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HomeMy WebLinkAbout2019-06-24 PD Minutes Clarftwn Planning and Development Committee Minutes June 24, 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 Monday, June 24, 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, Councillor C. Traill (arrived to the meeting at 7:02 PM), Councillor M. Zwart Staff Present: A. Allison, D. Seaman, R. Maciver, F. Langmaid, C. Pellarin, K. Richardson, J. Gallagher, 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 Suspend the Rules Resolution #PD-097-19 Moved by Councillor Hooper, seconded by Councillor Jones That the Rules of Procedure be suspended; and That the following individuals be added as a delegations regarding the Presentation from Tracey Webster and Amy Burke, Joint Project Managers - Zone Clarington, regarding Agricultural Land Uses and Environmental Protection: x Charlene and Adam Stephenson x Rob Whitehead x Daniel Moriarity, Urban Planner, IBI Group Carried - 1 - Clarftwn Planning and Development Committee Minutes June 24, 2019 Alter the Agenda Resolution #PD-098-19 Moved by Councillor Zwart, seconded by Mayor Foster That the Agenda be altered to consider Item 11.1, Presentation from Tracey Webster and Amy Burke, Joint Project Managers - Zone Clarington, regarding Agricultural Land Uses and Environmental Protection, at this time. Carried Resolution #PD-099-19 Moved by Councillor Anderson, seconded by Mayor Foster That the Agenda for the Planning and Development Committee meeting of June 24, 2019 be adopted as presented addition of the delegations of: x Charlene and Adam Stephenson x Rob Whitehead x Daniel Moriarity, Urban Planner, IBI Group Carried 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-100-19 Moved by Councillor Hooper, seconded by Mayor Foster That the minutes of the regular meeting of the Planning and Development Committee, held on June 3, 2019, be approved. Carried 7 Public Meetings There were no Public Meetings. - 2 - Cladwwn Planning and Development Committee Minutes June 24, 2019 11.1 Tracey Webster and Amy Burke, Joint Project Managers - Zone Clarington, regarding Agricultural Land Uses and Environmental Protection Tracey Webster and Amy Burke, Joint Project Managers - Zone Clarington, were present regarding Agricultural Land Uses and Environmental Protection. They made a verbal presentation to accompany an electronic presentation. Ms. Burke explained that they will be providing information on the ZONE Clarington initiative and more specifically discussing the draft zoning by-law released in November 2018 as it relates to agricultural land uses and environmental protection. Ms. Webster advised the Committee that the Planning Act sets out the ground rules for land use planning in Ontario. She stated that the Provincial Policy Statement (PPS) contains policy direction on matters of Provincial interest and includes strong policy direction to protect the Province's environmental features and agricultural resources, and to direct development away from natural hazards. Ms. Webster outlined the definition of Environmental Features and explained that the PPS does not permit development within environmental features. She stated that the policies of the PPS are reinforced through Provincial plans that are applied to Clarington's rural areas. Ms. Webster advised the Committee that the Clarington Official Plan was updated in 2017 and included an update to the natural heritage system comprising of environmental features to be consistent with the PPS, the "Greenbelt Plan", the "Region of Durham Official Plan" policies, and the work of the Conservation Authorities. Ms. Burke stated that environmental protection area designation in the Official Plan protects wetlands, fish habitat and riparian corridors, valleylands, significant woodlands, areas of natural and scientific interest (ANSIs), beach bluffs, and floodplains. She explained the reasons why environmental features must be protected and a brief history of how the Municipality of Clarington has been protecting environmental features. Ms. Webster advised the Committee that the EP zone in Zoning By-law 84-63 only covers what had been identified as flood plain when it was created 35 years ago, that mapping capabilities have improved greatly, and there has been increasing recognition in the importance of protecting our Environmental Features. She noted that the proposed draft zoning by-law permits the continuation of farm uses on lands that are currently under production within the proposed EP zone. Ms Webster explained that restrictions are only applied to new buildings and structures and if a use does exist in the EP zone and there is a need to expand upon that use that may be accomplished through planning approvals. Ms. Burke and Ms. Webster addressed frequently asked questions and concerns from the public. Ms. Webster clarified that the zoning has not changed and that Zoning By-law 84-63 and Zoning By-law 2005-109 remain in effect. Ms. Burke highlighted the guiding principles for Zone Clarington and provided