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Planning and Development Committee

Minutes

Meeting #:

Date:

Monday, December 09, 2024

Time:

5:00 P.m. - 9:00 P.m.

Location:

Council Members (in Chambers or Electronic Participation)

Members Present:

• Mayor A. Foster, 
• Councillor G. Anderson, 
• Councillor S. Elhajjeh, 
• Councillor C. Traill, 
• Councillor W. Woo, 
• and Councillor M. Zwart 

Regrets:

• Councillor L. Rang 

Staff Present:

• J. Newman, 
• L. Turcotte, 
• A. Tapp, 
• K. Richardson, 
• D. Lyons, 
• and R. Maciver 

Other Staff Present:

• R. Porras

   

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1.

Call to Order

Councillor Anderson called the meeting to order at 5:01 p.m.

Councillor Zwart joined later in the meeting at 5:05 p.m.

2.

Land Acknowledgment Statement

Councillor Elhajjeh led the meeting in the Land Acknowledgement Statement.

3.

Declaration of Interest

There were no disclosures of interest stated at this meeting.

4.

Announcements

Councillor Zwart joined the meeting.

Members of Committee announced upcoming community events and matters of community interest.

5.

Presentations/Delegations

5.1

Delegation by Wendy Bracken, Regarding Response from the Region of Durham on the Durham York Energy Centre (DYEC) Capacity Increase

Wendy Bracken was present regarding the Response from the Region of Durham on the Durham York Energy Centre (DYEC) Capacity Increase. Using an electronic presentation, Wendy provided an overview of the background of the increase. W. Bracken explained that the Region did not adequately address Clarington's request, and there was no response to monitoring improvements. Wendy noted that Clarington advised the Minister and Durham Region of the Host Community Agreement (HCA) commitments. W. Bracken stated that the European Union requires monitoring during other-than-normal operating conditions. W. Bracken explained that the Region owes the Host Community detailed responses, and that Clarington also requested the posting of the Environmental Compliance Assessment study documentation to the ERO project website. Wendy added that there has been no direct response to Clarington's AMESA data requests. W. Bracken urged the Committee to write to the Minister and Ministry, to get a legal opinion on the HCA and on Clarington submitting a FOI Request for AMESA data. Wendy answered questions from Members of Committee.

• Recess

  Resolution # PD-083-24
  Moved by Mayor Foster
  Seconded by Councillor Elhajjeh

  That the Committee recess for 5 minutes.

  Carried

  The meeting reconvened at 5:53 p.m. with Councillor Anderson in the Chair.

  
  
• Resolution # PD-084-24
  Moved by Councillor Traill
  Seconded by Councillor Elhajjeh

  Whereas Clarington previously advised the Minister of Environment, Conservation and Parks through its correspondence dated May 28, 2024, Re: Proposal to Increase Durham York Energy Centre Throughput to 160,000 Tonnes Per Year, that Clarington was requesting Durham Regional Council to produce an Update Report that would address a number of unresolved issues and concerns related to the Regions’ EA Screening proposal to expand waste throughput by 20,000 tonnes each year;

  And whereas Clarington also advised the Minister through correspondence dated May 28, 2024, Re: AMESA Monitoring and Reporting, that Clarington was again requesting Durham Regional Council to provide Clarington all of the DYEC AMESA data/results (including invalidated sampling results and rationale for invalidation), as well as all underlying reports for all sampling periods from 2015 to present and to “Ensure that all future Quarterly AMESA reports include the all-underlying data and provide a detailed rationale explaining any invalidated results and report all sampling results even if invalidated”;

  And whereas Durham Region responded to Clarington’s two correspondence items through Durham Report #2024-WR-7, dated November 6, 2024, which was received for information by Durham Works Committee on November 6, 2024;

  And whereas Durham, in its response Durham Report #2024-WR-7, did not sufficiently address, or did not address at all, the following Clarington’s requests:

