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Planning and Development Committee

Minutes

Meeting #:
Date:
Time:
-
Location:
Council Members (in Chambers or MS Teams) | Members of the Public (MS Teams)
Regrets:
  • Mayor A. Foster,
  • Councillor G. Anderson,
  • Councillor R. Hooper,
  • Councillor J. Jones,
  • Councillor J. Neal,
  • Councillor C. Traill,
  • and Councillor M. Zwart
Other Staff Present:
  • T. Pinn, L. Backus, A. Tapp, S. Parish, C. Salazar, M. Jull, B. Rice


Councillor Anderson called the meeting to order at 4:00 p.m.

Councillor Traill was not present and joined the meeting at 7 p.m.

Councillor Neal led the meeting in the Land Acknowledgement Statement.

New business items were added to the agenda prior to the meeting.

  • Resolution #PD-155-21
    Moved byCouncillor Hooper
    Seconded byMayor Foster

    That the Agenda for the Planning and Development Committee meeting of May 17, 2021, be adopted, with the exception of Item 8.2, Delegation of Steve Hennessey, Right at Home, Regarding Item 8.3, Report PDS-028-21 Brookhill Neighbourhood Secondary Plan Update, which was withdrawn.

    Carried

There were no disclosures of interest stated at this meeting.

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

  • Resolution #PD-156-21
    Moved byMayor Foster
    Seconded byCouncillor Hooper

    That Report PSD-027-21 be received;

    That Official Plan Amendment 125 (OPA 125) to include the Southwest Courtice Secondary Plan in the Clarington Official Plan be adopted;

    That upon adoption by Council, the Southwest Courtice Secondary Plan be implemented by Staff as Council’s policy on land use and planning matters and through the capital budget program;

    That the Director of Planning and Development Services be authorized to finalize the form and content of OPA 125, the Secondary Plan and the Urban Design and Sustainability Guidelines resulting from Council's consideration, public participation, agency comments and technical considerations;

    That the Urban Design and Sustainability Guidelines appended to the Secondary Plan be approved and be used by staff to guide development applications and public projects;

    That the Director of Planning and Development Services be authorized to execute any agreements to implement the Secondary Plan once adopted by Council;

    That OPA 125 be forwarded to the Region of Durham for approval;

    That Council close the unopened road allowance legally referred to as:

    Firstly: Part of the road allowance between Lots 34 and 35, Con 1 (Darlington), now Part 1 on 40R-31088, Municipality of Clarington;

    Secondly: RDAL BTN LTS 34 & 35, Con 1 (Darlington) btn Hwy 401 & d502897; Municipality of Clarington;

    That the unopened road allowance portions be conveyed to the contiguous landowners for fair market value based on an appraisal prepared at the expense of such owners at the time of purchase; and

    That all interested parties listed in Report PDS-027-21 and any delegations be advised of Council’s decision regarding the adoption of the Secondary Plan.

    Motion Divided
  • Resolution #PD-157-21
    Moved byCouncillor Neal
    Seconded byCouncillor Jones

    That the foregoing Resolution #PD-156-21 be divided such that Paragraph 9 (Regarding Unopened Road Allowance Portions) be considered separately.

    Carried
  • Resolution #PD-158-21
    Moved byMayor Foster
    Seconded byCouncillor Hooper

    That Report PSD-027-21 be received;

    That Official Plan Amendment 125 (OPA 125) to include the Southwest Courtice Secondary Plan in the Clarington Official Plan be adopted;

    That upon adoption by Council, the Southwest Courtice Secondary Plan be implemented by Staff as Council’s policy on land use and planning matters and through the capital budget program;

    That the Director of Planning and Development Services be authorized to finalize the form and content of OPA 125, the Secondary Plan and the Urban Design and Sustainability Guidelines resulting from Council's consideration, public participation, agency comments and technical considerations;

    That the Urban Design and Sustainability Guidelines appended to the Secondary Plan be approved and be used by staff to guide development applications and public projects;

    That the Director of Planning and Development Services be authorized to execute any agreements to implement the Secondary Plan once adopted by Council;

    That OPA 125 be forwarded to the Region of Durham for approval;

    That Council close the unopened road allowance legally referred to as:

    Firstly: Part of the road allowance between Lots 34 and 35, Con 1 (Darlington), now Part 1 on 40R-31088, Municipality of Clarington;

    Secondly: RDAL BTN LTS 34 & 35, Con 1 (Darlington) btn Hwy 401 & d502897; Municipality of Clarington;

    That all interested parties listed in Report PDS-027-21 and any delegations be advised of Council’s decision regarding the adoption of the Secondary Plan.

