Planning and Development Committee Agenda · If you make a delegation or presentation at a General Government Committee meeting, the Municipality will be audio recording you and will

Final

Planning and Development Committee

Agenda Date: March 11, 2019 Time: 7:00 PM Place: Council Chambers, 2nd Floor Municipal Administrative Centre 40 Temperance Street Bowmanville, Ontario

Inquiries & Accommodations: For inquiries about this agenda, or to make arrangements for accessibility accommodations for persons attending, please contact: Samantha Gray, Committee Coordinator, at 905-623-3379, ext. 2106 or by email at [email protected].

Alternate Format: If this information is required in an alternate format, please contact the Accessibility Coordinator, at 905-623-3379 ext. 2131.

Audio Record: The Municipality of Clarington makes an audio record of General Government Committee meetings. If you make a delegation or presentation at a General Government Committee meeting, the Municipality will be audio recording you and will make the recording public by publishing the recording on the Municipality’s website.

Cell Phones: Please ensure all cell phones, mobile and other electronic devices are turned off or placed on non-audible mode during the meeting.

Copies of Reports are available at www.clarington.net

mailto:[email protected]

http://www.clarington.net/

Planning and Development Committee Agenda Date: March 11, 2019 Time: 7:00 PM Place: Council Chambers

Page 2

1 Call to Order

2 New Business – Introduction Members of Committee are encouraged to provide the Clerk’s Department, in advance of the meeting, a copy of any motion the Member is intending to introduce, (preferably electronic) such that staff could have sufficient time to share the motion with all Members prior to the meeting.

3 Adopt the Agenda

4 Declaration of Interest

5 Announcements

6 Adoption of Minutes of Previous Meeting

6.1 February 19 Minutes

Minutes of a Regular Meeting of February 19, 2019 Page 5

7 Public Meetings

7.1 Public Meeting Application for a Proposed Zoning By-law Amendment

Applicant: Aspen Gardens Bowmanville Ltd. (Kaitlin)

Report: PSD-016-19

Location: 2346 Baseline Road, Bowmanville at the northwest corner of Baseline Road and Green Road

Page 12

8 Delegations 8.1 Brenda Metcalf, Chair, Agricultural Advisory Committee of Clarington, Regarding an

Annual Update


Page 3

9 Communications - Receive for Information

9.1 St. Mary’s Cement Minutes

Minutes of the St. Mary’s Cement Community Relations Committee dated September 11, 2018

Page 14

10 Communications – Direction

10.1 Barry Bolahood

Barry Bolahood– Request for an Amendment to the Interim Control By-Law 2018-083

(Motion as detailed in attached Memo from Planning Services, to Permit an Amendment to the Interim Control By-Law 2018-083)

Page 24

10.2 Memo from Carlo Pellarin

Carlo Pellarin, Manager of Development Review, Regarding Regional Waste Pick-up for Residential Development with Private Roads

(Motion as detail in Memo from Planning Services, Regarding Regional Waste Pick-up for Residential Development with Private Roads)

11 Presentations No Presentations

12 Planning Services Department Reports

12.1 PSD-016-19 Applications by Aspen Gardens Ltd. (Kaitlin) for a Draft Plan of Subdivision and Zoning By-law amendment to permit a 136-unit residential subdivision at the northwest corner of Baseline Road and Green Road, Bowmanville

Page 28

12.2 PSD-017-19 Cannabis Retail Stores Siting Policy Page 37


Page 4

13 New Business – Consideration

14 Unfinished Business None

15 Confidential Reports No Reports

16 Adjournment

Planning and Development Committee Minutes

February 19, 2019

- 1 -

If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131.

Minutes of a meeting of the Planning and Development Committee held on Tuesday, February 19, 2019 at 7:00 PM in the Council Chambers.

Present Were: Mayor A. Foster, Councillor G. Anderson, Councillor R. Hooper, Councillor J. Jones, Councillor J. Neal, and Councillor C. Traill

Regrets: Councillor M. Zwart

Staff Present: A. Allison, F. Langmaid, M. Seamen, K. Richardson, C. Salazar, J. Gallagher, S. Gray

1 Call to Order Councillor Neal called the meeting to order at 7:03 PM.

2 New Business – Introduction There were no new business items added to the Agenda.

Alter the Agenda

Resolution #PD-013-19

Moved by Mayor Foster, seconded by Councillor Jones

That the agenda be altered to consider the presentation from Peter Vogel, Vice Chair, Clarington Heritage Committee and Katharine Warren, Chair of the Education and Outreach Sub-Committee of the Heritage Committee, Honouring Three Heritage Properties in Clarington, after the Adoption of Minutes of Previous Meeting section of the Agenda.

Carried

3 Adopt the Agenda Resolution #PD-014-19

Moved by Councillor Anderson, seconded by Mayor Foster

That the Agenda for the Planning and Development Committee meeting of February 19, 2019 be adopted as presented.

Carried

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February 19, 2019

- 2 -

4 Declarations of Interest There were no disclosures of interest stated at this meeting.

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

6 Adoption of Minutes of Previous Meeting Resolution #PD-015-19

Moved by Councillor Hooper, seconded by Mayor Foster

That the minutes of the regular meeting of the Planning and Development Committee, held on January 28, 2019, be approved.

Carried

11.1 Peter Vogel, Vice Chair, Clarington Heritage Committee and Katharine Warren, Chair of the Education and Outreach Sub-Committee of the Heritage Committee, Honouring Three Heritage Properties in Clarington

Peter Vogel and Katherine Warren were present, honouring three heritage properties in Clarington. Mr. Vogel provided the Committee with an overview of the heritage property located at 156 Church Street, Bowmanville. He highlighted the properties architectural and historical values. Ms. Warren provided an overview of the heritage property located at 2020 Lambs Road, Bowmanville. She highlighted the properties architectural and historical values. Mr. Vogel provided the Committee with an overview of the heritage property located at 348 King Avenue East, Newcastle. He highlighted the properties architectural and historical values. The owners of 156 Church Streete and 348 King Avenue East were presented with a certificate honouring their heritage designation. The owners of 2020 Lambs Road were unable to attend the meeting.

