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HomeMy WebLinkAbout10/26/2015 Cla i. -I M- g ton Planning and Development Committee Agenda Date: October 26, 2015 Time: 7:00 PM Place: Council Chambers, 2nd Floor Municipal Administrative Centre 40 Temperance Street Bowmanville, Ontario Inquiries & Accommodations: For inquiries about this agenda, or to make arrangements for accessibility accommodations for persons attending, please contact: Michelle Chambers, Committee Coordinator, at 905-623-3379, ext. 2106 or by email at mchambers(a-_)clarington.net. Alternate Format: If this information is required in an alternate format, please contact the Accessibility Coordinator, at 905-623-3379 ext. 2131. Audio Record: The Municipality of Clarington makes an audio record of Planning and Development Committee meetings. If you make a delegation or presentation at a Planning and Development Committee meeting, the Municipality will be audio recording you and will make the recording public by publishing the recording on the Municipality's website. Copies of Reports are available at www.clarington.net Clariflgt011 Planning and Development Committee Agenda Date: October 26, 2015 Time: 7:00 PM Place: Council Chambers 1 Call to Order 2 New Business — Introduction 3 Adopt the Agenda 4 Disclosures of Pecuniary Interest 5 Announcements 6 Adoption of Minutes of Previous Meeting 6.1 Minutes of a Regular Meeting of October 5, 2015 6-1 7 Public Meetings 7.1 Application for an Official Plan and Zoning By-law Amendment 7-1 Applicant: 564069 Ontario Limited Report PSD-054-15 7.2 Application for an Official Plan and Zoning By-law Amendment 7-3 Applicant: Deborah & Oswin Mathias Report PSD-055-15 8 Delegations There are no Delegations scheduled for this meeting at this time. 9 Communications - Receive for Information There are no Communications to be received for information. 10 Communications — Direction There are no Communications for direction. 11 Presentations No Presentations Page 1 Cla.rftt011 Planning and Development Committee Agenda Date: October 26, 2015 Time: 7:00 PM Place: Council Chambers 12 Planning Services Department Reports 12.1 PSD-054-15 An Application by 564069 Ontario Inc. to Construct a 12-1 5-Storey, Mixed-Use Building on Beaver Street, Newcastle 12.2 PSD-055-15 Applications by Deborah and Oswin Mathias to Permit 12-11 Special Events, Farm Tours and Meat Processing and Sales on an Agricultural Property 13 New Business - Consideration 14 Unfinished Business 14.1 PSD-050-15 An Application by Cowan Buick GMC, on Behalf of Gerr 14-1 Holdings Ltd., to Permit the Temporary Use of a Vacant Lot for Employee Parking [Tabled from the October 5, 2015 Planning and Development Committee Meeting] 15 Confidential Reports 15.1 PSD-056-15 1679 Highway 2, Courtice — Civic Centre Acquisition (To be distributed separately) 16 Adjournment Page 2 Planning and Development Committee Clar-ingtonMinutes 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 r Regrets: Councillor C. Traill j' Staff Present: D. Crome, J. Gallagher, M. Chambers 1 Call to Order Councillor Woo called the meeting to order at 7:00 PM. i' 2 New Business -- Introduction There were no new business items added to the Agenda. f 3 Adopt the Agenda Resolution #PD-020-15 i! 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. C; Carried 4 Disclosures of Pecuniary Interest There were no disclosures of pecuniary interest stated at this meeting. 5 Announcements I Members of Council announced upcoming community events and matters of community interest. I' .6 Adoption of Minutes of Previous Meeting i Resolution #PD-021-15 I Moved by Councillor Neal, seconded by Councillor Partner i That the minutes of the regular meeting of the Planning and Development Committee, held on September 14, 2015, be approved. Carried - 6-1 PlClaringtonanning 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 - 6-2 I I C, ormnarmlPlanning and Development Committee JIM tIVII 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. j 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 C i 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 I 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. i r 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. r Carried - 3 - i 6-3 j' Planning and Development Committee ClaringtonMinutes 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 - 6-4 i Planning and Development Committee Minutes Clarington 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 i The meeting reconvened at 8:42 PM with Councillor Woo in the chair. i 9 Communications - Receive for Information i 1-1 Manish Nayar, President, Oya Solar Inc. — Hybridyne Power Generation Site A Solar Farm — Notice of Public Information Centre Regarding the j Construction of a Communication Tower i Resolution #PD-025-15 r Moved by Mayor Foster, seconded by Councillor Cooke f 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 - 6-5 Clari Planning and Development Committee ngtonMinutes 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-4 - Karen & 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 - 6-6 Planning and Development Committee Minutes L' amsqon 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 or 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; I 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 - 6-7 PlClaringtonanning 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 - 6-8 Planning and Development Committee Minutes Clarington 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 i 12 Planning Services Department Reports r 12.1 PSD-049-15 An Application by 2265719 Ontario Inc., to Permit 70 Single Detached Dwellings i Resolution #PD-039-15 Moved by Mayor Foster, seconded by Councillor Neal That Report PSD-049-15 be received; - 9 - i 6-9 Clari Planning and Development Committee ngtonMinutes 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 - 6-10 i PlClarbgtoaanning 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 j 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 z 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 i Resolution #PD-044-15 Moved by Councillor Neal, seconded by Councillor Cooke That Resolution #PD-015-15 be lifted from the table. Carried i' 6-11 Planning and Development Committee ClaringtonMinutes 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 - 6--12 Planning and Development Committee Clarin,qovMinutes October 5, 2015 16 Adjournment f Resolution #PD-045-15 Moved by Councillor Partner, seconded by Councillor Cooke That the meeting adjourn at 11:06 PM. Carried Chair Deputy Clerk i C I C �l f I' t f� t. li l i' i I; i i P i i - 13 - 6-13 lPUBLIC� MEETING REORT#PSD-054-15 ,Cng ton MUNICIPALITY OF CLARINGTON Notice ®f Public Meeting A land use change has been proposed, have your say! The Municipality is seeking public comments before making a decision on an application to amend the Official Plan and Zoning By-law to permit a 5-storey, mixed-use building ia dco ' The Owner 564069 Ontario Inc. of these properties has requested a_-I - KING AVENUE EAST permission to construct a 5-storey, mixed-use building which " ,, , would have. w Id : =,_ -- - - - o Ground Floor= detail and Service Lo 91Co Second Floor® Office N,14 �' '` L CO - Third, Fourth and Fifth Floor o 30 Condominium Apartments ��� I11 • a--- (3 one bedroom 22 two-bedroom) ter' ; hussar ' FOODLAND x_: y The Owner has submitted all of the requested items which makes BUILDING this application "Complete" roperty 3 ` pIt 49, 63 Seaver Street South, Newcastle (vacant—the homes on these properties were relocated in 2011); and SUBJECT PROPERTY 97, 131 King Avenue East, Newcastle (former Massey Box Factory and Foodland) PROPOSED DEVELOPMENT f .,-.