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HomeMy WebLinkAbout2016-10-03Planning and Development Committee Minutes October 3, 2016 - 1 - Minutes of a meeting of the Planning and Development Committee held on Monday, October 3, 2016 at 7:00 PM in the Council Chambers. Present Were: Mayor A. Foster, Councillor S. Cooke, Councillor R. Hooper, Councillor J. Neal, Councillor W. Partner, Councillor C. Traill, Councillor W. Woo Staff Present: C. Clifford, D. Crome, L. Benson, C. Salazar, C. Pellarin, J. Gallagher, M. Chambers 1 Call to Order Councillor Woo called the meeting to order at 7:00 PM. 2 New Business – Introduction Councillor Neal added a new business item, regarding notification to property owners who will have an environmentally protected (EP) designation placed on their property, to the New Business – Consideration section of the agenda. 3 Adopt the Agenda Resolution #PD-135-16 Moved by Councillor Partner, seconded by Councillor Cooke That the Agenda for the Planning and Development Committee meeting of October 6, 2016 be adopted with the addition of a New Business item regarding notification to property owners who will have an environmentally protected (EP) designation placed on their property. Carried 4 Declarations of Interest Councillor Neal declared an interest in Report PSD-057-16 regarding the Implementation of the Courtice Main Street Secondary Plan – Draft Zoning By-law. Councillor Partner declared an interest in the delegation and Communication Item 10.2 from Sandra Harrop regarding a request for an amendment to the zoning by-law to permit a dog daycare. Later in the meeting, Councillor Hooper declared an interest in the delegation of Lynn Stillwell, Byron Faretis and James Grimley, Wilmot Creek Homeowners Association, Regarding the Status of the Petition, Proposed Resolution, and the Ontario Municipal Board Appeal. Planning and Development Committee Minutes October 3, 2016 - 2 - 5 Announcements Members of Committee announced upcoming community events and matters of community interest. 6 Adoption of Minutes of Previous Meeting Resolution #PD-136-16 Moved by Councillor Hooper, seconded by Councillor Traill That the minutes of the regular meeting of the Planning and Development Committee, held on September 12, 2016, be approved. Carried 7 Public Meetings 7.1 Application for a Proposed Official Plan and Zoning By-law Amendment and for a Proposed Plan of Subdivision Applicant: 2399263 Ontario Limited (Matanda Homes) Report: PSD-056-16 Anne Taylor Scott, Senior Planner, made a verbal and electronic presentation to the Committee regarding the application. No one spoke in opposition to the application. No one spoke in support of the application. Michael Paradisi, KLM Planning Partners Inc., was present on behalf of the applicant. Mr. Paradisi advised the Committee that they are in agreement with the recommendations contained in the Staff Report and offered to answer any questions from the Committee. 7.2 Application for a Proposed Zoning By-law Amendment for the Courtice Main Street Secondary Plan Report: PSD-057-16 Councillor Neal declared an interest in Report PSD-057-16 regarding the Implementation of the Courtice Main Street Secondary Plan – Draft Zoning By-law as it relates to his law practice. Councillor Neal left the room and refrained from discussion and voting on this matter. Paul Wirch, Planner II, made a verbal and electronic presentation to the Committee regarding the application. Planning and Development Committee Minutes October 3, 2016 - 3 - Beth Kelly, Halloway Holdings Ltd., spoke to the application. Ms. Kelly explained to the Committee that Halloway Holdings Ltd. owns 15 acres in the area. She added that they have been working with Staff and a potential purchaser for approximately a year. Ms. Kelly noted that they are close to having a site plan agreement in place and they are concerned that there will be new regulations placed on their property as a result of the Courtice Main Street Secondary Plan. She added that Bryce Jordan from GHD has submitted correspondence to the Planning Department and Members of Council outlining their concerns. Ms. Kelly concluded by asking to be permitted continue working with Staff and offered to answer any questions. There were no other speakers to the application, either in support or in opposition. Councillor Neal returned to the meeting. Recess Resolution #PD-137-16 Moved by Councillor Partner, seconded by Councillor Cooke That the Committee recess for five minutes. Carried The meeting reconvened at 7:40 PM. 8 Delegations 8.1 Peter Thorne Regarding a Request to Waive the 5% Cash-In-Lieu of Parkland for a Consent Application Peter Thorne was present regarding a request to waive the 5% cash-in-lieu