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HomeMy WebLinkAbout2015-12-07 Planning and Development Committee Minutes December 7, 2015 Minutes of a meeting of the Planning and Development Committee held on Monday, December 7, 2015 at 7:00 PM in the Council Chambers. Present Were: Mayor A. Foster, Councillor S. Cooke, Councillor R. Hooper, Councillor J. Neal, Councillor W. Partner, Councillor W. Woo Regrets: Councillor C. Traill Staff Present: D. Crome, J. Gallagher, M. Chambers 1 Call to Order Councillor Woo called the meeting to order at 7:00 PM. 2 New Business – Introduction Councillor Neal added a new business item, regarding the water in the shallow wells near the Clarington Hydro One Transformer station, be added to the New Business – Consideration section of the Agenda. Councillor Partner added a new business item, regarding identifying the names of the “lost” hamlets in the Municipality, be added to the New Business – Consideration section of the Agenda. 3 Adopt the Agenda Resolution #PD-069-15 Moved by Councillor Hooper, seconded by Councillor Neal That the Agenda for the Planning and Development Committee meeting December 7, 2015 be adopted with the following item being added to the “New Business – Consideration” section of the Agenda:  Water in the shallow wells near the Clarington Hydro One Transformer station  Identifying the names of the “lost” hamlets in the Municipality 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. - 1 - Planning and Development Committee Minutes December 7, 2015 6 Adoption of Minutes of Previous Meeting Resolution #PD-070-15 Moved by Councillor Cooke, seconded by Councillor Partner That the minutes of the regular meeting of the Planning and Development Committee, held on November 16, 2015, be approved. Carried 7 Public Meetings 7.1 Application for a Proposed Zoning By-law Amendment Applicant: H & H Building Corporation and LDB Holdings Ltd. Report: PSD-059-15 Brandon Weiler, Planner, made a verbal and electronic presentation to the Committee regarding the application. Lynn Weatherbee, local resident, spoke in opposition to the application. Ms. Weatherbee explained that her property is located next to the service corridor. She continued by noting that there is currently a temporary fence and asked for a permanent fence to be built to prevent people from walking onto her property while using the service corridor. Heidi Stephenson, spoke on behalf of the builder. Ms. Stephenson addressed the question on fencing and explained that currently they are complying with all municipal fencing regulations. 8 Delegations 8.1 John Passalacqua, Regarding Addendum 2 to Report PSD-045-15, Application by Zemer Holdings Ltd. to Rezone Lands to Permit an Apartment Building at 50 Martin Road in Bowmanville John Passalacqua, Zemer Holdings, was present regarding Addendum 2 to Report PSD-045-15, Application by Zemer Holdings Ltd. to Rezone Lands to Permit an Apartment Building at 50 Martin Road in Bowmanville. He made a verbal presentation to accompany an electronic presentation. Mr. Passalacqua noted that, after a meeting with the Region of Durham, the Municipality and the developer, he feels comfortable with the report and that all parties involved are now on the same page. He continued by advising the Committee he is in agreement with recommendations of Addendum to Report PSD-045-15 with the exception of 4 b). Mr. Passalacqua asked for this condition to be reworded. He added that this project has been a “moving target” with new issues constantly developing. Mr. Passalacqua added the Environmental Assessment is underway and it is difficult to continue to use resources towards a constantly changing - 2 - Planning and Development Committee Minutes December 7, 2015 project. He advised that they are looking to proceed immediately and in order to do this the zoning needs to be amended before the Site Plan Application. Mr. Passalacqua read a letter he received from the lender for the project who requested that the zoning to be approved first to accelerate the process. He concluded by stating that they are looking to proceed with the project with the changes to 4 b) and the remaining matters can be addressed at the site plan stage. 8.2 Michael Fry, DG Biddle & Associates & Nick Swerdfeger, N. Swerdfeger Architects Inc., Regarding Report PSD-061-15, An Application by 564069 Ontario Inc. to Construct a 5-Storey, Mixed-Use Building on Beaver Street South, Newcastle Michael Fry, D.G. Biddle and Associates & Nick Swerdfeger, N. Swerdfeger Architects Inc. were present regarding Report PSD-061-15, An Application by 564069 Ontario Inc. to Construct a 5-Storey, Mixed-Use Building on Beaver Street South, Newcastle. They made a verbal presentation to accompany an electronic presentation. Mr. Fry thanked staff for the report and provided an overview of the application. He reviewed the location of property, surrounding area, and the size of the subject properties. Mr. Fry explained that the Official