�"r�'' ' -'� ��- ' 4- `''_ How to • - Informed The proposed amendment, additional information and background y I ,;; studies are available for review at the Planning Services Department, EMILY ST E - ` `L: * and on our website at clarington.net/developmentproposals . _ `r 9 ,�.. rl(ie +1• i6 a 6i( r ueJti®nJ? k L 0 ` 1" ' ' -. I Please contact Paul Wirch Planner II, at 905-623-3379, extension 82 �. .+ v o - $#: w 2418, or by email at pwirch(o_clarington.net W How to • - Comments - ` ' t t = Speak at the Public Meeting: Uj Date: Monday, October 26, 2015 Time: 7:00 PM 4}6 ` Lu. Place: 40 Temperance Street Bowm p anvllle, ON L1 C 3A6, Municipal Administrative Centre, Council Chambers '10 +'' ,'a - CUTLER DRIVE Or write the Planning Services Dept. to the attention of Paul Wirch. y.- COPX 015-0004 File Number: COPA 2015-0004 and ZBA 2009-0003 7_1 Freedom of Information and protection cf Privacy Act The personal information you submit will become part of the public record and may be released to the public. Questions about the information we collect can be directed to the Cleric's Department at 905-623-3379, extension 2102. Accessibility If you have accessibility needs and require alternate formats of this document or other accommodations please contact the Clerk's Department at 905-623-3379, extension 2109. Appeal Requirements If you do not speak at the public meeting or send your comments or concerns to the Municipality of Clarington before the by-law is passed, you will not be entitled to appeal the decision to the Ontario Municipal Board and you will not be able to participate at a hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to-do to. David J. Crome, MCIP, RPP Director of Planning Services October 5, 2015 7-2 o — . O w q S1 O cCj (CS ° dLLI U) c� o c ti g m o< CL O n=�wa .y .S _ Rel �. 0. � 1 ai U co la) E C9 O vi E o �. C) o -a C13 Q) Alp!} o L Cll n o L& lzd ® m O Cll (n p d ® U r (� (n U _ `� CV i. _. OVDUb`J2JOW_ c - p L N � L (b O O Cll LQ (o p U (Tj a O (v) r O co LO g o (6 5= > O co N m U Cs a) O (n L :. p O CV o p i3 O O CU U iLo- �p O C9 (U O CD t v ( j 4:► Q 'O�r Lam' `' t .� t U Q) a- 4- O co .0 U � O O CSI � � U) Cn � + 1 ' � �•r 1 _: g 2. 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O 0� cn O' cnr0 0 (D O- O 6, 73 p' N (D LS (D —a CD 0 ro' O C O 3 (D —6" r+ O p (D' W O ((D ((DD r-+• ((D O F 0_ 0 0 E 1• . r'`< O O zr Oo M (D 7-4 Planning Services Public Meeting Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102. Report To: Planning and Development Committee Date of Meeting: October 26, 2015 Report Number: PSD-054-15 Resolution Number: Pile Number: COPA 2015-0004 & ZBA 2009-0003 By-law Number: Report Subject: An Application by 564069 Ontario Inc. To Construct a 5-Storey, Mixed-Use Building on Beaver Street, Newcastle j' j Recommendations: 1. That Report PSD-054-15 be received; 2. That the applications to amend the Clarington Official Plan and Zoning By-law 84-63, submitted by 564069 Ontario Inc. for the development of a 5-storey, mixed-use building continue to be processed and that a subsequent report be prepared; 3. That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-054-15'and Council's decision; and 4. That all interested parties listed in Report PSD-054-15 and any delegations be advised of Council's decision. 12-1 Municipality of Clarington Report PSD-054-15 Page 2 Report Overview Following the successful relocation of two heritage homes along the east side of Beaver Street, the owner of these properties is requesting permission to construct a 5-storey, mixed-use (residential and commercial) building. The proposed building would include: • 1,320 square metres (14,200 square feet) of retail and services uses on the ground floor; • 1,320 square metres (14,200 square feet) of office space on the second floor; and • 30 condominium apartments on the third, fourth and fifth floors (8 one-bedroom, 22 two-bedroom). The purpose of this report is to receive public comments. 1 . Application Details 1.1 Owner/Applicant:564069 Ontario Inc. 1.2 Agent: D.G. Biddle.&Associates, 1.3 Proposal: To permit the construction of a 5-storey, mixed-use building through amendments to: i) the Clarington Official Plan; ii) the Newcastle Village Centre Secondary Plan; and iii) Zoning By-law. 1.4 Area: 1.5 ha 1.5 Location: 49, 63 Beaver Street South and 97, 131 King Avenue East, Newcastle 2. Background 2.1. The subject lands are comprised of three separate properties. • 97, 131 King Avenue East— Contains the Foodland supermarket on the east side of the property and the Massey Building on the west side of the property. These buildings share a common parking lot between them. • 49 Beaver Street South — Currently vacant. • 63 Beaver Street South — Currently vacant. 2.2 In 2008, the Applicant had discussions with Sobeys Inc. to expand the existing supermarket by.an additional 929 square metres (10,000 square feet). As part of 12-2 . Municipality of Clarington Report PSD-054-15 page 3 that discussion, Sobey's advised the Applicant the parking area would also need to be expanded to satisfy Sobeys' corporate parking standards. Once completed, the larger supermarket with expanded parking lot was then to be rebranded as a Sobeys supermarket. Since there was no further land to expand the parking area on the existing property (97, 131 King Avenue East)the Applicant submitted an application in 2009 to expand the parking area onto two neighbouring properties which they own —49 and 63 Beaver Street South. At the time, each of the Beaver Street properties was a single detached dwelling. The expansion of the parking area would necessitate the demolition or relocation of the two existing homes. 2.3 Due to the heritage nature of the Beaver Street homes, the Municipality placed these buildings onto the Municipal Register of properties with cultural heritage value or interest. The purpose of this action was to work with the applicant to determine if the buildings could be relocated. 2.4 In order to proceed with the Supermarket development, as well as satisfy the Municipal interest, the Applicant relocated the two dwellings from their original location to two vacant lots further south on Beaver Street. The relocation of these buildings took place in 2011. 2.5 In the meantime, the agreement between the Applicant and Sobey's Inc. dissolved and the addition to the supermarket did not proceed. 2.6 The Applicant is now proposing to develop the Beaver Street properties by constructing a 5-storey, mixed-use building. The first floor will contain retail, restaurants and service uses. The second floor will contain medical and/or professional office space. The third, fourth and fifth floors will contain condominium apartments. 2.7 In order to accommodate the proposed building, the existing driveway onto Beaver Street South would be realigned with Emily Street. The new building would then be located north of the new driveway and south of the Massey Building. 