HomeMy WebLinkAbout10/03/2016Final
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Planning and Development
Committee
Agenda
Date: October 3, 2016
Time: 7:00 PM
Place: Council Chambers, 2nd Floor
Municipal Administrative Centre
40 Temperance Street
Bowmanville, Ontario
Inquiries & Accommodations: For inquiries about this agenda, or to
make arrangements for accessibility accommodations for persons attending, please
contact: Michelle Chambers, Committee Coordinator, at 905-623-3379, ext. 2106 or by
email at mchambers(o)-clarington.net.
Alternate Format: If this information is required in an alternate format, please contact
the Accessibility Coordinator, at 905-623-3379 ext. 2131.
Audio Record: The Municipality of Clarington makes an audio record of General
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General Government Committee meeting, the Municipality will be audio recording you
and will make the recording public by publishing the recording on the Municipality's
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Noon Recess: Please be advised that, as per the Municipality of Clarington's
Procedural By-law, this meeting will recess at 12:00 noon, for a one hour lunch break,
unless otherwise determined by the Committee.
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Copies of Reports are available at www.clarington.net
ClarjU00II Planning and Development Committee Agenda
Date: October 3, 2016
Time: 7:00 PM
Place: Council Chambers
1 Call to Order
2 New Business — Introduction
3 Adopt the Agenda
4 Declaration of Interest
5 Announcements
6 Adoption of Minutes of Previous Meeting
6.1 Minutes of a Regular Meeting of September 12, 2016 Page 5
7 Public Meetings
7.1 Public Meeting Application for a Proposed Official Plan and Zoning Page 27
(Matanda) By-law Amendment and for a Proposed Plan of
Subdivision
Applicant: 2399263 Ontario Limited (Matanda
Homes) Holdings Ltd.
Report: PSD -056-16
7.2 Public Meeting Draft Zoning By-law Amendment for the Courtice Main Page 29
(Courtice Main Street Secondary Plan Area
Street Sec. Plan) Report: PSD -057-16
8 Delegations
8.1 Peter Thorne Regarding a Request to Waive the 5% Development Charge for a Severed
Lot in Lieu of Parkland
8.2 Sandra Harrop Regarding a Request for an Amendment to the Zoning By-law to Permit
a Dog Daycare
8.3 Lynn Stilwell, Byron Faretis and James Grimley, Wilmot Creek Homeowners
Association, Regarding the Status of the Petition, Proposed Resolution, and the Ontario
Municipal Board Appeal
8.4 David Rice, Rice Development, Regarding Wilmot Creek Phase 8 and the Draft
Amendment No. 107 to the Clarington Official Plan
Page 2
Clarifl9t0II Planning and Development Committee Agenda
Date: October 3, 2016
Time: 7:00 PM
Place: Council Chambers
9 Communications - Receive for Information
9.1 St. Marys Minutes of St. Marys Cement Community Relations
Cement Committee dated June 7, 2016
Minutes
10 Communications — Direction
10.1 OMB Reform
Update
10.2 Request for a
Zoning By-law
Amendment
11 Presentations
No Presentations
Page 31
Lisa Lyons, Town Clerk, The Corporation of the Town of Page 40
Aurora — Ontario Municipal Board (OMB) Reform Update
(Motion to Endorse)
Sharon Harrop Regarding a Request for an Amendment Page 47
to the Zoning By-law to Permit a Dog Daycare
(Motion for Direction)
12 Planning Services Department Reports
12.1 PSD -056-16 Applications by 2399263 Ontario Limited (Matanda Page 49
Homes) for a 21 -unit Draft Plan of Subdivision in Courtice
12.2 PSD -057-16 Implementation of the Courtice Main Street Secondary Page 57
Plan — Draft Zoning By-law
12.3 PSD -058-16 Delegation of Site Plan Approval Authority for Page 81
Applications in the Oak Ridges Moraine to the Manager of
Development Review and Other Administrative
Improvements
13 New Business — Consideration
Page 4
Clarifl#OII Planning and Development Committee Agenda
Date: October 3, 2016
Time: 7:00 PM
Place: Council Chambers
14 Unfinished Business
None
15 Confidential Reports
No Reports
16 Adjournment
Page 4
Clarftwn Planning and Development Committee
Minutes
September 12, 2016
Minutes of a meeting of the Planning and Development Committee held on Monday,
September 12, 2016 at 1:00 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, Councillor W. Woo
Staff Present: D. Crome, A. Greentree, attended until 4:28 PM, J. Gallagher,
attended at 7:00 PM C. Fleming, attended until 4:28 PM, M. Chambers, attended at 7:00
PM, C. Salazar, F. Langmaid, C. Pellarin, P. Wirch, L. Benson, L. Gordon
1 Call to Order
Councillor Woo called the meeting to order at 1:00 PM.
2 New Business — Introduction
Mayor Foster added a new business item, regarding a household hazardous waste
facility, to the New Business — Consideration section of the agenda.
3 Adopt the Agenda
Resolution #PD -120-16
Moved by Mayor Foster, seconded by Councillor Hooper
That the Agenda for the Planning and Development Committee meeting of
September 12, 2016 be adopted as presented, with the addition of the following New
Business item:
• Household Hazardous Waste Facility.
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.
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6 Adoption of Minutes of Previous Meeting
Resolution #PD -121-16
Moved by Mayor Foster, seconded by Councillor Partner
That the minutes of the regular meeting of the Planning and Development Committee,
held on June 27, 2016, be approved.
Carried
7 Public Meetings
7.1 Clarington Official Plan Amendment No. 107
Clarington Official Plan Review
Report: PSD -054-16
David Crome, Director of Planning Services, provided brief comments regarding Draft
Amendment No. 107 to the Clarington Official Plan. Mr. Crome indicated that the Draft
Amendment No. 107 is a culmination of strategies that will bring Clarington's Official Plan
into conformity with the Provincial Policy Statement, the Province's Growth Plan, the
Greenbelt Plan, other provincial statues and the Region of Durham's Official Plan and
applies to all lands within the Municipality of Clarington. Mr. Crome stated the proposed
policies also address community priorities such as the protection of the natural
environment and agriculture, economic development, maintaining the character of the
community and include areas of importance such as climate change, green development
and transit oriented developments. Mr. Crome acknowledged the Official Plan Review
Team members and thanked them for their hard work on the project.
Brenda Metcalf addressed the Committee regarding Draft Official Plan Amendment No.
107, on behalf of the Agricultural Advisory Committee of Clarington. She stated
presently, agriculture is the number one economic driver in Durham Region and the
proposed new mapping in the proposed Official Plan will assist planning staff when
reviewing requests for development, but suggested more accurate information will come
from the farming community. She expressed concern that the productive farmland north
of Taunton Road and west of Solina Road has been deconstructed by the construction of
Highway 407 and the new feeder roads. Ms. Metcalf noted that with the updated
definition from greenspaces and agriculture to rural, they anticipate that this will help
Planning staff to control uses in rural areas that could impede farming practices. Ms.
Metcalf stated the protection of farmland is only protected if growth management policies
are strong and kept in check. Ms. Metcalf indicated the Agricultural Advisory Committee
supports intensification within existing urban boundaries and supports the proposed
policy that states "The Municipality supports the expansion of the Greenbelt Area to
provide long-term protection of Prime Agricultural Land." The Committee requests that
upon implementation of the proposed policies in the plan, the Municipality continues to
communicate and liaise with the agricultural community and that staff use common
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sense along with the community's farming knowledge when reviewing development
requests.
Byron Faretis, Past President, Wilmot Creek Homeowners' Association, (WCHA)
addressed the Committee regarding Draft Official Plan Amendment No. 107, on behalf of
the residents of Wilmot Creek, and Phase 8 in Wilmot Landing development proposed by
Rice Developments. Mr. Faretis indicated that the WCHA is encouraged by the contents
of the draft Official Plan amendment, particularly the area designated as Special Policy
Area "B1" and "B2", identified in Chapter 16 as neighbourhoods. He indicated the
Association views this as recognition that the future density levels for area "B2" will be 10
units per hectare as specified in Chapter 4, Table 4.2 of the Draft Official Plan
amendment, which is more consistent with the existing Wilmot Creek Community and a
far cry from the 30 units per hectare originally proposed by Rice Developments. He
noted the Association is also pleased to know that the Special Policy area "B2" will be
subject to a Secondary Plan. Mr. Faretis stated the Association is not anti -development
and do recognize the benefits that development can provide for both Wilmot residents
and the Municipality, but are concerned about the size, scale and scope of the
development and its impact on the Wilmot community. Mr. Faretis indicated that Rice
Developments has recently shared their latest concept drawing for Phase 8 and Wilmot
Landing. He noted that some of the Association's earlier concerns have been
addressed; however, there are still a number of major issues including the adequacy of
the existing bridge to handle the increase in population travelling between both parts of
the community. The Association is also questioning what will happen when all the
current existing retail businesses relocate to the proposed retail facility in Wilmot Landing
adjacent to Bennett Road. Mr. Faretis stated another issue is the proposed extension of
the existing Waterfront Trail to Cobbledick Road as the current trail lacks adequate
security in preventing unauthorized access to the community. Mr. Faretis shared metrics
with the Committee on why the development proposal is so important to the residents of
Wilmot Creek who have three times the investment as the property owner, and why their
concerns must be recognized. Mr. Faretis requested the Committee to recognize the
significant interest the residents have vested in the community and to provide them with
the opportunity for strong input into the development affecting their lives and their
homes.
Lynn Stilwell, President, Wilmot Creek Homeowners' Association, (WCHA) addressed
the Committee regarding Draft Official Plan Amendment No. 107 to express the
Association's views specifically with respect to the area identified as Special Policy Area
"B2" covering the expansion of the Wilmot Creek Adult Lifestyle Community and a newly
created area designated by Rice Development as Wilmot Landing. Ms. Stilwell stated
the Association has previously met with Rice Development Corporation to address
concerns with the proposed expansion including housing mix, density, impact on facilities
and infrastructure and security. She stated the original development plan called for the
entire area (B2) to be Phase 8 of Wilmot Creek but in response to concerns raised, a
second area called Wilmot Landing was created to develop high density condominiums
and assisted living facilities. Ms. Stilwell stated the Association categorically disagrees
with the developer's position that the additional volume of people will have little to no
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September 12, 2016
impact on the community noting there will be a 30% increase in the population of Wilmot
Creek. Ms. Stilwell expressed concern that the area is already lacking adequate
evacuation routes for the present population and feels it is essential that the current
emergency exit from Fairway Drive onto Cobbledick Road be upgraded to a full time
entry/exit point. Ms. Stilwell provided the following comments on Section 16.3 — Special
Policy Area B — Wilmot Creek Neighbourhood:
• Encouraged to see section 16.3.1 recognizing Wilmot Creek as an existing
lifestyle community catering to seniors and retired residents and not relegating the
community to status of retirement or nursing home
• 16.3.3(b) The Association trusts this provision will be applicable to the existing CN
railway bridge and abutting roadways to ensure the safe passage of the residents
travelling between the two sections of Wilmot Creek.
• 16.3.3(c) The Association trusts that this provision will mandate elevators in any
apartment buildings that may be contemplated and for the new clubhouse facility
that has been proposed for Phase 8, regardless of any other legislation that may
exist.
• 16.3.5 The Association expresses concern that the section goes on to stipulate
that the Municipality will not assume any of these "services" or facilities and
believes this is an oversight and this section must be amended to allow for
Municipal Fire and Rescue Services currently provided.
• 16.3.6 — The Association has two major areas of concern — the waterfront trail as
illustrated on Map K should be amended to reflect it running along the hydro
corridor and CN rail but not running along the water's edge through Wilmot Creek
and the existing and proposed trail do not provide adequate barriers or security
between the trail and existing Wilmot homes.
• 16.3.2(b) and 16.3.7 — In response to these sections, the WCHA submitted a
petition signed by the majority of residents of Wilmot Creek advising that the
proposed Rice development plan does not enjoy the support of the residents of
Wilmot Creek and requesting Rice Developments, the Municipality of Clarington
and representatives from the Wilmot Creek Homeowners Association to revise the
proposal to the satisfaction of all parties, that the revised proposal be presented at
a public meeting of Council; and, that the Secondary Plan Approval for any Wilmot
Creek development application be held in abeyance pending successful
completion of a revised proposal and public meeting.
Ms. Stilwell requested Council to grant the Association a seat at the table for the
Secondary Plan Development for Special Policy Area B2 and for future Zoning and Site
Plan approvals.
Lynn Stillwell responded to questions from Committee members.
Gerard Gervais, Gervais Development Corporation, addressed the Committee regarding
Draft Official Plan Amendment No. 107, on behalf of Vanstone Mills Inc., in place of
Bryce Jordan, GHD, who was unable to attend today's meeting. Mr. Gervais stated he is
one of the landowners of the Vanstone Mill property, located on the northwest corner of
Scugog Street and Highway 2, which straddles the Bowmanville Creek. Mr. Gervais
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referred to a map on display of the existing Map 3 Land Use Bowmanville Urban Area,
Official Plan consolidated in February 2014, highlighting the 12 acres of Vanstone Mill
property in the valley system and corresponding land designations. Mr. Gervais
indicated the proposed plan re -designates both the east and west side into
environmental protection. He stated that that they have no problem with the table land
north of the intersection of Church Street changing to environmental protection but want
the area where the three buildings are located to remain as Town Centre as they are still
intending to redevelop the site. He noted that on the west side of the creek, the area is
currently designated urban residential. Mr. Gervais stated that these parcels of land
could be developed into housing units which would add pedestrian traffic downtown. Mr.
Gervais indicated that Bryce Jordan has submitted correspondence on their behalf and
indicated he would appreciate any opportunity to meet with staff to see how they could
keep their apartment site designation and their Town Centre designation on the
development lands they have to date.
Gerard Gervais responded to questions from Committee members.
Recess
Resolution #PD -122-16
Moved by Councillor Traill, seconded by Councillor Partner
That the Committee recess for five minutes.
Carried
The meeting reconvened at 2:07 PM with Councillor Woo in the Chair.
Louise Foster, Director of Land Development, Tribute Communities, address the
Committee regarding Draft Official Plan Amendment No. 107 on behalf of Tribute
Communities in place of Bryce Jordan. Ms. Foster indicated that Tribute Communities
own a couple of parcels of land in Courtice and have also submitted comments in writing.
Ms. Foster stated that while they do not have any issues that they see as unachievable,
they are concerned about the mandated 15 metre vegetative protection zone as it
prohibits developers from having some exceptions. She suggested that consideration be
given to softening some of the wording around the prescriptive15 metre vegetative
protection zone to allow that zone to be used for infiltration galleries, trail systems, etc.,
and flexibility to have either a lesser or greater setback. Ms. Foster referenced Chapter
4, floor space index, brought forward through the Province and through the Regional
Official Plan stating it is impossible to meet the floor space index mandated by the
Province and suggested that the policies speak to the floor space index but not put the
actual floor space index in the Official Plan to allow for flexibility as staff works through
the requirement.
Louise Foster responded to questions from Committee members.
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Tino Montopoli addressed the Committee regarding Draft Official Plan Amendment
No. 107, on behalf of the Orono BIA. Mr. Montopoli stated he was in attendance to
speak to the possibility of expanding the boundaries of the Orono Urban Boundary.
Through use of a Powerpoint presentation, Mr. Montopoli reviewed the history of the
Village of Orono noting there has been no development in Orono since the mid 1970's
and businesses in Orono have been struggling for twenty years. Mr. Montopoli stated
the Clarington Official Plan classifies Orono as an urban area with no possibility of
rounding out the urban boundary and suggested the BIA boundaries be expanded to
align with the westerly boundary of the Durham County Senior's Complex and from
Taunton Road extended south to connect with the current boundary. Mr. Montopoli
indicated that the additional land could accommodate up to 140 dwellings and this
population base would provide needed support to local businesses. He stated they are
proposing the use of private communal septic/sewer systems currently being used all
over North America to eliminate the need for a trunk sewer from Newcastle. Mr.
Montopoli further highlighted the benefits of the proposal which supports the
achievement of complete communities and urged Council to help change the downward
trend and bring economic vitality to Orono.
Tino Motopoli responded to questions from Committee members.
