HomeMy WebLinkAbout04/04/2016Planning and Development
Committee
Agenda-
Date:
April 4, 2016
Time: 7:00 PM
Place: Council Chambers, 2nd Floor
Municipal Administrative Centre
40 Temperance Street
Bowmanville, Ontario
�is 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�clarin tog n.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
GIRrIU00H Planning and Development Committee Agenda
Date: April 4, 2016
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 March 14, 2016
7 Public Meetings
7.1 Application for a Proposed Zoning By-law Amendment
Applicant: Veltri and Son Limited
Report PSD -026-16
8 Delegations
No Delegations
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
6-1
7-1
Page 1
W
111 Planning and Development Committee Agenda
Date: April 4, 2016
Time: 7:00 PM
Place: Council Chambers
12 Planning Services Department Reports
12.1 PSD-026-16 An Application by Veltri and Son Limited to Permit Reduced 12-1
Frontage and Lot Area for One Proposed Single Detached
Lot
12.2 PSD-027-16 Notification Distance Requirements for Official Plan and 12-7
Zoning By- law Amendments in the Rural Area
13 New Business — Consideration
14 Unfinished Business
No Unfinished Business
15 Confidential Reports
No Reports
16 Adjournment
Planning and Development Committee
CladwgtonMinutes
March 14, 2016
Minutes of a meeting of the Planning and Development Committee held on Monday,
March 14, 2016 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. Trail[
Staff Present: D. Crome, J. Gallagher, M. Chambers, L. Benson, C. Pellarin
1 Call to Order
Councillor Woo called the meeting to order at 7:00 PM.
2 New Business — Introduction
There were no new business items added to the Agenda.
3 Adopt the Agenda
Resolution #PD -042•-16
Moved by Mayor Foster, seconded by Councillor Neal
That the Agenda for the Planning and Development Committee meeting of Ma4ch 14,
2016 be adopted as presented.
Carried
4 Disclosures of Pecuniary Interest i
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=043-16
Moved by Councillor Partner, seconded by Councillor Hooper
That the minutes of the regular meeting of the Planning and Development Committee,
held on February 22, 2016, be approved. ,
. Carried
- 1 -
PlCladflgWRanning and Development Committee
Minutes
March 14, 2016
7 Public Meetings
7.1 Application for a Proposed Zoning By-law Amendment
Applicant: Tien Tao Shen Xiu Temple
Report: PSD -021-16
Robert Russell, Planner ll, made a verbal and electronic presentation to the Committee
regarding the application.
Stephen Selby, local resident, spoke in opposition to the application. Mr. Selby advised
the Committee that he is a farmer and operates a grain and oil seed production. He
continued by explaining that, due to his expanding business, he has purchased the land
surrounding the subject property in 2010. Mr. Selby added that this involved
consolidating two parcels of land. He continued by explaining that a condition* of -the
consolidation of land involved giving up their building rights in order to satisfy the
Region's conditions. Mr. Selby explained the reasoning for this was to keep the property
agricultural. He added that the current zoning does not support the local use and is not
consistent with the Region of Durham Planning Department's policies and for this reason
he does not support this application. Mr. Selby noted that the history of the property is
explained in. the report and that the zoning was changed to permit a school to support
the need at that time. He added that the building was most recently used as a post-
secondary education centre with a residence and these are all non -conforming uses. Mr.
Selby stated that he had been trying to purchase this property and would have changed
to back to agricultural use if he had been successful. He continued by stating that the
selling price of the land was based on a commercial use and he feels that the price he
offered should have bought the land. Mr. Selby added that the rezoning of this land
needs to be carefully considered due to its uniqueness in addition to the fact that
Lockhart Road is narrow, there are no sidewalks, no public transit, and he is,concerned
with the increased use of a rural road. He explained to the Committee that Section 8.2 of
the Report is referring to him and does not accurately reflect his concerns. Mr. Selby
added that Section 10.2 of the Report is misleading and noted that, during the noted
time, there have been two commercial businesses and several full time residents in the
building.
Suspend the Rules
Resolution #PD -044-16
Moved by Councillor Partner, seconded by Councillor Hooper
That the Rules of Procedure be suspended to allow the delegation of Stephen Selby to
be extended for an additional two minutes.