2.8 On August 13, 2015, the Applicant submitted the initial part of'their applicatiotn to amend the Clarington Official Plan and the Zoning By-law. 2.9 On August.18, 2015, the Applicant held an information meeting by invitation fer residents of the neighbourhood. Residents had the opportunity to meet and speak with the architect about the project. 2.10 On October 5, 2015, the final documents that were required for the review of -these applications was submitted to the Municipality, and the application was deemed complete. 12-3 Municipality of Clarington Report PSD-054-15 Page 4 Figure 1: Proposed 5-storey, Mixed-Use Building with Revised Parking Lot N KING AVENUE EAST El I Mil I I- I-I I I FOODLAND MASSEY BUILDING F 0 R9 w b6 o: w � -d — ° Proposed 5-Srey — Mixed Useto Building COPA 2015-0004 2.11 Studies Submitted The Municipality has received the following studies and reports in support of these applications: • Planning Rationale Report; • Phase One Environmental Site Assessment; and • Functional Servicing Brief. 3. Land Characteristics and Surrounding Uses 3.1 The land that is proposed to be redeveloped as part of this proposal includes: • 49 and 63 Beaver Street Vacant • 97 and 131 King Avenue East— Massey Building and Foodland supermarket 12-4 Municipality of Clarington Report PSD-054-15 Page 5 3.2 The surrounding uses are as follows: North - King Avenue East and commercial businesses across the street. South - Low density residential homes. East - High-density residential (Parkview retirement residence). West - Beaver Street South and low density residential homes across the street. Figure 2: Proposed 5-storey, Mixed-Use Building Showing Existing Conditions ' i NT LO U. SUBJECTPROPERTY KINGAMENUE EAST UD PRDPDBED DEVELOPMENT 1� ILY ST E © 6&1 o 165 8 A7 M1�O�PA'2015.0004 CUTLER D 4. Provincial Policy 4.1 Provincial Policy Statement The Provincial Policy Statement (PPS) promotes efficient land use and development patterns with the intent of creating.sustainable communities that are home to peoples of all ages. Development is directed to occur within existing settlement areas and to occur in a manner which minimizes land consumption and servicing costs. In order to achieve this objective, opportunities for intensification (redevelopment at a higher density than exists today) will be promoted. 12-5 Municipality of darington Report PSD-054-15 page 6 4.2 The Growth Plan for the Greater Golden Horseshoe The.Growth Plan for the Greater Golden Horseshoe (Growth Plan) promotes the creation of compact, complete communities that are transit-supportive and pedestrian-friendly. Part of the intent of the Growth Plan is to manage growth in a manner that will optimize existing infrastructure and support a strong economy. The first priority of growth shall be to seek to intensify within existing built up areas. The subject property is located within the Provincially-defined "Built Boundary"for the Newcastle Urban Area. The Growth Plan requires that population and employment growth be directed to built-up areas of the community to optimize existing land supply.and better utilize existing municipal services. 5. Official Plans 5.1 Durham Regional Official Plan The Durham Region Official Plan (Regional Plan) designates these lands as "Regional Centre". Regional Centres are intended to provide an array of mixed-uses, including commercial, office and residential uses. The long term density for this area is 75 residential units per gross hectare and a floor space index (FSI) of 2.5. The Regional Plan encourages developments to include high quality design which places pedestrians and connections in close proximity to transit as a top priority.- 5.2 Clarington Official Plan The Clarington Official Plan designation for these lands is as follows: ® 97 and 131 King Avenue East—"Street-Related Commercial"within the Newcastle Village Centre Secondary Plan (Secondary Plan); and ® 49 and 63 Beaver Street South — "Urban Residential". The Street-Related Commercial policies of the Secondary Plan permit all of the commercial and residential uses that are proposed by this application. However, development is currently limited to 4-storeys in height. As a result, this application is seeking to amend the Clarington Official Plan for the following items: ® Expand the Village Centre to incorporate 49 and 63 Beaver Street South; ® Include 49 and 63 Beaver-Street South within the Village Centre Secondary Plan; ® Designate 49 and 63 Beaver Street South as "Street-Related Commercial" in the Village Centre Secondary Plan; and ® Increase the maximum height limit in this location to 5-storeys. 12-6 Municipal of Claring' ton Report PSD-054-15 page 7 5.3 Clarington Official Plan Review Prior to receiving the application, the Municipality released the.proposed changes to the Clarington Official Plan on March 30, 2015. Being aware of this project, staff proposed an expansion of the Village Centre to include 49 and 63 Beaver Street South. During the more than 6 months since the release of the proposed revisions to the Official Plan, no comments have been received regarding the addition of these properties to the Secondary Plan. 6. Zoning By-law 6.1 In conjunction with the proposed amendments to the Clarington Official Plan, itis necessary to amend the zoning for these lands., The Zoning for these lands is as follows: 0 97 King Avenue East (Massey Building) - "General Commercial Exception (C1-25)"; 0 131 King Avenue East (Foodland supermarket) - "General.Commercial Exception (C1754)"; and 0 49 and 63 Beaver Street South - "Urban Residential Type Two (R2)". All of the uses proposed for the 5-storey mixed-use building are already permitted-within the C1-25 (Massey Building) and C1-54 (Foodland supermarket) zones. 7o Summary of Background d Studies 7.1 Planning Rationale Report A Planning Rationale Report (Report)was provided by the applicant in support of the requested amendments. The Report states that the proposed development is: 0 Appropriate in the context of the existing surrounding uses; .- 0 Considerate to the surrounding uses with regard to building facade, siting, massing, setbacks and landscaping; and The density is appropriate for the site and neighbourhood. 7.2 Environmental Site Assessment Following the relocation of the two homes from 49 and 63 Beaver Street South, contaminated fill was brought on-site to fill-in the foundations. This contaminated fill has now been removed and no soil contamination impact is evident today. It is the conclusion of the Environmental Site Assessment that the subject lands do not constitute an environmental concern. 7.3 Functional Servicing Brief It is the conclusion of the Functional Servicing Brief that the existing Municipal and Regional infrastructure are sufficient to service this site. 12-7 Municipality of Claringtton Report PSD-054-15 Page 8 8. Public Notice and Submissions 8.1 Public notice was given by mail to each landowner within 120 metres of the subject site and two public meeting notice signs were installed on the.site (one facing Beaver Street South and one facing King Avenue East). The public notice was also posted on the Municipal website and in the Planning Services electronic newsletter. 8.2 As of the writing of this report, Staff received one inquiry from an area resident. The concerns expressed included the following: © . Noise— From delivery and service vehicles. In particular, the noise from these vehicles as they accelerate out of the site and onto Beaver Street South. . Traffic— Increased vehicle traffic onto Emily Street East. Traffic congestion at King Avenue East and Beaver Street South due to the current bollards. ® Safety— For students travelling to Newcastle Public School at the bottom of Beaver Street South. go Agency Comments 9.1 Regional Municipality of Durham Not yet received. 