Committee Report to Council - Clarington ...

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                                                               Report to Council
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Report To:           Council                         Report Number: PDR-001-21

Date of Meeting:     January 18, 2021

Report Subject:      Planning and Development Committee Meeting of January 11, 2021

Recommendations:
 1.     Receive for Information

        (a)   10.2             Ralph Walton, Regional Clerk/Director of Legislative Services,
                               Region of Durham, Regarding Support of a Ministers Zoning
                               Order to Permit a Home Hardware Building Centre in the Rural
                               Area at the Southeast Corner of Rundle Road and Regional
                               Highway 2

        (b)   10.3             Martha Vandepol, Regarding Support of the Ministerial Zoning
                               Order for 2423 Rundle Road, Bowmanville

        (c)   10.4             Memo from Susan Siopis, Commissioner, Works, and Gioseph
                               Anello, Director, Waste Management Services regarding
                               Municipality of Clarington Resolution #C-506-20 regarding
                               Energy from Waste-Waste Management Advisory Committee
                               Motions to Works Committee
 2.     Applications to Amend the Clarington Official Plan and Zoning By-law to
        Allow a Nine-Storey Mixed Use Building and 45 Townhouse Units at
        1465 Highway 2, Courtice
        That Report PDS-001-21 be received;
        That staff receive and consider comments from the public and Council with respect
        to the above referenced applications; and
        That all interested parties listed in Report PDS-001-21 and any delegations be
        advised of Council’s decision.
Municipality of Clarington                                                               Page 2
Report PDR-001-21
3.     Correspondence of Jeff Kelso regarding Recreational Vehicle Storage
       on Clarington Lands Zoned "A" and "EP"
       That pre-budgetary approval of up to $15,000 to hire an outside planning consultant
       to provide options for recreational vehicle storage in Clarington; and
       That Planning Staff report back with a summary of what is currently permitted by
       the Clarington’s Official Plan and Zoning By-laws with respect to recreational
       vehicle storage, and to identify any additional land use categories with the potential
       for this use; and information on how recreational vehicle storage has been
       addressed in similar municipalities.
4.     Ralph Walton, Regional Clerk/Director of Legislative Services, Region
       of Durham, Regarding Response to November 25, 2020 Notice of
       Motion Regarding Minister's Zoning Orders
       That the following Resolution from Ralph Walton, Regional Clerk/Director of
       Legislative Services, Region of Durham, regarding Response to November 25,
       2020 Notice of Motion Regarding Minister's Zoning Orders, be endorsed by the
       Municipality of Clarington as follows:
        Whereas increasingly applicants are requesting Minister’s Zoning Orders in order
        to bypass the public planning process and to expedite development projects; and
        Whereas there is no defined MZO process to ensure that the appropriate
        technical issues are fully addressed before an MZO is enacted; and
        Whereas Regional Council wishes to ensure that all planning-related decisions
        affecting lands in the Region of Durham are sound and in the public interest;
        Now therefore be it resolved that:
                 1. Durham Region request that the Minister of Municipal Affairs and
                    Housing define what are matters of Provincial priority for
                    consideration of MZO’s;
                 2. Durham Region request the Minister of Municipal Affairs and Housing
                    to clarify when MZOs will (and will not) be used to expedite
                    development, and to clarify what safeguards can and will be put in
                    place to ensure that future land use decisions made by way of an
                    MZO represent good planning and are in the public interest;
                 3. That the Minister consult with the upper tier municipalities during the
                    consideration of any MZO that affects land in the Region. Since any
                    new development affects Regional infrastructure, (i.e. sewer, water,
                    roads), this consultation with the Region is imperative;
                 4. That the Minister consider whether the proposal conforms to
                    provincial planning policy and consider whether the proposed
                    development would adversely affect any matter of provincial interest
                    set out in Section 2 of the Planning Act;
Municipality of Clarington                                                            Page 3
Report PDR-001-21
                 5. That the Minister consider whether the proposal conforms to Regional
                     planning policy and facilitates uses that advance Provincial and
                     regional priorities;
                 6. That the Minister consider whether new development permitted by an
                    MZO adversely affects uses in the vicinity of the area;
                 7. That the Minister assess whether the project is “shovel-ready” and will
                    be constructed in a timely manner. In that regard, the MZO could
                    include a lapsing provision so that if a building permit has not been
                    issued for the proposal within a specified timeframe, the MZO could
                    be repealed;
                 8. That prior to the issuance of an MZO, the required technical studies
                    have been, or will be, completed to demonstrate there will not be any
                    unacceptable impacts on the natural environment;
                 9. That prior to the issuance of an MZO, the required technical studies
                    have been, or will be, completed to demonstrate that the Regional
                    infrastructure is sufficient to accommodate the proposal, and where
                    necessary that a development agreement has been executed prior to
                    the enactment of the MZO to secure the
                    necessary infrastructure works and ensure that any fiscal impacts on
                    the Region have been addressed;
                 10. That the affected municipality/municipalities be reimbursed by the
                     proponent for time spent by municipal staff on the basis that a
                     significant amount of staff time is required to assist affected Councils
                     when considering MZO requests, to compensate for the foregone
                     planning application fee revenue that would otherwise have been
                     collected; and
                 11. That a copy of this resolution be forwarded to all local area
                     municipalities in Durham Region.