    Yes (4)Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor Zwart
    No (2)Councillor Jones, and Councillor Neal
    Carried Later in the Meeting on a Recorded Vote (4 to 2)
  • Resolution #PD-159-21
    Moved byCouncillor Neal
    Seconded byCouncillor Jones

    That the Rules of Procedure be suspended to allow Members of Committee to speak to the foregoing Resolution #PD-158-21 for a second time. 

    Carried
  • Resolution #PD-160-21
    Moved byCouncillor Neal
    Seconded byCouncillor Jones

    That the foregoing Resolution #PD-158-21 be referred back to Staff to articulate where the trail to the waterfront will connect.

    Yes (3)Councillor Anderson, Councillor Jones, and Councillor Neal
    No (3)Mayor Foster, Councillor Hooper, and Councillor Zwart
    Motion Lost on a recorded vote (3 to 3)
  • Resolution #PD-161-21
    Moved byCouncillor Neal
    Seconded byCouncillor Jones

    That the Rules of Procedure be suspended to allow Members of Committee to speak to the foregoing Resolution #PD-160-21 for a second time.

    Carried

    The foregoing Resolution #PD-160-21 was then lost on a recorded vote.

    The foregoing Resolution #PD-158-21 was then carried on a recorded vote.


  • Paragraph 9 was now before Committee.

    Resolution #PD-162-21
    Moved byCouncillor Neal
    Seconded byCouncillor Jones

    That the following words “fair market value based on an appraisal prepared at the expense of such owners at the time of purchase” be replaced with “an equivalent amount of land from the developers”.

    Yes (5)Councillor Anderson, Councillor Hooper, Councillor Jones, Councillor Neal, and Councillor Zwart
    No (1)Mayor Foster
    Carried on a recorded vote (5 to 1)
  • Recess

    Resolution #PD-163-21
    Moved byCouncillor Neal
    Seconded byCouncillor Hooper

    That the Committee recess until 7:00 p.m.

    Carried

    The meeting reconvened at 7:00 p.m. with Councillor Anderson in the Chair.

    Councillor Traill joined the meeting.


Nick Pileggi, MSH Ltd., was present Regarding Item 8.3, Report PDS-028-21 Brookhill Neighbourhood Secondary Plan Update.  He stated that he is the representative for 2265, 2305 and 2325 Bowmanville Avenue.  Mr. Pileggi provided an overview of the properties and noted that they feel medium density designation is more appropriate than the proposed low density.  He expressed his concerns regarding the Future Block Master Plan which is causing the potential of Linden Lane to fail because they are the prime candidates for redevelopment.  Mr. Pileggi outlined the characteristics that make the land appropriate for a medium density local corridor and noted the property owners cannot support low density or the Block Master Plan requirement.  He recommended that the proposed low density residential designation be replaced with medium density local corridor designation in the proposed secondary plan, the proposed densities permitted be consistent with the densities outlined in the local corridor policies of the Official Plan, and that the requirement for a Future Block Master Plan be removed from the lands in its entirety and replaced with appropriate policies to address development compatibility and flexibility for future development.  Mr. Pileggi stated that his clients are committed to resolving the matters with Staff and answered questions from Members of Committee.

Steve Hennessey had contacted the Clerk's Division prior to the meeting to withdraw his delegation.