10o Departmental Comments 10.1 Engineering Services At the rezoning stage Engineering is satisfied that there will be no major traffic, grading, drainage and stormwater management impacts from the proposal. Additional details will be required at the site plan stage to ensure any site specific impacts are dealt with. 10.2 Emergency and Fire Services The Emergency and Fire Services Department has no objection to this application. 10.3 Finance Department The Finance Department has confirmed that the taxes on the subject properties have been paid up-to-date. 11. Comments - v 11.1 The proposed redevelopment will be an intensification project in Downtown Newcastle, It is a form of development encouraged by Provincial, Regional and Municipal policy because of its sustainable use of land and energy as well its contribution to increased housing diversity and-affordability. As a mixed-use project, it provides a range of uses that will enliven the area and support the long term viability of the downtown. 12-8 Municipality of Clarington Report PS®=054-15 Page 9 The details of the project will continue to be thoroughly reviewed and any concerns raised at the Public Meeting, will be considered. Staff will continue to investigate the impacts of the proposed development on neighbouring properties. 12. Conclusion 12.1 Report PSD-054-15 is prepared to provide background information and to solicit -public comments on the proposal submitted by 564069 Ontario Inc.. Staff will continue processing the application which will lead to the preparation of a future recommendation report. 130 Strategic plan Application 13.1 Not applicable, Submitted by: Reviewed by: � k� D b Vi'd,J TCrom- , MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer Staff Contact: Paul Wirch, Planner 11, 905-623-3379, extension 2418, pwirchp_clarington.net Attachments: Attachment 1 —Building Rendering List of interested parties to be notified of Council's decision is on file in the Planning Services Department. ' 12-9 Attachment 1 to Municipality of Clarington Report PS®-054-15 .3 ok— --- -- = ' , 71 j ' View of proposed building facing east I� N i „A r Irs r. �Jl1a1 �1 fiii, �� '�i Ii MUM t- � View of proposed building facing southeast 12-10 Planning Services Public Meeting- Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102. Report To: Planning and Development Committee Date of Meeting: October 26, 2015 Report Number: PSD-055-15 Resolution Number: File Number: COPA2015-0005 and ZBA2015-0015 By-law Number: Report Subject: Applications by Deborah and Oswin Mathias to permit special events, farm tours and meat processing and sales on an agricultural property Recommendations: 1. That Report PSD-055-15 be received; 2. That the proposed applications to amend the Clarington Official Plan and Zoning By-law by Deborah and Oswin Mathias continue to be processed including the preparation of a subsequent report; and 3. That all interested parties listed in Report PSD-055-15 and any delegations be advised of Council's decision. 12-11 Municipality of Clarington Report PSD-055-15 Page 2 Report Overview Clark Consulting Services, on behalf of Deborah and Oswin Mathias, have submitted applications,to amend the Clarington Official Plan and Zoning By-law to permit agri-tourism uses including special events for up to 233 patrons, farm tours and the processing and sale of meat on a 40 acre agricultural property located at 3582 Morgans Road, Clarke. The applicant intends on utilizing three existing farm buildings with no new buildings proposed. 1 . Application Details 1.1. Owner: Deborah and Oswin Mathias 1.2. Applicant: Clark Consulting Services 1.3 Proposal The applicant is proposing to establish farm-related agri-tourism uses as follows:' ® Special events including weddings and family celebrations accommodating up to 233 patrons in a designated outdoor event area ® Processing of meat raised on-site (meat smoking, barbeque, sausage making) and the sale of meat products ® Educational farm tours including sheep shearing, wagon rides and hand feeding Iambs The applicant is proposing to use 3 existing buildings for a meat preparation and sales area, a covered event building and a service building within a designated 1.6 acre area on the 40 acre property. No new buildings are currently proposed. 1.4 Area: 16.2 hectares 1.5 Location: Part Lot 17, Concession 3, Former Township of Clarke 3582 Morgans Road, Clarke 2e Background 2.1 On August 7, 2015, the applicant submitted the above referenced rezoning for an existing agricultural property in the former Township of Clarke. On September 3, 2015, the applicant revised the application to include a Clarington Official Plan Amendment application. 2.2 The property is currently being farmed by the owners Deborah and Oswin Mathias who also reside in the dwelling on the property. The owners have retired from running a previous business and have been registered farmers for the past 8 years. The current agricultural use involves the raising of pasture-based livestock including cattle, hogs, lamb and poultry. 12-12 Municipality of Clarington Report PSD-055-15 Page 3 2.3 The.owners and their consultant met with staff for a pre-consultation meeting in April 2015 to discuss the necessary applications for the proposed use. t - Subject Property a Event _ F Covered Eve ri[Bulging , }r Q - ' Service Bu i- ' >� -'i A . i _ "' 0 j- Parkin Mea � - eat -- • 8 WesP AvnerWHame ', ,r 'at S IWK 41 i - .1� Figure 1: Site Location and Proposed Site Plan 2.4 The following documents were submitted in support of the applications. These reports will be reviewed in the subsequent staff report: A conceptual site plan (Figure 1) ® Planning Justification Report, which.includes an assessment of Sight Distance at the Entrance and a Hydrological Assessment 0 Archaeological Assessment 12-13 Municipality of Clarington Report PS®-055-15 Page 4 2.5 A Site Plan Approval application has not yet been submitted but will be required should the subject applications be approved. 30 Land Characteristics and Surrounding Uses 3.1 The subject lands are 16 hectares (40 acres) in area with approximately 10 hectares (25 acres) being tillable lands that are used for growing hay, pasture and for housing farm animals. The northern portion of the lands include approximately 6 hectares of forested land including the Graham Creek which bisects the northern area of the subject site and is unusable for farming. There is a stocked pond on the east side of the property (see Figure 1). In addition to the single-detached dwelling, there is detached garage, a barn, a fabric coverall building and a small accessory shed (see Figure 2 —4 below). Figure 2: Photograph of subject-lands with barn, looking east towards Morgans Road •9 -•f r Figure 3: Photograph of proposed outdoor event area 12-14 Municipality of clarington Report PSD-055-15 Page 5 s ' u •,v Figure 4: Photograph of existing fabric coverall building proposed for events 3.2 The surrounding uses are as follows: North - Graham Creek and extensive wooded area; existing rural residential dwelling South - Existing agricultural field and rural residential dwellings East .Graham Creek and wooded area; existing rural residential dwelling and an existing auto wrecking facility located approximately 230 metres from the site-on Cowanville Road West - Existing agricultural field 4. Provincial Policy 4.1 Provincial Policy Statement The subject lands are located in the "Rural Areas"which encourages opportunities to support a diversified.rural economy by promoting and protecting agricultural uses and on- farm diversified uses. "On-farm diversified uses" are defined as uses that are secondary-to the principal agricultural use of the property, and are limited in area. On-farm diversified uses include, but are not limited to, home occupations, home industries, agri-tourism uses, and uses that produce value-added agricultural products. "Agri-tourism" means those farm-related tourism uses, including limited accommodation such as bed and breakfast, that promote the enjoyment, education or activities related to the farm operation. 