5.     Rezoning to Facilitate 3 Severances at 1535 Ovens Road in
       Newtonville
       That Report PDS-003-21 be received;
       That the application to amend Zoning By-law 84-63 be approved and the By-law
       contained in Attachment 1 of Report PDS-003-21 be passed;
       That once all conditions contained in Report PDS-003-21 with respect to Removal
       of the (H) Holding Symbol are satisfied, the By-law authorizing the Removal of the
       (H) Holding Symbol be approved;
       That the Region of Durham Planning and Economic Development Department and
       Municipal Property Assessment Corporation be forwarded a copy of Report
       PDS-003-21 and Council’s decision; and
Municipality of Clarington                                                            Page 4
Report PDR-001-21
       That all interested parties listed in Report PDS-003-21 and any delegations be
       advised of Council’s decision.
6.     Fred Eisenberger, Mayor, City of Hamilton, Regarding Request for
       Interim Cap on Gas Plant and Greenhouse Gas Pollution and the
       Development and Implementation of a Plan to Phase-Out-Gas-Fired
       Electricity Generation
       Whereas the Municipality of Clarington strives to sustain our environment for future
       generations and to foster a heathy community that nurtures the wellbeing of
       residents to provide a high quality of life indefinitely;
       Whereas the Municipality of Clarington declared a Climate Emergency on February
       18, 2020, acknowledging the important role of governments in reducing greenhouse
       gas emissions that are contributing to climate change;
       Whereas the Municipality of Clarington recognizes governments have an important
       role in reducing the local and global environmental damages associated with the
       production, transportation and use of energy;
       Whereas the Municipality of Clarington is taking action to mitigate climate change
       through energy conservation and demand management planning and the
       development of the Clarington Corporate Climate Action Plan;
       Whereas the Municipality of Clarington has collaborated on the development of the
       Durham Community Energy Plan, which promotes the transition to low carbon
       energy to ensure the wellbeing of our community and environment;
       Whereas the Municipality of Clarington recognizes the need for energy expenses to
       be minimized to alleviate the financial burden on residents, businesses and the
       municipality;
       Now therefore be it resolved that the Municipality of Clarington respectfully requests
       the Government of Ontario take the following actions to reduce GHG emissions in
       the energy sector while promoting local economic development:
              •   Prioritize the incorporation of carbon-free energy sources into the Ontario
                  power grid including wind, solar and nuclear;
              •   Invest in local renewable energy production, transmission and storage, to
                  reduce GHG emissions and household energy expenses and create high
                  quality new jobs in manufacturing, installation, maintenance, and
                  recycling;
              •   Introduce programs to incentivize energy retrofits for all buildings, as the
                  single most effective way to reduce energy demand, while encouraging
                  local economic development and jobs in the building sector;
              •   Introduce programs and incentives to encourage the use of electric
                  vehicles by the public, businesses and municipalities to offset GHG
                  emissions from the transportation sector;
Municipality of Clarington                                                             Page 5
Report PDR-001-21
       That this resolution be sent to the Honourable Doug Ford, Premier of Ontario; the
       Honourable Greg Rickford, Minister of Energy, Northern Development and Mines
       and Minister of Indigenous Affairs; The Honourable Jeff Yurek, Minister of the
       Environment, Conservation and Parks; Lindsey Park, MPP (Durham), David Piccini,
       MPP (Northumberland-Peterborough South);
       That this resolution be sent to the Region of Durham and Durham Area
       Municipalities; and
       That this resolution be sent to the Federation of Canadian Municipalities (FCM) and
       the Association of Municipalities Ontario (AMO) for circulation to municipalities with
       a request for endorsement.