an overview of the work program. She explained that the first draft zoning by-law was released in November 2018 and that four public open houses were held in addition to meetings with organizations and stakeholder groups and a further open house will be held. Ms. Burke explained that prior to the statutory public meeting prescribed under the Planning Act, two draft zoning by-laws and two rounds of public open house sessions will be held to solicit public input. She concluded by highlighting the next steps and where Zone Clarington information can be found online. - 3 - Clarftwn Planning and Development Committee Minutes June 24, 2019 8 Delegations 8.1 Peter Hoekstra, Regarding Agricultural Land Uses and Environmental Protection Peter Hoekstra advised the Municipal Clerk's Department, prior to the meeting that he would be unable to attend as a delegation. 8.2 Joe Kay, Regarding Agricultural Land Uses and Environmental Protection Joe Kay was present regarding Agricultural Land Uses and Environmental Protection. Mr. Kay stated that he is concerned with the mapping and that there was a lot of EP lands identified. He mentioned that he would like the Municipality of Clarington to embrace the agricultural community as a friend not a foe. Mr. Kay stated that he would like to find a fair solution to the issue and that he is concerned about his land uses and livelihood. He explained that he was not made aware of the proposal until he read a newspaper article. Mr. Kay stated that there is zero evidence that future buildings and farming are being abused on the proposed land. 8.3 Gord Robinson, Regarding Agricultural Land Uses and Environmental Protection Gord Robinson was present regarding Agricultural Land Uses and Environmental Protection. Mr. Robinson is concerned with how new zoning will impact rural areas and agricultural areas. He would like to know the justifications for the zoning changes and if the direction came from the conservation authority. Mr. Robinson explained that he understands that EP land is important but he concerned that the value of the land will decrease and affect young farmers. He advised the Committee that agricultural is the leading industry in Clarington and now there will be more restrictions. Mr. Robinson explained that he has received numerous calls from concerned residents. He asked that the Municipality of Clarington put the brakes on all the properties that have had their zoning changed and go back and take a look at the Official Plan. 8.4 Brian and Mary-Lynne Layng, Regarding Agricultural Land Uses and Environmental Protection Brian Layng was present regarding Agricultural Land Uses and Environmental Protection. Mr. Layng explained that his land has never been zoned EP. He noted that he has owned the property for over 50 years, and was not made aware of the proposal. Mr. Layng would like to know who is responsible for conducting the environmental study, and who they would work for. He would also like to know if he will he be reimbursed for the costs of any studies that need to be completed in order to obtain approvals. Mr. Layng explained that he has been a real estate agent for 36 years and the value of properties zoned EP will decrease. He stated that when the time comes to make a final decision on the proposal that the Committee turn the proposal down. - 4 - Clarftwn Planning and Development Committee Minutes June 24, 2019 8.5 Esther Sims, Regarding Agricultural Land Uses and Environmental Protection Esther Sims was present regarding Agricultural Land Uses and Environmental Protection. Ms. Sims explained that she is representing herself and two other property owners. She would like the Committee to look at the proposal now before it is passed and make changes. Ms. Sims advised the Committee that she was not made aware of the proposal. She noted the EP changes affect all properties no matter the size. Ms. Sims explained that her land went from zero EP to 100% EP. She would like the Municipality of Clarington to look at the mapping in detail, as a seasonal stream may not be the same environmental feature at different time throughout the season. Ms. Sims stated that there needs to be more notice to residents. 8.6 Steve Chandler, Regarding Agricultural Land Uses and Environmental Protection Steve Chandler was present regarding Agricultural Land Uses and Environmental Protection. Mr. Chandler explained that he owns a 30 acre property that has an Al zoning which is currently 5% EP but will now be 90% EP. He would like to know the basis of the EP changes. Mr. Chandler noted that that there was no consideration for the homeowner when proposing these EP changes. He stated that there should be impact studies done highlighting the adverse effects on the homeowner. Mr. Chandler explained that the EP designation restricts and limits homeowners with no guarantee for approval of future projects. He asked the Committee to clarify where he can find information on what he can and cannot do on his property. Mr. Chandler noted that the proposal is too restrictive, and will result in financial loses. He requested a site visit to his property to remedy the concerns of the proposed EP land. Recess Resolution #PD-101-19 Moved by Councillor Traill, seconded by Mayor Foster That the Committee recess for 10 minutes. Carried The meeting reconvened at 9:20 PM with Councillor Neal in the Chair. 