  • request for an updated evaluation of the need to expand throughput that would take into account programs to capture additional organics from the garbage that have come into effect since the original needs assessment done in 2019;
  • requests for documentation as well as a summary on how the concerns/comments submitted by the Municipality of Clarington & the public were addressed in the EA Screening process as well as how and when any unresolved issues would be addressed (for example, summary table(s) referenced in their response did not include attachments the table itself referenced making it impossible to see how/if issues were addressed); and
  • request for an evaluation of DYEC Monitoring Programs and emission control technologies, as well as identification of improvements required to meet commitments in EFW Business Cases and Host Community Agreement;

  And whereas Durham, in WR-7, did not respond at all to Clarington’s requests “that Durham will request that ECA application(s) and supporting documents be posted to ERO” and “That Durham commits to promptly posting all ECA applications/study documents to the DYEC project website”;

  And whereas Durham, in their report 2024-WR-7, did not directly answer Clarington’s requests for all dioxin/furan AMESA data/results and underlying reports, nor did they answer whether they would commit to providing them in the future. Durham also did not provide any of the requested AMESA data/results/underlying reports;

  And whereas a lengthy period (five (5) years) has passed since the last public consultation on the throughput expansion in 2019 and two years have passed since the Environmental Screening Report (ESR) was released;

  And whereas there have been numerous developments as well as new information/results that have occurred which should be considered and have potential to affect the Regions’ proposed application to amend their ECA to expand waste burning capacity by 20,000 tonnes every year at the DYEC including:

  • Durham’s Expanded organics collection program and multi-residential Source Separated Organics collection;
  • At the DYEC, there have been more months of AMESA data invalidation reported, on one occasion dioxin/furan source testing was paused part way through a test run due to an operational issue then resumed, and the 2023 dioxin/furan soil testing result at the downwind station was more than double the 2013 pre-construction level and above what was predicted in the original EA health risk assessment. These findings point to the need for more and better monitoring/reporting; and
  • DYEC reported GHGs (in CO2e) are currently 25% higher than had been estimated in the 2009 EA.

  And whereas the European Union, in their Best Available Techniques (BAT) conclusions adopted in 2019, include continuous emissions monitoring for total particulate matter, continuous emissions monitoring for mercury, periodic monitoring for poly-brominated dioxins/furans, long-term dioxin/furan sampling that includes dioxin-like PCBs.   None of this described monitoring is currently required for the DYEC;

  And whereas the EU BAT conclusions also require monitoring during Other-Than-Normal-Operating-Conditions (OTNOC). This is currently not required at the DYEC;

  Now therefore, be it resolved that the Municipality of Clarington requests the Minister of Environment, Conservation, and Parks to:

  1. Direct the Ministry Staff that any ECA application(s) submitted by the Owner(s) of the DYEC to amend the throughput capacity be posted on the ERO for public and Municipal comment and that the posting includes the full application and all supporting documents;

  2. Direct Ministry staff to require public reporting as a condition of ECA approval of all dioxin/furan long-term sampling system (AMESA) data/results, including all underlying documents, on the DYEC website, as is done with other monitoring reports such as the Air Emissions Source Testing reports, Ambient Air reports, Soil Testing reports;

  3. Direct Ministry staff to review and update the monitoring requirements for the DYEC given developments in the EU and the U.S. (Oregon Senate Bill 488);

  4. Direct that Ministry Staff notify the Municipality of Clarington when each of the above steps has been taken so that Clarington may comment; and

  5. That this resolution be circulated to 

  • • Durham Regional Council and York Regional Council
    • All Durham M.P.Ps
    • Lisa Trevisan, Assistant Deputy Minister, Environmental Assessment and Permissions Division, Ministry of the Environment, Conservation and Parks
    • Alison Pilla, Assistant Deputy Minister, Environmental Policy Division, Ministry of the Environment, Conservation and Parks
    • Kathleen O’Neill, Director, Environmental Assessment, Ministry of the Environment, Conservation and Parks
    • Dr. Rachael Fletcher, Director (Acting) Central Region, Ministry of the Environment, Conservation and Parks
    • Celeste Dugas, Manager, York Durham District Office, MECP.

