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HomeMy WebLinkAbout09/14/1995 (special) . . . Special Council Minutes PRAYERS ROLL CALL Present Were: Also Present: MUNICIPALITY OF CLARINGTON September 14, 1995 Minutes of a special meeting of Council held on Thursday, September 14, 1995, at 9:00 a.m., in the Council Chambers Councillor Hannah led the meeting in prayer. Mayor D. Hamre Councillor A. DresJinski Councillor C. Elliott (attended the morning session from 9:10 until 10:20 a.m.) Councillor L. Hannah Councillor M. Novak Councillor P. Pingle Councillor D. Scott Chief Administrative Officer, W. H. Stockwell Parks and Cemetery Superintendent, J. Cameron Fire Chief, M. Creighton Manager of Strategic Planning, D. Crome Treasurer,~. ~arano Senior Planner, Development and Review Branch, C. Pellarin Senior Planner, Strategic Planning, J. Szwarz Director of Public Works, S. Vokes Director of Planning and Development, F. Wu Clerk, P. Barrie Mayor Hamre advised that the Special Council Meeting was being held to hear submissions on the Clarington Draft Official Plan. She advised that the following time table would be adhered to: Thursday, September 14, 1995 - 9:00 a.m. - 12:00 p.m. - Urban Boundary Issues - 1:00 p.m. - 4:30 p.m. - Bowmanville and Orono Issues - 7:00 p.m. - 10:00 p.m. - Other Issues Friday, September 15, 1995 - 9:00 a.m. - 12:00 p.m. - Courtice Issues - 1:00 p.m. - 2:30 p.m. - Newcastle Village and Rural Issues After hearing the delegations, Council will recess until Monday, September 25, 1995, at which time Report PD-88-95 will be considered. DECLARATIONS OF INTEREST Councillor Novak made a declaration of interest with respect to those individuals addressing Deferral Area 6 of the Draft Official Plan, vacated her seat and refrained from discussion on the matter. Councillor Novak indicated that she resides in the subject area. . . . Special Council Minutes DELEGATIONS - 2- September 14, 1995 Libby Racansky, 3200 Hancock Road, Courtice, LIE 2MI, indicated that it is practically pointless to discuss the development boundary of Clarington, specifically the boundary of the North Courtice Area when every five years there are new demands for increase in population levels and in the area of land being purchased, traded or sold for the purpose of development. She indicated that a Watershed Study is required to assess the impacts of development and determine what can in fact be developed. Referring to Report PD-88-95, Ms. Racansky suggested that Recommendation #3-1 should read: "THAT the Official Plan require the preparation of Watershed and Subwatershed Plans rather than Master Drainage Plans prior to the approval of plans of subdivision or other Urban Development application,lI She also stated that Recommendation #3-2 should refer to the FarewelllBlackwell Creek rather than just to Farewell Creek. Gary Templeton, Templeton-Lepek, 9030 Leslie Street, Suite 227, Richmond Hill, L4R IG2, addressed Council on behalf of Schickedanz Brothers, the owners of approximately 114 acres of land located between Concession Street and Highway 2, immediately west of Lambs Road. Mr. Templeton indicated his client's support of the lands being included in the Urban Area Boundary, however, requested that the 3Y, acres located in the northwest corner of Lambs Road and Highway 2 be designated as commercial property. He indicated that this area is physically separated from the remainder of the property by a flood plain and is surrounded by commercial/institutional uses. Councillor Novak made a declaration of interest with respect to the delegation of Kerry Meydam, vacated her chair and refrained from discussion on the subject matter. Councillor Novak indicated that she resides in the area of Deferral Area #6, the subject of the delegation. Kerry Meydam, 3828 Trulls Road, Courtice, LIE 2L3, indicated support for the Draft Clarington Official Plan. She stated that at this time there is no need or justification for the lands known as Deferral Area #6 to be included in the Urban Area Boundary. By doing so would only impact the water problems presently being experienced by the surrounding neighbours. Bob Stephenson, 170 Given Road, Newcastle, LIB IL9, addressed Council on behalf of himself and his father, the owners of parts of Lots 30 and 31, Newcastle Village. Mr. Stephenson suggested that encouraging growth westerly from Rudell Road to Wilmot Creek would be better planning than jumping north of the railway line, as recommended by staff. Mr. Stephenson stated that encouraging the growth westward would make better use of the community facilities and would alleviate breaking up approximately 300 acres of agricultural land located north of the Village. Councillor Novak made a declaration of interest with respect to the delegation of Audrey Andrews, vacated her chair and refrained from discussion on the subject matter. Councillor Novak indicated that she resides in the area of Deferral Area #6, the subject of the delegation. . . . Special Council Minutes DELEGATIONS - 3- September 14, 1995 Audrey Andrews, 3612 Trulls Road, Courtice, LIE 21,3, requested Council to include Deferral Area #6 in the Urban Area Boundary. Ms. Andrews stated that the completion of the community is important as it will enable residents to enjoy thc benefits of full municipal water and sanitary sewer services, a neighbourhood park, an elementary school, local commercial shopping opportunities, sidewalk, street lights, improved fire protection, reduced dwelling fire insurance rates and accessibility to natural gas services. In her opinion, the completion of this community is an infilling situation. John Genest, MGP, 140 Renfrew Drive, Suite 201, Markham, L3R 6B3, appeared before Council on behalf of Amberglen Developments Inc. and the Selby family, owners of most of the lands in the North Village Neighbourhood east of Mill Street, Newcastle. He indicated that his clients take partial comfort in the recommendation to bring a portion of the subject lands within the 2016 Urban Area Boundary, however, he stated that the proposed area within the boundary is insufficient. Mr. Genest provided calculations showing that approximately 129 additional hectares are required to bring the Municipality's Official Plan to within five years of the Regional Official Plan's populations targets. On this basis, he is requesting that the whole of the 113 hectare block bounded by the CPR Tracks, Mill Street, the Third Concession and Arthur Street within the North Village Neighbourhood be brought within the 2016 urban boundary. He stated also that he is in the process of completing a Servicing Feasibility and Cost Analyst for the Urban Expansion Lands in Newcastle