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Report To: Planning and Development Committee
Date of Meeting: October 26, 2020 Report Number: PSD-042-20
Submitted By: Faye Langmaid, Acting Director of Planning and Development
Reviewed By: Andrew C. Allison, CAO Resolution#: PD-162-20, PD-163-20,
File Number:
PD-164-20, PD-166-20
Report Subject: PL 1817-010-040-03910 By-law Number:
ReCOnlnlendat%Wt for Minister's Zoning Order at 2423 Rundle Road
1. That Report PSD-042-20 be received;
2. That the Region of Durham be asked whether they would support a Minister's
Zoning Order for 2423 Rundle Road;
3. That the Durham Regional Planning and Economic Development Department and the
Ministry of Municipal Affairs and Housing be forwarded a copy of Report PSD-042-20
and Council's decision; and
4. That all interested parties listed in Report PSD-042-20 and any delegations be
advised of Council's decision.
Municipality of Clarington
Report PSD-042-20
Report Overview
Page 2
Council has been asked to pass a resolution of support for a proposed Minister's Zoning
Order that would create a "Special Purpose Commercial (C4) Zone" at 2423 Rundle Road.
The effect of this change would be to permit a building supply outlet.
At Council's request, notice of this proposal has been sent to all property owners within one
kilometre of the subject site.
Provincial policy, along with Regional and local Official Plan policies direct new development
to locate within urban areas on full municipal services. These policies further reinforce the
rural area as appropriate for agricultural uses and natural heritage preservation. The
proposed commercial use does not conform with these policies.
1. Background Summary
1.1 The proponent chose 2423 Rundle Road as the location for a new Home Hardware
store. A Pre -consultation Meeting was held on February 6, 2020, at which time it was
identified to the proponent that their proposal did not conform with the Provincial Growth
Plan, the Durham Regional Official Plan, the Clarington Official Plan, the current Zoning
By-law nor the proposed rural zoning by-law. A list of requirements were provided to
proceed with the first application, a Regional Official Plan amendment.
1.2 On October 5, 2020, the proponent requested that Council pass a resolution of support
for a proposed Minister's Zoning Order to permit a building supply outlet. A Minister's
Zoning Order is a rarely used tool of the Province to create zoning permission for a
matter of provincial interest. A Minister's Zoning Order prevails over a municipal zoning
by-law.
During the meeting on October 5, resolution #PD-137-20 was passed:
That the foregoing Resolution #PD-136-20 be referred to the next Regular Planning
and Development Committee meeting dated October 26, 2020 for a public meeting;
and
That all residents, within a one kilometre radius of the subject land, be notified of the
public meeting.
1.3 The public notice (Attachment 1) of the October 26, 2020, public meeting was sent by
mail to all 231 property owners within one kilometre of the subject site. In addition, the
Municipality also placed a notice in both local newspapers for the two weeks preceding
the public meeting.
Municipality of Clarington Page 3
Report PSD-042-20
2. Context and History Behind the Current Request
2.1 The owners of the Home Hardware Building Centre dealership located at 246 King
Street East in Bowmanville (Figure 1) have asked Council to support their proposal for a
Minister's Zoning Order. The owners assert that the existing Bowmanville 0.54 Ha site
does not offer their business any room to expand. The owner states that in order to be
competitive in the Bowmanville marketspace, they need to operate on a larger scale.
Figure 1: Home Hardware Building Centre — 246 King Street East, Bowmanville
2.2 At the Planning & Development Committee meeting on October 5, 2020, the proponent
described the search for a location for a new store, which began in 2017. After
investigating several different locations, mainly in Bowmanville, the proponent selected
2423 Rundle Road (subject site) as the location that he would pursue. Other locations
explored included the Durham Auto Planet site (while it was a shuttered Rona store),
the former Target store at Clarington Centre and several industrial locations in
Bowmanville and Orono. The subject site (Figure 2) is located at the southeast corner of
Regional Highway 2 and Rundle Road between Courtice and Bowmanville.