  Yes (4)	Councillor Anderson, Councillor Traill, Councillor Zwart, and Councillor Elhajjeh
  No (2)	Mayor Foster, and Councillor Woo
  Absent (1)	Councillor Rang

  Carried on a recorded vote (4 to 2)

5.2

Presentation by Absar Beg, Regarding, Report PDS-033-24 - Bowmanville East Urban Centre Secondary Plan Recommendation Report

Absar Beg, Lifelong Developments, was present regarding Report PDS-033-24 Bowmanville East Urban Centre Secondary Plan Recommendation Report. Using an electronic presentation, Absar provided an overview of 45 Raynes Avenue, Bowmanville (Goodyear) site plan, project timeline, and construction phasing. A. Beg outlined the communication strategy, demolition procedures, site safety, and security. Absar added that they obtained a storage building permit to demo the property. A. Beg provided an overview of the method of procedures, heritage items, tendering, and environmental engineering. Absar answered questions from Members of Committee.

5.3

Delegation by Andrew Rice regarding Report PDS-033-24 - Bowmanville East Urban Centre Secondary Plan

Andrew Rice was present regarding Report PDS-033-24 Bowmanville East Urban Secondary Plan Recommendation Report. Andrew thanked Council for referring the matter and Staff for their constructive discussions. A. Rice stated that they support the memo and are looking forward to finding a solution for the heliport.

In accordance with the Agenda, Committee set aside Items 6-9 and considered Section 10, at this time.

10.

Public Meetings (6:30 p.m.)

10.1

Proposed Zoning By-law Amendment and Draft Plan of Subdivision

No Members of the Public were present in opposition or in support of the application.

Using an electronic presentation, Robert McQuillan, The Biglieri Group, provided an overview of the site location, site context, and nearby community services. R. McQuillan outlined the proposed development including single-detached dwellings, townhouses, and the on-street parking plan. Robert noted that the proposal conforms with the Durham Region Official Plan, Clarington Official Plan, and the Bayview (Southwest Courtice) Secondary Plan. R. McQuillan provided an overview of the zoning by-law amendment and answered questions from Members of Committee.

10.1.1

PDS-051-24 - Applications for a Zoning By-law Amendment and Draft Plan of Subdivision for 60 Residential Units at 1430 and 1500 Prestonvale Road in Courtice

• Resolution # PD-085-24
  Moved by Mayor Foster
  Seconded by Councillor Elhajjeh

  That Report PDS-051-24 and any related communication items, be received for information only;

  That Staff receive and consider comments from the public and Council with respect to the Draft Plan of Subdivision and Zoning By-law Amendment applications submitted by the Biglieri Group Ltd., on behalf of Delpark Homes (Prestonvale) Inc. and continue processing the applications including the preparation of a subsequent recommendation report; and

  That all interested parties listed in Report PDS-051-24 and any delegations be advised of Council’s decision.

  Carried

10.2

Public Meeting for an Official Plan and Zoning By-law Amendment

Libby Racansky was present regarding the application. Using an electronic presentation, Libby expressed concerns regarding parks, trails, and the protection of heritage sites for the Courtice North communities. L. Racansky explained the sensitive areas within Lake Iroquois Beach. Libby stated that forests, swamps, and plants have shallow roots because of the shallow aquifer, underlain by clay, which provides very little water to these areas. L. Racansky expressed concerns regarding construction disrupting groundwater flow, causing negative impacts such as respiratory diseases. Libby expressed concerns regarding the change of groundwater flow. L. Racansky noted that two plazas along Townline Road, south of Nash Road, are starting to show sewage backup, which will enter Harmony Creek nearby.

• Resolution # PD-086-24
  Moved by Councillor Elhajjeh
  Seconded by Councillor Traill

  That the delegation be extended for an additional 3 minutes.

  Carried

  Libby questioned if Council could arrange monitoring as many residents lost their wells and have flooded basements after precipitation.