Village. This study concludes that initially expanding services northward has more merit then expansion to the west. Peter Smith, Bousfield Dale-Harris, 3 Church Street, Suite 200, Toronto, M5E 1M2, addressed Council on behalf of Price Waterhouse, receivers for the former Bramalea lands. Mr. Smith indicated support of the Draft Official Plan and the inclusion of the Port of Newcastle Lands in the Urban Area Boundary. He stated that the receivers are actively marketing the property and have received an offer for sale which is expected to close in the near future. The inclusion of the subject lands in the Urban Area Boundary gives the municipality an opportunity to open accessibility to the Lake Ontario shoreline. Mario Veltri, 68 King Street East, BowmanviIIe, LIC 3X2, addressed Council as a part owner of lands located north of Concession Road 3 between Regional Road 57 and Liberty Street. Mr. Veltri indicated pleasure with the recommendation to include these lands in the Urban Area Boundary, however, stated that at some later date it would be appropriate for the property in the northeast corner of Concession Road 3 and Regional Road 57 to be zoned commercial. Councillor Novak made a declaration of interest with respect to the delegations of Elena Racansky, David Smith and David Greenspan, vacated her chair and refrained from discussion on the subject matter. Councillor Novak indicated that she resides in area which is the subject of the three delegations. . Special Council Minutes DELEGATIONS . . - 4- September 14, 1995 Elena Racansky, 3200 Hancock Road, Courtice, L1E 2M1, stated that the Region designating the northern section of the HancocklCourtice Woods as living space and the Municipality of Clarington following suit contradicts the original 1976 Regional Plan which stated that "Urban Development would be restricted from areas not desirable for development including lands serving important natural features such as aquifers, headwater areas of streams, habitats for antagonist floral and fauna and lands containing significant natural features such as vegetation, watercourses or unique topographic features." Including this area in the Urban Area Boundary puts one of the highest sensitive areas at risk. Doing so shows a lack of regard to the residents and a lack of respect for the environment and does not follow the Provincial Policies for maintaining water quality/quantity since the area contains aquifers and headwaters. She is hoping that Council recognizes the importance and validity of these statements and takes them into account when releasing the final version of the plan. Councillor Dreslinski chaired this portion of the meeting. David Smith, Fraser & Beatty, 1 First Canadian Place, Box 100, 39th Floor, Toronto, M5X 1B2, addressed Council on behalf of Courtice Heights Development and indicated his client's support of the recommendation contained in the Draft Official Plan to include his client's land holdings in the Urban Area Boundary. David Greenspan, 131 Bloor Street West, Suite 1201, Toronto, M5S 1S3, addressed Council on behalf of his clients Tonno, Devesceri and Witzke and requested that their land holdings be included in the Urban Area Boundary. Mr. Greenspan indicated that this is a small amount of land which will have a small environmental and financial impact on the municipality. The property is easily serviceable and his clients will undertake their proportionate share of the Subwatershed Study. Kevin Tunney, Tunney Planning Inc., 340 Byron Street South, Suite 200, Whitby, L1N 4P8, addressed Council on behalf of 829143 Ontario Limited. His client is the owner of a 42 acre parcel of property located at the southeast corner of Bloor Street and Prestonvale Road which has been designated as a Community Park in the Draft Official Plan. This designation would result in a potential sterilization of his client's property. It is noted that a small sliver of land running parallel to Bloor Street between Bloor Street and Highway 2 is proposed to be added to the Urban Area Boundary despite servicing uncertainties which may limit the development potential of the property. It is Mr. Tunney's view that it is more appropriate that his client's lands currently proposed for a Community Park designation and lands north of Bloor Street be added to the interim Urban Area Boundary. His client also owns a 65 acre parcel of property proposed for development as part as a Neighbourhood Plan. He concurs with the recommendation on Map 4 of the Official Plan to include these lands within the Urban Boundary. Councillor Novak made a declaration of interest with respect to the delegation of Harold Witzke, vacated her chair and refrained from discussion on the subject matter. Councillor Novak indicated that she resides in the area which is the subject of the delegation. . . . Special Council Minutes DELEGATIONS RECESS - 5- September 14, 1995 Harold Witzke, R.R. #3, Bowmanville, LIC 3K4, addressed Council on behalf of his family. He indicated that when Timberlane was built the farming operation run by his family was cut by 80 percent because they could no longer access the creek to irrigate their fields. In order to make up for the lost income, they were forced to add more greenhouses. The family now needs more water to maintain its current operation. Mr. Witzke requested that Council include Deferral Area #6 in the Urban Area Boundary to allow for a guaranteed source of water supply in the area. Resolution #C-633-95 Moved by Councillor Hannah, seconded by Councillor Scott THAT Council recess for 15 minutes. "CARRIED" The meeting reconvened at 10:45 a.m. Mayor Hamre resumed the chair. Stephen Selby, 3130 Pollard Road, Newcastle, addressed Council as a land owner in Newcastle Village and a member of the three generation farming family. Mr. Selby stated that a land base is required in order to support the livestock base of the farming operation. He indicated support for the recommendations contained in the Draft Official Plan designating a portion of the lands north of the track as a part of the Urban Area Boundary, however, requested that the boundary be extended to include all of his holdings. Councillor Novak made a declaration of interest with respect to the delegation of Stan Racansky, vacated her chair and refrained from discussion on the subject matter. Councillor Novak indicated that she resides in the area which is to be the subject of the delegation. Stan Racansky, 3200 Hancock Road, Courtice, LIE 2Ml, stated that the quality of life in Clarington will be approved if Council approves the majority of the recommendations contained in the Draft Official Plan. He is concerned however that the