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HomeMy WebLinkAbout2016-06-27 Planning and Development Committee Minutes June 27, 2016 Minutes of a meeting of the Planning and Development Committee held on Monday, June 27, 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 C. Traill (arrived at 7:04 PM), Councillor W. Woo Staff Present: D. Crome, L. Benson, C. Pellarin, F. Langmaid, 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 preservation of trees as part of the planning process, to the New Business – Consideration section of the agenda Councillor Neal added a New Business item, regarding options for retaining an air quality expert to interpret stack test monitoring, to the New Business – Consideration section of the agenda. Suspend the Rules Resolution #PD-104-16 Moved by Councillor Cooke, seconded by Mayor Foster That the Rules of Procedure be suspended. Carried Resolution #PD-105-16 Moved by Mayor Foster, seconded by Councillor Neal That the delegation of Clint Cole regarding Communication item 10.2 – Dr. John Cherry, Distinguished Emeritus Professor, University of Waterloo – Proposed Modifications to Approved Rotosonic Hole Location and $25,000 Funding, be added to the Delegation portion of the agenda, following the delegation of Rick Rondeau. Carried - 1 - Planning and Development Committee Minutes June 27, 2016 3 Adopt the Agenda Resolution #PD-106-16 Moved by Mayor Foster, seconded by Councillor Cooke That the Agenda for the Planning and Development Committee meeting of June 27, 2016 be adopted as presented with the addition of the following New Business items:  Preservation of trees as part of the planning process  Options for retaining an air quality expert to interpret stack test monitoring That the delegation of Clint Cole regarding Communication item 10.2 – Dr. John Cherry, Distinguished Emeritus Professor, University of Waterloo – Proposed Modifications to Approved Rotosonic Hole Location and $25,000 Funding, be added to the Delegation portion of the agenda, following the delegation of Rick Rondeau. Carried 4 Declarations of Interest There were no declarations of interest stated at this meeting. 5 Announcements Members of Committee announced upcoming community events and matters of community interest. Councillor Traill arrived to the meeting at 7:04 PM. 6 Adoption of Minutes of Previous Meeting Resolution #PD-107-16 Moved by Councillor Hooper, seconded by Councillor Partner That the minutes of the special meeting and the regular meeting of the Planning and Development Committee, held on June 6, 2016, be approved. Carried 7 Public Meetings 7.1 Application for a Proposed Zoning By-law Amendment Applicant: W.E. Roth Construction Limited Report: PSD-047-16 - 2 - Planning and Development Committee Minutes June 27, 2016 Anne Taylor Scott, Senior Planner, made a verbal and electronic presentation to the Committee regarding the application. Frances Tufts, local resident, spoke to the application. Ms. Tufts explained to the Committee that she is not opposed to the application, however she did have some questions. She noted she is concerned that the water will be affected, including the water flow and the water quality. Ms. Tufts questioned the definition of the Holding (H) provision and the Agricultural (A) zoning. She asked what could be future potential uses of the property. Ms. Tufts added that she does not want this to be developed as an aggregate site in the future. She concluded by thanking Committee for the opportunity to address her concerns. Patricia and Pam Guselle, local residents, spoke to the application. Patricia Guselle asked if there have been wells installed on these properties. She noted that many of her questions were asked by the previous delegation. Pam Guselle added that this land is important and they want to ensure the proper procedures are being followed and that the land is protected. Emilio Zingone, Right At Home Realty and David Rife, General Manager, W. E. Roth Construction Limited, spoke to the application. Mr. Zingone explained that this application will be a reinstatement of the original lot lines that were merged in error many years ago. He noted that the wells have been installed as a condition of the severance from the Regional Municipality of Durham. Mr. Zingone noted that there is a potential purchaser who is employed with W.E. Roth Construction. He added that the intention of the purchaser to build a home and live there. Mr. Zingone explained that this area is under the jurisdiction of the Oak Ridges Moraine which dictates the permitted land use. Mr. Rife concluded by adding