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HomeMy WebLinkAbout2015-10-26 Planning and Development Committee Minutes October 26, 2015 Minutes of a meeting of the Planning and Development Committee held on Monday, October 26, 2015 at 7:00 PM in the Council Chambers. Present Were: Mayor A. Foster, Councillor S. Cooke, Councillor R. Hooper, Councillor J. Neal, Councillor W. Partner, Councillor C. Traill, Councillor W. Woo Staff Present: D. Crome, J. Gallagher, M. Chambers 1 Call to Order Councillor Woo called the meeting to order at 7:00 PM. 2 New Business – Introduction Councillor Neal added two new business items, regarding the Energy From Waste, to the New Business – Consideration section of the Agenda. 3 Adopt the Agenda Resolution #PD-046-15 Moved by Councillor Neal, seconded by Councillor Cooke That the Agenda for the Planning and Development Committee meeting of October 26, 2015 be adopted as presented, with two items regarding the Energy From Waste Facility being added to the “New Business – Consideration” section of the Agenda: 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-047-15 Moved by Mayor Foster, seconded by Councillor Hooper That the minutes of the regular meeting of the Planning and Development Committee, held on October 5, 2015, be approved. Carried - 1 - Planning and Development Committee Minutes October 26, 2015 7 Public Meetings 7.1 Application for an Official Plan and Zoning By-law Amendment Applicant: 564069 Ontario Limited Report: PSD-054-15 Paul Wirch, Planner, made a verbal and electronic presentation to the Committee regarding the application. James Coburn, local resident, spoke in opposition to the application. Mr. Coburn advised the Committee that he is concerned with the height of this building. He explained that his property is directly to the south of the proposed building. Mr. Coburn concluded by noting that he is concerned with the driveway being located next to his property, delivery vehicles, and the value of his home decreasing. Jennifer Lemery, local resident, spoke in opposition to the application. Ms. Lemery explained to the Committee that she feels the development is too large for downtown Newcastle. She added that she is concerned that this building is too modern to be located in Newcastle and should not be located next to the historic Massey building. Ruth Knight, local resident, spoke in opposition to the application. Ms. Knight explained that she is not opposed to progress or development in Newcastle. She noted that she believes the history of Newcastle is being compromised with this new development. Ms. Knight continued by explaining that, with recent developments in Newcastle, the traffic has significantly increased. She added that this involves an increase in car, truck, and transport traffic in the area. Ms. Knight noted that she attended the public information meeting and this increased her concerns as she learned that the truck traffic will be entering from Beaver Street and not King Avenue. She added that she is also concerned with the values of the properties in this area decreasing as a result of the development. Ms. Knight concluded by asking that the trucks not be permitted to use the proposed Beaver Street entrance and is asking for the interests of the surrounding residents to be taken into account when considering this development. Victor Suppan, local resident and member of the Clarington Heritage Committee, spoke in opposition to the application. He explained that he feels this application is in violation of many of the guidelines of the Newcastle Village Centre Urban Design Guidelines. Mr. Suppan added that he feels that this application is higher than the maximum height requirement of three storeys as set out in the guidelines and the surrounding buildings are a maximum of two or three storeys. He feels that this building will shadow the surrounding buildings, specifically the Massey Building. Mr. Suppan concluded by asking for the building to be redesigned and the guidelines to be taken into consideration. - 2 - Planning and Development Committee Minutes October 26, 2015 Michael Fry, D.G. Biddle and Associates, spoke on behalf of the applicant. Mr. Fry thanked staff for processing the application. He explained that they are asking for an Official Plan amendment to allow for the five storey building as the Newcastle Village Secondary Plan allow for a maximum of three storeys. He added that they are also asking for an amendment to permit a mixed-use. Mr. Fry continued by explaining that a great deal of work has been put into this property and the applicant has put a great deal of effort into maintaining the integrity and history of the area. He added that the applicant is willing to work with the residents to address their concerns and ensure that this development conforms to the appropriate guidelines. Mr. Fry concluded by stating that they will take back the comments of the residents, make some adjustments to the site plan, and that they look forward to the Zoning By-law Amendment being able to move forward. Mr. Fry advised the Committee that he and Nick Swerdfeger, the architect for the project, are available to answer any questions. 7.2 Application for an Official Plan and Zoning By-law Amendment Applicant: Deborah & Oswin Mathias Report: PSD-055-15 David Addington, Planner, made a verbal and electronic presentation to the Committee regarding the application. Beth Meszaros, local resident, spoke in opposition to the application. Ms. Meszaros explained to the Committee that she is not in favour of the property being used as a special event venue. She referred to a handout that was provided to members of Committee prior to the meeting. She outlined her concerns to the Committee which included increased traffic, parking concerns, increased noise, and how the events will be policed. Ms. Meszaros added that she believes this type of operation will take business away from existing special event venues in the Municipality. She also noted that the rural roads will not be able to handle the increased traffic and there will not be adequate parking available on site for venues of over 200 people. Ms. Meszaros questioned whether or not farming on this property is the primary use and who