forested seasonal wetland located at the end of Hancock Road has becn omitted from maps prepared for the reports related to the 3C Development and the expansion of this development has been proposed in a most sensitive area. David Davidson, R.R. #1, Bowmanville, Lie 3K2, indicated that it would make good planning sense for Highway 407 to be recognized and included in the Official Plan. Resolution #C-634-95 Moved by Councillor Dreslinski, seconded by Councillor Hannah THAT Council recess until 1:00 p.m. "CARRIED II . . . Special Council Minutes DELEGATIONS - 6 - September 14, 1995 The meeting reconvened at 1:00 p.m. Mrs. Cornish, 3425 Regional Road 57, Bowmanville, LIC 3K2,objects to the designation of her property as greenspace. The matter of a woodlot being cleared from the property is presently before the courts and Ms. Cornish is confident that a court order will not be made. She requested that a decision on this property be delayed until such time as this matter has been dealt with. Kelvin Whalen, 1029 McNicoII Avenue, Scarborough, MIW 3W6, addressed Council on behalf of the Kaitlin Group. Mr. Whalen indicated that he does not agree with the idea of deliberately curtailing residential development in an attempt to attract commercial and industrial development. He stated that commercial and industrial development will automatically follow the residential development. In correspondence dated January 13, 1995, Mr. Whalen requested that the property located in the northwest corner of Highway 2 and Green Road be designated to allow for a business park to be developed. The subject site is approximately 18 to 20 acres in area. Bob Morrison, Group 5, Box 25, R.R. #2, Bowmanville, LIC 3K3, addressed Council pertaining to that section of the Official Plan as it relates to cultural facilities. He agrees with the goals set out in the plan, however, after reviewing the plan has found no specifics relating to cultural goals. He indicated that Clarington is fortunate in having excellent libraries and the Mill Gallery but it lacks suitable public facilities for the performing arts, namely, music and theatre groups. He stated that what is needed is an area with good sound quality, seating for a minimum of 400 people, ancillary areas such as meeting rooms, practice and dressing rooms, storage, adequate parking, raised stage with curtains and controlled lights. Also desired is a band shell in the Town square or in a park for seasonal use at civic functions. Bas VanAndel, 429 Lakeshore Drive, Port Perry, L9L IN7, addressed Council on behalf of 608607 Ontario Limited. Mr. VanAndel stated that the residential zoning on the property located on the northeast corner of Liberty Street and Baseline Road is inappropriate and he wishes that it remain as C5. Charlie Trim, Goodyear Canada Inc., 45 Raynes Avenue, Bowmanville, LIC 1J3, addressed Council with Goodyear's concerns regarding the Goodyear pond and the Bowrnanville creek. Mr. Trim indicated that Goodyear has always used the pond water for cooling certain pieces of their equipment at a minimal cost. Since the collapse of the Vanstone Dam upstream it has become necessary to regularly dredge the pond at an annual cost of $26,000. Because the use of the creek water is now limited, Goodyear is purchasing water from the Regional Municipality of Durham at a large expense. Mr. Trim indicated that there must be a sound Upstream Plan, a sound Upstream Development Plan, a Streambank Erosion Program and a Watershed Plan put in place to assist Goodyear with their difticulties. Erylin Strond, 89 Little Avenue, Bowmanville, LIC 1J9, indicated that there is a segment of the population which would prefer to have passive parks rather than the recreational parks which are presently being developed within the municipality. . . . Special Council Minutes DELEGATIONS RECESS DELEGATIONS - 7- September 14, 1995 Gail Waisglass, P.O. Box 401, Whitby, LIN 5S4, addressed Council with respect to the Port Darlington Secondary Plan Area and indicated support for the recommendations contained in the Draft Official Plan. Douglas Lomas, 103 Cove Road, Bowmanville, LIC 3K3, advised that he resides beside property purchased by the municipality on West Beach Road. The building was demolished, the weeds have been cut and benches have been installed on the property. This has now become a hangout for the kids in the area and Mr. Lomas advised Council that if it is their intention to purchase this area and have it back in the town's ownership it will be necessary to place park wardens there 24 hours a day, 7 days per week. Resolution #C-635-95 Moved by Councillor Dreslinski, seconded by Councillor Novak THAT Council recess until 7:00 p.m. "CARRIED" The meeting recessed at 1:50 p.m. and reconvened at 7:00 p.rn. Resolution #C-636-95 Moved by Councillor Scott, seconded by Councillor Pingle THAT Councillor Dreslinski, liaison for the Planning and Development Department, chair the reconvened special meeting of Council on September 15, 1995 in the anticipated absence of Mayor Hamre. "CARRIED" Professor James Lovekin, 3 King Street West, Box 189, Colborne, KOK ISO, indicated concurrence with the designation of his lands by the Municipality of Clarington and the Regional Municipality of Durham. He indicated that the Provincial Government's stand cannot be supported. Robert Merrin, 51 Tnrnberry Crescent, Courlice, LIE lA4, Chairperson, Building Committee, St. Anthony of Padua Parish, stated that, in order to accommodate the building of a church and rectory and supply sufficient parking, the parish will need to acquire five acres of land. Mr. Merrin requested that the building of churches be allowed in general agricultural areas as it would be more affordable. John Foster, Durham Wetlands and Watersheds, 288 King Street East, Oshawa, LlH lA4, indicated that the basis of the plan is flawed in that it only plans for development and not for the environment. Mr. Foster reiterated his concerns as outlined in his earlier submission dated October 28, 1994. . Special Council Minutes DELEGATIONS . . - 8- September 14, 1995 Nlva Rowan, RR #1, NewtonviIIe, LOA 110, advised that she is addressing Council on behalf of STORM, a Coalition of 15 citizens advocacy groups from the across the Oak Ridges Moraine which are dedicated to permanent long range protection of the Moraine. Ms. Rowan indicate that STORM endorses most of Recommendations 3-1 to 3-15, in particular 3-1, which requires the preparation of subwatershed plans prior to the approval of plans for subdivision and 3-3, that the Municipality supports the participation of multi stakeholders in the preparation of these plans. Also, they strongly endorse Recommendation 