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HomeMy WebLinkAboutPSD-042-20Clarington Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: October 26, 2020 Report Number: PSD-042-20 Submitted By: Faye Langmaid, Acting Director of Planning and Development Reviewed By: Andrew C. Allison, CAO Resolution#: PD-162-20, PD-163-20, File Number: PD-164-20, PD-166-20 Report Subject: PL 1817-010-040-03910 By-law Number: ReCOnlnlendat%Wt for Minister's Zoning Order at 2423 Rundle Road 1. That Report PSD-042-20 be received; 2. That the Region of Durham be asked whether they would support a Minister's Zoning Order for 2423 Rundle Road; 3. That the Durham Regional Planning and Economic Development Department and the Ministry of Municipal Affairs and Housing be forwarded a copy of Report PSD-042-20 and Council's decision; and 4. That all interested parties listed in Report PSD-042-20 and any delegations be advised of Council's decision. Municipality of Clarington Report PSD-042-20 Report Overview Page 2 Council has been asked to pass a resolution of support for a proposed Minister's Zoning Order that would create a "Special Purpose Commercial (C4) Zone" at 2423 Rundle Road. The effect of this change would be to permit a building supply outlet. At Council's request, notice of this proposal has been sent to all property owners within one kilometre of the subject site. Provincial policy, along with Regional and local Official Plan policies direct new development to locate within urban areas on full municipal services. These policies further reinforce the rural area as appropriate for agricultural uses and natural heritage preservation. The proposed commercial use does not conform with these policies. 1. Background Summary 1.1 The proponent chose 2423 Rundle Road as the location for a new Home Hardware store. A Pre -consultation Meeting was held on February 6, 2020, at which time it was identified to the proponent that their proposal did not conform with the Provincial Growth Plan, the Durham Regional Official Plan, the Clarington Official Plan, the current Zoning By-law nor the proposed rural zoning by-law. A list of requirements were provided to proceed with the first application, a Regional Official Plan amendment. 1.2 On October 5, 2020, the proponent requested that Council pass a resolution of support for a proposed Minister's Zoning Order to permit a building supply outlet. A Minister's Zoning Order is a rarely used tool of the Province to create zoning permission for a matter of provincial interest. A Minister's Zoning Order prevails over a municipal zoning by-law. During the meeting on October 5, resolution #PD-137-20 was passed: That the foregoing Resolution #PD-136-20 be referred to the next Regular Planning and Development Committee meeting dated October 26, 2020 for a public meeting; and That all residents, within a one kilometre radius of the subject land, be notified of the public meeting. 1.3 The public notice (Attachment 1) of the October 26, 2020, public meeting was sent by mail to all 231 property owners within one kilometre of the subject site. In addition, the Municipality also placed a notice in both local newspapers for the two weeks preceding the public meeting. Municipality of Clarington Page 3 Report PSD-042-20 2. Context and History Behind the Current Request 2.1 The owners of the Home Hardware Building Centre dealership located at 246 King Street East in Bowmanville (Figure 1) have asked Council to support their proposal for a Minister's Zoning Order. The owners assert that the existing Bowmanville 0.54 Ha site does not offer their business any room to expand. The owner states that in order to be competitive in the Bowmanville marketspace, they need to operate on a larger scale. Figure 1: Home Hardware Building Centre — 246 King Street East, Bowmanville 2.2 At the Planning & Development Committee meeting on October 5, 2020, the proponent described the search for a location for a new store, which began in 2017. After investigating several different locations, mainly in Bowmanville, the proponent selected 2423 Rundle Road (subject site) as the location that he would pursue. Other locations explored included the Durham Auto Planet site (while it was a shuttered Rona store), the former Target store at Clarington Centre and several industrial locations in Bowmanville and Orono. The subject site (Figure 2) is located at the southeast corner of Regional Highway 2 and Rundle Road between Courtice and Bowmanville. Municipality of Clarington Report PSD-042-20 Page 4 _ � � irk 1 • y ,,/�" �'�. � =�450 IL, w a4 ' ,3 r § VL r- sIF - T r .•W-1 AO A1 . Figure 2: Subject Site at 2423 Rundle Road 2.3 At the PDC committee meeting, the proponent confirmed that, if successful in opening a new store on the subject site, the existing Home Hardware location at 246 King Street East would be rebuilt to include a modern Home Hardware store with residential units above. The plan would be to operate two stores serving Bowmanville and the surrounding area, with the new location being the main store and 246 King Street East being the secondary location. Discussions with the owner of the Bowmanville Home Hardware 2.4 As part of their site investigations, the proponent contacted the Clarington Board of Trade and Economic Development (CBOT). CBOT's Economic Development staff have worked with the owners of Home Hardware to help identify opportunities and challenges for several properties. This specific proposal was not discussed or voted on at any of CBOT's Board meetings. To respect the process and confidentiality it is the practice of CBOT's Board not to vote on matters concerning individual projects as they move through the development process. Municipality of Clarington Report PSD-042-20 Page 5 2.5 After deciding to pursue the Rundle Road property for a new Home Hardware location, the proponent approached the Planning and Development Services Department at the end of 2019. In keeping with the municipal approvals process, a concept plan (Figure 3) was prepared in advance of a Pre -consultation Meeting with Municipal staff and agencies to review development requirements. 