will be responsible for ensuring that farming continues as a primary use in the future. She asked if there will be permits issues for these events and who will be responsible for enforcement. Ms. Meszaros noted that she is also concerned that this property is in a greenbelt and therefore there are greater restrictions for these properties. Ms. Meszaros requested that a definition of agri-tourism be created. She concluded by asking that the property not be rezoned as it does not comply with the Official Plan. Gord Werry, local resident, spoke in opposition to the application. Mr. Werry noted that the original application stated that the septic system would be used and the subsequent applications indicated outhouses. He questioned the survey performed on the wells in the area and noted that of the eight wells requested to be surveyed, only five responded. Mr. Werry noted that the reports that were used dated back to 1995 and that the Meszaros well has been capped for a number of years. He asked if overnight camping will be permitted and who will be responsible for the security of these events. Mr. Werry - 3 - Planning and Development Committee Minutes October 26, 2015 noted his additional concerns including traffic, emergency response, impaired driving, trespassing on neighbouring, increased noise, and light pollution. He concluded by stating he would like this neighbourhood to remain quiet and have a small town feel. Mr. Werry requested that this application not proceed and, if it does proceed, that a report be sent to the Ministry of Affairs and Housing and the Ministry of Agriculture, Food and Rural Affairs (OMAFRA). Steve Weykamp, local resident, submitted a petition to the Committee containing the 44 signatures of residents in the area. Mr. Weykamp noted the main concern of the residents is the increase noise in the area. Annette Weykamp, local resident, spoke in opposition to the application. Ms. Weykamp explained to the Committee that she was raised on a farm and has experience in beef farming. She advised that Committee that she is concerned that this farm is not operating with the farming business being primary use. Ms. Weykamp added that, currently a pasture based livestock operation is not viable, and she reviewed the size of farm and number of livestock needed to support this. She reviewed the current practices for processing, storage, and requirements to support grass fed livestock. Ms. Weykamp highlighted the costs associated with raising, processing, and selling of livestock. Ms. Weykamp reviewed the draft definition of agritourism by Ministry of Agriculture, Food and Rural Affairs (OMAFRA) and the permitted secondary uses. She questions the use of space in the justification report and noted that OMAFRA recommends that a maximum 2% of an agricultural property should be used for a secondary use whereas the proposal has 4%. Ms. Weykamp added that, in this application, 50% of the property will be for a secondary use. Ms. Weykamp concluded by advising the Committee that she agrees with supporting agricultural businesses, educating the public on farming practices, the work involved, and appreciates the need for a secondary use of a hobby farm. She added that she is concerned with the increased noise, traffic, parking, and the general interests of the neighbours need to be protected. Pat Gard, local resident, spoke in opposition to the application. Ms. Gard shares the same concerns as the previous applications. She explained she is specifically concerned with noise resulting from the weddings and special events. Eric Leeuwner, local resident, spoke in opposition to the application. Mr. Leeuwner noted that he lives directly east of the subject property. He explained to the Committee that he does not want lights installed on the street as it is a rural area. Mr. Leeuwner added that he is concerned with the wildlife and the existing trees in the area being disrupted. He concluded by advising the Committee that he was concerned with the possibility of the animals being processed at this farm, the size and the noise increase during these events. Mary-Ann Muizelaar, local resident, spoke in opposition to the application. Ms. Muizelaar advised the Committee that she has a farming background. She added the farming is not a lucrative business, however weddings and special events are a lucrative business. Ms. Muizelaar explained that she feels the applicants are very intelligent - 4 - Planning and Development Committee Minutes October 26, 2015 business people and not farmers but they do know enough to make the equation work. She concluded by advising the Committee she is opposed to weddings and special events, she is concerned with noise, one entrance into the property, and that the primary business needs to remain agricultural. Ms. Muizelaar asked who will be responsible for ensuring that the primary business remains agricultural. Rommel Singh Mann, local resident, spoke in opposition to the application. Mr. Singh advised the Committee that he had recently built a home on Morgans Road. He continued by explaining that he recently relocated from the city to a rural area and is opposed to an event venue being operated in this area. Mr. Singh Mann added that he feels this is not an appropriate agricultural function and stated that this is a greenbelt area. He continued by explaining that he is an environmental science teacher and he teaches his students to protect these areas of land and agricultural areas. Mr. Singh Mann advised that he is concerned with the safety and security of these events. He added that he is concerned with the provision of processing meats and the regulations regarding processing meat at this facility. Mr. Singh Mann concluded ask by asking that the application not be approved. Bob Clark, Clark Consulting Services, was present on behalf of the applicant. Mr. Clark advised the Committee that the applicant intends to continue the farming business and that this will be a pasture based husbandry. He added that the property is on Graham Creek and recreational uses are permitted. Mr. Clark explained that they have consulted with the neighbours, the appropriate Ministries, and have hired consultants for various environmental screening and site line