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HomeMy WebLinkAbout2015-10-05 Planning and Development Committee Minutes October 5, 2015 Minutes of a meeting of the Planning and Development Committee held on Monday, October 5, 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 W. Woo Regrets: Councillor C. Traill 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 There were no new business items added to the Agenda. 3 Adopt the Agenda Resolution #PD-020-15 Moved by Councillor Hooper, seconded by Mayor Foster That the Agenda for the Planning and Development Committee meeting of October 5, 2015 be adopted as presented. Carried 4 Disclosures of Pecuniary Interest There were no disclosures of pecuniary interest stated at this meeting. 5 Announcements Members of Council announced upcoming community events and matters of community interest. 6 Adoption of Minutes of Previous Meeting Resolution #PD-021-15 Moved by Councillor Neal, seconded by Councillor Partner That the minutes of the regular meeting of the Planning and Development Committee, held on September 14, 2015, be approved. Carried - 1 - Planning and Development Committee Minutes October 5, 2015 7 Public Meetings 7.1 Application for a Proposed Zoning By-law Amendment Applicant: 2265719 Ontario Limited Report: PSD-049-15 Cynthia Strike, Principal Planner, made a verbal and electronic presentation to the Committee regarding the application. Karen Paplinskie, local resident, spoke in opposition to the application. Ms. Paplinskie explained that she lives to the west of the proposed subdivision. She added that, at this time, she is not completely opposed to the subdivision but does have some concerns. Ms. Paplinskie noted that currently they are on a well and she is concerned with what the impacts of the construction and disturbance to the ground will have on their water table. She added that she is not aware of any preliminary studies that have been completed with respect to the water and would like to know if any have been done. Ms. Paplinskie explained that she previously lived in the City of Oshawa and was in a similar situation where her well was dried up within a year. Ms. Paplinskie continued that she is also concerned with the increase in residential homes, increased traffic, and speeding in the area. She added that she would like the shoulders of the road on Old Scugog Road to be repaired as it is used heavily by pedestrians and cyclists. Ms. Paplinskie concluded by requested the speed limits be reviewed for both Old Scugog Road and Regional Road 57, as these issues directly affect the residents in this area. Alexander Guevara, local resident, spoke in opposition to the application. Mr. Guevara advised the Committee that he is concerned with the traffic in the area of Regional Road 57 and Concession Road 3. He asked if there are plans for Concession Road 3 to become a straight road and if there are any plans for Old Scugog Court to become a cul-de-sac. Mr. Guevara concluded by noting he is mainly concerned with speeding and traffic in this area. Diarmuid Horgan, Candevcon Limited, spoke on behalf of the applicant. Mr. Horgan advised the Committee that he is available to answer any questions regarding the application. 7.2 Application to Permit a Temporary Parking Lot Applicant: Cowan Buick GMC/Gerr Holdings Ltd. Report PSD-050-15 Paul Wirch, Planner II, made a verbal and electronic presentation to the Committee regarding the application. Doug Hoogeboom, local resident spoke in opposition to the application. Mr. Hoogeboom explained to the Committee that he has lived in this area since 1990 and this is the second time he has been before members of Council on this matter. He questioned the - 2 - Planning and Development Committee Minutes October 5, 2015 definition of a temporary use as this temporary parking lot has been here for ten years. Mr. Hoogeboom noted that this lot cannot be paved and he has had to call Municipal Law Enforcement every year with complaints regarding lot maintenance. He continued that he is also concerned with transport trucks parking on Brown Street and blocking driveways and that this lot is being used as a taxi stand. Mr. Hoogeboom added that the issue with the taxis was temporarily corrected but has recently become an issue again. He concluded by noting that he is also upset that this lot is gravel which creates dust issues, the lot is used as a turning lane and would like to know how a use can be considered as temporary if it has been in place for over 10 years. No one spoke in support of the application. 