2.6 The Pre -consultation Meeting was held on February 6, 2020, at which time it was identified to the proponent that their proposal did not conform with Provincial Growth Plan, the Durham Regional Official Plan, the Clarington Official Plan, the current Zoning By-law nor the proposed rural zoning by-law. 2.7 For their proposal to proceed, the proponent was told that they would first need to submit and receive approval for a Regional Official Plan Amendment. The Region advised the proponent that it was unlikely that Regional Staff would support this application due to the level of conflict with Provincial, Regional and local planning policy. 2.8 The proponent was further advised that a second Pre -consultation Meeting would be required in the future to address the more specific requirements of a Clarington Official Plan amendment, Zoning By-law amendment and Site Plan Approval. This meeting would come only if the aforementioned Regional Official Plan amendment application were approved. An informational meeting could be held at any time in the process, as may be warranted. 2.9 In order to move forward with the Durham Region Official Plan amendment application, the proponent was provided with a list of the initial technical reports that are needed to investigate the potential impacts from this proposal. These initial reports included: • Environmental Impact Study; • Hydrological / Hydrogeological Report; and • Planning Justification Report. 2.10 Further reports, like a Traffic Impact Study, would be required for the subsequent applications to amend the Clarington Official Plan and the Zoning By-law. Municipality of Clarington Report PSD-042-20 Page 6 Figure 3: Visualization of the concept plan submitted for the Pre -consultation Meeting (Includes the road widening dedication requirements and the boundaries of Environmental Protection designation) Municipality of Clarington Report PSD-042-20 Request for a Minister's Zoning Order Page 7 2.11 Instead of preparing the required Planning Act applications and related studies as other members of the public or development community would have done, the proponent chose to explore the idea of requesting a Minister's Zoning Order to receive zoning approval. A MZO bypasses the required regional and local public planning review and approvals process. 2.12 The proponent appeared as a delegation at the Planning and Development Committee on October 5, 2020, requesting Municipal support for a proposed Minister's Zoning Order. 2.13 The proponent has stated that they are required to waive conditions of purchase on the Rundle Road property by November 1, 2020. 2.14 Staff at the Ministry of Municipal Affairs and Housing have not contacted Clarington or Regional staff for information on this proposal. 3. Minister's Zoning Order 3.1 In the Province of Ontario, the Planning Act gives the Minister of Municipal Affairs and Housing the authority to zone any property in the province. Zoning orders are rarely used where a municipality has existing zoning by-laws, but they can be used to protect a provincial interest. A Minister's Zoning Order prevails over a municipal zoning by-law to the extent of a conflict. The municipal zoning by-law remains in effect in all other respects. The Minister's Zoning Order does not have to be in conformity with Regional and local Official Plans. 3.2 The approval of a Minister's Zoning Order only provides zoning approval of a property. It does not preclude anyone from complying with all other development requirements such as: • Road widenings; • Infrastructure and servicing requirements; • Protection of the natural heritage system; • Dedication of hazard lands; • Provision of parkland or payment -in -lieu; and • Payment of development charges. Municipality of Clarington Page 8 Report PSD-042-20 3.3 A Minister's Zoning Order has only been used once before in Clarington. In October of 2019, Clarington Council submitted a request on behalf of Durham Christian Homes for a Minister's Zoning Order for lands being donated to the not -for -profit LongTerm Care Operator. It was also supported by Regional Council. This successful request led to the rezoning of land on the west side of Boswell Drive to permit a 224-bed, long-term care facility. 3.4 In the case of Durham Christian Homes, the reason for supporting the Minister's Zoning Order was as follows: The acute public need for long-term care beds in the community; The donated lands for the new facility were located adjacent to the Bowmanville Urban boundary where municipal services were already available; and The proposal represented sequential development (concentric growth outward from existing development), not "leapfrogging", which is a key principle of good planning. 