6


February 19, 2019

- 3 -

7 Public Meetings 7.1 Application for a Proposed Zoning By-law Amendment

Applicant: 2411 Baseline Limited Report: PSD-011-19 Location: 2411 & 2415 Baseline Road, Bowmanville

Ruth Porras, Senior Planner / Urban Designer, made a verbal and electronic presentation to the Committee regarding the application.

Michael Fry, Senior Planner, D.G. Biddle and Associates and Drew Hansen, Building Designer were present on behalf of the applicant. Mr. Fry advised the Committee that they will be looking to increase the number of parking spaces proposed in Report PSD-011-19 in the next version of the application. He mentioned that they are also in the process of a parking study and will continue discussions with municipal staff regarding the proposed entrance to the site.

Mr. Hansen advised the Committee of the various environmentally friendly design elements proposed for the site. He explained that the development will be equipped with roof top solar panels, a solar wall for heating and air conditioning, and two locations for 3-6 charging stations for electric vehicles. Mr. Hansen noted that they will be using best practices to achieve a green building.

8 Delegations 8.1 Brenda Metcalf, Chair of the Agricultural Advisory Committee, Regarding

the Agricultural Advisory Committee - 2018 Accomplishments

Ms. Metcalf advised the Municipal Clerk’s Department, prior to the meeting, that she would be unable to attend as a delegation.

8.2 Michael Domovitch, President, 1977057 Ontario Limited, Regarding Report PSD-013-19, Extension of Draft Approval by 1977057 Ontario Limited in Brookhill Neighbourhood in Bowmanville

Michael Domovitch, President, 1977057 Ontario Limited, was present regarding Report PSD-013-19, Extension of Draft Approval by 1977057 Ontario Limited in Brookhill Neighbourhood in Bowmanville. Mr. Domovitch advised the Committee that he was present to answer questions.

9 Communications - Receive for Information There are no Communications to be received for information.

7


February 19, 2019

- 4 -

10 Communications – Direction 10.1 Ralph Walton, Regional Clerk/Director of Legislative Services, The Regional

Municipality of Durham, Regarding Providing Consultation on Increasing Housing Supply in Ontario, Report 2019-COW-1


Moved by Mayor Foster, seconded by Councillor Hooper

That Communication Item 10.1 from Ralph Walton, Regional Clerk/Director of Legislative Services, The Regional Municipality of Durham, regarding Providing Consultation on Increasing Housing Supply in Ontario, Report 2019-COW-1, be received for information.

Carried

11 Presentation(s) 11.1 Peter Vogel, Vice Chair, Clarington Heritage Committee and Katharine

Warren, Chair of the Education and Outreach Sub-Committee of the Heritage Committee, Honouring Three Heritage Properties in Clarington

The Presentation from Peter Vogel, Vice Chair, Clarington Heritage Committee and Katharine Warren, Chair of the Education and Outreach Sub-Committee of the Heritage Committee, Honouring Three Heritage Properties in Clarington was considered earlier in the meeting.

12 Planning Services Department Reports 12.1 PSD-011-19 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


Moved by Councillor Hooper, seconded by Councillor Jones

That Report PSD-011-19 be received;

That the proposed application for Zoning By-law Amendment ZBA 2018-0029 continue to be processed including the preparation of a subsequent recommendation report;

That staff consider the public comments received in the further processing of the Zoning By-law Amendment application submitted by 2411 Baseline Limited to permit the commercial development; and

8


February 19, 2019

- 5 -

That all interested parties listed in Report PSD-011-19 and any delegations be advised of Council's decision by the Department.

Carried

12.2 PSD-012-19 An Application by Gerald Sherk Removal of Holding – 2406 Prestonvale Road, Courtice


Moved by Mayor Foster, seconded by Councillor Anderson


That the application submitted by Gerald Sherk to remove the Holding (H) symbol be approved, and that the by-law contained in Attachment 1 to Report PSD-012-19, to remove the (H) Holding Symbol, be passed;

That Council’s decision and a copy of Report PSD-012-19 be forwarded to the Region of Durham and the Municipal Property Assessment Corporation; and

That all interested parties listed in Report PSD-012-19 and any delegations be advised of Council's decision.

Carried

12.3 PSD-013-19 Extension to Draft Approval by 1977057 Ontario Limited in Brookhill Neighbourhood in Bowmanville


Moved by Councillor Hooper, seconded by Councillor Jones


That the extension to Draft Approval for S-C-2011-0002 be supported subject to the Conditions as contained in Attachment 1 to Report PSD-013-19;

That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-013-19 and Council's decision; and


Carried

9


February 19, 2019

- 6 -

12.4 PSD-014-19 Extension to Draft approval for Lindvest Properties (Clarington) Inc. in Newcastle


Moved by Councillor Jones, seconded by Mayor Foster


That the extension to Draft Approval for 18T-89059 be supported subject to the Amended Conditions as contained in Attachment 1 to Report PSD-014-19;

That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-014-19 and Council’s decision; and


Carried

12.5 PSD-015-19 Proposed Changes to the Growth Plan for the Greater Golden Horseshoe


Moved by Councillor Hooper, seconded by Councillor Anderson

That Report PSD-015-19 be endorsed;

That the proposed changes to the Growth Plan for the Greater Golden Horseshoe are generally supported. However, the following recommendations and the comments contained in Report PSD-015-19 be endorsed as Clarington’s formal submission to the Ministry of Municipal Affairs and Housing:

• The proposed Provincially Significant Employment Zones be removed from the area identified as the Courtice Major Transit Station Area as shown in Attachment 2;

• Provincially Significant Employment Zones be added to the lands between Courtice Road and Highway 418, south of Bloor Street as shown in Attachment 2;

• The proposed Provincially Significant Employment Zones be removed from the areas where they overlap with the Southeast Courtice Secondary Plan and the Southwest Courtice Secondary Plan areas as shown in Attachment 2;

10


February 19, 2019

- 7 -

• The lands between Durham Highway 2 and Bloor Street, east of Courtice Road to the future Highway 418 be added as employment area to the Courtice urban area; and

• The long-term goal of net-zero communities be maintained as a guiding principle of the Growth Plan.