3-5, which states that the Municipality will develop a monitoring system to evaluate cumulative impacts on the natural environment. Ms. Rowan indicated concern with the Ministry of Natural Resources' comment that aggregate extraction should be allowed in the Ganaraska Headwaters and that sections protecting the watershed and forest be removed in the draft official plan. Recommendation 6-4 is heartly endorsed by the coalition, however, she stresses that the headwaters of the Wilmot and Bowrnanville Creeks, which also rise on the Moraine and have large aggregate deposits in their headwaters, should be equally considered for their ecological and environmental significance. Recommendation 6-5 regarding golf courses on the Moraine, is supported by the coalition. Ms. Rowan urged Council and staff to adjust the Moraine boundary on Map Al which presently excludes the Wilmot Creek Headwaters and shows a different boundary than the Durham Regional Official Plan. Glenda Gels, 311 Cove Road, P.O. Box 36, Bowmanville, LIC 3K3, indicated concern over the term "shoreline hazard zone" which is used to describe the shoreline at Cedar Crest Beach. She indicated that the erosion in this area has been affected by human intervention and particularly the construction of a berm. She requested Council's assistance in facilitating the process of beach remediation. She stated that it would be helpful for the residents in the area to have an understanding of the short- and long-term intent of the Municipality in acquiring property for the development of public beach. Maureen Remington, 141 Cedar Crest Beach, BowmanviIIe, LIC 3K3, requested that the restrictions in the recommended shoreline hazard zoning be rejected. The restrictions, supposedly to keep the residents safe, are as follows: they cannot build a garage, cannot sever a lot, cannot add a bedroom and cannot live at the beach year round. She requested that the present zoning of shoreline residential be maintained with its working safety precautions in place. This will ensure flexibility, fairness, common sense and consideration for the person living on the shoreline who is applying for a building permit. Ted Remington, 141 Cedar Crest Beach, BowmanviIIe, LIC 3K3, indicated that the statement in the Draft Official Plan that "Council shall adopt a public land acquisition program for the water front" seems to be aimed at devaluing properties on the lake front in order for the Municipality to acquire the lands inexpensively. The restrictions of the proposed new zoning called "hazard zone" will further devalue the property. With respect to public access to the beach, Mr. Remington stated that much of the area is a barrier beach comprised of large stone on the land and an undertow in the water which make walking and swimming very difficult. He stated that the season is very short and questioned the number of people who will use this beach and whether it warrants the expense and devastation and heartbreak of owners as they lose their homes. . . . Special Council Minutes DELEGATIONS RECESS - 9 - September 14, 1995 David Ashcroft, 63 Cedar Crest Beach, BowmanviIIe, LIC 3K3, stated that the Town needs to show a positive regard and appreciation for its waterfront community. He believes it needs to take every possible step to preserve the unique character and encourage the community to develop in a positive way. Mr. Ashcroft indicated concern with the increased noise level in the area, the construction of silos which create visual pollution along the shoreline, and the construction of a dock which starves Cedar Crest Beach of the necessary sediment to maintain itself. Mr. Ashcroft urged Council to not relabel the area as hazard zone and to not apply severe building restrictions which would drive the property value down and mortgage and insurance rates up. Norm LeBlanc, 63 Cedar Crest Beach, BowmanviIIe, LIC 3K3, indicated pleasure that the Planning Department is recommending lengthening the period in which someone can build a home which has been destroyed by fire, etc. Also, allowing expansion to houses based on a one time 20% addition, shows a willingness to attempt to respond to people's concerns, however, many of the homes in the area are very small and a 20 percent expansion would not amount to much useable space, and Mr. LeBlanc requested that this amount be increased. He recognizes that there are some risks to people living on the shore of Lake Ontario, however, the previous Council's rezoning of the area to shoreline residential encouraged people to move there. This fact, plus the fact that the erosion problem has accelerated with the construction of the berm, results in the residents of the Cedar Crest Beach Road area being encouraged on one hand but, at the same time, put at a risk on the other hand. By declaring the area a hazard zone and rezoning it as such, would drive the property values down and drive mortgage and insurance rates up. He urged that Council not do this. Diane Lemieux, Project Manager, 63 Medulla Avenue, Etobicoke, M8Z SL6, addressed Council requesting the recognition of an existing landfill in Part Lots 11 and 12, Concession 3, Clarke. She indicated that the use is legally recognized by the Province of Ontario and Laidlaw now wishes it to be recognized in the Official Plan. Resolution #C-637-95 Moved by Councillor Dreslinski, seconded by Councillor Elliott THAT the Council recess for 10 minutes. "CARRIED" Katherine Guselle, R.R. #1, NewtonviIIe, LOA lJO, addressed Council on behalf of SAGA (Save the Ganaraska Again) and indicated support for the Draft Ofticial Plan. She indicated that her group appreciates the environmental tone of the plan. Ms. Guselle specifically addressed Section 2, Growth Management, Section 3, Environmental Issues and Section 6, Rural Issues. Jim Slylield, R.R. #2, Bowmanville, LIC 310, addressed Council on behalf of the Committee of Concerned Citizens regarding the proposed Highway 407. Mr. Slytleld stated the following: . Special Council Minutes DELEGATIONS . . - 10- September 14, 1995 . The proposed highway will have an irreversible impact on our prime agricultural land and the villages north of Taunton Road . The proposed highway will cut Clarington in half by creating a permanent eight-lane barrier . The technically preferred route will have the greatest social and environmental impacts on our community . The proposed highway will inevitably lead to huge development pressures creating for Clarington a commuter-based economy that is inconsistent with other aspects of the Draft Official Plan . Hundreds of millions of dollars could be better allocated if Clarington was spared the full impact of the proposed highway