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HomeMy WebLinkAbout2021-06-28ClarhWWn If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 Planning and Development Committee Minutes Date: June 28, 2021 Time: 7:00 p.m. Location: Microsoft Teams Members Present: Mayor A. Foster, Councillor G. Anderson, Councillor R. Hooper, Councillor J. Jones, Councillor J. Neal, Councillor M. Zwart Absent: Councillor C. Traill Staff Present: A. Allison, F. Langmaid, R. Windle, J. Newman, M. Chambers Other Staff Lisa Backus, Sean Bagshaw, Sarah Allin, Theresa Gamble, Sarah Parish, Toni Rubino, Cindy Strike 1. Call to Order Councillor Anderson called the meeting to order at 7:01 p.m. 2. Land Acknowledgment Statement Mayor Foster led the meeting in the Land Acknowledgement Statement. 3. New Business — Introduction New business items were added to the agenda prior to the meeting. 4. Adopt the Agenda Suspend the Rules Resolution # PD-190-21 Moved by Councillor Hooper Seconded by Councillor Jones That the Rules of Procedure be suspended to add Wendy Bracken and Kirk Kemp as a delegation to the Agenda. Carried Planning and Development Committee Minutes of June 28, 2021 Resolution # PD-191-21 Moved by Councillor Zwart Seconded by Councillor Hooper That the Agenda for the General Government Committee meeting of June 28, 2021, be adopted with the following additions: • Delegation of Wendy Bracken, regarding AMESA Monitoring Reporting for the Incinerator; and • Delegation of Kirk Kemp, regarding PDS-037-21 Official Plan and Zoning By-law Amendment Applications to Facilitate the Severance of a Surplus Farm Dwelling at 40 Station Street, Orono Carried 5. Declaration of Interest Later in the meeting, Councillor Jones declared an indirect interest in Item 12.1, Mark Murphy, Sr. Director, Capital and Planning, Lakeridge Heath, Regarding an Update on the Lakeridge Health Bowmanville Helipad and Clarington Hospice. 6. Announcements Members of Committee announced upcoming community events and matters of community interest. 7. Adoption of Minutes of Previous Meeting 7.1 Minutes of a Regular Meeting of June 7, 2021 Resolution # PD-192-21 Moved by Councillor Zwart Seconded by Councillor Hooper That the minutes of the regular meeting of the Planning and Development Committee meeting held on June 7, 2021, be adopted. Carried 8. Public Meetings 8.1 Public Meeting for a Proposed Zoning By-law Amendment Brandon Weiler, Planner, made a verbal presentation to accompany an electronic presentation. Mike Prodan spoke in opposition to the application. He made a verbal presentation to accompany an electronic presentation. Mr. Prodan explained that he is concerned with safety due to increased traffic and noted the risks associated with increased traffic flow, speeding and noise. He believes that the Environmental Site Assessment does not meet the requirements set out in Ontario Regulation 153/04. 2 Planning and Development Committee Minutes of June 28, 2021 Mr. Prodan requested that proposed townhomes be changed to single detached homes. He reviewed several concerns with the Environment Site Assessment (ESA), including potential contaminating activities, incomplete, contradicting, incorrect and misleading information. Mr. Prodan added that there are incomplete sections of the report related to spills, incidents and offenses. He noted that several public bodies did not submit a response and he feels some of the information is contradictory. Suspend the Rules Resolution # PD-193-21 Moved by Councillor Hooper Seconded by Councillor Jones That the Rules of Procedure be Suspended to extend the delegation of Mike Prodan for an additional five minutes. Carried Mr. Prodan continued by stating that there have been several poor assumptions made and provided a brief overview of his conclusions from topical data, hazardous waste generation and incomplete sections, including notices and instruments and related to the Ministry of the Environment, TSSA and City Directories and Property Underwriters Reports and Plans. He concluded by stating this ESA should not be considered valid and that no further developments should occur on the Phase 1 property until the Phase 2 Environmental Assessment has been completed. Mr. Prodan answered questions from the Members of Committee. Jennifer Henderson spoke in opposition to the application. She asked how it can be determined that the Bowmanville Creek water, salmon, trout and other species will not be negatively impacted. Ms. Henderson questioned if the