8 Delegations 8.1 Delegation of Bonnie Martin Regarding the Rezoning of a Property Located at 2385 Maplegrove Road Bonnie Martin addressed the Committee regarding the rezoning of her property located at 2385 Maplegrove Road. Ms. Martin explained that she is opposed to this property being rezoned from agricultural to environmentally protected. She continued by explaining that this property was purchased as an investment property and, at that time, she approached the Central Lake Ontario Conservation Authority with respect to the zoning and permitted land use. Ms. Martin advised that she attended the public information session for the proposed changes to the Official Plan and she was looking for information on any future developments, timelines, and how they would directly affect her property. She noted that she did not receive notification of the rezoning and she has had many discussions with municipal staff regarding future developments and the proposed rezoning. Ms. Martin explained that she was advised by the municipality that the property was to be rezoned “environmentally protected” in order to protect the forest area and the trees. She added that she is concerned that this would lower the value of her property. Ms. Martin explained that she feels that the zoning is being changed for a development by Jeffery Homes and that the municipality is using a conservation by-law to make these lands environmentally protected. She concluded by asking whether or not this land is environmentally protected and if this is a temporary measure to protect forests. Ms. Martin added that she is concerned that, after the development is built, this area will have to be rezoned again. She thanked the members of Committee for the opportunity to speak. Resolution #PD-022-15 Moved by Councillor Neal, seconded by Councillor Cooke That the delegation of Bonnie Martin, regarding the rezoning of a property located at 2385 Maplegrove Road, be referred to staff. Carried - 3 - Planning and Development Committee Minutes October 5, 2015 Suspend the Rules Resolution #PD-023-15 Moved by Councillor Partner, seconded by Councillor Neal That the rules be suspended to allow Sally Hillis and Jim Sullivan to speak as a single delegation, for no longer than 20 minutes. Carried 8.2 Delegation of Sally Hillis and Jim Sullivan, Enniskillen Environmental Association, Regarding Resolution PD-015-15, Clarington Transformer Station, Tabled at the September 14, 2015 Planning and Development Committee Meeting Sally Hillis and Jim Sullivan, Enniskillen Environmental Association (EEA), addressed the Committee concerning Resolution PD-015-15, regarding the Clarington Transformer Station and referred to an electronic presentation. Ms. Hillis advised the Committee that they are present with the same message as she has had in previous visits and that is to protect the site. Ms. Hillis continued that there had previously been a Permit To Take Water granted for this site. She explained that Dr. John Cherry has written a letter of response to Steve Usher’s report and this letter has been forwarded to the Members of Committee. Ms. Hillis noted that there was an error in the report by Steve Usher and explained that Dr. Cherry was not retained by the EEA as a hydrogeological peer reviewer. She added that Dr. Cherry volunteers his time to review data and provide advice, does not receive remuneration, and is acting as a concerned citizen. Ms. Hillis continued by reviewing three important dates with respect to Tritium testing which included September 15, 2014, September 22, 2014, and September 29, 2014. She provided background information on these dates and explained the importance of Tritium testing. Mr. Sullivan explained that this project has been an issue since 2006 and there has been constant worry about water being compromised. Mr. Sullivan provided some background information on the relationship with Steve Usher and the reports done by Stantec with respect to the wells in the area which included a review of six or seven wells. He continued by reviewing the findings of these tests and it was determined that tritium testing needed to be conducted on the shallow, deep, and intermediate wells. Mr. Sullivan explained how the testing was completed on these wells, including how the samples were taken and the results. He explained