  • Resolution #PD-164-21
    Moved byCouncillor Zwart
    Seconded byCouncillor Hooper

    That Report PDS-028-21 be received;

    That Official Plan Amendment 126 to include the updated Brookhill Neighbourhood Secondary Plan in the Clarington Official Plan be adopted;

    That upon adoption by Council, the updated Brookhill Neighbourhood Secondary Plan be implemented by Staff as Council’s policy on land use and planning matters and through the capital budget program;

    That the Director of Planning and Development Services be authorized to finalize the form and content of OPA 126, the Secondary Plan, and the Sustainable Urban Design Guidelines resulting from Council’s consideration, public participation, agency comments, and technical considerations;

    That the Sustainable Urban Design Guidelines appended to the updated Secondary Plan be approved and used by Staff to guide development applications and public projects;

    That the Director of Planning and Development Services be authorized to execute any agreements to implement the Secondary Plan once adopted by Council;

    That OPA 126 be forwarded to the Region of Durham for approval; and

    That all interested parties listed in Report PDS-028-21 and any delegations be advised of Council’s decision regarding the adoption of the Secondary Plan.

    Carried as Amended
  • Resolution #PD-165-21
    Moved byCouncillor Neal
    Seconded byCouncillor Jones

    That the foregoing Resolution #PD-164-21 be amended by adding the following at the end:

    That the lands shown in Block Master Plan and applicable land policies and designations be deferred to allow the applicable landowners to apply for an Official Plan Amendment prior to the 2-year moratorium.

    Carried Later in the Meeting, see following motion
  • Resolution #PD-166-21
    Moved byCouncillor Jones
    Seconded byCouncillor Neal

    That the Rules of Procedure be suspended to allow Members of Committee to speak to the foregoing Resolution #PD-165-21 for a second time.

    Carried

    The foregoing Resolution #PD-165-21 was then put to a vote and carried.

    The foregoing Resolution #PD-164-21 was then put to a vote and carried as amended.


  • Resolution #PD-167-21
    Moved byCouncillor Hooper
    Seconded byMayor Foster

    That the minutes of the regular meeting of the Planning and Development Committee meeting held on April 26, 2021, be adopted.

    Carried

Costantino Bruno was present regarding PDS-029-21 Recommendation Report for an Official Plan Amendment Regarding Special Study Area 2 and questioned if his property is included in the greenbelt.

Kirk Kemp, Algoma Orchards, was present regarding Report PDS-029-21 Recommendation Report for an Official Plan Amendment Regarding Special Study Area 2. Mr. Kemp stated that he supports the Staff recommendation and expressed his concerns regarding the value of the land, financial hardship, and infrastructure. He stated that farmers have several ways to protect their land from development, not by including the lands in the greenbelt.  Mr. Kemp stated that taxpayers are investing money toward infrastructure, not to restrict it. He concluded by explaining that the lands should be used for future development, residential development and employment and answered questions from Members of Committee.

Bev Oda was called upon and was not present at this time.

Antonella Vergati, Verwest Investments Inc., was present regarding Item 17.1, Report PDS-029-21 Recommendation Report for an Official Plan Amendment Regarding Special Study Area 2.  Ms. Vergati expressed her concerns regarding their property being included in the greenbelt resulting in a financial loss. She stated that she is grateful for Planning Staff responding to public pressure, notices sent and the recommendation to remove the Special Study Area 2.  Ms. Vergati explained that the greenbelt will isolate Clarington and further isolate Courtice, Bowmanville, and Newcastle. She added that the golden horseshoe is expanding and that the land is needed for housing and employment.  Ms. Vergati explained that Clarington has many big investments which are supported by taxpaying individuals which were extended for employment growth and requested that the Special Study Area 2 be deleted from the Official Plan.

Bev Oda was present regarding Item 17.1, Report PDS-029-21 Recommendation Report for an Official Plan Amendment Regarding Special Study Area 2.  Ms. Oda recommended Committee support the deletion of Special Study Area 2 from the Clarington Official Plan. She explained that the lands are needed for future economic growth to expand industries, commercial enterprises and residential properties to reduce the need to travel. Ms. Oda stated that the Province has announced a review of a greenbelt expansion and questioned if the municipality will be participating for comments. She suggested that Staff create and maintain a list of interested parties so they are informed of any changes that may affect their property. Ms. Oda added that the municipality must go above and beyond with public notification to avoid confusion of any proposals.  She recommended that Committee support the deletion, base decisions on a balanced approach that involves consideration of roads, future economy, and quality of life, to create an interested parties list to keep land owners notified of any processes, and to keep Clarington a great place to live and work.

