HomeMy WebLinkAbout11/12/2019
Planning and Development Committee
Revised Agenda
Date:November 12, 2019
Time:7:00 PM
Location:Council Chambers, 2nd Floor
Municipal Administrative Centre
40 Temperance Street
Bowmanville, Ontario
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Coordinator, at 905-623-3379, ext. 2106 or by email at sgray@clarington.net.
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Noon Recess: Please be advised that, as per the Municipality of Clarington’s Procedural By-law,
this meeting will recess at 12:00 noon, for a one hour lunch break, unless otherwise determined by
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Copies of Reports are available at www.clarington.net
*Late Item added after the Agenda was published.
Pages
1.Call to Order
2.Land Acknowledgement Statement
3.New Business – Introduction
Members of Committee are encouraged to provide the Clerk’s Department, in
advance of the meeting, a copy of any motion the Member is intending to
introduce, (preferably electronic) such that staff could have sufficient time to
share the motion with all Members prior to the
meeting.
4.Adopt the Agenda
5.Declaration of Interest
6.Announcements
7.Adoption of Minutes of Previous Meeting
7.1 Minutes of a Regular Meeting of October 22, 2019 6
8.Public Meetings
There are no scheduled Public Meetings.
9.Delegations
*9.1 Anne Taylor-Scott, Regarding Report PSD-050-19 Proposed Rezoning to
permit East Penn development of 1840 Energy Drive, Courtice
*9.2 Mike and Jim Bouchard, Regarding Report PSD-050-19 Proposed
Rezoning to Permit East Penn Development of 1840 Energy Drive,
Courtice
*9.3 PSD-050-19 Proposed Rezoning to permit East Penn development of
1840 Energy Drive, Courtice
32
10.Communications – Receive for Information
No Communications for Information
Planning and Development Committee Agenda
November 12, 2019
Page 2
11.Communications – Direction
No Communications for Direction
Planning and Development Committee Agenda
November 12, 2019
Page 3
12.Presentations
12.1 Anne Taylor-Scott, Regarding Report PSD-050-19 Proposed Rezoning
to permit East Penn development of 1840 Energy Drive, Courtice
13.Planning Services Department Reports
13.1 PSD-049-19 Declaration of Surplus Property at the Bowmanville Avenue
Westbound Exit from Highway 401.
46
13.2 PSD-050-19 Proposed Rezoning to permit East Penn development of
1840 Energy Drive, Courtice
52
13.3 PSD-051-19 Secondary Plans Update 66
14.New Business – Consideration
15.Unfinished Business
15.1 Paragraph Three of Resolution #C-247-19 - Recommendation to Add
Two (2) Properties to the Municipal Register [Referred from the
September 30, 2019 Planning and Development Committee Meeting]
Link to Report PSD-030-19
15.2 PSD-039-19 Exemption Request for 10 Victoria Street from Interim
Control By-law [Tabled from the October 22, 2019 Planning and
Development Committee meeting]
Referred to Dec 2 PDC
Link to Report PSD-039-19
15.3 Confidential Report LGL-013-19 10 Victoria Street – Exemption from
Part Lot Control [Tabled from the October 22, 2019 Planning and
Development Committee meeting]
Referred to Dec 2 PDC
16.Confidential Reports
16.1 Confidential Verbal Report from the Acting Director of Planning
Services, Regarding Land Acquisition
16.2 Confidential Report LGL-015-19 Status of LPAT Appeals of OPA 107
[Distributed Under Separate Cover]
Planning and Development Committee Agenda
November 12, 2019
Page 4
*16.3 PSD-049-19 Declaration of Surplus Property at the Bowmanville Avenue
Westbound Exit from Highway 401.
113
17.Adjournment
Planning and Development Committee Agenda
November 12, 2019
Page 5
1
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Planning and Development Committee
Minutes
Date:
Time:
Location:
October 22, 2019
7:00 PM
Council Chambers, 2nd Floor
Municipal Administrative Centre
40 Temperance Street
Bowmanville, Ontario
Present Were: Mayor A. Foster, Councillor G. Anderson, Ron Hooper,
Councillor J. Jones, Joe Neal, Councillor C. Traill, Councillor M.
Zwart
Staff Present: M. Marano, F. Langmaid, C. Pellarin, K. Richardson, A. Burke,
J. Gallagher, S. Gray, R. Maciver (arrived at 7:05 PM)
_____________________________________________________________________
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.
Alter the Agenda
Resolution # PD-143-19
Moved by Councillor Traill
Seconded by Councillor Anderson
That the Agenda be altered to consider Presentations from Dale Leadbeater,
SLR Consulting and Lisa Backus and Tracey Webster, prior to the Delegations
portion of the Agenda.
Carried
3. Adopt the Agenda
Resolution # PD-144-19
Moved by Mayor Foster
Seconded by Ron Hooper
That the Agenda for the Planning and Development Committee meeting of
October 22, 2019 be adopted as presented with the addition of Communication
Item 10.4, Emma West, Bousfields Inc., Regarding Report PSD-041-19,
Community Vision for Jury Lands, Urban Design Master Plan + Design
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Planning and Development Committee Minutes October 22, 2019
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Guidelines for Former Ontario Boys Training School and WWII Prison of War
Camp 30 – Amendment No 121 to the Clarington Official Plan.
Carried
4. Declaration of Interest
4.1 Councillor Zwart declared an interest in Unfinished Business Item 14.1,
PSD-039-19 Exemption Request for 10 Victoria Street from Interim Control
By-law
4.2 Councillor Zwart declared an interest in Unfinished Business Item 14.4,
Confidential Report LGL-013-19, 10 Victoria Street – Exemption from Part Lot
Control
5. Announcements
Members of Committee announced upcoming community events and matters of
community interest.
6. Adoption of Minutes of Previous Meeting
6.1 Minutes of a Regular Meeting of September 30, 2019
Resolution # PD-145-19
Moved by Ron Hooper
Seconded by Mayor Foster
That the minutes of the regular meeting of the Planning and Development
Committee meeting held on September 30, 2019, be approved.
Carried
7. Public Meetings
7.1 Application for a Proposed Zoning By-law Amendment
In the interest of expediency, Councillor Neal asked whether there was anyone
present to speak in opposition to or in support of the application.
No one was present to speak in opposition to or in support of the application. As
a result, the Planner did not make a presentation.
7.2 Application for a Proposed Zoning By-law Amendment
In the interest of expediency, Councillor Neal asked whether there was anyone
present to speak in opposition to or in support of the application.
No one was present to speak in opposition to or in support of the application. As
a result, the Planner did not make a presentation.
Michael Fry, D.G. Biddle & Associates Limited, was present on behalf of the
applicant. Mr. Fry thanked staff for their Report. He noted that a traffic study
was prepared and identifies a concern at the intersection of Courtice Road an d
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Highway 401. Mr. Fry advised the Committee that the concerns at that
intersection are not influenced by the proposal and that it is currently operating at
a low evel of service. He stated that the application is to amend the setback
regulations in the existing Energy Park property to allow for the relocation of the
East Penn battery warehouse and head office to the Energy Drive site. Mr. Fry
noted that they will address the urban design guidelines and provide landscaping
for a visual buffer as there is high visibility along Energy Drive and Highway
401. He advised the Committee that they have requested to increase the
setback of the building to 20 meters instead of 8 meters, because of the size of
the building and the implications to the streetscape.
Jim Bouchard and Mike Bouchard, East Penn Canada Ltd., were present to
answer questions from the Committee.
7.3 Applications for a Draft Plan of Subdivision and Zoning By-law Amendment
Brandon Weiler, Planner, made a verbal and electronic presentation to the
Committee regarding the application.
Libby Racansky, local resident, spoke in opposition to the application. Ms.
Racansky explained that she is concerned with the following:
1. The impact on hydrogeology;
2. Missing tributaries recognition;
3. Flooding;
4. Drainage;
5. The impact on wells;
6. Green space in south parts of the neighbourhood; and
7. The developers disregard of cumulative effects on surrounding areas.
She displayed photos of the area and highlighted the issues related to approving
the application. Ms. Racansky noted that there is an influx of water absorbed by
the proposed land and would like this area to be protected to ensure that
properties are not flooded.
Suspend the Rules
Resolution # PD-146-19
Moved by Councillor Jones
Seconded by Mayor Foster
That the Rules of Procedure be suspended to extend the delegation for an
additional 5 minutes.
Carried
She advised the Committee that flooding is already damaging recently
resurfaced Hancock Road south due to the Highway 418 construction. Ms.
Racansky played a video of the tributary on Hancock Road.
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Suspend the Rules
Resolution # PD-147-19
Moved by Councillor Traill
Seconded by Councillor Jones
That the Rules of Procedure be suspended to extend the delegation for an
additional 2 minutes.
Carried
She explained that this land needs to be protected as the proposed development
will created a negative impact. Ms. Racansky concluded by stating that Council
should be creating healthy, safe and sustainable communities, not destroying
wetlands, mature trees, tributaries, all of which contribute to the health and well-
being of the entire area and its residents.
Suspend the Rules
Resolution # PD-148-19
Moved by Councillor Anderson
Seconded by Councillor Jones
That the Rules of Procedure be suspended to extend the delegation for an
additional 2 minutes.
Motion Lost
Tristan Knight, Terrastory Environmental Consulting Inc., spoke in opposition to
the application. He made a verbal presentation to accompany an electronic
presentation. Mr. Knight explained that he was requested by members of the
North Courtice Neighbourhood Association to undertake a review of an
Environmental Impact Statement (Dillon Consulting, revised July, 2019) in
support of the proposed Draft Plan of Subdivision and Zoning By-law
Amendments applications at the northwest corner of Nash Road and Hancock
Road in Courtice. He summarized his concerns regarding the Environmental
Impact Review as follows:
1. Questionable vegetation community mapping
2. Lack of regard for an apparent surface water drainage feature.
3. Incorrect assessment of woodland significance.
4. Absence of justification of EP rezoning and development within an
EPA.
5. Impacts of PSW anticipated by the EIS Report
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Suspend the Rules
Resolution # PD-149-19
Moved by Councillor Jones
Seconded by Ron Hooper
That the Rules of Procedure be suspended to extend the delegation for an
additional 2 minutes.
Carried
6. Insufficient rationale supporting significant woodland removal
7. EIS is not signed by authors and does not identify field staff
Suspend the Rules
Resolution # PD-150-19
Moved by Mayor Foster
Seconded by Ron Hooper
That the Rules of Procedure be suspended to extend the delegation for an
additional 2 minutes.
Carried
Mr. Knight thanked the Committee for the opportunity to outline the communities
concerns related to the natural heritage components of this application.
Lisa Kawasaki and Sami El-Hajjeh, local residents, spoke in opposition to the
application. Ms. Kawasaki stated that proposed the frontage of the properties
does not match the current homes in the neighbourhood. She is concerned that
the application does not include green space. Ms. Kawasaki explained that the
park in the neighbourhood is busy and always at capacity. She advised the
Committee that this development will not enhance the current neighbourhood.
Ms. Kawasaki noted that the developers are trying to construct as many homes
as possible to make as much money as possible. She was concerned that there
will be an increase in traffic if the application is approved to permit an additional
151 homes, which could potentially produce 300 cars. Ms. Kawasaki expressed
concern that this application will increase traffic and reduce safety. She noted
that this proposal will destroy the natural habitats of the wildlife in the area. Ms.
Kawasaki asked that the Committee to protect the trees and watersheds in the
area. Mr. El-Hajjeh submitted a petition from residents in the area opposing the
application with 102 signatures.
Dan and Andrea Sheridan, local residents, spoke in opposition to the
application. Mr. Sheridan explained that, since the previous developments have
been built, the water on his property is not draining. He advised the Committee
that, because of the drainage issues on his property, he cannot put his cattle in
the lower fields. Mr. Sheridan stated that, if the proposed subdivision goes in, the
drainage issue will be worse and result in more flooding. He explained that there
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is nowhere for the water to go if the land is developed. Ms. Sheridan is
concerned with the potential increase in traffic and safety issues.
Councillor Neal left the meeting.
Mayor Foster chaired this portion of the meeting.
Andy Koornneef, local resident, spoke in opposition to the application. Mr.
Koornneef stated that the proposal does not match the character of the
neighbourhood. He explained that he was concerned with the trees on his
property which abut the subject lands and that, if the roots will be cut off, the
trees will die. Mr. Koornneef would like to know who would bear the cost of
removing the dead trees and replacing them. He also explained that he is
concerned with the lack of parks and green space surrounding the proposed
development.
Councillor Neal returned to the meeting.
Jacqueline James, local resident, spoke in opposition to the application. Ms.
James explained that her backyard floods every spring and this subdivision will
only increase the amount of water being diverted into her backyard. She advised
the Committee that she is concerned with the increase in traffic, currently it can
take her fifteen minutes to get out of her driveway.
Greg Gilbert, was present on behalf of the applicant. Mr. Gilbert explained that
he is present to listen to the community and their concerns. He noted that this
area has been zoned for urban development since 1998. He noted that the
developers assembled 13 properties to deliver a comprehensive community, with
a mixed density to address affordability. Mr. Gilbert stated that they have
matched density with previous developments in Courtice and Bowmanville. He
explained that the development will be in close proximity to existing
amenities. Mr. Gilbert noted that the 2013 plan did not include an onsite park,
because the parkland was assigned to Harry Gay Drive and George Reynolds.
He advised the Committee that, as part of the development, one million dollars
will be dedicated to parklands for the Municipality to spend. Mr. Gilbert explained
that the Provincial Policy Statement, Clarington's Official Plan and the Hancock
Neighbourhood Design Plan allows for townhomes along Nash Road and
Hancock Road. He noted that access along Nash Road and Hancock Road are
an issue and that is why the proposed development does not include driveways
along those roads. Mr. Gilbert noted that the consultants have done their due
diligence in regarding the wetlands in the area and he supports the
recommendations found in the environmental impact study. He advised the
Committee that sidewalks will be installed along their property but the remaining
portion has been pushed to 2027 by the Municipality. Mr. Gilbert explained that
the development will provide more than one on-street parking spot per residential
unit. He advised the Committee that the developer has invested one million
dollars into cleaning the former auto wrecker’s site. Mr. Gilbert answered
questions from the Committee.
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Alter the Agenda
Resolution # PD-151-19
Moved by Mayor Foster
Seconded by Councillor Jones
That the Agenda be altered to consider Report PSD-042-19, at this time.