8.7 Susan Shane, Regarding Agricultural Land Uses and Environmental Protection Susan Shane was present regarding Agricultural Land Uses and Environmental Protection. Ms. Shane explained that she is concerned with the proposed zoning will limit what residents can do on their own properties. She noted that she owns a business on Highway 115 and the changes to the zoning will decrease the value of her property and stifle new endeavours. Ms. Shane explained that many people purchased property as their retirement plans and if the proposal goes through it will diminish their retirement - 5 - Clarftwn Planning and Development Committee Minutes June 24, 2019 finances. She advised the Committee that there was a lack of transparency to land owners that would be effected by the proposed changes. Ms. Shane explained that notice of the changes were advertised in the newspaper and online, but a letter was never sent to her property directly. She noted that the current zoning on her property is C4-7 and will become RC 2.3 if the proposal is approved, reducing the options available for development and the value of the property. Ms. Shane explained that everyone who is affected by the changes should have a say. 8.8 Harry Schillings, Regarding Agricultural Land Uses and Environmental Protection Harry Schillings was present regarding Agricultural Land Uses and Environmental Protection. Mr. Schillings explained that he owns property in Clarington and would like clarification about who would pay for the environmental impact study. He noted that in the past when he had an environmental study done he had to pay. Mr. Schillings recalled a previous experience and the process, in regards to mapping and environmental features on his property. He stated that he should have received notice on his tax bill. 8.9 Corinne Turansky, Regarding Agricultural Land Uses and Environmental Protection Corinne Turansky, Hugh Allen and Brad Miller, were present regarding Agricultural Land Uses and Environmental Protection. Ms. Turansky explained that there was a communication shortfall which affected over 6000 residents. Mr. Allen stated that he has a tile drain on his property that carries water when it rains and it is now considered EP. He mentioned that he met with Planning staff regarding a proposal for high density on the boarder and the affects it will have on his livestock operations. Mr. Allen would like to know who is the final authority. Mr. Miller stated that there is a stream on his property that does not exist unless there is heavy rain. He noted that his property will now be designated 90% EP. Mr. Miller would like the Committee to take a drive or ask local residents for a walk through of their properties to better understand their concerns. 8.10 John Albi, Regarding Agricultural Land Uses and Environmental Protection John Albi, was present regarding Agricultural Land Uses and Environmental Protection. Mr. Albi advised the Committee that many of his questions have been answered and understands the process better now. He stated that there was a problem of communication to the resident. Mr. Albi explained that his whole property will now be designated EP and it wasn't before. He advised the Committee that he has no faith that he will get the answer he wants to the concerns he has with designating his whole property EP. Mr. Albi is concerned about the farmers and their future in Clarington. He noted that the residents have been let down through this whole process. - 6 - Clarftwn Planning and Development Committee Minutes June 24, 2019 8.11 Charlene and Adam Stephenson, Regarding Agricultural Land Uses and Environmental Protection Charlene and Adam Stephenson, were not present. 8.12 Rob Whitehead, Regarding Agricultural Land Uses and Environmental Protection Rob Whitehead, was present regarding Agricultural Land Uses and Environmental Protection. Mr. Whitehead read a letter from 2008 addressed to Clarington Council regarding the zoning of his property. He explained that the EP designation decreases the value of his property and removes the freedom to live on his land. Mr. Whitehead noted that EP land will only benefit the people who get the money. 