12-15 Munieipitity of Clarington Report PSD7055-15 page 6 4.2 Greenbelt Plan The­subject lands are located within the "Rural Areas" of the Greenbelt Plan. Rural Areas are typically characterized by a mixture.of agricultural lands, natural features and recreational and historic rural land uses. A full range of agricultural, agricultural-related and secondary uses"are supported and permitted in rural areas. Furthermore, rural areas support and provide the primary locations for a range of recreational, tourism, institutional and resource-based commercial/industrial uses. "Secondary Uses" are defined as uses that are secondary to the principle use-of the property; including but not limited to, home occupations, home industries and uses that provide value-added agricultural products from the farm operation on the property. . 5o Official Plans 5.1 Durham Regional Official Plan The Durham Region Official Plan designates the subject lands "Major Open Space Areas" of the "Greenlands System". The predominant use of Major Open Space Areas are for conservation, and a full range of agricultural, agriculturakrolated and secondary uses. The establishment of agri-business may be permitted subject to the policies of the Regional Official Plan. 5.2 Clarington Official Plan The Clarington Official Plan designates the subject lands as General'Agricultural Areas, Environmental Protection Areas and Green Space. General Agricultural Areas are to be used predominantly for farm and farm-related uses. The proposed land uses-are intended to be focused in the areas of the property that are designated as General Agricultural Areas with no land use change is proposed in the Environmental Protection Areas or Green Space. The.policies of the General Agriqultural Area in the current Official Plan allow for farm- related industrial/commercial uses and home industry uses which would permit the meat processing and educational farm tours. However, a special event facility would not be permitted, therefore,-an amendment to the General Agricultural Area policies is required. 6. Z®l Mg'By-law 6.1 Zoning By-law 84-63 zones the subject lands "Agricultural (A)" and "Environmental Protection (EP)". The proposed land use change is intended only.within the portion of the property that is zoned Agricultural. The Agricultural zone permits a single detached dwelling and non-residential uses including a farm. The proposed uses are not permitted therefore an amendment-to the Agricultural zone is required. 12-16 Municipality of Clarington Report PSD-055-15 Page 7 7. Public Notice and Submissions 7.1 Public notice was given by mail to each landowner within 120 metres of the subject lands. The public notices for these applications were mailed on September 18, 2015 and the appropriate signage outlining the applications was installed on.the subject lands along Morgans Road. 7.2 At the time of drafting this report, Staff have received inquiries and comments from five nearby landowners by email, phone and in person. In addition, a petition from 12 nearby residents was received by staff on October 2, 2015 outlining concerns and questions regarding the proposal. Some of the neighbours have reviewed the documents submitted in support of the application. The comments and concerns are summarized below: ® Concern that the processing of meat also involved the butchering of meat ® The potential for overnight camping ® Whether the special event site is intended to be serviced by a septic system with a fully raised tile bed or if the site would be serviced by portable washrooms. If portable washrooms would be used, if this could potentially lead to an increase in the number of guests beyond the 233 maximum proposed by the applicant ® The potential for noise, traffic, light pollution, privacy of neighbours and if the applicant hasgiven thorough consideration to identifying other potential sources of nuisances © What would the Municipality consider and constitutes "excessive traffic" as identified in the Official Plan. ® Clarification in regards to the well survey conducted as part of the Hydrogeological Assessment Report conducted by Geo-logic (June 25, 2015), in particular, the purpose of the well survey and clarification of its final conclusions ® The minimum acreage needed to sustain 25-30 cattle and 30-45 Iambs per year ® How the special events directly relate to agriculture and how the special events are compatible with pasture-based animal husbandry Whether the proposed land uses are in fact secondary to the primary agricultural use and how this is determined and guaranteed if the primary agricultural use ceases • Site security as well as the possibility for public intoxication of guests and its potential impact on neighbouring properties ® Dangerous road conditions and visibility concerns along Morgans Road immediately north of the subject lands and whether any precautionary steps would be taken to ensure the safety of guests who are unfamiliar with the terrain. 12-17 Municipality of Clarington Report PSD-055-15 Page 8 7.3 An agricultural property owner stated that their farmland is used for vegetable growing which requires the significant application of fertilizer, pesticide and herbicide especially in the early morning and evenings. The spreading of the chemicals during their application can be unpredictable due to winds which can create unpleasant odours over the subject lands and be unpleasant for guests should any proposed special event functions be taking place. 8. Agency Comments 8.1 Durham Regional Health Department The Regional Health Department have reviewed the application and requested additional information regarding: The total daily design sewage flow for the property (and.how it was calculated) The private sewage system design (and how it was calculated) ® A site plan indicating the location and design of the sewage system (septic tank and leaching bed), all structures, all surrounding well(s), bodies of water, property lines, etc. All required clearance distances from the above mentioned items and the components of the private sewage system must be indicated. These are items that are typically reviewed at the site plan stage. 8.2 To date comments have not been received from the Durham Regional Planning Department or Ganaraska Region Conservation Authority. 