that the recharge of the new water and the aquifer were not working correctly. Mr. Sullivan noted the he met with Granville Anderson to discuss the impacts of these findings and that they are looking for an affidavit from Hydro One ensuring that these wells will not be contaminated. He added that the Ministry of Environment has shut down the lab that provides testing for tritium on private wells. He concluded by asking for more research to be conducted on the site and in this environmentally sensitive area. - 4 - Planning and Development Committee Minutes October 5, 2015 Ms. Hillis highlighted the recommendations of Dr. Ian Clark’s letter of support for Dr. Cherry’s letter and provided some background information with respect to Dr. Clark’s involvement. Ms. Hillis explained that both Dr. Cherry and the residents are asking for further testing to be done to ensure the water is not contaminated. She concluded by asking for the Committee to support the recommendations of Dr. Cherry, is asking Steve Usher to withdraw his report or make it an interim report, requested that a peer review be carried out by Dr. Clark, Dr. Cherry and Dr. Gerber, and requested that more testing be conducted. Recess Resolution #PD-024-15 Moved by Councillor Neal, seconded by Councillor Hooper That the Committee recess for five minutes. Carried The meeting reconvened at 8:42 PM with Councillor Woo in the chair. 9 Communications - Receive for Information I-1 Manish Nayar, President, Oya Solar Inc. – Hybridyne Power Generation Site A Solar Farm – Notice of Public Information Centre Regarding the Construction of a Communication Tower Resolution #PD-025-15 Moved by Mayor Foster, seconded by Councillor Cooke That correspondence item I - 1 be received for information. Carried 10 Communications – Direction D-1 Janet McNeill, DNA Coordinator, Durham Nuclear Awareness – OPG’s Request for 13 Year Licence for Darlington Nuclear Generating Station Resolution #PD-026-15 Moved by Mayor Foster, seconded by Councillor Cooke That correspondence item D - 1 from Janet McNeill, DNA Coordinator, Durham Nuclear Awareness, regarding OPG’s Request for a 13 Year Licence for Darlington Nuclear Generating Station, be received with thanks. Carried - 5 - Planning and Development Committee Minutes October 5, 2015 D-2 - Dr. John Cherry, Comments on Tritium Results from Homeowner Wells and Related Matters Concerning the SLR Report dated September 28, 2015 Resolution #PD-027-15 Moved by Councillor Neal, seconded by Councillor Hooper That correspondence item D – 2 from Dr. John Cherry, regarding comments on Tritium Results from Homeowner Wells and Related Matters Concerning the SLR Report dated September 28, 2015, be referred to the consideration of Agenda Item 14-1. Carried D-3 Dr. Ian Clark, Comments on Tritium Results from Homeowner Wells - Resolution #PD-028-15 Moved by Councillor Neal, seconded by Councillor Hooper That correspondence item D – 3 from Dr. Ian Clark, regarding comments on Tritium Results from Homeowner Wells, be referred to the consideration of Agenda Item 14-1. Carried D-4Karen & Mark Paplinskie, Correspondence Regarding a Proposed Zoning By- - law Amendment, Report PSD-049-15, An Application by 2265719 Ontario Inc., to Permit 70 Single Detached Dwellings Resolution #PD-029-15 Moved by Councillor Hooper, seconded by Mayor Foster That the correspondence from Karen & Mark Paplinskie, regarding Report PSD-049-15, An Application by 2265719 Ontario Inc., to Permit 70 Single Detached Dwellings, be referred to the Director of Planning Services to be considered as part of the application review process. Carried 11 Presentations 11.1 Presentation of Steve Usher, SLR Consulting Canada, Regarding Report PSD-052-15, Clarington Transformer Station, Annual Update Steve Usher, SLR Consulting Canada, addressed the Committee regarding Report PSD-052-15, Clarington Transformer Station, to present an Annual Update. Mr. Usher thanked the Members of the Committee and the residents. He discussed the peer review objectives. Mr. Usher highlighted the activities that have taken place since April 2015, reviewed the reporting that has been completed, and commented on some of the findings. He reviewed a site conceptual geological model and explained how this was created and some of the findings. Mr. Usher added that this model corresponds with the - 6 - Planning and Development Committee Minutes October 5, 2015 model that Hydro One has created, with