Carried
-2-
6-2
Planning
L� i
C n ' ' ��. s
�? •
Mr. Selby concluded by asking the Committee to consider the needs of the surrounding
area and not the intended uses.
Wayne Halyn, local resident, spoke to the application. Mr. Halyn advised the Committee
that he attended and graduated from the Technical College that previously had operated
out of the subject property. He added that he had been hired to maintain the building
after graduating and has resided there since 2011. Mr. Halyn provided background
information regarding his relationship with the former owner of the subject property and
noted that he will be moving out of the building in June. He continued by-advis.ing the
Committee that the current owners have made several improvements to the subject
property and have significantly cleaned up the interior of the building. Mr. Halyn added
that there was a recent celebration at the subject property where members were brought
in by bus and the event was very respectful of the local residents. He concluded by
stating that he feels the Temple will not be not be detrimental to the area and that the
owners have made several improvements to the existing building.
Patti Choloniuk, local resident, spoke in opposition to the application. Ms. Choloniuk
advised the Committee of her concerns including increased traffic and noise. She asked
how many services there will be per week and the approximate numbers of people that
would attend. Ms. Choloniuk concluded by asking why a commercial building can be
located so close to an agricultural property.
Ron Lalley, local resident, spoke in opposition to the application. Mr. Lalley noted he
shares the same concerns as the previous speaker. He concluded that his main concern
is with the increased traffic, the unauthorized use of his driveway as a turnaround, and
that the building will have adequate parking.
Kenny'Leung, applicant, spoke to the application. Mr. Leung explained to the Committee
that he is a director of the Committee for the Tien Tao Sheng Xiu Temple. Mr. Leung
advised the Committee that the buses were to transport the financial supporters of the
project to the Temple. He added that the. members were bussed in to avoid traffic and
parking issues. Mr. Leung advised the Committee that the members will typically
worship or host events two or three Sundays per month: He added that they may host
outdoor events on the property once or twice per year. Mr. Leung explained that they
have not completed any renovations inside the building and have only removed garbage,
painted, and completed small cosmetic improvements. He noted that the volunteers
from their community will be performing building maintenance on the weekends. Mr.
Leung concluded by explaining to the Committee that their worship mainly consists of
seminars and discussions with respect to their beliefs and customs.
Janet Liang, applicant, spoke. to the application. Mr. Liang advised the Committee that
she is the Secretary for the Tien Tao Sheng Xiu Temple. Ms. Liang explained to the
Committee why they choose to purchase a property in Clarington and answered
questions.
-3-
6-3
PClaringtonlanning and Development Committee
Minutes
March 14, 2016
7.2 Application for a Proposed Zoning By-law Amendment & Draft Plan of
Subdivision
Applicant: Averton Homes (Bowmanville Inc.
Report: PSD -022-16
Cynthia Strike, Principal Planner, made a verbal and electronic presentation to the
Committee regarding the application.
Mike Pettigrew, Planning Consultant, Biglieri Group, spoke on behalf of the applicant.
Mr. Pettigrew noted that, in the staff report, the applicant is being referred to as Averton
Group and that this should be Averton Homes (Bowmanville Inc.). He added that a small
portion of land on the north east side was purchased and will be future homes. Mr.
Pettigrew concluded by advising that they support the recommendations in the Report
and he is available to answer any questions from the Committee.
Recess.
Resolution #PD -045-16
Moved by Councillor Partner, seconded by Councillor Neal
That the Committee recess for five minutes.
Carried
The meeting reconvened at 8:50 PM with Councillor Woo in the Chair.
8 Delegations
8.1 Delegation of Dr. Linda Carter Regarding Report PSD -023-16, An Application
by Dr. Linda Carter to Permit Commercial Uses, Including a Veterinary Clinic
Dr. Linda Carter and James Phillips were present regarding Report PSD -023-16, an
application by Dr. Linda Carter to permit commercial uses, including a veterinary clinic.
Dr. Carter advised the Committee that they support the recommendations in the staff
Report. She concluded by advising the Committee they are available to answer
questions.
8.2 Delegation of James Phillips Regarding Report PSD -023-16, An Application
by Dr. Linda Carter to Permit Commercial Uses, Including a Veterinary Clinic
James Phillips addressed the Committee during the previous delegation, please see
Section 8.1 of the Agenda.
M.
Clarington
Planning and Development Committee
Minutes
March 14, 2016
9 Communications - Receive for Information
There were no Communications to be received for information.