8.13 Daniel Moriarity, Urban Planner, IBI Group, Regarding Agricultural Land Uses and Environmental Protection Daniel Moriarity, Urban Planner, IBI Group, was present regarding Agricultural Land Uses and Environmental Protection. Mr. Moriarity stated that he represents the owners of 0 Courtice Road and 1766 Baseline Road. He expressed support in the Municipality of Clarington's position in requesting that the lands of 0 Courtice Road be brought into the urban boundary through Envision Durham. Mr. Moriarity requested that staff and the Committee consider the impact of the expanded EP lands. He mentioned that Communication Item 10.2 of this meeting, highlights discrepancies within the proposed EP designation. Mr. Moriarity requested that an additional provision be added stating that, "should lands be brought into the urban boundary following the adoption and enactment of the comprehensive zoning by-law, that the required buffer limits for an environmental feature be transitioned from the rural requirement of 30 metres to 15 metres. Suspend the Rules Resolution #PD-102-19 Moved by Mayor Foster, seconded by Councillor Anderson That the Rules of Procedure be suspended; and That Steve Shine be added as a delegation regarding, Agricultural Land Uses and Environmental Protection. Carried - 7 - Clarftwn Planning and Development Committee Minutes June 24, 2019 8.14 Steve Shine, Regarding Agricultural Land Uses and Environmental Protection Steve Shine was present regarding Agricultural Land Uses and Environmental Protection. Mr. Shine stated that he owns 140 acres in Clarington and it will be affected by the proposed changes to EP lands. He explained that there are many more people in attendance in other rooms, and it takes away from their ability to make an impact on these meetings. Mr. Shine noted that he found out about the proposal from a local resident through the newspaper and he stated that notice in that manner should not continue. He stated that currently 15 acres of his property is EP but will be expanded to 97%. Mr. Shine advised the Committee the value of his property will be affected. He noted that the planning staff talk in good faith but there is no assurance for permit approvals in the future. Mr. Shine would like to know why the Municipality of Clarington is rezoning. He stated that he believes a lot of the mapping has come from the Central Lake Ontario Conservation Authority. Resolution #PD-103-19 Moved by Councillor Zwart, seconded by Councillor Jones That, as part of the Zone Clarington exercise, Staff be directed to report back on a process whereby Official Plan amendments made to correct errors in Environmental Protection designations in Clarington's Official Plan be made at no cost to the property owner. Carried Councillor Neal left the Chair. Mayor Foster chaired this portion of the meeting. Resolution #PD-104-19 Moved by Councillor Traill, seconded by Councillor Jones Whereas the Municipality of Clarington adopted a new comprehensive Official Plan which came into effect in 2018; Whereas in November, 2018 Clarington released the first draft of the new zoning by-law to consolidate the existing Zoning By-law 84-63 and Zoning By-law 2005-109 and such review process has been assigned the name Zone Clarington; Whereas the new draft zoning by-law included updated general provisions and definitions that apply to all of Clarington, and zone categories and mapping for Clarington's rural areas; Whereas residents are concerned because the new draft zoning by-law does not delete the restrictions on agriculture uses within the Natural Core and Natural Link Areas of the Oak Ridges Moraine, as defined within the Oak Ridges Moraine Act and the Oak Ridges Moraine Conservation Plan; - 8 - Cladwwn Planning and Development Committee Minutes June 24, 2019 Whereas the new draft zoning By-Law may also contain an arbitrary additional buffer of approximately thirty metres for all proposed re-designations to Environmental Protection; Whereas Clarington residents affected by the proposed zoning changes, and particularly those landowners whose properties or portions thereof with be adversely affected; Whereas residents of Clarington detrimentally affected by the proposed changes have not received adequate notice in order to provide cogent input into the proposed re- designations; Whereas, the Zone Clarington project team has now moved into the third phase of the project that will determine the zone categories and mapping for the urban areas of Courtice, Bowmanville, and Newcastle; Whereas, until a new Clarington Zoning By-law is approved by Council, the existing zoning by-laws will remain in full force and effect; Whereas, Members of Council and the Zone Clarington Team are guided by the following principles: x To implement the Official Plan, helping Clarington to develop and thrive x To modernize and improve usability of the Zoning By-law x To respect our unique mix of urban and rural communities Whereas, Members of Council and the Zone Clarington Team are committed to ensuring they are accountable to the public for their actions as required by Clarington Corporate Policy # F011 Transparency and Accountability; Whereas, Policy F011 has two guiding principles: x Accountability the Municipality of Clarington is responsible to its stakeholders for decisions made and policies implemented, as well as its actions or inactions. x Transparency the Municipality of Clarington actively encourages and fosters stakeholder participation, clarity and openness in the decision making processes; Whereas, many Clarington property owners claim the notifications made to