Environmental Assessment can be trusted. She asked where the Conservation Authorities stand on this development and if any of the original landowners have been consulted. Ms. Henderson noted that she is concerned with ecosystems being destroyed and whether the deforestation will be replaced. She stated that she is concerned with the public perception of the development and that this will cause a disruption to the land and be a great cost to the taxpayers. Ms. Henderson encouraged more public consultation and for her questions to be considered. She answered questions from the Members of Committee. Mark McConville, Humphries Planning Group Inc., applicant, spoke to the application. He made a verbal and electronic presentation. He provided a description of the property and reviewed the site location and context. Mr. McConville reviewed the Planning Policy Framework including the Region of Durham and Clarington Official Plan's and Zoning By-law 84-63. He provided an overview of the development proposal. Mr. McConville reviewed the parking plan and highlighted some of the studies completed. He clarified that the Environmental Assessment was not completed by Northstar but by GHD. 3 Planning and Development Committee Minutes of June 28, 2021 Mr. McConville concluded by thanking the Members of Committee and the public and answered questions from the Members of Committee. 9. Delegations 9.1 Jeff Kelso, Regarding Report PDS-039-21 Recreation Vehicle and Trailer Storage Study Jeff Kelso was present regarding Report PDS-039-21 Recreation Vehicle (RV) and Trailer Storage Study. He made a verbal presentation to accompany an electronic presentation. Mr. Kelso thanked the consultants for the report and for providing options to rectify the RV storage issues in the Municipality of Clarington. He explained that the Director of Planning identified the issue in 2008 and at that time a review was conducted. Mr. Kelso referred to Section 2.3.3 of the Provincial Policy Statement which provided a solution for RV storage in prime agricultural areas. He added that the Province then released guidelines for permitted uses for prime agricultural land and noted that it permits the storage of RV's under the on -farm diversified uses. Mr. Kelso questioned how this has not been taken into consideration as it was still acknowledged as a permitted use in 2020. He feels that this issue needs to move forward and he thought that this was going to be an independent third -party review. Mr. Kelso feels that Staff have influenced the outcome of the study and noted he requested to see a draft of the report and it was denied. He requested that Committee give Staff immediate instructions to have this implemented while the Zoning By-law is under review. Mr. Kelso feels that Staff are failing the community and he has been told by Staff to close his business and send his clients elsewhere. He feels that 13 years is long enough and is asking for a solution to be implemented. Mr. Kelso answered questions from the Members of Committee. 9.2 Jarrett Gagnon, Regarding Report PDS-039-21 Recreation Vehicle and Trailer Storage Study Jarrett Gagnon was present regarding Report PDS-039-21 Recreation Vehicle and Trailer Storage Study. He noted that Mr. Kelso covered the majority of his concerns. Mr. Gagnon added that this has been ongoing since 2008 and he is urging the Committee to have some urgency with this matter. He explained that he utilizes trailer storage and is concerned where they will go in the future. Mr. Gagnon believes there should be grandfathering put in place for the existing businesses. He noted that he did attend the Town Hall on this matter and that businesses like Owasco will capitalize if the RV storage businesses are not permitted to continue. Mr. Gagnon answered questions from the Members of Committee. 12 Planning and Development Committee Minutes of June 28, 2021 9.3 Alfred Massardo and Liza Maw, Regarding Report PDS-040-21 Request to Repeal Designation By-law 97-17; 4478 Highway 35/115 Alfred Massardo and Liza Maw were present regarding Report PDS-040-21 Request to Repeal Designation By-law 97-17; 4478 Highway 35/115. Ms. Maw advised that she would be speaking on behalf of her father, who is the owner of the property. She explained that the application for the designation was done in 1997. Ms. Maw advised the Members of Committee that the reason for this request is the continuous cost of home insurance coverage due to the heritage designation. Ms. Maw added that in 2017 that cost of the home insurance was $303.17 per month and in 2020 it was $475.56 per month. She added that she has called several different insurance companies, and most will not insure homes with a heritage designation. Ms. Maw explained that the home is well maintained, however insurance companies will not insure these homes as any repairs will need to be done with original materials. She concluded by requesting that the heritage designation be repealed on this property. Ms. Maw answered questions from the Members of Committee. 