That a copy of Report PSD-015-19, be forwarded to the Ministry of Municipal Affairs and Housing, Metrolinx, the Durham Regional Planning and Economic Development Department and any interested parties.

Carried

13 New Business – Consideration There were no New Business Item to be considered under this Section of the Agenda.

14 Unfinished Business

15 Confidential Reports There were no Confidential Reports scheduled under this Section of the Agenda.

16 Adjournment Resolution #PD-022-19

Moved by Councillor Traill, seconded by Councillor Jones

That the meeting adjourn at 7:44 PM. Carried

________________________ ________________________

Chair Deputy Clerk

11

Notice of Public Information Centre

Notice of Public Meeting A land use change has been proposed, have your say!

The Municipality is seeking public comments before making a decision on an application for a proposed Draft Plan of Subdivision and an application to amend the Zoning By-law.

Proposal Aspen Gardens Bowmanville Ltd. (Kaitlin) submitted applications for a Draft Plan of Subdivision and Rezoning to permit 136 residential units, including 21 single detached dwelling units, 12 semi-detached dwelling units, a townhouse block (up to 103 units), and an Open Space Block along the extension of Buttonshaw Street, south of McPhail Avenue. The subject applications are deemed complete.

Property 2346 Baseline Road, Bowmanville at the northwest corner of Baseline Road and Green Road

How to be Informed Additional information and background studies are available for review at the Planning Services Department. Questions? Please contact Anne Taylor Scott 905-623-3379, extension 2414, or by email at [email protected] How to Provide Comments Public Information Centre: The Applicant will be hosting a drop-in style Public Information Centre on:

Date: Thursday, February 28, 2019 Time: 6:30 p.m. to 8:30 p.m. Place: Church of Jesus Christ of Latter

Day Saints, 7 Pethick Street, Bowmanville, ON

Statutory Public Meeting: Date: Monday, March 11, 2019 Time: 7:00 p.m. Place: 40 Temperance Street, Bowmanville, ON L1C 3A6 Municipal Administrative Centre Council Chambers

File Number: S-C-2018-0001 & ZBA2018-0027 12

mailto:[email protected]

Freedom of Information and Protection of Privacy Act The personal information you submit 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 Department 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.

Appeal Requirements If you do not speak at the public meeting or send your comments or concerns to the Municipality of Clarington before the by-law is passed: a) you will not be entitled to appeal the decision to the Local Planning Appeal Tribunal; and b) you will not be able to participate at a hearing of an appeal before the Local Planning Appeal Tribunal, in the opinion of the Board or the Tribunal, there are reasonable grounds to do so.

Michael Seaman, MCIP, RPP Director of Planning Services I:\^Department\Application Files\SC-Subdivision\S-C-2018\S-C-2018-0001-Aspen Gardens Ltd\Public Notice\SC-2018-0001 Public Meeting Notice.docx

13

1

St Marys Cement Community Relations Committee Meeting Minutes

Tuesday September 11, 2018

5:00 p.m. – St Marys Cement, Bowmanville Plant

Attendees: Amy Burke, Senior Planner, Municipality of Clarington Cherisse Diaram, Quarry EIT, St Marys Cement David Veenstra, Port Darlington Community Association Ernie Hamilton, Quarry Manager, St Marys Cement Jeff Mitchell, Port Darlington Community Association Jim Grimley, Wilmot Creek Homeowners Association Jim Storey, Operations Manager, St Marys Cement Luis Urbina, Environmental Manager, St Marys Cement Ruben Plaza, Environmental Manager, St Marys Cement Tanya Pardy, Human Resources Manager, St Marys Cement Willie Woo, Municipality of Clarington Council Kim Lendvay, Senior Environmental Officer, MOECC

Pauline Witzke – Port Darlington Community Association

Regrets:

1. Agenda distributed

2. Review of Community Concerns

a) Community concerns between May and September

1 related to plume on 02/06/2018

1 related to dust on 08/08/2018

b) June 2nd complaint

Anonymous call to MOE complaining of a haze lingering for about 20 minutes, around 14:20

Email was sent to SMC

L. Urbina reviewed opacity records but nothing was found to indicate that a haze was

coming from SMC

Plume typically more visible in morning and evening

Councillor Woo mentioned that Councillor Hooper concerned about hazes and whether

MOE is informed

Councillor Hooper concerned that this is masking some other condition

ECA (Environmental Compliance Approval) condition requires MOE to be informed when

complaint is received

14

2

In this case, complaint was received through the MOE

Complaints reported within 2 days and formal report sent within 7 days to MOE

Are outputs (emissions) affected by inputs

Yes, some inputs (raw materials, fuels) do affect emissions

Residents concerned with visible plume (association with fire)

Scrubber will reduce emissions but plume will still be visible

Councillor Woo will convey that complaints received by SMC are forwarded to the MOE

and communication flows both ways

Many complaints are related to blasting and come from outside the immediate surrounding

area

Look at wider communications strategy

Look at posting “Plume FAQs” on webpage

c) August 8th complaint

Resident called complaining of black dust on deck

L. Urbina visited the residence on the same day and obtained samples

Sample did not indicate coal dust but the sample was very small

Dust was not present in other areas, localized to deck and appeared to follow a pattern of

dried water

3. St Marys Operations Report

a) Monitoring Station Locations

The monitoring station locations were reviewed and are as follows:

PM 10 stands for particulate matter which is less than 10 microns in size

15

3

Dust fall jars take a sample over 30 days which is sent for testing, PM 10 BAM monitors take

an hourly sample and PM 10 hi-vol monitors take a sample for a 24H period, every 6 days

b) Seismograph location

Temporary unit at vacant municipal lot

c) PM10 Results

16

4

d) Dust Fall Monitoring

e) PM10 Exceedences

17

5

Is there a process to eliminate property as source of dust

Combination of visual inspection and identification of possible sources of dust

Is there a way to correlate upwind sources of dust with downwind readings

Yes, this can be examined

Visual inspection used as well as consultant review

OPG reading in July was odd, only one of the monitors indicated an exceedence (there

was not continuous monitoring alert)

