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HomeMy WebLinkAbout2020-05-19 MinutesClarhWWn If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 Planning and Development Committee Minutes Date: May 19, 2020 Time: 7:00 PM Location: Council Chambers, 2nd Floor Municipal Administrative Centre 40 Temperance Street Bowmanville, Ontario Present Were: Mayor A. Foster Present by Electronic Councillor G. Anderson, Councillor R. Hooper, Councillor J. Jones, Means: Councillor J. Neal, Councillor C. Traill, Councillor M. Zwart Staff Present: J. Gallagher, L. Patenaude Present by Electronic A. Allison, F. Langmaid, C. Pellarin, K. Richardson, C. Strike, T. Means: Webster 1. Call to Order Mayor Foster called the meeting to order at 7:00 PM. 2. Land Acknowledgment Statement Councillor Neal led the meeting in the Land Acknowledgement Statement. 3. New Business — Introduction Suspend the Rules Councillor Neal declared an indirect interest in the delegation of John McDermott regarding Report PSD-015-20, Proposed Official Plan Amendment and Rezoning to Implement the Bowmanville Neighbourhood Character Study, as it relates to his law practice. Councillor Neal muted his audio and video and refrained from discussion on this matter. Resolution # PD-055-20 Moved by Councillor Zwart Seconded by Councillor Anderson That the Rules of Procedure be suspended to add John McDermott as a delegation to the Agenda. Carried 1 Planning and Development Committee Minutes of May 19, 2020 4. Adopt the Agenda Resolution # PD-056-20 Moved by Councillor Hooper Seconded by Councillor Zwart That the Agenda for the Planning and Development Committee meeting of May 19, 2020 be adopted as presented, with the addition of John McDermott as a delegation. Carried 5. Declaration of Interest Councillor Neal declared an indirect interest in Report PSD-015-20 Proposed Official Plan Amendment and Rezoning to Implement the Bowmanville Neighbourhood Character Study and all related delegations and motions referring to the Report. 6. Announcements Members of Committee announced upcoming community events and matters of community interest. 7. Adoption of Minutes of Previous Meeting There are no minutes of previous meetings to be adopted, as the previous meeting was the Joint General Government and Planning and Development Committee meeting of April 27-28, 2020 and the minutes have been approved, although the Committee acknowledged their absence. 8. Public Meetings 8.1 Public Meeting for a Proposed Zoning By-law Amendment, for a Redlined Revision to Draft Approved Plan of Subdivision Cindy Strike, Principal Planner, made a verbal and electronic presentation to the Committee regarding the application. No one spoke in opposition to, or support of, the application. Recess Resolution # PD-057-20 Moved by Councillor Neal Seconded by Councillor Anderson That the Committee recess for five minutes to enable Staff to ensure members of the public are connected remotely to the meeting. Carried The meeting reconvened at 7:33 PM with Mayor Foster in the Chair. 1 Planning and Development Committee Minutes of May 19, 2020 Scott Waterhouse was present on behalf of the Applicant, Brookfield Residential (Ontario) Ltd., to answer questions from Members of Committee. 9. Delegations 9.1 Hugh Allin, Regarding Agricultural Land Use Adjacent to the Urban Boundary in North Newcastle Hugh Allin was present, via electronic means, regarding Agricultural Land Use Adjacent to the Urban Boundary in North Newcastle. Mr. Allin thanked Committee for the opportunity to speak regarding the adjacent land use conflicts between his livestock farm and the new proposed development in Newcastle Village. He noted that the main issue is the potential of conflicts if housing development is allowed to be near agricultural areas, especially as it relates to complaints of farming odors. Mr. Allin explained the two types of Minimum Distance Separation (MDS) and added that when he built his livestock farm, he complied with MDS 2. He noted that his facility is currently empty and he has depopulated three times. Mr. Allin explained that he is hesitant to start production because it is an inappropriate location for livestock production with the proposed residential plans. He added that he is also concerned about the risk of more harassment due to odors created at his facility. Mr. Allin thanked Faye Langmaid, Acting Director of Planning Services and Councillor Traill for providing him with an information package and referenced information contained in package pertaining to timelines. He noted that moving the urban boundary to the edge of his farm is ignoring the environmental standards intended for protection of agriculture. Mr. Allin concluded stating that, with no commitment to enforce the standards, he would like the urban boundary moved back behind the area identified that is being affected by the odors of his livestock operation. Resolution # PD-058-20 Moved by Councillor Neal Seconded by Councillor Anderson That the delegation of Hugh Allin be referred to staff to report back on the delegation and, in particular, whether the MDS 1 requirement should have been applied when the settlement boundary was expanded. Referred Resolution # PD-059-20 Moved by Councillor Neal Seconded by Councillor Anderson That Resolution #PD-058-20 be referred to the next Regular Council Meeting dated May 25, 2020. Carried 2 Planning and Development Committee Minutes of May 19, 2020 9.2 Steve Hennessey, Regarding PSD-015-20 Proposed Official Plan Amendment and Rezoning to Implement the Bowmanville Neighbourhood Character Study Councillor Neal declared an indirect interest in Report PSD-015-20, Proposed Official Plan Amendment and Rezoning to Implement