10 Communications — Direction
There were no Communications to be received for direction.
11 , Presentations
11.1 Amy Burke, Senior Planner— Special Projects, Municipality of Clarington,
Regarding Report PSD -024-16, Priority Green Clarington - Green
Demonstration Project Outcomes
Amy Burke, Senior Planner — Special Projects, Municipality of Clarington, was present
regarding Report PSD -024-16, Priority Green Clarington — Green Demonstration Project
Outcomes. She made a verbal presentation to accompany'an electronic presentation.
Ms. Burke provided an overview Priority Green Clarington Project and reviewed the
following:
• The Project Vision.
• The Challenge .
• Potential Benefits
• The Approach
• Green Practices
• The Results for the following:
o Water
o Energy
o Cost
o Other
• Collaboration
• Additional Project Outcomes
• Application
• Reviewed Project Supporters
Ms. Burke concluded by advising that she is available to answer'any questions from the
Committee.
-5-
6-5
Planning and Development Committee
ClaritwoMinutes
March 14, 2016
12 Planning Services Department Reports
12.1 PSD -021-16 An Application by Tien Tao Sheng Xiu Temple to Rezone a
Former Public -Elementary School Property to a Place of Worship
Resolution #PD -046-16
Moved by Councillor Partner, seconded.by Councillor Neal
That Report PSD -021-16 be received;
That the application for rezoning ZBA 2016-0001, submitted by Tien Tao Sheng Xiu
Temple continue to be processed and that the concerns of the delegations be addressed
in an addendum report to the Council meeting of March 21, 2016; and
That all interested parties listed in Report PSD -021-16 and any delegations be advised
of Council's decision.
Carried
12.2 PSD -022-16 Applications by Averton Homes (Bowmanville Inc.) to Develop
207 Residential Units in Apple Blossom Neighbourhood, Bowmanville
Resolution #PD -047-16
Moved by Mayor Foster, seconded by Councillor Hooper
That'Report PSD -022-16 be received;
That the application for an amendment to a Draft Approved Plan of Subdivision and
amendment to Zoning By-law 84-63, submitted by Averton Homes (Bowmanville Inc.) to
permit a total of 57 residential units on the north side of Elephant Hill Drive continue to
be processed and that a subsequent report be prepared;
That the application for amendment to Draft Approved Plan of Subdivision submitted by
Averton Homes (Bowmanville Inc.) for 150 residential units on the south side of Elephant
Hill Drive be supported subject to conditions as contained in Attachment 2 of Report
PSD -022-16;
That the Zoning By-law Amendment application submitted by Averton Homes
(Bowmanville Inc.) be approved as'contained in Attachment 3 of Report PSD -022-16;
That once all conditions contained in Zoning By-law with respect to the removal of the
(H) Holding Symbol are satisfied, the By-law authorizing the removal of the (H) Holding
Symbol be approved;
That the Durham Regional Planning and Economic Development Department and
Municipal Property Assessment Corporation be forwarded a copy of Report PSD -022-16
and Council's decision; and
-6-
Clarington
Planning and Development Committee
Minutes
March 14, 2016
That all interested parties listed in Report PSD -022-16 and any delegations be advised
of Council's decision.
Carried
12.3 PSD -023-16 An Application by Dr. Linda Carter to Permit Commercial Uses,
Including a Veterinary Clinic
Resolution #PD -048-16
Moved by Councillor Hooper, seconded by Councillor Neal
That Report PSD -023-16 be received;
That Amendment 106 to the Clarington Official Plan be approved in response to an
application submitted by Dr. Linda Carter, to permit commercial uses within an existing
building, as contained in Attachment 1 to Report PSD -023-16;
That the Zoning By-law Amendment be approved in response to an application,
submitted by Dr. Linda Carter, to permit commercial uses within an existing building, as
contained in Attachment 2 to Report PSD -023-16;
That the Durham Regional Planning and Economic Development Department and
Municipal Property Assessment Corporation be forwarded a copy of Report PSD -023-16
and Council's decision; and
That all interested parties listed in Report PSD -023-16 and any delegations be advised
of Council's decision.