Municipality of Clarington
Report PSD-042-20
Page 4
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Figure 2: Subject Site at 2423 Rundle Road
2.3 At the PDC committee meeting, the proponent confirmed that, if successful in opening a
new store on the subject site, the existing Home Hardware location at 246 King Street
East would be rebuilt to include a modern Home Hardware store with residential units
above. The plan would be to operate two stores serving Bowmanville and the
surrounding area, with the new location being the main store and 246 King Street East
being the secondary location.
Discussions with the owner of the Bowmanville Home Hardware
2.4 As part of their site investigations, the proponent contacted the Clarington Board of
Trade and Economic Development (CBOT). CBOT's Economic Development staff have
worked with the owners of Home Hardware to help identify opportunities and challenges
for several properties. This specific proposal was not discussed or voted on at any of
CBOT's Board meetings. To respect the process and confidentiality it is the practice of
CBOT's Board not to vote on matters concerning individual projects as they move
through the development process.
Municipality of Clarington
Report PSD-042-20
Page 5
2.5 After deciding to pursue the Rundle Road property for a new Home Hardware location,
the proponent approached the Planning and Development Services Department at the
end of 2019. In keeping with the municipal approvals process, a concept plan (Figure
3) was prepared in advance of a Pre -consultation Meeting with Municipal staff and
agencies to review development requirements.
2.6 The Pre -consultation Meeting was held on February 6, 2020, at which time it was
identified to the proponent that their proposal did not conform with Provincial Growth
Plan, the Durham Regional Official Plan, the Clarington Official Plan, the current Zoning
By-law nor the proposed rural zoning by-law.
2.7 For their proposal to proceed, the proponent was told that they would first need to
submit and receive approval for a Regional Official Plan Amendment. The Region
advised the proponent that it was unlikely that Regional Staff would support this
application due to the level of conflict with Provincial, Regional and local planning policy.
2.8 The proponent was further advised that a second Pre -consultation Meeting would be
required in the future to address the more specific requirements of a Clarington Official
Plan amendment, Zoning By-law amendment and Site Plan Approval. This meeting
would come only if the aforementioned Regional Official Plan amendment application
were approved. An informational meeting could be held at any time in the process, as
may be warranted.
2.9 In order to move forward with the Durham Region Official Plan amendment application,
the proponent was provided with a list of the initial technical reports that are needed to
investigate the potential impacts from this proposal. These initial reports included:
• Environmental Impact Study;
• Hydrological / Hydrogeological Report; and
• Planning Justification Report.
2.10 Further reports, like a Traffic Impact Study, would be required for the subsequent
applications to amend the Clarington Official Plan and the Zoning By-law.
Municipality of Clarington
Report PSD-042-20
Page 6
Figure 3: Visualization of the concept plan submitted for the Pre -consultation Meeting
(Includes the road widening dedication requirements and
the boundaries of Environmental Protection designation)
Municipality of Clarington
Report PSD-042-20
Request for a Minister's Zoning Order
Page 7
2.11 Instead of preparing the required Planning Act applications and related studies as other
members of the public or development community would have done, the proponent
chose to explore the idea of requesting a Minister's Zoning Order to receive zoning
approval. A MZO bypasses the required regional and local public planning review and
approvals process.
2.12 The proponent appeared as a delegation at the Planning and Development Committee
on October 5, 2020, requesting Municipal support for a proposed Minister's Zoning
Order.
2.13 The proponent has stated that they are required to waive conditions of purchase on the
Rundle Road property by November 1, 2020.
2.14 Staff at the Ministry of Municipal Affairs and Housing have not contacted Clarington or
Regional staff for information on this proposal.
