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Planning and Development Committee
Minutes
Date: October 22, 2019
Time: 7:00 PM
Location: 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
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 and
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Planning and Development Committee Minutes October 22, 2019
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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Planning and Development Committee Minutes October 22, 2019
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 EI-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. EI-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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Planning and Development Committee Minutes October 22, 2019
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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Planning and Development Committee Minutes October 22, 2019
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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Planning and Development Committee Minutes October 22, 2019
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
Personal
information
redacted per
the Redaction
of Personal
Information
Policy -- for
further
information
contact the
Municipal
Clerk
S.14(1) , Regarding Report PSD-046-19, Renaming of King
Street in Haydon and a remnant of King Street in Bowmanville
S.14(1) , was present regarding Report PSD-046-19, renaming of
King Street in Haydon and a remnant of King Street in Bowmanville. S.
provided the Committee with examples of news articlergof 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. S.14(1) - 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. S.14(1) 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.
S.14(1) 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. S.14(1)1. noted that the Durham Regional Police
conducted a search for the words "grass hopper" and there were none. s.
concluded by stating that leaving two King Street's in Clafiipgton
is dangerous and the Committee should support the recommendation to rename
the streets.
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Planning and Development Committee Minutes October 22, 2019
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 refined through the application and
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Planning and Development Committee Minutes October 22, 2019
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 refinement 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 meeting, 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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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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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
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;
Planning and Development Committee Minutes October 22, 2019
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
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
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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Planning and Development Committee Minutes October 22, 2019
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 Regional
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
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
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.
b.
c.
d.
e.
f.
Provincially Significant Wetland;
Areas designated by CLOCA as being within a floodplain (red line on CLOCA
maps);
Areas designated by the GRCA as being within a floodplain;
Land designated on the current Region of Durham Official Plan, Schedule B
Map B-1 as containing Key Natural Heritage and Hydrologic Features;
Land which is Significant Woodland; and
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
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
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)
Planning and Development Committee Minutes October 22, 2019
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
16. Adjournment
Resolution # PD-181-19
Moved by Ron Hooper
Seconded by Councillor Jones
That the meeting adjourn at 1:40 AM.
Carried
Mayor
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Deputy Clerk