individual taxpayers did not mention that approximately 50% of Clarington lands would be designated to Environmental Protection (EP) in the Official Plan; Whereas, the geographic area of Clarington totals 151,000 acres, and the Municipality has geographic area which is greater than the combined total geographic areas of the Municipalities of Pickering (57,229 acres), Ajax (16,576 acres), Whitby (36,211 acres) and Oshawa (36,000 acres); Whereas, currently 37,140 acres of Clarington lands are zoned Environmental Protection (EP), representing 25% of Clarington's 151,000 acres; - 9 - Clarftwn Planning and Development Committee Minutes June 24, 2019 Whereas the Zone Clarington Draft Zoning By-law for the rural portion of the Municipality of Clarington proposes to increase by 90% these EP lands by adding another 33,600 acres of land (another 22% of Clarington's 151,000 acres) to these existing Environmental Protection lands; Whereas, this phase of the Draft Zoning By-law process the Zone Clarington Team will expand the EP lands in these urban areas by applying the same criteria and principles used to expand EP lands in the rural areas of Clarington, with a net result of approximately 50% of Clarington lands will be rezoned EP; Whereas, the Commissioner of Planning and Economic Development for the Regional Municipality of Durham, as the approval authority, made a decision on June 19, 2017 to approve Amendment No. 107 to the Municipality of Clarington Official Plan as adopted by Council of the Municipality of Clarington on November 1, 2016, subject to modifications and deferrals under Subsection 17(34) of the Planning Act, R.S.O., c.P.13, as amended; Whereas, the last date to file a Notice of Appeal was July 10, 2017, therefore the Clarington Official Plan has been approved; Whereas, the Ontario Municipal Act-Section 9 — Powers of Natural Person states: "A municipality has the capacity, rights, powers and privileges of a natural person for the purposes of exercising its authority under this or any other Act; Whereas, many Clarington property owners claim the notices given to property owners by the Municipality of Clarington were not consistent with the notification process required by the Municipality of Clarington as specified on the Clarington website which explains the steps involved with the rezoning application process; Whereas, excerpts from the "Rezoning Application" section of the Municipality of Clarington website states: x rezoning application is a request to change current Zoning By-law provisions as they apply to your property. x Before submitting an application, the property owner/applicant must consult with staff and agencies in accordance with the Municipality's pre-consultation procedure. x You will be given information on how to post a sign on the property advertising the rezoning application and the date of the scheduled Public Meeting. x The Municipality will mail notice of your proposal to all property owners within 120 metres (400 feet) of the property boundaries. x The Planning and Development Committee will hold a Public Meeting in the Council Chambers at the Municipal Administrative Centre at 40 Temperance Street in Bowmanville. This is the opportunity for anyone who wants to speak in support of, or in opposition of the application to voice an opinion; Whereas, many Clarington property owners have expressed concerns these rezoning changes will cause them lasting irrevocable detrimental financial damage on their - 10 - Cladwwn Planning and Development Committee Minutes June 24, 2019 families, and will restrict and reduce the enjoyment of current and future uses of their property; Whereas, many Clarington property owners have expressed this EP issue is not just a "farming" issue and they have expressed concerns to Clarington Staff and to Members of Council these rezoning changes will: x reduce the fair market value of their property, x reduce or restrict qualifying for mortgage financing and personal lines of credit, x erase, erode and impede the growth of equity in their property, x reduce the marketability of their property to future buyers, x create for them great personal financial hardship in their retirement years; and x Negatively impact the future sale of their property; Whereas, notwithstanding the Draft Zoning By-law permits "farming" in an EP designated area, many Clarington property owners in the farming community are concerned Conservation Authorities may dictate to the farming community "how to farm" by introducing restrictive farming policies or ban certain farming practices within EP zoned lands and the EP Buffer Zoned lands; Whereas, many Clarington residents have expressed that unbeknownst to them, their lands are now deemed to be within a regulated EP area, and any further development now requires a Conservation Authority permit. This permitting requirement is often discovered when the landowner approaches the municipality for a building permit under the Building Code. What they discover is that the requirements for a building permit under the Building