Carried
12.4 PSD -024-16 Priority Green Clarington
Green Demonstration Project Outcomes
Resolution #PD -049-16
Moved by Councillor Cooke, seconded by Councillor Partner
That Report PSD -024=16 be received;
That Council thank Brookfield Residential, Halminen Homes and Jeffery Homes, and the
six participating families for their participation and partnership throughout the Green
Demonstration Project; and
That all interested parties listed in Report PSD -024-16 and any delegations be advised
of Council's decision..
Carried
7-
Planning and Development Committee.
ClatftwnMinutes
March 14, 2016
12.5 PSD-025-16 Request by Kirk Kemp to Use "Douglas Kemp" and "Sandy
Rutherford" as Street Names in the Northglen East Subdivision
Resolution #PD -050-16
Moved by Councillor Hooper, seconded by Councillor Partner
That Report PSD -025-16 be received;
That Resolution PD -074-15 be rescinded;
That Communication Item 1-10 from Kirk Kemp on the December 9, 2015 Planning and
Development Committee agenda be received; and
That the name Douglas Kemp be added to the Reserved Street Names to be used in
plan of subdivision S -C-2007-0005.
Carried
13 New Business — Consideration
There were no New Business Item to be considered under this Section of the Agenda.
14 Unfinished Business
There were no items considered under this section of the Agenda.
15 Confidential Reports
There were no Confidential Reports scheduled under this Section of the Agenda.
16 Adjournment
Resolution #PD -051-16
Moved by Councillor Partner, seconded by Councillor Neal
That the meeting adjourn at 10:02 PM.
Chair
AM
Carried
Deputy Clerk
Public Meeting
PSD-026-Z6
CIaF Municipality of'Clarington
IQ
Notice of Public eeting
.A land use change has been proposed, have- your sa'y/
The Municipality is seeking public comments before making a decision on an application (to amend
'the.Zoninn RV-IPIAI)
ZBA2016-0007
Page 2
Freedom of Information and Protection of 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 Clerk'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 fearing 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
*av
N
r-
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: April 4, 2016
Report Number: PSD -026-16 Resolution Number:
File Number: ZBA2016-0007 By-law Number:
Report Subject: An application by Veltri and Son Limited to permit reduced frontage
and lot area for* one proposed single detached lot
Recommendations:
That Report PSD -026-16 be received;
2. That the proposed application for Rezoning ZBA2016-0007 continue to be processed
including the preparation of a subsequent report;
3. That staff consider the public comments received in the further processing of the Zoning
By-law Amendment application submitted by Veltri and Son Limited to rezone to permit
reduced lot frontage and area for one proposed single detached lot; and
4. That all interested parties listed in Report PSD -026-16 and any delegations be advised of
Council's decision.
12-1
Municipality of Clarington
Report PSD -026-16
Report Overview
Veltri and Son Limited is proposing to amend the Zoning -By-law to rezone from "Urban
Residential Type One (R1)" Zone to allow the creation of one single detached dwelling lot with a
frontage of 9.36 metres and an area of 333.17 square metres. Related land division applications
were filed last year but no approval has been finalized.
1. Application Details
1.1. Owner: Veltri and Son Limited
1.2. Agent:
Fay Veltri
1.3. Proposal: To change the zoning from "Urban Residential Type One (R1)"
Zone to permit one single detached dwelling lot with a lot
frontage of 9.36 metres and a lot area of 333.17 square metres.
1.4. Area:
1.5. Location:
1.6. Related Files:
1.7. Within Built Boundary:
2. Background
333.17 square metres (3,586 square feet)
South side of Borland Court, (Rear of 18 Concession Street
West), Bowmanville
LD 116/2015, LD 117/2016, LD 118/2016, LD 119/2016, and LD
120/2016
Yes
2.1. A plan of subdivision comprised of Borland Court and 20 link dwellings, primarily on the
north side was registered in December 1991. Municipal services were constructed
anticipating link lots on both sides of Borland Court including the south side and including
the location of the proposed 9.36 metre wide lot.
2.2. The subdivision maintained a block approximately 5 metres deep on the south side of
Borland Court, backing onto the properties fronting on Concession Street West. More
recently Veltri and Son were able to buy the rear portion of 18 Concession Street West
and this permits several lots to be created including the subject proposed single detached
lot.