Carried
Resolution # PD-152-19
Moved by Mayor Foster
Seconded by Councillor Anderson
That Report PSD-042-19 be received;
That the proposed Draft Plan of Subdivision and Zoning By-law Amendment
submitted by BV Courtice Partners LP (Trolleybus Urban Development) continue
to be processed including the preparation of a subsequent report; and
That all interested parties listed in Report PSD-042-19, and any delegations be
advised of Council’s decision
Carried
Recess
Resolution # PD-153-19
Moved by Mayor Foster
Seconded by Ron Hooper
That the Committee recess for 10 minutes.
Carried
The meeting reconvened at 9:21 PM with Councillor Neal in the Chair.
Alter the Agenda
Resolution # PD-154-19
Moved by Mayor Foster
Seconded by Ron Hooper
That the Agenda be altered to consider Delegations 8.1 and 8.1, at this time.
Carried
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8.Delegations
8.1 Tony Kuypers, Regarding Report PSD-046-19, Renaming of King Street in
Haydon and a remnant of King Street in Bowmanville
Tony Kuypers, was present regarding Report PSD-046-19, renaming of King
Street in Haydon and a remnant of King Street in Bowmanville. Mr. Kuypers is
concerned with the renaming of King Street in Haydon and does not support the
recommendations contained in Report PSD-046-19. He submitted a survey from
residents, regarding their opposition of renaming King Street in Haydon. Mr.
Kuypers explained that residents were not receptive to the name change and do
not want to go through the lengthy process again, as there postal codes changed
in early 2019. He advised the Committee the reasons of public safety and errors
being made for deliveries, are not supported by the community. Mr. Kuypers
stated that the change should have happened at the same time as the postal
code changes.
8.2 , Regarding Report PSD-046-19, Renaming of King
Street in Haydon and a remnant of King Street in Bowmanville
, was present regarding Report PSD-046-19, renaming of
King Street in Haydon and a remnant of King Street in Bowmanville.
provided the Committee with examples of news articles of police
officers being sent to the wrong addresses due to similar or duplicate street
names. He expressed public safety concerns with having duplicate or similar
sounding street names, specifically the street names in Haydon and
Bowmanville. stated that, in spring 2018, his postal code
changed and it was at that time he requested that his street name also change,
to reduce frustrations in the future and improve safety. He explained that a study
was done in the 1990’s to review the street names in order to eliminate the
duplicate street names, and it was decided not to change the name because the
municipal addresses in Haydon were in the 8000’s, where the Bowmanville
addresses along King Street were in the 1000’s. stated that
many people use cellular devices as their main phone line, which are not always
registered to their home and makes it more difficult to determine the person’s
location. He advised the Committee that Durham Regional Police conducted a
search for the word ‘king" in Durham street names and 47 streets were found.
explained that the name change would be much safer and
could save lives. He urged that the recommendations contained in Report PSD-
047-19 be approved. noted that the Durham Regional Police
conducted a search for the words "grass hopper" and there were none.
concluded by stating that leaving two King Street’s in Clarington
is dangerous and the Committee should support the recommendation to rename
the streets.
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S.14(1)
S.14(1)
S.14(1)
S.
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8.3 Dale Leadbeater, SLR Consulting, Regarding Unfinished Business
Item 14.2 Resolution #C-333-19 Next Steps on Zone Clarington
Dale Leadbeater, Principal Ecologist, SLR Consulting, Regarding Unfinished
Business Item 14.2 Resolution #C-333-19 Next Steps on Zone Clarington. Ms.
Leadbeater made a verbal presentation to accompany an electronic
presentation. She explained that she was asked by the Municipality of Clarington
to provide comments on Environmental Protected lands as an environmental
consultant. Ms. Leadbeater provided the Committee with a background of her 30
year career and experience as an environmental consultant. She stated that,
when looking at a landscape, it is important to define the constraints, and use the
environmental protection layer and natural heritage systems a reference. Ms.
Leadbeater provided an example of how she would conduct an assessment of a
landscape using the environmental protection layers and the constraints
identified as well as their importance. She advised the Committee of a case study
regarding floodplain hazards and their implications. Ms. Leadbeater expressed
the importance of understanding the features that need to be evaluated for
protection and/or enhancement of lands. She provided an example of a
Provincially Significant Wetland flooded when a stormwater pond was built in an
area of shallow groundwater resulting in no storage capacity. Ms. Leadbeater
stated that the natural environment is only one layer and that Environmental
Protection (EP) is important when considering land use change. She stated that
EP does not interfere with existing functions and that it is an early warning
system for landowners interested in development. Ms. Leadbeater advised the
Committee that the Official Plan requires that a Vegetation Protection Zone
(VPZ) be applied to the feature, however there is flexibility built into Policy to
show or not to show VPZ. She answered questions from the Committee.
Resolution # PD-155-19
Moved by Mayor Foster
Seconded by Ron Hooper
That the Rules of Procedure be suspended to allow Members of Committee to
speak for a second time.
Carried
8.4 Lisa Backus and Tracey Webster, Regarding Unfinished Business Item 14.2
Resolution #C-333-19 Next Steps on Zone Clarington
Tracey Webster, was present regarding Unfinished Business Item 14.2
Resolution #C-333-19 Next Steps on Zone Clarington. Ms. Webster made a
verbal presentation to accompany an electronic presentation. She explained that
Official Plan mapping is done at a very large scale and is not meant to be
reviewed at a property specific level. Ms. Webster noted that the zoning by-law
implements the Official Plan policy at a smaller, property level scale which allows
for the opportunity to identify environmental features with more precision. She
stated that the Official Plan contains policies that acknowledge that the
Environmental Protection Area can be ref ined through the application and
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approval process for proposed developments. Ms. Webster explained that
applicants are not required to amend the Official Plan where refinements have
been identified and policy 14.4.7 provides a further opportunity for refi nement at
a site specific scale even after the ZONE Clarington process is completed. She
noted that the draft Zoning By-law contains a regulation which indicates the
boundary of the EP zone represents the actual limits of the environmental
features and the minimum vegetation protection zone. Ms. Webster stated that
the limits of environmental features are determined through consultation with the
appropriate Conservation Authority and review of a relevant study or evaluation
where necessary. She advised the Committee that, depending on the location
and magnitude of a proposal for new development and its proximity to
environmental features, the scope of the study or evaluation would vary. She
mentioned that, in some cases, little to no study is required, as expert staff at the
conservation authority can provide a simple “sign-off review” at a desk top level
for very small-scale projects such as decks or accessory structures and/or
additions that are outside of features and for which no conservation authority
permit approval is required. Ms. Webster noted that the EP zone implements the
Environmental Protection designation in the Official Plan with more precision
than conceptually shown in the Official Plan maps. She explained 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 and mapping capabilities have improved
greatly in the past 35 years. Ms. Webster advised the Committee that there has
also been greater recognition of the importance of protecting our Environmental
features. She stated that policies from the Province require greater protection of
all environmental features, and include woodlands, wetlands, valleylands, fish
habitat, areas of natural and scientific interest, beach bluffs and floodplains.
Ms. Webster noted that this has resulted in proposed comprehensive changes to
our EP zone from the area covered by Zoning By-law 84-63 and the approach in
the draft zoning By-law is similar to what has already been implemented on the
Oak Ridges Moraine Zoning By-law 2005-109. She explained that, when
mapping the EP zone, staff made initial refinements to trim areas within
woodlands that were cleared for development and are in communication with the
Conservation Authorities and Province to obtain additional information that could
be used to further refine the limits of environmental features. Ms. Webster noted
that they will also use details provided by residents to help make additional
adjustments. She advised the Committee that a process has been established to
review environmental features in the proposed zoning at the request of the
property owner and to date we have received 61 requests for site visits for 89
properties. Ms. Webster noted that, in addition to these requests, they have
received 95 submissions noting concern with EP zoned lands on properties
where a site visit was not requested. She explained that site visits will be
conducted where the property owner provides consent and that, in some cases,
a site visit will not be needed because of the initial desktop review. Ms. Webster
provided an overview of the recommended process for site-specific reviews. She
stated that Provincial Policies require the evaluation of development within the
EP zone, the 30-metre minimum Vegetation Protection Zone and the
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Environmental Review Area regardless of whether these areas are shown on the
proposed zoning map. Ms. Webster proposed that the Site Plan Control By-law
be amended in tandem with the new zoning by-law. She provided an overview of
the Oak Ridges Moraine Zoning By-law 2005-109, and how it can be used during
this process. Ms. Webster displayed four potential options for mapping buffers
related to environmental features. She concluded by stating that opportunities
exist to refine the EP Zone, protection of environmental features is required by
provincial law, improvements to the Site Plan Control By-law and approval
process are proposed and that refined and accurate mapping helps to
communicate rules. She answered questions from the Committee.
Resolution # PD-156-19
Moved by Mayor Foster
Seconded by Councillor Anderson
That the Rules of Procedure be suspended to allow Members of Committee to
speak for a second time.
Carried
Suspend the Rules
Resolution # PD-157-19
Moved by Mayor Foster
Seconded by Councillor Traill
That the Rules of Procedure be suspended to extend the meeting until 2:00 AM.
Carried
Recess
Resolution # PD-158-19
Moved by Ron Hooper
Seconded by Councillor Traill
That the Committee recess for 5 minutes.
Carried
The meeting reconvened at 11:32 PM with Mayor Foster in the Chair.
8.5 Gord Robinson, Regarding Unfinished Business Item 14.2 Resolution #C-
333-19, Regarding Next Steps on Zone Clarington
Gord Robinson, was present regarding Unfinished Business Item 14.2 Resolution
#C-333-19, Regarding Next Steps on Zone Clarington. Mr. Robinson is
concerned with how new zoning will impact rural areas and agricultural areas. He
noted that, if a motion from the previous term of Council had been passed, the
public would have been notified when the Official Plan was adopted and he
would not be here tonight. Mr. Robinson stated that he is concerned that 50% of
land was rezoned to Environmentally Protected (EP) with the approval of the
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Official Plan using outdated maps. He asked how Councillor Hooper would feel
is his store was zoned EP without notice.
Councillor Hooper left the meeting.
Mr. Robinson noted that he has continually asked for proof that the lands are to
be designated EP. He questioned why SLR Consulting was present tonight and
what their intent was. Mr. Robinson explained that they will be hosting a public
meeting on Thursday, October 24, 2019 at Faith United Church. He advised the
Committee that no letters have been sent to residents and they deserve to be
notified. Mr. Robinson urged the Councillors to support Resolution #C-333-19,
item 14.2 of the Agenda.
Councillor Hooper returned to the meeting.
8.6 Marvin Stapleton, Regarding Unfinished Business Item 14.2 Resolution #C-
333-19, Regarding Next Steps on Zone Clarington
Marvin Stapleton, was present regarding Unfinished Business Item 14.2
Resolution #C-333-19, Regarding Next Steps on Zone Clarington. Mr. Stapleton
explained that he is a sixth generation farmer in the Municipality of
Clarington. He noted that Council are elected officials and should do what is best
for the residents. Mr. Stapleton stated that the maps need to be corrected before
moving forward. He advised the Committee and staff to do the preparation work
in advance and so that they will be prepared for the future.
8.7 Scott Stevens, Regarding Unfinished Business Item 14.2 Resolution #C-
333-19, Regarding Next Steps on Zone Clarington
Scott Stevens, was present regarding Unfinished Business Item 14.2 Resolution
#C-333-19, Regarding Next Steps on Zone Clarington. Mr. Stevens was
concerned that the proposed Zone Clarington changes will negatively affect
farmers. He explained that these changes are adding more layers of
bureaucracy to farmers in Clarington. Mr. Stevens stated that he previously met
with staff, Councillor Zwart, Councillor Hooper and Councillor Anderson and
would like them to take the concerns expressed seriously. He asked Staff why
the Zoning By-law was being reviewed he was advised it needed to be
completed within three years of the approval of the Official Plan. Mr. Stevens
suggested that Zone Clarington should not proceed and address the issues
being raised. He explained that he had property with no buildings but, with the
proposed changes, he will not be able to build on that land in the future. Mr.
Stevens stated that agricultural is not constant, and farmers have to be able to
adapt, Zone Clarington will cause a restriction. He concluded by advising the
Members of Committee he is concerned with how the rural farming industry will
be affected if these restrictions are put in place.
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8.8 Dan Zegers, Regarding Unfinished Business Item 14.2 Resolution #C-333-
19, Regarding Next Steps on Zone Clarington
Dan Zegers, was present regarding Unfinished Business Item 14.2 Resolution
#C-333-19, Regarding Next Steps on Zone Clarington. Mr. Zegers thanked
Councillor Neal for his presentation at the October 7, 2019 Council meet ing, and
thanked the Councillors for their time and commitment on this matter. He noted
that he believes that Staff do not have the time to focus on this workload. Mr.
Zegers is concerned with the amount of time this matter is taking up for himself
and many property owners. He suggested that the Municipality be proactive and
join the Municipality of East Gwillimbury in their appeal and advise the Provincial
Government of the Municipality's concerns. Mr. Zegers stated the Clarington's
MPPs feel the policy is flawed and should be revisited before implementation. He
expressed his disappointed in the Mayor's approach on this matter. He
suggested that current farming practice won’t be able to continue if the EP lands
are implemented. Mr. Zegers explained that Clarington's logo says "leading the
way", and would like the Municipality to “lead the way” so others can follow. He
advised the Committee that, if letters are sent to all the land owners that may
potentially be affected by the proposed changes, it should contain the following:
1. current mapping of specific property
2. proposed mapping as per environmental features, specific to property
3. written descriptions of current environmental features on land that
require protection
4. explanation of why changes are required to protect the features
5. provide a way to verify features and a clear process for dispute and
resolution to address deficiencies
He concluded by asking the Members of Council to take the time to correct the
decisions that have been previously made by Council.
8.9 Steve Chandler, Regarding Unfinished Business Item 14.2 Resolution #C-
333-19, Regarding Next Steps on Zone Clarington
Steve Chandler, was present regarding Unfinished Business Item 14.2
Resolution #C-333-19, Regarding Next Steps on Zone Clarington. Mr. Chandler
explained that 6500 properties are affected by the proposed changes, which
results in a minimum 520 million dollar loss in property value. He stated that a
cost benefit analysis shows a result of all cost and no benefit. Mr. Chandler
advised the Committee that the rural lands are not changing and in 10 years they
will be the same. He noted that there is no added value to the wildlife habitats
because there will be no changes to the properties. He stated that there should
be impact studies done that highlight the adverse effects on property owners.
Mr. Chandler explained that these proposed changes will negatively impose life
altering impacts on residents of Clarington. He concluded by advising the
Committee that it is their duty to mitigate the negative impacts to residents.