Code are generally clear, however it is often very difficult, expensive and time-consuming to determine what the requirements are for a Conservation Authority permit and whether those requirements can be met by the property owner; Whereas, the Ontario Municipal Act— states: "Section 2. PURPOSES: Municipalities are created by the Province of Ontario to be responsible and accountable governments with respect to matters within their jurisdiction and each municipality is given powers and duties under this Act for the purposes of providing good government with respect to those matters." Whereas, the Ontario Municipal Act— Role of Council states: "Section 224. It is the role of council, a. To represent the public and to consider the well-being and interests of the municipality; b. To develop and evaluate the policies and programs of the municipality; C. To determine which services the municipality provides; d. To ensure that administrative policies, practices and procedures and controllership policies practices and procedures are in place to implement the decisions of council; e. To ensure the accountability and transparency of the operations of the municipality, including the activities of the senior management of the municipality; f. To maintain the financial integrity of the municipality; and - 11 - Cladwwn Planning and Development Committee Minutes June 24, 2019 g. To carry out the duties of council under this or any other Act; Whereas, the Ontario Municipal Act— Section 227 Municipal Administration states "It is the role of the officers and employees of the municipality, a) To implement councils decisions and establish administrative practices and procedures to carry out councils decisions; B) To undertake necessary research and provide advice to council on the policies and programs of the municipality; and C) to carry out duties required under this or any Act and other duties assigned by the municipality; Whereas, the Ontario Municipal Act Section 270 (1) states: "A municipality shall adopt and maintain policies with respect to the following matters: 5. The manner in which the municipality will try to ensure it is accountable to the public for its actions, and the manner in which the municipality will try to ensure that its actions are transparent to the public"; Whereas, Municipality of Clarington Corporate Policy # F011 Transparency and Accountability is a reflection of the municipality fulfilling the requirement by the Province of Ontario as stated in Section 270 of the Ontario Municipal Act,- Whereas, ct,Whereas, Clarington Municipal Staff have been cooperative and helpful in explaining the Zone Clarington process and answering questions as best they can. However neither Members of Council nor Municipal Staff have been able to answer the following questions; And Whereas the Municipality of Clarington is committed to protecting and promoting the rights of all residents across the Municipality and the ability of landowners to plan for their futures and future generations; Now therefore be it resolved: 1. That the Staff Presentation on Agricultural Land Uses and Environmental Protection be received; 2. That Clarington Staff report back on whether the proposed zoning by-law is ultra vires the Oak Ridges Moraine Act and the Oak Ridges Moraine Conservation Plan, as it pertains to "agricultural uses" within Natural Core and Natural Link Areas of the Oak Ridges Moraine; 3. That Clarington Staff report back on whether an additional thirty-metre setback, or any setback, was added to all properties proposed to be re-zoned to Environmental Protection and if so, what justification Staff have for such an expansion of the zoning; 4. That Clarington Staff, the Ganaraska Conservation Authority and the Central Lake Ontario Conservation Authorities visit every property affected by the proposed zoning changes where the existing zoning is being re-zoned to Environmental - 12 - Cladwwn Planning and Development Committee Minutes June 24, 2019 Protection and to provide a written explanation for each proposed change based on the topography, natural heritage features, mapping etc. of the property; 5. That every landowner affected by the Zoning By-Law Amendment be notified of the proposed change in zoning and be invited to provide input, either through a representative or personally, regarding the proposed re-designation; 6. That Clarington defer ratification of any proposed Zoning By-Law Amendment until such time as Council can review the written justifications for each proposed re-designation and the input of each affected landowner; 7. That Staff explore funding options for compensation to landowners adversely affected by a new Zoning By-Law; 8. That after Staff have had an opportunity to provide planning justifications for all proposed zoning re-designations to Environmental Protection, the Municipal Solicitor report to Council with a report outlining legal ramifications of not conforming with the Official Plan with respect to the re-zoning of properties to Environmental Protection which do not have