Is there a petrographic microscope to examine mineralogy

Difficult to do but possible to distinguish organic or non-organic

This is difficult to do and many of the materials encountered on and offsite would be the

same (soils, dust from aggregates delivered from site to construction areas, etc.)

f) SO2 and NOx Stack Emissions

18

6

SO2 emissions for 2018 to August were 3,893 tonnes; the total allowance for 2018 is 3,856

tonnes

NOx emissions for 2018 to August were 2,064 tonnes; the total allowance for 2018 is 3,505

tonnes

SOx emissions typically higher than allowance

This is not a non-compliance as credits may be purchased or transferred

Bowmanville plant typically transfers credits from St Marys, ON plant

19

7

Scrubber install has been delayed (civil work has started but some investment and

equipment have been put off), expected commissioning November 2019 with some

work done during Winter 2019 shutdown

NOx emissions typically below allowances

What are the two piles of stone present, south of the plant road

This is called the “2 bank” and contains crushed stone

Will watch “How it’s made” video about cement plant next meeting

4. Dock Operation

Applying dust suppressant on open face of fuel piles

Petcoke piles are covered with tarps

Maximum height of petcoke stockpiles is 10 m

Unloading vessels should be stopped with wind velocities over 40km/hr and from direction

of concern

Back up alarms in loaders were changed to white noise alarms to reduce noise complaints

5. Quarry Operation

a) General Quarry Operations

Producing mainly 1/4/5, switch to 2/3/5 at end of year

Overburden stripping, screening and stockpiling

Berm construction largely completed for 2018 year

Clay hauled as part of Port Hope Area Initiative to continue in fall

Screening overburden for plant use

b) Vibration Results

No ground or air vibration exceedances to date in 2018

20

8

6. Community Outreach

Camp Bucko

Courtice Family Concerts in the Park

Bowmanville Family Concerts in the Park

SeaCan and PPE to Clarington Fire Department

Their Opportunity

Durham Children’s Watershed Festival

7. June 18th Council Meeting

Several members of CRC present, presented by David Veenestra, Ernie Hamilton and Ruben

Plaza

Amy looked at how other groups present

Other groups also report annually

Agricultural Advisory Committee used two pages and most of the presentation was

verbal

Energy of Waste Management Chair and Co-Chair presented in December using a MS

PowerPoint presentation outlining:

Who came forward

Presentations

Tours

Events

Key points of discussion

Maybe schedule a conversation about how to present in future (timing and format)

Report to council could be more about committee activities rather than presentation

21

9

8. Other items

a) Technical Question: dust particulates

For measure of PPM, does size matter? What is measured?

Dust fall jars collect all dust for defined period of time

PM10 (all particles below 10 μm in size) is being measured, PM2.5 is also an option

PM2.5 is more suited to measuring particulate matter from combustion processes

PM10 includes but does not separately measure particles under 2.5 μm in size

PM10 monitoring started around 20+ years ago when the MOE indicated PM10 was a

voluntary measure

Monitoring schedule is on same calendar as rest of Ontario

Anecdotal about dust: concerns in community about plant and impact on health and belief

that this is not being monitored

Maybe ask Golder for an explanation of PM10 monitoring and program at plant

Councillors asked about this as well

What would be involved in monitoring PM2.5?

Generally dust is coarser from cement plants, PM10 of greater concern

PM2.5 would involve different monitors/instrumentation

Concern comes up in community discussion related to incinerator

b) Under the lake excavation

Notice sent out that this would not be pursued at this time

Rock was intended to be used for aggregate (concrete stone) and project was not driven by

need for rock for cement production but the rock could have (quality wise) been used for

cement production

c) Alternative Fuels

Demonstration trial starts week of October 1st

Stack and ambient air testing for several days before use of plastics/work/paper fibre,

condition of permit

3 days baseline, 3 days alternative fuels use then second baseline then wood (currently

being used)

Notice to be posted on website

Expect to see little-no change in emissions

Cement plant acts as massive scrubber with air passing over large amount of finely

ground rock before being emitted

Suppliers include U-pack (Ajax), Durham Disposal (Whitby), Canada Plastics (Durham)

Trucks will be coming from 401 and not expected to have major impact

All material is post recycling material (commercial waste, not residential)

Target is 30% thermal replacement – 12tph for 12 hours

Plastics similar to coal in thermal properties

Permit allows size reduction to occur on site but currently no processing of materials is

being done

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10

d) Tours

Open to arranging alternative fuels tour, blasting tour, plant tour

Just call before coming (need to arrange PPE, someone to guide)

Quarry activity continues in inclement weather (not overburden activity though)

e) Plant 50th Anniversary

2018 represents the 50th year since the cement plant opened in Bowmanville

9. 2018 CRC Meetings

December 4th @ 5pm

23

Anne Greentree Municipal Clerk Municipality of Clarington 40 Temperance Street, Bowmanville, ON L1C 3A6

Re: 10 Victoria Street, Bowmanville

I am Writing to request an amendment to the Interim Control By-Law 2018-083.

I would like to add the property located at 10 Victoria Street in Bowmanville to Section E for the construction of a new Semi-detached home.

I currently have a draft of the proposed building. The designed house currently meets all the criteria set out in Section 2F, With the exception of lot coverage which you ask for 35%. I am currently at 36.7%, this is something we can still play with to fit under the 35% should I be added to the list.

Thank you,

Barry Bolahood

905-243-6006

CC. Planning Services Department

24

MemoPlanning Services Department

The Corporation of the Municipality of Clarington 40 Temperance Street, Bowmanville ON L1C 3A6 | 905-623-3379

If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131

A request to amend Interim Control By-law 2018-083 has been submitted by Barry Bolahood and is identified as Item No. 10.1 in the Communications portion of the Agenda. He would like to construct a semi-detached home with apartment-in-house for each of the 2 units at 10 Victoria Street in Bowmanville. Section 2.a. to 2.e. of the Interim Control By-Law provided exemptions for a number of properties where staff were aware of development applications. The property at 10 Victoria Street was not identified as being exempt.