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Planning and Development Committee Minutes October 22, 2019
14
8.10 Theresa Vandergaast, Regarding Unfinished Business Item 14.2 Resolution
#C-333-19, Regarding Next Steps on Zone Clarington
Theresa Vandergaast advised the Municipal Clerk’s Department, prior to the
meeting, that she would be unable to attend as a delegation.
9. Communications – Receive for Information
Resolution # PD-159-19
Moved by Mayor Foster
Seconded by Ron Hooper
That Communication Items 9.1 to 9.6, be received on consent, with the exception
of Communication Item 9.1.
Carried
9.2 Ralph Walton, Regional Clerk/Director of Legislative Services,
Region of Durham, Regarding Envision Durham – Environment and
Greenlands System Discussion Paper Report #2019-P-36
9.3 Ralph Walton, Regional Clerk/Director of Legislative Services,
Region of Durham, Regarding Envision Durham – Engagement and
Outreach – Public Opinion Survey Summary Report #2019-P-35
9.4 John Paul Newman, Director of Corporate Services/Clerk, Township
of Scugog, Regarding Provincial Policy Statement Review -
Response to Draft Policy Revisions
9.5 Megan Fletcher, Acting Deputy Clerk, Municipality of West Elgin,
Regarding Provincial Policy Statement
9.6 Courtenay Hoytfox, Development and Legislative Coordinator,
Township of Puslinch, Regarding Provincial Policy Statement Review
9.1 Ralph Walton, Regional Clerk/Director of Legislative Services, Region of
Durham, Regarding Employment Lands Servicing Project Status Report
#2019-EDT-15
Resolution # PD-160-19
Moved by Mayor Foster
Seconded by Councillor Traill
That Communication Item 9.1, be received for information.
Carried
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Planning and Development Committee Minutes October 22, 2019
15
10. Communications – Direction
10.1 Brian Bridgeman, Commissioner of Planning and Economic Development,
Region of Durham, Regarding Provincial Policy Statement Review,
Proposed Policies Report #2019-P-42
Councillor Neal left the chair.
Mayor Foster chaired this portion of the meeting.
Resolution # PD-161-19
Moved by Mayor Foster
Seconded by Ron Hooper
That the following resolution from the Region of Durham, regarding Provincial
Policy Statement Review, be endorsed by the Municipality of Clarington:
That Commissioner’s Report #2019-P-42 be endorsed as Durham
Region’s response to the Environmental Registry’s posting (ERO #019-
0279) for the Provincial Policy Statement Review – Proposed Policies,
including the following recommendations:
i) That, for clarification purposes, the term “Provincial Interest” be
defined in the PPS, or that a reference to section 2 of the Planning
Act be included;
ii) That a policy be included in Policy 1.1.1 that encourages the
preparation and implementation of community energy plans as a
component of planning for healthy, liveable and safe communities;
iii) That the term “market-based” in Policy 1.1.1.(6) be revised to
“market informed” to better reflect the provincial policy-led planning
system, and the Region’s long-term planning objectives that support
the provision of affordable and supportive housing, while
encouraging a more compact urban form that is sensitive to local
conditions;
iv) That the Province be requested to either release an updated Land
Needs Assessment guidance document, or confirm the existing draft
document, to help the Region advance Envision Durham, the
Region’s Municipal Comprehensive Review;
v) That the PPS continue to use the word “shall” in policies 1.1.3.6,
1.1.3.7 and 1.6.7.2 to assist with the implementation of orderly and
sequential development and complete communities;
vi) That the references to Section 2: Wise Use and Management of
Resources and Section 3: Protecting Public Health and Safety of the
PPS be reinstated in Policy 1.1.3.8 to ensure that the review of
Settlement Area boundaries is systematic, well planned and
comprehensive;
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Planning and Development Committee Minutes October 22, 2019
16
vii) That natural heritage and hydrologic systems be added as criteria
for consideration in the adjustment of Settlement Area boundaries to
ensure that these reviews are systematic, well-planned and
comprehensive and in sync with the Growth Plan;
viii) That the proposed wording changes to the land use compatibility
policies in Policies 1.2.6.1 and 1.2.6.2 not be supported, as the
changes could lead to greater conflict between sensitive uses and
industrial/manufacturing uses;
ix) That the Province be requested to provide additional guidance
regarding the appropriate transition area, or distance separation,
between industrial and manufacturing uses and non-employment
uses, including providing additional clarity regarding Places of
Worship that are regarded as sensitive land uses;
x) That the term “regional economic development corporation” in Policy
1.3.2.5 be changed to “Planning Authority” to be consistent with
other policies in the PPS;
xi) That the Province be requested to confirm whether it intends to
release updated population and employment forecasts for the
Greater Golden Horseshoe that would allow the Region to use a 25-
year planning horizon in its Municipal Comprehensive Review;
xii) That the Province clarify that the upper-tier planning authority is the
level which has responsibility for ensuring residential growth can be
accommodated for a minimum of 12 years, and that the three-year
supply of residential units is also maintained at the Regional level. In
addition, it should be clarified that the upper or single-tier
municipality would be responsible for defining the “regional market
area”;
That the proposed wording changes to Policy 1.6.6.3 be revised to
address and safeguard the financial and operational risks to a
municipality associated with privately-owned communal services;
xiv) That proposed Policy 1.6.6.7 of the PPS be deleted related to the
integration of stormwater and water/sewer planning, as the
responsibilities of municipalities in single-tier and two-tier systems
differ;
xv) That Policy 1.6.7.5 not be deleted as its removal is inconsistent with
the PPS overall, as the Province and municipalities are to support
the timely planning and implementation of transportation
infrastructure improvements, coincident with the scale and pace of
development, and the failure to provide this statement does not
support the principle of promoting transit supportive development;
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Planning and Development Committee Minutes October 22, 2019
17
xvi) That, for clarification purposes, the term “wayside” not be deleted
from the heading in Policy 2.5.5, as the policy is specific to wayside
pits and quarries;
xvii) That the Province provide guidance regarding how excess fill can
be managed by the planning and development approvals process
and suggest that excess fill can be managed through engineering
approvals for developments following the draft approval stage;
xviii) That the definition of the term “conserved” remain the same as per
the 2014 PPS to recognize that municipalities do not have the
authority to “approve” or adopt archaeological and heritage impact
assessments; and
xix) That a reference to climate data be added to the definition of
“impacts of a changing climate”.
B) That a copy of this report be forwarded to the Ministry of Municipal
Affairs and Housing, and Durham’s area municipalities and
conservation authorities.
Referred
Resolution # PD-162-19
Moved by Joe Neal
Seconded by Councillor Traill
That the item 10.1, be referred to the next Regular Council Meeting dated
October 28, 2019.
Carried
Resolution # PD-163-19
Moved by Joe Neal
Seconded by Councillor Jones
That Communication Items 10.1 to 10.2, be referred to the consideration of
Unfinished Business Item 14.2, Resolution #C-333-19, Regarding Next Steps on
Zone Clarington.
Carried
10.2 Ric Gulka, Regarding Unfinished Business Item 14.2 Resolution #C-
333-19, Regarding Next Steps on Zone Clarington
10.3 Vera Spange-Koukidis, Regarding Unfinished Business Item 14.2
Resolution #C-333-19, Regarding Next Steps on Zone Clarington
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Planning and Development Committee Minutes October 22, 2019
18
10.4 Emma West, Bousfields Inc., Regarding Report PSD-041-19, Community
Vision for Jury Lands, Urban Design Master Plan + Design Guidelines for
Former Ontario Boys Training School and WWII Prison of War Camp 30 -
Amendment No 121 to the Clarington Official P
Resolution # PD-164-19
Moved by Mayor Foster
Seconded by Councillor Jones
That the item 10.4, be referred to the consideration of Unfinished Business Item
14.3, PSD-041-19, Community Vision for Jury Lands, Urban Design Master Plan
+ Design Guidelines for Former Ontario Boys Training School and WWII Prison
of Ward Camp 30 - Amendment No 121 to the Clarington Official Plan.
Carried
11. Presentations
11.1 Steve Usher, SLR Consulting, Regarding Report PSD-047-19 Clarington
Transformer Station, Peer Review
Steve Usher, SLR Consulting, was present regarding Report PSD-047-19
Clarington Transformer Station, Peer Review. Mr. Usher provided an update on
the Clarington Transformer Station from 2018 to September 2019. He explained
that here have been no further Community Liaison Committee meetings
mandated since 2017. Mr. Usher noted that the Clarington Transformer station
has been on line for several years and no further site visits have been requested
of, nor conducted by, SLR in the reporting period. He advised the Committee
that SLR staff conducted two site visits, attended one public meeting, and
reviewed the 2017 Annual Monitoring Report (by Stantec on behalf of Hydro
One) on Clarington’s behalf and no new well owner complaints were received in
the reporting period. He stated that here have been no adverse effects of the
Transformer Station construction and operation on private wells. Mr. Usher
noted that the existing groundwater monitoring program will conclude October
31, 2019. He advised the Committee that Hydro One has offered a two year
extension of the private well monitoring program for interested residents. Mr.
Usher explained that they have learned a lot about the hydrogeology of the site
over the past few years providing additional scientific knowledge for the G360
researchers, and provided an update on the bore hole research. He advised the
Committee that SLR has been available to answer questions and review the
findings on behalf of resident’s private wells monitoring reports by Hydro
One. Mr. Usher mentioned that one final annual report, for 2019 is expected to
be issued by Hydro One in early 2020.
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Planning and Development Committee Minutes October 22, 2019
19
11.2 Dale Leadbeater, SLR Consulting, Regarding Unfinished Business
Item 14.2 Resolution #C-333-19 Next Steps on Zone Clarington
The Presentation was considered earlier in the meeting during the delegation
portion of the agenda.
11.3 Lisa Backus and Tracey Webster, Regarding Unfinished Business Item 14.2
Resolution #C-333-19 Next Steps on Zone Clarington
The Presentation was considered earlier in the meeting during the delegation
portion of the agenda.
12. Planning Services Department Reports
12.1 PSD-042-19 Applications by BV Courtice Partners LP (Trolleybus Urban
Development) for a Draft Plan of Subdivision and Zoning By-law
Amendment to permit 151 subdivision at the north-west corner of Hancock
Road and Nash Road in Courtice.
Report PSD-042-19 was considered earlier in the meeting during the public
meeting portion of the agenda.
12.2 PSD-043-19 Proposed Rezoning to permit East Penn battery facility located
at 1840 Energy Drive, Courtice)
Resolution # PD-165-19
Moved by Mayor Foster
Seconded by Councillor Jones
That Report PSD-043-19 be received;
That the proposed application for Rezoning ZBA 2019-0016 continue to be
processed including the preparation of a subsequent report; and
That all interested parties listed in Report PSD-043-19, and any delegations be
advised of Council’s decision.
Carried
12.3 PSD-044-19 Application by Werrcroft Farms to Amend Zoning By-law 84-63
and Zoning By-law 2005-109 to Facilitate a Surplus Farm Dwelling
Severance, 6115 & 6171 Vannest Road
Resolution # PD-166-19
Moved by Ron Hooper
Seconded by Mayor Foster
That Report PSD-044-19 be received;
That the application to amend Zoning By-laws 84-63 and 2005-109 continue to
be processed and that a subsequent report be prepared;
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20
That all interested parties listed in Report PSD-044-19 and any delegations be
advised of Council’s decision.
Carried
12.4 PSD-045-19 Applications by Werrcroft Farms Ltd. to amend the Clarington
Official Plan and Zoning By-law 2005-109 to facilitate a surplus farm
dwelling severance at 8800 Middle Road, Darlington
Resolution # PD-167-19
Moved by Mayor Foster
Seconded by Ron Hooper
That Report PSD-045-19 be received;
That the Municipality of Clarington has no objections to the approval of R egional
Official Plan Amendment 2019-003 to allow the severance of a non-abutting
surplus dwelling;
That Amendment No. 118 to the Clarington Official Plan as contained in
Attachment 1 of Report PSD-045-19 be adopted;
That the application to amend Zoning By-law 2005-109 be approved and the By-
law contained in Attachment 2 of Report PSD-045-19 be passed;
That the Region of Durham Planning and Economic Development Committee
and Municipal Property Assessment Corporation be forwarded a copy of Report
PSD-045-19 and Council’s decision; and
That all interested parties listed in Report PSD-045-19 and any delegations be
advised of Council’s decision.
Carried
12.5 PSD-046-19 Renaming of King Street in Haydon and a remnant of King
Street in Bowmanville
Resolution # PD-168-19
Moved by Mayor Foster
Seconded by Councillor Traill
That Report PSD-046-19 be received;
That the By-law shown in Attachment 1 to Report PSD-046-19 be approved to:
a. rename King Street in Haydon to Grasshopper Park Road; and
b. rename the remnant portion of King Street in Bowmanville to Kings Hill
Lane;
That all affected landowners receive a goodwill payment, in accordance with the
Municipality of Clarington’s Goodwill Payment Policy for Municipally Initiated
Street Name Changes, to recognize the inconvenience and time associated with
the street name changes;
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Planning and Development Committee Minutes October 22, 2019
21
That a copy of Report PSD-046-19 and Council’s decision be forwarded to the
Durham Regional Police Service and the Durham Regional Planning and
Economic Development Department; and
That all interested parties listed in Report PSD-046-19 and any delegations be
advised of Council’s decision.
Carried
12.6 PSD-047-19 Clarington Transformer Station, Peer Review Update
Resolution # PD-169-19
Moved by Ron Hooper
Seconded by Councillor Jones
That Report PSD-047-19-19 be received; and
That all interested parties listed in Report PSD-047-19 and any delegations be
advised of Council’s decision.
Carried
12.7 PSD-048-19 St. Mary’s Cement Air Quality Monitoring – Options for
Retaining an Air Quality Expert
Resolution # PD-170-19
Moved by Mayor Foster
Seconded by Councillor Jones
That Report PSD-048-19 be received; and
That funding for an air quality expert be referred to the 2020 budget
deliberations.
Carried
13. New Business – Consideration
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Planning and Development Committee Minutes October 22, 2019
22
14. Unfinished Business
14.1 PSD-039-19 Exemption Request for 10 Victoria Street from Interim Control
By-law
Councillor Zwart declared a direct interest in Report PSD-039-19. Councillor
Zwart left the room and refrained from discussion and voting on this matter.
Resolution # PD-171-19
Moved by Councillor Traill
Seconded by Mayor Foster
That Report PSD-039-19, Exemption Request for 10 Victoria Street from Interim
Control By-law be tabled to the Planning and Development Committee meeting
of November 12, 2019.