4. Zoning History of the Subject Site Creation of the commercial zone 4.1 An application for a Regional Official Plan amendment for the subject property was submitted on December 14, 1977. It was adopted by Regional Council on October 4, 1978 and approved by the Ministry of Housing on December 18, 1978. After the approval of the Regional Official plan amendment, the Town of Newcastle Council rezoned the subject property in 1979 to permit a convenience retail store and / or a take-out restaurant with ancillary eating area. 4.2 In 1984, a new zoning by-law was created for all of Clarington that replaced the previous zoning by-laws that were in effect at the time. Within Zoning By-law 84-63, the subject site was zoned to permit an eat -in establishment (restaurant) only. Anticipated removal of the commercial zone 4.3 By January of 1996, no Site Plan application had been submitted to develop the site which remained vacant. Planning Report PD-14-96 identified that the commercial use, which had previously been permitted in 1978, was contrary to the policies of the recommended 1996 Clarington Official Plan. 4.4 The report went on to state a commercial use on this property would degrade the character of this rural area and reduce the preservation of the urban separator between Courtice and Bowmanville. Staff recommended that the original approval for a commercial use, granted in the Regional Official Plan, be repealed. Municipality of Clarington Page 9 Report PSD-042-20 4.5 When Clarington adopted their new Official Plan in 1996 no commercial designation was given to the subject property. Instead, it was designated "Green Space". It was acknowledged in Planning Report PD-69-96 that the property contained existing zoning rights for a restaurant. However, it also stated that those rights would inevitably be eliminated once the comprehensive zoning by-law was amended to conform with the new Official Plan. 4.6 As part of the ZONE Clarington project, the subject site is proposed to be rezoned to "Environmental Protection" and "Agricultural". A restaurant would not be permitted in either of these two zones. 5. Public Notice 5.1 While this is not a statutory public meeting, as no application has been received, notice was maiedl to all property owners within one kilometre of the subject site and was mailed out 18 days prior to the public meeting. No public notice sign was posted on the property, however notice was placed by the Municipality in both local newspapers the two weeks preceding the public meeting. 5.2 At the time of writing this report, staff had been contacted by several members of the public. Additional comments from the public are expected to be received after the report has been finalized. The following sections offer a summary of the comments that were received. Comments in Support of Proposal 5.3 Five members of the public contacted staff to express their support for the proposal. The comments of support highlighted that a new and expanded Home Hardware would create jobs and bring growth to the community. Several comments mentioned their support for a Canadian company. Municipality of Clarington Report PSD-042-20 Neutral Comments received Page 10 5.4 One resident called requesting more information as a result of door-to-door canvasing efforts on behalf of the proponent. The resident was glad to know that more information, in the form of the public notice, was being sent by mail. 5.5 A local business owner contacted staff to share their mixed views. They are supportive of more business in the area as well as the municipal services that may be extended as part of that development. However, they expressed concern that all businesses should be held to the same standards. They hope that the Minister's Zoning Order will not exempt the proponent from the servicing and development requirements required of other rural businesses. Comments Opposed to the Proposal 5.6 Seven members of the public contacted staff to express their opposition to the proposal. Many of the comments received were concerned that a proposal was being considered that contravened so many policies. There was also concern about the impact of development on the wells of surrounding properties. 5.7 One resident contacted the Municipality as a result of door-to-door canvasing efforts on behalf of the proponent. The resident expressed concern that neighbours were receiving different information. The resident went on to describe that she felt harassed by the canvassers when she did not express support for the proposal. 5.8 A commercial landlord in Courtice and Bowmanville contacted staff to express their opposition to this proposal stating the proposal creates an uneven playing field for other property owners and investors who follow Municipal policies. 