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HomeMy WebLinkAbout2015-09-14Planning and Development Committee Minutes September 14, 2015 Minutes of a meeting of the Planning and Development Committee held on Monday, September 14, 2015 at 7:00 PM in the Council Chambers. Present Were: Mayor A. Foster, Councillor S. Cooke, Councillor R. Hooper, Councillor J. Neal, Councillor W. Partner, Councillor C. Traill, Councillor W. Woo Staff Present: D. Crome, J. Gallagher, M. Chambers 1 Call to Order Councillor Woo called the meeting to order at 7:00 PM. 2 New Business – Introduction Councillor Neal added a new business item, regarding the Clarington Transformer Station, to the New Business – Consideration section of the Agenda. 3 Adopt the Agenda Resolution #PD-001-15 Moved by Councillor Councillor Hooper, seconded by Councillor Councillor Cooke That the Agenda for the Planning and Development Committee meeting of September 14, 2015 be adopted as presented, with the following item being added to the “New Business – Consideration” section of the Agenda:  Clarington Transformer Station Carried 4 Disclosures of Pecuniary Interest Councillor Partner indicated she would be declaring a pecuniary interest in Report PSD-042-15 regarding Public Meeting Report for a General Amendment to Zoning By-law 84-63. 5 Announcements Members of Council announced upcoming community events and matters of community interest. 6 Adoption of Minutes of Previous Meeting There were no previous minutes to be considered under this Section of the Agenda. - 1 - Planning and Development Committee Minutes September 14, 2015 7 Public Meetings 7.1 Application to Permit an Outdoor Wedding and Event Venue Applicant: Lesle Gibson Report: PSD-041-15 Anne Taylor Scott, Planner II, made a verbal and electronic presentation to the Committee regarding the application. James Kamstra, local resident speaking on behalf of his parents, spoke in opposition to the application. He advised the Committee that he is concerned with the size and frequency of the events. Mr. Kamstra added that he is also concerned with the increased traffic during events. He concluded that he believes this application appears be a temporary use and is concerned that it will become a permanent use in the future and the events will continue to grow larger. Jim Kamstra, local resident, spoke in opposition to the application. He advised the Committee that he is not completely opposed to the application, however he feels that more studies need to be conducted prior to approving this application. Mr. Kamstra is concerned with the “S” bend on the narrow road in front of the property. He noted that he is also concerned with increased speeding in the area and any increase in the size and frequency of these events. Mr. Kamstra explained that he is concerned with events being licensed, the noise from these events, how late will the run, and how will these events be policed. He concluded by asking that alternative options be looked at and presented to the public. Heather Saddler, Planner, EcoVue, was present on behalf of the applicant. Ms. Saddler explained to the Committee that Ms. Gibson is well known for her event hosting and party planning all over the world and looking to bring these events to the Municipality of Clarington and to her family farm. She explained that these events will reflect the nature of the property and are intended to benefit from the existing agricultural operations. Ms. Saddler noted that the events will range from small to large and will not all have 250 guests in attendance. She explained that these events will be well planned, well managed, elegant events with considerable planning. Ms. Saddler noted that they understand the neighbours concerns and explained that any future plans will be controlled through the Official Plan, Zoning By-law, Site Plan Control, and the Noise By- law. Ms. Saddler concluded by stated that all events will be licensed by the Municipality, are not intended to be disruptive to the community, and will help develop rural farm properties and strengthen them for the future. Lesle, Gibson, applicant, responded to specific questions regarding parking and the municipal Noise By-law. - 2 - Planning and Development Committee Minutes September 14, 2015 7.2 Application for a General Amendment to Zoning By-Law 84-63 Applicant: Municipality of Clarington Report PSD-042-15 Tracey Webster, Senior Planner, made a verbal and electronic presentation to the Committee regarding the application. Clifford Curtis, local resident, spoke in opposition to the application. Mr. Curtis noted that he had previously submitted his written delegation to the members of the Committee. He explained that he has owned property at the end of Tooley Road since 1981 and it is currently zoned (H)R1. Mr. Curtis explained that this property was severed in 1991 and is currently landlocked. He requested that Section 3.11 of the proposed Zoning By-law not be passed as it will make it extremely difficult to proceed with the Removal of Holding process. He concluded by asking that these changes be deferred until the new Official Plan and Zoning By-law are passed to ensure that these changes comply. No one spoke in support of the application. Recess Resolution #PD-002-15 Moved by Councillor Partner, seconded by Mayor Foster That the committee recess for 10 minutes. Carried The meeting reconvened at 8:35 PM with Councillor Woo in the Chair. 