Jeff Guthrie, owner of 34 Martin Road, addressed the Committee regarding Draft Official
Plan Amendment No. 107, also speaking on behalf of the owners of 38 Martin Road and
42 Martin Road. Mr. Guthrie stated he was speaking to the proposal of environmental
protection on the woodlands found on their properties. Mr. Guthrie stated the property
owners were adamantly opposed to their properties being included in the proposal and
will take all means possible to have their properties removed from it. Mr. Guthrie stated
the property owners are all long-time residents of Bowmanville who care about the
ecology of their neighbourhood. Mr. Guthrie expressed concern that they were not
notified in advance of the proposal which proposes to make changes to their property
designation. Mr. Guthrie referred to a map on display which showed the insignificance of
the designated woodland he was addressing and provided a comparison to all the other
proposed woodlands up for protection close to their properties. He noted all the other
woodlands were massive in comparison and all have a stream or creek of some kind
running through the woodlands. Mr. Guthrie highlighted a current Google Earth image of
the woodland referring to a group of trees behind 46 and 50 Martin Road which is no
longer there. Mr. Guthrie stated the area concerned is 36,850 square feet, not including
small clearings behind 38 and 42 Martin Road and it was his understanding that in order
to environmentally protect a woodland, it must be a minimum of .5 hectares. Mr. Guthrie
questioned how staff could put the proposal forward without recognizing that the
mapping is outdated. Mr. Guthrie concluded by insisting that the environmental
protection designation for parts of 34, 38 and 42 Martin Road properties be removed
from this amendment and they will launch an appeal if necessary.
Jeff Guthrie responded to questions from Committee members.
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Jane McFarlane, Planner, Weston Consulting, addressed the Committee regarding Draft
Official Plan Amendment No. 107, on behalf of Delpark Homes Prestonvale, owners of
property on the west side of Prestonvale Road, at the terminus of Rosswell Drive.
Ms. McFarlane indicated the property contains two separate parcels - 1539 Prestonvale
Road and a second parcel to the south which does not have a municipal address.
Ms. McFarlane advised that she had previously submitted comments on May 2 and
August 22, and also met with staff and Council in March regarding this property. She
stated the property is currently designated future urban residential in the Official Plan,
and is designated future residential and neighbourhood park within the Secondary Plan
for the southwest Courtice area. Ms. McFarlane stated the Draft Official Plan designates
the subject property urban residential and environmental protection area. Ms. McFarlane
indicated support for the re -designation; however, she noted the draft Official Plan further
identifies the property on Map C as being within a residential secondary plan area that is
not completed and being identified as C2 in the phasing priority. Ms. McFarlane
requested these lands to be removed from the identification on Map C as C2 as they are
already within a secondary plan; they are uniquely positioned from the remainder of the
lands which are to be re -designated urban residential and employment lands; they
should be subject to their own site specific planning study; and, they can be serviced and
graded accurately. Ms. McFarlane submitted written comments in support of her
delegation.
Ms. McFarlane responded to questions from Committee members.
Stephen Wood addressed the Committee regarding Draft Official Plan Amendment
No. 107, requesting the Committee to consider expanding the Kendal Hamlet boundary
to include his farm at 6759 Regional Road 18, on the east side of Newtonville Road,
across from the community of Kendal and referred to a map of the area on display. Mr.
Wood stated there will be long term benefits to the taxpayers and residents of Clarington
and Durham Region if the boundary is expanded, noting the construction of Highway 407
and expansion of GO train service through Clarington will see an increase in population
resulting in additional property tax revenue. Mr. Wood feels increased revenues could
then be used to extend municipal water services to the hamlet of Kendal and avert any
potential disaster resulting from the combination of Kendal's unusually high water table,
shallow wells and septic systems. Mr. Wood sees the review of the Official Plan as an
opportunity to designate more lands for development in Kendal and have the
development community pay for the costs to extend municipal services.
Mr. Wood responded to questions from Committee members.
Peter Smith, 1448774 Ontario Limited - Planning Consultants, addressed the Committee
regarding Draft Official Plan Amendment No. 107, on behalf of Dom's Auto Parts, 1604
Baseline Road. Mr. Smith stated his client is concerned with the designation of the
property as a Special Study Area in the new Official Plan with the Municipality's intent of
eventually hoping for the relocation of the business elsewhere. Mr. Smith stated it is not
practical or possible for Dom's to relocate, be sold, leased or partnered due to this policy
and the Municipality's continued desire to treat Dom's as a Special Study Area is limiting
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the operation of the business. Mr. Smith stated Dom's should stay as a permanent use.
Mr. Smith requested that any specific reference to Dom's Auto Parts in Section 16.5 of
the Official Plan be deleted; that Section 16.5.1. Special Policy Area D — Auto Wrecking
Yard Facility be reworded and that Section 16.5.2 remain unchanged. Mr. Smith urged
the Committee not to consider relocation but to accommodate the business within the
planning area. Mr. Smith provided a written submission of his comments.
Peter Smith responded to questions from Committee members.
Elaine Wotten, addressed the Committee regarding Draft Official Plan Amendment
No. 107 stating she purchased her property in Solina in 1977 as it was the only property
zoned commercial in the Solina area and where she operated a business for several
years. Ms. Wotton indicated she was never notified of any zoning change on her
property and was addressing the Committee to request that the commercial zoning
designation be reinstated on her property. She stated there has been substantial growth
in the area with new families relocating, and feels her property would be appropriate to
have commercial zoning which would create a base for a central hub for the community.
Ms. Wotton indicated her property would accommodate this zoning as it is centrally
located, has a 250ft frontage, and a septic system for 80 people and could operate as a
daycare or a corner store to serve the area residents. Ms. Wotten distributed information
about her property.
Elaine Wotton responded to questions from Committee members.
Chris Jones, Director of Planning and Regulation, Central Lake Ontario Conservation
Authority (CLOCA), addressed the Committee regarding Draft Official Plan Amendment
No. 107. Mr. Jones stated that CLOCA has jurisdiction over the western half of the
Municipality and have provided input to the Official Plan review. Mr. Jones stated
mapping at the scale of the Official Plan is conceptual, and will not be perfect as nature
is constantly changing and evolving and that precision comes at the detailed design
stage when applications are under a site-specific review. Mr. Jones indicated that the
establishment of a series of fixed vegetation protection zones is an important innovation
and provides a level of certainty to landowners and proponents of development allowing
development to proceed more smoothly. He indicated that CLOCA supports the
objectives of fixed width vegetation protection zones. He stated however, that it does not
preclude the ability to apply common sense to a specific site and provides the
opportunity to use the zone for other complementary uses such as trail systems and low
impact development stormwater measures. Mr. Jones stated the Official Plan proposes
new direction related to low impact development and green infrastructure in numerous
locations which will require innovation and common sense to be applied when reviewing
new stormwater management techniques which will result in development being more
resilient to climate change and flooding. Mr. Jones also addressed the sequential
phasing of Secondary Plans which will for the planning and implementation of LIDs or
green infrastructure measures. Mr. Jones thanked staff for working with CLOCA.
Chris Jones responded to questions from Committee members.
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Bonnie Martin, 2385 Maplegrove Road, addressed the Committee regarding Draft
Official Plan Amendment No. 107. Ms. Martin stated she was opposed to the
designation of her property at 2385 Maple Grove Road being changed from Hamlet -
Agricultural to Hamlet -Environmentally protected. Ms. Martin indicated that she had
previously contacted staff regarding why her property would have been designated as a
natural heritage system in need of environmental protection as the trees in question were
either dead or diseased. Ms. Martin stated staff from the Municipality and CLOCA
conducted a site visit of the property to discuss the heritage features on her property.
Ms. Martin is further concerned with the environmental assessment being undertaken on
a block of properties including her property to permit the Longworth extension to Holt
Road. She also noted the subdivision behind her property intends to offer forested lots.
Ms. Martin stated having her property designated environmentally protected devalues
her property and it is not in her best interest. Ms. Martin requested the designation of
her property remain as Hamlet -Agricultural as she feels there is no reason to warrant the
change in designation. Ms. Martin submitted her comments in writing.
Scott Waterhouse, Project Manager, Candevcon Limited, addressed the Committee
regarding Draft Official Plan Amendment No. 107, on behalf of Highcastle Homes,
owners of land in the north part of the Northglen Neighbourhood. Mr. Waterhouse
indicated he had previously submitted written comments and would be providing a
summary of the key aspects of the submission. Mr. Waterhouse indicated their
submission is specific to lands at the very north of the urban area bounded by Regional
Road 57 to the west, the urban boundary to the north, Liberty Street to the east and
Concession Road 3 to the south. Through use of a map on display, Mr. Waterhouse
referred to the current transportation map B1 which illustrates an east/west Type C
arterial road, north of the Bowmanville urban area between Regional Road 57 and
Lambs Road. He noted the proposed map J3 Transportation Network Bowmanville
Urban Area now illustrates a new alignment for the east/west road within the urban
boundary and stated he is not aware of any changes in policy that would require the road
to be realigned. Mr. Waterhouse requested the road be deleted in its entirety as
supported by their written submission including comments on the environmental impacts.
Mr. Waterhouse suggested alternatively, that should the Municipality deem the road
necessary, that it be located north of the urban boundary as currently shown in the
Official Plan.
Scott Waterhouse responded to questions from Committee members.
Peter Alward, 2899 Taunton Road, addressed the Committee regarding Draft Official
Plan Amendment No. 107. Mr. Alward stated he purchased the property five years ago
with the intention of operating a small organic farm. He advised the property is
approximately 26 acres with a'/2 acre designated environmentally protected. Mr. Alward
expressed concern that the proposed mapping changes the designation of the property
to approximately 90% environmentally protected and this will be very prohibitive to a
small farming operation. Mr. Award requested the land remain as prime agriculture.
Peter Alward responded to questions from Committee members.
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Recess and Suspend the Rules
Resolution #PD -123-16
Moved by Councillor Neal, seconded by Councillor Hooper
That the Committee recess for five minutes; and
That the meeting be extended until 4:30 PM.
Carried
The meeting reconvened at 4:05 PM with Councillor Woo in the Chair. All members of
Committee were in attendance except Mayor Foster and Councillors Hooper and
Partner.
Ryan Guetter, Weston Consulting, addressed the Committee regarding Draft Official
Plan Amendment No. 107, on behalf of a number of property owners for which he is the
Planning Consultant. Mr. Guetter first addressed property fronting onto Darlington
Boulevard highlighting the nature of their written comments. Mr. Guetter stated it was his
intention to have further dialogue with staff to gain clarity regarding specific requests filed
in their written correspondence.
Mayor Foster, Councillor Hooper and Councillor Partner re-entered the meeting at
4:07 PM.
Mr. Guetter commented on the natural heritage suggesting that the science dictate the
land use based on scientific studies. Mr. Guetter referred to a drainage feature on the
property which has been studied at length and is being dealt with through an application
process noting that level of detail would not be on the Official Plan schedule. Mr. Guetter
provided comments on building heights stating it is his understanding that the Courtice
Secondary Plan will be maintained and they have provided suggestions to staff
concerning matching building heights to the Regional Official Plan and mixed -used
corridor. Mr. Guetter suggested that there be a policy that would allow for trails and trail
network lands to be considered through parkland dedication and there be a permission
for stormwater management facilities in all designations.
Mr. Guetter then referred to property located at the corner of Nash Road and Hancock
Road, currently designated in a low density urban residential designation for which he is
supportive. Mr. Guetter provided comments on the height and density regimes of the
Official Plan stating the current density proposes to provide a minimum density but the
minimum does not correspond with an appropriate maximum and requested the
language of "limited apartments" be clarified. Mr. Guetter referred to their written
submission which requested consideration of four storey heights for the building
typologies and density in the building table in the proposed plan. Mr. Guetter discussed
a policy respecting school sites noting part of the lands on this property were intended
for a school site that is no longer being considered in the Neighbourhood Plan and
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September 12, 2016
suggested that policy 18.5.3 in the proposed plan would require clarity in the event of a
school site not being required.
Mr. Guetter referred to a third property, owned by Medallion Developments, on Lamb's
Road and Concession Street contemplated for urban residential uses. Mr. Guetter
provided comments on phasing of Secondary Plans. He noted that timing associated
with those studies becomes challenging and suggested there could be policies put in the
plan that would allow for landowners to have a working relationship to advance studies
with the Municipality and that he would provide written suggestions for language to be
considered. Mr. Guetter expressed concern with the current mandate stating he will be
submitting further comments on the matter.
Mr. Guetter referred to a fourth property located at Bloor Street and Prestonvale Road
providing comments on the natural heritage mapping and the need for science to dictate
the delineation of mapping and the need to allow flexibility on the studies to be done to
support development in Secondary Plans. Mr. Guetter commended staff on the Official
Plan as it captures good planning principles.
Mike Waldensperger 2401 Maplegrove Road, addressed the Committee regarding Draft
Official Plan Amendment No. 107. Mr. Waldensperger objected to the changing of the
hamlet and agricultural designation to hamlet and environmental protection designation
on his property as the trees proposed to be protected are dying. He noted the only
healthy trees, being heritage maples, border their property and the developers property
and that they have been tagged. Mr. Waldensperger feels if a property is to be
environmentally protected it should have some significance and property owners should
be provided with suggestions on the types of trees to grow in the area. Mr.
Waldensperger expressed concern that with the proposed extension of Longworth Road
it does not make sense to change the designation to environmentally protected if there is
nothing to protect.
Carolyn Molinari, CM Planning addressed the Committee regarding Draft Official Plan
Amendment No. 107, on behalf of Fourteen Estates, the owners of five properties in
Clarington. Ms. Molinari stated she has submitted written comments on each of the
properties. Ms. Molinari provided general comments regarding the natural heritage
system policies and quoted Policies 3.44 and 3.46 requesting the distinction of the two
policies to be clarified. Ms. Molinari commented on proposed policy 3.4.16 which limits
the vegetation protection zone and suggested the proposed policy be reworded to allow
for the potential for reductions to the zone if supported by an EIS. Ms. Molinari
commented on property owned by Fourteen Estates in Newtonville, north of Highway
401, east of Newtonville Road and south of the 28 lot draft plan approved subdivision
owned by Fourteen Estates, referred to as Block 32. Ms. Molinari referred to the Rural
Settlement Area policies for Newtonville 12.4.6 stating the policy restricts the
development of designated lands within Newtonville. Ms. Molinari quoted policy 12.4.6
subsections (a) and (c) which will result in existing infrastructure in Newtonville to remain
underutilize and requested that policy 12.4.6 subsections (a) and (c) be deleted from the
draft Official Plan or wording to be added to allow development on designated lands
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Cladwwn Planning and Development Committee
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within Newtonville, subject to appropriate engineering studies in support of private
services. Ms. Molinari commented on the Environmental Protection designation on map
Al and the natural heritage system designation on Map D3. Ms. Molinari requested that
the maps in the current Official Plan be maintained as the approved Official Plan
designationon this property as the land is currently zoned for residential hamlet
development and an EIS is currently underway which will refine the environmentally
significant features of the property. Ms. Molinari commented with respect to the
proposed expansion of Newtonville, questioning the need for the expansion of the hamlet
of Newtonville given the significant amount of undeveloped land in the hamlet boundary,
the limited water supply capacity available and the restriction of development through
policy12.4.6 subsection (c) which prohibits development on designated lands once the
capacity of municipal water supply system is reached regardless of whether designated
lands remain vacant. Ms. Molinari confirmed that Fourteen Estates opposes the
proposed hamlet expansion of Newtonville.
Recess
Resolution #PD -124-16
Moved by Councillor Hooper, seconded by Councillor Neal
That the Committee recess until 7:00 PM.
Carried
David Crome, Director of Planning Services, provided brief comments regarding Draft
Amendment No. 107 to the Clarington Official Plan. Mr. Crome indicated that the Draft
Amendment No. 107 is a culmination of strategies that will bring Clarington's Official Plan
into conformity with the Provincial Policy Statement, the Province's Growth Plan, the
Greenbelt Plan, other provincial statues and the Region of Durham's Official Plan and
applies to all lands within the Municipality of Clarington. Mr. Crome stated the proposed
policies also address community priorities such as the protection of the natural
environment and agriculture, economic development, maintaining the character of the
community and include areas of importance such as climate change, green development
and transit oriented developments. Mr. Crome acknowledged the Official Plan Review
Team members and thanked them for their hard work on the project.