9.4 Wendy Bracken regarding AMESA Monitoring Reporting for the Incinerator Wendy Bracken was present regarding AMESA Monitoring Reporting for the Incinerator. She made a verbal presentation to accompany an electronic presentation. Ms. Bracken reviewed the recent history on the AMESA Concerns and noted that she has been raising her concerns since 2015. Ms. Bracken reviewed Clarington's most recent request regarding AMESA reporting to the Region of Durham and their responses. She explained that the AMESA Reporting Omissions are serious and must be addressed and that the Clarington Council must act now. Ms. Bracken feels that the Region of Durham is withholding more than four years of dioxin and furan data, all underlying reports and validation protocol. Suspend the Rules Resolution # PD-194-21 Moved by Councillor Jones Seconded by Councillor Zwart That the Rules of Procedure be suspended to extend the delegation of Wendy Bracken for an additional three minutes. Carried Ms. Bracken continued by stating that essential information is not being provided to the public or to those responsible for making decisions. She referred to a table she received though a Freedom of Information (FOI) request and noted that expert comments obtained through the FOI raised even more red flags. Ms. Bracken concluded by urging Committee to act immediately and express concerns to the Ministry and use the tools at their disposal. Ms. Bracken answered questions from the Members of Committee. 5 Planning and Development Committee Minutes of June 28, 2021 Ms. Bracken's delegation was considered again immediately following Agenda Item 14.2 9.5 Kirk Kemp, regarding PDS-037-21 Official Plan and Zoning By-law Amendment Applications to Facilitate the Severance of a Surplus Farm Dwelling at 40 Station Street, Orono Kirk Kemp was present regarding PDS-037-21 Official Plan and Zoning By-law Amendment Applications to Facilitate the Severance of a Surplus Farm Dwelling at 40 Station Street, Orono. He noted he was present to answer any questions from the Members of Committee. Recess Resolution # PD-195-21 Moved by Mayor Foster Seconded by Councillor Hooper That the Committee recess for 10 minutes. Carried The meeting reconvened at 9:40 p.m. with Councillor Anderson in the Chair. 10. Communications — Receive for Information 10.1 Garth Frizzell, President, Federation of Canadian Municipalities, and Frank Cownie, President, ICLEI - Local Governments for Sustainability, Regarding Clarington Achieving Milestone 2 for Corporate Greenhouse Gas (GHG) Emissions Resolution # PD-195-21 Moved by Mayor Foster Seconded by Councillor Hooper That Communication Item 10.1, Garth Frizzell, President, Federation of Canadian Municipalities, and Frank Cownie, President, ICLEI - Local Governments for Sustainability, regarding Clarington Achieving Milestone 2 for Corporate Greenhouse Gas (GHG) Emissions, be received for information. Carried 11. Communications — Direction n Planning and Development Committee Minutes of June 28, 2021 12. Presentations 12.1 Mark Murphy, Sr. Director, Capital and Planning, Lakeridge Heath, Regarding an Update on the Lakeridge Health Bowmanville Helipad and Clarington Hospice Councillor Jones declared an indirect interest in Item 12.1, Mark Murphy, Sr. Director, Capital and Planning, Lakeridge Heath, regarding an Update on the Lakeridge Health Bowmanville Helipad and Clarington Hospice as she is an employee of Lakeridge Health. Councillor Jones muted her audio and video and refrained from discussion and voting on the matter. Mark Murphy, Sr. Director, Capital and Planning, Lakeridge Heath, was present regarding an Update on the Lakeridge Health Bowmanville Helipad and Clarington Hospice. He made a verbal presentation to accompany and electronic presentation. Ms. Murphy provided an update on the Bowmanville Hospital Development, Bowmanville Hospital Interim Helipad and the Durham Hospice - Clarington location. He thanked the Member of Committee