6. Policy Issues Provincial Policy Statement (PPS) 6.1 The PPS states that settlement areas shall be the focus of growth and development. The limits of settlement areas are defined by the boundaries contained in the Regional Official Plan and the Clarington Official Plan. Rural settlements (hamlets) are the focus of growth in rural areas. The land outside of settlement areas, known as rural lands, is appropriate for limited -scale businesses such as home occupations, home industries, agricultural uses and agriculture -related uses (see Figure 4). Municipality of Clarington Page 11 Report PSD-042-20 6.2 Agriculture -related uses are defined in the PPS as those farm -related commercial and farm -related industrial uses that are directly related to farm operations in the area, that support agriculture, that benefit from being in close proximity to farm operations, and provide direct products and/or services to farm operations as a primary activity. An example of an agriculture -related use would be a tractor and farm implement dealership. The proposed use while it will be used by farmers is a not a farm -related commercial or farm -related industrial use. P 0 � a 0CourCe W� d� Bowmanville e o�, Ryg41, � Gyyv I EHEVROLET Subject Site �`� ; lu a BLOOR STREET Figure 4: Subject site outside of the urban boundary 6.3 The PPS states that natural features and areas shall be protected for the long term. They should be maintained, restored or where possible improved, recognizing the linkages between and among natural heritage, surface water and ground water features. 6.4 The proposed commercial use is contrary to the PPS policies because: It is not located within a settlement area; It is not a permitted use on rural lands; and It does not protect the existing natural features. Municipality of Clarington Report PSD-042-20 Page 12 6.5 The proposed building supply outlet is a commercial use that is not agriculture -related and therefore is not a permitted use on rural lands and as such is not in conformity with the PPS. A Place to Grow: Growth plan for the Greater Golden Horseshoe (Growth Plan) 6.6 The Growth Plan directs development to settlement areas. The Growth Plan states that development outside of Settlement Areas may be permitted on rural lands for: The management or use of resources; Resource -based recreational uses; and Other rural land uses that are not appropriate in settlement areas. 6.7 The Growth Plan requires that the diversity and connectivity of the Natural Heritage System and its long-term ecological or hydrologic functions of the features be protected and maintained. 6.8 The proposed commercial use is contrary to the Growth Plan policies because: • It is not located within a settlement area; • It is not a permitted use on rural lands; and • It will not protect the woodland. • The proposed building supply outlet is a commercial retail use that is appropriate in settlement areas. As such, the proposed development does not conform to the policies of A Place to Grow. Durham Region Official Plan 6.9 The subject site is designated "Major Open Space Areas" in the Durham Regional Official Plan (ROP). A goal of the ROP is to maintain the distinction between the character of the Urban Systems and the Rural Systems in the Region for the benefit and enjoyment of the residents of the Region. Major Open Space Areas form an integral part of the Greenlands System and shall be maintained for their ecological functions and as urban separators. 6.10 The predominant use of lands in the Major Open Space areas shall be conservation, and a full range of agricultural, agricultural -related and secondary uses. The proposed commercial use is not agricultural -related and is not supported by the policies of the Durham Official Plan. Municipality of Clarington Page 13 Report PSD-042-20 6.11 The western half of the property has been identified in the ROP as having a Key Natural Heritage Feature (KNHF). In addition, the entire property has been identified in the ROP as being a High Aquifer Vulnerability Area (see Figure 5). Certain development in these areas is restricted due to the risk of contamination to water systems. Other uses may be permitted provided that a hydrogeological investigation is completed to assess whether there will be a potential risk to groundwater. The results of the hydrogeological investigation can lead to potential prohibitions, restrictions and/or mitigation. Figure 5: Durham Region Official Plan — High Aquifer Vulnerability Area 6.12 The proposed commercial use is not in conformity with the ROP. 6.13 Region of Durham planning staff have advised the Municipality that they are not in a position to support the proposed commercial use of a building supply outlet on this site in the rural area. The policies of the ROP do not permit the above commercial use in the Major Open Space Areas designation. As stated in the minutes of the Pre - consultation Meeting of February 6, 2020, a Regional Official Plan Amendment would be required. Municipality of Clarington Report PSD-042-20 Page 14 6.14 When asked for their feedback on the request for support for a Minister's Zoning Order, Regional staff stated they would be recommending against support for the Minister's Zoning Order as it does not, in their view, represent good planning. Clarington Official Plan 6.15 To reflect the Regional Official Plan and CLOCA natural heritage system, the majority of the property has been identified as Natural Heritage System (NHS) within the Municipality of Clarington Official Plan. As a result, most of the property has been designated "Environmental Protection Areas", which are recognized as the most significant components of the Municipality's natural environment (see Figure 6). As such, these areas and their ecological functions are to be preserved and protected from the effects of human activity. Figure 6: Clarington Official Plan land use map Municipality of Clarington Page 15 Report PSD-042-20 6.16 No development is permitted within "Environmental Protection Areas", except: • low -intensity recreation; • uses related to forest, fish and wildlife management; • erosion control and stormwater management; and, • agriculture, agricultural related and on -farm diversified uses (not including buildings). 