Plan Designation of the property is Village Centre and Urban Residential and the zoning is Convenience Commercial Zone A. He continued by highlighting the site proposal including a map of an excerpt of the site plan. Mr. Fry explained that they have relocated the vehicular access and there is a proposed underground parking garage. He provided an overview of the planning context which included the Region of Durham’s Official Plan, Municipality of Clarington’s Official Plan, and the Former Town of Newcastle By-law 84-63. Mr. Fry concluded by summarizing the required approvals for the proposed development. Mr. Swerdfeger highlighted the planning and architectural justification for the project. He noted that, following the public meeting, a Justification Report was requested and this has been included in the Report PSD-061-15. Mr. Swerdfeger reviewed the proposed setback that they will be maintaining and added the sun shadow studies show that there are no impacts to the neighbouring properties at the prevalent times of day. He added that a proposed solution for the setbacks is to use a landscaping technique to assist with privacy. Mr. Swerdfeger continued by explaining that the privacy issues are addressed by not having external balconies and the roof amenity space will have further setbacks. He noted that they feel the upper floor setbacks on Beaver Street are not necessary and will cause further issues. Mr. Swerdfeger concluded by reviewing the symmetrical balance, materiality, and some photos of the proposed development’s design. 8.3 Myno Van Dyke, Chair, Newcastle Village Community Improvement Plan Liaison Group, Regarding Report PSD-061-15, An Application by 564069 Ontario Inc. to Construct a 5-Storey, Mixed-Use Building on Beaver Street South, Newcastle Myno Van Dyke, Chair, Newcastle Village Community Improvement Plan Liaison Group was present regarding Report PSD-061-15, An Application by 564069 Ontario Inc. to Construct a 5-Storey, Mixed-Use Building on Beaver Street South, Newcastle. He made - 3 - Planning and Development Committee Minutes December 7, 2015 a verbal presentation to accompany a handout. Mr. Van Dyke advised the Committee that the members of the Newcastle Village Community Improvement Plan Liaison Group support this project. He provided a history of the development of the properties in the area, which included “The Massey Plan”. Mr. Van Dyke reviewed the Growth Plan for the Greater Golden Horseshoe that was released in 2006 and focused on revitalizing downtowns to become vibrant and convenient centres. He added that the Massey family had the same plan 165 years ago and believes that this type of project should be completed in the year 2015. Mr. Van Dyke concluded by noting that the Gyaltsan family have developed quality projects in Newcastle and are an active member of the community. He added that the Newcastle Village Community Improvement Plan fully supports this project. 8.4 Norm Gyaltsan, Gyaltsan Property Management Inc., Regarding Report PSD-061-15, An Application by 564069 Ontario Inc. to Construct a 5-Storey, Mixed-Use Building on Beaver Street South, Newcastle Norm Gyaltsan, Gyaltsan Property Management, was present regarding Report PSD-061-15, An Application by 564069 Ontario Inc. to Construct a 5-Storey, Mixed-Use Building on Beaver Street South, Newcastle. He made a verbal presentation to accompany a handout. Mr. Gyaltsan thanked the Committee and reviewed the correspondence that was submitted prior to the meeting. He advised the Committee that they are satisfied with the recommendations in the Staff report, however they are concerned with items 6.16, 6.17, and Figure 2 (Step Back Diagram). He reviewed the reasons for objecting to these items which included: no direct benefit to the neighbour to the west, creation of the terrace will result in less privacy, destroying the architectural quality, and an increase in construction costs. Mr. Gyaltsan concluded by explaining that this project will assist with the viability of Newcastle and asked that the proposed three metre step back be deleted. 9 Communications - Receive for Information 9.1 Rooly Georgopoulos, Senior Project Manager, Stantec Consulting Inc. – Enbridge Gas Distribution Inc. – Proposed Pipelines to Serve the Communities of Fenelon Falls and Bobcaygeon – Notice of Project Change and Information Sessions 9.2 Dolly Goyette, Director, Central Region, Ministry of the Environment and Climate Change – Response to Resolution #PD-031-15 Regarding Environmental Assessment Conditions and the Permit to Take Water for Hydro One’s Clarington Transformer Station 9.3 Brad Bowness, Vice President, Construction Services, Hydro One – Follow Up to the Ministry of the Environment and Climate Change’s Response, Dated November 27, 2015, to the Municipality of Clarington’s October 14, 2015, Resolution #PD-031-15 - 4 - Planning and Development Committee Minutes December 7, 2015 Resolution #PD-071-15 Moved by Mayor Foster, seconded by Councillor Hooper That the Communication Items 9.1 to 9.3 be received for information, with the exception of Correspondence Item 9.3. Carried Resolution #PD-072-15 Moved by Mayor Neal, seconded by Councillor Cooke That the Communication Item 9.3 from Hydro One regarding a Follow Up to the Ministry of the Environment and Climate Change’s Response, Dated November 27, 2015, to the Municipality of Clarington’s October 14, 2015, Resolution #PD-031-15, be received for information. Carried Recess Resolution #PD-073-15 Moved by Mayor Foster, seconded by Councillor Partner That the Committee recess for 10 minutes. Carried The meeting reconvened at 8:27 PM. The foregoing Resolution #PD-072-15 was then put to a vote and carried. 