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HomeMy WebLinkAbout07/06/1998 THE MUNICIPALITY OF CLARINGTON . General Purpose and Administration Committee July 6, 1998 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, July 6, 1998 at 9:30 a.m., in the Council Chambers, ROLL CALL Present Were: Acting Mayor J. Schell Councillor J. Mutton Councillor M. Novak Councillor J. Rowe Councillor C. Trim Councillor T. Young Absent: Mayor D. Hamre (due to illness) Also Present: Chief Administrative Officer, W. Stockwell Director of Community Services, J. Caruana Solicitor, D. Hefferon (attended from 10:45 a.m. to II :45 a.m.) Deputy Fire Chief, B. Hesson Treasurer, M. Marano Director of Public Works, S. Vokes Director of Planning and Development, F. Wu Clerk, P. Barrie . Acting Mayor Schell chaired this portion of the meeting. DISCLOSURE OF PECUNIARY INTEREST There were no disclosures of pecuniary interest made for this meeting. MINUTES Resolution #GPA-416-98 Moved by Councillor Mutton, seconded by Councillor Trim THAT the minutes of a regular meeting ofthe General Purpose and Administration Committee held on June 22, 1998, be approved. "CARRIED" Councillor Mutton advised Committee that on Saturday, July 4, 1998, he attended at Don Cherry's in Courtice for the arrival of Sheldon Kennedy during his Skate Across Canada in support of victims of child abuse. Councillor Novak chaired this portion ofthe meeting. . 301 G.P. & A. Minutes PUBLIC MEETING . . . -2 - July 6, 1998 Pursuant to the Planning Act, the Council of the Municipality ofClarington, through its General Purpose and Administration Committee, is holding a Public Meeting for the following applications: (a) Proposed Official Plan Amendment and Rezoning Application - Part Lots 27 and 28, Concession I, former Township of Clarke - 564069 Ontario Inc. (b) Proposed Official Plan Amendment and Rezoning Application - Part of Lots 32, 33 and 34, Concession 6, former Township of Clarke - submitted by Tunney Planning Inc. on behalf of Paula Lishman International Limited The Clerk advised that the Rezoning Applications were sent by first class mail on or before June 12, 1998, to all property owners within 120 metres of the subject properties in accordance with the latest municipal assessment record. This notice procedure is in compliance with the Ontario Regulation made under the Planning act. Public notices for the Official Plan Amendment Applications were sent by fIrst class mail on or before June 12, 1998, to all property owners within 120 metres of the subject properties in accordance with the latest municipal assessment record. This notice procedure is in compliance with the Ontario Regulation made under the Planning Act. The Chairman announced that the Director of Planning and Development would describe the purpose and effect of the proposed amendments, then the objectors would be heard, followed by the supporters and the applicant. (a) Report PD-83-98 - 564069 Ontario Inc. - the purpose and effect of the rezoning application is two-fold, to: i) change the zoning of a portion of the subject lands from "Holding Urban Residential Type One ((H)RI)" to an appropriate zoning category to permit the construction of a parking lot to serve the future supermarket; and ii) change the zoning of a portion of the subject lands from "Light Industrial Exception (MI-2)" to an appropriate zoning category to permit the conversion of the existing three storey industrial building for retail commercial, office commercial and apartment uses. Ruth Knight, 36 Emily Street, Newcastle, LIB IH3 - questioned where the access to the parking lot for this property will be. She indicated that it is a quiet residential area containing a school and requested that no access from Beaver Street be allowed. There was no one in attendance to speak in support of the application. Tenzin Gyaltsan, 564069 Ontario Inc., 15 King Street West, Newcastle, LIB lK9 - described the application through the use of a diagram of the subject property. He indicated that the proposed parking lot will benefit the neighbours as proper drainage will be introduced to a presently swampy area. He stated that this application will benefit the Municipality in that it will keep residents within the Municipality. 3G2 G.P. & A. Minutes - 3- July 6, 1998 PUBLIC MEETINGS CONT'D . (b) Report PD-84-98 - Paula Lishman International Limited - the purpose and effect of the Official Plan Amendment is to introduce a Special Policy Area that would allow the use of the lands for a single prestige employment use, appropriate to and benefiting from a rural location, including a fur garment manufacturing facility, subject to certain conditions. The purpose and effect of the Zoning By-law Amendment is to restrict the use of the lands to reforestation, conservation and a fur garment manufacturing facility. David Lawson, 111 Cedar Crest Beach, Bowmanville, Ll C 3K3 - questioned why the Ministty of Natural Resources was not directly circulated on this application, as they are an adjacent land owner and they look after stocking the Wilmot Creek. He questioned what facts the Department of fisheries and Oceans had when they formulated their comments. Mr. Lawson stated that the application is premature without an Enviromnenlal Impact Study and requested that he be kept informed of all of the fishery issues related to this application. Mr. Lawson commented that the Ministty of the Enviromnent did not agree with the comment