and Staff. Mr. Murphy answered questions from the Members of Committee. Resolution # PD-196-21 Moved by Councillor Zwart Seconded by Mayor Foster That the presentation of Mark Murphy, Sr. Director, Capital and Planning, Lakeridge Heath, Regarding an Update on the Lakeridge Health Bowmanville Helipad and Clarington Hospice, be received with thanks. Carried Councillor Jones returned to the meeting 12.2 Emma Drake, M.Sc, Land Use Planner and Amanda Dougherty, Senior Land Planner, D.M. Wills Associates Limited, Regarding Report PDS-039-21 Recreation Vehicle and Trailer Storage Study Emma Drake, M.Sc, Land Use Planner and Amanda Dougherty, Senior Land Planner, D.M. Wills Associates Limited, were present regarding Report PDS-039-21 Recreation Vehicle and Trailer Storage Study. They made a verbal presentation to accompany an electronic presentation. Ms. Dougherty reviewed the project timeline and project goals. She provided an overview of the existing planning context and public consultation mechanisms. Ms. Dougherty reviewed public consultation highlights and key message heard. Ms. Drake explained the research methods, jurisdictional scan highlights and the policy review highlights. Ms. Dougherty and Ms. Drake reviewed the key findings and highlighted five different options from the consultation and research. Ms. Dougherty concluded by acknowledging RV storage is a complex issue and conformity with provincial policy and regional policy is a challenge and although there is no current solution there are interim solutions to mitigate some of the demand. Ms. Drake and Ms. Dougherty answered questions from the Members of Committee. 7 Planning and Development Committee Minutes of June 28, 2021 13. Planning and Development Department Reports 13.1 PDS-036-21 Applications by Fairhaven Investments Inc. for Draft Plan of Subdivision and Zoning By-law Amendment to Permit 34 Residential Units Consisting of 8 Single Detached Units and 26 Townhouse Units Resolution # PD-197-21 Moved by Mayor Foster Seconded by Councillor Hooper That Report PDS-036-21 be received for information only; That staff receive and consider comments from the public and Council with respect to the Draft Plan of Subdivision and Zoning By-law Amendment applications; and That all interested parties listed in Report PDS-036-21 and any delegations be advised of Council's decision. Carried 13.2 PDS-037-21 Official Plan and Zoning By-law Amendment Applications to Facilitate the Severance of a Surplus Farm Dwelling at 40 Station Street, Orono Resolution # PD-198-21 Moved by Councillor Zwart Seconded by Mayor Foster That Report PDS-037-21 be received; That the Municipality of Clarington has no objections to the approval of ROPA 2021-001 That Amendment No.128 to the Clarington Official Plan as contained in Attachment 1 of Report PDS-037-21 be adopted; That the By-law to amend Zoning By-law 84-63 attached to Report PDS-037-21, as Attachment 2, be approved; That with regard to Heritage Designation of 40 Station Street, Orono: • the draft updated Designation By-law (Attachment 3) be endorsed; • the enactment of the updated Designation By-law be required as a condition of approval of any future Land Division application on the subject lands; and • the Clerk be authorized to issue the required Notice under Part IV of the Ontario Heritage Act to initiate the process to amend the designation on the subject lands. That all interested parties listed in Report PDS-037-21 and any delegations be advised of Council's decision. Carried n. Planning and Development Committee Minutes of June 28, 2021 13.3 PDS-038-21 Envision Durham, Proposed Policy Directions Resolution # PD-199-21 Moved by Councillor Zwart Seconded by Mayor Foster That Report PDS-038-21 be received; That the proposed policy directions as outlined in Tables 1 through 7 of Report PDS-038-21, be supported, save and except, the Proposed Policy Direction "Rural System", Section Number 55, bullet #1, and that Clarington Council supports a policy of a maximum 2% limitation of on -farm diversified uses that can occupy a property; That the Region of Durham Planning and Economic Development Department be forwarded a copy of Report PDS-038-21 and Council's decision; and That all interested parties listed in Report PDS-038-21 and any delegations be advised of Council's decision. Carried as Amended, Later in the Meeting, See following Motions Motion to Divide Resolution # PD-200-21 Moved by Councillor Neal Seconded by Councillor Jones That the foregoing