Stan Racansky, 3200 Hancock Road, Courtice, LIE 2M 1, indicated that in both the Regional and Municipal plans and draft plans, stress is placed on the protection of environmentally sensitive areas. The Provincial Wetland Policy Statement serves to protect our wetlands, however, Highway 407 link's preferred route runs directly through major open space, environmentally sensitive areas, wetlands and woodlots. With the environmental impact and the number of residents and businesses to be displaced, the chosen route could hardly be preferred from any standpoint. Christine Read, 49 West Beach Road, BowrnanviIIe, LIC 3K3, addressed Council with concerns regarding the restriction placed on building permits to be issued in the proposed Shoreline Hazard Zone. She stated that the restrictions give negative connotations to the area and will devalue the properties. The opportunity to improve and sell homes will be eliminated if the restrictions are put in place and the restrictions encourage unlawful and unsafe use of the buildings. She requested that Council remove the restrictions. Ms. Read respects the Municipality's need for public access to the beach, but not at the expense of the property owners in the area. Debbie Houston, 137 Cedar Crest Beach Road, Bowrnanville, LIC 3K3, advised Council that designating the beach area as Shoreline Hazard Zone, is manipulating current property values by maintaining a cloud of controversy and conflict around the properties. She indicated that the zoning would increase insurance premiums, if the properties are considered insurable at all, and if insurance is not granted neither would mortgage approvals be forthcoming. Robert Houston, 137 Cedar Crest Beach Road, Bowrnanville, LIC 3K3, stated his opinion that the Municipality intends to change the zoning of the shoreline properties in an attempt to devalue property values and therefore, make property acquisitions less expensive for the Municipality. The changes in zoning will affect mortgage and home insurance rates and probably cause some residents to have to relocate in the not too distant future. He requested that the present zoning of Residential Shoreline be kept in place and stated that he has no problem signing any documentation absolving the Municipality of any responsibility should his property experience flooding or erosion problems. He also requested that Clause 5.3 of the proposed Official Plan in regard to future expansions or additions of buildings or structures in the area, be eliminated. . . . Special Council Minutes DELEGATIONS RECESS - 11- September 14, 1995 John Roxborough, P.O. Box 135 Station Main, 133 Cove Road, BowrnanviIIe, LIC 3K9, advised Council that he received a building permit last year after satisfying the requirements of the Central Lake Ontario Conservation Authority, Durham Region Health Unit, Committee of Adjustment and the Planning and Development Department. He questions if these systems of checks and balances could be satisfied as recently as 1994, how can the Municipality expect the residents to accept a sudden decision to zone the property Shoreline Hazard under the guise of public safety and health issues. He requested that Council carefully consider the impact of labelling the area a Hazard Zone. Mr. Bob Morrison, Group 5, Box 25, R.R. #2, BowrnanviIIe, LIC 3K3, the owner of 97 Cedar Crest Beach Road, Bowrnanville, indicates that he finds the proposal to designate the beach area as Shoreline Hazard Zone to be unjustified and onerous. He feels that the area should be viewed as a valid residential community subject to normal restrictions. He stated that the proposal to limit increases to existing buildings to a one-time maximum of 20 percent or 30 square metres, whichever is less, unrealistic. This severely restricts improvement of smaller homes and has an adverse affect on the desirability of the area and property values. He stated that a more reasonable approach would be to specify minimum and maximum square footage with respect to lot size. Gordon White, Group 2, Box 21, R.R. #2, BowrnanviIIe, LIC 3K3, suggested that the Waterfront Regeneration Trust should designate the Cove Road area as a special study area. He provided a slide presentation to Council indicating that the water levels of the lake have an unpredictable cycle. The level is now at the low end of the cycle and he requested that Council encourage the Waterfront Regeneration Trust to bring the St. Mary dock issues and erosion issues to the forefront before the water levels rise again. Resolution #C-638-95 Moved by Councillor Dreslinski, seconded by Councillor Hannah THAT Council recess until 9:00 a.m., September 15, 1995. "CARRIED" The meeting recessed at 10: 15 p.m. . . . Special Council Minutes ROLL CALL Present Were: Absent: Also Present: MUNICIPALITY OF CLARINGTON September 15, 1995 Minutes of a Reconvened Special Meeting of Council held on September 15, 1995, at 9:00 a.m. in the Council Chambers Councillor A. Dreslinski Councillor C. Elliott Councillor L. Hannah Councillor M. Novak Councillor P. Pingle Councillor D. Scott Mayor D. Hamre (On Municipal Business) Chief Administrative Officer, W. H. Stockwell Director of Community Services, J. Caruana Fire Chief, M. Creighton Manager, Strategic Planning, D. Crome Treasurer, M. Marano Senior Planner, C. Pellarin Senior Planner, J. Szwarz (attended the meeting at 9:08 a.m.) Director of Public Works, S. Vokes Director of Planning and Development, F. Wu Clerk, P. Barrie DECLARATIONS OF INTEREST Councillor Dreslinski chaired the meeting. DELEGATIONS Councillor Novak made a declaration of interest with respect to Deferral Area No.6 of the Draft Official Plan, vacated her chair and refrained from discussion on the subject matter. Councillor Novak indicated that she resides in the subject area. Stan Racansky, 3200 Hancock Road, Courtice, LIE 2Ml, requested that Council establish a Courtice Conservation Area which would include the existing woodlot of Trull's Woods, Courtice Woods, lands of the upper part of the 3C area and incorporate all sensitive environmentally protected lands, wetlands and lands that were stripped of forest. He stated that watershed and subwatershed studies determine what should be conserved, preserved, protected and reforested, what redesignation/rezoning may follow or be acceptable and what may be interpreted in the Durham Regional Ofticial Plan. Ivan Perun, RR #1, Hampton, WB lJO, indicated his objection to the change of moving the neighbourhood shopping centre from the west side of Courtice Road to the east side, approximately 2,000 feet north of Nash Road. He indicated that this change will substantially affect both the usage and the value