3. Minister's Zoning Order
3.1 In the Province of Ontario, the Planning Act gives the Minister of Municipal Affairs and
Housing the authority to zone any property in the province. Zoning orders are rarely
used where a municipality has existing zoning by-laws, but they can be used to protect
a provincial interest. A Minister's Zoning Order prevails over a municipal zoning by-law
to the extent of a conflict. The municipal zoning by-law remains in effect in all other
respects. The Minister's Zoning Order does not have to be in conformity with Regional
and local Official Plans.
3.2 The approval of a Minister's Zoning Order only provides zoning approval of a property.
It does not preclude anyone from complying with all other development requirements
such as:
• Road widenings;
• Infrastructure and servicing requirements;
• Protection of the natural heritage system;
• Dedication of hazard lands;
• Provision of parkland or payment -in -lieu; and
• Payment of development charges.
Municipality of Clarington Page 8
Report PSD-042-20
3.3 A Minister's Zoning Order has only been used once before in Clarington. In October of
2019, Clarington Council submitted a request on behalf of Durham Christian Homes for
a Minister's Zoning Order for lands being donated to the not -for -profit LongTerm Care
Operator. It was also supported by Regional Council. This successful request led to the
rezoning of land on the west side of Boswell Drive to permit a 224-bed, long-term care
facility.
3.4 In the case of Durham Christian Homes, the reason for supporting the Minister's Zoning
Order was as follows:
The acute public need for long-term care beds in the community;
The donated lands for the new facility were located adjacent to the Bowmanville
Urban boundary where municipal services were already available; and
The proposal represented sequential development (concentric growth outward from
existing development), not "leapfrogging", which is a key principle of good planning.
4. Zoning History of the Subject Site
Creation of the commercial zone
4.1 An application for a Regional Official Plan amendment for the subject property was
submitted on December 14, 1977. It was adopted by Regional Council on October 4,
1978 and approved by the Ministry of Housing on December 18, 1978. After the
approval of the Regional Official plan amendment, the Town of Newcastle Council
rezoned the subject property in 1979 to permit a convenience retail store and / or a
take-out restaurant with ancillary eating area.
4.2 In 1984, a new zoning by-law was created for all of Clarington that replaced the
previous zoning by-laws that were in effect at the time. Within Zoning By-law 84-63, the
subject site was zoned to permit an eat -in establishment (restaurant) only.
Anticipated removal of the commercial zone
4.3 By January of 1996, no Site Plan application had been submitted to develop the site
which remained vacant. Planning Report PD-14-96 identified that the commercial use,
which had previously been permitted in 1978, was contrary to the policies of the
recommended 1996 Clarington Official Plan.
4.4 The report went on to state a commercial use on this property would degrade the
character of this rural area and reduce the preservation of the urban separator between
Courtice and Bowmanville. Staff recommended that the original approval for a
commercial use, granted in the Regional Official Plan, be repealed.
Municipality of Clarington Page 9
Report PSD-042-20
4.5 When Clarington adopted their new Official Plan in 1996 no commercial designation
was given to the subject property. Instead, it was designated "Green Space". It was
acknowledged in Planning Report PD-69-96 that the property contained existing zoning
rights for a restaurant. However, it also stated that those rights would inevitably be
eliminated once the comprehensive zoning by-law was amended to conform with the
new Official Plan.
4.6 As part of the ZONE Clarington project, the subject site is proposed to be rezoned to
"Environmental Protection" and "Agricultural". A restaurant would not be permitted in
either of these two zones.
5. Public Notice
5.1 While this is not a statutory public meeting, as no application has been received, notice
was maiedl to all property owners within one kilometre of the subject site and was
mailed out 18 days prior to the public meeting. No public notice sign was posted on the
property, however notice was placed by the Municipality in both local newspapers the
two weeks preceding the public meeting.
5.2 At the time of writing this report, staff had been contacted by several members of the
public. Additional comments from the public are expected to be received after the
report has been finalized. The following sections offer a summary of the comments that
were received.