of parkland for a consent application. He made a verbal presentation to accompany an electronic presentation. Mr. Thorne advised the Committee that he owns the property located at 210 King Avenue West in Newcastle and provided a description of the property and the surrounding lands. He explained that, when he applied for the land severance, he was advised that a requirement would be to dedicate a portion of land to be valley lands. Mr. Thorne explained that he originally intended to develop the land to the west of their home and with the severance they are required to give up a portion of their land to be used to continue the Lions Trail. He added that if his neighbours to the west decided to sever their land they would not be required to donate any portion to the Municipality. Mr. Thorne noted that he has accepted the dedication of lands however he is still concerned with the 5% cash-in-lieu of parkland. He stated that the dedication of land will affect the value of his home as potential purchasers do not want to purchase a home so close to a trail or parkland. Mr. Thorne continued by advising Committee in addition to donating close to 25% of his property, they are responsible for paying for a surveyor and for the 5% for cash-in-lieu of parkland for the severed lot. He explained that his property was dedicated as a heritage property in 1995 and he was happy to restore the home to keep Planning and Development Committee Minutes October 3, 2016 - 4 - with the designation. Mr. Thorne continued by explaining that this land will connect to the valley and a future trail that will run near his home and this may lead to abuse of the trail and potential trespassing. He added that once this land is severed and assessed he could be responsible for paying approximately $15,000 for the cash-in-lieu of parkland. Mr. Thorne concluded by asking for the 5% cash-in-lieu of parkland be waived and offered to answer questions from the Committee. Suspend the Rules Resolution #PD-138-16 Moved by Councillor Partner, seconded by Councillor Traill That the Rules of Procedure be suspended to allow the delegation of Peter Thorne to be extended for an additional minute. Carried Mr. Thorne summarized his delegation, thanked the members of Committee, and offered to answer any questions. Resolution #PD-139-16 Moved by Councillor Partner, seconded by Councillor Neal That the request from Peter Thorne to waive the 5% cash-in-lieu of parkland for a consent application for 210 King Avenue West, Newcastle, be approved. Motion Lost Resolution #PD-140-16 Moved by Councillor Neal, seconded by Councillor Hooper That the Municipality of Clarington pay a portion for the surveying cost for the proposed trail and the creation of a new lot at 210 King Street West, Newcastle, to a maximum of $2000.00, including HST. Carried 8.2 Sandra Harrop Regarding a Request for an Amendment to the Zoning By-law to Permit a Dog Daycare Councillor Partner declared an interest in delegation of Sandra Harrop regarding a request for an amendment to the Zoning By-law to permit a dog daycare as she runs a similar business. Councillor Partner left the room and refrained from discussion and voting on this matter. Sandra Harrop was present regarding a request for an amendment to the Zoning By-law to permit a dog daycare. Ms. Harrop advised the Committee that she currently has a dog walking business and she is looking to open a dog daycare out of her home but this Planning and Development Committee Minutes October 3, 2016 - 5 - is not a permitted home business under the Zoning By-law. She explained that she is looking a purchasing a new home in rural Clarington where she could run a small dog daycare of 10 dogs or less. Ms. Harrop added that this daycare would have restricted hours, limited numbers of dogs and limited length of stay. She noted that having this type of business would allow for proper care, daily disinfection, less illness and provide a safe environment for the dogs. Ms. Harrop requested that these types of businesses should be licensed to ensure the standards are met and that the owners must live on site. She added that several municipalities permit and license these this type of business, including King Township. Ms. Harrop concluded by asking the Committee for the Zoning By-law to be amended to permit a dog daycare as a home occupation. Resolution #PD-141-16 Moved by Mayor Foster, seconded by Councillor Neal That the delegation of Sandra Harrop, regarding a request for an amendment to the Zoning By-law to permit a dog daycare, be referred to Staff to provide a report to a future Planning and Development Committee meeting. Carried 8.3 Lynn Stillwell and Byron Faretis, Wilmot Creek Homeowners Association, Regarding the