10 Communications – Direction 10.1 Kirk Kemp – Request for Street Naming Resolution #PD-074-15 Moved by Councillor Partner, seconded by Councillor Hooper That Communication Item 10.1 from Kirk Kemp regarding a request for a street naming, be referred to Staff and the two names be added to the municipal street log. Carried - 5 - Planning and Development Committee Minutes December 7, 2015 10.2 Gyaltsan Property Management – Correspondence Regarding Report PSD-061-15, An Application by 564069 Ontario Inc. to Construct a 5-Storey, Mixed-Use Building on Beaver Street South, Newcastle Resolution #PD-075-15 Moved by Councillor Neal, seconded by Mayor Foster That Communication Item 10.2 from Gyaltsan Property Management, regarding Report PSD-061-15, be referred to the consideration of Report PSD-061-15, An Application by 564069 Ontario Inc. to Construct a 5-Storey, Mixed-Use Building on Beaver Street South, Newcastle. Carried 11 Presentations 11.1 Lorelei Jones, Principal, Macaulay Shiomi Howson Ltd. and Amy Burke, Senior Planner – Special Projects, Municipality of Clarington, Regarding Report PSD-060-15, Priority Green Clarington Green Development Framework and Implementation Plan Lorelei Jones, Principal, Macaulay Shiomi Howson Ltd. and Amy Burke, Senior Planner – Special Projects, Municipality of Clarington, were present regarding Report PSD-060-15, Priority Green Clarington Green Development Framework and Implementation Plan. They made a verbal presentation to accompany an electronic presentation. Ms. Burke provided an overview of the Priority Green Clarington Development Framework and Implementation Plan and reviewed the following:  Background and Drivers  The Vision for the Plan  The Approach and the Green Development Framework  Partners, Supporters and the Collaboration of Stakeholders  What Have We Heard and Key Messages Ms. Jones continued by providing an overview of the following:  Background  Lessons Learned  Regional Harmonization  Policy Framework  Criteria for the Plan  Expediting Approvals  Recommendations for Expediting Approvals  Other Incentives Reviewed  Other Potential Incentives for Further Review  Implementation - 6 - Planning and Development Committee Minutes December 7, 2015 Ms. Burke concluded by summarizing the next steps for the implementation of the plan and advised that they are available to answer any questions from the Committee. 12 Planning Services Department Reports 12.1 PSD-059-15 Rezoning Applications to Permit 5 Single Detached Dwellings and 1 Linked Dwelling on Holyrod Drive in Courtice Resolution #PD-076-15 Moved by Councillor Neal, seconded by Councillor Cooke That Report PSD-059-15 be received; That the proposed applications to amend Zoning By-law 84-63 by H & H Building Corporation (Valleymore Land Corp.) and LDB Holdings Ltd. continue to be processed including the preparation of a subsequent report, and That all interested parties listed in Report PSD-059-15 and any delegations be advised of Council’s decision. Carried 12.2 PSD-060-15 An Application Priority Green Clarington Green Development Framework and Implementation Plan Resolution #PD-077-15 Moved by Councillor Hooper, seconded by Mayor Foster That Report PSD-060-15 be received; That Council endorse the green development framework described within the Priority Green Clarington: Green Development Framework and Implementation Plan (Attachment 1 to Report PSD-060-15); That Council authorize Staff to submit Attachment 1 and the related supporting studies to the Federation of Canadian Municipalities in accordance with the final report requirements of our Green Municipal Fund Grant Agreement; That Council authorize Staff to implement the 2016-2017 action plan contained in this report (Attachment 1, Section 7); That Council authorize Staff to apply for funding opportunities to support the action plan items, where identified; and That all interested parties listed in Report PSD-060-15 and any delegations be advised of Council's decision. Carried - 7 - Planning and Development Committee Minutes December 7, 2015 12.3 PSD-061-15 An Application by 564069 Ontario Inc. to Construct a 5- Storey, Mixed-Use Building on Beaver Street South, Newcastle Resolution #PD-078-15 Moved by Councillor Partner, seconded by Mayor Foster