8 Delegations 8.1 Delegation of Michael Fry, D.G. Biddle & Associates, Regarding Report PSD-043-15, A Rezoning Application by 1351739 Ontario Limited to Amend Zoning By-Law 84-63 to Permit the Severance of a Residential Lot Fronting on Townline Road, Courtice Michael Fry, D.G. Biddle & Associates, was present regarding Report PSD-043-15. Mr. Fry thanked the Committee and advised that he would like to speak to some of the changes in the proposed Zoning By-law Amendment. He noted that this By-law complies with both the Regional and local Official Plan’s. Mr. Fry continued by stating that he would like to address the provision in the staff report regarding the Removal of Holding. He explained that originally there was a provision to dedicate the open space lands to the Municipality of Clarington based on the existence of the Provincially Significant Wetlands (PSW) and after the pre-consultation the Central Lake Conservation Authority determined that there is no PSW on the subject property. Mr. Fry concluded by asking the Committee to change the By-law to remove this provision. - 3 - Planning and Development Committee Minutes September 14, 2015 8.2 Delegation of Michael Fry, DG Biddle & Associates, Regarding Report PSD-045-15, Application by Zemer Holdings Ltd. to Rezone Lands to Permit an Apartment Building at 50 Martin Road in Bowmanville Michael Fry, D.G. Biddle & Associates, was present regarding Report PSD-045-15. Mr. Fry thanked the Committee and noted that he has reviewed the recommendations in the staff report and would like to address a few items. He addressed recommendation 3b in the staff report regarding the provision for the construction of a trail that is publicly accessible prior to the removal of holding symbol. Mr. Fry explained that this will be an issue for the property owner due to the slope of the land making it extremely difficult to create and maintain a public trail. He added that the property owner will have difficulty obtaining insurance for this trail which will make it difficult to receive funds. Mr. Fry continued by noting concern for recommendation 3c regarding the completion of an Environmental Impact Study to address the proposed sewer connection. Mr. Fry added that after he reviewed the proposed draft Zoning By-law, he feels that it does not completely address items in the building envelope, including but not limited to the setback and height provisions. 8.3 Delegation of Laverne Kirkness, Kirkness Consulting, Regarding Report PSD-048-15, An Application By 2346123 Ontario Inc. (Wally Gupta) To Permit a Motor Vehicle Fuel Bar Laverne Kirkness, Kirkness Consulting, was present regarding Report PSD-048-15. Mr. Kirkness explained to the Committee that he was present at the Public Meeting in June, 2015 and provided a detailed overview of the features of the proposed development. He thanked staff for the report and the recommendations. Mr. Kirkness concluded by noting they are pleased with the Report, have some work to do with this project, and would like to move forward and prepare a Site Plan. 9 Communications - Receive for Information I-1 D. Bowen, AMCT, Regional Clerk/Director of Legislative Services, Regional Municipality of Durham – 2015 Corporate Climate Change Update I-2 Melodee Smart, Works Department, Regional Municipality of Durham – Durham/York Energy from Waste Project – Ambient Air Monitoring I-3 Melodee Smart, Works Department, Regional Municipality of Durham – Durham/York Energy from Waste Project – 2014 Durham Region and York Region Waste Diversion Program Monitoring Reports and Waste Management Annual Reports I-4 Melodee Smart, Works Department, Regional Municipality of Durham – Durham/York Energy from Waste Project – April, May and June 2015 Complaint and Inquiry Logs and Project Team Direct Contact Log - 4 - Planning and Development Committee Minutes September 14, 2015 I-5 Minutes of the Ganaraska Region Conservation Authority dated May 21, and June 18, 2015 Resolution #PD-003-15 Moved by Mayor Foster, seconded by Councillor Cooke That correspondence items I - 1 to I -5 to be received for information. Carried 10 Communications – Direction D-1 Lesle Gibson, Letter Addressing Concerns of Neighbours Regarding Proposed Amendment to the Official Plan, Report PSD-041-015, Applications by Lesle Gibson to Permit an Outdoor Wedding and Event Venue Resolution #PD-004-15 Moved by Councillor Partner, seconded by Councillor Traill That the correspondence from Lesle Gibson, regarding Report PSD-041-15, Applications by Lesle Gibson to Permit an Outdoor Wedding and Event Venue, be referred to the Director of Planning Services to be considered as part of the application review process. Carried D-2 Cliff Curtis, Correspondence Regarding a Proposed General Amendment to Zoning By-law 84-63, Report PSD-042-15, Public Meeting Report for a General Amendment to Zoning By-law 84-63 Resolution #PD-005-15 Moved by Councillor Neal, seconded by Councillor Hooper That the correspondence from Clifford Curtis, regarding Report PSD-042-15, Public Meeting Report for a General Amendment to Zoning By-law 84-63, be referred to the Director of Planning Services to be considered as part of the application review process. Carried - 5 - Planning and Development Committee Minutes September 14, 2015 11 Presentations There were no Presentations scheduled under this Section of the Agenda. 