that a septic system was efficient for this application. . Debbie Suddard, 237 Ascot Court, Oshawa, LIG 1 W2 - indicated that this application is detrimental to the natural environment of the area, the last pristine area within Durham Region. She stated that this is a beautiful area which the municipality should enjoy, not destroy. Mrs. Suddard questioned why this application is being proposed for this area when there is sufficient properly zoned land available for it. Richard Ward, 3709 Regional Road 9, Orono, LOB IMO - submitted a letter in opposition to the rezoning application ofLishmanlHahninen. He indicated concerns with the entrance, the owner of the land being rewned is in opposition to the rezoning, the land is sensitive and not an area for development and the application will take away from the function of this site. Mr. Ward requested that Report PD-84-98 be tabled. Linda Gasser, Box 399, Orono, LOB IMO - requested that Committee not approve the recommendations contained in Report PD-84-98 other than recommendations # I and #6. Mrs. Gasser submitted a letter outlining the following concerns: . septic bed; . fishery issues; . lack of an Environmental Impact Study and a Watershed Plan; . right-of-way which Mr. Halminen enjoys over the Kingsley lands; . rezoning of an individual's land without their permission; . lot frontage minimum; . construction of the earth intergraded building at present grade level to be above the water table; and . air strip and air craft activity, could an air craft hangar be considered an accessory building to the fur garment manufacturing facility, and storage of ultralight air craft. . Libby Racansky, 3200 Hancock Road, Courtice LIE 2Ml - implored Committee to protect the Wilmot Creek. She indicated that communities are only as health as their watersheds. 303 G.P. & A. Minutes -4- July 6, 1998 PUBLIC MEETINGS CONT'D . Doug Berry, 1533 Oxford Street, Oshawa, LlJ 3X2 - indicated that he works at the same church which is attended by Mr. and Mrs. Kingsley. He stated that the Kingsley property is used as a camping area for street children and Big Brothers and it is therefore not proper to contaminate the water upstream from the Kingsley property. He also stated access concerns. Rhonda and Dan Hooper, 3237 Concession Road 7, R.R. #2, Orono, LOB IMO - submitted correspondence reiterating their concerns as outlined in previous correspondence, together with a petition signed by 24 individuals that oppose the project in its entirety and outlining specifically concerns with respect to Report PD-84-98. Bill Woods, R.R. #2, Orono, LOB IMO- addressed section 16.12.1 of the proposed Official Plan Amendment. He questioned what the defmition of "prestige employment" is and whether or not flight training would qualify under that designation. He also questioned the amount of fluid emptying into the septic fields and into the fragile waterways on the proposed area and the hydrogeological assessment. He urged Council to consider the Kingsley dilemma in having their property rezoned without their permission and requested that a tabling motion come forward to allow the Kingsley's solicitor an opportunity to review the situation. . Jean Kingsley, 4382 Green Road, Hampton, LOB lJO - stated that her right-of- way will not be given up for industrial property. She indicated that she has never been approached by Council of either the Municipality of Clarington or the Region of Durham with respect to this application. Mrs, Kingsley raised concern that her taxes would increase if this rezoning is approved. Resolution #GPA-417-98 Moved by Councillor Mutton, seconded by Councillor Rowe THAT the meeting recess for 5 minutes. "CARRIED" The meeting reconvened at 10:45 a.m. Jean Kingsley continued with her comments and stated that if the rezoning is approved she will not have enough property to build on. She stated that a lawyer acting on behalf of Mr. Halminen drew up a paper authorizing access to the property, however when she refused to sign the document, she was told that a fence will be erected thereby denying her access to her own property. Resolution #GPA-418-98 Moved by Councillor Schell, seconded by Councillor Rowe THAT the meeting be "closed" for the purpose of receiving a legal opinion from the solicitor pertaining to Mrs. Kingsley's presentation. "CARRIED" . 304 G.P. & A. Minutes - 5- July 6, 1998 . PUBLIC MEETINGS CONT'D Mrs. Kingsley was asked ifshe is withdrawing a solicitor's letter dated November 20, 1997, indicating that Linda Gasser and Bill Woods were acting on her behalf and that she is now in fact representing herself. Mrs. Kingsley advised that she has retained the services of a new solicitor who will be handling her interests from this point forward. Phil Pisani, 3350 Concession Road 7, Orono, LOB IMO - questioned whether or not it was up to Mr. and Mrs. Lishman to prove that there is not a sufficient supply of adequately zoned land in the municipality for their proposal prior for applying for a rezoning on this property. He questioned why legal Counsel was not present at the meeting and requested a tabling of the report in order to allow for the Kingsley's to seek legal advise from their new solicitor. No one spoke in support of the application. Kevin Tunney, Tunney Planuing Inc., 340 Byron Street South, Suite 200, Whitby, LIN 4P8 - addressed Committee on behalf of Mr. and Mrs. Lishman and Hannu Halminen. He indicated that more detail has been put into this