2.3. In September 2015, the applicant submitted five Land Division applications. The first
application LD1 16/2015 would sever a portion of the rear yard of 18 Concession Street
West to meld with the strip of land on the south side of -Borland Court retained by the
developer when the subdivision was developed. The second application L117/2015
would split the strip of lands on the south side of Borland Court in two blocks. The
12-2
Municipality of Clarington
Report PSD -026-16
Page 3
remaining severances propose to create the single detached lot, subject of the rezoning
LD118/2015; create one 18 metre wide semi-detached link lot, LD1 19/2015; and split the
link lot into two units, LD120/2015.
LD118/2015 was facilitating creation of a single detached lot that was deficient in lot
frontage and area and therefore, a condition was recommended that the proposed lot
area be rezoned to remedy the two deficiencies, hence this application.
2.4. On February 12, 2016, Planning Staff received the subject rezoning application.
Figure 1: Location of the Property
3. Land Characteristics and Surrounding Uses
The subject property and the surrounding properties are in older residential Bowmanville
along Concession Street West and there is a pocket of relatively new residential
development in Bowmanville along the north and west side of Borland Court.
12-3
Municipality of Clarington
Report PSD -026-16 Page 4
4. Provincial Policy
4.1 Provincial Policy Statement
The proposed creation of one additional but smaller single detached building lot within a
context of link lots represents intensification within a settlement area and utilizing existing
services while maintaining neighbourhood character. The proposal conforms to the
Provincial'Policy Statement.
4.2 Provincial Growth Plan
The creation of one additional but smaller single detached building lot within a context of
link lots is part of intensification within a settlement area and efficient use of land and
existing services while maintaining neighbourhood character. The proposal conforms to
the Growth Plan.
5. Official Plans
5.1 Clarington Official Plan
The Durham Region Official Plan designates the subject properties Living Areas. The
policies of the Plan generally promote infill and intensification. The proposed reduction of
the required lot frontage and area for the subsequent creation of one additional smaller
single detached building lot within a context of link lots conforms to the Durham Regional
Official Plan.
5.2 Clarington Official Plan
The Clarington Official Plan designates the subject properties Urban Residential — Low
Density. The proposed reduction of the required lot frontage and area for the subsequent
creation of one additional smaller single detached building lot within a context of link lots
conforms to the Clarington Official Plan.
6. Zoning By-law
Zoning By-law 84-63 zones the subject property "Urban Residential Type One (R1)". The
zone's single detached lot minimum standards are 15 metres lot frontage and 460 square
metres lot area, whereas link lots, as proposed for the other land division applications,
require minimums of 18 metres lot frontage and 550 square metres lot area. The
proposed single detached lot standards of 9.36 metres frontage and 333.17 square
metres area, create the need for rezoning.
12-4
Municipality of Clarington
Report PSD -026-16
7. Public Notice and Submissions
Page 5
7.1 Public notice was mailed to each landowner within 120 metres of the subject property and
a public meeting sign was installed on the Borland Court frontage.
7.2 The neighbour to the southwest has asked that a privacy fence be constructed along the
common property line as a requirement of this rezoning and related land divisions.
0. Agency & Departmental Comments
8.1 Emergency & Fire Services had no fire safety concerns, and Operations had no
comments. Enbridge had no concerns.
8.2 Canada Post had no objections and stated since Borland Court receives door to door
delivery the subject property will.
8.3 Comments have not been received from other agencies or departments.
9. Discussion
9.1 Municipal servicing stubs already exist in the street for 12 dwellings on lots of
approximately 9 metres, six semi-detached link lots, on the south side of Borland Court.
The proposal is consistent with this layout. The future lot layout, and servicing for the
south side of Borland Court was based on a portion of three, larger, existing properties
fronting on Concession Street West severing their rear yards to create future lots, with
minimum 18 m frontage link lots. The applicant has successfully purchased one of the
rear yards and is complying with the servicing and lot scheming. The rezoning is required
because the applicant has not been able to acquire the lands to the west to create the
balance of what was to be a link lot. Therefore they are creating a small single detached
lot, in -essence half of the originally proposed link lot, with a 9.36 m frontage.
9.2 Privacy fencing can be required through the land division development agreement.
10. Conclusion
The purpose of this report is to provide background information on the proposal, as
submitted by Veltri and Son, for the Public Meeting under the Planning Act and to identify
issues and comments received to date. Staff will continue processing the application
including the preparation of a subsequent report upon receiving outstanding agency
comments.
11. Strategic Plan Application
Not Applicable.