Tabled
14.2 Resolution #C-333-19, Regarding Next Steps on Zone Clarington
Councillor Neal left the chair.
Mayor Foster chaired this portion of the meeting.
Resolution # PD-172-19
Moved by Joe Neal
Seconded by Councillor Zwart
That the Zone Clarington amendments to the Clarington Zoning By-laws be
abandoned;
That Staff shall take all steps necessary to amend Clarington’s Official Plan by
way of a Municipal Comprehensive Review, and with the Natural Heritage
designation in Map D and Environmental Protection Area in Map A of the Official
Plan for rural lands being limited to:
a. Provincially Significant Wetland;
b. Areas designated by CLOCA as being within a floodplain (red line on CLOCA
maps);
c. Areas designated by the GRCA as being within a floodplain;
d. Land designated on the current Region of Durham Official Plan, Schedule B
Map B-1 as containing Key Natural Heritage and Hydrologic Features;
e. Land which is Significant Woodland; and
f. Such other key natural heritage and key hydrologic features, natural hazards,
and 30 metre minimum vegetation zone not included in (a) to (e) which are (i)
mandated by provincial legislation or the Regional Official Plan; and (ii) which
have specifically been approved by Council; prior to the submission of the
Official Plan Amendment to the Region of Durham;
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Planning and Development Committee Minutes October 22, 2019
23
That Planning only notify rural property owners and residents regarding the
Official Plan changes that were approved by the Region of Durham in 2017, by
Canada Post mail personally addressed to each of the landowners registered on
the title for each property affected for those (i) living in Clarington; and (ii) to
owners outside the Municipality and that the notice include what cannot be done
on the Environmental Protected portion of their land as a result of the proposed
Environmental Protection and that the notification clearly state what is happening
on their property as a result of the zoning changes;
That any amendments to the Official Plan in furtherance of this Resolution shall
be at no cost to the landowners for application fees;
That, in accordance with the Budget Policy, Staff are authorized to re -allocate
budget allocations to fund the communication in paragraph 3;
Prior to commencing a comprehensive amendment to the Clarington Zoning
By‑laws, staff report to Planning Committee on the proposed EP Zoning
changes, including mapping; and that if necessary an extension be requested
from the Minister;
That Report PSD 040-19 be received, and that all interested parties listed in
Report PSD-040-19 and any delegations be advised of Council’s decision; and
That Council’s decision and a copy of Report PSD-040-19 be forwarded to the
Region of Durham, CLOCA, the GRCA, and the Ministry of Municipal Affairs and
Housing.
Yes (3): Councillor Jones, Joe Neal, and Councillor Traill
No (4): Mayor Foster, Councillor Anderson, Ron Hooper, and Councillor Zwart
Motion Lost (3 to 4)
Mayor Foster left the Chair.
Councillor Neal chaired this portion of the meeting.
Resolution # PD-173-19
Moved by Mayor Foster
Seconded by Councillor Anderson
That Report PSD-040-19 be received;
That staff expedite the site review assessments for the rural area using the
process outlined in Table 1 of Report PSD-040-19; and
That Resolution #C-333-19 be tabled to the January 13, 2020, allow staff time to
prepare responses to the delegations and comments brought forward at the June
24, 2019 Meeting.
Motion Ruled Out of Order
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Planning and Development Committee Minutes October 22, 2019
24
Resolution # PD-174-19
Moved by Mayor Foster
Seconded by Councillor Anderson
That the foregoing Resolution #PD-173-19 be amended by inserting the words
“consideration of matters contained in” before the words “Resolution #C-333-19”
in Paragraph 3.
Motion Ruled Out of Order
Recess
Resolution # PD-175-19
Moved by Councillor Traill
Seconded by Councillor Hooper
That the Committee recess for 5 minutes.
Carried
The meeting reconvened at 1:17 AM with Mayor Foster in the Chair.
Resolution # PD-176-19
Moved by Mayor Foster
Seconded by Councillor Anderson
That Report PSD-040-19 be received;
That staff expedite the site review assessments for the rural area using the
process outlined in Table 1 of Report PSD-040-19; and
That Staff Report to the February 3, 2020, Planning and Development Committee
meeting to allow staff time to prepare responses to the delegations and
comments brought forward at the June 24, 2019 Meeting.
Yes (1): Mayor Foster
No (6): Councillor Anderson, Ron Hooper, Councillor Jones, Joe Neal, Councillor Traill,
and Councillor Zwart
Motion Lost (1 to 6)
Resolution # PD-177-19
Moved by Councillor Traill
Seconded by Councillor Anderson
That the rural portion of the zoning by-law amendment be tabled indefinitely.
Yes (7): Mayor Foster, Councillor Anderson, Ron Hooper, Councillor Jones, Joe Neal,
Councillor Traill, and Councillor Zwart
Carried (7 to 0)
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Planning and Development Committee Minutes October 22, 2019
25
14.3 PSD-041-19 Community Vision for Jury Lands, Urban Design Master Plan +
Design Guidelines for Former Ontario Boys Training School and WWII
Prison of War Camp 30 – Amendment No 121 to the Clarington Official Plan
Lifted from the Table
Resolution # PD-178-19
Moved by Councillor Traill
Seconded by Mayor Foster
That the matter of report PSD-041-19, Community Vision for Jury Lands, Urban
Design Master Plan + Design Guidelines for Former Ontario Boys Training
School and WWII Prison of War Camp 30 – Amendment No 121 to the
Clarington Official Plan, be lifted from the table.
Carried
Resolution # PD-179-19
Moved by Councillor Traill
Seconded by Ron Hooper
That Report PSD-041-19 be tabled to the Council meeting of October 28, 2019,
Tabled
14.4 Confidential Report LGL-013-19 10 Victoria Street – Exemption from Part
Lot Control
Councillor Zwart declared a direct interest in Confidential Report LGL-013-19.
Councillor Zwart left the room and refrained from discussion and voting on this
matter.
Resolution # PD-180-19
Moved by Mayor Foster
Seconded by Ron Hooper
That Report LGL-013-19, 10 Victoria Street – Exemption from Part Lot Control be
tabled to the Planning and Development Committee meeting of November 12,
2019.
Tabled
15. Confidential Reports
No Confidential Reports
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Planning and Development Committee Minutes October 22, 2019
26
16. Adjournment
Resolution # PD-181-19
Moved by Ron Hooper
Seconded by Councillor Jones
That the meeting adjourn at 1:40 AM.
Carried
________________________________ ________________________________
Mayor Deputy Clerk
Page 31
Staff Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: Planning and Development Committee
Date of Meeting: November 12, 2019 Report Number: PSD-050-19
Submitted By: Faye Langmaid, Acting Director of Planning Services
Reviewed By: Andrew C. Allison, CAO Resolution#:
File Number: ZBA2019-0016 By-law Number:
Report Subject: Proposed Rezoning to permit East Penn development of 1840 Energy
Drive, Courtice
Recommendations:
1. That Report PSD-050-19 be received;
2. That the By-law attached to Report PSD-050-19, as Attachment 1, be approved;
3. That once all conditions contained in the Official Plan and Zoning By-law with respect to
the removal of the (H) Holding Symbol are satisfied, a By-law authorizing the removal of
the (H) Holding Symbol be approved by Council;
4. That the Durham Regional Planning and Economic Development Department and
Municipal Property Assessment Corporation be forwarded a copy of
Report PSD-050-19 and Council’s decision; and
5. That all interested parties listed in Report PSD-050-19, and any delegations be advised
of Council’s decision.
Page 32
Municipality of Clarington Page 2
Report PSD-050-19
Application Details
Former Township of Darlington
Background
Report Overview
This is a recommendation report regarding a rezoning application that has the effect of
permitting a significant industrial development in Clarington’s Energy Business Park in
Courtice.
The lands are owned by East Penn Canada Power Battery Sales Ltd. The proposed
amendment to zoning regulations will facilitate the development of their warehouse,
distribution centre and national head office in Clarington. The first phase of development is
for 15,330 square metres of industrial warehouse, 2,950 square metres of office space, with
a future second phase of warehouse space having an area of 13,935 square me tres.
Page 33
Municipality of Clarington Page 3
Report PSD-050-19
Page 34
Municipality of Clarington Page 4
Report PSD-050-19
Planning Opinion Letter
Functional Servicing and Stormwater Management Report
Traffic Impact Study
Phase I and II Environmental Site Assessment
Land Characteristics and Surrounding Uses
North - Megawatt Drive, realigned Highway 401
South - Existing Energy from Waste facility and OPG’s Durham Energy Complex
East - Vacant Industrial Lands owned by Ontario Power Generation
West - Vacant Industrial Lands owned by the Region of Durham
Page 35
Municipality of Clarington Page 5
Report PSD-050-19
Provincial Policy
Provincial Policy Statement
Provincial Growth Plan
Page 36
Municipality of Clarington Page 6
Report PSD-050-19
Official Plans
Durham Regional Official Plan
Clarington Official Plan
Clarington Energy Business Park Secondary Plan
Page 37
Municipality of Clarington Page 7
Report PSD-050-19
Zoning By-law
Summary of Background Studies
Planning Opinion Letter
Page 38
Municipality of Clarington Page 8
Report PSD-050-19
Functional Servicing Report
Traffic Impact Study
Phase I and II Environmental Site Assessment
Page 39
Municipality of Clarington Page 9
Report PSD-050-19
Public Submissions
Agency Comments
Regional Municipality of Durham
Central Lake Ontario Conservation Authority
Ministry of Transportation
Durham Regional Police Communications
Departmental Comments
Engineering Services
Page 40
Municipality of Clarington Page 10
Report PSD-050-19
Building Division
Emergency and Fire Services
10.5 Emergency and Fire Services does not object to the rezoning and provided comments
relating to requirements for fire hydrant connections to be reflected on the site plan
submission.
Accessibility Committee
Discussion
Page 41
Municipality of Clarington Page 12
Report PSD-050-19
Concurrence
Not Applicable.
Conclusion
In consideration of all comments received to date, it is respectfully recommended that
the application by East Penn to amend the regulations in the MO2 -1 Zone be approved.
Staff Contact: Anne Taylor Scott, Senior Planner, 905-623-3379 ext. 2414 or
ataylorscott@clarington.net.
Attachment:
Attachment 1 - Proposed Zoning By-law Amendment
The following interested parties will be notified of Council's decision:
Jim and Mike Bouchard, East Penn Canada
John Papanicolaou, East Penn Canada
Michael Fry, D.G. Biddle & Associates Ltd.
Michael Carswell, D.G. Biddle & Associates Ltd.
Page 43
Attachment 1 to Report PSD-050-19
C:\Program Files\eSCR BE\TEMP\19182337828\19182337828,,,Attachment 1 to Report PSD-050-19(1).docx
Corporation of the Municipality of Clarington
By-law Number 2019-______
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Corporation of the Municipality of Clarington
Whereas the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of
Clarington for ZBA2019-0016;
Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1 Section 23B.4.1 is hereby by deleted and replaced with the following:
“23B.4.1 Energy Park Prestige Exception (MO2-1) Zone
Notwithstanding the provisions of 23B.3 c., g., h. and j., those lands zoned
“MO2-1” on the Schedules to this By-law are subject to the following provisions:
a. Yard Requirements
i) Adjacent to Energy Drive
a) Minimum
(i) To business or professional office 6 metres
(ii) To energy-related use 20 metres
b) Maximum
(i) To business or professional office 20 metres
(ii) To energy-related use 35 metres
ii) Adjacent to Osborne Road (Front Yard)
a) Minimum 8 metres
b) Maximum 10 metres
iii) Adjacent to Megawatt Drive
a) Minimum 25 metres
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C:\Program Files\eSCR BE\TEMP\19182337828\19182337828,,,Attachment 1 to Report PSD-050-19(1).docx
b. Landscaping Strip Width (minimum)
i) Along Energy Drive 4 metres in front of office;
6 metres in front of warehouse and parking
ii) Along Osborne Road 4 metres
iii) Along Megawatt 6 metres
c. Street Façade
i) Energy Drive A minimum of 10% of the street façade
shall be occupied by the energy-related
business/administrative office;
A maximum of 35% of the street façade
may occupied by any other permitted use, provided
that the total building façade shall be no less than 45%
of the lot frontage.
ii) Osborne Road A minimum of 45% of the street façade
shall be occupied by any permitted use
iii) Megawatt Drive Not applicable
d. Parking Location on the lot
Parking areas shall not be permitted to locate closer to the street line than
the nearest wall of the building façade parallel to Energy Drive or Osborne
Road.
e. Screening
A berm having a minimum width of 10 metres, and a minimum height of 2
metres, shall be constructed along the Megawatt Drive frontage.”
2. This By-law shall come into effect on the date of the passing hereof, subject to the
provisions of Section 34 and 36 of the Planning Act.
By-Law passed in open session this _____ day of ____________, 2019
__________________________
Adrian Foster, Mayor
__________________________
C. Anne Greentree, Municipal Clerk
Page 45
Staff Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: Planning and Development Committee
Date of Meeting: November 12, 2019 Report Number: PSD-049-19
Submitted By: Faye Langmaid, Acting Director of Planning Services
Reviewed By: Andrew C. Allison, CAO Resolution#:
File Number: RE 16.41 By-law Number:
Report Subject: Declaration of Surplus Property at the Bowmanville Avenue Westbound
Exit from Highway 401.
Recommendations:
1. That Report PSD-049-19 be received;
2. That Council declare approximately 587 square metres of the property identified as
Part 1, 2 and 12 on plan 40R-22625 and shown in Figure 1 of Report PSD-049-19,
as surplus;
3. That the parcels be transferred to Bowmanville Creek Developments Inc., the
adjacent property owner, in exchange for cash or enhancements to the lands that
are to the benefit of the Municipality, equivalent to the appraised value; and
4. That all interested parties listed in Report PSD-049-19 and any delegations be
advised of Council’s decision.
Page 46
Municipality of Clarington Page 2
Report PSD-049-19
1. Background
1.1. In August of 2019, interest was expressed by Bowmanville Creek Development Inc.
(Torgan) in the acquisition of 587 square metres (0.14 acres) to be used in co njunction
with other properties to the east and north for commercial development. The requested
parcel of land is on the north side of the 401 westbound exit ramp to Bowmanville
Avenue shown in Figure 1 (next page).
1.2. On September 30, report PSD-034-19 recommended declaring the subject land surplus
and authorizing staff to negotiate the property transfer to Torgan as part of the site plan
agreement.
1.3. Having learned that a portion of the land was initially provided as parkland dedication
Staff recommended that an appraisal be completed for the subject lands.