that they do not want to make any changes or harm the land and they are looking to build one home per lot. 8 Delegations 8.1 Lyn Townsend, Steve Deboer, and Pat Hegan (Representing Terry Timmins) Regarding Report PSD-052-16, Appeal to the Ontario Municipal Board of a Decision of the Committee of Adjustment of November 5, 2015 Lyn Townsend was present regarding Report PSD-052-16, Appeal to the Ontario Municipal Board of a Decision of the Committee of Adjustment of November 5, 2015. Ms. Townsend explained to the Committee that she is a former Ontario Municipal Board (OMB) lawyer now working as a facilitator and is representing Terry Timmins. She continued by noting that this file has a great deal of history and she feels it is capable of a resolution and does not require an OMB hearing. Ms. Townsend advised that Mr. Terry has almost completed construction of a pool house on his 148 acre property without a building permit. She added that there are no building code issues with this building. Ms. Townsend provided a description of the interior and the exterior of the building and noted that the design of the building matches the main house. She stated that the zoning by-law states that an accessory building cannot have habitable space which, in this case, would be the two bedrooms and the possibility of a kitchen being - 3 - Planning and Development Committee Minutes June 27, 2016 completed on the main floor. Ms. Townsend added that the building does not have proper heating and could not be used in the winter months. She advised the Committee that Mr. Timmins thought there was an agreement in place for a resolution and now the Municipality is asking for the second floor to be removed and re-built. Ms. Townsend explained that the permitted height for a roof is 5 metres and the pool house currently has a 7.54 metre height. She added that the design of the pool house matches the character of the main house and noted that it is very costly to remove the roof. She advised the Committee that they have three letters from neighbouring property owners supporting the pool house. Ms. Townsend stated that they do not want to spend the time and the money involved with an OMB hearing and they are asking Council to go against the recommendations of Staff. She added that she respects the Municipal Staff and the work that they do however sometimes Staff and Council can have different opinions. Ms. Townsend concluded by stating the Mr. Timmins has agreed to change the plumbing, spray foam the second floor and pay the $20,000 fee in place of the $5000 fine. She added that she believes a resolution can be made and offered to answer any questions from the Committee. 8.2 Patricia Likogiannis Regarding Report PSD-050-16, Amendment to Draft Approval – 2408406 Ontario Inc. (Fourteen Estates) for 28 Hamlet Residential Lots in the Hamlet of Newtonville Patricia Likogiannis was present regarding Report PSD-050-16, Amendment to Draft Approval – 2408406 Ontario Inc. (Fourteen Estates) for 28 Hamlet Residential Lots in the Hamlet of Newtonville. Ms. Likogiannis thanked Council, Municipal Staff and Fourteen Estates for listening to the residents’ concerns and taking them into consideration with this report. She advised the Committee that she is in support of Option 2 in the Report for the; location of the parkette. Ms. Likogiannis explained that Option 2 is the safer option and that with Option 1, Jones Avenue will become a through street with increased traffic. She added that she feels both options for parkette locations are central to the area. Ms. Likogiannis advised the Committee she feels that Option 2 has a safer access point to the parkette and does not want the access to be from Paynes Crescent. She continued by explaining to the Committee that Option 2 is a better location as it is in a new development and the homeowners will be aware that they are purchasing a home near a parkette. Ms. Likogiannis reiterating that she is in support of Option 2 for the parkette location. She thanked members of Committee for the opportunity to speak. 