Status of the Petition, Proposed Resolution, and the Ontario Municipal Board Appeal Councillor Hooper declared an interest in delegation of Lynn Stillwell and Byron Faretis, Wilmot Creek Homeowners Association (WCHA), Regarding the Status of the Petition, Proposed Resolution, and the Ontario Municipal Board Appeal as his mother in law lives in Wilmot Creek. Councillor Hooper left the room and refrained from discussion and voting on this matter. Lynn Stilwell, WCHA, was present regarding the status of the petition, proposed resolution, and the Ontario Municipal Board Appeal. Ms. Stilwell advised the Committee that the Homeowners Association is not opposed to development, but would like it to be well-planned, strategic in focus, rational and reasonable. She explained that the WCHA made a submission on September 12, 2016 and noted that they support the majority of the changes to the Draft Official Plan Amendment and only have a few concerns. Ms. Stilwell provided a description of the Wilmot Creek Adult Lifestyle Community and noted that many of the activities are sponsored by the Association and run by volunteers. She noted that the Homeowners Association has three main concerns with the Phase 8 Development of Wilmot Creek. Ms. Stillwell explained that they are concerned with the size of the community and noted that there are approximately 560 existing units and Rice Development is proposing an additional 300 units for Phase 8 and 327 units for Wilmot Landing. She continued by stating that they are concerned with the safety of the bridge that goes over the railway tracks and is asking for the municipality to review the engineering study that was done earlier this year by CAPREIT prior to approving any further development. Ms. Stilwell stated that the bridge will not be able to handle the increased usage with the expanding population. She noted that their final concern is Planning and Development Committee Minutes October 3, 2016 - 6 - with the noise resulting from the 401 Highway and train whistle from the CN Railway. Ms. Stilwell explained that Wilmot Creek supported the Draft Official Plan due to the fact that it required a Secondary Plan. She continued by adding that they are concerned that Rice Development has appealed the original application to the Ontario Municipal Board and are looking for a commitment from Rice Development that they will include a Secondary Plan in the approval process. Ms. Stilwell stating that they will obtain legal representation at the pre-hearing if required. She concluded by stating that the majority of the residents at Wilmot Creek do not support expansion. Ms. Stilwell offered to answer questions from the Committee. Councillor Partner returned to the meeting at 8:41 PM. 8.4 David Rice, Rice Developments, Regarding Wilmot Creek Phase 8 and the Draft Amendment No. 107 to the Clarington Official Plan Councillor Hooper declared an interest in delegation of David Rice, Rice Development, regarding Wilmot Creek Phase 8 and the Draft Amendment No. 107 to the Clarington Official Plan, as his mother in law lives in Wilmot Creek. Councillor Hooper left the room and refrained from discussion and voting on this matter. David Rice, Rice Developments, was present Regarding Wilmot Creek Phase 8 and the Draft Amendment No. 107 to the Clarington Official Plan. Mr. Rice explained to the Committee that he was present to clarify a few matters and answer any questions. He noted that they have had many meetings with the Homeowners Association and feel that progress has been made. Mr. Rice stated that they have applied for an Official Plan Amendment, that has been appealed to the Ontario Municipal Board and the pre-hearing is scheduled for October 18, 2016. He added that the pre-hearing will assist with determining a date and potentially a settlement. Mr. Rice explained that they are hoping to move forward on this development and they are willing to discuss a solution or compromise that will satisfy all parties involved. He confirmed that a letter sent out to the residents contained a reference to the old plan and he confirm that they will be going forward with the new plan. Mr. Rice explained that they have committed to address issues with the bridge and that the safety will not be compromised. He added that they have also committed to conduct an engineering study on the bridge every two years. Mr. Rice explained that with the existing application there is no requirement for a Secondary Plan. He added that they do not have an issue with a Secondary Plan and noted that the issues are not at the Official Plan level. Mr. Rice stated that they are willing to address the Secondary Plan and the bridge issues prior to the October 18, 2016 pre-hearing. He advised the