Resolution #PD-199-21 be divided such that Paragraph 2 (Regarding Tables 1 through 7), be considered separately. Carried Resolution # PD-201-21 Moved by Councillor Neal Seconded by Councillor Jones That the foregoing Resolution #PD-199-21 be amended by adding the following: "That vegetation protection zones not be included in any natural heritage mapping." Yes (6): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Jones, Councillor Neal, and Councillor Zwart Absent (1): Councillor Traill Carried (6 to 0) 9 Planning and Development Committee Minutes of June 28, 2021 Resolution # PD-202-21 Moved by Councillor Neal Seconded by Councillor Jones That the foregoing Resolution #PD-199-21 be amended by adding the following: "That natural heritage mapping be consistent with Clarington's zoning resolution passed on December 14/15, 2020." Carried Resolution # PD-203-21 Moved by Councillor Neal Seconded by Councillor Jones That the foregoing Resolution #PD-199-21 be amended by adding the following: "That there be full access for cyclists and pedestrians to Courtice waterfront." Carried Later in the Meeting, See following motion Suspend the Rules Resolution # PD-204-21 Moved by Mayor Foster Seconded by Councillor Neal That the Rules of Procedure be suspended to extend the meeting for an additional 30 minutes. Carried The foregoing Resolution #PD-203-21 was then put to a vote and carried. The foregoing Resolution #PD-199-21 was then put to a vote and carried as amended. 10 Planning and Development Committee Minutes of June 28, 2021 Resolution # PD-205-21 Moved by Councillor Zwart Seconded by Mayor Foster That the proposed policy directions as outlined in Tables 1 through 7 of Report PDS-038-21, be supported, save and except, the Proposed Policy Direction "Rural System", Section Number 55, bullet #1, and that Clarington Council supports a policy of a maximum 2% limitation of on -farm diversified uses that can occupy a property. Yes (1): Councillor Zwart No (5): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Jones, and Councillor Neal Absent (1): Councillor Traill Motion Lost (1 to 5) Resolution # PD-206-21 Moved by Councillor Neal Seconded by Councillor Jones That the proposed policy directions as outlined in Tables 1 through 7 of Report PDS-038-21, be supported. Carried 13.4 PDS-039-21 Recreation Vehicle and Trailer Storage Study Resolution # PD-207-21 Moved by Councillor Neal Seconded by Councillor Hooper That Report PDS-039-21 be received; That the Study and options outlined by D.M. Wills be referred to staff for inclusion in the Zone Clarington recommendations and upcoming Official Plan Review; That the topic of On -Farm Diversified Uses and guidelines for such uses be referred to the Agricultural Advisory Committee of Clarington for their input; and That all interested parties listed in Report PDS-039-21 and any delegations be advised of Council's decision. Carried 11 Planning and Development Committee Minutes of June 28, 2021 13.5 PDS-040-21 Request to Repeal Designation By-law 97-17; 4478 Highway 35/115 Resolution # PD-208-21 Moved by Councillor Hooper Seconded by Councillor Zwart That Report PDS-040-21 be received; That Council refuse the application to repeal the heritage designation By-law 97-17 for the property located at 4478 Highway 35/115; That a copy of Council's resolution be sent to the Ministry of Heritage, Sport, Tourism, and Culture Industries, the Association of Municipalities of Ontario, the Insurance Bureau of Canada, and Ontario Heritage Trust; and That all interested parties listed in Report PDS-040-21 and any delegations be advised of Council's decision. Carried as Amended, Later in the Meeting, See Following Motions Resolution # PD-209-21 Moved by Mayor Foster Seconded by Councillor Hooper That the foregoing Resolution #PD-208-21 be amended by adding the following: "That Staff report back on a "Heritage Property Tax Relief Program" as allowed for by the Ontario Heritage Act." Carried, Later in the Meeting, See Following Motions Suspend the Rules Resolution # PD-210-21 Moved by Councillor Neal Seconded by Councillor Jones That the Rules of Procedure be suspended to extend the meeting for an additional 30 minutes. Carried The foregoing Resolution #PD-209-21 was then put to a vote and carried. The foregoing Resolution #PD-208-21 was then put to a vote and carried as amended. 