8.3 Richard Rondeau, 2408406 Ontario Inc. (Fourteen Estates) Regarding Report PSD-050-16, Amendment to Draft Approval – 2408406 Ontario Inc. (Fourteen Estates) for 28 Hamlet Residential Lots in the Hamlet of Newtonville Richard Rondeau, Fourteen Estates, was present regarding Report PSD-050-16, Amendment to Draft Approval – 2408406 Ontario Inc. (Fourteen Estates) for 28 Hamlet Residential Lots in the Hamlet of Newtonville. Mr. Rondeau explained that they were happy with the original location that backed on to the school. He continued by noting that Staff thought there was a more suitable location for the park. Mr. Rondeau explained that they chose Option 1 for the location, size of the property and the ability to - 4 - Planning and Development Committee Minutes June 27, 2016 serve the community better. He added that they support Council’s decision however they are concerned with the time and money that has already been spent on Option 1. Mr. Rondeau concluded that they are looking to move forward with the project and want to do what is in the best interest of the residents. He advised the Committee that he was available to answer questions. Mr. Rondeau concluded by requesting that the engineering submission be expedited, that parkland dedication be considered paid in full, and that the two year extension be granted. 8.4 Clint Cole, Regarding Communication item 10.2 – Dr. John Cherry, Distinguished Emeritus Professor, University of Waterloo – Proposed Modifications to Approved Rotosonic Hole Location and $25,000 Funding Clint Cole was present regarding Communication item 10.2 from Dr. John Cherry, Distinguished Emeritus Professor, University of Waterloo regarding proposed modifications to the approved rotosonic hole location and the $25,000 Funding. He thanked the members of Committee for adding him as a delegation. Mr. Cole explained to the Committee that he is looking to facilitate a second option for the location of the rotosonic hole. He continued by explaining that he has spoken with Dr. Cherry and asked if they would consider placing the hole on Municipal property on the right of way. Mr. Cole stated that Dr. Cherry would prefer that location over using the private landowner’s site. He concluded by adding the Dr. Cherry wants to ensure the project will begin on July 4, 2016 as it affects the graduate students’ work year. Mr. Cole advised that he was available to answer questions. 9 Communications - Receive for Information There were no Communications to be received for information. 10 Communications – Direction 10.1 Jeffrey A. Abrams, City Clerk, City of Vaughan – Requested Amendment to the Planning Act to Address Issues With Official Plan Amendments that Follow the Completion of a Comprehensive Official Plan Review Resolution #PD-108-16 Moved by Mayor Foster, seconded by Councillor Partner That the following City of Vaughan resolution, regarding a requested amendment to the Planning Act to address issues with Official Plan Amendments that follow the completion of a Comprehensive Official Plan Review, be endorsed by the Municipality of Clarington: Whereas, the Ontario Planning Act allows landowners to apply for official plan amendments at any time subject to the requirement for a complete application; and - 5 - Planning and Development Committee Minutes June 27, 2016 Whereas, municipalities are required to process any such official plan amendment applications; and Whereas, if a municipality fails to process such application or refuses the application, the applicant has the right to appeal to the Ontario Municipal Board; and Whereas, the number of such applications has become more frequent in recent years; and Whereas, Council and community members are becoming more and more frustrated in dealing with such amendment requests; and Whereas, the Vaughan Official Plan 2010, which emerged from the City’s previous Municipal Comprehensive Review, resulted in appeals that are complex, difficult, time-consuming and costly to resolve; and Whereas, municipalities are required to review their Official Plans every five (5) years as per the Planning Act, and will have to take into account the requirements of the Places to Grow Act and other Acts and Plans; and Whereas, Bill 73, an Act to amend the Development Charges Act, 1997, and the Planning Act, provides that during the two year period following the adoption of a new official plan, applications for amendments to the official plan will only be permitted with the approval of the municipal council; and Whereas, there is a desire to ensure that there is a stable planning framework between official plan reviews that members of the public can rely on to define their communities and shape their investment decisions, without the need to consider piecemeal amendments to the plan. NOW THEREFORE BE IT RESOLVED: 1. That the Planning Act and other Acts as necessary be amended, to provide that once an official plan, or amendments resulting from a Municipal Comprehensive Review, is approved by the pertinent approval authority, municipalities be given the right to decline consideration of any applications to amend the approved