12-5
Municipality of Clarington
Report PSD -026-16 Page 6
11)
Submitted by: � �� ,'`�-
Da Wiltrome, MCIP, RPP
Director of Planning Services
Reviewed by.
Franklin Wu,
Chief Administrative Officer
Staff Contact: Bob Russell, Planner II, 905-623-3379 ext. 2421 or brussellCa.clarington.net
The following is a list of the interested parties to be notified of Council's decision:
Fay & Frank Veltri
Laverne & Bill Morrison
CP/BR/tg/av
12-6
6
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: April 4, 2016
Report Number: PSD -027-16 Resolution Number:
File Number: DOO.GE Dy -law Number:
Report Subject: Notification Distance Requirements for Official Plan and Zoning
Bv- law Amendments in the rural area
Recommendations:
1. That Report PSD -027-16 be received;
2. That Council endorse the attached Planning Department Policy (Attachment 2 to
PSD- 027-16) a policy to increase the required distance for mailed notices from.120
metres to 300 metres for applications not within a settlement area, and
3. That all interested parties listed in Report PSD -027-16 and any delegations be advised of
Council's decision.
12-7
Municipality of Clarington
Report PSD -027-16
Report Overview
Paae 2
Council passed resolution #PD -061-15 directing staff to review and report back on Clarington's
current public notification procedures for Official Plan and Zoning By-law Amendments in the
rural area.
Staff are recommending Council approve a policy that increases the minimum public notice
distance from 120 metres to 300 metres for all Official Plan and Zoning By-law Amendment
applications located outside of a settlement area.
1. Background
At the November 16, 2015, Planning and Development Committee meeting Ted
Meszaros appeared as a delegation regarding the current 120 metre distance for
receiving notification for an Official Plan or Zoning By-law Amendment by mail for public
meetings in the rural area. Mr. Meszaros believed that 120 metres was not sufficient in
the rural area as that distance may only include the abutting properties in some instances
and that due to the size of many properties in the rural areas a larger circulation area was
warranted. Therefore, Mr. Meszaros suggested that the minimum distance should be
increased from 120 metres to 500 metres for applications in the rural area.
Council passed Resolution #PD -061-15 referring the matter regarding minimum
notification requirements for rural Official Plan and Zoning By-law Amendments to staff
for review and comment.
Staff has reviewed the requirements of the Planning Act and conducted a survey on the
notification practices of a number of municipalities in southern Ontario that also have
significant rural areas.
2. Planning Act Requirements
The Planning Act requires that notification of a statutory public meeting for an Official
Plan or Zoning By-law Amendment be given in one of two ways.
2.1 Mail and Site Signage
The first is that all land owners within 120 metres of a subject property be notified by mail
and that a notice be posted on the property detailing the proposal and identifying where
additional information is available. The intention of personal mail is to alert neighbouring
property owners, the people who could be most affected by a proposed change, to the
application. The sign on the property is intended to inform people who travel the area -on
a regular basis and could be affected by a proposed change.
2.2 Newspaper
The second is that notice may be published in a newspaper that, in the opinion of the
Municipal Clerk, is of sufficiently general circulation for the area in which the amendment
would apply thereby giving resident's reasonable opportunity to be notified. Notices
12-8
Municipality of Clarington
Report PSD -027-16
Page 3
placed in the newspaper are used when the changes could have an impact on many
people across an entire community or the Municipality.
The Municipality of Clarington has generally chosen to send mail to all residents within
120 metres of properties that have submitted development applications and required the
applicants to erect a sign with the prescribed information. In a few circumstances, where
an amendment may affect multiple residents who are not in a defined area, the notice has
been circulated in local newspapers. The Clarington Official Plan requires that notice be
given to the public at least 18 days prior to a statutory public meeting.
The Planning Act does not preclude a municipality from exceeding the minimum
requirements for notification.
3. Notice Requirements in Other Municipalities
Staff conducted a survey of southern Ontario municipalities to learn what practices other
municipalities use when giving public notices in rural areas (Attachment 1). The majority
of municipalities adhere to the standard 120 metre minimum prescribed by the Planning
Act. However, there are three municipalities that have Council approved policies that
require larger notification areas. Two of the municipalities require, a 300 metre personal
mail notification requirement in the rural areas only, while one municipality requires a 200
metres personal mail notification requirement for all applications.