of his property. . . . Special Council Minutes DELEGATIONS - 2- September 15, 1995 Cliff Curtis, 3280 Tooleys Road, Courtice, LIE 2K7, objected to the proposal to redesignate a portion of his land from residential to woodlot and to locate a separate school in an established residential area immediately adjacent to his property. He believes that the location of a separate school site on the west side of Tooleys Road is ill conceived and impractical. He stated that the Separate School Board has recognized the limitations of the proposed site and have requested that the minimum site area requirements be increased and that the separate school be relocated to the Highland Gardens neighbourhood east of Farewell Creek, however, the Municipality continues to recommend the Tooley Road location ignoring the practical problems associated with locating a school there. Kerry Meydam, 3828 Trolls Road South, Courtice, LIE 2N2, stated her position that a watershed study should be undertaken before designation of Deferral Area No.6 is changed to living area. She has no objections to development taking place in the area provided it is in conformity with the results of the watershed plan. Bob Hann, Valiant Properties, 177 Nonquon Road, 20th Floor, Oshawa, LIG 3S2, advised Council that he will not be able to complete his project in the Courtice Central Area by the proposed date if it is necessary for him to go through a secondary plan. He indicated that he can cover all of the items requested in the secondary plan. Bryce Jordan, G.M. Sernas, 110 Scotia Court, Unit 41, Whitby, LIN 8Y7, addressed Council on behalf of Richard Gay Holdings the owner of 1-3/4 acres on the south side of Highway #2, fronting onto Trull's Road adjacent to the Main Central Area. Mr. Jordan requested that this property be included in the Main Central Area to allow for a commercial designation in the future. Councillor Novak made a declaration of interest with respect to the delegation of Mr. Witzke, vacated her chair and refrained from discussion on the subject matter. Councillor Novak indicated that she resides in the subject area. Mr. Witzke, R.R. #3, Bowmanville, LIC 3K4, addressed Council and reiterated the comments made by his son, Harold, on Thursday morning pertaining to water problems being experienced with the greenhouse operation. Donna Roka, 2236 Trnlls Road South, Courtice, LIE 2N8, advised Council that for the last eight years she has had no drinking water at her home. She requested that the residences at 2250, 2236 and 2212 be included in the urban area so that they will not have to wait a further 20 years to have drinking water at their homes. Walter Fracz, 2212 Trulls Road, Courtice, LIE 2N2, concurred with Mrs. Roka's comments and also requested to be included in the urban area. Councillor Novak made a declaration of interest with respect to the delegation of Fred Finlayson, vacated her chair and refrained from discussion on the subject matter. Councillor Novak indicated that she resides in the subject area. . . . Special Council Minutes DELEGATIONS - 3- September 15, 1995 Fred Finlayson, 14 Timberlane Court, Courtice, LIE 2H1, addressed Council representing the citizens of Timberlane, Prince Rupert and North Courtice, pertaining to the development of Deferral Area No.6. He expressed concerns of density, the effect on Farewell Creek, the lack of a protected public greenbelt buffer strip on the north boundary of the property, and the negative impact the development could have on all surrounding wells. He insisted that a proper watershed report be completed for the entire area before any decision is made. Lloyd Alger, 25 Prince Rupert Drive, Courtice, LIE 1ZS, addressed Council in opposition to the open space designation as he wishes to develop lots on the east side of Fices Road. Wayne Bolahood, Quantum Homes Ltd., 10 Mary Street Sonth, Oshawa, L1H 8M3, addressed Council with respect to the recommendation in the Draft Official Plan that the plan will be reviewed in five years. He understands the need for review, however, due to the size of his development at 1475 Highway #2, Courtice, and the current economic climate towards development of this size, he has concerns regarding the five year period and requested that Council consider a longer review time. Glen Easton, 314 Glenhenan Avenue, Toronto, M6P 2X3, addressed Council on behalf of Walter Schleiss, the owner of property located between Varcoe Road and Tooleys Road, north of Centre field Drive. Mr. Easton indicated disagreement with the designation of a woodlot in the area and stated that many years ago a residential designation was put in place. Two studies have been carried out on this site, both indicating that the area is not a significant woodlot and that development may take place in future. Councillor Novak made a declaration of interest with respect to the delegation of Gary Nemisz, vacated her chair and refrained from discussion on the subject matter. Councillor Novak indicated that she resides in the subject area. Gary Nemisz, 2 Lyndale Crescent, Courtice, LIE 2W7, addressed Council on behalf of his father Richard Nemisz, the owner of property located in Lots 29 and 30, Concession 4, north of Pebblestone Road, west of Courtice Road. Mr. Nemisz indicated that Land Use Map Al identifies the "general" location of the existing rural residential clusters, however, the exact limits of the cluster shall be detlned in the zoning by-law. Currently there are approximately 10 to 15 existing homes on the north side of Pebblestone Road, between Courtice Road and Trulls Road, and he requested that this land be included within the limits of the rural cluster when the zoning by-law is amended and brought into conformity with the Official Plan. Steven Kassinger, President, Oshawa Durham Home Builders Association, P.O. Box 26064, Oshawa, L1H lCD, advised Council that some of the Association's earlier concerns have been addressed in the Official Plan. They request, however, that Council consider the following when approving the final version of the Official Plan: . . . Special Council Minutes DELEGATIONS RECESS - 4 - September 15, 1995 . Inclusion of a policy to allow the proponent an option for the funding of capital works not within the 10 year capital forecast . Inclusion of a policy to allow consideration of the alternative development standards guidelines produced by the Minister of Housing and Minister of Municipal Mfairs . Deleting the requirements for sidewalks on both sides of local roads Mr. Kassinger also indicated that the Association disagrees with the following points: . Section 4.7.9 - The Association agrees with the recognition of variable setback zone