Plan; 2. That such applications be held in abeyance until the next Municipal Comprehensive Review, and that the applicants no longer have the right to appeal the municipality’s refusal to consider such Official Plan amendment applications to the Ontario Municipal Board until their consideration at the next Municipal Comprehensive Review; - 6 - Planning and Development Committee Minutes June 27, 2016 3. That once an official plan, or amendments thereto resulting from a Municipal Comprehensive Review, is approved by the pertinent approval authority and the appeal period has closed following the issuance of the Notice of Decision, the disposition of the appeals be expedited by the Ontario Municipal Board such that they be resolved, generally, within one year of the first pre-hearing conference; 4. That in cases where a municipally initiated study such as a secondary plan or transportation study is underway that municipalities be provided the discretion under the Planning Act to determine whether or not a complete development application in the same area should proceed to consideration at a Statutory Public Hearing or to a Committee of Council; and 5. That this resolution be circulated to: • The Minister of Municipal Affairs and Housing; • The Regional Municipality of York; • GTA Municipalities; • The Honourable MP Deb Schulte; • The Honourable MP Francesco Sorbara; and • The Honourable MPP Steven Del Duca, Minister of Transportation Carried 10.2 Dr. John Cherry, Distinguished Emeritus Professor, University of Waterloo – Proposed Modifications to Approved Rotosonic Hole Location and $25,000 Funding Resolution #PD-109-16 Moved by Councillor Neal, seconded by Councillor Traill That Staff be directed to provide a report for the July 4, 2016 Council meeting regarding the possibility of having the rotosonic hole drilled on the road allowance on Townline Road. Carried Recess Resolution #PD-110-16 Moved by Councillor Partner, seconded by Councillor Traill That the Committee recess for 10 minutes. Carried The meeting reconvened at 8:47 PM with Councillor Woo in the Chair. - 7 - Planning and Development Committee Minutes June 27, 2016 11 Planning Services Department Reports 11.1 PSD-047-16 An Application by W.E. Roth Construction Limited to Add a (H) Holding Provision to the Agriculturally Zoned Lands at 8318 Maynard Road Resolution #PD-111-16 Moved by Councillor Partner, seconded by Councillor Traill That Report PSD-047-16 be received; That the proposed application for Rezoning ZBA 2016-0012 submitted by W.E. Roth Construction Limited be approved; That the Zoning By-law Amendment be approved as contained in Attachment 1 to Report PSD-047-16; That once conditions contained in the Official Plan and Zoning By-law with respect to the removal of the (H) Holding Symbol are satisfied, including the preparation of an Archaeological Study for land to be used for residential purposes, 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-047-16 and Council’s decision; and That all interested parties listed in Report PSD-047-16 and any delegations be advised of Council’s decision. Carried 11.2 PSD-048-16 An Application by Lesle Gibson for Removal of (H) Holding Symbol 3238 Concession Road 3, Clarke Resolution #PD-112-16 Moved by Councillor Partner, seconded by Councillor Hooper That Report PSD-048-16 be received; That the Application to remove the (H) Holding Symbol submitted by Lesle Gibson be approved as contained in Attachment 1 to Report PSD-048-16; That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-048-16 and Council’s decision; and That all interested parties listed in Report PSD-048-16 and any delegations be advised of Council’s decision. Carried - 8 - Planning and Development Committee Minutes June 27, 2016 11.3 PSD-049-16 Proposed Amendment Draft Approval for Far Sight Investments Ltd. Resolution #PD-113-16 Moved by Councillor Hooper, seconded by Mayor Foster That Report PSD-049-16 be received; That the Amendment to Draft Plan of Subdivision S-C-2005-0002 (Far Sight Investments Ltd.) be approved subject to conditions as contained in Attachment 1 to Report PSD-049-16; That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-049-16 and Council’s decision; and That all interested parties listed in Report PSD-049-16 and any delegations be advised of Council’s decision. Carried 11.4 PSD-050-16 Amendment to Draft Approval for 2408406 Ontario Inc. (Fourteen Estates) for 28 Hamlet Residential Lots in the Hamlet of Newtonville Staff noted that there was a change to the recommendations contained in Report PSD-050-16, where extension of the Draft