Mr. Bolahood has noted that he is able to develop the property in accordance with the regulations contained within Section 2.f. of By-law 2018-083. These provisions were drafted in a manner to prevent development of new dwellings to further negatively affect neighbourhood character. Mr. Bolahood also intends to add apartments-in-house in accordance with Section 1.d. of By-law 2018-083.

The property is designated Urban Residential within the Official Plan. It is located within the Liberty Street Local Corridor which has been identified for intensification. The Local Corridor supports a minimum gross density of 30 units per hectare and a minimum height of 2 storeys. Mr. Bolahood’s proposal can achieve these targets with the addition of the apartment-in-house.

As Mr.Bolahood has the ability to conform with the regulations contain in Section 2.f. of By-law 2018-083 while contributing to the Local Corridor, staff recommend the following:

That the request to amend Section 2.e. of Interim Control By-law 2018-083 to add 10 Victoria Street, submitted by Barry Bolahood, be approved.

That the Interim Control amending By-Law attached to this memo, be adopted.

To: Mayor and Members of Council Cc: CAO and Department Heads From: Michael Seaman, Director of Planning Services Date: March 5, 2019 Subject: Resolution regarding Interim Control By-law 2018-083 File No: PLN 8.6.7

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Page | 2

Sincerely,

Per: Michael Seaman Director of Planning Services /jp

Attachments

I:\^Department\PLN Files\PLN 8 Other By-laws\PLN 8.6 Interim Control By-law\PLN 8.6.7 Elgin_Memorial_Central\ICBL 2018-083\Amendments\MEMO_MMC_ICBL_10 Victoria Street_March 5'2019.docx

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I:\^Department\PLN Files\PLN 8 Other By-laws\PLN 8.6 Interim Control By-law\PLN 8.6.7 Elgin_Memorial_Central\ICBL 2018-083\Amendments\Amending By-law.docx

Corporation of the Municipality of Clarington

By-law Number 20___-______

being a By-law to amend Interim Control By-law 2018-083

Whereas the Council of the Corporation of the Municipality of Clarington deems it

advisable to amend By-law 2018-083;

Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of

Clarington enacts as follows:

1. Section 2. e. is revised by adding the following:

iv) 10 Victoria Street

3. This By-law shall come into effect on the date of its passage.

By-Law passed in open session this _____ day of ____________, 20___

__________________________ Adrian Foster, Mayor

__________________________ C. Anne Greentree, Municipal Clerk

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Planning Services Public Meeting Report


Report To: Planning and Development Committee

Date of Meeting: March 11, 2019

Report Number: PSD-016-19 Resolution:

File Number: S-C-2018-0001 & ZBA2018-0027 By-law Number:

Report Subject: Applications by Aspen Gardens Ltd. (Kaitlin) for a Draft Plan of Subdivision and Zoning By-law amendment to permit a 136-unit residential subdivision at the northwest corner of Baseline Road and Green Road, Bowmanville

Recommendations: 1. That Report PSD-016-19 be received;

2. That the application for a proposed Draft Plan of Subdivision and the application toamend Zoning By-law 84-63, submitted by Aspen Gardens Ltd. (Kaitlin) for thedevelopment of a 136-unit plan of subdivision continue to be processed and that asubsequent report be prepared; and

3. That all interested parties listed in Report PSD-016-19 and any delegations beadvised of Council's decision.

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Municipality of Clarington Report PSD-016-19 Page 2

Report Overview This is a public meeting report to provide an overview of the applications by Aspen Gardens Ltd. (Kaitlin) on a 4 hectare parcel at the northwest corner of Baseline Road and Green Road in Bowmanville. The proposed draft plan of subdivision would create 136 residential units, consisting of 21 single detached dwellings, 6 semi-detached dwellings (12 units) and a townhouse block (up to 103 units), an Open Space Block, and the extension of Buttonshaw Street to Green Road. The rezoning application proposes to place these lands in appropriate zones to permit the requested development.

1. Application Details1.1 Owner/Applicant: Aspen Gardens Ltd.

1.2 Agent: D.G. Biddle & Associates Ltd.

1.3 Proposal: Proposed Draft Plan of Subdivision

The proposed Draft Plan of Subdivision would create 136 residential units, consisting of 21 single detached dwellings, 6 semi-detached dwellings (12 units) and a townhouse block (up to 103 units), an Open Space Block, and the extension of Buttonshaw Street.

Proposed Zoning By-law Amendment

To rezone the lands from the “Agricultural (A) Zone” to appropriate zones that would permit the proposed residential units.

1.4 Area: 4 hectares

1.5 Location: Northwest corner of Baseline Road and Green Road, Bowmanville (Part of Lot 17, Concession 1, Former Township of Darlington)

1.6 Roll Number: 1817 010 020 18200

1.7 Within Built Boundary: Yes

2. Background2.1 The applications were originally received on February 5, 2018 however they remained

incomplete until all items were received on December 20, 2018, the applications were circulated for comments on January 16, 2019 to applicable staff and agencies.

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Figure 1: Key Map

2.2 The applicant hosted a Public Information Centre at The Church of Jesus Christ of Latter Day Saints on February 28, 2019. Staff from Clarington Engineering Services and Planning Services were in attendance. Five area residents attended the drop-in session.

2.3 The following studies and reports were submitted in support of the application and are currently under review:

• Phase I Environmental Site Assessment• Functional Servicing Report• Storm Water Management Report• Traffic Impact Study• Noise Study

• Environmental Impact Study (includingBreeding Bird Survey)

• Urban Design Plan• Archaeological Assessment

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3. Land Characteristics and Surrounding Uses3.1 The subject lands are currently vacant. The site has a significant amount of variation in

grade. The site is over 15 metres (50 feet) higher at the west end of the property, in comparison to the lowest point at the northeast corner at Green Road. A portion of the property is vegetated and identified as part of the Natural Heritage System.

3.2 The surrounding uses are as follows:

North - Existing residential dwellings

South - Lots of record including a residence on the south side of Baseline Road – lands designated Urban Residential and Environmental Protection.