4. Discussion
4.1 Rural properties are generally significantly larger than urban properties. As a result, the
number of property owners notified for a Planning Act application in the rural area are
normally significantly less than the number of property owners notified for applications in
urban areas. The underlying goal of personal mail notification is to ensure that the
closest property owners and those who could be affected the most, are aware of the
application. Due to the nature of uses in the agricultural area, there is a potential for
properties located greater than 120 metres away to be affected- by a proposed land use
change.
4.2 Staff applied multiple notification distances to two recent applications in the rural area to
determine the potential impacts on personal mail notifications at different distance
requirements. Under the current 120 metre requirement, the applications had personal
mailing lists of 14 and 7 properties respectively. At 500 metres the applications had a
personal mailing list of 50 properties and 24 properties. Given the distance, natural
features and existing road layouts surrounding the application properties, staff identified
that some properties included in the 500 metre personal mail notification would potentially
not be directly impacted by a Planning Act application. This is due to the fact that the
activity proposed has generally been along the frontage of a property (i.e. Algoma
Orchards, Events by Grace) but the distance is calculated from the property boundary,
which in rural areas will be quite large (up to 40 ha or more). Additionally, if it is a very
significant land use change, such as Boots and Hearts, it doesn't really matter whether it
is 300 or 500 metres, the important notice will be the sign or the newspaper.
12-9
Municipality of Clarington
Report PSD -027-16 page 4
4.3 Staff identified 300 metres as a distance that appeared to capture most properties that
would be directly affected by a typical proposed application. A 300 metre personal mail
notification is also consistent with two of the municipalities surveyed by staff that require
notification in the rural area above the minimum 120 metres the Planning Act requires.
4.4 There will always be property owners who feel that they are affected or have an interest
in an application but that due process was not afforded to them by virtue of their property
being just outside the notification area. (The Meszaros property was just 5 metres short of
the 120 metre notification distance.) There is no perfect distance or perfect way of
determining who will have an interest in an application. However, increasing the notice
distance in rural areas makes sense to more adequately account for the properties that
may be affected in the Rural Area. Once established, however, the notice distance must
be applied consistently.
4.5 There is a cost associated with all. notifications. It is anticipated that the cost of
increasing mail notification from 120 metres to 300 metres in the rural area is
insignificant:
4.6 Lastly, the notification by personal mail and the public notice sign are intended to work as
one system of notification. Residents who pass the property, whether within.or without
the personal mail notice boundary, will see that there is a planning proposal. As part of
our continuous improvement process, staff are reviewing the standards and practices for
public notice signs so that they can better inform residents of upcoming proposals. We
will be reporting back on this matter at a later date.
5. Concurrence
Not Applicable
6.. Conclusion
Staff recognize that properties in the rural area are significantly larger than those in urban
areas. Also, due to the nature of land uses in the agricultural area proposed land use
changes could impact property owners at a greater distance than in the urban area. As
such, it is recommended that personal mail notifications for Official Plan and Zoning By-
law amendment applications should be increased .to 300 metres to address these
differences.
7. Strategic Plan Application
The recommendations contained in this report conform to the Strategic Plan priority to
enhance Council and Corporate Communications.