Comments in Support of Proposal
5.3 Five members of the public contacted staff to express their support for the proposal.
The comments of support highlighted that a new and expanded Home Hardware would
create jobs and bring growth to the community. Several comments mentioned their
support for a Canadian company.
Municipality of Clarington
Report PSD-042-20
Neutral Comments received
Page 10
5.4 One resident called requesting more information as a result of door-to-door canvasing
efforts on behalf of the proponent. The resident was glad to know that more
information, in the form of the public notice, was being sent by mail.
5.5 A local business owner contacted staff to share their mixed views. They are supportive
of more business in the area as well as the municipal services that may be extended as
part of that development. However, they expressed concern that all businesses should
be held to the same standards. They hope that the Minister's Zoning Order will not
exempt the proponent from the servicing and development requirements required of
other rural businesses.
Comments Opposed to the Proposal
5.6 Seven members of the public contacted staff to express their opposition to the proposal.
Many of the comments received were concerned that a proposal was being considered
that contravened so many policies. There was also concern about the impact of
development on the wells of surrounding properties.
5.7 One resident contacted the Municipality as a result of door-to-door canvasing efforts on
behalf of the proponent. The resident expressed concern that neighbours were
receiving different information. The resident went on to describe that she felt harassed
by the canvassers when she did not express support for the proposal.
5.8 A commercial landlord in Courtice and Bowmanville contacted staff to express their
opposition to this proposal stating the proposal creates an uneven playing field for other
property owners and investors who follow Municipal policies.
6. Policy Issues
Provincial Policy Statement (PPS)
6.1 The PPS states that settlement areas shall be the focus of growth and development.
The limits of settlement areas are defined by the boundaries contained in the Regional
Official Plan and the Clarington Official Plan. Rural settlements (hamlets) are the focus
of growth in rural areas. The land outside of settlement areas, known as rural lands, is
appropriate for limited -scale businesses such as home occupations, home industries,
agricultural uses and agriculture -related uses (see Figure 4).
Municipality of Clarington Page 11
Report PSD-042-20
6.2 Agriculture -related uses are defined in the PPS as those farm -related commercial and
farm -related industrial uses that are directly related to farm operations in the area, that
support agriculture, that benefit from being in close proximity to farm operations, and
provide direct products and/or services to farm operations as a primary activity. An
example of an agriculture -related use would be a tractor and farm implement
dealership. The proposed use while it will be used by farmers is a not a farm -related
commercial or farm -related industrial use.
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Figure 4: Subject site outside of the urban boundary
6.3 The PPS states that natural features and areas shall be protected for the long term.
They should be maintained, restored or where possible improved, recognizing the
linkages between and among natural heritage, surface water and ground water
features.
6.4 The proposed commercial use is contrary to the PPS policies because:
It is not located within a settlement area;
It is not a permitted use on rural lands; and
It does not protect the existing natural features.
Municipality of Clarington
Report PSD-042-20
Page 12
6.5 The proposed building supply outlet is a commercial use that is not agriculture -related
and therefore is not a permitted use on rural lands and as such is not in conformity with
the PPS.
A Place to Grow: Growth plan for the Greater Golden Horseshoe (Growth Plan)
6.6 The Growth Plan directs development to settlement areas. The Growth Plan states that
development outside of Settlement Areas may be permitted on rural lands for:
The management or use of resources;
Resource -based recreational uses; and
Other rural land uses that are not appropriate in settlement areas.
6.7 The Growth Plan requires that the diversity and connectivity of the Natural Heritage
System and its long-term ecological or hydrologic functions of the features be protected
and maintained.
6.8 The proposed commercial use is contrary to the Growth Plan policies because:
• It is not located within a settlement area;
• It is not a permitted use on rural lands; and
• It will not protect the woodland.
• The proposed building supply outlet is a commercial retail use that is appropriate in
settlement areas. As such, the proposed development does not conform to the
policies of A Place to Grow.