the Bowmanville Neighbourhood Character Study, as it relates to his law practice. Councillor Neal muted his audio and video and refrained from discussion on this matter. Steve Hennessey was present via electronic means regarding Report PSD-015- 20, Proposed Official Plan Amendment and Rezoning to Implement the Bowmanville Neighbourhood Character Study. Mr. Hennessey noted that he owns a property in Area 3 and didn't realize the significance of the proposed changes when he spoke at the January 13, 2020 Public Meeting. He stated his concerns for not being able to build a 3-story home and added that the amendment will drastically change the property values. Mr. Hennessey agreed with the proposed changes to Areas 1 and 2 because they are very scenic and contain historical properties. He concluded by noting he is glad that the hospital is expanding and hope to see progress on the GO Train as it will add more to Downtown Bowmanville. Recess Resolution # PD-060-20 Moved by Councillor Anderson Seconded by Councillor Hooper That the Committee recess for 10 minutes. Carried The meeting reconvened at 9:13 PM with Mayor Foster in the Chair. 9.3 Andrew Rice, Regarding PSD-015-20 Proposed Official Plan Amendment and Rezoning to Implement the Bowmanville Neighbourhood Character Study Councillor Neal declared an indirect interest in Report PSD-015-20, Proposed Official Plan Amendment and Rezoning to Implement the Bowmanville Neighbourhood Character Study, as it relates to his law practice. Councillor Neal muted his audio and video and refrained from discussion on this matter. Andrew Rice was present via electronic means regarding Report PSD-015-20, Proposed Official Plan Amendment and Rezoning to Implement the Bowmanville Neighbourhood Character Study. Mr. Rice thanked the Committee and Staff for allowing him to express his concerns. Mr. Rice explained that the trees are important to the character of the neighbourhood and noted the proposed amendment provides no protection to the trees. He questioned if the intent of the new guideline is to restrict two story homes and how many properties will be legal non -conforming and negatively impacted. Mr. Rice concluded by answering questions from Members of Committee. 3 Planning and Development Committee Minutes of May 19, 2020 9.4 John McDermott, McDermott & Associates Limited, Regarding Report PSD-015-20 Proposed Official Plan Amendment and Rezoning to Implement the Bowmanville Neighbourhood Character Study Councillor Neal declared an indirect interest in Report PSD-015-20, Proposed Official Plan Amendment and Rezoning to Implement the Bowmanville Neighbourhood Character Study, as it relates to his law practice. Councillor Neal muted his audio and video and refrained from discussion on this matter. John McDermott, McDermott & Associates Limited, was present via electronic means regarding Report PSD-015-20 Proposed Official Plan Amendment and Rezoning to Implement the Bowmanville Neighbourhood Character Study. He advised the Committee that he was retained by Mr. Rice who owns properties in the area. Mr. McDermott asked the Committee for clarification on the following: street line measurements, yard requirements listed in the By-law Section 12.2.1 B, how many properties will become non -conforming and how many will have trouble selling in the future, how was the averages data collected/determined, garages, and what is the rationale for established building lines, if it has been tested and how it worked. He concluded by suggesting Committee consider a 9m height as the minimum because it is hard to build a home with a smaller height. Mr. McDermott answered questions from Members of Committee. 10. Communications — Receive for Information There are no Communication Items to be received for information. 11. Communications — Direction 11.1 James Rilett, Vice President, Central Canada, Restaurants Canada, Regarding Patio Capacity Councillor Neal returned to the meeting. Resolution # PD-061-20 Moved by Councillor Hooper Seconded by Councillor Traill That the correspondence Item 11.1, from James Rilett, Vice President, Central Canada, Restaurants Canada, regarding Patio Capacity, be referred to the Engineering Services Department to consult with the three Clarington Business Improvement Areas and Clarington restaurant owners who have an interest in increasing their patio area. Carried 12 Planning and Development Committee Minutes of May 19, 2020 Resolution # PD-062-20 Moved by Councillor Anderson Seconded by Councillor Hooper That the Rules of Procedure be suspended to allow Members of Committee to speak to the foregoing Resolution #PD-061-20 for a second time. Carried That the foregoing Resolution #PD-061-20 was then put to a vote and carried. 11.2 Stacey Hawkins, Executive Director, Durham Region Home Builders' Association, Regarding Report PSD-015-20 Proposed Official Plan Amendment and Rezoning to Implement the Bowmanville Neighbourhood Character Study Councillor Neal declared an indirect interest in Report PSD-015-20, Proposed Official Plan Amendment and Rezoning to Implement the Bowmanville Neighbourhood Character Study, as it relates to his law practice. Councillor Neal muted his audio and video and refrained from discussion on this matter. Resolution # PD-063-20 Moved by Councillor Zwart Seconded by Councillor Anderson That Communication Item 11.2 from Stacey Hawkins, Executive Director, Durham Region Home Builders' Association, be referred to the consideration of Report PSD-015-20 Proposed Official Plan Amendment and Rezoning to Implement the Bowmanville Neighbourhood Character Study. Carried 12. Presentations 12.1 Tracey Webster, Senior Planner, Planning Services, Regarding Report PSD-015-20 Proposed Official Plan Amendment and Rezoning to Implement the Bowmanville Neighbourhood Character Study Councillor Neal declared an indirect interest in Report PSD-015-20, Proposed Official Plan Amendment and Rezoning to Implement the Bowmanville Neighbourhood Character Study, as it relates to his law practice. Councillor Neal muted his audio and video and refrained from discussion on this matter. 