East - Existing residential dwellings

West - Open Space lands part of a Draft Approved Plan of Subdivision (S-C-2014-0002)

4. Provincial PolicyProvincial Policy Statement

4.1 The Provincial Policy Statement identifies settlement areas as the focus of growth. Land use patterns shall be based on densities and a mix of land uses that efficiently use land, resources and infrastructure.

4.2. Opportunities for redevelopment and intensification must be promoted. Municipalities must provide a variety of housing types and densities, and a range of housing options that are affordable to the area residents.

4.3 Healthy and active communities should be promoted by planning public streets to be safe, meet the needs of pedestrians, foster social interaction and facilitate active transportation and community connectivity. Compact and diverse developments promote active modes of transportation such as walking and cycling.

Provincial Growth Plan

4.4 The subject lands are within the defined Built Boundary of Bowmanville.

4.5 Growth is to be accommodated by directing a significant portion of new growth to the built up areas through intensification and efficient use of existing services and infrastructure. A minimum of 40 percent of all residential development occurring annually within each upper tier municipality will be within the built up area.

4.6 The development of complete communities is encouraged by promoting a diverse mix of land uses, a mix of employment and housing types, high quality public open space and easy access to local stores and services. New transit-supportive and pedestrian-friendly developments will be concentrated along existing and future transit routes.

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5. Official Plans Durham Regional Official Plan

5.1 The Durham Region Official Plan designates the subject lands Living Areas. Living Areas permit the development of communities incorporating the widest possible variety of housing types, sizes and tenure to provide living accommodations that address various socio-economic factors.

5.2 Development applications in Living Areas must consider having a compact built form, including providing intensive residential and mixed uses along arterial road and transit routes. Consideration must also be given to urban design, pedestrian connections, grid pattern of roads, and the availability of services and infrastructure.

5.3 A minimum of 40 percent of all residential development is to occur annually through intensification within built-up areas

5.4 The site is located at the intersection of Green Road, Type B Arterial Road, and Baseline Road, Type A Arterial Road, in the Region of Durham Official Plan.

5.5 The Region of Durham Official Plan identifies Key Natural Heritage and Hydrologic Features at the southwestern section of the subject lands. Development or site alteration is not permitted in Key Natural Heritage and Hydrologic Features, including any associated vegetation protection zone, as determined through an Environmental Impact Study.

Clarington Official Plan

5.6 The Clarington Official Plan designates the subject lands Urban Residential and Environmental Protection Area. The Urban Residential designation is predominately intended for housing purposes.

5.7 At the edge of neighbourhoods and adjacent to arterial roads, ground-related units are permitted with heights between 1 and 3 storeys at a minimum density of 19 units per hectare. Permitted uses include limited apartments, townhouses, single and semi-detached units.

5.8 Internal to neighbourhoods, ground-related units are permitted with heights between 1 and 3 storeys at a minimum density of 13 units per hectare. Permitted uses include limited townhouses, single and semi-detached units.

5.9 The Municipality will achieve a target of at least 32% of all new residential units within the Built-up Area up to the year 2021.

5.10 Multi-unit residential condominium developments must have multiple accesses to the public streets networks without reliance on access easements. The size of multi-unit blocks shall generally not exceed 50 units per block.

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5.11 Natural Heritage Features are also identified and mapped on the subject lands. This area is designated Environmental Protection Area. The natural heritage system is to be protected and enhanced for the long term to promote responsible stewardship and provide sustainable environmental, economic and social benefits. Studies will determine the appropriate development limit and buffers in accordance with the Official Plan. The policies require an Environmental Impact Study to be submitted in support of development, to determine the extent of the feature and appropriate buffer limits, with a minimum buffer of 15 metres.

6. Zoning By-law 6.1 Zoning By-law 84-63 zones the subject lands Agricultural (A) Zone and a rezoning is

required to permit the requested residential uses.

7. Public Notice and Submissions 7.1 A combined Notice of the Public Meeting and Public Information Centre was mailed on

February 13, 2019 to residents within 120 metres.

7.2 Public Meeting signs were installed on site, and meeting details were posted on the municipal website and in the Planning Services Department E-update.

7.3 The Public Information Centre held on February 28, 2019 provided area residents with additional information regarding the project. Generally, area residents that attended did not have significant concerns or objections, and appreciated the new road connection to Green Road.

7.4 At the time of writing this report, six individuals have registered as interested parties. Issues raised by area residents at the Public Information Centre or by contacting staff include:

• Construction impacts: safety, noise, dust, truck traffic

• Increased traffic along Green Road

• Pedestrian safety

• Unit design

• School overcrowding

• Alteration of grades and impact on the drumlin

8. Agency Comments Regional Municipality of Durham

8.1 Comments from Durham Region Planning or Regional Works Departments have not been received at the time of finalizing this report but will be included in a subsequent report.

33


Central Lake Ontario Conservation Authority

8.2 Comments from the Central Lake Ontario Conservation Authority have not been received at the time of finalizing this report but will be included in a subsequent report.

Durham Regional Police Service

8.3 The communications section of Durham Regional Police Service has no objections.

Durham Region Transit

8.4 Durham Region Transit has no objections.

Enbridge Gas

8.5 Enbridge Gas has no objections.

9. Departmental Comments Engineering Services

9.1 The Engineering Services Department continues to review the applications and supporting documents, especially as it relates to grading and drainage.

Emergency and Fire Services

9.2 The Emergency and Fire Services Department has no objections to the proposed submission and rezoning, and has provided site plan comments relating to the fire route within the townhouse block.

Accessibility Committee

9.3 The Committee recommends that the applicant provide units, parking areas and amenity spaces that are accessible. A number of comments relating to site plan design will be forwarded to the applicant to consider when preparing site plan drawings for the townhouse block.

Building Division

9.4 The Building Division provided no objections to the subject applications.

Operations Department

9.5 Operations Department provided comments relating to the protection of roads during the construction period, and load restrictions March 1st and May 1st each year. All future maintenance of the adjacent sidewalks and grass boulevards are the responsibility of the applicant including snow removal.