Clifford Curtis addressed the Committee regarding the Draft Official Plan Amendment
No. 107. He made a verbal presentation to accompany a handout. Mr. Curtis explained
that he was present regarding his property which is located on Tooley Road in the
Worden East Neighbourhood. He explained that, when he purchased this property in
1981, it was located within the Courtice urban boundary and was zoned R1. He added
that, in 1996, the property was rezoned such that the front 200 feet which abuts Tooley
Road remained R1 and the rear land zoning was changed to (H) R1. Mr. Curtis
continued by noting that he had concerns with the Clarington Official Plan in 1996 and
this was brought to the Ontario Municipal Board at which time an agreement was
reached. He added that it was agreed that a Neighbourhood Plan was to be prepared
and was completed in 2002. Mr. Curtis continued by explaining that a new
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Cladwwn Planning and Development Committee
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Neighbourhood Plan was approved in February, 2016 which stated that an
Environmental Study would be required. He added that a Neighbourhood Study cannot
be appealed to the Ontario Municipal Board and he has authorized the preparation of a
number of studies. Mr. Curtis stated that he has prepared a draft plan, has met with
Clarington staff, and intends to submit this plan within the next couple of months. He
explained that he has two primary issues with the Draft Official Plan. He is concerned
that the Municipality intends to have the existing Neighbourhood Plan changed to a
Secondary Plan status. Mr. Curtis explained that it is his understanding that this
provision is not within the Official Plan but will be done concurrently with the Official Plan
approval. He stated that he feels this is inappropriate due to the fact that this will take a
Neighbourhood Plan and change it to a Secondary Plan without adequate public
consultation and review. Mr. Curtis added that this will not give anyone the right to
appeal Clarington's position. He noted that the Regional Official Plan only requires a
Secondary Plan for greenfield living areas larger the 20 hectares and most of this
neighbourhood should be considered infill. Mr. Curtis noted that his second issue is with
the use of Natural Heritage Mapping in the Durham Official Plan to designate properties
within the urban boundary as environmentally protected lands. He added that this
mapping is provided by the Ministry of Natural Resources which he feels is inaccurate
and does not properly show tree cover. Mr. Curtis feels the maps need to be ground
truthed. He added that the Environmental Impact Study for his property only identifies a
need to keep a 30 metre width of undisturbed land to the west of his property line. He
concluded by asking for the Clarington Official Plan to be amended to reflect the
Environmental Impact Study results between Poppyfield Drive and Springfield Lane to
restrict the Environmentally Protected designation to the west of his property and that the
existing Neighbourhood Plan be voided. Mr. Curtis thanked members of Committee and
offered to answer any questions.
Libby Racansky addressed the Committee regarding the Draft Official Plan Amendment
No. 107. She made a verbal presentation to accompany an electronic presentation and
a handout. Ms. Racansky explained to the Committee she is concerned with the land
use in Special Study Areas, secondary plans and protection of the remaining natural
areas. She noted that she has specific concerns with the protection of Special Study
Areas of Farewell Heights and Special Study Area No. 1 — Hancock Neighbourhood.
Ms. Racansky explained that the Special Study Area designation for Farewell Heights
was removed. Ms. Racansky added that the extension of the Urban Boundary further
north was not supported because there was not enough groundwater recharge area
within the wetland complex. She added that this land was cleared prior to the Official
Plan Amendment and Council needs to ensure that the nature areas are rehabilitated
prior to development. Ms. Racansky asked Council to ensure that all policies are
adhered to and that the estimated densities in Appendix B are amended after the
Environmental Impact Study is completed. Ms. Racansky stated that all natural heritage
is to be protected and Courtice north is the only groundwater area with a wetland
complex in the Greater Toronto Area. She noted that Section 4.3.5, Priority
Intensification Areas help ease the development on the Courtice North groundwater
area. Ms. Racansky asked the Committee to ensure that the three remaining wooded
areas are protected to allow Tooley Creek to function. She continued by stating that the
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September 12, 2016
Clarington Official Plan requires the reduction of greenhouse gases and, as a result, the
extension of George Reynolds Drive (Map J2) should be deleted from the Hancock
Neighbourhood. Ms. Racansky asked for the trail through the Special Study Area No. 1
be deleted as it is privately owned land. She added that the trail should continue through
Hancock Road. Ms. Racansky asked for a listing of all flora, fauna and insects to be
required as part of environmental studies. She also asked for climatology, the lowering
of greenhouse gases and the impact of the lowering of the water tables in Courtice to be
considered prior to future development. Ms. Racansky concluded by asking Council to
ensure all Official Plan policies are adhered to and that Clarington support the provincial
expansion of the Greenbelt.
Stephen Waque, Borden Ladner Gevais LLP, was present on behalf of Rice
Development Corporation regarding the Draft Official Plan Amendment No. 107. Mr.
Waque advised the Committee that he was present regarding the land located east of
Bennett Road, south of Highway 401 and north of the CNR railway line. He noted that
he had forwarded a formal submission dated September 7, 2016. Mr. Waque noted that
an application for a Regional Official Plan Amendment (ROPA) was submitted in 2002
and a Clarington Official Plan Amendment was submitted in 2003 to develop Phase 8 of
the Wilmot Creek Community. He explained that the plans were placed on hold in 2005
to wait for the approval of the Regional Official Plan. Mr. Waque added that the ROPA
incorporated the subject property into the Newcastle Village Urban Area as Living Areas
and was subsequently appealed to the Ontario Municipal Board (OMB). He added that
this was later approved by the OMB in January, 2013. Mr. Waque noted that his client
then re-activated their application and in March, 2015 there was a Public Meeting
followed by additional meetings with the residents and developers. He advised the
Committee that, on June 29, 2016, his client appealed their development application to
the OMB and a pre hearing has been scheduled. Mr. Waque concluded by advising the
Committee that he wants to ensure that there is nothing in the Official Plan that prevents
the resolution of this matter before the OMB. He added that he is concerned specifically
with Sections 4.6.2, 4.6.3, 9.4.5, and the targets in Appendix B. Mr. Waque offered to
answer questions from the Committee.
Stephen Waque, Borden Ladner Gevais LLP, was present on behalf of Nash Road
Developments Inc. regarding the Draft Official Plan Amendment No. 107. Mr. Waque
advised the Committee he was present regarding a site specific concern regarding a
property legally described as Part Lot 26, Concession 3, Township of Darlington, being
Part1 on Plan 10R3097 and located just outside of the Courtice Urban Boundary. He
noted that he had forwarded a formal submission dated September 7, 2016. Mr. Waque
explained that, when the property was purchased in 2003, it was located outside the
Greenbelt area. He added that, at that time, an application was submitted for an urban
boundary expansion. Mr. Waque added that the property was then included in the final
version of the Greenbelt area without any notice to owner. He continued by explaining
that, in 2006, both the Municipality of Clarington and the Region of Durham requested
that the Ministry of Municipal Affairs and Housing remove the subject property from the
Greenbelt Plan Area. Mr. Waque noted that this has not been dealt with and they were
advised it would be dealt with in the 10 year review, which is currently underway. He
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added that the Greenbelt Plan is currently under review by the Ministry and that they
have made three submissions requesting that the property be removed from the
Greenbelt Plan. Mr. Waque concluded by asking for a flag to be placed on the subject
property map advising that the Greenbelt boundary is under review and could be
removed from the boundary.
Anthony Biglieri and Jake Murray of the Biglieri Group, were present on behalf of
1559306 Ontario Limited regarding the Draft Official Plan Amendment No. 107. They
made verbal presentation to accompany an electronic presentation. Mr. Biglieri advised
the Committee that he was present regarding a property located at 5075 Holt Road,
Hampton. He reviewed a site map and described where the property is located. Mr.
Biglieri added that the subject site is currently located approximately 450 metres outside
of the Hamlet boundary. He advised the Committee that they are requesting that the
hamlet boundary be rounded out to include the subject site. Mr. Biglieri provided details
on the size of the site and what type of development they are proposing. He continued
by reviewing the transportation and traffic for the proposed development which included
access to Taunton Road, Highway 418 and the proposed Highway 407 which would
allow for easy access to Orono, Newcastle and Bowmanville. Mr. Biglieri provided on
overview of the environmental impact and noted a portion of the site is designated
significant woodland and that there are no future plans for development of this section of
the site as a result of the designation. Mr. Biglieri noted that the site is currently
designated General Agricultural and in the Draft Clarington Official Plan the site is being
proposed as Prime Agricultural Area with the wooded area to be environmentally
protected. He continued by advising the Committee that, in 2010, an application was
approved on the site for a golf driving range and accessory building. Mr. Biglieri added
that, at that time, an agricultural review was done and the review supported the
application and concluded that the site had limited agricultural potential. He stated that
he does not feel that this site is suitable for the prime agricultural designation and would
be more suited for residential use. Mr. Biglieri added that this site is well connected to
the surrounding urban area, will not require the expansion of municipal services, and
compliments the other developments in the area. He advised the Committee that their
request conforms with the Provincial Policy Statement, Places to Grow Act, Greenbelt
Plan and the Regional Official Plan. Mr. Biglieri concluded by requesting that the Draft
Official Plan be revised to include their subject land in the Hamlet designation to allow for
future residential development.
John Romanov, Romanov Romanov Architects, was present on behalf of Tornat
Construction Company regarding the NewCast Development Proposal. He made a
verbal presentation to accompany an electronic presentation. Mr. Romanov advised the
Committee he was here to request that a section of King Avenue West between Rudell
Road and Pedwell Street be designated as a local corridor. He continued by noting that
this would allow for a higher density development, keep with the character of the area,
increase urban densification, allow for a smaller foot print, and create mixed use
buildings at various price points. Mr. Romanov reviewed the section of the Official Plan
that references local corridors on a map of Clarington to show that the two existing
corridors are in Courtice and Bowmanville and noted where they are proposing the
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corridor designation be in Newcastle. He reviewed a map of Newcastle and explained
that the area is an Arterial A road and is a significant intersection with public
transportation access, which makes it a good location for a higher density development
and local corridor designation. Mr. Romanov reviewed the parameters of a local corridor
and provided background information on the site. He added that it was originally part of
a subdivision plan and was recently sold to Tornat Construction. Mr. Romanov
explained the development concept for this site which includes apartments, townhouses,
and mix -use buildings. He reviewed examples of different types and styles buildings
they have designed. Mr. Romanov concluded that, due to the size of property, proximity
to major intersection, the location being on an arterial road and the fact that it is already
serviced, it would be an appropriate location for the proposed mixed use development.
John Armstrong, MasonryWorx, was present regarding the Official Plan Review. He
made a verbal presentation to accompany an electronic presentation. Mr. Armstrong
explained to the Committee that they are a provincial association which represents the
brick, block and stone industry. He congratulated Clarington on the progressive Draft
Official Plan and noted that the Official Plan pays more attention to the built form. Mr.
Armstrong continued by stating they feel the Plan has good policies and language to
focus on urban design guidelines and focusing on the appropriate exterior materials. He
continued by providing additional suggestions which included focusing on using a quality
built form. Mr. Armstrong encouraged Clarington to draft urban design manuals that are
applicable throughout the municipality. He noted that they are pleased to see that
Clarington has separated the architectural guidelines from the urban design guidelines.
Mr. Armstrong asked for more focus on the urban ribbons and that the sides and rears of
buildings are visible and that there should be concern for how these buildings will look in
50 years. He reviewed a public opinion survey that supported masonry as the most
preferred and durable exterior building material. Mr. Armstrong concluded by asking for
brick and stone to be used as the preferred building material and that the side and rear
facades of buildings should use the same high quality materials.
Hannu Halminen of Halminen Homes, was present regarding the Official Plan Review.
Mr. Halminen noted that staff have done a good job on the Draft Official Plan and
thanked staff for all the work that was involved. He addressed the preparation of the
Secondary Plans as set out in the Official Plans and noted they will be sequential and
driven by staff resources. Mr. Halminen suggested that it would be more cost effective
and faster to have a landowner or developer group to participate and fund a portion of
this. He noted that there have been several small changes to the natural heritage and
environmental lines and he believes that these areas should be finalized by an
environmental impact study. Mr. Halminen continued by stating his final issue is with
land on Trulls Road north of Vivian Drive on the north side of the existing subdivision.
He explained that this area is located in a special study area and the Region of Durham
needed to define whether Adelaide Road would continue and where it would end. Mr.
Halminen added that they submitted their proposal in 2008 and then withdrew it as they
were advised to wait for the Official Plan review. He added that the Official Plan wants to
implement the Secondary Plan and that they would be sequential. Mr. Halminen stated
that this area is currently C3 which means this land would not be developed until 2025 to
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Clarftwn Planning and Development Committee
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September 12, 2016
2030. He asked that the existing Neighbourhood Plan be amended to include these
lands 100 metres north so that they do not have to wait for a Secondary Plan. Mr.
Halminen concluded by noting that this land is planned for development in 2023 and that
it would create 25 lots and be a sufficient use of infrastructure.
Allan Cole was present regarding the Official Plan Review. Mr. Cole advised the
Committee that he resides on Courtice Road North in the Hancock Neighbourhood. He
explained to the Committee that he was present due to concerns with increased urban
sprawl and the protection of the Harmony Farewell Iroquois Beach Wetland Complex.
Mr. Cole explained they were concerned with the recent sale of properties on Courtice
Road North and with the potential sale of the 16 acre parcel of land located at 3091
Courtice Road. He continued by stating this property is zoned primarily agricultural and
a portion is environmentally protected. Mr. Cole stated that he is asking for the living
area of this land to be limited to a 300 foot lot that can be accessed by Courtice Road.
He added they have been greatly affected by Highway 407 and that the development
has increased quickly in the six years he has lived in the area. Mr. Cole asked for a
moratorium be placed on the Hancock Neighbourhood for future developments until the
wetland complex can be restudied to determine how the area has responded to the
deforestation from the 418. He concluded by asking Council to continue to protect the
environment and protected areas. Mr. Cole submitted a petition signed by residents in
the Hancock Neighbourhood. [Mr. Cole informed the Clerks' Department, after the
meeting, that the parcel of land that he referred to in his delegation was at 3105 Courtice
Road, not 3091.]
John Janssen's, name was called as he had previously registered to speak, but he was
not present.
Rodger Miller, Miller Planning Services, was present on behalf of 1816451 Ontario
Limited regarding the Official Plan Review. Mr. Miller made a verbal presentation to
accompany a handout of his written submission to the Municipality of Clarington. He
noted that his client owns 24 acres of vacant land south of Baseline Road and west of
Rundle Road. Mr. Miller added that they have conditionally acquired interest in an
additional 15 acres of land south of Baseline Road on the west side. He explained that
the area is currently light industrial in the current and proposed draft Official Plan. Mr.
Miller noted that his client is looking to relocate an industrial facility that will be
approximately 30,000 square feet. He noted that they are concerned with proposed Map
A2 and Chapter 17. Mr. Miller explained that his client's property is located in Special
Study Area #4 and in the proposed Official Plan special study areas policies the land will
be limited to the existing uses. He continued by explaining that Section 17.5 and 17.5.2
will restrict any development until a Secondary Plan is in place and that the lands in this
area are dependent on a Regional Official Plan Review. Mr. Miller stated that they are
concerned that there will be restrictions in place for an extended period of time. He
requested that the proposed policies be amended to allow new development to occur
based on the Official Plan policies until a Secondary Plan is approved and that the
Secondary Plan be limited to the current urban boundary. Mr. Miller stated that Chapter
11 Section 11.6 states that Auto -malls be located on Type A arterials road and they are
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requesting that this be amended to included lands with exposure to major highways. He
concluded by asking for clarification for Chapter 4, Map D1 as it notes that a portion of
his client's property is designated Natural Heritage System and they cannot find any
reference to that effect.