  Desmond Lightbody was present in opposition to the application. Desmond expressed concerns regarding the proposal encroaching on wetlands, wildlife, traffic congestion, and that the proposal exceeds the current zoning requirements. D. Lightbody stated that the proposal does not fit with the existing neighbourhood. Desmond added that the proposal should have two access points to relieve the traffic on Nash Road. D. Lightbody questioned if the housing is proposed for government dwellings and suggested that single-dwelling homes in a cul-de-sac or two-storey townhomes would be more fitting. Desmond answered questions from Members of Committee.

  Victor DaSilva was present in opposition to the application. Victor expressed concerns regarding increased traffic, noise, accidents, and excess lights shining into their home. V. DaSilva stated that the proposed parking is not sufficient for the development. Victor noted that the proposal will affect wildlife and wetlands. V. DaSilva expressed concerns regarding the safety of children and suggested including an entry off Nash Road and an exit out onto Townline Road. V. DaSilva also suggested a stop sign be installed at the end of their house as they won't be able to get out of their driveway.

  Grant Pollock was present to question if the forested area is protected by CLOCA and answered questions by Members of Committee.

  Mark Ainsworth was present to question what percentage of the north area is protected by CLOCA. Mark expressed concerns regarding the wildlife, traffic, and speeding along Nash Road. M. Ainsworth questioned the type of housing outlined in the proposal. Mark suggested the proposal would be suitable as single dwellings. M. Ainsworth expressed concerns regarding the waterway and how it is affected and people trespassing into their backyard.

  Rudy Weinberger was present in opposition to the application. Rudy expressed concerns regarding the number of units, overpopulated schools, traffic, and parking along Nash Road. R. Weinberger stated that the forest is a protected floodplain and that the storm runoff will lead to the proposed development. Rudy suggested protecting the greenspace, floodplain, and lowering the units/storeys.

  Darlene Pritchard was present to express concerns regarding the protected land as they were denied erecting a shed on their property as it is protected by CLOCA. Darlene questioned how the proposal will affect the water flow, wildlife, and green space. D. Pritchard also questioned if there will be another access road and if the current homeowners will be offered a buyout of their properties.

  Laurie Durnin was present to express concerns regarding groundwater and flooding of harmony creek, if there is an extension onto Townline Road. L. Durnin added that they are concerned about increased crime.

  Khadija Nakhuda was present to express concerns regarding the number of storeys, privacy, wetlands, flooding, and the damage the proposal could do to their property.

  Michael McNeil was present to express concerns regarding the watershed and increase traffic of construction vehicles on Nash Road.

  Bisa Bogosavljevic was present in opposition to the application. Bisa expressed concerns regarding the number of dwellings, increase in residents, over-populated schools, increase in accidents, and crime.

  Dave Meredith, Meredith Consulting Services, was present on behalf of the owners. Dave provided an overview of the location, noting that access onto Townline Road is not an option, the official plan designation, and the concept plan. D. Meredith explained the three-dimensional overview and that they matched the current grade along the northern property boundary. Dave added that the dwellings display as a 3-storey on the south side and the dwellings are for first-time home buyers or older adults to purchase or rent. D. Meredith also noted that the apartments are geared toward rentals with townhomes sold as independent units. Dave outlined the proposed zoning on the lands.

  Lawson Gay was present on behalf of the owners. Lawson stated that the building is 4 storeys because of the grade. L. Gay explained that studies were done for the water flow and are meeting and exceeding the grade. Lawson stated that their first application included two access points but were asked to revise to 1 access point. L. Gay mentioned that there is lots of room for wildlife. Lawson and Dave answered questions from Members of Committee.