Stephen Selby was called upon but was not present at this time.

Charles Stevens, Wilmot Orchards, was present regarding Item 17.1, Report PDS-029-21 Recommendation Report for an Official Plan Amendment Regarding Special Study Area 2. Mr. Stevens noted he is past-chair of the Ontario Apple Growers and is the Vice-Chair of the Food and Vegetable Growers Association. He stated that the horticulture industry creates numerous jobs and added that farm land is a nonrenewable resource. Mr. Stevens explained the quality of land, how Lake Ontario moderates their farm to grow specialty crops and how he doesn't believe the number one agricultural farm land should be connected to microclimate to grow crops. He stated that 60% of apples are produced in Ontario and 40% are imported and explained that proper microclimate and land is essential to do that.  Mr. Stevens explained that he has people taking over his farm operation and want the opportunity for them to purchase the farm beside. He added that if the land is not protected long term, they won't be able to be purchase the land and grow the business.  Mr. Stevens answered questions from Members of Committee.

Doug Rombough was present regarding Item 17.1, Report PDS-029-21 Recommendation Report for an Official Plan Amendment Regarding Special Study Area 2. Mr. Rombough explained that the results from the April 26, 2021 Planning and Development Committee were that 71% of verbal and written submissions opted for deleting the Special Study Area 2 from the Official Plan and only 14% want to keep it.  He stated that Committee should not delete Special Study Area 2 from the Official Plan.  Mr. Rombough stated that Courtice, Bowmanville, and Newcastle are vastly different in population, density, commercialization and industrialization. He recommended that the Official Plan be amended to have the whitebelt surrounding Newcastle including Highway 35/115 as separate areas.  Mr. Rombough added that the lands are prime agricultural lands that should be protected and that Committee should encourage the preservation of the agricultural intense areas to create a unique Newcastle area.  He suggested that Section 13.3.2 be amended to include the protection of the prime agricultural land and should be included in the greenbelt.  Mr. Rombough stated that he supports any decision to make Newcastle unique from Bowmanville and Courtice and suggested Committee review his letter from April 26, 2021.

Sean Galbraith, LandSquared was present regarding a proposed telecommunication tower facility at 3612 Trulls Road. Mr. Galbraith provided a background of the Canadian wireless industry noting the demand is increasing. He provided an overview and comparison of the existing antennas and the proposed locations. Mr. Galbraith displayed the proposed location for a 50M monopole antenna on Trulls Road. He provided a photo simulation of installation for Adelaide Avenue, Trulls Road, and Pebblestone Road.  Mr. Galbraith provided an overview of the location of towers relative to points of interest, emission levels at points of interest, and the proposed installation vs. permitted limits and Wi-Fi.  He explained the electromagnetic spectrum and the public health agency view on cellular networks. Mr. Galbraith outlined where the existing towers are and requested that Committee support the protocol and allow the Director of Planning and Development Services to issue a directive to support the installation of the tower.  He answered questions from Members of Committee.

  • Recess

    Resolution #PD-168-21
    Moved byCouncillor Neal
    Seconded byCouncillor Hooper

    That the Committee recess for 10 minutes.

    Carried

    The meeting reconvened at 9:25 p.m. with Councillor Anderson in the Chair.


Stephen Selby was present regarding Item 17.1, Report PDS-029-21 Recommendation Report for an Official Plan Amendment Regarding Special Study Area 2. He noted that he spoke in February supporting the removal of Special Study Area 2 from the Official Plan. Mr. Selby explained that he purchased the land when it was in the whitebelt and noted that if the lands were designated to the greenbelt, it would impact their land value, business and equity in the land. He stated that his farm is a long term family business and hopes Committee supports the recommendation.

  • Alter the Agenda

    Resolution #PD-169-21
    Moved byCouncillor Neal
    Seconded byCouncillor Jones

    That the Agenda be altered to consider Item 17.1, Report PDS-029-21, at this time.