Joey Benoliel, Pelico Developments, addressed the Committee regarding the Draft
Official Plan Amendment No. 107. Mr. Benoliel explained to the Committee that they
had recently purchased 18 acres of land at the corner of Baseline Road and Solina
Road. He explained that they plan to build a commercial warehouse with a component
of outdoor storage. Mr. Benoliel stated that, when the land was purchased, it was due to
the fact it was zoned M2 and met their criteria. He continued by explaining that they are
looking to open a light manufacturing business and that Superior Quilting will be the first
tenant. Mr. Benoliel advised the Committee that he objects to the changing of the zoning
from M2 to M1. He concluded by advising the Committee that they are looking to bring
commercial business, job opportunities, and that they are looking forward to coming to
the Clarington area.
Warren Hung was present regarding the Official Plan Review. He made a verbal
presentation to accompany a handout. Mr. Hung explained to the Committee he owns
the property at 3196 Rundle Road in Bowmanville. He advised the Committee that this
property has been changed to environmentally protected under the proposed Official
Plan. Mr. Hung continued by noting this change would be to implement the natural
heritage system. He added that no other properties in the area are being designated as
environmentally protected. Mr. Hung asked for this designation to be removed.
Brian Bylsma was present on behalf of the Hope Fellowship Church regarding the
Official Plan review. Mr. Bylsma noted that the church is located at 1685 Bloor Street in
Courtice. He continued by explaining that they had attended a public meeting and were
informed that the current designation would be changed to part light industry and part
residential. Mr. Bylsma explained that there is a proposed new collector road that will
connect to the south end of their property. He continued by stating that they support this
proposal and are asking for the residential designation to be extended to go from Bloor
Street to the new proposed road (Map J2). Mr. Bylsma noted that this would split the
property, with half being residential and half light industrial. He stated that they would
like all of the property to be designated all residential so that the church could be
surrounded by a variety of residential developments. Mr. Bylsma concluded by adding
that the church currently owns approximately 21 acres at 1685 and 1711 Bloor Street.
Recess
Resolution #PD -125-16
Moved by Councillor Hooper, seconded by Councillor Neal
That the Committee recess for 10 minutes.
Carried
22
Clarftwn Planning and Development Committee
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September 12, 2016
The meeting reconvened at 9:32 PM with Councillor Woo in the Chair.
8 Delegations
No Delegations
9 Communications - Receive for Information
9.1 Nicole Wellsbury, Municipal Clerk, Township of Scugog — Proposed
Changes to the Greenbelt Plans
Resolution #PD -126-16
Moved by Mayor Foster, seconded by Councillor Partner
That the Communication Item 9.1 from Nicole Wellsbury, Municipal Clerk, Township of
Scugog regarding proposed changes to the Greenbelt Plans, be received for information.
Carried
10 Communications — Direction
10.1 Katrina Metzner, Project Manager & Architectural Technologist, Holland
Homes Inc. — Request to Repeal the Interim Control By-law for Glenview
Neighbourhood
Resolution #PD -127-16
Moved by Councillor Neal, seconded by Councillor Cooke
That the Communication Item 10.1 from Katrina Metzner, Project Manager &
Architectural Technologist, Holland Homes Inc., be referred to Staff.
Carried
10.2 Carolyn Langley, Clerk, West Lincoln Township — Mandatory Municipal
Consent for Future Renewable Energy Projects
Resolution #PD -128-16
Moved by Mayor Foster, seconded by Councillor Partner
That Communication Item 10.2 from Carolyn Langley, Clerk, West Lincoln Township
regarding Mandatory Municipal Consent for Future Renewable Energy Projects, be
received for information.
11 Presentations
No Presentations
Carried
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Clarftwn Planning and Development Committee
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September 12, 2016
12 Planning Services Department Reports
12.1 PSD -054-16 Public Meeting
Draft Official Plan Amendment No. 107
Clarington Official Plan Review
Resolution #PD -129-16
Moved by Mayor Foster, seconded by Councillor Hooper
That Report PSD -054-16 be received;
That the draft Official Plan Amendment No. 107 continue to be reviewed by staff in
consideration of the public comments provided at the public meeting and the written
submissions; and
That all interested parties listed in Report PSD -054-16 and any delegations, be advised
of the Planning and Development Committee meeting on October 24, 2016 to consider
the recommended Official Plan Amendment No. 107 to implement the Clarington Official
Plan Review.
Carried
12.2 PSD -055-16 Tree Protection and Planning Applications in Urban Areas
Resolution #PD -130-16
Moved by Councillor Cooke, seconded by Councillor Neal
That Report PSD -055-16 be received for information; and
That all interested parties listed in Report PSD -055-16 and any delegations be advised
of Council's decision.
Carried
Later in the meeting
(See following motion)
Suspend the Rules
Resolution #PD -131-16
Moved by Councillor Neal, seconded by Councillor Hooper
That the Rules of Procedure be suspended to allow Members of Committee to speak to
the matter of the foregoing Resolution #PD -130-16 a second time.
Carried
The foregoing Resolution #PD -130-16 was then put to a vote and carried.
Carried
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Clarftwn
13 New Business — Consideration
13.1 Household Hazardous Waste Facility
Planning and Development Committee
Minutes
September 12, 2016
Mayor Foster provided an update on the proposed Household Hazardous Waste Facility.
He noted that Region of Durham tabled Report 2016 -COW -24 until the October 5, 2016
Committee of the Whole meeting. Mayor Foster asked the Director of Planning to
provide input to the Members of Council to the September 19, 2016 Council meeting.
14 Unfinished Business
14.1 PSD -053-16 Update on Rotosonic Borehole at Clarington Transformer
Station — Request to Alter Location [Tabled from the July 4,
2016 Council Meeting]
Resolution #PD -132-16
Moved by Councillor Neal, seconded by Councillor Cooke
That the matter of Report PSD -053-16, regarding Update on Rotosonic Borehole at
Clarington Transformer Station — Request to Alter Location, be lifted from the table.
Carried
Resolution #PD -133-16
Moved by Councillor Neal, seconded by Councillor Cooke
That Report PSD -053-16 be received; and
That all interested parties listed in Report PSD -053-16 and any delegations be advised
of Council's decision.
Carried
15 Confidential Reports
There were no Confidential Reports scheduled under this Section of the Agenda.
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Clarftwn Planning and Development Committee
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September 12, 2016
16 Adjournment
Resolution #PD -134-16
Moved by Councillor Partner, seconded by Councillor Traill
That the meeting adjourn at 10:15 PM.
Chair
Carried
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Deputy Clerk
Clarbgtoa
Notice of Public Meeting
A land use change has been proposed, have your say!
The Municipality is seeking public comments before making a decision on an application to amend
Me Ut tidal Man and Z-oning by -haw, and for a proposed man of 5ubdlvlslon
•••
2399263 Ontario Limited (Matanda Homes) applied to create a residential plan of subdivision which
would result in the development of 8 single detached dwelling units and 13 street townhouse units.
The proposed amendment to the Clarington Official Plan and the South West Courtice Secondary
Plan would allow for Medium Density residential development on the subject lands.
The proposed amendment to the Zoning By-law would implement the Draft Plan of Subdivision.
The applications are deemed complete.
"1445Gord Vinson Avenue, Courtice
How to be Informed
The proposed amendment, additional information and background studies are available for review
at the Planning Services Department and on our website at clarington.net/developmentproposals
Questions? Please contact Anne Taylor Scott, 905-623-3379, extension 2414, or by email at
ataylorscott ,clarington. net
How to Provide Comments
Speak at the Public Meeting:
Date: Monday, October 3, 2016
Time: 7:00 PM
Place: 40 Temperance Street, Bowmanville, ON L1 C 3A6
Municipal Administrative Centre
Council Chambers
Or write to the Planning Services Department to the attention of Anne Taylor Scott, Senior Planner.
File Number: COPA2016-0002, ZBA2016-0013 & S -C-2016-0002
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Freedom of Information and Protection of Privacy Act
The personal information you submit will become part of the public record and may be released to the
public. Questions about the information we collect can be directed to the Clerk's Department at 905-
623-3379, extension 2102.
Accessibility
If you have accessibility needs and require alternate formats of this document or other
accommodations please contact the Clerk's Department at 905-623-3379, extension 2109.
Appeal Requirements
If you do not speak at the public meeting or send your comments or concerns to the Municipality of
Clarington before the applications are approved, you will not be entitled to appeal the decision to
the Ontario Municipal Board and you will not be able to participate at a hearing of an appeal before
the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to do
to.
David J. Crome, MCIP, RPP
Director of Planning Services
/tg
WY --7
Clarington Notice of Public Meetin
Draft Zoning By-law Amendment
for the Courtice Main Street Secondary Plan Area
Phase One — Farewell Creek to Courtice Road
You are invited to attend a Public Meeting on a draft Zoning By -Law Amendment for the easterly
segment of the Courtice Main Street area, as shown on the map below.
Clarington Council approved the Courtice Main Street Secondary Plan in January, 2013. It is
now in full force and effect except for an outstanding appeal of the two storey minimum height
requirement. This Plan was developed to help create a strong identity for Courtice by promoting
a dense, mixed-use, transit -oriented corridor with the Town Centre as the focus of community
activity.
One of the tools that the Municipality will use to implement the Courtice Main Street Secondary
Plan is an updated Zoning By-law. The draft Zoning By-law for the first phase of the Courtice
Main Street area was released on May 30, 2016. A copy of the proposed regulations can be
viewed on the Clarington website at http://clarington.net/courticezoning. These regulations
provide land owners with direction in the development of land and the construction of new
buildings.
File Number: ZBA 2016-0008
Speak at the Public Meeting:
Date: October 3, 2016, 7:00 p.m.
Place: Council Chambers
Municipal Administrative Centre — Second Floor
40 Temperance Street, Bowmanville, ON L1 C 3A6
You can also write to the Planning Services Department, to the attention of Paul Wirch, using the
address above.
29
The proposed zoning amendment can be viewed on the Clarington website at
http://clarington.net/courticezoning.
Questions? Please contact:
Paul Wirch of the Planning Services Department at 905-623-3379 extension 2418, or by email at
pwirch(a-).clarington.net.
Carlos Salazar of the Planning Services Department at 905-623-3379 extension 2409, or by email
at csalazar clarington.net
Freedom of Information and Protection of Privacy Act
The personal information you submit will become part of the public record and may be released to the
public. Questions about the information we collect can be directed to the Clerk's Department at 905-
623-3379, extension 2102.
Accessibility
If you have accessibility needs and require alternate formats of this document or other
accommodations please contact the Clerk's Department at 905-623-3379, extension 2109.
Appeal Requirements
If a person or public body does not make oral submissions at a public meeting or make written
submissions to the Municipality of Clarington before the proposed Zoning By-law Amendment is
approved:
• the person or public body is not entitled to appeal the decision of the Region of Durham to
the Ontario Municipal Board; and
• the person or public body may not be added as a party to the hearing of an appeal before
the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable
grounds to add the person or public body as a party.
David J. Crome, MCIP, RPP
Director of Planning Services
30
St Marys Cement Community Relations Committee
Meeting Minutes
Tuesday June 7th, 2016
6:00 p.m. — St Marys Cement, Bowmanville Plant
Attendees: Amy Burke, Senior Planner, Municipality of Clarington
Cherisse Dia ram, Quarry Supervisor, St Marys Cement
Chris Richards, Environmental Manager, St Marys Cement
David Veenstra, Port Darlington Community Association
Glenda Gies, Port Darlington Community Association
Jim Grimley, Wilmot Creek Homeowners Association
Jim Storey, Operations Manager, St Marys Cement
Martin Vroegh, Director of Environmental Affairs, St Marys Cement
Rick Rossi, Port Darlington Community Association
Ruben Plaza, Environmental Manager, St Marys Cement
Tanya Pardy, Manager, People & Management, St Marys Cement
Willie Woo, Municipality of Clarington Council
Observer: Maikon Mello — Visitor from Votorantim Brazil
Regrets: Wilson Little, Director Engineering, Lands & Environment, VCNA
1. Agenda for December 9th, 2015 CRC meeting adopted
• adopted by Tanya Pardy
• seconded by Amy Burke
2. Minutes from December 9th, 2015 meeting approved
• moved by Tanya Pardy
• seconded by Amy Burke
3. Introductions
• New members: Chris Richards and Jim Grimley
• Visitor from Votorantim in Brazil
4. Outstanding Items
• Confirmation of the plastics source and allowable feed amounts
➢Prospective plastic sources, none confirmed
➢Permitted for 300 tpd of plastic, 100 tpd wood
31
➢Metering would be done by mass, not volume, likely pneumatically conveyed
and record keeping will be important for tracking purposes
• The 100 tonne/day maximum wood allowance represents 4% thermal replacement of
the fuels, which comprise roughly 6% of the total feed
➢In comparison, limestone feed at roughly 10,000 tpd
• Clarification whether wood and plastics would be burned simultaneously during the trial
➢Not simultaneous during the trial but the intent is to eventually have both
feedstocks running together
➢Continuous emissions monitoring is in place; ambient conditions monitoring will
also be used during the trial
• Algae project is going well at plant in St Marys but no immediate plans to implement at
Bowmanville plant
S. Review of Community Concerns
• In the 2nd quarter we have received 4 complaints.
➢3 related to blasting
➢1 related to noise
• The total number of complaints for 2016 is 17.
• St Marys Comments on Complaints
➢1 blast complaint was followed up by visit at which several members of the CRC
were present
32
2016 By Month
10
9
a
v
c
g
7
Cr
6
LL
5
c
4
0
3
U
2
1
Q
Month
[]January ■February ❑March ■April ■May June
July August ■ September ■ October ■ November December
• In the 2nd quarter we have received 4 complaints.
➢3 related to blasting
➢1 related to noise
• The total number of complaints for 2016 is 17.
• St Marys Comments on Complaints
➢1 blast complaint was followed up by visit at which several members of the CRC
were present
32
➢1 blast complaint was forwarded by the municipality and followed up by emails
and phone calls. A response to the appointment requests was not received
from the individual
➢1 blast complaint
1. 5th complaint from resident, no other complaints from that street
2. followed up with visit from MOE and Golder Associates
3. Seismograph installed for blast, results within limits
4. Second follow up with seismograph to be scheduled week of June 13th
➢Noise complaint reported evening of Friday May 6th
1. Sounded like a crusher running
2. Investigated Cargo Dockers operation, quarry operation, CBM
aggregates, and contractors as potential sources
3. Could not identify source of noise
• Possible complaint from resident of Wilmot Creek mentioned by Jim Grimley
➢Commented on blasting at a resident's meeting
➢Vibrations felt at night, date to be confirmed
6. Environmental Results
a) The PM10 monitoring station and dust fall sampler locations were reviewed and are as
follows:
1 s.r
Ay
Sample Station
Location
Monitor
SMC1
OPG
PM 10 BAM ,Dust fall Jar
A
Hutton Transport
PM 10 Hi Vol, Dust Fall
B
Cedar Crest
PM 10 Hi Vol Dust Fall
C
Cedar Crest (MOE location)
Dust Fall Jar
SMC2
Cove Road
PM 10 BAM , Dust Fall Jar
33
b) Five exceedances from PM10 or Dust Fall samplers or BAM monitors recorded since last
meeting:
• Sampler Location A:
➢After consultation with the MOE, this location has been temporarily removed
and will be replaced after berm construction and seeding has been completed,
likely in the late fall of 2016.
Date
Site A North East Quarry.
PM 10 Program 2016
(ILUIMI)
60
April 18
52
Working close to the sampler
1
building berm in Quarry
e0
40
n
E
—A North East Quarry
N
E
m
30
U
�B Cedar Crest
V
20
Limit
10
0
c c c c c c
e e e
Date
Site A North East Quarry.
Cause
(ILUIMI)
April 18
52
Working close to the sampler
building berm in Quarry
• SMC 1 and SMC2:
34
Date
2016 PM 10 BAM
Cause
Avg 24 h rs.
100
90
80
25 -May -1 6
70
M
E so
—SMC1 OPG
N
50
ro
SSMC 2 Cove
he plant
Rd.
2 40
V
E 30
20
IF
10
o _
6AA,L4�.-,n �4�4�4�01 `rym0000 zz zzoo222
Cate
SMC1 DPG
Cause
(IlgIMI)
24 -May -16
50
Agricultural activit
Agricultural activityand upwind
25 -May -16
87
elevated particulate values
25 -May -16
54
Agricultural activity
Date
SMC2 Cove Rd.
