, a cannabis retail store should not be
located within 150 metres of the following:
x Other cannabis retail stores, which helps to protect public health and safety by
encouraging a diversity of uses in commercial areas and by dispersing stores
which may lend themselves to smoking or consumption within the immediate
vicinity of the stores; and
x Residences of the most vulnerable people in the community, which include
addiction treatment centres and community based residential facilities (halfway
houses).
Policy # - Cannabis Retail Stores
Page 3 of 4
4.6 Protecting Youth and their Access to Cannabis
In order to protect youth and restrict their access to cannabis, Section 11 of O. Reg.
468/18 prohibits the AGCO from permitting a cannabis retail store within 150 metres of
a school.
For the same reasons, the Municipality discourages cannabis retail stores from
properties within 150 metres of uses designed to serve youth.
These uses include:
x Libraries and recreation facilities that provide services for youths and families;
x Parkland designed for youth;
x Municipally operated drop-in centres for youth, including but not limited to:
o The Firehouse Youth Centre (132 Church);
o The Loft (1595 Prestonvale); and
o The Newcastle Youth Centre (1780 Rudell).
4.7 Preventing Illegal Cannabis Activities
An express purpose of legalizing cannabis is to displace the illegal cannabis market. To
assist in preventing illegal cannabis activities, cannabis retail stores are encouraged to
adhere to the following general principles to help ensure equity of access to legal
cannabis:
x Be located in different commercial areas of the Municipality;
x Be located in the Municipality's "Gateway Commercial Centres" and "Urban and
Village Centres" as defined in the Official Plan; and
x Be accessible by transit and active transportation.
Policy # - Cannabis Retail Stores
45
Page 4 of 4
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7S 1-1 f' t)El-ic T E F:U L"I-E-4 f EC I f' 1-1 E 1F."I 1-1
f'eterbaradgtl Victoria
Nortlrumbertv4d and Clalrngton
/'45 L\"'4Calhoflc Disfrict School Board
PETER L. ROACH
CATHOLIC December 18, 2018
E1�uc,aTlc�N
CENTRE
The Honourable Lisa M. Thompson,
Minister of Education
Mowat Block, 22nd Floor
900 Bay Street
Toronto, Ontario M7A 1 L2
The Honourable Caroline Mulroney
Attorney General
McMurtry -Scott Building
720 Bay Street, 11th Floor
Toronto, ON M7A 2S9
Dear Minister Thompson and Minister Mulroney:
4110 DEFIF 1-11
8F 1-10-11-894,A0,11
VISION
Achieving Excellence in Catholic Education
LEARN • LEAD • SERVE
'
�*AN F 8 X 019
MUNICIPAUTY OF C,IARINGTON
MANOR'S OFFICE
We are writing on behalf of the Peterborough Victoria Northumberland and Ciarington
Catholic District School Board to express our concern over the decision to establish a
minimum distance of 150 metres between the proposed Cannabis Stores and schools
operated by district school boards. In short, it is our firm conviction that this distance
is much too close. It puts these stores in close proximity to young students, and while
there are rules in place to restrict access to the stores to adults over the age of 19,
there are no safeguards to prevent or even discourage the gathering of students near
those stores and the potential recruitment of adults to make purchases on their behalf,
or to discourage the sale of cannabis to young people.
The use of cannabis by young people has been proven to be destructive. The brain
development of a young person is not complete until the early twenties, and cannabis
use has been shown to have adverse effects both on development and on the mental
health of young people.
We strongly encourage that your government reconsider this decision and implement
a safer, minimum distance of 500 metres.
We appreciate your attention to this matter and look forward to a response at your
earliest convenience.