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9.6 The department requests additional details for all new public infrastructure. Quantities are necessary to determine future impacts on existing municipal staffing resources and to estimate maintenance costs. In addition to the total length and width of new roadway the proposal must also include length of curb, length of sidewalk, length of storm sewer, number of catch basins, areas of grassed boulevard and/or proposed plantings, number of boulevard street trees, number of streetlights, etc.

Kawartha Pine Ridge District School Board

9.7 The School Board provided the following comments:

• If school buses are required within the subdivision, pick up points will generally be located on the through street;

• Pedestrian routes for students must be provided within the plan and the route should be signed at the start and end of the route.

9.8 The Board will require a copy of the proposed plan and details for the pedestrian route prior to clearing conditions and the Subdivision Agreement will reflect these proposed plans and details.

10. Discussion 10.1 This site is at the edge of the Darlington Green neighbourhood, at the intersection of two

arterial roads.

10.2 The proposed subdivision would result in a net density of 40 units per hectare. While this density would generally comply with the targets of the Official Plan, Staff are concerned with the overall number of units proposed. Unit yields may likely reduce given concerns regarding grading, site design and protection of the natural environment.

10.3 The extension of Buttonshaw Street through the subject lands will allow for the storm sewer servicing of the lands to the northwest (S-C-2014-0002) and will also provide a vehicular connection to Green Road. This connection to Green Road will allow better distribution throughout the neighbourhood versus directing traffic from new development north to Remmington Street and McBride Avenue.

10.4 The major issues to be resolved include:

• Grading: Staff will require a further analysis of grading and site alteration proposed for the site. The design of units must be sensitive to existing grading and the unique topography of the drumlin that remains. The design must also minimize the amount of fill entering and/or leaving the site. The final design must reduce the amount and height of retaining walls (preliminary plans indicate retaining walls approximately 10 metres in height).

• Density & Built Form: Providing the appropriate mix and distribution of lots sizes and unit types;

• Site Design: Complying with the Official Plan direction to limit townhouse block size to a maximum of 50 units;

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• Environmental Protection: Correctly delineating the natural heritage features and providing the buffers as required by the Clarington Official Plan.

11. Concurrence Not Applicable.

12. Conclusion The purpose of this report is to provide background information on the proposed Draft Plan of Subdivision and Rezoning submitted by Aspen Gardens Ltd. (Kaitlin) for the Public Meeting under the Planning Act. Staff will continue processing the application including the preparation of a subsequent report upon resolution of the identified issues.

Submitted by: Reviewed by: Michael Seaman, MCIP, RPP Andrew C. Allison, B.Comm, LL.B

Director of Planning Services Chief Administrative Officer

Staff Contact: Anne Taylor Scott, Senior Planner, 905-623-3379 ext. 2414 or [email protected]

The following is a list of the interested parties to be notified of Council’s decision:

Enzo Bertucci Michael Fry Jerami Haden D. Stewart Heather & Paul Morton Jackie Nixon Tendai Applah Lee-Ann Herbert John Colville

ATS/CP/nl

36

Planning Services

Report


Report To: Planning and Development Committee

Date of Meeting: March 11, 2019

Report Number: PSD-017-19 Resolution:

File Number: PLN 12.12 By-law Number:

Report Subject: Cannabis Retail Stores Siting Policy

Recommendations:

1. That Report PSD-017-19 be received;

2. That the draft Municipal Cannabis Retail Store siting policy (Attachment 1 to Report PSD-017-19) be approved; and

3. That any interested parties be notified of Council’s decision.

37

Municipality of Clarington Page 2 Report PSD-017-19

1. Background 1.1 On January 15, 2019 Clarington Council approved Resolution #C-016-19, which permits

cannabis retail stores in the Municipality of Clarington. That Resolution also directs staff to draft a Municipal Cannabis Retail Store siting policy for Council’s approval.

1.2 The primary purpose of the siting policy is to provide direction to municipal staff when reviewing individual applications for retail cannabis stores in Clarington and preparing written submissions to the Alcohol and Gaming Commission of Ontario (AGCO).

1.3 The siting policy will also assist prospective cannabis retailers in identifying appropriate locations for cannabis retail stores in the Municipality.

2. Scope of Siting policy 2.1 The Cannabis License Act, 2018 and O. Reg. 468/18 provide municipalities the

opportunity to provide written submissions in response to a proposed cannabis retail store. A municipality has fifteen days to provide comments, once AGCO has posted an application for a new store on their website.

2.2 O. Reg. 468/18 clearly states the AGCO will only consider written submissions that address the public interest, which is defined as follows:

1. Protecting public health and safety; 2. Protecting youth and their access to cannabis; and 3. Preventing illegal cannabis activities.

2.3 The draft recommended Municipal Cannabis Retail Store Siting policy has been developed based on the recommended draft statement developed by AMO, plus review of the legislation, planning principles, and municipal staff input. Draft statements of other municipalities have also been taken into consideration.

3. Existing Regulations and Standards 3.1 The Cannabis License Act, its associated Regulations, and the AGCO’s Standards

provide some regulations for cannabis retail stores.

Report Overview This Report provides general information on the staff recommended Municipal Cannabis Retail Store siting policy for Council’s review and adoption, in support of Council’s decision of January 15, 2019 to “Opt In”.

38

https://www.ontario.ca/laws/statute/18c12

https://www.ontario.ca/laws/regulation/180468


3.2 Subsection 20(1) of O. Reg. 468/18 states that licensees must ensure that no individual who appears to be under 25 years of age is permitted to enter the cannabis retail store unless they can produce photo ID. No one under the age of 19 is permitted in a cannabis retail store.

3.3 The Cannabis License Act, 2018 and O. Reg. 468/18 provide the AGCO with the authority to establish standards and requirements. These have been published as the “Registrar’s Standards for Cannabis Retail Stores.” These Standards are the regulations and requirements cannabis retail store licensees are required to adhere to. There are strict store requirements in place for advertising, visibility of product, and access to the product. Highlights of the Registrar’s Standards include:

• Stores must have a secure, high resolution surveillance system and cannabis must be securely stored at all times;

• Cannabis and accessories are prohibited from being visible from the exterior of the premises;

• Licensees must take reasonable measures to ensure patrons are not purchasing cannabis or accessories for minors;

• The exterior signage of stores must not communicate information about cannabis, appeal to young persons, or promote cannabis in a positive manner; and

• Licensees may only promote cannabis within the store, and promotion is limited to factual information (e.g. price and availability).