application than any other and therefore a very thorough report has resulted. He is in agreement with the recommendations contained in the report and stated that all questions raised have been answered in this or previous reports. PLANNING AND DEVELOPMENT DEPARTMENT Official Plan Resolution #GPA-419-98 Amendment & Rezoning Application Moved by Councillor Mutton, seconded by Councillor Young 564069 Ontario Inc. D09.COPA.98.003 THAT Report PD-83-98 be received; D14.DEV.98.030 . Regional Official Plan Amendment Clarington Official Plan Amendment & Rezoning Application Lishman D09.COPA.97.008 Dl4.DEV.97.058 . THAT the applications to amend the Clarington Official Plan and the former Town of Newcastle Comprehensive Zoning By-law 84-63 submitted by 564069 Ontario Inc. be referred back to Staff for further processing and preparation of a subsequent report pending receipt of all outstanding comments; and THAT the Region of Durham Planning Department, listed interested parties in Report PD-83-98 and any delegations be advised of Council's decision. "CARRIED" Resolution #GPA-420-98 Moved by Councillor Rowe, seconded by Councillor Schell THAT Report PD-84-98 be received; THAT the Regional Municipality of Durham be advised that the Municipality of Clarington does not support a Rural Employment Area designation for the land subject to the Regional Official Plan Amendment application as submitted by Tunney Planning Inc. and that the Region of Durham be requested to amend the Durham Regional Official Plan to allow on the lands a single prestige employment use, including a fur garment manufacturing facility; 305 G.P. & A. Minutes - 6- July 6, 1998 PLANNING AND DEVELOPMENT DEPARTMENT CONT'D . THAT the application to amend the Clarington Official Plan submitted by Tunney Planning Inc. on behalf of Paula Lishman International Limited be approved as provided in Amendment No. 9to the Clarington Official Plan, as detailed in Attachment No. I to Report PD-84-98; THAT the necessary by-law to adopt Amendment No.9 to the Clarington Official Plan, be passed and that Amendment No.9 to the Clarington Official Plan be forwarded to the Regional Municipality of Durham for approval; THAT the application submitted by Tunney Planning Inc. on behalf of Paula Lishman International Limited, to amend Comprehensive Zoning By-law 84-63 be approved, as provided for in Attachment No.2 to Report PD-84-98 and that the By-law be passed; and THAT the applicant, all persons who spoke and registered at the Public Meeting, all interested parties listed in Report PD-84-98 and any delegations be advised of Council's decision. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING MOTIONS) Resolution #GPA-42 1-98 Moved by Councillor Mutton, seconded by Councillor Trim . THAT the foregoing Resolution #GPA-420-98 be amended as follows: a) THAT the second paragraph be deleted in its entirety and replaced with the following: "THAT the Regional Municipality of Durham be advised that the Municipality of Clarington does not support a Rural Employment Area designation for the lands subject to the Regional Official Plan Amendment application as submitted by Tunney Planning Inc. and that the Region of Durham be requested to amend the Durham Regional Official Plan to allow the lands to be restricted to a fur garment/garment manufacturing facility;" b) THAT Section 16.12.1 of proposed Amendment No. 9to the Clarington Official Plan be deleted in its entirety and replaced with the following: "16.12.1 Special Policy Area J may only be used for a fur garment/garment manufacturing facility, provided that:" "SEE FOLLOWING MOTION" . 3G6 G.P. & A. Minutes -7 - July 6, 1998 . PLANNING AND DEVELOPMENT DEPARTMENT CONT'D Resolution #GPA-422-98 Monitoring Decisions of Committee of Adjustment June 18, 1998 DI3.CO . Moved by Councillor Rowe, seconded by Councillor Schell THAT the rules of procedure be suspended in order to ascertain whether the amendment put forward by Councillor Mutton and Councillor Trim will enable the applicant to proceed with the application. .'CARRIED" Kevin Tunney advised that the amendment as proposed is acceptable to the applicant. The foregoing Resolution #GPA-421-98 was put to a vote and CARRIED. The foregoing Resolution #GP A-420-98 was then put to a vote and CARRIED AS AMENDED. Resolution #GP A-423-98 Moved by Councillor Rowe, seconded by Councillor Schell THAT Report PD-85-98 be received; THAT Council concur with decisions of the Committee of Adjustment made on May 28, 1998 for Applications A98/026to A98/029, inclusive; and THAT Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment for Applications A98/026 to A98/029 inclusive, in the event of an appeal. "CARRIED" Councillor Schell chaired this portion of the meeting. UNFINISHED BUSINESS . Resolution #GPA-424-98 Moved by Councillor Mutton, seconded by Councillor Young THAT the verbal report of Councillor Trim with respect to the Soap Box Derby which is being held as part of the 75th Anniversary Celebrations of the Newcastle Hall Board on Saturday, October 24, 1998, be received; THAT the amended time for this event, being 10:00 a.m. to 12:00 noon, be approved; and THAT Brenton Rickard, Chairman, Newcastle Hall Board be advised of Council's decision. "CARRIED" 31J7 G.P. & A. Minutes ADJOURNMENT . . . - 8- Resolution #GPA-425-98 Moved by Councillor Young, seconded by Councillor Novak THAT the meeting adjourn at 12:50 p.m. "CARRIED" ~i>..~ ....J)~ July 6, 1998 ./ I I 3~8 "'\ , CLERK