Committee that their concern with committing to a Secondary Plan is that there will be further delay. Mr. Rice stating that they are willing to agree to a Secondary Plan if the Municipality agrees to give the plan priority for approval. He concluded by offering to answer any questions. Planning and Development Committee Minutes October 3, 2016 - 7 - Resolution #PD-142-16 Moved by Councillor Neal, seconded by Councillor Traill That the information received from the delegations regarding Wilmot Creek Phase 8, be referred to the Municipal Solicitor to provide a report to the October 11, 2016 Council meeting regarding the Municipality of Clarington strategy at the related OMB hearing. Carried Recess Resolution #PD-143-16 Moved by Mayor Foster, seconded by Councillor Neal That the Committee recess for 10 minutes. Carried The meeting reconvened at 9:53 PM. Councillor Hooper returned to the meeting. 9 Communications - Receive for Information 10.1 Minutes of St. Marys Cement Community Relations Committee dated June 7, 2016 Resolution #PD-144-16 Moved by Councillor Partner, seconded by Councillor Hooper That Communication Item 10.1, the minutes of St. Marys Cement Community Relations Committee dated June 7, 2016 be received for information. Carried Planning and Development Committee Minutes October 3, 2016 - 8 - 10 Communications – Direction 10.1 Lisa Lyons, Town Clerk, The Corporation of the Town of Aurora – Ontario Municipal Board (OMB) Reform Update Resolution #PD-145-16 Moved by Councillor Partner, seconded by Councillor Traill That the following Corporation of the Town of Aurora resolution, regarding the Ontario Municipal Board (OMB) Reform Update, be endorsed by the Municipality of Clarington: 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 their consideration. Carried Planning and Development Committee Minutes October 3, 2016 - 9 - 10.2 Sandra Harrop Regarding a Request for an Amendment to the Zoning By- law to Permit a Dog Daycare Councillor Partner declared an interest in delegation of Sandra Harrop regarding a request for an amendment to the Zoning By-law to permit a dog daycare as she runs a similar business. Councillor Partner left the room and refrained from discussion and voting on this matter. Resolution #PD-146-16 Moved by Councillor Traill, seconded by Councillor Hooper That Communication Item 10.2 from Sandra Harrop, regarding a request for an amendment to the Zoning By-law to permit a dog daycare, be referred to the report referenced in Agenda Item 8.2. Carried Councillor Partner returned to the meeting. Councillor Neal left the meeting at 10:02 PM. 11 Planning Services Department Reports 11.1 PSD-056-16 Applications by 2399263 Ontario Limited (Matanda Homes) for a 21-unit Draft Plan of Subdivision in Courtice Resolution #PD-147-16 Moved by Mayor Foster, seconded by Councillor Cooke That Report PSD-056-16 be received; 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 That all interested parties listed in Report PSD-056-16 and any delegations be advised of Council’s decision. Carried 11.2 PSD-057-16 Implementation of the Courtice Main Street Secondary Plan – Draft Zoning By-law Councillor Neal declared an interest in Report PSD-057-16 regarding the Implementation of the Courtice Main Street Secondary Plan – Draft Zoning By-law as it relates to his law practice. Councillor Neal left the room and refrained from discussion and voting on this matter. Planning and Development Committee Minutes October 3, 2016 - 10 - Resolution #PD-148-16 Moved by Councillor Cooke, seconded by Councillor Hooper That Report PSD-057-16 be received; 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 That all interested parties listed in Report PSD-057-16 and any delegations be advised of Council’s decision. Carried Councillor Neal returned to the meeting at 10:21 PM. 11.3 PSD-058-16 Delegation of Site Plan Approval Authority for Applications in the Oak Ridges Moraine to the Manager of Development Review and Other Administrative Improvements Resolution #PD-149-16 Moved by Mayor Foster, seconded by Councillor Neal That Report PSD-058-16 be received; and That the amendment to Site Plan Control By-law 2010-139 contained in Attachment 1 to PSD-058-16, be approved. Carried 12 New Business – Consideration 12.1 Notification of Environmentally Protected Land Designation Being Placed on Property Resolution #PD-150-16 Moved by Councillor Neal, seconded by Councillor Hooper That all property owners, whose property will be receiving an Environmentally Protected (EP) designation as a result of the Official Plan Amendment No. 107 on any part of their property, be notified prior to the next meeting where the Official Plan Amendment is being considered by Council or Committee. Motion Lost