sound planning rationale or which do not have justification to the satisfaction of members of Council; and 9. That all interested parties and any delegations be advised of Council's decision. Motion Divided - Paragraphs 1, 2, 3, 4, 5, and 9 carried as amended and Paragraphs 6, 7 and 8 carried as amended Later in the meeting (See following motions) Resolution #PD-105-19 Moved by Councillor Neal, seconded by Councillor Hooper That the foregoing Resolution #PD-104-19, be divided to vote on the recitals separately from the main motion. Carried Resolution #PD-106-19 Moved by Councillor Neal, seconded by Councillor Anderson That the foregoing Resolution #PD-104-19, be divided to vote on Paragraphs 1, 2, 3, 4, 5, and 9 separately from Paragraphs 6, 7 and 8. Carried - 13 - Cladwwn Planning and Development Committee Minutes June 24, 2019 Resolution #PD-107-19 Moved by Councillor Traill, seconded by Councillor Neal That Paragraphs 1, 2, 3, 4, 5, and 9 of the foregoing Resolution #PD-105-19, as follows be approved: 1. That the Staff Presentation on Agricultural Land Uses and Environmental Protection be received; 2. That Clarington Staff report back on whether the proposed zoning by-law is ultra vires the Oak Ridges Moraine Act and the Oak Ridges Moraine Conservation Plan, as it pertains to "agricultural uses" within Natural Core and Natural Link Areas of the Oak Ridges Moraine; 3. That Clarington Staff report back on whether an additional thirty-metre setback, or any setback, was added to all properties proposed to be re- zoned to Environmental Protection and if so, what justification Staff have for such an expansion of the zoning; 4. That Clarington Staff, the Ganaraska Conservation Authority and the Central Lake Ontario Conservation Authorities visit every property affected by the proposed zoning changes where the existing zoning is being re- zoned to Environmental Protection and to provide a written explanation for each proposed change based on the topography, natural heritage features, mapping etc. of the property; 5. That every landowner affected by the Zoning By-Law Amendment be notified of the proposed change in zoning and be invited to provide input, either through a representative or personally, regarding the proposed re- designation; 9. That all interested parties and any delegations be advised of Council's decision. Carried as Amended Later in the Meeting (See following motions) - 14 - Clarftwn Planning and Development Committee Minutes June 24, 2019 Resolution #PD-108-19 Moved by Councillor Neal, seconded by Councillor Traill That the third paragraph of the foregoing Resolution #PD-107-19 be reworded as follows: 3. That Clarington Staff report back, in general, on whether setbacks were added to properties proposed to be re-zoned to Environmental Protection and if so, what justification Staff have for such expansion of the setbacks; Carried Suspend the Rules Resolution #PD-109-19 Moved by Councillor Hooper, seconded by Councillor Traill That the Rules of Procedure be suspended to allow the meeting to be extended for an additional 30 minutes to 11:30 PM. Carried Resolution #PD-110-19 Moved by Councillor Neal, seconded by Councillor Traill That the fourth paragraph of the foregoing Resolution #PD-107-19 be reworded as follows: 4. That Clarington Staff afford any owners of a property affected by the proposed zoning changes the opportunity to have their properties inspected to verify any Environmental Protection features; Carried on the following recorded vote: Council Member Yes No Declaration of Absent Interest Councillor Neal X Councillor Traill X Councillor Zwart X Councillor Anderson X Councillor Hooper X Councillor Jones X Mayor Foster X - 15 - Clarftwn Planning and Development Committee Minutes June 24, 2019 Resolution #PD-111-19 Moved by Councillor Neal, seconded by Councillor Traill That the fifth paragraph of the foregoing Resolution #PD-107-19 be reworded as follows: 5. That every landowner materially affected by the Zoning By-Law Amendment be notified of the proposed change in zoning in writing where there is an expansion of EP lands, and be invited to provide input, either through a representative or personally, regarding the proposed re- designation; Carried on the following recorded vote: Council Member Yes No Declaration of Absent Interest Councillor Neal X Councillor Traill X Councillor Zwart X Councillor Anderson X Councillor Hooper X Councillor Jones X Mayor Foster X The foregoing Resolution #PD-107-19 was then put to a vote and carried as amended. Councillor Traill withdrew paragraph seven from the Foregoing Resolution #PD-104-19. The Committee then considered Paragraph 6 of Resolution #PD-104-19, with the following new wording. Resolution #PD-112-19 Moved by Councillor Traill, seconded by Councillor Neal That Clarington defer ratification of any proposed Zoning By-Law Amendment until such time as Council can review the written justifications for each proposed re-designation and the input of each affected landowner. Motion Lost on the following recorded vote: Council