Cause
GIq/M3)
Elevated particulate values
25 -May -1 6
52
upwind coming from outside
he plant
No Dust Fall Exceedences in 2016
35
c) Emissions
• SO2 emissions for 2016 to May 31st are 2,049 tonnes; the total allowance for 2016 is
3,511 tonnes.
• NO,, emissions for 2016 to May 31St are 1,237 tonnes; the total allowance for 2016 is
3,192 tonnes.
• For SO2 emissions, the allowances from the plant in St Marys, Ontario may be applied
and additional allowances may be purchased - this is allowed as it is in the same
"airshed"
• Emissions are still compliant with legislation for local emissions, allowances are part of a
province wide emission reduction program
• Allowances may be bought and sold between different producers, however, St Marys is
striving to reduce emissions through investment in new processes and equipment and
has seen some success in using a new "lime hydrator" technology - the first of its kind in
the industry - and is investigating other methods
7. Dock Operation Practices
• Controls in place to reduce dust generated from dock operations
➢Petcoke piles are covered in tarps and dust suppressant is applied on open faces
➢Coal piles are not covered in tarps due to the risk of self -ignition; instead, dust
suppressant is applied on the piles — most piles are coal piles presently
➢Maximum height of fuel piles is 10m
➢Boat unloading Operations stop when wind speeds exceed 40km/h and are in
direction of concern
➢Backup alarms on all equipment consistently on site
36
Dust Fall 2016
8.00
7.00
6.00
i
�
_SMCt OPG
5.00
0
M
—SMC2 MOECwe Rd
C
N
E
4.00
A North East Quarry
m
B Cedar Crest
3.00
—MSC MOE Cetlar Cr
2.00
Limit
1.00
0.00
Jan Feb
Mar Apr May June July Aug Sep Oct Nov Dec
c) Emissions
• SO2 emissions for 2016 to May 31st are 2,049 tonnes; the total allowance for 2016 is
3,511 tonnes.
• NO,, emissions for 2016 to May 31St are 1,237 tonnes; the total allowance for 2016 is
3,192 tonnes.
• For SO2 emissions, the allowances from the plant in St Marys, Ontario may be applied
and additional allowances may be purchased - this is allowed as it is in the same
"airshed"
• Emissions are still compliant with legislation for local emissions, allowances are part of a
province wide emission reduction program
• Allowances may be bought and sold between different producers, however, St Marys is
striving to reduce emissions through investment in new processes and equipment and
has seen some success in using a new "lime hydrator" technology - the first of its kind in
the industry - and is investigating other methods
7. Dock Operation Practices
• Controls in place to reduce dust generated from dock operations
➢Petcoke piles are covered in tarps and dust suppressant is applied on open faces
➢Coal piles are not covered in tarps due to the risk of self -ignition; instead, dust
suppressant is applied on the piles — most piles are coal piles presently
➢Maximum height of fuel piles is 10m
➢Boat unloading Operations stop when wind speeds exceed 40km/h and are in
direction of concern
➢Backup alarms on all equipment consistently on site
36
8. Quarry Operation
• Extracting levels 2, 3 and 5 presently, to switch to 1,4 and 5 soon
• No ground or air vibration exceedances in start of 2016
• Overburden stripping and stockpiling underway
➢Berm construction happening along east side of property
➢Clay to be hauled for the Port Hope Area Initiative Port Granby Project Long -
Term Waste Management Facility
➢Truck traffic for hauling of the clay material is estimated at 50 —100 trucks per
day over a three month period (June — August 2016)
14
12
10
B
6
4
2
0
Peak Ground Vibration Leel (mm/s)
+o Io .o In Io Io Io Io Io Io Io Io Io co co co Io +o +o co Io Io Io +o Io � � Io Io Io � m m Io .o Io co co +o +o
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N
O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 0 0 0 0
—Golder Peak Component (mm/s) Cedar Crest --w-Golder Peak Component (mm/s) Aggregate Shop
—Golder Peak Component (mm/s) Baseline —Ground Vibration Limit
37
130
125
120
115
110
105
100
Peak Air Vibration Level (d B)
4 m b� 4 b 4 4 b 4 4 .D b 4 b 4 .O b 4 b b 4 m
ON N N N N N N N N N N N N N N N N pN N N N N N N N N N N N N N N N N N N N N N N
� � r?. R ;z n4 ;4 � � ;4m m n m v e v v e v Zn ;n Di Zn Dir Zn D �n D Zn Di .n
0 0 0 0 0 0 0 0
, nm m? r+`1 ti N N N Q z O m N1.�1 3 O N N O NQ? b -i
N 0 0 0 0 - N O- N N m 0 0 0 0 0 •'� "� N N N N N p
—Golder Air Vibration (dBL) Cedar Crest Golder Air Vibration (dBL) Aggregate Shop
— Golder Air Vibration (dBL) Baseline —Air Vibration Limit
9. Project Updates:
a) Perimeter Berm
• MNR approval to proceed received.
• To be constructed along North/East portion of quarry boundary
• Maximum width allowed of 50m though the berm will be closer to 30m
• Portion of the width of the berm may be reclaimed in the distant future; berm that
would remain would comply with MNR requirements
b) Alternative Fuels
• Project planning and equipment installation underway.
• Project will begin with wood in late 2016 at the earliest. Approximately 6 months of
trails and equipment testing with the wood feedstock would occur before the plastics
trial would commence.
c) Extending quarrying under the lake
• Continue to wait for comment from regulatory authority.
• Timeline for preliminary borehole drilling to be confirmed.
10. Community Outreach
• St Marys Cement in Bowmanville recently participated in the opening of a historic trail
that leads to "Camp 30", a former prisoner of war camp used during the Second World
War. The location was designated a historic site in 2013.
• The plant will also be contributing to the Highway of Heroes Light Armoured Vehicle
(LAV) III Monument Program in the Bowmanville Community
http://Iavmonument.ca/en/index.html
• The Bowmanville Plant has also contributed to the following programs:
➢Construction of two new outdoor classrooms started — Dr. Ross Tilley and
Central Public School
➢Ganaraska Forest Centre — Outdoor Education Program for Students
➢Their Opportunity Golf Tournament — Raises funds for Sports Equipment for
Children that would otherwise not be able to participate in sports
➢Golf Tournament for Ovarian Cancer
➢Mayor's Golf Classic to support the Bowmanville Museum
➢Support to Clarington Fire Fighters Golf Tournament for Camp Bucko
11. 2015 Council Update
• Council meeting June 13th at 7pm
• Annual Report to be revised to include:
➢Alternative Fuels section
➢CRC detour discussion process
➢CRC to take the lead on soliciting community participation in the CRC
12. 2016 CRC Meetings
• Next meeting September 6th, 2016
13. Outstanding Items
• Ask Wilson Little about when bore holes (in the lake) will be scheduled
• Possible CRC plant tour for CRC members
• Given number of new or replacement members, CRC Terms of Reference to be
redistributed to CRC members
39
AURORA
youAm t:j,& good Cowper
September 23, 2016
Legislative Services
Lisa Lyons
905-726-4771
townclerk@ aurora.ca
Town of Aurora
100 John West Way, Box 1000
Aurora, ON L4G 6J1
DELIVERED BY E-MAIL TO:
The Honourable Kathleen Wynne kwynne.mpp.co@liberal.ola.org
Premier of Ontario
Legislative Building, Queen's Park
Toronto, ON M7A 1 Al
Dear Premier:
Re: Town of Aurora Council Resolution of September 13, 2016
Report No. CS16-020 — Ontario Municipal Board (OMB) Reform Update
Please be advised that this matter was considered by Council at its Council meeting held on
September 13, 2016, and in this regard Council adopted the following resolution:
1. That Report No. CS16-020, and the attached Municipal Summit OMB
Reform: Process & Powers Recommendations, be received; and
2. That Council endorse the recommendation contained in Attachment 1 to
Report No. CS16-020, being:
a) That the jurisdiction of the Ontario Municipal Board (OMB) be limited
to questions of law or process and, specifically, when considering
appeals, that the OMB be required to uphold any planning decision(s)
of municipal councils unless said decision(s) is contrary to the
processes and rules set out in legislation; and
3. That a copy of the recommendation be sent to the Honourable Kathleen
Wynne, Premier of Ontario, the Honourable Bill Mauro, Minister of
Municipal Affairs, Mr. Patrick Brown, Leader of the Progressive
Conservative Party, Ms. Andrea Horwath, Leader of the New Democratic
Party, and all Members of Provincial Parliament in the Province of
Ontario; and
4. That a copy of the recommendation be sent to the Association of
Municipalities of Ontario (AMO), all Ontario municipalities, and the York
Regional Chair for consideration.
HE
The Honourable Kathleen Wynne, Premier of Ontario
Re: Town of Aurora Council Resolution of September 13, 2016
September 23, 2016
Page 2of2
The above is for your consideration and any attention deemed necessary.
Yours sincerely,
Lisa Lyons
Town Clerk
The Corporation of the Town of Aurora
LUlb
Attachment (Municipal Summit OMB Reform: Process & Powers Recommendations)
Copy: The Honourable Bill Mauro, Minister of Municipal Affairs
Mr. Patrick Brown, Leader of the Progressive Conservative Party
Ms. Andrea Horwath, Leader of the New Democratic Party
All Members of Provincial Parliament in Ontario
Association of Municipalities of Ontario
All Ontario Municipalities
Mr. Wayne Emmerson, York Region Chairman and CEO
41
Attachment 1
MUNICIPAL SUMMIT
OMB REFORM: PROCESS & POWERS
RECOMMENDATIONS
42
MUNICIPAL SUMMIT ON OMB REFORM: PROCESS AND POWERS
While each community is indeed unique, when it comes to planning matters, many of
our communities encounter the same issues. When considering development
proposals within the context of approved Official Plans — there is on-going pressure to
alter their Official Plans to approve project -specific amendment requests. Repeated
appeals to the OMB of Municipal councils' planning decisions to uphold their Official
Plans and deny project -specific amendment requests, results in multiple communities
fighting the same fight - wasting untold taxpayer dollars in the process. It is a lengthy,
costly, and frustrating process and one that is clearly not working.
Discussions around the need for OMB reform are not new. As an issue it has jumped
from the back burner to the front burner and back again many times over the past two
decades. However, despite the many years of discussion, there has been little material
change to the scope of powers, procedures or predictability of decision making of the
OMB. This had led to frustration for the key stakeholders in the process — Municipal
leaders, the development community and - most important - the residents and
communities affected by planning decisions and OMB rulings regarding same.
OMB processes and scope of power have not kept pace with the changes in municipal
planning necessitated by the explosion of growth in our communities. Effective planning
requires certainty and predictability in the processes that govern it. What is needed,
therefore, is clarity of the role and scope of power of all those with the authority for
decision making.
In light of the pending Provincial review of the OMB, this is an opportune time for
elected representatives — those decision -makers on the front lines of municipal planning
- to work together and advocate for appropriate and effective reform(s) of the OMB.
Elected officials from across the Province have been asking for change for a long time
and now, as a result of the Summit on OMB Reform — Process and Powers have
come together to identify common goals and common solutions and to advocate for
those changes in planning legislation. With reform, it is hoped that Municipalities will
have more authority and predictability in local planning decisions.
Background
The impetus for the Municipal Summit on OMB Reform came from a motion brought
forward by Councillor Tom Mrakas to Aurora Town Council in January of 2016 that
spoke to the need to address the scope and powers of the OMB. Subsequent to that,
and within the context of the need for OMB reform, an additional motion was put forward
jointly by Councillor Michael Thompson and Councillor Tom Mrakas that spoke to the
specific planning issue of development of open space/parkland and the need for criteria
against which both municipalities and the OMB can consider when reviewing said
development requests.
1
43
It was in the context of these two unanimously supported motions that the idea for a
Municipal Summit on OMB reform was born. Following quickly on the heels of the
passing of both motions, a Municipal Summit Planning Working Group was created to
begin the work of creating the Summit. The event, held in the Markham Civic Centre on
May 14t", was the result of months of hard work by this dedicated group of 17 elected
officials from 12 municipalities across the GTA.
The Municipal Summit was a unique event; a grass roots gathering of elected officials
from every corner of our Province, working together towards the common goal of
affecting real change in the decision-making processes that affect how our communities
are planned.
The daylong event featured a number of important speakers including Ms. Helen
Cooper, Former Mayor of Kingston, Chair of the Ontario Municipal Board, AMO
President Mr. John Chipman, Author "Law Unto Itself", former editor of the Ontario
Municipal Board Reports; Ms. Valerie Shuttleworth Chief Planner for York Region; Mr.
Leo Longo, Senior Partner Aird & Berlis LLP and Mr. Joe Vaccaro, CEO of the Ontario
Home Builders Association. The panelists engaged attendees and solicited their input
directly through breakout groups. Our guest Moderator, Mr. Bill Hogg, brought together
the outcome of both the broader discussions as well as the break out groups so as to
identify common themes that would inform the proposed recommendation(s)
Recommendations
At the outset, the purpose of the Summit was to identify common themes and common
principles of reform that would modernize the process and procedures of the OMB. The
purpose of which is to ensure that decisions of the Board reflect and respect the
uniqueness of every community. In reviewing the comments of the attendees and the
panelists as well as the municipal leaders that have weighed in through emails and
other communication, and taking into consideration the over 100 municipalities that
have endorsed the motion(s) advocating reform, the consensus view spoke to a clear
need to review the scope of powers of the OMB.
Thus, the recommendations of the Summit can be boiled down to one overarching
recommendation:
Limit the jurisdiction of the OMB to questions of law or process.
Specifically, when considering appeals, require the OMB to uphold
any planning decision(s) of Municipal Councils unless said
decision(s) is contrary to the processes and rules set out in
legislation.
A decision by a Municipal Council to uphold their Official Plan — a Plan that conforms to
provincial legislation and is approved by the Province through the delegated authority of
the relevant Regional government - should not be subject to appeal unless that decision
is contrary to the processes and rules set out in legislation. Further, OMB decision-
making processes/procedures should be predicated on the principle that planning
2
decisions of a local Municipal Council as they relate to their Official Plan will be upheld
unless they are contrary to the processes and rules set out in legislation.
The recent changes to the Planning Act (Bill 73) as they speak to limits on appeals —
namely that Official Plans cannot be appealed within the first two years of adoption - are
a good first step, but they don't go far enough. The consensus of attendees was that
appeals should be strictly limited. Some felt that amendment requests should not be
allowed to be put forward at all unless proponents can demonstrate that the proposed
changes to the Official Plan or zoning by-law fulfill a changing community need or in
some way better the community. The onus should be on the applicant to demonstrate
to the local Municipal Council that the changes to the Official Plan necessitated by a
proposed project or development benefit the community and/or enhance it. If a Council
sees that there is a clear benefit to the community then it is within the Councils authority
to grant the amendments. However, if a Council feels that the application does not
somehow better the community, then Council has full authority to deny the application
without it being subject to appeal.
There should be consistency in the scope of authority of Municipal Councils. Any other
decision by a Municipal Council is only subject to appeal through a judicial review the
scope of which is errors in process or law. The question then is - why are planning
decisions different? The answer is they should not.
As it stands now, Municipalities are required to review application after application,
requesting amendment after amendment; considering each in isolation as opposed to
the integrated whole. Piecemeal planning negates the utility and functionality of Official
Plans. Multiple changes to a Municipal Plan required by multiple project -specific
amendment requests compromises the integrity of the Official Plan and indeed the
planning process as a whole.
Municipal planning is a complex process. But the current legislation does not recognize
or reflect that complexity. The legislation does not adequately address what can be
appealed, who can put forward an appeal, and the relative weight that Municipal Council
decisions will be given in the adjudication of appeals. Similarly, vague terminology —
such as "...due consideration" — significantly impacts the predictability of decision
making processes of the Board. Even timelines for decision-making are unworkable.
Despite the fact that even mildly contentious development proposals require
considerable amount of time to compile the information necessary for informed Council
decisions, a decision must be rendered within 180 days or face appeal. This is not good
planning. This is ineffective and inefficient public planning.