Durham Region Official Plan
6.9 The subject site is designated "Major Open Space Areas" in the Durham Regional
Official Plan (ROP). A goal of the ROP is to maintain the distinction between the
character of the Urban Systems and the Rural Systems in the Region for the benefit and
enjoyment of the residents of the Region. Major Open Space Areas form an integral
part of the Greenlands System and shall be maintained for their ecological functions
and as urban separators.
6.10 The predominant use of lands in the Major Open Space areas shall be conservation,
and a full range of agricultural, agricultural -related and secondary uses. The proposed
commercial use is not agricultural -related and is not supported by the policies of the
Durham Official Plan.
Municipality of Clarington Page 13
Report PSD-042-20
6.11 The western half of the property has been identified in the ROP as having a Key Natural
Heritage Feature (KNHF). In addition, the entire property has been identified in the
ROP as being a High Aquifer Vulnerability Area (see Figure 5). Certain development in
these areas is restricted due to the risk of contamination to water systems. Other uses
may be permitted provided that a hydrogeological investigation is completed to assess
whether there will be a potential risk to groundwater. The results of the hydrogeological
investigation can lead to potential prohibitions, restrictions and/or mitigation.
Figure 5: Durham Region Official Plan — High Aquifer Vulnerability Area
6.12 The proposed commercial use is not in conformity with the ROP.
6.13 Region of Durham planning staff have advised the Municipality that they are not in a
position to support the proposed commercial use of a building supply outlet on this site
in the rural area. The policies of the ROP do not permit the above commercial use in
the Major Open Space Areas designation. As stated in the minutes of the Pre -
consultation Meeting of February 6, 2020, a Regional Official Plan Amendment would
be required.
Municipality of Clarington
Report PSD-042-20
Page 14
6.14 When asked for their feedback on the request for support for a Minister's Zoning Order,
Regional staff stated they would be recommending against support for the Minister's
Zoning Order as it does not, in their view, represent good planning.
Clarington Official Plan
6.15 To reflect the Regional Official Plan and CLOCA natural heritage system, the majority of
the property has been identified as Natural Heritage System (NHS) within the
Municipality of Clarington Official Plan. As a result, most of the property has been
designated "Environmental Protection Areas", which are recognized as the most
significant components of the Municipality's natural environment (see Figure 6). As
such, these areas and their ecological functions are to be preserved and protected from
the effects of human activity.
Figure 6: Clarington Official Plan land use map
Municipality of Clarington Page 15
Report PSD-042-20
6.16 No development is permitted within "Environmental Protection Areas", except:
• low -intensity recreation;
• uses related to forest, fish and wildlife management;
• erosion control and stormwater management; and,
• agriculture, agricultural related and on -farm diversified uses (not including buildings).
6.17 The proposed commercial retail use is not permitted in the "Environmental Protection
Areas" designation.
6.18 A small portion of the site located at the southeast corner of the site is designated
"Rural". Rural areas are intended to support Prime Agricultural Areas, link the
components of the Municipality's Open Space System and function as urban
separators. Lands designated Rural shall predominantly be used for agricultural uses,
agriculture -related uses and on -farm diversified uses. The proposed commercial use is
not permitted in a "Rural" designation.
6.19 One of the functions of the "Rural" designated lands is to serve as urban separators.
These large stretches of open land between urban areas help to contain urban sprawl.
Urban separators, such as the one located between Courtice and Bowmanville, are
constantly under pressure from development interests.
6.20 These lands are high production agricultural lands for the Province. The Official Plan
includes policies requiring growth through intensification and redevelopment within the
urban boundaries as part of its growth management strategy to protect agricultural
lands for food production.
6.21 To further reinforce this objective, the Clarington Official Plan identifies the subject lands
as being located within Special Study Area 2. It is Clarington's policy that the lands
within Special Study Area 2 are appropriate for the Province to review and potentially
include in future expansion of the Green Belt based on a systems approach to
agriculture, natural heritage and water resources.