1.4. Since then, a Commercial Site Plan Amendment application was submitted by Torgan
on October 16. The proposal includes 5,950 square metres (64,000 square feet) of
floor area spread between four retail buildings and three restaurants. This application
has been circulated for review by all relevant departments and agencies.
Report Overview
Bowmanville Creek Development Inc. (Torgan) has requested that the Municipality declare
surplus lands at the northeast corner of Highway 401 and Bowmanville Avenue. These
lands are no longer needed by the Municipality. Torgan would like to incorporate these
lands into their development.
A portion of these lands were previously given by Torgan to the Municipality. The remainder
was provided as parkland by the previous owner (the Shell station).
To dispose of Municipally-owned properties they must first be declared surplus.
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Municipality of Clarington Page 3
Report PSD-049-19
Figure 1 – Key Map showing lands at the westbound exit ramp from the 401 to Bowmanville
Avenue to be declared surplus.
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Municipality of Clarington Page 4
Report PSD-049-19
2. Appraisal
2.1. The Appraisal Report identifies the estimated market value of the property. The
appraisal is an accurate reflection of appraisal practices, the report notes that it is
difficult to account for a one-seller / one-buyer scenario. The Appraiser indicates there
is a “very wide variation in suggested percentages of value, [which] reflects the very real
problematic nature of the market structure”.
2.2. The Municipality may choose to offer the subject lands at the appraised value.
However, it is just as likely that Torgan may choose to revise their proposal so as to not
use the subject lands.
3. Comments
3.1. The lands being requested were received by the Municipality for the purpose of
installing a “Welcome to Bowmanville” sign near Highway 401. The sign has since been
constructed on Bowmanville Avenue at Waverley Road. The lands were acquired in
two parts:
As a parkland dedication for the existing Shell fuel station, who at the time where
the owners of the entire parcel; and
Gratuitously given to the Municipality as part of the Site Plan approvals for the
Torgan commercial development, which is now being revised.
The logical owner for these lands would be an adjacent property owner, which is either
Torgan or the Ministry of Transportation. The Ministry of Transportation have indicated
they do not require the lands.
3.2. The acquiring property owner will be responsible for ensuring any proposal for the lands
conforms with the Official Plan and Zoning By-law or seek approval of the required
amendments. Notice of the proposed transfer would be given on the Municipal website.
3.3. By-law 2011-11, being a by-law to establish procedures governing the sale of real
property, states that from time to time Council may propose the sale of land providing
that:
It is declared surplus;
At least one appraisal or letter of opinion of fair market value of the land to be
sold from a qualified appraiser is obtained; and
Notice is given to the public by publication or an advertisement and/or posting on
the Municipality’s website.
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Municipality of Clarington Page 5
Report PSD-049-19
4. Concurrence
This report has been reviewed by the Acting Director of Engineering Services and the
Municipal Solicitor who concur with the recommendation.
5. Conclusion
It is recommended the Municipality offer to transfer the lands to Torgan in exchange for
public benefits in the form of cash and/or enhanced on-site features that promote
Bowmanville to the public travelling along Highway 401, equivalent to the appraised
value.
Staff Contact: Paul Wirch, Senior Planner 905-623-3379 ext. 2418 or pwirch@clarington.net.
Attachments:
Attachment 1 – Confidential memo on the appraised value (under separate cover)
Attachment 2 – Proposed Site Plan
Interested Parties:
The following interested parties will be notified of Council's decision:
David McKay, Partner, MHBC Planning
Ornella Richichi, Chief Development Officer, The Torgan Group
Page 50
Staff Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: Planning and Development Committee
Date of Meeting: November 12, 2019 Report Number: PSD-050-19
Submitted By: Faye Langmaid, Acting Director of Planning Services
Reviewed By: Andrew C. Allison, CAO Resolution#:
File Number: ZBA2019-0016 By-law Number:
Report Subject: Proposed Rezoning to permit East Penn development of 1840 Energy
Drive, Courtice
Recommendations:
1. That Report PSD-050-19 be received;
2. That the By-law attached to Report PSD-050-19, as Attachment 1, be approved;
3. That once all conditions contained in the Official Plan and Zoning By-law with respect to
the removal of the (H) Holding Symbol are satisfied, a By-law authorizing the removal of
the (H) Holding Symbol be approved by Council;
4. That the Durham Regional Planning and Economic Development Department and
Municipal Property Assessment Corporation be forwarded a copy of
Report PSD-050-19 and Council’s decision; and
5. That all interested parties listed in Report PSD-050-19, and any delegations be advised
of Council’s decision.
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Municipality of Clarington Page 2
Report PSD-050-19
1. Application Details
1.1. Owner/Applicant: East Penn Canada Power Battery Sales Ltd.
1.2. Agent: D.G. Biddle & Associates Limited
1.3. Proposal: Proposed amendment to regulations in the Energy Park Prestige
Exception (MO2-1) Zone
1.4. Area: 9.85 hectares (24.35 acres)
1.5. Location: 1840 Energy Drive, Courtice
Part of Lot 27, Broken Front Concession
Former Township of Darlington
1.6. Roll Number: 1817 010 050 008900
1.7. Within Built Boundary: Yes
2. Background
2.1. On September 13, 2019, East Penn submitted an application to amend the Zoning By-
law. The purpose of the rezoning is to amend the setback regulations in the existing
Energy Park Prestige Exception (MO2-1) Zone. The effect would be to allow for the
consolidation of the East Penn battery warehouse and head office (currently located in
Ajax and Pickering) to the Energy Drive site. (See Figure 1: Key Map).
Report Overview
This is a recommendation report regarding a rezoning application that has the effect of
permitting a significant industrial development in Clarington’s Energy Business Park in
Courtice.
The lands are owned by East Penn Canada Power Battery Sales Ltd. The proposed
amendment to zoning regulations will facilitate the development of their warehouse,
distribution centre and national head office in Clarington. The first phase of development is
for 15,330 square metres of industrial warehouse, 2,950 square metres of office space, with
a future second phase of warehouse space having an area of 13,935 square me tres.
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Municipality of Clarington Page 3
Report PSD-050-19
Figure 1: Key Map
2.2. The business involves battery post-production, distribution and recycling. The office
component will serve as the national headquarters of East Penn. The total building floor
space proposed for the site including all phases totals 32,215 square metres (close to
350,000 square feet). The company has 17 warehouse facilities across Canada.
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Municipality of Clarington Page 4
Report PSD-050-19
2.3. The applicant has submitted the following studies and reports in support of the
development. These will be reviewed under Section 7 of this report:
Planning Opinion Letter
Functional Servicing and Stormwater Management Report
Traffic Impact Study
Phase I and II Environmental Site Assessment
3. Land Characteristics and Surrounding Uses
3.1. The subject lands are currently vacant of buildings or structures. The lands were
previously the location of Manheim’s Auto Auction and used for parking and storage of
off-lease cars until approximately 2010.
3.2. The site is relatively flat and drains west to an existing watercourse and stormwater
pond at the western edge of the site. There is a berm located along the south end of
the site adjacent to Energy Drive.
Figure 2: View of Site towards Southeast
3.3. The surrounding uses are as follows:
North - Megawatt Drive, realigned Highway 401
South - Existing Energy from Waste facility and OPG’s Durham Energy Complex
East - Vacant Industrial Lands owned by Ontario Power Generation
West - Vacant Industrial Lands owned by the Region of Durham
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Municipality of Clarington Page 5
Report PSD-050-19
4. Provincial Policy
Provincial Policy Statement
4.1. Settlement areas are the focus of growth and development. Appropriate land uses are
based on efficient use of land, resources and infrastructure.
4.2. Economic development and competitiveness is supported by an appropriate mix and
range of employment uses. Municipalities are to provide opportunities for a diversified
economic base, including maintaining a range and choice of suitable sites for
employment uses. The necessary infrastructure to support current and p rojected needs
shall be provided. Employment areas in proximity to major goods movement facilities
and corridors for employment uses that require such locations shall be protected.
4.3. Natural features shall be protected and appropriate stormwater management f acilities
must be provided.
4.4. The proposed amendments are consistent with the Provincial Policy Statement.
Provincial Growth Plan
4.5. Forecasted growth is directed to settlement areas on full municipal services. Complete
communities offer, and support opportunities for all people to access an appropriate mix
of jobs, local store and services, housing, transportation and public service facilities.
4.6. Economic development and competitiveness in the Greater Golden Horseshoe is
supported by making more efficient use of vacant and underutilized employment lands
and increasing employment densities. Transit connections should be planned and
provided to major employment areas. Municipalities may identify and protect prime
employment areas along major goods movement facilities and corridors, including major
highway interchanges.
4.7. Transportation policies of the Growth Plan support planning for multimodal access to all
land uses including employment areas. Municipalities will provide for priority routes for
goods movement to facilitate the movement of goods into and out of employment areas,
and provide alternate routes connecting to the provincial network.
4.8. Detailed storm water management plans must be completed and must be informed by a
subwatershed plan or equivalent, incorporate integrated treatment including low impact
development techniques and green infrastructure utilizing site specific planning, design
and construction practices to minimize environmental impacts.
4.9. The proposed amendment conforms to the direction of the Growth Plan for the Greater
Golden Horseshoe and will contribute to employment generation in the designated Built-
up area.
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Municipality of Clarington Page 6
Report PSD-050-19
5. Official Plans
Durham Regional Official Plan
5.1. The Durham Region Official Plan designates the lands as “Employment Area”.
Employment Areas are intended to accommodate uses that may require access to the
highway, rail and/or shipping facilities, separation from sensitive uses, or may benefit
from locating close to similar uses. Uses permitted in this area may include
manufacturing, assembly, and processing of goods, service industries, research and
development industries, and warehousing.
5.2. The subject zoning by-law amendment conforms to the Regional Official Plan.
Clarington Official Plan
5.3. The Clarington Official Plan designates the subject lands Business Park.
5.4. A small area of land is identified as part of the natural heritage system. This area is
associated with a small tributary of Tooley Creek.
5.5. Business Parks have prime exposure along Highway 401 and major arterial roads.
Development within Business Parks is intended for employment uses exhibiting the
highest standard of building design and landscaping in order to provide an attractive
appearance that reflects or takes advantage of such high visibility. Goals, objectives
and policies applicable to Business Parks shall be set out in Secondary Plans.
5.6. A minimum density target of 30 jobs per gross hectare is required adjacent to the
Highway 401 Corridor.
Clarington Energy Business Park Secondary Plan
5.7. The Secondary Plan designates the subject lands a mix of Prestige Employment
Corridor along the north half of the site and Light Industrial 1 over the south half of the
site.
5.8. The intent of the Energy Business Park policies is to promote growth in the energy and
environment sectors of the regional economy and to create an energy cluster.
5.9. The Prestige Employment Corridor designation permits business office; research and
development facilities; university and college facilities; manufacturing, assembling and
fabricating facilities; warehousing (ancillary to the uses listed above) and commercial or
technical schools.
5.10. The Light Industrial 1 designation permits business office; research and development
facilities; manufacturing, assembling and fabricating facilities; industrial processing of
waste materials, and warehousing (ancillary to the uses listed above).
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Municipality of Clarington Page 7
Report PSD-050-19
5.11. The Secondary Plan provides a host of urban design standards with respect to
streetscaping, site layout and design, landscaping strips and location of parking and
loading areas.
5.12. The proposed amendment to zoning regulations conform s to the Secondary Plan
direction. The plan policies, including urban design directives, will be further
implemented at the site plan stage.
6. Zoning By-law
6.1. Zoning By-law 84-63 zones the subject lands Energy Park Prestige Exception (MO2-1)
Zone. The MO2-1 Zone permits the proposed energy-related and office space while the
exception allowed for an automotive auction facility. The zone regulations stipulate a
minimum and maximum yard setback to all street lines. The applicant proposes to
amend the setback regulations to allow the development on the site with one large
building.
7. Summary of Background Studies
Planning Opinion Letter
7.1. The Planning Opinion letter reviews the development in the context of the Durham
Regional Official Plan, the Clarington Official Plan and the Clarington Energy Park
Secondary Plan.
7.2. The proposed uses for the site conform to the Secondary Plan. The orientation of the
building will be along Energy Drive, with loading areas to the north. Screening, berming
and landscaping will address views from Highway 401.
7.3. The report acknowledges that the Secondary Plan and existing Zoning may have
contemplated the development of several smaller parcels and buildings versus one
large development. The requested rezoning will tailor the zoning to the proposed
massing and scale of the development.
7.4. Building materials, urban design elements and landscaping are intended to reflect the
prestige designation as it relates to high visibility along Energy Drive and Highway 401,
and appropriate screening of loading and service areas.
7.5. Due to the size and operation requirements of the proposed uses, the Zoning By-law
setbacks cannot be adhered to, triggering the need for the amendment to yard setbacks
adjacent to the public streets. The consultant provided a draft zoning by-law
amendment for consideration.
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Report PSD-050-19
Functional Servicing Report
7.6. The study and preliminary servicing drawing demonstrates the site can be serviced by
existing water and sanitary sewers and connections that exist at the south property limit
along Energy Drive.
7.7. Stormwater management will be addressed on-site in accordance with the Clarington
Energy Business Park Master Drainage Plan (AECOM, March 2011). Two private
stormwater management ponds are proposed – one to the north of the warehouse, and
one along the westerly edge of the property. The ponds will be designed to address
water quantity and water quality. An infiltration gallery proposed along the east limit of
the building will be designed to accept all water collected on the roof top of the
development.
7.8. The report also provides recommendations on sediment and erosion controls to be
implemented during the construction phase.
Traffic Impact Study
7.9. The Traffic Impact Study finds that the road network and intersections proximate to the
site will continue to operate within acceptable levels of service. However the study does
identify left turning movements at Courtice Road ramps associated with Highway 401
that are forecasted to operate at a poor level of service. The turning movements would
be improved by signalization.
7.10. The report identifies that the area is in transition because of construction related to
Highway 418 and should be monitored as traffic patterns stabilize.
7.11. The report identifies that while the local road network of Energy Drive, Osborne Road
and Megawatt Drive can accommodate the proposed development that the broader
issue of turning movements at the Courtice Road ramps will require review and
recommendations as part of the overall Secondary Plan review and transportation
planning for the neighbourhood.
7.12. The study also recommends implementing strategies such as transit connections and
active transportation linkages as alternatives to vehicular access to the site.
Phase I and II Environmental Site Assessment
7.13. Both a Phase I and a Phase II Environmental Site Assessment were completed in
accordance with the Ministry of Environment, Conservation and Parks guidelines, and
the Region of Durham’s Site Contamination Protocol. From the soil and water sample
testing, no exceedances were noted by the Qualified Person. Since the proposed
development is not considered a sensitive use, no further study is recommended.