Clearly there does still need to be a degree of flexibility in the decision making
processes. It is not the expectation that Official Plans are carved in stone. However, the
drivers of community change should be the community itself. Planning legislation —
including the OMB Act - should outline in very specific and very limited terms the basis
upon which a Municipal Council decision to refuse an amendment to its Official Plan or
zoning bylaw can be appealed. Concomitantly, decisions by the OMB when considering
appeals of local Council planning decisions should reflect and respect the vision of the
communities as defined in their Official Plans.
3
45
In closing, we recognize that our communities are dynamic. They continue to grow and
evolve over time. But with that evolution comes a very real pressure to manage that
growth in a way that is respectful of the unique character of the affected communities.
Through necessary legislative reform and the clarification of the scope of power and
authority of all decision making bodies — both elected and appointed - predictable,
appropriate decision-making processes can be achieved.
We thank the panelists, our moderator, our sponsors and most of all everyone who
participated in this process, for the incredible input and hard work that has been
undertaken.
Sincerely,
The Members of the OMB Reform Summit Working Group:
Councillor Tom Mrakas, Chair (Aurora)
Councillor Michael Thompson (Aurora).
Councillor Marianne Meed Ward (Burlington)
Councillor Nicholas Ermeta (Cambridge)
Councillor Frank Sebo (Georgina)
Councillor Cathy Downer (Guelph)
Councillor Yvonne Fernandes (Kitchener)
Councillor Karen Rea (Markham)
Regional Councillor Nirmala Armstrong (Markham)
Councillor Don Hamilton (Markham)
Councillor Christina Bisanz (Newmarket)
Councillor Karen Cilevitz (Richmond Hill)
Councillor David West (Richmond Hill)
Councillor & Deputy Mayor Pat Molloy (Uxbridge)
Councillor Marilyn lafrate (Vaughan)
Councillor Alan Shefman (Vaughan)
Councillor Mary Ann Grimaldi (Welland)
Councillor Steve Yamada (Whitby)
4
Dear Members of Clarington Council,
I am writing regarding the proposed changes to the Rural Areas Zoning Plan. I have lived in Clarington
since 2009 and have run a small dog walking business since 2010. 1 have been in the process of
searching for a property on which to open a small dog daycare facility. Recently I found a property that
was in my price range and an ideal location. Unfortunately, when I called the city planning department I
was informed that although no changes would need to be made to the footprint of the existing buildings
or landscaped area, a dog daycare would not be permitted on that site as it would fall under Clarington's
definition of a kennel. On further investigation I have found that there is nowhere in the region where
the zoning allows such a facility unless there was already a kennel existing prior to 2001. Such kennels
are in short supply and extremely financially prohibitive. There is a great demand for pet care in the
area as many of our citizens are pet owners who also commute long distances to work. My business is
unable to meet the demand due to the current restrictions.
I would like to petition the Councillors to create a provision in the amended plan and any associated by-
laws to make room for small, day -time only pet care facilities to exist in rural Clarington as a home
occupation. I would also like to request that the activities be allowed on the environmentally protected
Oak Ridges Moraine as long as the applicant satisfies the requirements of the Oak Ridges Moraine Act.
Currently home businesses including agriculture, small engine repair and low impact recreational uses
are permitted even in the natural core areas. A dog daycare facility with a limited number of dogs
would have equal or less environmental impact than these activities and I would be happy to consent to
an environmental assessment to satisfy the requirements.
Amending these by-laws to ease the restrictions on pet care facilities would not only allow my business
to grow, but it would also benefit the residents of Clarington. The median commute times in Clarington
range from 16 to 30 minutes depending on the neighbourhood. Add this to an 8 to 12 hour work day
and it means that many residents must find options for looking after their pets while they are at work.
Licensed dog daycare facilities would ease the strain of a long commute for many residents. There are
currently pet care businesses operating outside of the rules and regulations. A licensing procedure,
similar to that which exists for commercial boarding kennels would create a safe environment for the
animals and ensure that businesses would be well within current noise by-laws. Paid licenses would also
be an income source for the municipality.
The township of Kawartha Lakes has no limit on the number of dogs that can be housed at a residence
anywhere in their region, which also includes a large portion of the Oak Ridges Moraine. Kawartha
Lakes by-laws also define a kennel as a location where dogs are kept for more than 8 hours which means
a dog daycare facility would be exempt from kennel restrictions in that jurisdiction.
While I am considering opening my business just outside the boundaries of Clarington, I would prefer to
stay here. Clarington is my home.
I would appreciate an opportunity to address Council on this matter before a final decision is made.
Sincerely,
Sandra Harrop, R.V.T.
(905)999-4499
Clarftwn
Planning Services
Public Meeting Report
If this information is required in an alternate accessible format, please contact the Municipal
Clerk at 905-623-3379 ext. 2102.
Report To: Planning and Development Committee
Date of Meeting: October 3, 2016
Report Number: PSD -056-16
Resolution Number:
File Number: COPA2016-0002, ZBA2016-0013
& S -C-2016-0002 By-law Number:
Report Subject: Applications by 2399263 Ontario Limited (Matanda Homes) for a 21 -
unit draft plan of subdivision in Courtice
Recommendations:
That Report PSD -056-16 be received;
2. That the proposed applications for Clarington Official Plan Amendment (COPA2016-
0002), Zoning By-law Amendment (ZBA2016-0013) and proposed Draft Plan of
Subdivision (S -C-2016-0002) submitted by 2399263 Ontario Limited (Matanda Homes)
continue to be processed including the preparation of a subsequent report; and
3. That all interested parties listed in Report PSD -056-16 and any delegations be advised of
Council's decision.
Report Overview
This is a public meeting report to provide an overview of the applications by 2399263 Ontario
Limited (Matanda Homes) to create a residential plan of subdivision which would result in the
development of 8 single detached dwelling units and 13 street townhouse units.
The plan requires an amendment to the Clarington Official Plan and the South West Courtice
Secondary Plan to allow for Medium Density residential development and an amendment to the
Zoning By-law to place these lands in appropriate zones to permit the residential development.
1. Application Details
1.1. Owner/Applicant: 2399263 Ontario Limited (Matanda Homes)
1.2. Agent: KLM Planning Partners Inc.
1.3. Proposal: Proposed Amendment to Clarington Official Plan and Courtice
South West Secondary Plan
To place lands in the medium density residential designation.
Proposed Draft Plan of Subdivision
To create a 21 unit draft plan of subdivision consisting of 8 lots
for single detached residential units and 2 blocks for a total of
13 street townhouse units.
Rezoning
To rezone the lands from the existing Agricultural (A) zone to
appropriate zones that permit the proposed residential
development.
1.4. Area: 0.562 hectares
1.5. Location: 1445 Gord Vinson Avenue, Part of Lot 35, Concession 1,
Former Township of Darlington
1.6. Roll Number: 1817 020 070 03500, 1817 010 070 03578
1.7. Within Built Boundary: Yes
50
Municipality of Clarington
Report PSD -056-16 Page 3
2. Background
2.1 The subject applications were received and circulated for comments in late June 2016.
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2.2 The location and proposal for the subject lands is shown on Figure 1. This small infill
subdivision includes a residential parcel along the original alignment of Bloor Street in
Courtice, a small block from a previously registered plan of subdivision, and a portion of
unopened road allowance that was conveyed in May 2016.
2.3 The lands are now within the South West Courtice Secondary Plan and designated for
urban residential development. The development parcel has frontage along Gord Vinson
Avenue (formerly Bloor Street) and Frank Wheeler Avenue with municipal services
available on both frontages.
51
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2.2 The location and proposal for the subject lands is shown on Figure 1. This small infill
subdivision includes a residential parcel along the original alignment of Bloor Street in
Courtice, a small block from a previously registered plan of subdivision, and a portion of
unopened road allowance that was conveyed in May 2016.
2.3 The lands are now within the South West Courtice Secondary Plan and designated for
urban residential development. The development parcel has frontage along Gord Vinson
Avenue (formerly Bloor Street) and Frank Wheeler Avenue with municipal services
available on both frontages.
51
Municipality of Clarington
Report PSD -056-16
Page 4
2.4 The proposal includes two street townhouse blocks fronting onto Gord Vinson Avenue (a
total of 13 units) and 8 single detached lots along Frank Wheeler Avenue.
2.5 The applicant has submitted the following studies in support of the applications:
• Planning Justification Report
• Functional Servicing and Stormwater Management Report
• Energy Conservation and Sustainability Plan
• Archaeological Assessment
• Phase 1 Environmental Site Assessment
These reports will be detailed in a subsequent report.
3. Land Characteristics and Surrounding Uses
Figure 2: Photo of Subject Lands
3.1 The surrounding uses are as follows:
North - Existing semi -rural property, agricultural uses and residence identified as
a "Primary Heritage Resource"
South - Existing residential development in approved plans of subdivision
East - Existing semi -rural property and residence
West - Existing residential development in approved plans of subdivision
52
Municipality of Clarington
Report PSD -056-16
4. Provincial Policy
4.1 Provincial Policy Statement
Page 5
The Provincial Policy Statement identifies settlement areas as the focus of growth. Land
use patterns shall be based on densities and a mix of land uses that efficiently use land,
resources and infrastructure.
Opportunities for redevelopment and intensification must be promoted. Municipalities
must provide a variety of housing types and densities, and a range of housing options
that are affordable to the area residents.
Healthy and active communities should be promoted by planning public streets to be
safe, meet the needs of pedestrians, foster social interaction and facilitate active
transportation and community connectivity. Compact and diverse developments promote
active modes of transportation such as walking and cycling.
4.2 Provincial Growth Plan
The subject lands are within the defined Built Boundary. Population and employment
growth will be accommodated by directing a significant portion of new growth to the built
up areas through intensification and efficient use of existing services and infrastructure.
The development of complete communities is encouraged by promoting a diverse mix of
land uses, a mix of employment and housing types, high quality public open space and
easy access to local stores and services. New transit -supportive and pedestrian -friendly
developments will be concentrated along existing and future transit routes. The Growth
Plan establishes minimum targets for residential development occurring annually within
each upper tier municipality to be within the built up area.
5. Official Plans
5.1 Durham Regional Official Plan
The Durham Regional Official Plan designates the subject lands Living Area. Lands
within the Living Area designation shall be used predominantly for housing purposes
incorporating the widest possible variety of housing types, sizes, and tenure. Living Areas
shall be developed in a compact form through higher densities and by intensifying and
redeveloping existing areas.
The Durham Regional Official Plan requires a minimum intensification target of 32% for
lands within the built boundary in Clarington.
5.2 Clarington Official Plan
The lands are designated Urban Residential. Urban Residential lands are predominately
intended for housing purposes. Gord Vinson Avenue and Frank Wheeler Avenue are
local streets.
53
Municipality of Clarington
Report PSD -056-16
Page 6
The proposed subdivision falls within the Bayview neighbourhood which has a housing
target of 1250 low, 300 medium, and 125 high-density housing units, in addition to 50
intensification units, for a total of 1,725 units by the year 2016.
5.3 South West Courtice Secondary Plan
The South West Courtice Secondary Plan currently designates the land Low Density
Residential.
6. Zoning By-law
Zoning By-law 84-63 zones the subject lands Agricultural (A) Zone. Zoning By-law 84-63
does not have a future development zone and the Agricultural (A) Zone is often used for
that purpose on lands within the urban areas.
7. Public Notice and Submissions
Public Meeting notice was mailed to area residents and details of the application were
included in the Planning Services Department E -update and posted to the municipal
website. At the time of writing the report, three individuals have contacted staff regarding
the applications. Planning staff received one written submission via email. Concerns
raised to date include unit mix and the introduction of townhouse units, the lack of gas
stations and commercial uses to serve area residents, school capacity, traffic and
parking, and impacts from area construction sites.
8. Agency Comments
8.1 Regional Municipality of Durham
Comments from the Region of Durham have not been received at the time of writing this
report.
8.2 Central Lake Ontario Conservation Authority
The Conservation Authority did not identify any concerns with the proposal and provided
technical comments to the applicant regarding grading and stormwater management that
must be addressed.
8.3 Kawartha Pine Ridge District School Board
Students from this development would attend Dr. G.J. MacGillivray Public School,
Courtice Intermediate and Courtice Secondary School. Board staff request that
consideration be given to sidewalk connections and pedestrian routes to allow safe
access for students to Dr. G.J. MacGillivray.
8.4 Other agencies
Enbridge Gas, Canada Post and Rogers have no objections to the applications.
54
Municipality of Clarington
Report PSD -056-16
9. Departmental Comments
9.1 Engineering Services
Page 7
The applicant has submitted a Functional Servicing Report in support of this application
which addresses grading, servicing and stormwater management for this proposed
development. The report is currently under review and appears to be generally
satisfactory. The grading of the site should eliminate proposed retaining walls along the
east limit of the development. Every effort must be made to preserve the trees along the
east boundary of the proposed development.
The Robinson Ridge and Huntington subdivisions were developed and services
constructed anticipating development of these lands. The existing road network on Gord
Vinson Avenue can support the two townhouse blocks, and Frank Wheeler Avenue can
support eight single family dwellings without requiring any road improvements in the area.
Additional technical considerations would be part of the detailed review of the subdivision
such as site alteration, construction traffic routes (to be limited to Gord Vinson Avenue),
service connections, road restoration and driveway alignment to accommodate on -street
parking.
A cash -in -lieu of parkland payment would be required as a condition of approval.
A former municipal road allowance is included within the limits of the draft plan of
subdivision. This unopened road allowance was conveyed subsequent to approval of
recommendations contained in the Legal Service Department Report LGL -002-16.
9.2 Emergency and Fire Services
No concerns.
9.3 Operations Department
Operations has provided comment regarding necessary streetlighting upgrades along
Gord Vinson Avenue. The subdivision agreement would require provisions relating to
protection measures for mud tracking on municipal streets.
10. Discussion
10.1 This small infill subdivision is located along the former Bloor Street alignment (now Gord
Vinson Avenue) in the growing area of southwest Courtice. The development is very
efficient and takes advantage of existing roads and servicing. The lots can be serviced
and accessed from both Gord Vinson Avenue and Frank Wheeler Avenue. The
development has a density of 37 units per net hectare. All housing units would contribute
to intensification targets.
55
Municipality of Clarington
Report PSD -056-16
Page 8
10.2 The applicant will have to demonstrate that the grading of the development can be
completed in a manner that takes into consideration transitions to new development to
the west and the existing property to the east.
10.3 The purpose of the public meeting is to provide an opportunity for further public input.
These public comments will be compiled, discussed with the applicant and addressed in
a subsequent staff report.
11. Concurrence
Not Applicable
12. Conclusion
Staff will continue processing the application including the preparation of a subsequent
report upon resolution of the identified issues.
13. Strategic Plan Application
Not applicable.
Submitted by: Reviewed by:
David J. Crome, MCIP, RPP
Director of Planning Services
Curry Clifford, MPA, CMO
Interim CAO
Staff Contact: Anne Taylor Scott, Senior Planner, 905-623-3379 ext. 2414 or
ataylorscott@clarington. net
The following is a list of the interested parties to be notified of Council's decision:
2399263 Ontario Limited
Billy Tung
Dave Bandreth
John Gilmore
Susan Young
Ashwin Balmri
ATS/CP/DCJ/tg
56
Cladiwn
Planning Services
Public Meeting Report
If this information is required in an alternate accessible format, please contact the Municipal
Clerk at 905-623-3379 ext. 2102.
Report To: Planning and Development Committee
Date of Meeting: October 3, 2016
Report Number: PSD -057-16 Resolution Number:
File Number: ZBA2016-0008 By-law Number:
Report Subject: Implementation of the Courtice Main Street Secondary Plan
— Draft Zonina By-law
Recommendations:
1. That Report PSD -057-16 be received;
2. That staff consider the comments received at the Public Meeting in the further processing
of the Zoning By-law Amendment to implement the Courtice Main Street Secondary Plan;
and
3. That all interested parties listed in Report PSD -057-16 and any delegations be advised of
Council's decision.
57
Municipality of Clarington
Report PSD -057-16
Report Overview
Page 2
The purpose of the attached zoning regulations is to implement the policies of the Courtice
Main Street Secondary Plan. Providing as -of -right permissions for mid -rise development along
Durham Highway 2 in Courtice will smooth the way to successful implementation.