6.17 The proposed commercial retail use is not permitted in the "Environmental Protection Areas" designation. 6.18 A small portion of the site located at the southeast corner of the site is designated "Rural". Rural areas are intended to support Prime Agricultural Areas, link the components of the Municipality's Open Space System and function as urban separators. Lands designated Rural shall predominantly be used for agricultural uses, agriculture -related uses and on -farm diversified uses. The proposed commercial use is not permitted in a "Rural" designation. 6.19 One of the functions of the "Rural" designated lands is to serve as urban separators. These large stretches of open land between urban areas help to contain urban sprawl. Urban separators, such as the one located between Courtice and Bowmanville, are constantly under pressure from development interests. 6.20 These lands are high production agricultural lands for the Province. The Official Plan includes policies requiring growth through intensification and redevelopment within the urban boundaries as part of its growth management strategy to protect agricultural lands for food production. 6.21 To further reinforce this objective, the Clarington Official Plan identifies the subject lands as being located within Special Study Area 2. It is Clarington's policy that the lands within Special Study Area 2 are appropriate for the Province to review and potentially include in future expansion of the Green Belt based on a systems approach to agriculture, natural heritage and water resources. 6.22 The proposed commercial retail use is not in conformity with the Clarington Official Plan. The applicant will be required to apply for an amendment to the ROP. Once a permitted use is established through an amendment to the ROP, an amendment to the Clarington Official Plan will also be required. Municipality of Clarington Report PSD-042-20 7. Development Constraints Page 16 7.1 Based on the comments provided by the respective commenting agencies for the Pre - consultation Meeting on February 6, 2020, the following is a list of development constraints for the subject site. These comments represent a statement of existing conditions and policies and do not provide definitive evaluation of the proposal since no application or supporting studies have been received. Environmental 7.2 There are key natural heritage and hydrologic features situated on the western half of the subject site. The Durham Regional Official Plan contains policies stating that development or site alteration is not permitted in key hydrologic features and key natural heritage features within the Natural Heritage System, including any associated Vegetation Protection Zone (VPZ). 7.3 The Region requires that the applicant ensure that any development and site alteration will take place outside any features and the associated VPZ. An Environmental Impact Study (EIS) is needed to evaluate the existing natural features on -site and recommend appropriate protection and mitigation. 7.4 The entire property has been mapped as being within CLOCA's Natural Heritage System (NHS) (see Figure 7). The east half of the property is within an area subject to CLOCA Ontario Regulation 42/06. The regulated area includes an area that is within 120 metres of an identified wetland, which is located to the east of the property. 7.5 At a minimum, the EIS will need to include multi -season vegetation and breeding bird surveys, the limits of the NHS must be identified, along with appropriate buffers in accordance with the Clarington Official Plan, and a suitable building envelope must be identified beyond the NHS and buffers on the property. The policies of CLOCA, the Clarington Official Plan and the Durham Regional Official Plan will also need to be addressed through the EIS. A peer review of the EIS Report will be required by the Region of Durham and the Municipality of Clarington. 7.6 Following the February Pre -consultation Meeting, a terms of reference document for the EIS was prepared by the proponent reviewed and accepted by municipal and CLOCA staff. However, a site visit with CLOCA and Municipal staff has yet to take place. Accordingly, the precise boundaries of the woodland feature or other features that may be present has not yet been determined. It is our understanding that fieldwork for the EIS has begun. Municipality of Clarington Report PSD-042-20 Page 17 7.7 Much of the site is likely woodland, and within the required vegetation protection zone. The available development envelope and therefore the feasibility of the proposed use for this site is unknown at this time. Any consideration of a Minister's Zoning Order is premature without the required environmental study and site work. Conceptual CLOCA Natural Heritage System 1 7 Figure 7: CLOCA Natural Heritage System shaded in green Servicing ��, P 7.8 The subject site is located in the rural area between Bowmanville and Courtice. As a consequence, there