5 Planning and Development Committee Minutes of May 19, 2020 Tracey Webster, Senior Planner, Planning Services, was present via electronic means regarding Report PSD-015-20, Proposed Official Plan Amendment and Rezoning to Implement the Bowmanville Neighbourhood Character Study. She made a verbal presentation to accompany an electronic presentation. Ms. Webster noted the lands subject to the proposed Zoning By-law amendment are parts of Elgin, Central and Memorial Neighbourhoods in Bowmanville. She added that the lands within the Study Areas are on the west side of Liberty Street and within the local corridor identified in the Official Plan. Ms. Webster explained the purpose of the amendments are to provide better zoning regulations and policies that ensure future development is complimentary and respects the existing character of the established neighborhoods. She stated that the lands are primarily zoned Urban Residential Type One (R1), which permits detached, semidetached and duplex dwellings. Ms. Webster added that the existing zoning regulations do not account for the character of the existing neighbourhoods when dealing with height, setbacks and lot coverage. She noted that the proposed zoning by-law recommends changes to the R1 zoning regulations to help ensure future development is compatible with the existing neighborhood. Ms. Webster explained the background of the report that included resident concerns regarding incompatible development, interim control by-law, direction to study the neighbourhoods' character, and retained MHBC to conduct the study. She noted that staff took the final recommendations from the study to create amendments to the Zoning By-law to change the permissions for setbacks, lot coverage, landscaped open space, building height and regulations for garages. Ms. Webster stated the changes to the R1 zoning regulations are proposed to be implemented by adding a "character overlay" to the Zoning By-law and added that the changes made since the January 13,2020 Public Meeting are for building height, established building line, front and exterior side yard setback, porches, garage doors and entrances for apartment -in-house. Alter the Agenda Resolution # PD-064-20 Moved by Councillor Anderson Seconded by Councillor Hooper That the Agenda be altered to consider Report PSD-015-20 Proposed Official Plan Amendment and Rezoning to Implement the Bowmanville Character Study, at this time. Carried n Planning and Development Committee Minutes of May 19, 2020 Resolution # PD-065-20 Moved by Councillor Zwart Seconded by Councillor Hooper That Report PSD-015-20 be received; That the Official Plan Amendment contained in Attachment 1 of Report PSD-015-20 be approved; That the Zoning By-law Amendment contained in Attachment 2 of Report PSD-015-20, be approved; That in accordance with Section 45(1.4) of the Planning Act, Council permit minor variance applications to be submitted for the lands subject to the Zoning By-law Amendment contained in Attachment 2, provided the application is accompanied by a character analysis; That a By-law to repeal Interim Control By-law 2018-083 be forwarded to Council for adoption once the Zoning By -Law Amendment contained in Attachment 2 is in full force and effect; That the Durham Regional Planning and Economic Development Department, the Ministry of Municipal Affairs and Housing and the Municipal Property Assessment Corporation be forwarded a copy of Report PSD-015-20; and That all interested parties listed in Report PSD-015-20 and any delegations be advised of Council's decision. Carried 13. Planning Services Department Reports 13.1 PSD-014-20 Applications by Brookfield Residential (Ontario) Ltd. for a Redline Revision to a Draft Approved Plan of Subdivision and Rezoning, east side of Regional Road 17, Newcastle Councillor Neal returned to the meeting. Resolution # PD-066-20 Moved by Councillor Zwart Seconded by Councillor Anderson That Report-014-20 be received; That the application for redline revision to Draft Approved Plan of Subdivision submitted by Brookfield Residential (Ontario) Limited for lot adjustments be supported subject to conditions as contained in Attachment 2 of Report PSD-014-20; That the Zoning By-law Amendment application submitted by Brookfield Residential (Ontario) Limited be approved and that the Zoning By-law as contained in Attachment 3 of Report PSD-014-20 be passed; 7 Planning and Development Committee Minutes of May 19, 2020 That once all conditions contained in the Clarington Official Plan with respect to the removal of the (H) Holding Symbol are satisfied, the By-law authorizing the removal of the (H) Holding Symbol be approved; That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-014-20 and Council's decision; and That all interested parties listed in Report PSD-014-20 and any delegations be advised of Council's decision. Carried 13.2 PSD-015-20 Proposed Official Plan Amendment and Rezoning to Implement the Bowmanville Neighbourhood Character Study Report PSD-015-20 was considered earlier in the meeting. 14. New Business — Consideration 15. Unfinished Business No Reports. 16. Confidential Reports No Reports. 17. Adjournment Resolution # PD-067-20 Moved by Councillor Neal Seconded by Councillor Traill That the meeting adjourn at 10:41 PM. Carried Chair 0 Deputy Clerk