With kind regards,
Michelle Griepsma
Chairperson
.12
Michael Nasello
Director of Education
135.5 I,ANSDOWNE. S'T'itt F[' WES'I' • PFTERROKOMA-1 • ONTARIO • K91 7 13 • HI: r7051748-4861 • FA\: (705) 748,9734 • 1-800-461.8009
v'Ttf1 SI IT: w%v47(lsh.011.ra
MGlmk
cc.: Nancy Naylor, Deputy Minister
Denise Dwyer, Assistant Deputy Minister
Beverley Eckensweiler, President, Ontario Catholic Trustees Association
Jim Costello, President, Council of Directors of Education
Diane Therrien, Mayor, City of Peterborough
Andy Letham, Mayor, City of Kawartha Lakes
.,-Adrian Foster, Mayor, Municipality of Clarington
Mark Lovshin, Warden, County of Northumberland
Hon. Laurie Scott, MPP, Haliburton-Kawartha Lakes -Brock
David Piccini, MPP, Northumberland -Peterborough South
Dave Smith, MPP, Peterborough-Kawartha
Lindsey Park, MPP, Durham
Pefert+eroeph woriv
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I Interoffice Memorandum
The Regional Date: October 24, 2018
Municipality of
Durham To: Brian Bridgeman, Commissioner of Planning &
Health Department Economic Development
605 ROSSLAND RD. E.
From: Dr. Robert Kyle, Commissioner & Medical Officer of
LEVEL 2
PO BOX 623
Health
WHITBY, ON L1 N 6A3
CANADA
Subject: Bill 36 and Suggested Setbacks for Cannabis
905-668-7711
Retail Store Locations
1-800-372-1102
durham.ca
On October 17, 2018, Bill 36, the Cannabis Statute Law Amendment Act,
Dr. Robert Kyle
Commissioner & Medical
2018, received Royal Assent. The Bill amends various Acts and enacts
Officer of Health
one new Act in relation to the use and sale in Ontario of cannabis and of
vapour products.
As you may know, cannabis use carries significant health risks, especially
if used frequently and/or use begins at an early age (CAMH, 2014). When
used frequently, cannabis is associated with increased risk of problems
with cognitive and psychomotor functioning, respiratory problems, cancer,
dependence, and mental health problems including anxiety, depression
and schizophrenia.
There is little evidence that illustrates safe recreational cannabis use for
individuals and communities. It is very difficult to tighten regulations once
in place. It is best to take an approach that aims to prevent future harms,
rather than adding regulations later. Efforts should be made to maximize
benefits while minimizing harms, promoting health and reducing inequities
for individuals, communities and societies (CCSA, 2015; Council of
CMOHs of Canada 2016).
Kids are vulnerable to negative long-term effects of cannabis use, since
their brains are still developing. Use of cannabis before age 25 can cause
long-term problems with attention span, memory, problem -solving and
emotional control (CCSA, 2015).
If you require this information in an accessible format, please contact the Durham Health Connection Line at 1-800-841-2729.
The protection of our kids is paramount and should be as important, if not
more so, than the economic interests of cannabis and vapour product
retailers and suppliers.
A municipality may pass a resolution by January 22, 2019, prohibiting
cannabis retail stores from being located in the municipality. Such a
prohibition may be lifted by a later resolution passed by the municipality,
but a municipality's decision to do so is final and may not be further
reversed.
For municipalities that do not prohibit cannabis retail stores, the Registrar
of the Alcohol, Cannabis and Gaming Commission of Ontario shall give
notice of an application for a retail store:
x by displaying a notice at the location of the proposed cannabis
retail store;
x by posting a notice on the commission's website; and
x in any other manner the Registrar considers appropriate
Notice shall include a request for the municipality, its residents and, if the
municipality is a lower -tier municipality, the upper -tier municipality of which
it forms a part, to make written submission to the Registrar, which must be
made no later than 15 days after the notice is first given, as to whether the
issuance of the retail store authorization is in the public interest, having
regard to the needs and wishes of the residents.
The Registrar shall refuse to issue a retail store authorization if the
proposed cannabis retail store would be located less than the distance
specified by or determined in accordance with the regulations from a
school, as defined in the Education Act.