    Carried
  • Resolution #PD-170-21
    Moved byCouncillor Neal
    Seconded byCouncillor Jones

    That Report PDS-029-21 be received;

    That the Official Plan Amendment attached to Report PDS-029-21, as Attachment 3, be approved;

    That the submissions made by the public with respect to this issue be directed to the Official Plan review process for further consideration;

    That the Region of Durham be advised of Council’s decision; and

    That all interested parties listed in Report PDS-029-21 and any delegations be advised of Council’s decision.

    Yes (7)Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Jones, Councillor Neal, Councillor Traill, and Councillor Zwart
    Carried on a recorded vote (7 to 0)
  • Resolution #PD-171-21
    Moved byCouncillor Zwart
    Seconded byCouncillor Hooper

    That Communication Item 12.1, Minutes of the St Marys Cement Community Relations Committee dated February 23, 2021, be received for information.

    Carried
  • Resolution #PD-172-21
    Moved byCouncillor Neal
    Seconded byMayor Foster

    That Communication Item 13.1, Ruben Plaza, Votorantim Cimentos, Corporate Enviornmental Manager, St. Marys Cement, Regarding The Circulation of False Information by Clarington Clear about St. Marys Cement, be referred to Staff.

    Motion Withdrawn
  • Resolution #PD-173-21
    Moved byCouncillor Neal
    Seconded byMayor Foster

    That Communication Item 13.1, Ruben Plaza, Votorantim Cimentos, Corporate Enviornmental Manager, St. Marys Cement, Regarding The Circulation of False Information by Clarington Clear about St. Marys Cement, be received for information.

    Carried
  • Resolution #PD-174-21
    Moved byMayor Foster
    Seconded byCouncillor Neal

    That Communication Item 13.2, Gordon D. Johnston, Regarding Covanta and St. Marys Incinerator, be referred to the Region of Durham for response; and

    That the Municipality of Clarington be copied on the response.

    Carried

15.
Planning and Development Department Reports
 

  • Resolution #PD-175-21
    Moved byMayor Foster
    Seconded byCouncillor Zwart

    That Report PDS-030-21 be received;

    That Report PDS-030-21 be approved as the comments of the Municipality of Clarington on Canada’s Radioactive Waste Policy Framework;

    That a copy of Council’s decision and Report PDS-030-21 be forwarded to all interested parties;

    That the Nuclear Waste Management Organization be invited to provide an educational session for the Clarington Council on the implementation of its process for the safe, long-term management of radioactive waste through containment and isolation in a deep geological repository and the timeframe for the removal of waste from the Darlington Nuclear site; and

    That all interested parties listed in Report PDS-030-21 and any delegations be advised of Council’s decision.

    Carried Later in the Meeting, see following motion
  • Resolution #PD-176-21
    Moved byCouncillor Neal
    Seconded byCouncillor Jones

    That the Rules of Procedure be suspended to allow Members of Committee to speak to the foregoing Resolution #PD-175-21 for a second time.

    Carried

    The foregoing Resolution #PD-175-21 was then put to a vote and carried.


  • Resolution #PD-177-21
    Moved byMayor Foster
    Seconded byCouncillor Zwart

    That Report PDS-031-21 be received for information; and

    That the Interested Parties be provided a copy of PDS-031-21 and Council’s recommendation.

    Carried
  • Resolution #PD-178-21
    Moved byCouncillor Zwart
    Seconded byMayor Foster

    Whereas the Provincial government brought in legislation, in 2010, requiring that building permit applications for multiple-unit residential buildings higher than three storeys submitted must comply with the new fire sprinkler requirements;

    And whereas sprinkler systems have been shown to dramatically reduce fire losses;

    And whereas other types of dwelling units are in need of the same fire protection;

    Now therefore be it resolved that the provincial government be requested to amend the Ontario Building Code to make sprinkler systems mandatory in new buildings.

    Yes (6)Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Jones, Councillor Traill, and Councillor Zwart
    No (1)Councillor Neal
    Carried on a recorded vote (6 to 1)
  • Resolution #PD-179-21
    Moved byCouncillor Neal
    Seconded byCouncillor Traill

    That the meeting adjourn at 10:30 p.m.

    Carried
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