That Report PSD-061-15 be received; That Amendment 105 to the Clarington Official Plan, including amendments to the Newcastle Village Centre Secondary Plan, be approved to permit the development of a 5-storey, mixed-use building, as contained in Attachment 1 to Report PSD-061-15, and the By-law adopting the Official Plan Amendment be passed; That the Zoning By-law Amendment application to permit the development of a 5-storey mixed-use building, be approved as contained in Attachment 2 of Report PSD-061-15, with a revision to Table 16A.2 to delete the line on page 4 of the proposed by-law regarding the setback of the primary building façade above the third storey; That the Newcastle Village Urban Design Guidelines be amended as applicable, including amendments to Maps 1 through 7, to include 49 and 63 Beaver Street South within the Historic Downtown District; That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-061-15 and Council’s decision; and That all interested parties listed in Report PSD-061-15 and any delegations be advised of Council’s decision. Carried 13 New Business – Consideration 13.1 Clarington Hydro One Transformer Station Resolution #PD-079-15 Moved by Councillor Neal, seconded by Councillor Partner That Staff request a report from Steve Usher, SLR Consulting, to obtain his opinion for the reason for the contamination of the shallow wells near the Clarington Hydro One Transformer Station. Motion Referred (See following motion) - 8 - Planning and Development Committee Minutes December 7, 2015 Resolution #PD-080-15 Moved by Councillor Neal, seconded by Councillor Cooke That the above matter of a report regarding the contamination of shallow wells near the Clarington Hydro One Transformer Station be referred to Staff to provide a report on the estimated cost of a consultant’s report regarding the general source of the contamination and cost of tritium testing/analysis. Carried 13.2 Names of Lost Hamlets Resolution #PD-081-15 Moved by Councillor Partner, seconded by Mayor Foster That Staff be directed to prepare a report to have the Municipality be proactive in identifying the names of our lost hamlets and erecting appropriate signage to identify them and their history for all to see. Carried 14 Unfinished Business 14.1 Addendum 2 to Report PSD-45-15 Application by Zemer Holdings Ltd. to Rezone Lands to Permit an Apartment Building at 50 Martin Road in Bowmanville \[Referred from the November 16, 2105 Planning and Development Committee Meeting\] Resolution #PD-082-15 Moved by Councillor Hooper, seconded by Councillor Neal That Report PSD-045-15 be received; That Addendum to Report PSD-045-15 be received; That Addendum 2 to Report PSD-045-15 be received; That the Zoning By-law Amendment application submitted by Zemer Holdings Ltd. be approved, as contained in Attachment 2 to Addendum Report PSD-045-15, with the following amendments: A. Delete subsection a. iii) (Maximum Yard Requirements) and renumber subsequent subsections accordingly - 9 - Planning and Development Committee Minutes December 7, 2015 B. Replace subsection 3 b) with the following: Construction and maintenance of a temporary sidewalk along the east side of Regional Road 57 from the subject site to Aspen Springs Drive if the development proceeds in advance of the signalization of Hartwell Avenue; That once all conditions contained in the Official Plan with respect to the removal of the (H) Holding Symbol are satisfied, including a site plan agreement that provides for: a) A driveway location that aligns opposite to Hartwell Avenue, being the location of future traffic signals; b) Construction and maintenance of a temporary sidewalk along the east side of Regional Road 57 from the subject site to Aspen Springs Drive if the development proceeds in advance of the signalization of Hartwell Avenue; c) Dedication of lands east of the development area to allow for a future public pedestrian connection to Rhonda Park (approximately 0.6 hectares); d) Undertaking and implementing a scoped Environmental Impact Brief that addresses the proposed storm sewer connection and provides standard mitigation measures; and e) An appropriate design and provision of easements to facilitate shared access connection between the approved entrance and a minimum of four parcels to the north the By-law authorizing the removal of the (H) Holding Symbol be approved; That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Addendum 2 to Report PSD-045-15 and Council’s decision; and That all interested parties listed in Addendum 2 to Report PSD-045-15 and any delegations be advised of Council’s decision. Carried 15 Confidential Reports There were no Confidential Reports scheduled under this Section of the Agenda. - 10 - Planning and Development Committee ClaiingtonMinutes December 7, 2015 16 Adjournment Resolution #PD-083-15 Moved by Councillor Partner, seconded by Councillor Neal That the meeting adjourn at 10:14 PM. /I /, ; Carried Chair Deputy Clerk i - 11 -