  
  

10.2.1

PDS-052-24 - Applications for Clarington Official Plan Amendment and Zoning By-law Amendment for 1420 and 1422 Nash Road, Courtice

• Resolution # PD-087-24
  Moved by Mayor Foster
  Seconded by Councillor Traill

  That Report PDS-052-24 and any related communication items, be received for information only;

  That Staff receive and consider comments from the Public, Review Agencies, and Council with respect to the Clarington Official Plan Amendment and Zoning By-Law Amendment applications submitted by Meredith Consultant Services on behalf of Alesandro Sirizzotti, Rico Patrick Sirizzotti, Luigi Sirizzotti, Pasquale Sirizzotti, Adelina Pelosi, Giulio Sirizzotti, and Marisa Sirizzotti and continue processing the applications including the preparation of a subsequent recommendations report; and

  That all interested parties listed in Report PDS-052-24 and any delegations be advised of Council’s decision.

  Carried

• Recess

  Resolution # PD-088-24
  Moved by Mayor Foster
  Seconded by Councillor Elhajjeh

  That the Committee recess for 10 minutes.

  Carried

  The meeting reconvened at 8:43 p.m. with Councillor Anderson in the Chair. 

  Councillor Traill left the meeting.

  
  

10.3

Public Meeting for a Proposed Zoning By-law Amendment and Draft Plan of Subdivision

No Members of the Public were present in opposition or in support of the application.

Michael Fry and Lisa Klets, D.G. Biddle and Associates, were present regarding the application. Lisa provided an overview of the application, zoning by-law amendment, and noted that the application is consistent with all guidelines. Michael and Lisa answered questions from Members of Committee.

10.3.1

PDS-053-24 - Applications for a Zoning By-Law Amendment and Draft Plan of Subdivision to Permit the Creation of 12 Residential Lots at 3187 Middle Road, Bowmanville

• Resolution # PD-089-24
  Moved by Mayor Foster
  Seconded by Councillor Elhajjeh

  That Report PDS-053-24 and any related communication items, be received for information only;

  That Staff receive and consider comments from the public, review agencies, and Council with respect to the Zoning By-Law Amendment and Draft Plan of Subdivision applications submitted by D.G Biddle and Associates Ltd on behalf of Akero Developments, and continue processing the applications including the preparation of a subsequent recommendation report; and

  That all interested parties listed in Report PDS-053-24 and any delegations be advised of Council’s decision.

  Carried

10.4

Public Meeting for a Proposed Zoning By-law Amendment and Draft Plan of Subdivision

Using an electronic presentation, Libby Racansky questioned if a section could be used as a public space for relaxing practices such as yoga and tai chi, and for children to obtain needed exercise. L. Racansky noted that the surrounding development is dense and has little infiltration into the ground. Libby expressed concerns regarding air pollution, the removal of wetlands, forests, traffic, and overpopulated parks.

• Resolution # PD-090-24
  Moved by Councillor Elhajjeh
  Seconded by Councillor Zwart

  That the delegation be extended for an additional 3 minutes.

  Carried

  L. Racansky stated that the road extension is not required and expressed concerns regarding existing cracked roads.

  Leslie Raitt was present to express concerns regarding traffic congestion and the potential increase in accidents. Leslie stated that Lawson Road was supposed to be a dead end with access to another street, which would have alleviated some traffic congestion. L. Raitt noted that the wetlands should be addressed and questioned if the existing residential properties on Lawson Road will be re-zoned. Leslie questioned if fencing would be erected during construction and answered questions from Members of Committee.

  Hanieh Alyassin, Weston Consulting, was present on behalf of the owner. Using an electronic presentation, Hanieh provided an overview of the project, nearby community services and facilities, project timeline, and planning framework. H. Alyassin explained the development proposal, including the zoning by-law amendment and draft plan of subdivision. Hanieh provided an overview of the merits of the proposed development, existing and proposed residential built forms, and findings of technical studies. H. Alyassin outlined the next steps and answered questions from Members of Committee.

  
  

10.4.1

PDS-054-24 - Applications for a Zoning By-Law Amendment, and Draft Plan of Subdivision to Permit the Creation of Eight Lots, up to 16 Semi-Detached Dwelling Units, and One Future Development Block at 361 Townline Road, Courtice

• Resolution # PD-091-24
  Moved by Mayor Foster
  Seconded by Councillor Elhajjeh

  That Report PDS-054-24 and any related communication items, be received for information only;

  That Staff receive and consider comments from the public and Council with respect to Zoning By-Law Amendment and Draft Plan of Subdivision applications submitted by Made-True Development Inc. on behalf of Frank Maida., and continue processing the applications including the preparation of a subsequent recommendations report; and

  That all interested parties listed in Report PDS-054-24 and any delegations be advised of Council’s decision.