a few exceptions. Mr. Usher reviewed a schematic of the ground water flow pathway. He explained the water balance and provided details on the recharge from rain, the surficial sand, the weathered till, leakage to depth, and the lateral flow at depth. Mr. Usher addressed each individual aquifer including the Newmarket Sand Horizon, the Tritium and the Deep Aquifer, and the Mackinaw Sand Aquifer. He provided details on the Mackinaw Distribution. Mr. Usher explained that he has noted in his report that the wells are not at risk and he welcomes more tritium testing. He added that this is an interim report for year one of five. He discussed the Permit To Take Water and covered various aspects of this. Mr. Usher reviewed the monitoring results of ground water seeps, the water collected, and precipitation observed at the Clarington Transformer Site. He concluded by explaining the water levels and the recharge of the last 12 months and the conclusions of his findings. Mr. Usher added that he is available to answer any questions from the Committee. Alter the Agenda Resolution #PD-030-15 Moved by Mayor Foster, seconded by Councillor Cooke That the Agenda be altered to consider Report PSD-052-15, Clarington Transformer Station Peer Review, Annual Update, at this time. Carried 12.4 PSD-052-15 Clarington Transformer Station Peer Review, Annual Update Resolution #PD-031-15 Moved by Mayor Foster, seconded by Councillor Cooke That Report PSD-052-15 be received; Given the diverse opinions on the Clarington Transformer Station site; and Given the initiative shown by the Enniskillen Environmental Association (EEA) to undertake tritium testing; Therefore be it resolved that the scientific representatives of Hydro One, the Municipality of Clarington, the EEA and the Central Lake Ontario Conservation Authority be asked to meet to select six private wells, and ten site groundwater monitors for sampling and measurement of tritium and helium isotope concentrations; That Hydro One be asked to cover the cost of this one-time sampling and testing, in the spirit of working towards a solution; - 7 - Planning and Development Committee Minutes October 5, 2015 That the four parties prepare a joint scientific report interpreting the results, including dissenting opinions; and That this resolution be forwarded to Granville Anderson, MPP, Ministry of the Environment and Climate Change, the Enniskillen Environmental Association, and Central Lake Ontario Conservation Authority. Carried as Amended Later in the Meeting (See following motions) Suspend the Rules Resolution #PD-032-15 Moved by Mayor Foster, seconded by Councillor Cooke That the rules be suspended to discuss the possibility of allowing Mr. Usher to answer questions from Committee. Carried Resolution #PD-033-15 Moved by Mayor Foster, seconded by Councillor Cooke That Mr. Usher be allowed to answer questions from Committee during the consideration of Report PSD-052-15. Carried Resolution #PD-034-15 Moved by Councillor Neal, seconded by Councillor Partner That the foregoing Resolution #PD-031-15 be referred to Agenda Item 14.1, Resolution #PD-015-15, regarding the Clarington Transformer Station. Motion Lost Resolution #PD-035-15 Moved by Councillor Partner, seconded by Councillor Hooper That the foregoing Resolution #PD-031-15 be amended as follows: Add the following after the words “Central Lake Ontario Conservation Authority”: “including, but not limited to: Dr. Rick Gerber, Dr. Ian Clark, and Dr. John Cherry,” Carried - 8 - Planning and Development Committee Minutes October 5, 2015 Resolution #PD-036-15 Moved by Councillor Partner, seconded by Councillor Hooper That the foregoing Resolution #PD-031-15 be amended as follows: Replace the words “select six private wells,” with: “provide an analysis of the data on all 23 private wells, three blind samples,” Carried Resolution #PD-037-15 Moved by Councillor Neal, seconded by Councillor Cooke That the foregoing Resolution #PD-031-15 be amended to add the following as the second last paragraph: “That Clarington request that the Minister of the Environment and Climate Change amend the terms of the Environmental Assessment conditions to require that Hydro One submit an addendum to the Environmental Site Report to address the results of the recent studies showing elevated levels of tritium within the framework of a conceptual model that explicitly assesses groundwater connectivity among shallow, intermediate and