is no access today to municipal services such as water and sanitary sewers. If the proposal proceeds at this time it will have to be privately serviced (well, septic as well as fire protection). Further discussion of servicing was included in Report PSD-041-20. Municipality of Clarington Report PSD-042-20 Traffic Page 18 7.9 Regional Highway 2 is a Type `B' Arterial Road and therefore the Region requires a 36 m overall right-of-way. This results in a widening of approximately 5 metres along the subject property's Regional Highway 2 frontage. In addition, a 15 metre x 15 metre sight triangle must also be provided at the corner of Regional Highway 2 and Rundle Road. 7.10 Both the Region of Durham and the Clarington Public Works Department have identified the need for a Traffic Impact Study (TIS) to be submitted to address impacts to Regional Highway 2 and Rundle Road. A TIS will evaluate and recommend upgrades and improvements that may be required to support the development. The impact of the proposed development could include available sight distance from the proposed entrance and the potential need for an auxiliary right -turn lane on Highway 2. Based on traffic flows to and from the subject site the TIS could also recommend reconstruction of portions of Rundle Road which is currently only constructed to a rural cross-section and is not designed to accommodate heavy truck traffic. 8. Impact of Requested Minister's Zoning Order 8.1 When placed into a broader context the implications of Council supporting the proponent's request for a Minister's Zoning Order can be understood as follows. Effect on the Proponent 8.2 If the proponent receives Council support, the proponent has advised that they will take their proposal to the Minister of Municipal Affairs and Housing and request a Minister's Zoning Order. If successful, the proponent will receive zoning rights to permit a proposed building supply outlet on the subject site. The proponent will still be required to receive Site Plan approval from the Municipality before the site can be cleared, graded and construction started. A subsequent Pre -consultation Meeting will be required to identify all remaining requirements and studies, such as a Traffic Impact Study, to be submitted as part of the Site Plan application. 8.3 The proponent was requested to provide any reports or studies that they may have which relate to the site. However, as of the writing of this report, the Municipality has not received any information from the proponent. Municipality of Clarington Report PSD-042-20 Effect on the Surrounding Area Page 19 8.4 Council requested a non -statutory public meeting be held to provide the public with the opportunity to learn about and comment on the proposal. Typically, public meetings include a list of topics that need to be investigated as well as a summary of the background reports that were submitted to address those topics. At this time, all that is available is a list of concerns that were identified at the Pre -consultation Meeting. 8.5 At this time, it is not possible to fully estimate the potential impacts to the surrounding area. The following items would need to be evaluated before Staff would be able to provide further comment: Environmental impacts, on plant and animal life that currently nests, feeds or grows on -site; Servicing impacts, on the site's capacity to accommodate the daily needs of the business without negatively impacting surrounding properties; and Traffic impacts, including road improvements and even the possibility of traffic controls on Regional Highway 2. 8.6 As has been aptly stated by the proponent, there are other sites available in Clarington that do meet their locational criteria. No special circumstance or condition has been identified that makes the subject site unique and the only option available to accommodate this proposal. 8.7 Support for a Minister's Zoning Order in this case dismisses the community vision contained in the Regional Official Plan and the Clarington Official Plan which were both created through extensive consultation with the public, stakeholders and agencies. 8.8 The proposed request for a Minister's Zoning Order is contrary to the Province's own policies contained in the Provincial Policy Statement and the Growth Plan. Effect on Planning in Clarington 8.9 The Planning Act in Ontario has been established to create a transparent and accountable means for development to be evaluated and approved. Circumnavigating regional and local planning approvals to expedite a zoning approval undermines the public engagement process and reduces Council's role as the decision makers on land use planning. 8.10 If Minister's Zoning Orders are used for commercials proposals of this nature, the effort and cost involved, would make this process the first approach used by developers in the future. It would allow developers to potentially receive zoning approval for projects without the need to follow Provincial policies, Regional and local Official Plans. Municipality of Clarington Page 20 Report PSD-042-20 8.11 Commercial landlords are already experiencing tremendous pressure from businesses struggling to pay rent or closing completely. Expanding commercial floorspace outside of urban areas already approved for commercial development undermines the existing commercial market. The planning for commercial areas includes appropriate commercial market analysis to avoid an over -saturation of commercial lands and to support the full build -out of existing commercial areas. 