  Carried

  The Public Meetings concluded at 9:15 p.m.

  
  

6.

Consent Agenda

• Resolution # PD-092-24
  Moved by Mayor Foster
  Seconded by Councillor Elhajjeh

  That all items listed in Section 6, be approved, in accordance with the Agenda.

  Carried

6.1

PDS-049-24 - Amendment to Ontario Regulation 525/97 Re: Exempting Certain Official Plan Matters from Provincial Approval

• Resolution # PD-093-24

  That Report PDS-049-24, and any related delegations or communication items, be received;

  That Council endorses Staff Comments, identified in subsections 2.8 through 2.11 inclusive of Report PDS-049-24, to the Minister of Municipal Affairs and Housing on the proposed amendment to Ontario Regulation 525/97 to Exempt Certain Official Plan Matters from Approval under the Planning Act;

  That Report PDS-049-24 be adopted as the Municipality of Clarington’s submission to the Province on the proposed Amendment to Ontario Regulation 525/97 to Exempt Certain Official Plan Matters from Approval under the Planning Act;

  That a copy of Report PDS-049-24 and Council’s decision be sent to the Ministry of Municipal Affairs and Housing, the Region of Durham, and other Durham Region area municipalities; and

  That all interested parties in Report PDS-049-24, and any delegations be advised of Council’s decision.

6.2

PDS-050-24 - Application by Tribute (King Street) Ltd. for a Zoning By-law Amendment for 203 Apartment Units and 171 Townhouse Units in Courtice

• Resolution # PD-094-24

  That Report PDS-050-24 and any related delegations or communication items, be received;

  That the Zoning By-law Amendment application submitted by Tribute (King Street) Ltd. be approved and the Zoning By-law Amendment in Attachment 1 to Report PDS-050-24 be approved;

  That the Region of Durham Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PDS-050-24 and Council’s decision; and

  That all interested parties listed in Report PDS-050-24 and any delegations be advised of Council’s decision.

7.

Items for Separate Discussion

8.

Unfinished Business

8.1

Report PDS-033-24 - Bowmanville East Urban Centre Secondary Plan Recommendation Report

• Resolution # PD-095-24
  Moved by Mayor Foster
  Seconded by Councillor Woo

  That Item 8.1 Report PDS-033-24 - Bowmanville East Urban Centre Secondary Plan Recommendation Report and 8.2 Memo-013-24 - Bowmanville East Urban Centre Secondary Plan, be referred to the January 27, 2025, Council meeting.

  Carried

8.2

Memo-013-24 - Bowmanville East Urban Centre Secondary Plan

Item 8.2 was considered during Item 8.1.

11.

Confidential Items

11.1

LGS-043-24 - Proposed Acquisition of Property by the Municipality

• Resolution # PD-096-24
  Moved by Mayor Foster
  Seconded by Councillor Elhajjeh

  That Report LGS-043-24 be approved in accordance with the Closed Session Agenda.

  Carried

9.

New Business

9.1

Durham Homelessness Support Line

• Suspend the Rules

  Resolution # PD-097-24
  Moved by Mayor Foster
  Seconded by Councillor Elhajjeh

  That the Rules of Procedure be suspended to add an additional item to the Agenda.

  Carried
• Resolution # PD-098-24
  Moved by Councillor Zwart
  Seconded by Mayor Foster

  That Staff be requested to inquire about posting the Durham Homelessness Support Line at the commuter parking lot on Newtonville Road.

  Motion Withdrawn

12.

Adjournment

• Resolution # PD-099-24
  Moved by Mayor Foster
  Seconded by Councillor Woo

  That the meeting adjourn at 9:45 p.m.

  Carried