12 Planning Services Department Reports 12.1 PSD-041-15 Applications by Lesle Gibson to Permit an Outdoor Wedding and Event Venue Resolution #PD-006-15 Moved by Councillor Partner, seconded by Councillor Traill That Report PSD-041-15 be received; That the proposed applications by Lesle Gibson to amend the Clarington Official Plan (COPA 2015-0003) and Zoning By-law (ZBA 2015-0011) be approved, and the appropriate by-laws be brought forward to the September 21, 2015 Council meeting; That the Durham Regional Planning and Economic Development Department be forwarded a copy of Report PSD-041-15 and Council’s decision; and That all interested parties listed in Report PSD-041-15 and any delegations be advised of Council’s decision. Carried 12.2 PSD-042-15 Public Meeting Report for a General Amendment to Zoning By-law 84-63 Councillor Partner declared a pecuniary interest in Report PSD-042-15, regarding Public Meeting Report for a General Amendment to Zoning By-law 84-63, as she is an owner of a dog related business. Councillor Partner left the room and refrained from discussion and voting on this matter. Resolution #PD-007-15 Moved by Mayor Foster, seconded by Councillor Hooper That Report PSD-042-15 be received; That the Zoning By-law Amendment contained in Attachment 3 of Report PSD-042-15 be approved; That the Durham Regional Planning and Economic Development Department be forwarded a copy of Report PSD-042-15 and Council’s decision; and - 6 - Planning and Development Committee Minutes September 14, 2015 That all interested parties listed in Report PSD-042-15 and any delegations be advised of Council’s decision. Carried as Amended (See following motion) Resolution #PD-008-15 Moved by Councillor Neal, seconded by Councillor Traill That the foregoing Resolution #PD-007-15 be amended by adding the following at the end of Paragraph one: “with the changes indicated in the handout distributed by the Director of Planning Services and the following change to Item 9xi) of the handout: replace the words ‘one student at a time’ with the words ‘up to three individuals.’” Carried The foregoing Resolution #PD-007-15 was then put to a vote and carried as amended. Councillor Partner returned to the meeting. 12.3 PSD-043-15 A Rezoning Application by 1351739 Ontario Limited to Amend Zoning By-Law 84-63 to Permit the Severance of a Residential Lot Fronting on Townline Road, Courtice Resolution #PD-009-15 Moved by Councillor Neal, seconded by Councillor Hooper That Report PSD-043-15 be received; That the Zoning By-law Amendment application submitted by 1351739 Ontario Limited be approved as contained in Attachment 1 to Report PSD-043-15; That, once all conditions contained in the Official Plan with respect to the removal of the (H) Holding Symbol are satisfied, the By-law authorizing the removal of the (H) Holding Symbol be approved; That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-043-15 and Council’s decision; and That all interested parties listed in Report PSD-043-15 and any delegations be advised of Council’s decision. Carried - 7 - Planning and Development Committee Minutes September 14, 2015 12.4 PSD-044-15 Courtice Main Street Community Improvement Plan – Terms of Reference Resolution #PD-010-15 Moved by Councillor Neal, seconded by Mayor Foster That Report PSD-044-15 be received; That the Courtice Main Street Community Improvement Plan process and approach be accepted and the consulting proposal call issued; That Staff provide a recommendation for the retention of a consulting team in accordance with the Purchasing By-law; That the costs be charged to Unclassified Administration – Professional Fees Account #100-21-211-00000-7161 with 90 percent recovered from the General Government Development Charges Reserve Fund; and That all interested parties listed in Report PSD-044-15 and any delegations be advised of Council’s decision. Carried 12.5 PSD-045-15 Application by Zemer Holdings Ltd. to Rezone Lands to Permit an Apartment Building at 50 Martin Road in Bowmanville Resolution #PD-011-15 Moved by Councillor Neal, seconded by Councillor Hooper That Report PSD-045-15, regarding Application by Zemer Holdings Ltd. to Rezone Lands to Permit an Apartment Building at 50 Martin Road in Bowmanville, be referred to Staff to discuss the matter further with the applicant. Carried 12.6 PSD-046-15 Ontario