12 Planning and Development Committee Minutes of June 28, 2021 14. New Business — Consideration 14.1 Insurance Issues for Designated Properties (Councillor Hooper) Resolution # PD-211-21 Moved by Councillor Hooper Seconded by Mayor Foster Whereas the Province of Ontario identifies the conservation of features of significant cultural and historical value as a matter of Provincial interest, and Provincial policy directs municipalities to conserve significant cultural heritage resources; And Whereas the Ontario Heritage Act governs the processes by which cultural heritage resources are protected for the long-term, requires municipalities to maintain a Municipal Register, and empowers municipalities to designate by by-law properties having cultural heritage value or interest to fulfill the intent of the Province's mandate; And Whereas the Insurance Bureau of Canada recognizes the value of owning and preserving cultural heritage resources as part of Canada's history; And Whereas there appears to be misalignment and misconception between the requirements of designated heritage property owners under the Ontario Heritage Act, regulations governing insurance providers, and the policies and practices thereof as they relate to the replacement cost of designated heritage homes with materials and craftsmanship of like kind and quality; And Whereas this potential misalignment or misconception of such replacement requirements by insurance providers creates a situation where some homeowners of designated heritage properties have indicated they have difficulty obtaining suitable property insurance coverage at a reasonable cost in order to continue as stewards of our communities' significant cultural heritage resources, which often are private residences; And Whereas the Insurance Bureau of Canada and the Minister of Finance through the Financial Services Regulatory Authority of Ontario administers rules and regulations governing property insurance matters; Now therefore be it resolved: That the Municipality of Clarington requests the Minister of Heritage, Tourism, Sport, and Cultural Industries to engage in meaningful dialogue with the Minister of Finance and the Insurance Bureau of Canada to initiate a review to address and ensure alignment between the requirements of the Ontario Heritage Act, the regulations governing insurance providers, and the policies and practices thereof, in order to better support, rather than penalize, owners of designated heritage properties, who act as stewards of the Province's significant cultural heritage resources throughout communities across Ontario; and 13 Planning and Development Committee Minutes of June 28, 2021 That as a part of the Province's actions to address this matter, municipal heritage committees be invited to engage as stakeholders; and That a copy of this resolution be forwarded to the Honourable Doug Ford, Premier of Ontario, Lindsey Park, MPP (Durham), David Piccini, MPP (Northumberland - Peterborough South); and That a copy of this resolution be forwarded to the Association of Municipalities of Ontario. Carried 14.2 Camp 30 Adhoc Committee — Summer Developer Meeting (Councillor Neal) Resolution # PD-212-21 Moved by Councillor Neal Seconded by Councillor Jones That the ad hoc committee for the resolution of Camp 30 meet with the developer over the summer 2021 to attempt to resolve the matter by August 31, 2021. Referred, see following motion Resolution # PD-213-21 Moved by Councillor Neal Seconded by Councillor Jones That Resolution #PD-212-21, be referred to the July 5, 2021, Council Meeting. Carried. Alter the Agenda Resolution # PD-214-21 Moved by Councillor Neal Seconded by Councillor Jones That the Agenda be altered to consider Item 9.4, Delegation of Wendy Bracken, regarding AMESA Monitoring Reporting for the Incinerator, again at this time. Carried 9.4 Wendy Bracken regarding AMESA Monitoring Reporting for the Incinerator Resolution # PD-215-21 Moved by Councillor Neal Seconded by Councillor Jones That staff be directed to commence proceedings under the HCA to obtain all of the records and information on the Amesa testing since 2015 which Durham Region has refused to provide. Referred, see following motion. 14 Planning and Development Committee Minutes of June 28, 2021 Resolution # PD-216-21 Moved by Councillor Neal Seconded by Councillor Jones That Resolution #PD-215-21, be referred to staff to report back at the July 5, 2021 Council meeting. Carried. 15. Unfinished Business 16. Confidential Reports 17. Adjournment Resolution # PD-217-21 Moved by Mayor Foster Seconded by Councillor Zwart That the meeting adjourn at 11:44 p.m. Carried 15