6.22 The proposed commercial retail use is not in conformity with the Clarington Official Plan.
The applicant will be required to apply for an amendment to the ROP. Once a permitted
use is established through an amendment to the ROP, an amendment to the Clarington
Official Plan will also be required.
Municipality of Clarington
Report PSD-042-20
7. Development Constraints
Page 16
7.1 Based on the comments provided by the respective commenting agencies for the Pre -
consultation Meeting on February 6, 2020, the following is a list of development
constraints for the subject site. These comments represent a statement of existing
conditions and policies and do not provide definitive evaluation of the proposal since no
application or supporting studies have been received.
Environmental
7.2 There are key natural heritage and hydrologic features situated on the western half of
the subject site. The Durham Regional Official Plan contains policies stating that
development or site alteration is not permitted in key hydrologic features and key natural
heritage features within the Natural Heritage System, including any associated
Vegetation Protection Zone (VPZ).
7.3 The Region requires that the applicant ensure that any development and site alteration
will take place outside any features and the associated VPZ. An Environmental Impact
Study (EIS) is needed to evaluate the existing natural features on -site and recommend
appropriate protection and mitigation.
7.4 The entire property has been mapped as being within CLOCA's Natural Heritage
System (NHS) (see Figure 7). The east half of the property is within an area subject to
CLOCA Ontario Regulation 42/06. The regulated area includes an area that is within
120 metres of an identified wetland, which is located to the east of the property.
7.5 At a minimum, the EIS will need to include multi -season vegetation and breeding bird
surveys, the limits of the NHS must be identified, along with appropriate buffers in
accordance with the Clarington Official Plan, and a suitable building envelope must be
identified beyond the NHS and buffers on the property. The policies of CLOCA, the
Clarington Official Plan and the Durham Regional Official Plan will also need to be
addressed through the EIS. A peer review of the EIS Report will be required by the
Region of Durham and the Municipality of Clarington.
7.6 Following the February Pre -consultation Meeting, a terms of reference document for the
EIS was prepared by the proponent reviewed and accepted by municipal and CLOCA
staff. However, a site visit with CLOCA and Municipal staff has yet to take place.
Accordingly, the precise boundaries of the woodland feature or other features that may
be present has not yet been determined. It is our understanding that fieldwork for the
EIS has begun.
Municipality of Clarington
Report PSD-042-20
Page 17
7.7 Much of the site is likely woodland, and within the required vegetation protection zone.
The available development envelope and therefore the feasibility of the proposed use
for this site is unknown at this time. Any consideration of a Minister's Zoning Order is
premature without the required environmental study and site work.
Conceptual CLOCA Natural Heritage System
1 7
Figure 7: CLOCA Natural Heritage System shaded in green
Servicing
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7.8 The subject site is located in the rural area between Bowmanville and Courtice. As a
consequence, there is no access today to municipal services such as water and
sanitary sewers. If the proposal proceeds at this time it will have to be privately
serviced (well, septic as well as fire protection). Further discussion of servicing was
included in Report PSD-041-20.
Municipality of Clarington
Report PSD-042-20
Traffic
Page 18
7.9 Regional Highway 2 is a Type `B' Arterial Road and therefore the Region requires a 36
m overall right-of-way. This results in a widening of approximately 5 metres along the
subject property's Regional Highway 2 frontage. In addition, a 15 metre x 15 metre
sight triangle must also be provided at the corner of Regional Highway 2 and Rundle
Road.
7.10 Both the Region of Durham and the Clarington Public Works Department have identified
the need for a Traffic Impact Study (TIS) to be submitted to address impacts to Regional
Highway 2 and Rundle Road. A TIS will evaluate and recommend upgrades and
improvements that may be required to support the development. The impact of the
proposed development could include available sight distance from the proposed
entrance and the potential need for an auxiliary right -turn lane on Highway 2. Based on
traffic flows to and from the subject site the TIS could also recommend reconstruction of
portions of Rundle Road which is currently only constructed to a rural cross-section and
is not designed to accommodate heavy truck traffic.