The highlights of the zoning regulations include:
1. The intensification of people and building areas;
2. A mix of land uses;
3. Designing attractive streetscapes; and
4. Ensuring high quality urban design.
The purpose of this report is to formally present the proposed zoning regulations to the public.
1. Introduction
The Courtice Main Street (CMS) Secondary Plan was developed to help create a strong
identity for Courtice by promoting a dense, mixed-use, transit -oriented corridor with the
Town Centre as the focus of community activity.
The CMS Secondary Plan extends along Durham Highway 2 from Townline Road in the
west to Courtice Road in the east. It also includes additional properties at Trulls Road
which are a part of the future Town Centre for Courtice.
The CMS Secondary Plan includes a list of tools that will support the implementation of
the Secondary Plan's policies. These tools are:
• Zoning regulations that must be followed when developing land and constructing
new buildings;
• A Community Improvement Plan (CIP) to provide a set of financial incentives that
will help to implement the vision for the Courtice Main Street area; and
A detailed Urban Design Plan for the Town Centre which will demonstrate how all
of the properties in the Town Centre will be developed over time.
A draft of the proposed zoning for the east half of the CMS area is contained in
Attachment 1 of Report PSD -057-16. The west half of this area is not addressed at this
time because:
There is existing commercial zoning on much of the westerly portion of the Courtice
Main Street area. Therefore, this will be further addressed in the context of the
upcoming Zoning By-law Review.
Municipality of Clarington
Report PSD -057-16
Page 3
2. There is a pending development application on the high density site beside the
Farewell Creek (the lands previously referenced by Mr. Jeff Goldman of Durham
Custom Homes), which may require site specific zoning regulations.
2. Principles of the CMS Secondary Plan
The CMS Secondary Plan contains a variety of complementary policies designed to
shape the long-term vision for the Courtice Main Street area. These policies can be
summarized by the following principles:
• Intensification of people and building areas that are in keeping with the targets
set out in the Durham Regional Official Plan and are supportive of a walkable
environment and the development of a future rapid transit system;
• A mix of land uses (residential and commercial) together on the same property
and even within the same building in order to minimize land consumption and
efficiently address complimentary needs;
• Attractive streetscapes which include the thoughtful design of gateways,
greenway features, pedestrian nodes, bike facilities, sidewalks, street trees,
planted boulevards, lighting and street furniture, signage and specialty paving; and
• High quality urban design of buildings and sites which contribute to a positive
image of the Courtice Main Street.
3. Proposed Zoning Regulations
3.1. New Zone Categories
The proposed zoning by-law amendment would establish three new zones, each with a
slightly different emphasis. They are as follows:
• Residential Mixed Use Zone is first and foremost a residential zone allowing for
townhouse, stacked townhouse or apartments, depending on the height
permissions. Ground floor commercial uses are optional.
• Commercial Mixed Use Zones are mandatory mixed -used development areas
with ground floor commercial and upper storey residential.
• Town Centre Mixed Use Zones allows for a wider array of commercial uses (e.g.
supermarkets, larger floorplate stores, office buildings) within optional upper storey
residential.
3.2. Exception Zones
In some instances, exception zones have been created to recognize existing commercial
uses which previously submitted rezoning applications. It is the not the intention of these
zoning regulations to force existing businesses to close. However, it is hoped that, over
59
Municipality of Clarington
Report PSD -057-16
Page 4
time, these regulations will provide the opportunity for each property to consider a more
intensified development of their site than exists today.
The sites which have been provided with an exception zone include:
• 1540 Durham Highway 2 — Stuttering John's
• 1556 Durham Highway 2 Drive - Connie Tang
• 1560 Durham Highway 2 — Courtice Chiropractic and Massage Therapy
• 1564 Durham Highway 2 — W.O. Insurance
3.3. Compound Zones
Commercial uses within the CMS area which have existing zoning rights will receive a
new zone category in addition to their existing zone. This will create what is called a
compound zone.
When a property contains two zoning rights at the same time, the land may be used for
any use permitted in either one of the zones. The intent here is to maintain all of the
current zoning rights of the existing business to continue operating as long as they see fit.
At the same time, the second set of zoning rights provides these properties with the
opportunity to develop a more intensified site in the future.
The sites which have been provided with a compound zone include:
• Courtice Funeral Chapel
• Pine Ridge Motel
• Roy Nichols Motors Ltd.
3.4. Legal Non -Conforming Uses
Any existing land uses which have not been recognized by either an exception zone or a
compound zone will become legal non -conforming as a result of the proposed zoning
changes. Legal non -conforming uses can continue to operate as long as they see fit
within their current buildings. However, any enlargement, extension or reconstruction of
buildings used for a legal non -conforming use will require the future approval of the
Committee of Adjustment. The expectation is that, over time, these properties will be
redeveloped to a higher density than exists today.
The sites which will become legal non -conforming include:
• Existing single detached dwellings
• The offices of Gay Company Limited
Municipality of Clarington
Report PSD -057-16
• Islamic Centre of Clarington
• Courtice Convenience
3.5. Halloway Holdings Lands in the Town Centre
Page 5
Staff are continuing their urban design discussions with Halloway Holdings regarding their
lands in the Courtice Town Centre. The currently proposed zoning is intended to serve
as a placeholder until the Urban Design Plan for those lands have been completed. It is
expected that a revised set of zoning regulations for the Halloway Holdings property will
be required to reflect the final Urban Design Plan.
3.6. Height Requirements
Minimum height requirements are an effective way to communicate built -form
requirements and begin the process of meeting the Regional density targets. The height
requirements through the CMS area range from two to six stories. The zoning category
for each property lists both the minimum and maximum height requirements. For
example, a property with the zoning "RMU (S: 2/4)" would follow the land use permissions
and regulations of the Residential Mixed -Use Zone and would be subject to a minimum
height of two stories and a maximum height of four stories.
3.7. Street Animation Requirements
A number of the proposed regulations are intended to provide attractive streetscapes
which in turn promotes walkable and complete communities. This includes requiring that
new buildings be located near the street with a minimum amount of transparent glazing
facing the street and locating doors along the street in addition to those doors that may
face the parking areas at the rear.
3.8. Home occupation in multi -residential buildings
Home occupations are micro businesses which principally serve the needs of the
surrounding neighbourhood. They are permitted in existing residential neighbourhoods
provided that they remain in scale with their surrounding area. Multi -residential
neighbourhoods, such as the kind envisioned for the CMS area, will benefit from home
occupations just as much as other neighbourhoods. The key is to create the correct
scale to ensure that these businesses contribute rather than detract from their
surroundings. Thus the range of home occupation uses are much more limited than in
single detached homes.
3.9. Reduced Parking requirements
In order to promote higher density development, some municipalities have set a
maximum limit on the number of parking spaces that may be provided on a property. The
proposed parking requirements for Courtice Main Street do not set a cap on the
maximum number of parking spaces at this point but instead reduce the minimum amount
of parking spaces that are required to be provided. This is intended to provide
61
Municipality of Clarington
Report PSD -057-16
Page 6
developers, at both ranges of the market, with flexibility when designing the layout of their
projects.
Lower parking requirements are expected to assist in the construction of average priced
residential developments. Developers who wish to create luxury accommodation have
told Planning Services staff that these same parking requirements will allow them to
choose what parking ratios will be best suited for their clients.
4. Public Notice and Submissions
4.1. Public Information Centre (June 14, 2016)
At the Public Information Centre held on June 14, 2016, at Faith United Church in
Courtice, an overview of the proposed Zoning By-law for the Courtice Main Street area
was presented to the public. The meeting was attended by at least 33 members of the
public. A further 5 individuals were unable to attend the Public Information Centre but did
contact Planning Services staff to ask questions and provide their feedback.
The general tone of the comments received from the public was supportive of the
proposed zoning regulations for Courtice Main Street. Some of the specific comments
received were as follows:
• Enhance the walkability of Courtice Main Street. Make it a place that people can
walk to;
• Provide municipal infrastructure, specifically sanitary sewers, so that redevelopment
can begin;
• Create an identity for Courtice;
• Give us the opportunity to shop locally;
• Some higher density residential growth is needed in the community but only if it is
well designed;
• Ensure an attractive streetscape along Durham Highway 2;
• Increase the permitted height in some areas up to 8 stories;
• The reduced parking requirements will allow flexibility in the design of new
developments;
• The proposed minimum densities will require underground or structured parking
which is expensive; and
• Consider broadening the way land uses are defined to avoid the problem of missing
any.
62
Municipality of Clarington
Report PSD -057-16
Page 7
Several property owners communicated to Planning Services staff that they planned to
sell their homes in the next several years. They viewed the proposed zoning regulations
as an opportunity to add value to their property before they sell.
Despite broad acceptance by the public for the proposed zoning regulations, the main
concern expressed was how redevelopment will take place if municipal water and
sanitary sewers are not provided along Durham Highway 2 between Prestonvale Road
and Courtice Road.
4.2. Public Meeting Notice
Public notice for this meeting was placed in the Clarington This Week newspaper. The
public notice was also mailed to each landowner of lands being rezoned. In addition, the
notice that was placed in the newspaper was posted on the Municipal website and in the
Planning Services E Update newsletter.
As of the writing of this report, Staff had received four inquiries regarding this application.
Three of the inquiries requested information on the process for reviewing and approving
the proposed zoning regulations but did not offer an opinion on them.
The fourth inquiry asked for information on the content of the regulations in regards to a
specific property but did not offer an opinion on them.
5. Agency Comments
5.1 Regional Municipality of Durham
As noted earlier, the Courtice Main Street Secondary Plan was reviewed and approved
by the Region of Durham in January, 2013. The Durham Highway 2 right-of-way width
that approved through the CMS Secondary Plan was 36 metres. Since the approval of
the CMS Secondary Plan the Region of Durham has begun work on the creation of a
Regional Transportation Master Plan (Regional TMP). The proposed policies of the
Regional TMP identify that the future right-of-way width for Durham Highway 2 should be
45 metres to accommodate future bus -rapid -transit service.
As of the writing of this report, no comments have been received from the Durham
Regional Planning & Economic Development Department.
5.2 Central Lake Ontario Conservation Authority
As of the writing of this report, no comments have been received from Central Lake
Ontario Conservation Authority.
63
Municipality of Clarington
Report PSD -057-16
6. Departmental Comments
Engineering Services
Page 8
The Engineering Services Department have expressed significant concern with the new
parking regulations that are proposed by the Courtice Main Street Zoning regulations. Ir
particular, in their view the minimum parking standards shown are too low and visitor
parking should be provided for.
7. Conclusion
The proposed zoning amendment would establish mixed use zoning along the Courtice
Main Street.
Beyond creating a set of regulations the proposed zoning for Courtice Main Street is
intended to:
• Be a catalyst for new development along Durham Highway 2 in Courtice.
• Expand the housing options for current and future residents of Courtice.
Create new opportunities for retail and service jobs allowing some residents to
work closer to home while expanding local shopping and business opportunities
for the community.
The purpose of this report is to formally present the proposed zoning regulations to the
public. Based on the comments received from the Public Information Centre and this
Public Meeting, Planning Services staff will prepare a final draft of the zoning amendment
for consideration by Council at a future meeting.
8. Strategic Plan Application
The proposed rezoning facilitates the creation of jobs and businesses, provides for
walkable mixed use neighbourhoods and it helps support a variety of affordable mixed
housing types.
ID
Municipality of Clarington
Report PSD -057-16
Submitted by: Ak Reviewed by:
David J. Crome, MCIP, RPP Curry Clifford, MPA, CMO
Director of Planning Services Interim CAO
Page 9
Staff Contact: Paul Wirch, Planner II, 905-623-3379 ext. 2418 or pwirch clarington.net
Carlos Salazar, Manager, 905-623-3379 ext. 2409 or csalazar(a)_clarington.net
Attachments:
Attachment 1 — Proposed Zoning Regulations
List of interested parties to be notified of Council's decision is on file in the Planning Services
Department.
PW/COS/jp*ah
i;%--ueparimenr%LDO NEW FILING SYSTEM\Application Files\ZBA Zoning\2016\ZBA2016-0008 Courtice Main Street\3-Reports\Staff
Report_PSD-057-16_Courtice Main Street.docx
65
Attachment 1 to
Municipality of Clarington Report PSD -057-16
Proposed Zoning By-law for the
Courtice Main Street Secondary Plan Area
Phase One — East of Farewell Creek
For more information, please contact:
Paul Wirch or Carlos Salazar
Planning Services Department
905-623-3379 Extension 2418
pwirch _clarington.net
October 3rd, 2016
m •
Attachment 1 to
Municipality of Clarington Report PSD -057-16
How to Read the Proaosed Courtice Main Street Zonina
The proposed zoning provisions will be added to Zoning By-law 84-63. As a result,
these provisions need to be read in the context of the existing definitions and general
provisions already contained in that document.
In some instances a regulation (such as the number of parking spaces that must be
provided) is referred to in both the general provisions of the Zoning By-law and in the
new provisions which are being proposed. In those instances, the new provisions will
replace the existing regulations.
Holding Symbol
What is it?
Each of the proposed zones begin with the letter "H" (e.g. "Holding Residential Mixed
Use (H)RMU"). This means that the property is subject to a Holding provision. A
Holding provision is applied when Council is satisfied that the proposed uses are
appropriate but there remain outstanding technical requirements that need to be
satisfied. No new development can proceed until the Holding has been lifted by
Clarington Council.
How does the Holding get removed?
Landowners can apply to have the Holding provision lifted once all technical
requirements have been met.
How can the property be used in the meantime?
Any use, building or structure that existed prior to the Holding provision being added are
permitted to continue. Lands that are subject to a Holding provision cannot be used for
any of the new uses indicated by the underlying zone until specified requirements have
been met.
October 3rd, 2016
67
Attachment 1 to
Municipality of Clarington Report PSD -057-16
Revisions to Section 2 "Definitions" of By -Law 84-63
The following definitions are added:
Dwelling, Apartment
Shall mean a dwelling within either an apartment building or a mixed-use building.
Mixed -Use Building
Shall mean a building containing apartment dwellings and at least one non-
residential use.
October 3rd, 2016
Attachment 1 to
Municipality of Clarington Report PSD -057-16
Revisions to Section 3 "General Provisions" of By -Law 84-63
The following General Provisions are added:
3.11 b Home Occupation (Multi -Residential)
a. Permitted Uses
i) adult home care;
ii) business, professional or administrative office;
iii) caterer;
iv) children's home care;
v) home craft business;
vi) instructional services; and
vii) personal service shop.
b. Regulations
The following regulations apply to dwelling units wherein a home
occupation is permitted:
i) There shall be no display, other than a sign erected in conformity with the
By-laws of the Municipality.
ii) Not more than twenty-five (25) percent of the total floor area of the
dwelling unit shall be used for the purposes of the home occupation use.
iii) No additional parking shall be required.
iv) There shall be no outside storage of goods or materials associated with a
home occupational use.
v) Instructional services may accommodate a maximum of one student at a
time.
October 3rd, 2016
Attachment 1 to
Municipality of Clarington Report PSD -057-16
Revisions to Section 26 "ImDlementation" of By -Law 84-63
The following sections are revised:
26.4 Zone Suffixes
The suffix "S" indicates the minimum and maximum number of stories permitted for
buildings constructed within this zone boundary on the lot. For example, the
category CMU (S:2/4) indicates a minimum of 2 stories and a maximum of 4
stories may be constructed on a lot with this zoning.
26.5 Compund Zones
Notwithstanding any other zone provision of this By-law, where two or more zone
symbols are shown on a map to this by-law divided by an oblique line "P, the total
of the lands within that lot may be used for any use permitted in either one of the
zones included in the compound zone symbol subject to the regulations applicable
to said zone.
Where two or more zones in a compound zone permit the same use and the
regulations contained in each zone for that use are different, the least restrictive
regulation shall apply.
October 3rd, 2016
70
Attachment 1 to
Municipality of Clarington Report PSD -057-16
Revisions to Section 16A "Mixed -Use Zone" of By -Law 84-63
Section 16A.1 Permitted Uses
Table .A -. Uses In
Residential Uses
The Mixed -Use
Cornmerciial
-.
.-
Vntiall
.