7.     An Application by 2411 Baseline Limited to Amend the Zoning By-law
       to Permit the Development of a Commercial Property for a Variety of
       Uses at 2411 and 2415 Baseline Road, Bowmanville
       That Report PDS-002-21 be received;
       That the application to amend the Zoning By-law submitted by 2411 Baseline
       Limited be approved and that the Zoning By-law contained in Attachment 1 to
       Report PDS-002-21 be passed;
       That a By-law lifting the Holding (H) Symbol be forwarded to Council once Site Plan
       approval has been granted and including the following items are satisfied:
          a) Submission and acceptance of the intersection detail design and site
             entrance design;
          b) Construction of the access and any associated costs for the construction of
             the access have been paid; and
          c) Submission of a Stage One and Two Archaeological Assessment Clearance
             Letter by the Ministry of Tourism, Culture and Sports, submission of a Phase
             Two ESA Report and a Reliance Letter and Certificate of Insurance to the
             Region's satisfaction.
       That the Durham Regional Planning and Economic Development Department and
       Municipal Property Assessment Corporation be forwarded a copy of Report
       PDS-002-21.
       That all interested parties listed in Report PDS-002-21 and any delegations be
       advised of Council's decision by the Department.
8.     Lindvest Properties (Clarington) Limited Proposed Red Line Revisions
       to a Draft Approved Plan of Subdivision and Rezoning North-east
       Corner of Grady Drive and Rudell Road, Newcastle
       That Report PDS-004-21 be received;
Municipality of Clarington                                                               Page 6
Report PDR-001-21
       That the red-lined revision to a Draft Approved Plan of Subdivision submitted by
       Lindvest Properties (Clarington) Limited to alter the lot frontages and road layout,
       be supported subject to the conditions contained in Attachment 1 to Report
       PDS-004-21;
       That the application to amend Zoning By-law 84-63 be approved and that the
       Zoning By-law Amendment in Attachment 2 to Report PDS-004-21 be passed;
       That once all conditions contained in the Official Plan with respect to the removal of
       the (H) Holding Symbol are satisfied, the By-law authorizing the removal of the (H)
       Holding Symbol be approved;
       That the Durham Regional Planning and Economic Development Department and
       Municipal Property Assessment Corporation be forwarded a copy of Report
       PDS-004-21 and Council’s decision; and
       That all interested parties listed in Report PDS-004-21 and any delegations be
       advised of Council’s decision.
9.     Seasonal Sidewalk Patio Program 2020 Results, Guidelines, and
       Procedures
       That Report PDS-005-21 be received for information;
       That Council approve the allocation of $5,000.00 from each of the Bowmanville,
       Newcastle, and Orono Community Improvement Programs ($15,000 total) to be
       used to support any additional restaurants that may apply to participate in the
       Seasonal Sidewalk Patio Program;
       That $5000.00 be approved, to be used to support any additional restaurants in
       participating in a Seasonal Sidewalk Patio Program for Courtice, to be allocated at
       the discretion of the Director of Financial Services; and
       That all interested parties and any delegations be advised of Council’s decision.
10.    Committee of Adjustment By-law – New
       That Report PDS-006-21 be received;
       That By-law 83-83, and its amendments, be repealed, and the By-law attached to
       Report PDS-006-21, as Attachment 2, be passed; and
       That all interested parties listed in Report PDS-006-21 and any delegations be
       advised of Council’s decision.
11.    Former Proposed By-law 2020-089 - Being a By-law to Exempt a
       Certain Portion of Registered Plan 40M-2614 from Part Lot Control
       That the proposed by-law to exempt a certain portion of Registered Plan 40M-2614
       from Part Lot Control, be approved.
Municipality of Clarington                                                         Page 7
Report PDR-001-21
12.    Former Proposed By-law 2020-083 - Being a By-law to Exempt Lot 5 of
       Registered Plan N632 from Part Lot Control
       That the proposed by-law to exempt Lot 5 of Registered Plan N632 from Part Lot
       Control, be approved.
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