reviews. He added the necessary hydrogeological assessment has been done and he highlighted these studies. Mr. Clark acknowledged that the records are dated, the labelling needs to be redone on the maps and the site plan needs additional changes. He continued by noting this application is compatible for this area and it is not considered to be prime agricultural land. Mr. Clark advised the Committee that the access to the site, parking requirements and noise will be addressed. He concluded by stating that he believes the applicant will have the opportunity to share a rural experience with the public as a result of this application and that is will be far enough away from the neighbouring properties to not cause a disturbance. Mr. Clark advised the Committee he was available to answer questions. Deborah Mathias, applicant, responded to questions from the previous delegations. Ms. Mathias explained that the soybean are not a cash crop but are part of their crop rotation. She explained that they intend to use the meat from their farm at these events. Ms. Mathias noted that she has been certified with the Wedding Planners Institute of Canada. She continued by adding that they want to protect the area and they intend to have the maximum number of animals that can be sustained at one time. Ms. Mathias concluded by adding they intend to incorporate their own meats and local produce at their events. - 5 - Planning and Development Committee Minutes October 26, 2015 Recess Resolution #PD-048-15 Moved by Councillor Partner, seconded by Mayor Foster That the Committee recess for 10 minutes. Carried The meeting reconvened at 9:54 PM. 8 Delegations There are no Delegations scheduled for this meeting. 9 Communications - Receive for Information There are no Communications to be received for information. 10 Communications – Direction There are no Communications to be received for direction. 11 Planning Services Department Reports 11.1 PSD-054-15 An Application by 564069 Ontario Inc.to Construct a 5-Storey, Mixed-Use Building on Beaver Street, Newcastle Resolution #PD-049-15 Moved by Councillor Partner, seconded by Councillor Traill That Report PSD-054-15 be received; 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; 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 That all interested parties listed in Report PSD-054-15 and any delegations be advised of Council’s decision. Carried - 6 - Planning and Development Committee Minutes October 26, 2015 11.2 PSD-055-15 Applications by Deborah and Oswin Mathias to Permit Special Events, Farm Tours and Meat Processing and Sales on an Agricultural Property Resolution #PD-050-15 Moved by Councillor Partner, seconded by Mayor Foster That Report PSD-055-15 be received; 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 That all interested parties listed in Report PSD-055-15 and any delegations be advised of Council’s decision. Carried as Amended (See following motion) Resolution #PD-051-15 Moved by Councillor Partner, seconded by Councillor Traill That the foregoing Resolution #PD-050-15 be amended by adding the following after paragraph two: “That the Clarington Agricultural Committee be asked to recommend a definition of agri-tourism and look at the primary agricultural practices and what secondary agri-tourism businesses fit together appropriately in Clarington.” Carried The foregoing Resolution #PD-050-15 was then put to a vote and carried as amended. 12 New Business – Consideration 12.1 Energy From Waste Resolution #PD-052-15 Moved by Councillor Neal, seconded by Councillor Partner That the Municipality send the Region a letter, copied to the Ministry of the Environment and Climate Change (MOECC), requesting the following: a) That Clarington staff, Mayor and Members of Council be copied with any correspondence with respect to the current and further acceptance testing, and be advised as soon as practicable and copied with any correspondence sent to the MOECC pursuant to Section 4.5 of the Air Emissions Monitoring Plan; and - 7 - Planning and Development Committee Minutes October 26, 2015 b) That the Region advise Clarington as to the status of the long term dioxin and furan monitoring system, which was to be in operation six months prior to the Commencement Date, pursuant to Section 7.3.a of the ECA and Section 5.7 of the Air Emissions Monitoring Plan. Carried 12.2 Energy From Waste– Cap and Trade Regulations Resolution #PD-053-15 Moved by Councillor Neal, seconded by Councillor Partner That the Municipality of Clarington send a letter to the Ministry of the Environment and Climate Change, copied to the Region, that the Municipality does not agree with exempting the Energy From Waste facility from provincial cap and trade regulations. Motion Referred (See following motion) Resolution #PD-054-15 Moved by Councillor Partner, seconded by Councillor Traill That Resolution #PD-053-15 be referred to the Municipal Solicitor. Carried 13 Unfinished Business 13.1 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 \[Tabled from the October 5, 2105 Planning and Development Committee Meeting\] Resolution #PD-055-15 Moved by Councillor Hooper, seconded by Councillor Neal That Report PSD-050-15 be lifted from the table. Carried Resolution #PD-056-15 Moved by Councillor Hooper, seconded by Councillor Cooke That Report PSD-050-15 be received; That the Zoning By-law Amendment application submitted by Cowan Buick GMC be approved and the by-law be adopted as contained in Attachment 2 to Report PSD-050-15; - 8 - Clarbgton Planning and Development Committee Minutes October 26, 2015 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 That all interested parties listed in Report PSD-050-15 and any delegations be advised of Council's decision. Carried 14 Confidential Reports 14.1 PSD-056-15 1679 Highway 2, Courtice — Civic Centre Acquisition Resolution #PD-057-15 Moved by Mayor Foster, seconded by Councillor Cooke That the recommendations contained in Confidential Report PSD-056-15 regarding 1679 Highway 2, Courtice — Civic Centre Acquisition, be approved. Carried 15 Adjournment Resolution #PD-058-15 Moved by Councillor Partner, seconded by Councillor Traill That the meeting ad7,J n at 10:44 PM. Carried j ZZ- a 0 Chair Deputy Clerk - 9 -