12-10
Municipality of Clarington
Report PSD -027-16
Submitted by: A�a� Reviewed by:
Davi6l J. Crome, MCIP, RPP Franklin Wu,
Director of Planning Services Chief Administrative Officer
Staff Contact: Brandon Weiler, Planner, 905-623-3379 ext. 2424 or bweiler _clarington. net
Attachments:
Attachment 1 — Municipal Notification Distances for Official Plan and Zoning By-law
Amendments in rural areas
Attachment 2 - Planning Services Departmental Policy on Rural Notification Distance
The following is a list of the interested parties to be notified of Council's decision:
Ted Meszaros
BW/df;tg
12-11
Attachment 1 to
Municipality of Clarington Report PSD -027-16
Municipal Notification Distances for Official Plan and Zoning By-law Amendments
in Rural Areas
Municipality
Notification Distance
Region of Durham
Pickering
120 metres
Ajax
120 metres
Whitby
120 metres
Oshawa
120 metres
Uxbridge
120 metres
Scugog
120 metres
Region of York
King Township
120 metres
East Gwillimbury
120 metres
Georgina
120 metres
Whitchurch-Stouffville
120 metres
Markham
200 metres
Richmond Hill
120 metres
Aurora
120 metres
Vaughn
120 metres
Northumberland County
Port Hope
120 metres
Hamilton Township
120 metres
Cobourg
120 metres
Township of Cramahe
.120 metres
Brighton
120 metres
Trent Hills
120 metres
County of Peterborough
Township of Selwyn
120 metres
Municipality of Trent Lakes
120 metres
Havelock -Belmont -Methuen
120 metres
Cavan Monaghan
120 metres
Region of Halton
Halton Hills
120 metres
Milton
300 metres
Burlington
300 metres
Oakville
120 metres
Region of Peel
Caledon
120 metres
12-12
Attachment 2 to
Municipality of Clarington Report PSD -027-16
PLANNING SERVICES DEPARTMENTAL POLICY
SUBSECTION: Community Engagement SUBJECT: Rural Notification Distance
PSD-CE02
APPROVED BY: Council DATE APPROl�E®� April 11, 2016
UPDATED:
1. Purpose: To provide an extended notification distance in rural areas of the Municipality where
notice is given under the Planning Act for Official Plan and Zoning By-law
Amendments.
2. Policy: Where. notice under the Planning Act is to be given by personal mail for an Official
Plan or Zoning By-law Amendment on lands located outside of a settlement area,
the notification distance shall be 300 metres from the subject lands.
1213
Il'l1�JiL�
Clerk's Department
If this information is required in an alternate accessible format, please contact the Municipal
Clerk at 905-623-3379 ext. 2102.
To: Mayor Foster and Members of Council
From: June Gallagher, Deputy Clerk
Date: April 1, 2016
Subject: Planning & Development Committee Meeting – April 4, 2016 – Update
File: C05.Planning & Development Committee
Please be advised of the following amendments to the Planning & Development Committee
agenda for the meeting to be held on Monday, April 4, 2016:
8. Delegations
See attached Final List (Attachment #1)
•
lip - Gallagher,Deputy Clerk/—
JEG/itc
Encl.
C. F. Wu, Chief Administrative Officer
Department Heads
ATTACHMENT #1 TO
UPDATE MEMO
Committee
Agenda
Date: April 4, 2016
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(aD,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
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 March 14, 2016
7 Public Meetings
7.1 Application for a Proposed Zoning By-law Amendment
Applicant: Veltri and Son Limited
Report PSD -026-16
8 Delegations
No Delegations
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
,6-1
7-1
Page 1
Cklriflgt011
Planning and Development Committee Agenda
Date: April 4, 2016
Time: 7:00 PM
Place: Council Chambers
12 Planning Services Department Reports
12.1 PSD-026-16 An Application by Veltri and Son Limited to Permit Reduced 12-1
Frontage and Lot Area for One Proposed Single Detached
Lot
12.2 PSD-027-16 Notification Distance Requirements for Official Plan and 12-7
Zoning By- law Amendments in the Rural Area
13 New Business — Consideration
14 Unfinished Business
No Unfinished Business
15 Confidential Reports
No Reports
16 Adjournment
Page 2
Handouts/Circulations
Planning & Development
Committee Meeting
Application By: Veltri and Son Limited
An application by Veltri and Son limited to permit reduced
frontage and lot area for one proposed single detached lot
Public Meeting: April 4, 2016
Site Location Context
(LD 11912015)
(LD 11712015)
Borland Court
Lands For
°
Z
Future Lot
T—
L
U)
_
(LD 12012015)
Area Subject
ami
To Rezoning
(LD 11812015)
Subject Property
18 Concession
Street West
Concession Street West
M
zBA 2016-0007
Conceptual Layout for the Balance of
Borland Court
Proposed Severances
Borland Court
LOT A LOT B LOT. C- LOT D LOT E LOT F
/' I I% I a
I I! Z
aD
m
Potential
Future Lotting Lands Subject To
Rezoning J
Concession Street West
N
ZBA 2016-0007
r
r
I
dip
d•-���
J �• /�' i til • f r � `�
46
(LD 11912015)
(LD 11712015)
Borland Court
t:Lands
For
°
Z
Future Lot
v�
- (LD 120/2015)a
Area Subject
UJ
To Rezoning
(LD 11812015)
Subject Property
18 Concession
Street West
Concession Street West
N
ZBA 2016-0007