8. Impact of Requested Minister's Zoning Order
8.1 When placed into a broader context the implications of Council supporting the
proponent's request for a Minister's Zoning Order can be understood as follows.
Effect on the Proponent
8.2 If the proponent receives Council support, the proponent has advised that they will take
their proposal to the Minister of Municipal Affairs and Housing and request a Minister's
Zoning Order. If successful, the proponent will receive zoning rights to permit a
proposed building supply outlet on the subject site. The proponent will still be required
to receive Site Plan approval from the Municipality before the site can be cleared,
graded and construction started. A subsequent Pre -consultation Meeting will be
required to identify all remaining requirements and studies, such as a Traffic Impact
Study, to be submitted as part of the Site Plan application.
8.3 The proponent was requested to provide any reports or studies that they may have
which relate to the site. However, as of the writing of this report, the Municipality has not
received any information from the proponent.
Municipality of Clarington
Report PSD-042-20
Effect on the Surrounding Area
Page 19
8.4 Council requested a non -statutory public meeting be held to provide the public with the
opportunity to learn about and comment on the proposal. Typically, public meetings
include a list of topics that need to be investigated as well as a summary of the
background reports that were submitted to address those topics. At this time, all that is
available is a list of concerns that were identified at the Pre -consultation Meeting.
8.5 At this time, it is not possible to fully estimate the potential impacts to the surrounding
area. The following items would need to be evaluated before Staff would be able to
provide further comment:
Environmental impacts, on plant and animal life that currently nests, feeds or
grows on -site;
Servicing impacts, on the site's capacity to accommodate the daily needs of the
business without negatively impacting surrounding properties; and
Traffic impacts, including road improvements and even the possibility of traffic
controls on Regional Highway 2.
8.6 As has been aptly stated by the proponent, there are other sites available in Clarington
that do meet their locational criteria. No special circumstance or condition has been
identified that makes the subject site unique and the only option available to
accommodate this proposal.
8.7 Support for a Minister's Zoning Order in this case dismisses the community vision
contained in the Regional Official Plan and the Clarington Official Plan which were both
created through extensive consultation with the public, stakeholders and agencies.
8.8 The proposed request for a Minister's Zoning Order is contrary to the Province's own
policies contained in the Provincial Policy Statement and the Growth Plan.
Effect on Planning in Clarington
8.9 The Planning Act in Ontario has been established to create a transparent and
accountable means for development to be evaluated and approved. Circumnavigating
regional and local planning approvals to expedite a zoning approval undermines the
public engagement process and reduces Council's role as the decision makers on land
use planning.
8.10 If Minister's Zoning Orders are used for commercials proposals of this nature, the effort
and cost involved, would make this process the first approach used by developers in the
future. It would allow developers to potentially receive zoning approval for projects
without the need to follow Provincial policies, Regional and local Official Plans.
Municipality of Clarington Page 20
Report PSD-042-20
8.11 Commercial landlords are already experiencing tremendous pressure from businesses
struggling to pay rent or closing completely. Expanding commercial floorspace outside
of urban areas already approved for commercial development undermines the existing
commercial market. The planning for commercial areas includes appropriate
commercial market analysis to avoid an over -saturation of commercial lands and to
support the full build -out of existing commercial areas.
9. Concurrence
9.1 This report has been reviewed by the Director of Public Works who concurs with the
recommendations.
10. Conclusion
10.1 The proposal for a building supply outlet at 2423 Rundle Road is not in conformity with
Provincial policy.
10.2 The proposal is not supported by Regional and Clarington policy.
10.3 The request for a Minister's Zoning Order circumnavigates the planning process for the
unique benefit of one business owner and does not provide additional community
benefits. The proponent has not provided any reports in support of their request.