Member Yes No Declaration of Absent Interest Councillor Neal X Councillor Traill X Councillor Zwart X Councillor Anderson X Councillor Hooper X Councillor Jones X Mayor Foster X - 16 - Clarftwn Planning and Development Committee Minutes June 24, 2019 The Committee then considered Paragraph 8 of Resolution #PD-104-19, with the following new wording. Resolution #PD-113-19 Moved by Councillor Traill, seconded by Councillor Neal That the Municipal Solicitor report to Council with a report outlining legal ramifications of not conforming with the Official Plan with respect to the re-zoning of properties to Environmental Protection which do not have sound planning rationale or which do not have justification to the satisfaction of members of Council. Motion withdrawn (See following motion) Resolution #PD-114-19 Moved by Councillor Traill, seconded by Councillor Anderson That the Municipal Solicitor report to Council with a report outlining legal ramifications of not conforming with the Official Plan. Carried later in the meeting Suspend the Rules Resolution #PD-115-19 Moved by Councillor Anderson, seconded by Councillor Hooper That the Rules of Procedure be suspended to extend the meeting until 11:45 PM. Carried The foregoing Resolution #PD-114-19 was then put a vote and carried on the following recorded vote: Council Member Yes No Declaration of Absent Interest Councillor Neal X Councillor Traill X Councillor Zwart X Councillor Anderson X Councillor Hooper X Councillor Jones X Mayor Foster X - 17 - Clarftwn Planning and Development Committee Minutes June 24, 2019 The Committee then considered the recitals of Resolution #PD-104-19. Resolution #PD-116-19 Moved by Councillor Neal, seconded by Councillor Anderson That the all of the recitals in Resolution #PD-104-19 be struck. Carried Carried on the following recorded vote: Council Member Yes No Declaration of Absent Interest Councillor Neal X Councillor Traill X Councillor Zwart X Councillor Anderson X Councillor Hooper X Councillor Jones X Mayor Foster X Councillor Neal returned to the Chair. 9 Communications - Receive for Information There were no Communications for Information. 10 Communications — Direction 10.1 Matthew Stephenson, Regarding Agricultural Land Uses and Environmental Protection Resolution #PD-117-19 Moved by Mayor Foster, seconded by Councillor Hooper That Communication Item 10.1, from Matthew Stephenson, Regarding Agricultural Land Uses and Environmental Protection, be referred to staff. Carried - 18 - Clarftwn Planning and Development Committee Minutes June 24, 2019 10.2 Amy Emm, Senior Urban Planner, IBI Group, Regarding Clarington's Draft Comprehensive Zoning By-Law - 0 Courtice Road, Courtice, ON Resolution #PD-118-19 Moved by Councillor Jones, seconded by Mayor Foster That the Communication Item 10.2, from Amy Emm, Senior Urban Planner, IBI Group, Regarding Clarington's Draft Comprehensive Zoning By-Law - 0 Courtice Road, Courtice, ON, be referred to staff. Carried 11 Presentation(s) 11.1 Tracey Webster and Amy Burke, Joint Project Managers - Zone Clarington, regarding Agricultural Land Uses and Environmental Protection The Presentation from Tracey Webster and Amy Burke, Joint Project Managers - Zone Clarington, regarding Agricultural Land Uses and Environmental Protection was considered earlier in the meeting. 12 Planning Services Department Reports 12.1 PSD-030-19 Recommendation to Add Two (2) Properties to the Municipal Heritage Register 12.2 PSD-031-19 Proposed Alterations to Designated Heritage Property: 110 Wellington Street, Bowmanville Resolution #PD-119-19 Moved by Mayor Foster, seconded by Councillor Traill That Reports PSD-030-19 and PSD-031-19, be approved on consent. PSD-030-19 Recommendation to Add Two (2) Properties to the Municipal Heritage Register That Report PSD-030-19 be received; That 98 Church Street, Bowmanville be added to the Municipal Register; That 816 Regional Road 17, Newcastle be added to the Municipal Register, and That all interested parties listed in Report PSD-030-19 and any delegations be advised of Council's decision. - 19 - clila go, Planning and Development Committee Minutes June 24, 2019 PSD-031-19 Proposed Alterations to Designated Heritage Property: 110 Wellington Street, Bowmanville That Report PSD-031-19 be received; That permission be granted to repair and/or replace the front steps on the dwelling at 110 Wellington Street, Bowmanville, provided the replacement steps are curved as existing, and in accordance with the applicable Designation By-law 95-029, and Section 33(4) of the Ontario Heritage Act, R.S.O. 1990, Chapter 0.18; and That the Ontario Heritage Trust, the Clarington Heritage Committee, the property owners, and all interested parties listed in Report PSD-031-19 be advised of Council's decision. Carried 13 New 1Dus111eZ5b — Cu1itiiUt:�ratiori There were no New Business Items 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-120-19 Moved by Councillor Traill, seconded by Councillor Anderson That the meeting adjourn at 11:44 PM. Carried Chair Inputt' Clerk - 20 -