The site is cleared for development from a soil and water contamination perspective.
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Municipality of Clarington Page 9
Report PSD-050-19
8. Public Submissions
8.1. A notice of the Public Meeting was mailed on October 1, 2019. Three public meeting
signs were posted on the subject property. The Notice was posted on the municipal
website, in social media platforms and in the Clarington E-update.
8.2. At the public meeting held on October 22, 2019, no area land owners or residents spoke
in favour or in opposition to the application.
8.3. At the time of writing this report, no area land owners or residents have contacted staff
regarding the proposal.
9. Agency Comments
Regional Municipality of Durham
9.1. Regional Planning provided informal comments advising they have no objections to the
rezoning subject to clearance of Regional interests such as: the Region’s Site
Contamination Protocol, Archaeology and Regional Works requirements as part of a
Holding Provision on the site and/or as part of the future site plan approval process.
Central Lake Ontario Conservation Authority
9.2. The Central Lake Ontario Conservation Authority has no objections to the zoning by-law
amendment. The Engineering drawing and functional servicing report are under review
and will be finalized as part of the site plan application.
Ministry of Transportation
9.3. The Ministry of Transportation has no objections to the rezoning. The functional
servicing report and traffic impact study are under review and will be finalized as part of
the site plan application.
Durham Regional Police Communications
9.4. The Communications Department of DRPS has no objections.
10. Departmental Comments
Engineering Services
10.1. Engineering Services has no objection to the rezoning. Functional servicing and grading
plans for the site are satisfactory and may be refined during the site plan approval
stage.
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Municipality of Clarington Page 10
Report PSD-050-19
10.2. Standard comments with respect to financial requirements , boulevard works, entrance
construction, road occupancy and site alteration will be forwarded to the applicant and
to be address at the site plan stage.
10.3. A cash-in-lieu of parkland payment will be required as a condition of site plan approval.
Building Division
10.4. The Building Division provided no comments or objections to the rezoning.
Emergency and Fire Services
10.5. Emergency and Fire Services does not object to the rezoning and provided comments
relating to requirements for fire hydrant connections to be reflected on the site plan
submission.
Accessibility Committee
10.6. The Committee provided guidance on site design to provide for accessible parking;
barrier-free path of travel throughout the site; and accessible outdoor amenity space for
employees. The Committee will continue to be circulated during the site plan process.
11. Discussion
11.1. The proposed energy-related use is permitted by the Official Plan, the Clarington
Energy Park Secondary Plan and the Zoning By-law, as amended.
11.2. The existing Zoning By-law for the Energy Park was approved in 2006. At the time the
by-law was drafted to implement the Clarington Energy Park Secondary Plan. A site -
specific zone was created for this parcel to recognize the existing Manheim Auto
Auction facility.
11.3. The Secondary Plan contemplated, at that time, the site being split into smaller parcels
fronting on Energy Drive, Osborne Road and along Megawatt Drive.
11.4. The north half of the site is designated as a Prestige Employment Corridor, while the
southern half of the site is designated as Light Industrial 1 in the Secondary Plan. The
permitted employment uses in both designations are very similar and include office,
research and development, manufacturing, fabricated and assembly uses and
warehousing ancillary to office uses. The Prestige Employment Corridor differs slightly
allowing for additional uses such as post-secondary uses and commercial/technical
schools. The Prestige Employment Corridor policies highlight the high degree of
visibility from Highway 401. Development should take advantage of these views,
however any service or loading areas should be appropriately screened.
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Report PSD-050-19
11.10.1. Treatment at the corner of Energy Drive and Osborne Road – building
must be designed with emphasis at the intersection, including landscape design
elements. Applicant to consider incorporating public art into the design.
11.10.2. Building design and treatment along streets to ensure high quality
architecture and building materials within the public realm. Accessible entrances
via the public right-of-way.
11.10.3. Sustainability and energy efficient elements to be encouraged and
highlighted during site and building design.
11.10.4. Active transportation pathways through the site with connections to the
broader neighbourhood.
11.10.5. Treatment along Megawatt Drive to be sensitive to the site’s high visibility
along Highway 401. Berming and landscaping to be installed to screen loading and
services areas up to the first storey. Structures and signage visible above the first
storey to be upgraded given the site’s location along the Prestige Employment
Corridor.
11.11. The proposed Zoning By-law Amendment will also include a Holding (H) Symbol to the
amended MO2-1 Zone and staff will withhold the recommendation to lift the Holding (H)
Symbol until all site plan matters are addressed, including the Region’s sign off on any
areas of archaeological potential and the Environmental Site Assessment findings.
12. Concurrence
Not Applicable.
13. Conclusion
In consideration of all comments received to date, it is respectfully recommended that
the application by East Penn to amend the regulations in the MO2 -1 Zone be approved.
Staff Contact: Anne Taylor Scott, Senior Planner, 905-623-3379 ext. 2414 or
ataylorscott@clarington.net.
Attachment:
Attachment 1 - Proposed Zoning By-law Amendment
The following interested parties will be notified of Council's decision:
Jim and Mike Bouchard, East Penn Canada
John Papanicolaou, East Penn Canada
Michael Fry, D.G. Biddle & Associates Ltd.
Michael Carswell, D.G. Biddle & Associates Ltd.
Page 63
Attachment 1 to Report PSD-050-19
C:\Program Files\eSCR BE\TEMP\10312299108\10312299108,,,Attachment 1 to Report PSD-050-19.docx
Corporation of the Municipality of Clarington
By-law Number 2019-______
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Corporation of the Municipality of Clarington
Whereas the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of
Clarington for ZBA2019-0016;
Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1 Section 23B.4.1 is hereby by deleted and replaced with the following:
“23B.4.1 Energy Park Prestige Exception (MO2-1) Zone
Notwithstanding the provisions of 23B.3 c., g., h. and j., those lands zoned
“MO2-1” on the Schedules to this By-law are subject to the following provisions:
a. Yard Requirements
i) Adjacent to Energy Drive
a) Minimum
(i) To business or professional office 6 metres
(ii) To energy-related use 20 metres
b) Maximum
(i) To business or professional office 20 metres
(ii) To energy-related use 35 metres
ii) Adjacent to Osborne Road (Front Yard)
a) Minimum 8 metres
b) Maximum 10 metres
iii) Adjacent to Megawatt Drive
a) Minimum 25 metres
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C:\Program Files\eSCR BE\TEMP\10312299108\10312299108,,,Attachment 1 to Report PSD-050-19.docx
b. Landscaping Strip Width (minimum)
i) Along Energy Drive 4 metres in front of office;
6 metres in front of warehouse and parking
ii) Along Osborne Road 4 metres
iii) Along Megawatt 6 metres
c. Street Façade
i) Energy Drive A minimum of 10% of the street façade
shall be occupied by the energy-related
business/administrative office;
A maximum of 35% of the street façade
may occupied by any other permitted use, provided
that the total building façade shall be no less than 45%
of the lot frontage.
ii) Osborne Road A minimum of 45% of the street façade
shall be occupied by any permitted use
iii) Megawatt Drive Not applicable
d. Parking Location on the lot
Parking areas shall not be permitted to locate closer to the street line than
the nearest wall of the building façade parallel to Energy Drive or Osborne
Road.
e. Screening
A berm having a minimum width of 10 metres, and a minimum height of 2
metres, shall be constructed along the Megawatt Drive frontage.”
2. This By-law shall come into effect on the date of the passing hereof, subject to the
provisions of Section 34 and 36 of the Planning Act.
By-Law passed in open session this _____ day of ____________, 2019
__________________________
Adrian Foster, Mayor
__________________________
C. Anne Greentree, Municipal Clerk
Page 65
Staff Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: Planning and Development Committee
Date of Meeting: November 12, 2019 Report Number: PSD-051-19
Submitted By: Faye Langmaid, Acting Director of Planning Services
Reviewed By: Andrew C. Allison, CAO By-law Number:
File Number: PLN 41.0 Resolution#:
Report Subject: Secondary Plans Update
Recommendation:
1. That Report PSD-051-19 be received for information.
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Municipality of Clarington Page 2
Report PSD-051-19
1. Background
1.1 The current Clarington Official Plan was adopted by Council (November 2016) and
subsequently approved by the Region of Durham on June 19, 2017. Since that time,
Staff have been working on implementing the adopted Plan through new and updated
Secondary Plans. At present, Staff are coordinating 11 Secondary Plans and 2
Subwatershed Plans. The total land area that is represented by these projects is
approximately 1,930 ha of industrial, commercial and residential lands. That area is
roughly ten times the land area of Orono.
1.2 Beginning in September 2017, Staff have been reporting to Council on the progress of
the various Secondary Plans. Planning staff have previously presented to Planning and
Development Committee on our progress:
PSD-071-17 New Residential Secondary Plans –Subwatershed Studies, Official
Plan Implementation, October 2, 2017;
PSD-072-17 Update of the Secondary Plans and Zoning for the Bowmanville
West Urban Centre and the Bowmanville East Urban Centre, October 2, 2017;
PSD-086-17 Wilmot Creek Secondary Plan Study – Terms of Reference and
public meeting, December 4, 2017;
PSD-011-18 Southeast Courtice Secondary Plan Study – Terms of Reference
and public meeting, January 29, 2018;
PSD-031-18 Soper Hills Secondary Plan Study – Terms of Reference and public
meeting, April 23, 2018;
PSD-032-18 Soper Springs Secondary Plan Study – Terms of Reference and
public meeting, April 23, 2018; and
PSD-052-18 Update on Secondary Plan Studies, Brookhill Secondary Plan
Update, Southwest Courtice Secondary Plan Update, Courtice Employment
Lands Secondary Plan, June 4, 2018;
Report Overview
Clarington is forecasted to reach a population of about 140,000 people and 38,400 jobs by
2031. These figures represent an increase of 37,000 people and 8,000 jobs from 2019.
Virtually all of this growth will occur within a Secondary Plan area.
Planning Services staff are currently working on 11 Secondary Plans and 2 Subwatershed
Plans. Collectively, these projects represent just under 2,000 ha of new or redeveloping
land in Clarington. Throughout the process, Planning Services staff is engaging the land
owners and public for feedback on how our community should and will grow.
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PSD-068-18 Foster Northwest Secondary Plan – Statutory open house (August
30 2018), statutory public meeting (September 10, 2018) and Council decision
(September 17, 2018);
Memo to Council – Secondary Plan Funding Update, December 14, 2018;
PSD-015-19 Clarington comments on the Proposed Changes to the Growth Plan
for the Greater Golden Horseshoe requesting the Province to amend the
proposed Provincially Significant Employment Zones to reflect the Boundaries of
the Southwest and Southeast Courtice Secondary Plans to reflect the approved
Clarington Official Plan. The report also included the delineation of the Major
Transit Station Area (GO Train) in Courtice, February 19, 2019;
PSD-019-19 North Village Secondary Plan Study – Terms of Reference, April 1,
2019;
PSD-027-19 Summary of proposed amendments to The Growth Plan for the
Greater Golden Horseshoe 2019; Bill 108, the More Homes, More Choice Act,
and other related Legislation reaffirming Council resolution of PSD-015-19
related to the map of the PSEZ to reflect approved secondary plan areas in
Courtice, June 3, 2019; and
PSD-033-19 Expansion of Clarington Energy Business Park Secondary Plan
Study Area to include the Courtice Waterfront, September 9, 2019.
2. Subwatershed Plans
2.1 The Provincial Growth Plan, the Durham Region Official Plan and the Clarington Official
Plan all require a Subwatershed Plan to be completed prior to the development of new
Greenfield areas. The Municipality is currently undertaking Subwatershed Plans for the
Tooley and Robinson Creeks in Courtice and the Soper Creek in Bowmanville (see map
in Attachment 1). Recommendations from these Subwatershed Plans, which include
Master Drainage Plans, and ground-truth environmental features will be implemented in
the Secondary Plans.
2.2 The Soper Creek Subwatershed study is an essential pre-curser to undertaking the two
new residential Secondary Plans in Bowmanville – Soper Springs and Soper Hills. Field
work is currently being carried out and the first public information centre will be held in
the spring of 2020.
2.3 Most new development in Courtice will be in either the watershed of the Tooley Creek or
the Robinson Creek. These watersheds are being studied together in one
Subwatershed study. The Robinson Creek and Tooley Creek Subwatershed Study is a
key input into the following Secondary Plans
Southwest Courtice Update;
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Southeast Courtice;
Courtice Employment Lands; and
Clarington Energy Business Park / Courtice Waterfront.
2.4 The Phase One (Existing Conditions) Report has been completed for the Robinson
Creek and Tooley Creek Subwatershed Study and the first public information centre is
being held on Wednesday, November 13.
3. Secondary Plans
3.1 Secondary Plans are the detailed land use and policy framework for specific geographic
locations. They implement the policies of the Official Plan at a neighbourhood level and
provide more specific direction than the general designations of the Official Plan. The
Secondary Plans currently underway will guide residential, commercial and industrial
development for Clarington to the year 2031 and beyond. The status of each of
Secondary Plan is included in Attachment 2 of this report.
3.2 The Secondary Planning process will result in three main do cuments for each of the
areas. The Secondary Plan, a Zoning By-law and Urban Design and Sustainability
Guidelines.
3.3 The Secondary Plan process has been designed to address five guiding priorities:
Sustainability and Climate Change
3.4 Clarington Council adopted a sustainable, ‘green lens’ approach to development
throughout the Official Plan. The Secondary Plans will address the criteria in
Clarington’s Green development program and will be guided by the Priority Green
Development Framework.
3.5 Sustainable development principles and practices will be incorporated into every part of
the Secondary Plans, including the design of neighborhoods and the allocation of land
uses. The Secondary Plan, Zoning and related studies will include measurable targets
to move towards a net zero community that are resilient to impacts of climate change.
Urban Design
3.6 New neighborhoods will be designed to enhance the history and character of
Clarington. These neighbourhoods are to be created with a sense of place and all
development should result in a high-quality design. Excellence in urban design will
consider elements like building design, complete streets, views, park connectivity, sun
and shadow impacts, and active transportation, as well as the integration of green
infrastructure and environmental protection lands into neighborhood design.
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Affordable Housing
3.7 Through the Official Plan, Council supports the provision of a variety of housing types,
tenure and affordability to support people of all ages, abilities and income groups.
Secondary Plans must reflect this policy and demonstrate how they contribute to
meeting Council’s affordable housing target.