Plan of Subdivision should be October 27, 2018 not October 27, 2016. Resolution #PD-114-16 Moved by Councillor Partner, seconded by Councillor Traill That Report PSD-050-16 be received; That Council supports revising the park site to a 0.62 hectare site on the west side of Street “A” and taking cash-in-lieu of parkland for the balance of the developer’s obligation; That extension to Draft Approved Plan of Subdivision 18T-87083, as amended to October 27, 2018 be supported; That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-050-16 and Council’s decision; and That all interested parties listed in Report PSD-050-16 and any delegations be advised of Council's decision. Carried - 9 - Planning and Development Committee Minutes June 27, 2016 12 New Business – Consideration 12.1 Request that the Region of Durham Provide Sanitary Service along Highway 2 from Sandringham to Courtice Road Resolution #PD-115-16 Moved by Councillor Cooke, seconded by Mayor Foster Whereas Highway #2 is a Regional Road and Regional Corridor through Courtice and is envisioned as a key area to provide density and variety of housing options that are currently very limited in Clarington; and Whereas to develop the area between Sandringham and Courtice Roads, as envisioned in the Region’s Official Plan and the regionally approved Courtice Main Street Secondary Plan, the existing residential lots will need to be amalgamated into development blocks and serviced with sanitary sewers which presents a significant impediment to redevelopment; and Whereas sanitary sewers are a necessary pre-cursor to redevelopment and are within the exclusive jurisdiction of the Region; and Whereas unless Regional sanitary services are installed within this portion of the Regional Corridor, economic development of the corridor as envisioned in the approved Regional and local planning documents and Courtice Community Improvement Plan cannot be achieved; Therefore be it resolved that the Municipality of Clarington requests that the Region of Durham provide sanitary service along Highway 2 from Sandringham to Courtice Road to assist with spurring the economic development of this corridor as envisioned by directing Regional staff to take all steps necessary to undertake such sanitary sewer work as a local improvement in accordance with Ontario Regulation 586/06 or any other applicable legislation to ensure the construction of such work and recovery of all costs for such work from the benefitting landowners. Carried 12.2 Preserving Trees as Part of the Planning Process Resolution #PD-116-16 Moved by Councillor Neal, seconded by Councillor Partner That Staff be directed to provide a report to Committee in September, 2016 as to how we can preserve trees on a non-woodlot sized lots as part of the planning process. Carried - 10 - Planning and Development Committee Minutes June 27, 2016 12.3 Options for Retaining an Air Quality Expert to Interpret Stack Test Monitoring Resolution #PD-117-16 Moved by Councillor Neal seconded by Councillor Cooke That Staff be directed to report back to Committee in October, 2016 on options for retaining an air quality expert with expertise recognized in North America to assist Council with interpreting the ambient air and stack test reports for the Energy From Waste Facility. Carried 13 Unfinished Business There were not items considered under this section of the Agenda. 14 Confidential Reports 14.1 PSD-051-16 Courtice Waterfront Land Acquisition 14.2 PSD-052-16 Appeal to the Ontario Municipal Board of a Decision of the Committee of Adjustment of November 5, 2015 Closed Session Resolution #PD-118-16 Moved by Mayor Foster, seconded by Councillor Neal That, in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing the following:  A proposed or pending acquisition or disposition of land by the municipality or local board; and  A matter that deals with litigation or potential litigation, including matters before administrative tribunals, affecting the municipality of local board. Carried Rise and Report The meeting resumed in open session at 10:18 PM with Councillor Woo in the Chair. Councillor Woo advised that two items were discussed in “closed” session in accordance with Section 239(2) of the Municipal Act, 2001 and one resolution was passed on a procedural matter and two resolutions were passed to provide direction to staff. - 11 - Planning and Development Committee Clarington Minutes June 27, 2016 15 Adjournment Resolution #PD-119-16 Moved by Councillor Partner, seconded by Councillor Traill That the meeting adjourn at 10:20 PM. Carried Chair Deputy Clerk - 12 -