Apartment Building
- Y
Apartment Dwelling
Y
Y
Home Occupation
(Multi -Residential)
Y
Live / Work Dwelling
-
Y
Long Term Care Facility
Y
Retirement Home
Y
Single Detached Dwelling
Y 2
Townhouse Dwelling, Link
-
Y
-
Townhouse Dwelling, Stacked
-
Y
Retail Uses
Artisan Studio
Y
Convenience Store
Y
Retail Commercial Establishment
Y
Supermarket
-
Y
Personal and Professional Services
•
Business, Administrative or
Professional Office
Y
Eating Establishment
Y
Eating Establishment,
Take-out
Y
Financial Office
Y
Fitness Centre
Y
Funeral Services Establishment
Y
October 3rd, 2016
71
Attachment 1 to
Municipality of Clarington Report PSD -057-16
L-0—
muff
Day Nursery
Y
Dry Cleaning Distribution Centre
Y
Hotel
Y
-
Y
Laundry
Y
Medical or Dental Clinic
Y
Printing or Publishing
Establishment
Y
School, Commercial
Y
Service Shop, Personal
Y
Service Shop, Light
Y
Veterinarian Clinic
Y
Gathering Places and Community Uses
Assembly Hall
Y
Place of Entertainment
Y
Place of Worship
Y
Private Club
Y
16A.1 Regulations for Permitted Uses
1. When located within a mixed-use building, apartment dwellings are not
permitted within the business establishment street fagade of the first storey.
2. Only single detached dwellings, which existed on the date of the passing of
this By-law, are permitted. These buildings shall be subject to the regulations
contained 12.2.
October 3rd, 2016
72
Attachment 1 to
Municipality of Clarington Report PSD -057-16
Section 16A.2 Regulations
Table 16A.2 Regulations In The Mixed -Use Zone
Residentialommercial
ixed-Use Mixed-Usell Mixed -Use
11CMUNI "RMU" "TCMU"
Minimum Front Yard
lommercial Resi
Densit Mixed -Use Mixed -Us
"CMU" "RMU
W.
Town Centrf
Mixed -Use
"TCMU"
5.0 metres
D-residentialunits
2.0 metres
Maximum Exterior Side Yard
•- - developable
.1
1.5 metres
Minimum Interior Side Yard
abutting a Residential Zone
5.0 metres
Minimum Rear Yard
Floor•.Index1
Minimum Rear Yard abutting a
Residential Zone
10.0 metres
per developable
k: uilding Location
lk
Residentialommercial
ixed-Use Mixed-Usell Mixed -Use
11CMUNI "RMU" "TCMU"
Minimum Front Yard
2.0 metres
Maximum Front Yard
5.0 metres
Minimum Exterior Side Yard
2.0 metres
Maximum Exterior Side Yard
5.0 metres
Minimum Interior Side Yard
1.5 metres
Minimum Interior Side Yard
abutting a Residential Zone
5.0 metres
Minimum Rear Yard
1.5 metres
Minimum Rear Yard abutting a
Residential Zone
10.0 metres
October 3rd, 2016
73
Attachment 1 to
Municipality of Clarington Report PSD -057-16
OwBuilding Massing (excludin.
.-
accessory buildings and
Amount of transparent glazing
Minimum number of storeys
As identified on the Zoning Map Schedule
Maximum number of storeys
As identified on the Zoning Map Schedule
Minimum height of the first storey
4.0 metres
Maximum height of the first
6.0 metres
storey
fagade to the rear fagade.
Maximum height of the all
4.0 metres
storeys above the first storey
storey of the street fagade.
Above the ground floor, each storey shall
Minimum storey requirements
contain a floor area equal to no less than
50% of the floor area immediately beneath it
to be considered a storey.
Minimum length of the street
fagade along Durham Highway 2
50%
/ King Street / King Avenue 1)
Minimum length of the street
fagade along any public or
private street other than Durham
30%
Highway 2 / King Street / King
Avenue')
October 3rd, 2016
74
•
Amount of transparent glazing
within the business
50%
establishment street fagade
Location of a Residential
Within a street fagade or no greater than half
Entrance
the width of the building from the street
fagade to the rear fagade.
Location of Non -Residential Use
1 main building entrance within the first
Entrances
storey of the street fagade.
October 3rd, 2016
74
Attachment 1 to
Municipality of Clarington Report PSD -057-16
October 3rd, 2016
75
Commercial
Residential Town Centre
Residential
Town Centre
Street Animation
ixed-U
CMU
-.
Mixed -Use ��
RMU
Mixed -Use
TCMU
Minimum planting • abutting .
1 - -
residential • -
•• -.• -• • •
0.5 spaces per dwelling
residential uses
1 parking space per dwelling unit.
•- • • -• • •
Minimum residential parking
- •- -
0.5 parking space per dwelling unit.
townhouse dwellings
October 3rd, 2016
75
Commercial
Residential Town Centre
Landscape Requirement
Mixed -Us
CMU
Mixed -Use Mixed -Use
RMU TCMU
-.
-.
Is 111,
10% of the required automobile parking
Minimum planting • abutting .
1 - -
residential • -
October 3rd, 2016
75
.-
IZ
•-
•
Requiremenizi-.
1 parking space for each per 40 square
-.
-.
Minimum bicycle parking/storage
10% of the required automobile parking
spaces for non-residential uses
spaces
Minimum internal bicycle
parking/storage spaces for
0.5 spaces per dwelling
residential uses
1 parking space per dwelling unit.
October 3rd, 2016
75
.-
IZ
---_Parking and Loading
Minimum non-residential parking
1 parking space for each per 40 square
requirements
metres of total, non-residential, floor area.
Minimum residential parking
requirements - existing, single
2 outdoor parking spaces.
detached dwellings
Minimum residential parking
requirements - All townhouse
1 parking space per dwelling unit.
dwellings
Minimum residential parking
requirements - All non-
0.5 parking space per dwelling unit.
townhouse dwellings
Minimum loading space
1 space (3 metres x 7.5 metres)
requirements
October 3rd, 2016
75
Attachment 1 to
Municipality of Clarington Report PSD -057-16
Additional Provisions
1. The street fagade as a percentage of the street line shall not apply in a
situation where one or more buildings occupy or will occupy the space between
the subject building and the street as identified on an approved Site Plan.
October 3rd, 2016
76
Attachment 1 to
Municipality of Clarington Report PSD -057-16
Additions to Section 16A.3 "Exceations" of By-law 84-63
Section 16A.3.1 Commercial Mixed -Use Exception "CMU -1 (S:2/4)" Zone
(1564 Durham Highway 2 — W.O. Insurance)
Notwithstanding Sections 16A.1 and 16A.2, those lands zoned "CMU -2 (S:2/4)" on
the Schedules to this By-law shall, in addition to all other uses and regulations of
the CMU zone, be subject to the following requirements:
a) A business, professional or administrative offices may be located within the
building which existed on the date of the passing of this By-law.
a. Regulations
i) Lot area (minimum) 2,670 square metres
ii) All permitted uses listed in 16A.3.1 a., must be located within the
existing building.
b. Where the zone symbol shown on a Schedule to this By-law is preceded by
the letter (H), the use of the lands shall be limited to the existing single
detached dwelling. The (H) Holding Symbol may be removed upon Council
being satisfied that the property has received Site Plan approval by
November 1, 2017.
Section 16A.3.2 Commercial Mixed -Use Exception "CMU -2 (S:2/4)" Zone
(1556 Durham Highway 2 — Dr. Connie Tang and 1560 Durham Highway 2 — Courtice
Chiropractic and Massage Therapy)
Notwithstanding Sections 16A.1 and 16A.2, those lands zoned "CMU -3 (S:2/4)" on
the Schedules to this By-law shall, in addition to all other uses and regulations of
the CMU zone, be subject to the following requirements:
a. A medical or dental clinic may be located within the building which existed on
the date of the passing of this By-law.
b. Regulations
i) Lot area (minimum) 4,045 square metres
ii) All permitted uses listed in 16A.3.2 a., must be located within the
existing buildings.
C. Where the zone symbol shown on a Schedule to this By-law is preceded by
the letter (H), the use of the lands shall be limited to the existing single
detached dwelling. The (H) Holding Symbol may be removed upon Council
being satisfied that the property has received Site Plan approval by
November 1, 2017.
October 3rd, 2016
77
Municipality of Clarington
Attachment 1 to
Report PSD -057-16
Section 16A.3.3 Commercial Mixed -Use Exception "CMU -3 (S:2/4)" Zone
(1540 Durham Highway 2 — Hilltop)
Notwithstanding Sections 16A.1 and 16A.2, those lands zoned "CMU -1 (S:2/4)" on the
Schedules to this By-law shall, in addition to all other uses and regulations of the CMU zone,
be subject to the following requirements:
a. Permitted Residential Uses
i) Dwelling units existing at the date of the passing of this by-law; and
ii) Apartment Dwellings.
b. Permitted Non -Residential Uses
i) Business, professional or administrative offices;
ii) Commercial school;
iii) Convenience store;
iv) Day nursery;
v) Dry Cleaning Distribution Centre;
vi) Eating Establishment;
vii) Eating Establishment, Take-out;
viii) Financial Office;
ix) Hotel;
x) Laundry;
A) Medical or Dental Clinic;
xii) Motel;
xiii) Personal Service Shop;
xiv) Place of Entertainment;
xv) Place of Worship;
xvi) Private Club;
xvii) Retail/Commercial Establishment;
xviii) Tavern;
xix) Veterinarian Clinic; and
xx) Stationary Refreshment Vehicle provided the property was identified in a
Stationary Refreshment Vehicle license issued by the Municipality prior to
September 21, 2015 and the property has continuously been identified
in an annual stationary Refreshment Vehicle license issued by the
Municipality since that date.
C. Regulations
iii) Lot area (minimum) 7,200 square metres
iv) All permitted uses listed in 16A.3.3 a. and 16A.3.3 b., with the exception of a
Stationary Refreshment Vehicle, must be located within either the existing
mixed-use building or the existing single -use building.
Ev
Municipality of Clarington
Attachment 1 to
Report PSD -057-16
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October 3rd, 2016
Clarington
Planning Services
Report
If this information is required in an alternate accessible format, please contact the
Municipal Clerk at 905-623-3379 ext. 2102.
Report To: Planning and Development Committee
Date of Meeting: October 3, 2016
Report Number: PSD -058-16 Resolution Number:
File Number: PLN 8.8 By-law Number:
Report Subject: Delegation of Site Plan Approval authority for applications in the
Oak Ridges Moraine to the Manager of Development Review and
Other Administrative Improvements
Recommendations:
1. That Report PSD -058-16 be received; and
2. That the amendment to Site Plan Control By-law 2010-139 contained in
Attachment 1 to PSD -058-16 be aDDroved.
W
Municipality of Clarington
Report PSD -058-16 Page 2
Executive Summary
As part of our continuous improvement process, it is proposed that residential and
agricultural site plans in the Oak Ridges Moraine be delegated further from the Directors
of Engineering Services and Planning Services to the Manager of Development Review.
Other process changes and community engagement improvements are also identified.
1. Site Plan Control By-law
1.1 The Oak Ridges Moraine Conservation Plan (ORMCP) requires municipalities to
evaluate the potential impacts on environmental features resulting from any
development. Any development or site alteration within 120 metres of a natural
heritage feature or hydrologically sensitive feature must undertake a natural
heritage evaluation or hydrological evaluation respectively.
1.2 In 2005, the Municipality enacted the Oak Ridges Moraine Zoning By-law 2005-
109. At that time it was determined that the results of any natural heritage
evaluation or hydrological evaluation could only be successfully implemented
through site plan control. Accordingly, Council extended site plan control in the
Oak Ridges Moraine to include agricultural buildings, residential buildings and
related accessory structures. Exemptions were provided for building expansions
less than 50 % of the original building or structure or 50 square metres in the case
of a principal building or 20 square metres for an accessory building.
1.3 To date, municipal staff have been working with the Conservation Authorities to
assist in the evaluations to ensure that this is not an onerous requirement. The
results of these evaluations are incorporated into a site plan approval and
agreement.
1.4 Since the Oak Ridges Moraine site plan applications are submitted primarily to
address environmental issues and there are no substantive issues for Engineering
Services (other than entranceways) it is recommended that these applications be
delegated to the Manager of Development Review. This is simple straightforward
adjustment that eliminates the involvement of the Director of Planning or the
Director of Engineering Services.
1.5 The recommended amendment to the Site Plan Control By-law is Attachment 1.
There are no public notice requirements for the changes to the Site Plan Control
By-law.
ME
LM Jr 11�
Municipality of Clarington
Report PSD -058-16 Page 3
2. Other Changes
2.1 Over the summer, a few other minor changes were undertaken for temporary
signs and apartments -in -houses. The Official Registrar for Apartments -in -Houses
was delegated from the Director of Planning to the Manager of Development
Review.
2.2 The Accessibility Requirements of our new website require that any information
posted must meet the Web Content Accessibility Guidelines (WCAG) 2.0 standard.
Accordingly, Planning Services cannot post background studies from developers
unless that meet this requirement. This has the unfortunate effect of making less
information available to the public as a whole. To address this, the development
industry is being given notice that any application after January 1St, 2016 must submit
background reports that are WCAG 2.0 compliant.
2.3 The Planning Services staff team on Community Engagement is working through
a number of tasks. One task is developing a new public notice sign that more
clearly conveys information about a proposal and incorporates Municipal branding.
An example of the new sign which will be rolled out in upcoming applications is
shown below.
N�TIC
DEVELOPMENT
PROPOSAL
.O.iA ATTENDT
MEETING
Applicant
Name of applicant
Site Address
PROPOSAL: Plain language description of the
purpose and effect of the application
Proposed uses
Number and type of units
Density and FSI
Size and height of building
Public benefits—School, park, etc.
Proposed changes — Demo. / removal of exist.
bldgs., realignment of water course
FILES: Clarington Official Plan Amendment 2015-
###6 & Zoning Bylaw Amendment 20154949 &
Subdivision 2015-44
3. Concurrence
Proposed site plan, rendering or map
showing context
Description of above imago. INCLUDE "Preliminary building design"
with all visual representations.
Density (Unit type & number)
110111171111113
H j Height (metres &storeys)
AfII%%` Usage &Floor Area
FLU
Monday, October 26, 2015
7 p.m.
Council Chambers (211 Floor)
40 Temperance Street
Bowmarnville, ON L1C 3A6
a ■ons■ �om
Contact the Planner
Paul Wirch
Planning Services
Department
905-623-3379
ext 2418
www.clarington.net
Qpwirch@clarington.net
The Director of Engineering concurs with the changes to the Site Plan Control By-
law.
Municipality of Clarington
Report PSD -058-16 Page 4
4. Recommendation
It is recommended that the Site Plan Control By-law 2010-139 be amended as
shown in Attachment 1.
5. Conformity with Strategic Plan
This report addresses Strategic Plan Actions Items to:
• continue with process improvements; and
enhance Council and corporate communications.
Submitted by:
David J. Crome, MCIP, RPP
Director of Planning Services
Reviewed by:
Curry Clifford, MPA, CMO
Interim CAO
Staff Contact: David Crome, Director of Planning, 905-623-3379 ext. 2401 or
dcrome(a-clarington.net
Attachment 1 — Proposed Amending By-law to Site Plan Control By-law Number 2010-
139.
No interested parties
DJC/df/ah
I:\ L upartment\LDO NEW FILING SYSTEM\PLN Planning Files\PLN 8 Other By-laws\PLN 8.8 SPA Oak Ridges
Moraine\Staff Reports\PSD-058-16.docx
Attachment 1 to
Municipality of Clarington Report PSD -058-16
The Corporation of the Municipality of Clarington
By-law Number 2016 -
being a By-law to delegate the approval of Site Plan Applications for agricultural
and residential buildings and structures to the Manager of Development
Approvals
That By-law Number 2010-139 be amended as follows:
1. By deleting the existing section 7 and replacing it with the following:
7. Pursuant to Section 41(13) (b) of the Act, for applications considered under
Section 4 of this By-law, the powers and authority of the Council of the
Municipality of Clarington under Section 41 of the Act is delegated to the
Manager of Development Review".
2. This By-law shall come into full force and effect on the day of passing hereof.
Mayor Adrian Foster
C. Anne Greentree, Clerk