Community Engagement
3.8 Clarington Council is committed to community consultation and engagement beyond the
statutory requirements. The preparation of Secondary Plans are supported by a
thorough community engagement strategy to include a range of public consultation
initiatives. The process generally includes four public information sessions and the
statutory open house and public meeting complemented by online engagement.
Coordination of Initiatives
3.9 The Secondary Plans process includes the integration of other public and private
initiatives. For example, the Courtice Employment Lands Secondary Plan needs to be
integrated with the plans for the GO Train Station Area. And in Bowmanville, the Soper
Hills Secondary Plan needs to take into consideration the Jury Lands (Camp 30) special
policy area in the analysis of infrastructure, transportation, parks, and neighborhood
character.
Project Management
3.10 Each Secondary Plan and Subwatershed Plan is managed by Municipal staff with on-
going support from Clarington’s Engineering, Communications, Finance, Legal, and
Purchasing staff.
3.11 Steering Committees have been established for each of the differen t Secondary Plans
and Subwatershed Plans. The Steering Committees consist of representatives from all
agencies and landowners groups, as well as representatives of key institutions like the
Bowmanville BIA and Lakeridge Health. The role of the Steering Committee is included
in the Terms of Reference as approved by Council.
Courtice Secondary Plans
3.12 Courtice has two new Secondary Plans – Southeast Courtice and Courtice Employment
Lands. In addition to residential growth pressures in Courtice the development in this
area will also be driven by the future GO station on Courtice Road and the Provincially
Significant Employment Zones that have been created by the Province.
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3.13 There are also two existing Secondary Plans that are being updated – Southwest
Courtice and the Clarington Energy Business Park / Courtice Waterfront.
Bowmanville Secondary Plans
3.14 In Bowmanville there are two new residential Secondary Plans – Soper Hills and Soper
Springs.
3.15 Bowmanville also has three existing Secondary Plans that are being updated –
Bowmanville West, Bowmanville East and Brookhill. The re are several catalysts for
increased development in the existing Plan areas. These include the future GO station
on Prince William Boulevard, the expansion of the Bowmanville (Lakeridge) Hospital,
and the sale and redevelopment of the former Goodyear (Continental) site.
Newcastle Secondary Plan
3.16 There are two new Secondary Plan in Newcastle – North Village and Wilmot Creek.
Located north of the CP rail line in Newcastle, the North Village Secondary Plan will
complete a neighbourhood design plan that was approved by the Ontario Municipal
Board but has yet to be built. This Secondary Plan will also include a realignment of
Regional Road 17 at Concession Road 3.
3.17 The Wilmot Creek Secondary Plan will create a plan to develop the lands between
Bennett Road and the existing Wilmot Creek community located south of the rail
corridor.
4. Community Engagement
4.1 One of the guiding principles of each of the Secondary Plans and Subwatershed Plans
has been community engagement. Interaction with the public provides valuable insight
and perspectives to the project teams of each unique area. At the same time,
engagement provides an opportunity to educate and inform the public of the growth
pressures and policy priorities, including provincially mandated requirements that guide
the creation of new plans.
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4.2 Table 1 provides a summary of the successful community engagement that has taken
place as of October 31, 2019.
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Attachments:
Attachment 1 – Map of Secondary Plan locations
Attachment 2 – Map of Subwatershed Plan locations
Attachment 3 – Secondary Plan Status Table
Attachment 4 – Example of Public Information Centre Notice
Attachment 5 – Example of Community Engagement Report
There are no interested parties to be notified of Council's decision.
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Secondary Plan Status – November 12, 2019
Secondary Plans Status
Courtice
Clarington Energy
Business Park-Update
Courtice Waterfront
Council authorization and approval of draft Terms of Reference
to expand area of the Energy Park Secondary Plan to include
the Courtice Waterfront (lands west of Courtice Road and
south of Highway 401), PSD-033-19
OPG announces the development of Nuclear HQ in the Energy
Park with the relocation of 2,500 high tech jobs to Clarington
Opportunity to expand the TOR to include the Cluster concept
to capitalize on the OPG announcement
Land owner Funding Agreement to be executed shortly
Public Information Centre 1 scheduled for December 3, 2019
Courtice Employment
Lands-New
In progress
Council authorization to proceed PSD-052-18
Public Information Centre 1 held on June 18, 2019
Waiting for Metrolinx decision on GO Train
Waiting for Provincial decision and approach for Provincially
Significant Employment Zones
Southwest Courtice -
Update
In progress
Council authorization to proceed PSD-052-18
Public Information Centre 1 held on June 18, 2019
Workshop with Landowners held on October 2, 2019
Public Information Centre 2 held on October 24, 2019
Finalizing Phase I – Technical Reports
Decision on a preferred land use scenario in early December
Draft OPA and ZBA expected in January/February 2020
Waiting for Provincial decision and approach for Provincially
Significant Employment Zones
Southeast Courtice - New In progress
Council authorization to proceed PSD-011-18
Public Information Centre #1 held June, 2018
Workshop with Land owners held on Oct. 3, 2019
Public Information Centre 2 Land Use Scenarios – Nov. 5,
2019
Finalizing Phase I – technical Reports – final drafts being
circulated
Waiting for Provincial decision and approach for Provincially
Significant Employment Zones
Tooley and Robinson
Creek Subwatershed Plan
In progress
Council authorization to proceed PSD-071-17
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Secondary Plans Status
Technical Report 1 – Opportunities and Constraints being
reviewed
Public Information Centre #1 – Nov 13, 2019
North Courtice- New Not scheduled - Request by Land Owners Group (LOG) has
not been received
Hancock Neighborhood
Design Plan Existing
Not scheduled
Conversion from Neighbourhood Design Plan to Secondary
Plan is required
Courtice Main Street -
Existing
Secondary Plan and Zoning By-law adopted as part of
Clarington Official Plan Review
Update may be required following Region of Durham Official
Plan Review
Bowmanville
Bowmanville West Urban
Centre – Update
Council authorization to proceed PSD-072-17
Public Information Centre 1 held on June 19, 2018
Public Information Centre 2 held on June 26, 2019
Phase 1 Technical Report completed
STATUS On-hold waiting for Metrolinx decision on GO Train
Bowmanville East Urban
Centre – Update
Council authorization to proceed PSD-072-17
Public Information Centre 1 held on November 22, 2018
Public Information Centre 2 held on May 1, 2019
Phase 1 Technical report completed
Bowmanville East Urban
Centre – Update –
“Goodyear site”
Unique background studies being completed
Brookhill – Update Council authorization to proceed PSD-052-18
Public Information Centre 1 held on November 26, 2018
Public Information Centre 2 held on June 25, 2019
Finalizing Phase I – Technical Report final drafts being
circulated
Workshop with stakeholders anticipated for late
November/early December
Soper Hills – New Council authorization to proceed PSD-031-18
Public Information Centre 1 held on March 6, 2019
Phase I – Technical Report drafts under review
Direction required about proceeding with Camp 30 project
Soper Springs – New Council authorization to proceed PSD-032-18
Public Information Centre 1 held on June 4, 2019
LOG compensation agreement must be finalized before
finalizing funding agreement
Soper Creek
Subwatershed
In progress
Council authorization to proceed PSD-071-17
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Secondary Plans Status
Field work being completed
Port Darlington – Existing Not scheduled
Developers looking at increase density built form and
redevelopment of Bobby C restaurant/motel and adjacent area
Developers needs to request Update to consider the
implication of these projects comprehensively
Clarington Technology
Business Park – Existing
Not scheduled
Update maybe required following Region of Durham Official
Plan Review
Newcastle
Wilmot Creek – New Council authorization to proceed PSD-086-17
Public Information Centre 1 held in July 2018
Change of ownership December 2018
Project no longer an extension of the existing Adult lifestyle
community
Standalone project
Completing technical reports circulated for comment
Public Information Centre 2 to be scheduled
North Village – New Council authorization to proceed PSD-019-19 and Public
Meeting on April 1, 2019
Land owner Funding Agreement to be executed shortly
Public Information Centre 1 scheduled for November 21, 2019
Newcastle Village Centre
– Existing
Update required following Region of Durham Official Plan
Review.
Foster Northwest –
Existing
Conversion from Neighbourhood Design Plan to Secondary
Plan completed
Approved by Council in September, 2018, PSD-068-18
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Acknowledgements
Consulting Team
Shonda Wang, Project Director, SvN Architects + Planners
Alex Heath, Project Manager, SvN Architects + Planners
Blair Scorgie, Senior Planner + Urban Designer, SvN Architects + Planners
Kate Brown, Urban Designer, SvN Architects + Planners
Kevin Phillips, Municipal Transportation Manager, AECOM
Peter Middaugh, Civil Engineering Lead, AECOM
Alexandra McDonough, Senior Planner, Canadian Urban Institute (CUI)
Ellen Kowalchuk, Cultural Heritage Lead, Common Bond Collective
Cindy MacCormack, Sustainability Specialist, Footprint
Municipality of Clarington Project Team
Karen Richardson, Manager of Development Engineering
Faye Langmaid, Acting Director of Planning Services
Carlos Salazar, Manager of Community Planning & Design
Paul Wirch, Senior Planner
Amanda Welsh, Development Coordinator
Project Steering Committee
Durham Region
Jeff Almeida, Development Approvals, Regional Servicing and Transportation
Valerie Hendry, Project Planner, Plan Implementation
Central Lake Ontario Conservation Authority
Stefanie Penney
Lakeridge Health (Bowmanville Memorial Hospital)
Mark Murphy, Senior Director, Capital and Planning
Continental Contitech (Former Goodyear Lands)
Lindsey Friedman, Senior Manager, Corporate Real Estate
Anthony Biglieri, Principal, Biglieri Group
Mark Jacobs, Planner, Biglieri Group
Historic Downtown Bowmanville Business Improvement Area
Edgar Lucas
Rice Family
Andrew Rice
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Table of Contents
1. Introduction .................................................................................................................................................................................................................................... 4
2. Meeting Overview .................................................................................................................................................................................................................... 5
3. Summary of Key Messages ............................................................................................................................................................................................. 7
4. Overall Project Area Feedback ................................................................................................................................................................................... 8
5. Downtown Area Feedback ........................................................................................................................................................................................... 10
6. Goodyear Lands Feedback .......................................................................................................................................................................................... 12
7. Lakeridge Health Bowmanville Hospital Area Feedback ............................................................................................................... 14
8. Comment Sheet Feedback ........................................................................................................................................................................................... 16
Appendix A. Display Panels ................................................................................................................................................................................................................... 18
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1. Introduction
Project Purpose
The purpose of the Bowmanville East Urban Centre (BEUC) Secondary Plan Update (the Project) is to
establish a planning framework that will guide the redevelopment of the Secondary Plan Area. The
existing Secondary Plan will be updated to ensure that it conforms to the recently approved,
comprehensive review of the Municipality of Clarington’s Official Plan. The update is also needed to
incorporate changes to the Provincial Growth Plan and other Provincial direction on issues like climate
change and active transportation. The Project is currently in the Background Analysis Phase (Phase 1),
which includes a review of existing conditions and policies and an analysis of public realm and active
transportation, infrastructure, parking, and redevelopment opportunities.
Figure 1. Bowmanville East Urban Centre Secondary Plan Update Project Area
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Engagement Process
In order to facilitate change over time, many stakeholders will need to play a role in helping prepare the
Secondary Plan. The involvement of these stakeholders will ensure that a multitude of interests are
represented and balanced within the planning framework. The engagement process will take place in
three phases that align with the Project technical work. Engagement activities include Steering
Committee Meetings, stakeholder interviews, three (3) Public Information Centres, one Charrette, online
engagement throughout the project, one Public Open House and one Statutory Public Meeting.
Figure 2. Project Timeline
2. Meeting Overview
Public Information Centre 1 was held on November 22, 2018 from 6:00PM-8:00PM. It was held at the
Bowmanville Creek Retirement Community at 105 Queen Street in Downtown Bowmanville. The
purpose of the meeting was to introduce the project purpose, scope and process to the public. The
objective was to engage early with members of the public in a low-effort manner for participants, while
producing high quality and place-specific feedback.
The format was a drop-in open house where members of the public had the opportunity to view display
panels on the Project Area, Project Purpose, Project Timeline and preliminary existing conditions
review, including:
Parks and Natural Areas;
Active Transportation Network;
Existing land uses and parking lots;
Secondary Plan Land Uses;
Institutional and Community Uses;
Heritage Properties;
Building Heights; and,
The Municipality of Clarington’s Priority Green Framework.
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Approximately 70 members of the public attended the PIC. Key project members in attendance
included:
Carlos Salazar, Manager of Community Planning and Design, Municipality of Clarington
Paul Wirch, Senior Planner, Municipality of Clarington
Karen Richardson, Manager, Development Engineering, Municipality of Clarington
Shonda Wang, Lead, Urban Design, SvN Architects + Planners
Alex Heath, Associate, Planner, SvN Architects + Planners
Figure 3. Participants viewing display panels at Public Information Centre #1
Participants were encouraged to provide feedback through facilitated table exercises. Four tables were
set up, each focused on a different portion of the Project Area: the Downtown, the Goodyear Lands, and
the Bowmanville Hospital, and the Project Area as a whole. Each table was facilitated by a member of
the Project Team (Municipal Staff or consultant), who provided guidance to participants to leave post-it
notes on the map and recorded participant feedback. Participants were also able to provide feedback
on a comment sheet. Both the table exercises and comments sheets included the following focus
questions:
Where would you like to see improved walking and cycling connections?
Where would you like to see new/improved parks and open spaces?
Where would you locate taller buildings (e.g. four or more storeys)?
Where is your favourite place within Bowmanville East?
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A summary of responses to these questions are included in the remainder of this report. Key messages
are provided in Section 3, and detailed feedback from the table exercises and comments sheets is
provided in Sections 4 through 8. If you have any questions about this report, please contact Paul
Wirch, Senior Planner, Municipality of Clarington, by email (BowmanvilleEast@clarington.net) or by
phone (905-623-3379 ext. 2418).
3. Summary of Key Messages
There is a need for improved active transportation connectivity within the Project Area including:
providing wider sidewalks throughout the Project Area and particularly Downtown; providing cycling
infrastructure throughout the Project Area (there were a range of views on the most appropriate type of
infrastructure, including bike lanes, sharrows, and off-road facilities); and improving access to and the
quality of existing trails, and providing new trails parallel to the Creeks.
There is concern about the level of traffic along King Street and Queen Street. Participants
suggested adding additional turning lanes on King Street, and adding traffic calming measures on
Queen Street.