9. Departmental Comments 9.1 Engineering Services Engineering Services has reviewed the application and advised the existing entrance to the subject site does not have adequate stopping sight distance and cannot be utilized as a commercial entrance. The consultant who prepared the Sight Distance Review used an "object height" of an oncoming car of 1.4 metres. The Municipality has always used a more conservative object height of 0.38 metres which generally represents the height of oncoming headlights (as well as the height of tail lights in the event of the need for a sudden stop). A minimum stopping sight distance of 140 metres is required according to Transportation Association Canada Guidelines. The existing entrance has a stopping sight distance of 84 metres. Until such time as the application has been amended to provide an acceptable entrance location, Engineering Services cannot endorse the proposed change in use. Engineering Services also provided a number of comments and conditions related to Site Plan Approval, should the entrance issue be resolved. This includes typical comments regarding site alteration, grading and drainage, on-site parking, boulevard works including entrance construction and securities. 12-18 Municipality of Clarington Report PSD-055-15 page 9 9.2 Building Division The Building Division has reviewed the applications and although they have identified no objection to the principle of the proposal, they have identified a number of significant issues that will need to be addressed at the Site Plan Approval stages should the Official Plan Amendment and the Zoning By-law Amendment be approved, as follows: ® A building permit or a "change of use" permit will be required before the covered event building and the meat preparation and sales building can be used for a use other than an agriculture building. The applicants designer will need to satisfy the requirements of the Ontario Building Code with respect to change of use for both buildings. ® The Municipality of Clarington has a building permit application (08.0020)for a hay storage building that has never been issued and this will have to.be resolved. Records show that the fabric coverall building has been constructed without a building permit and this also must be resolved. o Some of these buildings may be required to be located not less than 3 metres and not more than 15 metres from the fire access route as required in 3.2.5.5 of the Ontario Building Code. The fire access route design shall comply with 3.2.5.6 of the Ontario Building Code. Show all dimensions of the access route (fire route) on the site plan drawing. This would include the turning radius and width of the fire routes. 9.3 The Owner may have to pay the municipal, regional and both school board development charges prior to the issuance of the building permit. . 9.4 Emergency and Fire Services The Emergency and Fire Services Department have no objection to the Official Plan Amendment and Zoning By-law Amendment, however, have identified issues that will need to be addressed at the Site Plan Approval stage. The covered event building may be considered an assembly building which would require an on-site water supply for firefighting. 9.5 Operations Department The Operations Department has no objection with the applications. 9.6 Accessibility Committee The Committee reviewed the submitted. conceptual site plan and has offered preliminary site plan comments related to parking, washrooms and lighting. Should the applications be approved, these site plan comments will be reviewed with the applicant. 10. Discussion 10.1 Thea applicant is proposing to amend the Clarington Official Plan and Zoning By-law to pp p p g g g Y add site specific policies and regulations to permit agri-tourism uses and meat processing and sales on an existing 40 acre agricultural property. The applicant intends on 12-19 Municipality of Clarington Report PS®-055-15 Page 10 submitting a subsequent Site Plan Approval application to address details of site development should the current proposed applications be approved. 10.2 Both Provincial and Regional land use policies have evolved to permit on-farm diversified uses (including.agri-tourism uses) in agricultural areas, provided that the uses are secondary to the principal agricultural use and limited in area. The uses must also be' compatible with the surrounding agricultural area. 10.3 The conversion of the site from strictly an agricultural operation to the public place of assembly raises some challenges with respect to provision of a safe commercial entrance, the conversion of agricultural buildings and the provision of sanitary services, with the related costs for the proposal. 10.4 The applicant has confirmed that the subject proposal does not include the on-site slaughtering or butchering of meat or camping activities. The special events (weddings, family celebrations, etc.) and educational farm tours are proposed to,occur on a seasonal basis during the spring to fall seasons and are to be restricted to a designated area entirely outside of the lands with Environmental Protection zoning. The meals for the special events will include meat that was produced on the farm as well as locally sourced produce. Additionally, the meat processing activities (meat smoking, barbeque, sausage making, and specialty cuts) are meant to be served to guests during special events and farm tours and also sold to customers on a special order basis and does not include the establishment of an on-site retail shop. 10.5 Comments provided by departments, agencies-and the public will continue to be reviewed and addressed by the applicant and their consultants as they are received. 11�. Concurrence Not applicable. 12. Conclusion 12.1 The purpose of this report is to provide background information on the applications and provide opportunity for the public to address Committee with comments related to the applications. Staff will continue processing the application including the preparation of a subsequent report. 13. Strategic Plan Application Not applicable. '12-20 k i Municipality of Clarington Report PSD-055-15 Page 11 � � . Submitted by: ;V � � Reviewed by: � � David J.Crome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer Staff Contact: David Addington, Planner, 905-623-3379 ext. 2419 or daddington(a)-claringtomnet The following is a list of the interested parties to be notified of Council's decision: Robert K. Clark Norma Dumouchel f Deborah Mathias Gordon Werry Oswin Mathias Pamela Werry Philip Ngai Ted Meszaros Steven Weykamp Beth Meszaros Annette Weykamp Vincent Vanstone Lou Speziale Shirley Vanstone Marie Speziale Joe Mendonca Eric Leeuwner DA/C P/av/df r r 12-21 r UNFINISHED BUSINESS l iff r_ Planning Services Public Meeting Report I If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102. Report To: Planning and Development Committee Date of Meeting: October 5, 2015 Report Number: PSD-050-15 Resolution Number: File Number: ZBA 2015-0016 By-law Number: Report Subject: An application by Cowan Buick GMC on behalf of Gerr Holdings Ltd. to permit the Temporary Use of a vacant lot for employee parking I Recommendations: j 1. That Report PSD-050-15 be received; 2. That the Zoning By-law Amendment application submitted by Cowan Buick GMC be r approved and the by-law be adopted as contained in Attachment 2 to Report PSD-050-15; E 3. That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-050-15 and Council's decision; and 4. That all interested parties listed in Report PSD-050-15 and any delegations be advised of Council's decision. i' i' j 14-1 Municipality of Clarington Deport PS®-050-15 page 2 Report Overview Cowan Buick GMC has used the vacant property at 18 Brown Street as an employee parking lot for several years. Clarington Council has twice passed By-laws supporting this temporary use. Cowan Buick GMC has submitted this Rezoning application, on behalf of the property owner (Gerr Holdings Ltd.), to continue the temporary parking lot for an additional three years. The planned use for this property, as described in the Bowmanville East Town Centre Secondary Plan, is that it will inevitably be redeveloped to support a commercial or mixed-use development (commercial with apartments above). The temporary use of the property as a parking lot will not inhibit its future redevelopment. 