requirements but disagrees with indicating a quantative minimum of 5 metres . Section 4.7.10 - If environmental impact studies are to be borne by the proponent, the Association feels that the proponent should retain the consultant who must be acceptable to the municipality and that terms of reference for such studies should be co-operatively established . Section 9.4.4 - The Association suggests that street townhouse developments should not exceed eight units per block as allowed for in the Ontario Building Code . Section 9.4.7 - The Association suggests that bonusing provisions should be available in the Official Plan for consideration rather than be discarded outright . Section 12.5.3 - The Association questions the allocation of no more than 20 residential lots within a five year period - is there a need to be so restrictive? . Section 19.7.3 - The Official Plan should not preclude the use of cul-de-sacs and the Association suggests a softening of the wording in this section Anthony BigIieri, Plantactics Group Limited, 15 Glenmount Park Road, Toronto, M4E 2M3, addressed Council on behalf of his clients, the owners of property located at the southwest corner of Prestonvale Road and Robert Adam Drive. The lands are located within the urban residential designation of the Draft Official Plan and Mr. Biglieri is seeking a medium density designation on the property. His clients' intention is to compliment the surrounding neighbourhood with an upscale medium density townhouse development. Resolution #C-639-95 Moved by Councillor Scott, seconded by Councillor Hannah THAT Council recess for 15 minutes. nCARRIEDlI . . . Special Council Minutes - 5- September 15, 1995 The meeting reconvened at 10:40 a.m. Councillor Novak made a declaration of interest with respect to the delegation of Elena Racansky, vacated her chair and refrained from discussion on the subject matter. Councillor Novak indicated that she resides in the subject area. Elena Racansky, 3200 Hancock Road, Courtice, LIE 2M 1, praised the staffs' recommendation for a new E.P.A. designation but stated that she is curious to see where it will be applied. She questioned whether our aquifers recharge/discharge areas and woodlots will be placed under this new designation or what protection they will receive. Ms. Racansky supports CLOCA's recommendation that woodlots would not be incorporated into residential lots and is glad to see the recognition of the significance of ground water preservation and that there are plans to require EIA's on less significant woodlots. She indicated that the wetland complex, Farewell Valley, Trull's Woods and CourticelHancock Woods, should be given the EPA designation in the Official Plan. Ms. Racansky hopes that the Municipality will support the planned watershed/subwatershed study. Bill Manson, WDM Consultants, 20 Clematis Road, Willowdale, M2J 4X2, addressed Council with respect to the Courtice HeightslHancock Neighbourhood and commented that he looks forward to the recommendations in the final Official Plan. Councillor Novak made a declaration of interest with respect to the delegations of David Greenspan, Fred Finlayson and Bill Creamer, vacated her chair and refrained from discussion on the subject matter. Councillor Novak indicated that she resides in the subject area. David Greenspan, 131 Bloor Street West, Suite 1201, Toronto, Ontario, M5S IS3, addressed Council on behalf of Mr. Tonno, Mr. Devesceri and Mr. Witzke, and indicated that he is attempting to understand whether the principle of a living area study is to be done prior to or after development. Mr. Greenspan requested Deferral Area No.6 in North Courtice be included in the 20 year urban boundary. Fred Finlayson, 14 Timberland Court, Courtice, LIE 2Hl, stressed that it is imperative that the watershed plan be done prior to any development taking place. Bill Creamer, D.G. Biddle & Associates, 96 King Street East, Oshawa, LIH IB6, addressed Council on behalf of Kiddicorp Investments Limited and indicated a discrepancy in population and density counts in Table 2 and Map E. He stated that the Draft Official Plan for the Westmore area designates six sites and he wishes to have further discussion with staff in order to reflect the densities of the area. S. S. Matharu, 11 Stanley Court, Unit #1, Whithy, LIN 8P9, addressed Council on behalf of Otto Provenzano, the owner of property located at 1678 King Street. He requested that his client's lands be included in the boundaries of the Courtice Main Central Area as the creek forms a natural boundary. Mr. Matharu considers it in keeping with the other main central areas and subcentral areas. The increase is marginal and would include existing commercial. . . . Special Council Minutes DELEGATIONS RECESS - 6- September 15, 1995 Bill Patterson, 1909 Bloor Street, East, R.R. #2, BowmanviIIe, LIC 3K3, requested that Council change the recommended designation of his land from Greenbelt. If this designation remains on his property, he will be unable to utilize his land for any purpose. Councillor Novak made a declaration of interest with respect to the delegation of Mike Petryshyn, vacated her chair and refrained from discussion on the subject matter. Councillor Novak indicated that she resides in the subject area. Mike Petryshyn, 1704 Pebblestone Road, Courtice, LIE 2LS, indicated that the Draft Official Plan recognizes an existing rural residential cluster north of Pebbles tone on the west side of Courtice Road. He agrees with this designation and would like to include Pebblestone Road from Courtice Road to Trull's Road. He states that this has been a residential area which has 12 existing homes and is already a residential cluster. Elena Racansky, 3200 Hancock Road, Courtice, LIE 2Ml, presented a submission from Pam Callus and Jim Osborne, which indicates their support for a low density development and zero commercial development in the Hancock neighbourhood, a watershed for the Hancock neighbourhood that would be undertaken before a plan for subdivision is given approval, and recommendations 3.9 and 3.10 regarding the preservation of woodlots. Resolution #C-640-95 Moved by Councillor Hannah, seconded by Councillor Elliott THAT Council recess until 1:00 p.m. "CARRIED" The meeting reconvened at 1:00 p.m. Tony Bernardo, Vice-President, Orono Fish and Hunt Club, advised Council that the club is located directly south of property on Concession Road 8, west of Wilmot Creek, on which Oceanfront Developments Limited wishes to create four hamlet residential lots. He stated that the club operates a government inspected shooting range of 29 stations and has received an exemption from the noise by-laws. They fear that a