deep aquifers, and identify changes to the Permit to Take Water to require monitoring of tritium, and to be consistent with the addendum.” Carried The foregoing Resolution #PD-031-15 was then put to a vote and carried as amended. Resolution #PD-038-15 Moved by Councillor Neal, seconded by Councillor Cooke That, in accordance with Section 4.9.2 of the Procedural By-law, the meeting be extended until 11:10 PM. Carried 12 Planning Services Department Reports 12.1 PSD-049-15 An Application by 2265719 Ontario Inc., to Permit 70 Single Detached Dwellings Resolution #PD-039-15 Moved by Mayor Foster, seconded by Councillor Neal That Report PSD-049-15 be received; - 9 - Planning and Development Committee Minutes October 5, 2015 That the applications for Draft Plan of Subdivision and to amend Zoning By-law 84-63, submitted by 2265791 Ontario Inc. for the development of 70 single detached dwellings continue to be processed and that a subsequent report be prepared; That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-049-15 and Council’s decision; and That all interested parties listed in Report PSD-049-15 and any delegations be advised of Council's decision. Carried 12.2 PSD-050-15 An Application by Cowan Buick GMC, on Behalf of Gerr Holdings Ltd., to Permit the Temporary Use of a Vacant Lot for Employee Parking Resolution #PD-040-15 Moved by Mayor Foster, seconded by Councillor Hooper That Report PSD-050-15 be received; That the application be referred to staff to consider the delegates concerns including: paving, surface treatment, dust control, and traffic. Motion Withdrawn Resolution #PD-041-15 Moved by Councillor Partner, seconded by Councillor Hooper That the Report PSD-050-15, be tabled to Planning and Development Committee meeting of October 26, 2015. Carried 12.3 PSD-051-15 Application for Removal of Holding Symbol Applicant: Claret Investments Limited and 1361189 Ontario Limited Resolution #PD-042-15 Moved by Councillor Neal, seconded by Mayor Foster That Report PSD-051-15 be received; That the application submitted on behalf of Claret Investments Limited and 1361189 Ontario Limited to remove the Holding (H) symbol be approved and that the By-law attached to Report PSD-051-15 to remove the Holding (H) Symbol be passed; - 10 - Planning and Development Committee Minutes October 5, 2015 That Council’s decision and a copy of Report PSD-051-15 be forwarded to the Region of Durham and the Municipal Property Assessment Corporation; and That all interested parties listed in Report PSD-051-15 and any delegations be advised of Council's decision. Carried 12.4 PSD-052-15 Clarington Transformer Station Peer Review, Annual Update Report PSD-052-15, Clarington Transformer Station Peer Review, Annual Update was considered earlier in the meeting after the presentation portion of the agenda. 12.5 PSD-053-15 Request for Extension of Draft Approval by Far Sight Investments Ltd. Resolution #PD-043-15 Moved by Councillor Cooke, seconded by Councillor Hooper That Report PSD-053-15 be received; That the request to extend the lapsing date for draft approved Plan of Subdivision S-C-2005-0002 be supported to November 27, 2018 for Phase 1 and November 27, 2022 for any subsequent phase; That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-053-15 and Council’s decision; and That all interested parties listed in Report PSD-053-15 and any delegations be advised of Council’s decision. Carried 13 New Business – Consideration There were no New Business Item to be considered under this Section of the Agenda. 14 Unfinished Business Resolution #PD-044-15 Moved by Councillor Neal, seconded by Councillor Cooke That Resolution #PD-015-15 be lifted from the table. Carried - 11 - Planning and Development Committee Minutes October 5, 2015 The Committee now had the following resolution before them: “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. 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 Withdrawn Correspondence Items D-2 and D-3 were referred to Agenda Item 14.1. However, they were considered earlier in the meeting under Report PSD-052-15. 15 Confidential Reports There were no Confidential Reports scheduled under this Section of the Agenda. - 12 - Clarington Planning and Development Committee Minutes October 5, 2015 16 Adjournment Resolution #PD-045-15 Moved by Councillor Partner, seconded by Councillor Cooke That the meeting adjourn,at,;11:06 PM. Carried g t t Chair Deputy Clerk II i I - 13 -