Municipalities have the opportunity to influence location, setbacks and
density thresholds of cannabis retail stores, through the Registrar's notice
of application written submission process.
The following setbacks and density measures related to cannabis retailers,
ought to be considered:
x Child care centres
x Post -secondary schools
x Elementary and secondary schools
x Beer and LCBO stores
x Tobacco and vaping product retailers
x Gaming facilities, such as Great Blue Heron Casino in Scugog and
Ajax Downs
If you require this information in an accessible format, please contact the Durham Health Connection Line at 1-800-841-2729.
50
x Healthcare facilities, such as hospitals and mental health and addition
services
x Long-term care homes
x Recreation centres
x Arcades, amusement parks, and other places where children and
youth congregates
x High priority neighbourhoods where there is a higher degree of
crime or higher socioeconomic disparity. The Health Department's
Health Neighbourhoods information can be found here:
https://www.durham.ca/en/health-and-wellness/health-
neighbourhoods.aspx
x Separation distances between sites to control cannabis retail
density
We would appreciate it if you would convey this advice to your lower -tier
counterparts if and when they plan to make written submissions as
regards notices of applications of cannabis retail store authorizations in
their respective municipalities.
Respectfully submitted,
D r. Ro Iffier-(- K L,,
R.J. Kyle, BSc, MD, MHSc, CCFP, FRCPC, FACPM
Commissioner & Medical Officer of Health
If you require this information in an accessible format, please contact the Durham Health Connection Line at 1-800-841-2729.
51
Clatiagton
Memo
Planning Services Department
If this information is required in an alternate format, please contact the Accessibility
Co-ordinator at 905-623-3379 ext. 2131
To: Mayor and Members of Council
From: Carlo Pellarin, Manager Development Review
Date: March 8, 2019
Subject: Regional Waste Pick-up for Residential Development with Private Roads
File: PLN 31.24
This memorandum is in response to a request from Regional Councillor Neal with
respect to Region of Durham requirements for waste pick up in multi -unit residential
developments. In response to the request, Staff have drafted the following resolution be
recommended to Council by Committee.
Whereas the Region of Durham provides residential waste collection to the
residents of Clarington.
Whereas the Municipality of Clarington recognizes the importance of providing
consistent waste collection for all residents, regardless of dwelling type to
achieve best use of the Blue Box and Green Bin programs.
Whereas to achieve this, the Municipality of Clarington encourages all applicants
of multi -unit residential development to comply with the Region of Durham by-law
and regulations for Waste Management Services.
Whereas the Region of Durham By -Law 46-2011 is a By-law regulating the
provision of the Waste Management Services under the jurisdiction of The
Regional Municipality of Durham. Schedule "P" to the By-law requires all private
roads in multi -residential developments used by Regional Waste vehicles be a
minimum of 6.5 metres in width and provide a minimum of 13 metres in turning
radii.
Whereas the Region of Durham Works Department staff is proposing to review
existing policies and by-laws related to the provision of waste collection services,
including on multi -residential developments.
Now therefore, the Municipality of Clarington requests that part of the review by
Regional Works and Planning Staff be the consideration of reducing minimum
private road width and turning radii requirements to match those of the Ontario
Fire Code for fire truck access on private roads, 6.0 m and 12 metres
respectively.
The Corporation of the Municipality of Clarington
40 Temperance Street, Bowmanville ON L1 C 3A6 1905-623-3379
Page 12
Yours truly,
Carlo Pellarin
Manager, Development Review
Planning Services Department
I:\^Department\PLN Files\PLN 31 Urban Design\PLN31.24 Waste Management Service Guidelines\MEMO_MMC _ROD Waste Pickup_Resid Private Rds_March'8'19.docx
Presentations and Handouts
Application By:
Aspen Gardens Ltd. (Kaitlin)
Proposed Draft Plan of Subdivision and Rezoning to permit a 136 -unit
Residential Subdivision
(Northwest corner of Baseline Road and Green Road, Bowmanville)
Public Meeting: March 11, 2019
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