residential development on their northern boundary will lead to constant noise complaints to Council. He also stated that the club does not wish for the boundaries of the hamlet of Leskard to be expanded to include the property of the Orono Fish and Hunt Club. . . . Special Council Minutes DELEGATIONS - 7 - September 15, 1995 Phyllis Baker, 11 Cabnt Trail, Newcastle, LIB lA7, addressed Council on behalf of the Wilmot Creek Homeowners Association. She indicated support of the re-examination of the shoreline erosion limit boundaries shown on Map C of the Draft Official Plan, as well as support for Recommendations 5-1 through 5-5 on pages 64 and 65 of the Plan. She urged that proposals to place the waterfront trail adjacent to the shoreline or to provide any access to Lake Ontario through the Wilmot Creek property, continue to be denied. The property must remain as private property. Mrs. Baker indicated that the Homeowners' Association supports Ridge Pine Park's application for Phase VI to be recognized within the new Official Plan by increasing the unit allocation at Wilmot Creek to 960 from 867 and that the underlying residential designation allow Ridge Pine Park to build to conventional standards. Doug Taylor, 1610 Concession Road 7, EnniskiIlen, WB IHO, addressed Council representing the residents of Bradley's Corners and requested recognition as a rural residential cluster. At the time of their original presentation in April 1995, Mr. Taylor stated that they were advised to supply as much data as possible to support their request and enable an accurate evaluation of the request. After supplying a comparison of an already recognized cluster to apply the existing land use description, a petition signed by all residents in the immediate area and a land designation from Durham Region, the Clarington Planning Department still recommends that the area be zoned prime agriculture. He is requesting that Council re-evaluate the request for recognition as a rural residential cluster. Bill Manson, 20 Clematis Road, WillowdaIe, M2J 4X2, consultant for Walter Frank, the owner of the property south of Concession Road 8 west of Wilmot Creek proposed for the development of hamlet residential lots, advised Council that the subject property is located a fair distance from the Orono Fish and Hunt Club and he does not see a conflict between the development and the activities of the club. David Rice, Rice Capital, 17 Dean Street, Brampton, L6W IM7, indicated concerns with the Draft Official Plan as they pertain to the Wilmot Creek community. With regard to the development of the Phase VI area, Ridge Pine Park Inc. agrees with the original density increase of .75 units per hectare. This would result in a unit increase from 867 to 960 and a corresponding population increase to 1632 persons. Regarding the waterfront trail, Ridge Pine Park requests that the intent of the Council resolution supporting a trail alignment north of Wilmot Creek and not through the community be implemented in the Ofticial Plan. With respect to a residential designation on the lands, Ridge Pine Park wants to be clear in their understanding that while Wilmot Creek is recognized as special policy area C in the plan, that designation does not prevent standard residential construction techniques being used with such standard residential features as basements. Mr. Jack Eilbeck, 34 Southvale Drive, Toronto, M4G IG3, the owner of 626 Mill Street South, indicated concurrence with the recommendations to restrict building additions to a maximum of 30 square metres or 20% of the existing building in waterfront areas. . . . Special Council Minutes DELEGATIONS - 8- September 15, 1995 Michael McQuaid, Weir and Foulds, Box 480, 2 First Canadian Place, Toronto, M5X US, the Solicitor for Mosport Limited, proposed the following revised wording for Recommendation 6-2: "That the Draft Plan be clarified to specifically exclude country (estate) residential uses in major tourist and recreation nodes and that all other proposed residential uses be permitted only through Official Plan Amendment." Also, the following revised wording was recommended for Recommendation 6-3: "The Draft Policies be amended to provide for a general amusement and entertainment facility on the Mosport lands including such uses as motor vehicle racing, sporting activities, concerts, exhibitions and other fairground uses." He stated that this approach provides greater certainty for area residents and Mosport in understanding the nature of permitted uses and the process by which any changes would occur. Julius Derayter, PMG Planning Consultant for Mican Investments, the owner of 53 hectares of land located in Lots 17 and 18, Concession 7, north of Regional Road 9 and east of Highway 35/115, advised Council that his client has applied for a country residential subdivision consisting of 30 lots. He requested that the Draft Official Plan protect their interests in allowing this development to continue and indicated concern with the maximum number of country lots being set at 20 over a five year period. Ed Van Haverbeke, 85 King Street West, Newcastle, LIB lL2, stated that in his opinion, a medium density designation should be kept close to the downtown core in order that an Official Plan Amendment is not always necessary when an individual wishes to develop commercial property. The downtown core of Newcastle Village should be enlarged in the south as far as Emily Street. Bill Manson, 20 Clematis Road, WilIowdale, M2J 4X2, advised Council that he has had an opportunity to speak with the Orono Fish and Hunt Club and advised that if the four lots in the Village of Leskard are approved, the developer will have the purchasers put a note on title that they are familiar with the activities of the Orono Fish and Hunt Club. Michael McQuaid, Weir and Foulds, Box 480, 2 First Canadian Place, Toronto, M5X US, requested that Recommendation 5-7, which deals with lands owned by St. Marys Cement Company, be deferred until December 1995 when a further report will be forthcoming. John Genest, 140 Renfrew Drive, Suite 201, Markham, Ontario, L3R 6B3, advised Council that the engineer's report which he referred to at his delegation on Thursday, September 14, 1995, is now complete. He stated that the Ministry of Municipal Affairs has stated a clear need for the north Newcastle Village lands within the 30 year plan. Mr. Genest commented that it may be possible to solve the deferral issue in the near future. . . . Special Council Minutes RECESS - 9 - Resolution #C-641-95 Moved by Councillor Elliott, seconded by Councillor Hannah THAT Council recess until 8:00 p.m., September 25, 1995. "CARRIED" September 15, 1995