10.4 The perceived value of this property, due to its lower cost, may end up being voided by
higher development costs (i.e. servicing, traffic improvements) and could potentially be
borne by the taxpayer rather than the proponent.
10.5 Planning staff concludes that this proposal is not good planning and not in conformity
with any land use planning policy that apply to the site.
10.6 For these reasons, it is strongly recommended that Council not support the proponent's
application for a Minister's Zoning Order.
Staff Contact: Paul Wirch, Senior Planner, 905-623-3379 ext. 2418, pwirch(a)_clarington.net, or
Carlos Salazar, Manager, csalazar(a)-clarington.net
Attachment:
Attachment 1 — Public Meeting Notice
Interested Parties:
List of Interested Parties available from Department.
Attachment 1 to Report PSD-042-20
ciffboon
Notice of public meetin
The Municipality is seeking public comments on a request from the owners of
the Bowmanville Home Hardware for Municipal Council support for a Minister's Zoning Order
that would allow development of a new buildina suaaly outlet.
The Ontario Planning Act gives the Minister of Municipal Affairs and Housing the authority to
zone any property in the Province. Zoning orders are rarely used where a municipality has
existing official plans and zoning by-laws, but they can be used to protect a provincial interest. A
Minister's Zoning Order prevails over municipal plans and zoning by-laws to the extent of a
conflict. The municipal zoning by-law remains in effect in all other respects.
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Subject Property: 2423 Rundle Road Official Plan Environmental Protection
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The proponent wishes to construct a building supply outlet store at 2423 Rundle Road, which is
located at the intersection of Highway 2 and Rundle Road between Bowmanville and Courtice.
They are seeking a Minister's Zoning Order to gain expedient approval for their project without
going through the typical public planning process. The subject property is designated Rural and
Environmental Protection Area in the Clarington Official Plan. This proposal does not comply;
when reviewed against applicable Provincial policy, the Durham Region Official Plan, the Clarington
Official Plan and Zoning By-law 84-63. Council is inviting public comments prior to deciding
whether to support the request by the proponent for a Minister's Zoning Order. This public meeting
is not a statutory meeting under the Planning Act.
Questions? Please contact Paul Wirch or Carlos Salazar at 905-623-3379 or by email at
pwirch clarington.net
If you wish to be notified of the decision of Clarington Council on whether to support the request for
the Minister's Zoning Order, you must make a written request to the Municipal Clerk, 40
Temperance Street, Bowmanville, ON L1 C 3A6.
Our procedures have changed as we continue to adapt to the COVID-19 pandemic. As
mandated by Public Health, to maintain physical distancing these meetings will take place
electronically.
A public meeting will be held on:
Date: Monday, October 26, 2020
Time: 7:00 pm
Place: Electronic meeting by way of online device or telephone
To View the Meeting
The meeting will be livestreamed for public viewing at www.clarington.net/calendar.To view the
livestream, click the "view livestream" link located next to the agenda which will appear when the
meeting begins.
To Speak at the Meeting
If you wish to speak at the public meeting, please pre -register and you will be provided with
further instructions. You can pre -register by completing the online form at
www.clarington.net/delegations or contact the Clerk's Division at 905-623-3379 ext. 2109 or
clerks(a-clarington.net by Friday, October 23, 2020 at 4:00 p.m.
If you are unable to participate electronically, please contact the Clerk's Division and we will do
our utmost to accommodate you.
Written Submission
We encourage you to submit your written comments for Committee's consideration to Paul Wirch
or Carlos Salazar at pwirch(a)-clarington.net or by mail or drop box to 40 Temperance Street,
Bowmanville, ON L1 C 3A6 by October 23, 2020.
File Number: 010-040-03910
Freedom of Information and Protection of Privacy Act
The personal information you submit is collected under the authority of the Planning Act, 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 Division 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.
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Faye Langmaid, FCSLA, RPP
Acting Director of Planning and Development Services