1. Application Details 1.1 Owner: Gerr Holdings Ltd. 1.2 Applicant: Cowan Buick GMC 1.3 Proposal: To permit the temporary use of a vacant lot for employee parking. 1.4 Area: 1,705 square metres 1.5 Location: 18 Brown Street, Bowmanville 1.6 Within Built Boundary: Yes 2e Background 2.1 In November, 2006, Cowan Pontiac Buick GMC Ltd., on behalf of Gerr Holdings Ltd., submitted a rezoning application on the subject property. The application proposed a temporary parking lot, for a maximum period of three years. The original use of the parking lot was to accommodate the overflow parking needs of the Cowan automotive dealership while they undertook renovations to their building and site. 2.2 A Temporary Use By-law to permit the use of the subject lands as a parking lot was approved in March, 2007, and was valid for a period of three years from the date of the Public Meeting. This By-law expired on January 22, 2010. 2.3 In March, 2010, Cowan Pontiac Buick GMC Ltd., on behalf of Gerr Holdings Limited, submitted a second rezoning application to continue the use of a temporary parking lot on the subject property. 2.4 A second TemporaryUse By-law was approved in May, 2010. This By=law expired in January of 2013. 14-2 Municipality of Clarington Report PSD-050-15 Page 3 2.5 In June of 2015, it came to the attention of the Municipality that Cowan's was continuing to use the subject property as a parking lot. Cowan Buick GMC was advised that the previous Temporary Use By-law had expired and that they must either vacate the property or request another Temporary Use By-law. 3. Land Charactelrisfts and Surrounding Uses 3.1 The subject property is generally flat with trees along the south side of the property and two mature trees near the northwest corner of the property. There are no buildings or structures on the property. For the past eight years the property has been used as a temporary parking lot by the staff of the Cowan Buick GMC automotive dealership. 3.2 The site is located within an established neighbourhood which includes a medium- density residential building to the south, single detached dwellings to the north, a commercial/residential mixed-use plaza to the west and the Cowan Buick GMC automotive dealership to the east. Figure 1: Property Location % I- M SUBJECT PROPERTY *S F # 1.0 if rc r J fft` 4� COWAN BUICK ��t �_.' a , ZBA 2015-0016 14-3 Municipality of Clarington Report PSD-050-15 Page 4 Figure 2: Site Photograph x•. 14 Ell , I. r t . - z 4. Provincial Policy 4.1 The proposed development is not in conflict with the Provincial Policy Statement or the Growth Plan. Temporary use of this property is appropriate until the property can be developed in keeping with the policy framework outlined in the Growth Plan. 5. Official Plans 5.1 Temporary use of the site is not in conflict with the policies of the Durham Region Official Plan or Clarington Official Plan. 5.2 The long-term permanent use of sites located either along King Street or in the immediate area of King Street are intended for commercial, recreational or mixed- use (commercial with apartments above). 14-4 Municipality of Clarington Report PSD-050-15 Page 5 5.3 The extension of the temporary parking lot use for an additional three years will not inhibit the future development of this site in accordance with the policies of the Official Plan. The Official Plan states that temporary uses must not adversely affect local traffic or the natural environment. Temporary uses must have a limited impact on the site such that the use can be removed and the site may be restored to its original condition. 5.4 The Official Plan states that temporary uses shall not generally be permitted to extend beyond a period of ten years. 6. Zoning By-law 6.1 Zoning By-law 84-63 zones the subject lands "General Commercial (Cl)". The "C1" zone permits the operation of commercial parking lots (paid lots available to the public) but not specifically a private parking lot used in conjunction with an automotive dealership (motor vehicle sales establishment). The Applicant requires the approval of a Zoning By-law amendment in order to permit the proposed temporary parking lot. 7. Public Notice and Submissions 7.1 Public notice was given by mail to each landowner within 120 metres of the subject site. A public meeting sign was installed on the property. No inquiries concerning the application were received from the public at the time of the writing of this report. 7.2 There have been ongoing concerns from the neighbour to the north with respect to the use of this property as a parking lot, which is detailed in Section 9.3. 8e Departmental Comments 8.1 Engineering Services The Cla.rington Engineering Services Department has no objection to its continued use as an employee parking lot. 8.2 Finance Department The Finance Department has confirmed that the taxes on this site are current. 14-5 Municipality of Clarington Report PSD-050-15 Page 6 90 Discussion 9.1 Cowan Buick GMC has used the subject property as an employee parking lot for many years. At this time, Cowan Buick GMC continues to require the use of the subject lands for employee parking due to the lack of sufficient off-street parking on their primary site and lack of on-street parking in the area. The Owner (Gerr Holdings Ltd.) has stated that it is not their intent to seek the permanent establishment of a parking lot on this site. 9.2 As noted, the subject property is designated as "Street-Related Commercial" within the Bowmanville East Town Centre Secondary Plan. The long-term use of this property as a surface parking lot would not support the objectives contained in the Secondary Plan. However, until the property owner (Gerr Holdings) is prepared to proceed with the construction of a new building, the temporary parking lot will continue to support the needs of an established downtown business. In the meantime, the Municipality and the public should expect that the property will be maintained in a manner that does not adversely impact the surrounding area. Part of the ongoing maintenance of this property will include the preservation of the existing, mature trees. These trees assist in providing a buffer between the parking lot and the residential neighbours. 