9. Concurrence 9.1 This report has been reviewed by the Director of Public Works who concurs with the recommendations. 10. Conclusion 10.1 The proposal for a building supply outlet at 2423 Rundle Road is not in conformity with Provincial policy. 10.2 The proposal is not supported by Regional and Clarington policy. 10.3 The request for a Minister's Zoning Order circumnavigates the planning process for the unique benefit of one business owner and does not provide additional community benefits. The proponent has not provided any reports in support of their request. 10.4 The perceived value of this property, due to its lower cost, may end up being voided by higher development costs (i.e. servicing, traffic improvements) and could potentially be borne by the taxpayer rather than the proponent. 10.5 Planning staff concludes that this proposal is not good planning and not in conformity with any land use planning policy that apply to the site. 10.6 For these reasons, it is strongly recommended that Council not support the proponent's application for a Minister's Zoning Order. Staff Contact: Paul Wirch, Senior Planner, 905-623-3379 ext. 2418, pwirch(a)_clarington.net, or Carlos Salazar, Manager, csalazar(a)-clarington.net Attachment: Attachment 1 — Public Meeting Notice Interested Parties: List of Interested Parties available from Department. Attachment 1 to Report PSD-042-20 ciffboon Notice of public meetin The Municipality is seeking public comments on a request from the owners of the Bowmanville Home Hardware for Municipal Council support for a Minister's Zoning Order that would allow development of a new buildina suaaly outlet. The Ontario Planning Act gives the Minister of Municipal Affairs and Housing the authority to zone any property in the Province. Zoning orders are rarely used where a municipality has existing official plans and zoning by-laws, but they can be used to protect a provincial interest. A Minister's Zoning Order prevails over municipal plans and zoning by-laws to the extent of a conflict. The municipal zoning by-law remains in effect in all other respects. - - V i. a� ` 2605 ~ A •:2SS4 � �J w C4 En cv a En 2496 .. 2467 .. 24541 34 _ - 242 _Z418 - 241 r238 238 237 -23501 _ 31E 2306 2298 2 %., _26 01 N Q I'V .� c d o n n_ r1i 242 r Subject Property: 2423 Rundle Road Official Plan Environmental Protection i x The proponent wishes to construct a building supply outlet store at 2423 Rundle Road, which is located at the intersection of Highway 2 and Rundle Road between Bowmanville and Courtice. They are seeking a Minister's Zoning Order to gain expedient approval for their project without going through the typical public planning process. The subject property is designated Rural and Environmental Protection Area in the Clarington Official Plan. This proposal does not comply; when reviewed against applicable Provincial policy, the Durham Region Official Plan, the Clarington Official Plan and Zoning By-law 84-63. Council is inviting public comments prior to deciding whether to support the request by the proponent for a Minister's Zoning Order. This public meeting is not a statutory meeting under the Planning Act. Questions? Please contact Paul Wirch or Carlos Salazar at 905-623-3379 or by email at pwirch clarington.net If you wish to be notified of the decision of Clarington Council on whether to support the request for the Minister's Zoning Order, you must make a written request to the Municipal Clerk, 40 Temperance Street, Bowmanville, ON L1 C 3A6. Our procedures have changed as we continue to adapt to the COVID-19 pandemic. As mandated by Public Health, to maintain physical distancing these meetings will take place electronically. A public meeting will be held on: Date: Monday, October 26, 2020 Time: 7:00 pm Place: Electronic meeting by way of online device or telephone To View the Meeting The meeting will be livestreamed for public viewing at www.clarington.net/calendar.To view the livestream, click the "view livestream" link located next to the agenda which will appear when the meeting begins. To Speak at the Meeting If you wish to speak at the public meeting, please pre -register and you will be provided with further instructions. You can pre -register by completing the online form at www.clarington.net/delegations or contact the Clerk's Division at 905-623-3379 ext. 2109 or clerks(a-clarington.net by Friday, October 23, 2020 at 4:00 p.m. If you are unable to participate electronically, please contact the Clerk's Division and we will do our utmost to accommodate you. Written Submission We encourage you to submit your written comments for Committee's consideration to Paul Wirch or Carlos Salazar at pwirch(a)-clarington.net or by mail or drop box to 40 Temperance Street, Bowmanville, ON L1 C 3A6 by October 23, 2020. File Number: 010-040-03910 Freedom of Information and Protection of Privacy Act The personal information you submit is collected under the authority of the Planning Act, 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 Division 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 Accessibility Coordinator at 905-623-3379 ext. 2131. 04�1_ Faye Langmaid, FCSLA, RPP Acting Director of Planning and Development Services