Heritage Trust Recognition Program Resolution #PD-012-15 Moved by Councillor Partner, seconded by Councillor Hooper That Report PSD-046-15 be received; That the Ontario Heritage Trust be advised that the Council of the Corporation of the Municipality of Clarington nominates Brian and Audrey Jose for recognition under the Lieutenant Governor's Ontario Heritage Award for Excellence in Conservation for their significant contribution to the conservation of Clarington’s built heritage with restoring The Walbridge House; and - 8 - Planning and Development Committee Minutes September 14, 2015 That Brian and Audrey Jose, the Ontario Heritage Trust, and all interested parties listed in Report PSD-046-15 be advised of Council’s decision. Carried 12.7 PSD-047-15 Clarington Heritage Week 2015 Resolution #PD-013-15 Moved by Councillor Hooper, seconded by Councillor Cooke That Report PSD-047-15 be received for information. Carried 12.8 PSD-048-15 An Application by 2346123 Ontario Inc. (Wally Gupta) to Permit a Motor Vehicle Fuel Bar Resolution #PD-014-15 Moved by Councillor Partner, seconded by Mayor Foster That Report PSD-048-15 be received; That the Zoning By-law Amendment application submitted by 2346123 Ontario Inc. (Wally Gupta) be approved and the by-law passed as contained in Attachment 1 to Report PSD-048-15; That once all conditions contained in the Official Plan with respect to the removal of the (H) Holding Symbol are satisfied, including the matters identified in Section 11.13 of Report PSD-048-15, the By-law authorizing the removal of the (H) Holding Symbol, be approved; That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-048-15 and Council’s decision; and That all interested parties listed in Report PSD-048-15 and any delegations be advised of Council’s decision. Carried - 9 - Garington Planning and Development Committee Minutes September 14, 2015 13 New Business - Consideration 13.1 Clarington Transformer Station i Resolution #PD-015-15 Moved by Councillor Neal, seconded by Councillor Traill Whereas the Environmental Site Report ("ESR") submitted by Hydro One to the Minister of the Environment and Climate Change (the "Minister") for the Clarington Transformer Station ("CTS") was based on a desktop study prepared by Stantec, and which has been refuted by the site concept model developed by SLR Consulting, prepared based on actual hydro-geological results; and Whereas recent tests have indicated the presence of elevated levels of tritium in three residential wells which had been selected for testing by SLR Consulting; Now therefore be it resolved that: 1. Clarington is requesting that the Minister require that Hydro One submit a new ESR based on the site concept model developed by SLR Consulting, and to include the results of the studies referred to in paragraph 2 hereof, and that the Minister consider making a Part II Order for the CTS; 2. Clarington is requesting that Hydro One pay for comprehensive tritium tests, including helium 3 testing, on all affected residential wells, and to be analyzed at a neutral testing lab; 3. Clarington is requesting that Hydro One provide access for and waive any management fees for, Group 360 for the drilling and monitoring of the sonic deep well. 4. This resolution be forwarded to MPP Granville Anderson, the Minister of Environment and Climate Change, Hydro One, Durham Region, Enniskillen Environmental Association and Central Lake Ontario Conservation Authority. Motion tabled (See following motion) Resolution #PD-016-15 Moved by Councillor Neal, seconded by Councillor Partner That the above Resolution #PD-015-15, be tabled until the Planning & Development Committee meeting of October 5, 2015. Carried - 10 - Planning and Development Committee Minutes September 14, 2015 14 Unfinished Business There were no items considered under this section of the Agenda. 15 Confidential Reports 15.1 Confidential Verbal Report from the Director of Planning Services Regarding a Property Matter Closed Session Resolution #PD-017-15 Moved by Mayor Foster, seconded by Councillor Partner That, in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing a confidential verbal report from the Director of Planning Services regarding a property matter, a proposed or pending acquisition or disposition of land by the municipality or local board. Carried Rise and Report The meeting resumed in open session at 10:42 PM with Councillor Woo in the Chair. Councillor Woo advised that one item was discussed in “closed” session in accordance with Section 239(2) of the Municipal Act, 2001 and no resolutions were passed. Resolution #PD-018-15 Moved by Councillor Neal, seconded by Councillor Traill That the confidential verbal report, from the Director of Planning Services, regarding a property matter, be received for information. Carried - 11 - Cladyngton Planning and Development Committee Minutes September 14, 2015 16 Adjournment Resolution #PD-019-15 Moved by Councillor Partner, seconded by Councillor Traill That the meeting adjourn at 10:44 PM. Carried Chair Deputy Clerk - 12 -