There is a range of views on parking that varies by Key Project Area. Participants generally
thought that there was a need for more parking Downtown. Some participants would like to see
reduced parking standards for retail uses to help encourage mixed-use buildings. Participants felt that
parking occupied too much land on the Bowmanville Hospital site.
Participants had many suggestions on how to improve existing parks and open spaces, and
provided specific locations for new parks and open spaces, including: turning Temperance Street
into a “flex-street”; a new park on the south side of Church Street, just east of Scugog Street; a new park
within the Goodyear Lands, either close to the creek or close to the existing neighbourhoods; better
utilizing the existing open space on the west edge of the Bowmanville Hospital.
There is an interest in a greater mix of uses to ensure that Bowmanville East has activity
throughout the day and into the evening. Participants would like to see more restaurants and cafes in
the downtown and more residential uses clsoe to downtown to increase the local customer base. They
would also like to see a range of housing types and tenures to provide affordable housing for a full
range of ages.
Participants were generally supportive of taller buildings in discrete locations as long as
development remained human-scaled, shadow impacts were considered and heritage buildings
were respected. There was a range of views on what would be an appropriate height for tall buildings
(9 storeys, 7 storeys, 6 storeys, 3 storeys). Some participants felt that both King Street and the
Goodyear Lands should remain low-rise.
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4. Overall Project Area Feedback
Figure 4. Feedback from Table Exercise: Overall Project Area
Circulation + Connectivity
Greater connectivity between Bowmanville East and Bowmanville West needs to be
established (walking, cycling, traffic control)
Provide wider sidewalks throughout the Project Area
Provide more walking trails and cycling connections throughout the Project Area
Provide bike lanes and sharrows along King Street West and East
Provide more cycling lanes within the Project Area
Provide multi-use trails to take bikes off of roads
Pave the Bowmanville and Soper Creek trails
Provide access to and from the Goodyear lands and the Bowmanville Creek (e.g. switchbacks,
paths)
Move the westbound GO bus stop at King Street East / Liberty Street North to King Street
East between Ontario Street and Brown Street
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Festivals in the downtown create a lot of traffic
Crossing at King Street East and Ontario Street is difficult without traffic lights
There is a lack of accessible parking spaces downtown
Expand sidewalks on Kings Street into area for on-street parking
Provide more off-street parking
Provide wayfinding and signage to off-street parking
Increase amount of behind-building parking to increase active frontages (see downtown
Picton as an example)
Open Space + Public Realm
Implement recreational space around the creek
Maintain open space and extend trails
Provide a walking trail on the east side of Bowmanville Creek
Land Use + Built Form
Consider a mix of uses to ensure that Bowmanville East is “alive after five” and has activity
throughout the day and into the evening
Too many places are closed at night, making the downtown feel empty
Remove barriers to achieving density
Consider school capacity as area intensifies
Consider a mix of office and residential uses around the hospital
Mixed-affordability housing with a mix of sizes, typologies, suites
More restaurants are needed within the Bowmanville East
Implement new retail – demolish the old plaza and Foodland building and replace it with a new
small plaza with ground-floor retail
A Giant Tiger store would be an asset within Bowmanville East
New development should help provide a more urban character in Bowmanville East
Development should be human-scaled
Permit taller buildings in Bowmanville East
Consider shadow impacts in the placement of tall buildings
Goodyear lands should have apartments with 6-12 storeys, designed in such a way that affords
everyone views of the creek
Preserve heritage within the Project Area
Consider sustainable initiatives including green energy / solar panels
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5. Downtown Area Feedback
Figure 5. Feedback from Table Exercise: Downtown Area
Circulation + Connectivity
There is a need to rethink infrastructure within the downtown – the existing roads haven’t
addressed recent growth
Stores in the downtown need more parking – with more parking, more people will come
downtown to shop
There is a need to provide more off-street parking
Provide additional traffic control measures so that it’s easier to make turns off of King Street
Consider adding crosswalks along Queen Street
There are traffic issues on King Street West, west of Scugog, on King Street East and on
Queen Street
Consider means of making access to stores on King Street barrier-free
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Open Space + Public Realm
The sidewalks and patios on King Street and intersecting roads are too small
Close Temperance Street to create a flex street for markets and events
Consider a new park on the south side of Church Street, just east of Scugog Street with space
for recreational uses (e.g. basketball court)
Provide more parks, green spaces and recreational spaces (e.g. tennis courts) within or in
close proximity to the downtown
There should be a connection from the Downtown to the future GO Train Station
Land Use + Built Form
King Street should remain low-rise
New development within the downtown needs to reflect heritage buildings and the existing
built form context
The retail strip plaza at King Street East and Brown Street would be good for a mixed-use
building with appropiate setbacks
The library needs its own buiding
Consider turning the post office into a theatre
The apartment buildings at Wellington Street and Temperance Street are a good height (3
storeys)
The Service Ontario location should be moved to the former Target store
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6. Goodyear Lands Feedback
Figure 6. Feedback from Table Exercise: Goodyear Lands
Circulation + Connectivity
Consider reducing parking standards, particularly for retail uses in mixed use buildings
Minimize traffic onto Queen Street from new development – Queen Street is already very busy
with cars using it as a bypass for King Street
Consider measures to slow down traffic on Queen Street (see Concession Street), but do not
impede movement too much as ambulances use Queen Street to get to the hospital
Improve connections from the Goodyear Lands to the downtown
Open Space + Public Realm
Locate new parks either adjacent to the Bowmanville Creek, or close to the west edge of the
Lands, proximate to existing neighbourhoods
Consider potential flooding risks downstream when redeveloping Goodyear Lands
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Preserve the Bowmanville Creek valley as it is part of the character of the town
Consider wildlife in the redevelopment of the Goodyear Lands
Land Use + Built Form
Consider a mix of uses with primarily residential and convenience commercial – see the
examples at Green Road and Highway 2
Residential uses should provide different types and tenures appropriate for seniors, retireing
boomers, and young families
The Goodyear Lands should feature rental apartments of 6-7 storeys with commercial ground
floor and recreation uses in parks (e.g. an ice pad)
The Goodyear Lands should have low-rise development (retirement homes) with park space
Taller buildings should tier down towards the Creek to maximize views
Taller buildings should be closest to the Creek to provide views and keep them away from
existing low rise buildings
The maximum hieght of buildings should be 9 storeys tall
Ensure that there is good separation from the existing houses adjacent to the Goodyear
Lands, particularly for taller buildings
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8. Lakeridge Health Bowmanville Hospital Area Feedback
Figure 7. Feedback from Table Exercise: Lakeridge Health Bowmanville Hospital Area.
Circulation + Connectivity
Accessibility for those with mobility issues is lacking around the hospital site
Although parking is a necessary component, it takes up too much of the site currently – a
multi-storey parking garage or integration into the new hospital ward will make better use of
the site and may allow for more parking than exists currently
Traffic is a concern along Queen Street with the influx of new patients/visitors/staff to the
hospital resulting from expansion
Deliveries, drop-offs etc. should be relocated off of Queen Street with the new expansion so as
to not have a negative impact on traffic
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Open Space + Public Realm
There are not enough landscape elements – consider therapeutic gardens for patients or
parkettes with seating for visitors and staff.
Landscaped space on the west edge of the hospital is not being used to its fullest potential.
Improve public realm and streetscapes around the hospital
Land Use + Built Form
Better shopping in the surrounding area would be an asset
A Tim Hortons nearby would be an asset
The library that exists currently at town hall would be better suited at the former Foodland
building adjacent to the hospital
Although helicopter landings are less frequent in recent times, the sound and light pollution to
the adjacent homes was troublesome
The removal of the maternity ward at the hostpial is not viewed positively
Consider impacts on water, wastewater and stormwater infrastructure from hospital expansion
The hospital is not the best use of this land with all of the development pressure in the area
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9. Comment Sheet Feedback
Figure 8. Sample Comment Sheet
In addition to the table map exercises, participants were provided comment sheets and asked to reflect
on the questions provided:
Where would you like to see improved walking and cycling connections?
Provide more/better walking connections in various places throughout the Project Area, e.g. to
the Goodyear Lands, between King Street and Queen Street, between major hubs (e.g the
hospital and Goodyear Lands)
Provide more lighting and safety measures on existing and new walking connections
Bowmanville main street to Bowmanville West Town Centre needs to be more bike-friendly:
specifically a multi-use pathway from Scugog Street / King Street West to the Garnett Rickard
Complex.
Bike sharrows should be consistent through the entire Project Area
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Provide bike lanes on Queen Street
Provide better walking connections to municipal and private parking lots (e.g. north west
corner of Division Street and Church Street to lot east of the Olympia restautant)
Where would you like to see new/improved parks and open spaces?
Provide new parks within the Goodyear Lands
Provide new/improved parks adjacent to the existing trails
Provide new parks close to the former Bowmanville Zoo
Where would you locate taller buildings (e.g. four or more storeys)?
Consider taller buildings in the plaza where the Foodland store was, with ground-floor retail
and a new plaza
There is a need for rental units for young people and families
Some felt that tall buildings would be appropriate for the Goodyear Lands while others felt that
tall buildings should not be located on the Goodyear Lands
Consider taller commercial buildings at Temperance Street and King Street
Several of the strip plazas on King Street East should be redeveloped – ensure that
redevelopment has adequate set-backs, has parking behind the building, and provides a mix of
uses with ground floor retail.
Where is your favourite place within Bowmanville East?
Bowmanville Creek and its trail connections to the downtown
Soper Creek Park from King Street East to the Arts Centre.
The Soper Creek trail
The area around the Goodyear Lands
The Village Inn pub/restaurant
Rotary Park
General Comments
The post office building should be converted into a local theatre and arts centre
Page 98
Staff Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: Planning and Development Committee
Date of Meeting: November 12, 2019 Report Number: PSD-049-19
Submitted By: Faye Langmaid, Acting Director of Planning Services
Reviewed By: Andrew C. Allison, CAO Resolution#:
File Number: RE 16.41 By-law Number:
Report Subject: Declaration of Surplus Property at the Bowmanville Avenue Westbound
Exit from Highway 401.
Recommendations:
1. That Report PSD-049-19 be received;
2. That Council declare approximately 587 square metres of the property identified as
Part 1, 2 and 12 on plan 40R-22625 and shown in Figure 1 of Report PSD-049-19,
as surplus;
3. That the parcels be transferred to Bowmanville Creek Developments Inc., the
adjacent property owner, in exchange for cash or enhancements to the lands that
are to the benefit of the Municipality, equivalent to the appraised value; and
4. That all interested parties listed in Report PSD-049-19 and any delegations be
advised of Council’s decision.
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Municipality of Clarington Page 2
Report PSD-049-19
1. Background
1.1 In August of 2019, interest was expressed by Bowmanville Creek Development Inc.
(Torgan) in the acquisition of 587 square metres (0.14 acres) to be used in conjunction
with other properties to the east and north for commercial development. The requested
parcel of land is on the north side of the 401 westbound exit ramp to Bowmanville
Avenue shown in Figure 1 (next page).
1.2 On September 30, report PSD-034-19 recommended declaring the subject land surplus
and authorizing staff to negotiate the property transfer to Torgan as part of the site plan
agreement.
1.3 Having learned that a portion of the land was initially provided as parkland dedication
Staff recommended that an appraisal be completed for the subject lands.
1.4 Since then, a Commercial Site Plan Amendment application was submitted by Torgan
on October 16. The proposal includes 5,950 square metres (64,000 square feet) of
floor area spread between four retail buildings and three restaurants. This application
has been circulated for review by all relevant departments and agencies.
Report Overview
Bowmanville Creek Development Inc. (Torgan) has requested that the Municipality declare
surplus lands at the northeast corner of Highway 401 and Bowmanville Avenue. These
lands are no longer needed by the Municipality. Torgan would like to incorporate these
lands into their development.
A portion of these lands were previously given by Torgan to the Municipality. The remainder
was provided as parkland by the previous owner (the Shell station).
To dispose of Municipally-owned properties they must first be declared surplus.
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Municipality of Clarington Page 3
Report PSD-049-19
Figure 1 – Key Map showing lands at the westbound exit ramp from the 401 to Bowmanville
Avenue to be declared surplus.
Page 115
Municipality of Clarington Page 4
Report PSD-049-19
2. Appraisal
3. Comments
As a parkland dedication for the existing Shell fuel station, who at the time where
the owners of the entire parcel; and
The logical owner for these lands would be an adjacent property owner, which is either
Torgan or the Ministry of Transportation. The Ministry of Transportation have indicated
they do not require the lands.
3.3 By-law 2011-11, being a by-law to establish procedures governing the sale of real
property, states that from time to time Council may propose the sale of land pro viding
that:
It is declared surplus;
At least one appraisal or letter of opinion of fair market value of the land to be
sold from a qualified appraiser is obtained; and
Notice is given to the public by publication or an advertisement and/or posting on
the Municipality’s website.
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Municipality of Clarington Page 5
Report PSD-049-19
4. Concurrence
This report has been reviewed by the Acting Director of Engineering Services and the
Municipal Solicitor who concur with the recommendation.
5. Conclusion
It is recommended the Municipality offer to transfer the lands to Torgan in exchange for
public benefits in the form of cash and/or enhanced on-site features that promote
Bowmanville to the public travelling along Highway 401, equivalent to the appraised
value.
Staff Contact: Paul Wirch, Senior Planner 905-623-3379 ext. 2418 or pwirch@clarington.net.
Attachments:
Attachment 1 – Confidential memo on the appraised value (under separate cover)
Attachment 2 – Proposed Site Plan
Interested Parties:
The following interested parties will be notified of Council's decision:
David McKay, Partner, MHBC Planning
Ornella Richichi, Chief Development Officer, The Torgan Group
Page 117
Presentations
and
Handouts
A Proposal by East Penn Canada Power
Battery Sales Ltd. to amend the Zoning By-
law
To accommodate a National head office,
warehouse and distribution centre at 1840
Energy Drive, Courtice
Planning & Development Committee Meeting:
November 12, 2019
Clarington Planning Services Department
Subject Lands
South View along Megawatt Drive
Southwest View from Osborne Road/Megawatt Drive
View of Berm along Energy Dr
Subject Lands
East View along Energy Drive
West View along Energy Drive
South View
Clarington Energy Business Park Secondary Plan
Subject
Lands
Notice of the Public Meeting
Staff and Agency Comments regarding the
Zoning By-law Amendment
•No departments or commenting agencies have any
objections to the amendment to MO2-1 Zone
regulations
•Preliminary site plan review is complete. Staff
recommend approval of an zoning by-law
amendment Attachment 1 to PSD-050-19