9.3 This past summer, the Municipal Law Enforcement Division received complaints regarding: ® The maintenance of the subject property (grass cutting and the need to remove a dead tree); and ® Excessive dust created by people trespassing on the property with recreational vehicles after hours. The property maintenance issues were resolved (the grass was cut and the dead tree was removed) and no additional property standards complaints have since been received. Cowan Buick GMC are aware of the afterhours trespassing on the property and spoke to the individuals involved. This appears to be an isolated incident. They also advised that they are installing video surveillance so that they can monitor activity on the lot. 9.4 In general, the Applicant's responsible use and maintenance of the site over the years support the continued use of the property as a temporary parking lot. 10, Concurrence Not applicable 14-6 Municipality of Clarington Report PSD-050-15 Page 7 11. Conclusion 11.1 The proposed use of the subject property for a temporary parking lot will continue to serve the parking needs of an existing commercial business, for a period not to exceed three years. The temporary parking lot will not inhibit the future development of the subject lands from occurring at any time. 11.2 In consideration of all comments received, it is respectfully recommended that the applications to permit the temporary use of a vacant lot for employee parking be approved. 12. Strategic Plan Application Not applicable Submitted by: � Reviewed by: Da d J. Crome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer Staff Contact: Paul Wirch, Planner II, 905-623-3379 extension 2418 or pwirch ,clarington.net Attachments: Attachment 1 — Proposed Zoning By-law Amendment List of interested parties to be notified of Council's decision is on file in the Planning Services Department, Gerr Holdings Ltd. Cowan Buick GMC Durham Regional Planning Department Municipal Property Assessment Corporation (MPAC) 14_7 i Attachment 1 to Report PS®-050-15 Corporation of the Municipality of Clarington By-law 2015- being a By-law to amend By-law 84763, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA 2015-0016; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 16.5.52 to By-law 84-63, as amended, is hereby further amended by revising the date of expiry from January 22, 2013 to October 13, 2018. 2. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. By-Law passed in open session this day of , 2015 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk 14-8 Clarington Memo Clerk's Department If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. To: Mayor Foster and Members of Council From: June Gallagher, Deputy Clerk Date: October 23, 2015 Subject: Planning & Development Committee Meeting Agenda — October 26, 2015 — Update File: C05.Planning & Development Committee Meeting There are no changes to the Agenda for the Planning and Development Committee meeting to be held on Monday, October 26, 2015. Ve allagher, Deputy Clerk JEG/mc C. F. Wu, Chief Administrative Officer Department Heads Handouts/Circulations Planning & Development Committee Meeting Application By: ltsan Property • Management J4111,1 To permit a 5 -storey, mixed - use building. 49 & 63 Beaver Street South, Newcastle n SUBJECT PROPERTY r, KING AVENUE EAST llx i � h}J15� -Y F{]UDLAND Poii r) w n ILL) PARKVIEW "- l PROPOSED DEVELOPMENT . k 65 i4 s A t�f r A'«IWinter 2011 1 + l � `4- All ^.00 Y s 4 f i � f L_ ' rte/ -- F oleo", • 1St Floor = Retail / Service • 2nd Floor = Medial / Professional Office 3rd - 5t" Floor = Condo. Apartments Yo F cap i's am 7 - "i�w • 5 7T t I Mow-17 { - lb .Y V - " Of .. . � I�1 k i Yo F cap i's am 7 - "i�w r.. • 5 7T t I Mow-17 { - lb .Y V - " Of i Ilk ME, 1� r r NOTICE Noise • Noise . . PROPOSED OFFICIAL PLAN AMENDMENT & REZONING 564069 ONTARIO HAS SUBMITTED AN APPLICATION FOR A PROPOSED OFFICIAL PLAN &ZONING BY-LAW TO PERMIT • Traff icA 5 STOREY, MIXED USE BUILDING: -GROUND FLOOR - RETAIL & SERVICE -SECOND FLOOR - OFFICE -THIRD, FORTH & FIFTH FLOOR - T 30 CONDOMINIUM APARTMENTS (8 ONE BEDROOM, 22 TWO BEDROOM) Safet FILES;COPA 2015.0004&ZBA 2009.003 • For further IhfOrmat1On rMuwKIPALm OF Ei�..;,luu-` TON NOTICE OF Please contact the PUBLIC MEETING Municipality of AP ELIC wEFTING IN RES EOT TO THE [ONINO BN,EAW AMENDMENT AND Claringion Planning OFFICigNAPEpLL BEAMEN ELOOMENT 3e'Ices Department I DATE MONp{T OCTOBER 1&D NI,S F1ME:i 00 pM at 905-623-3379 `E­ni AONIpsRPER CENTRE ap 'LAO R�MµYIL4E,ONTARq Staff v4 .1 r�II n SUBJECT PROPERTY r, KING AVENUE EAST llx i � h}J15� -Y F{]UDLAND Poii r) w n ILL) PARKVIEW "- l PROPOSED DEVELOPMENT . k 65 i4 s A PUBLIC MEETING Application by. Deborah and Oswin Mathias�111111111111, To permi'Ldspecial even s, farm tours and meat processing and sales on an agricultural property 3582 Morgans Road, Clark I N SUBJECT PROPERTY sir- s i� It i o Outdoor i 4 Event Area'" Covered Event BuildingLI CI Serdice Buid � f z SIC--ked Pond Parking Area Pasture !__- _ -- /� -' -Pp f ,� - En- A" leat SalePre `iOwner's Home y 3393 i I zsAzo'i's-boss Backgroundand C V3862 •-:�- -, -:r r... ? p � p• z ,fix -r { 1 Cpl.. r77i = ^ xi Subject Site Rural � o Residential Dwelling _ 3334 l 3320 -..'A . Aut •Wrecking Facility `: 330 3303 / I• �._, o � c ra mewor on � n Provincial Policy Statement Durham Region Official Plan Greenbelt Plan Clarington Official Zon By-law 84-63 � �'S+iF-y �- - _ - w'.�� I'• a J' _ — *17 i a �= S .-, - 4 - •: -., _ � i.t�� ', iii` +]�.Y .•Y �S r i , Y � .r larinc Public - At, • Engineering Five inquiries f from nearb • Operations Y FY d landowners • Planning & petition • Emergency & Fire Services • Accessibility Committee Agency • Ganaraska Region Conservation Authority • Durham Region Planning Department Health Department N SUBJECT PROPERTY fi. y N t 354`t i Q I O'UtdOOf Y � I - EVenY � L 1 Areal co ' covered Event BRIM < Service Building .Parking Area I - Pastu re -Meat Prep &Sales v C3wner's Home /Garage�� ! 2BA 2015-0015 Please share with us how a wedding is compatible with pasture-based animal husbandry? How is a large-scale car—dependent commercial activity with no close facilities for over-night stays a viable Agriculture practise? Eliopoulos OMB decision made on Jan. 27, 2014:Township of King file#Z2011-03 OMB case#PL130137 OMB file#PL130138 statement#19 determined that"a wedding is a celebration of life where 2 people commit to each other by taking vows. It is not considered recreational" Economic benefit we do not see that there is one to the local economy or taxpayers in Clarington. What is considered excessive traffic? Where will the over flow traffic be parked? What you consider other nuisances? Who will be responsible for enforcing the noise bylaw? Where are all the cattle, ewes and Iambs that are being raised on Graham Creek Farm in 2015? How many parties will be allowed each year? Will this be written into a permit? Who will be responsible for enforcing this number? Agricultural Advisory committee be asked to formulate a definition of Agri-tourism. - look at the primary agricultural practises and what secondary Agri-tourism businesses fit together appropriately. Please correct the wording of the statement in the proposal " Processing of meat raised on- site and the retail sales of meat products". Does the applicant intend on bringing in food from an off farm source? Given the limited acreage at Graham Creek Farm we ask where the pasture for the pasture fed animals at this time is ? How is the owner showing to Clarington evidence of Farm Property class under the Assessment Act? We would ask the council not recommend amending the current Official plan and not rezone this parcel of property for the purpose of wedding/family celebrations.