4. Correspondence 4.1 The Municipality has received correspondence from Municipal Solutions with a wording

request for zoning or licensing (attachment 2). They request that preference be given to cannabis retail stores “that have a Health Canada approved medicinal cannabis health clinic with a medical practitioner on site”.

4.2 The Municipality is prohibited from regulating cannabis retail stores through zoning or licensing and thus unable to satisfy this request. As well, during the 15-day notification period, staff would be unable to determine if a proposed cannabis retail store would have a health clinic or medical practitioner on site.

4.3 The Municipality has received correspondence from the Peterborough, Victoria, Northumberland, and Clarington Catholic District School Board (attachment 3). Their letter expresses concern that the AGCO’s 150 metre minimum setback from schools is too close, and requests the Municipality implement a distance of 500 metres. Their concern is related to the perception that there is nothing preventing students from gathering near these stores or students recruiting adults to make purchases on their behalf.

39

https://www.agco.ca/content/registrars-standards-cannabis-retail-stores


4.4 The Municipality is prohibited from regulating cannabis retail stores through zoning and is thus unable implement a greater distance from schools. Furthermore, the AGCO has indicated that they will not consider greater minimum distances to schools as they have decided 150 metres is sufficient in light of other measures to ensure youth are not exposed to cannabis. Nuisance by-laws (such as By-law 2011-099) can be used to disperse students if they are found gathering around cannabis retail stores. As noted above, the Registrar’s Standards include the requirement that licensees must take measures to ensure patrons are not purchasing for youths. It should also be emphasized that persons under 19 are not only prohibited from purchasing cannabis, but are prohibited from even entering cannabis retail stores.

4.5 The Municipality received a letter from Dr. Robert Kyle, Commissioner & Medical Officer of Health, in which he expresses numerous concerns about cannabis use in general (attachment 4). Dr. Kyle’s letter lists a great number and variety of uses that he feels should have minimum setbacks from cannabis retail stores.

4.6 As noted, municipalities are prohibited from zoning cannabis retail stores, meaning the Municipality cannot impose setbacks. However, some of the uses Dr. Kyle lists fall within the defined “public interest” and are addressed in the Siting policy (e.g. discouraging cannabis retail stores nearby properties designed to serve youth).

5. Concurrence This report has been reviewed by the Municipal Clerk and Municipal Solicitor who concur with the recommendations.

6. Conclusion In support of Council’s decision to “opt in” and allow for cannabis retail sales within the Municipality of Clarington, the draft Municipal Cannabis Retail Store siting policy (attachment 1) is recommended to Council for adoption. The draft Policy contemplates the legislative restrictions, planning principles, the health and safety of our community, the need for limiting access to cannabis for our youth, and the desire to mitigate illegal cannabis activities.

40


Submitted by: Reviewed by: Michael Seamen, MCIP, RPP, Andrew C. Allison, B. Comm, LL.B Director of Planning Services CAO

Staff Contact: Mark F. Jull, Planner 1, 905-623-3379 x2426 or [email protected]

Attachments:

Attachment 1 – Municipal Cannabis Retail Store Siting policy Attachment 2 – Correspondence from Municipal Solutions Attachment 3 – Correspondence from Peterborough, Victoria, Northumberland, and Clarington Catholic District School Board Attachment 4 – Correspondence from Dr. Robert Kyle A list of interested parties is available in the Planning Services Department. \\Netapp5\Group\Planning\^Department\PLN Files\PLN 12 Commercial\PLN 12.12 Cannabis Retail Stores\Staff Reports\PSD-017-19\PSD-017-19.Docx

41

Attachment 1 to Report PSD-017-19

Policy # - Cannabis Retail Stores Page 1 of 4

Municipal Cannabis Retail Store Siting Policy March 18, 2019

On January 15, 2019 Clarington Council approved Resolution #C-016-19, which permits cannabis retail stores in the Municipality of Clarington. That Resolution also directed staff to draft a Municipal Cannabis Retail Store siting policy for Council’s approval.

1 Purpose The purpose of this siting policy is to provide direction to municipal staff when preparing written submissions to the Alcohol and Gaming Commission of Ontario (AGCO) if a cannabis retail store is proposed to be located within the Municipality of Clarington.

This siting policy will also assist prospective recreational cannabis retailers in identifying appropriate locations for cannabis retail stores in the Municipality.

2 Background and Context Clarington has chosen to allow cannabis retail stores within the Municipality.

The AGCO is the provincial authority that licenses cannabis retail operators, authorizes cannabis retail locations, and licenses senior store staff. Municipal governments have no licensing authority. Municipal governments are prohibited from passing a by-law for the purpose of regulating cannabis retail stores any differently than other retail stores.

The AGCO regulates and reviews all aspects of the retail operation including municipal and public input, and that the proposed store location is consistent with the public interest as defined in the regulations.

The AGCO will not directly inform the Municipality of an application for a cannabis retail store, but will post a notice on the AGCO’s website. The AGCO will consider written submissions from the Municipality for a period of 15 days after the application notice has been posted.

Only written submissions that address the public interest (as defined) will be considered by the AGCO.

The public interest is defined as:

1. Protecting public health and safety 2. Protecting youth and their access to cannabis 3. Preventing illegal cannabis activities

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The following provides municipal staff with guidance when preparing written comments to be submitted to the AGCO when a cannabis retail store is proposed in the Municipality.

3 Definitions Cannabis Retail Store: A store licensed by the Alcohol and Gaming Commission of Ontario to sell cannabis.

4 Principles for Cannabis Retail Store Locations

4.1 Relationship to Other Applicable Law Land Use Planning: The provincial licensing process does not remove the requirement to comply with the zoning by-law and other municipal planning documents. The definitions within the municipality’s Official Plan and Zoning By-law are applicable to all retail, including cannabis retail stores. Retail sale of cannabis from a provincially licensed store is legal and the Municipality permits cannabis retail stores where retail uses are permitted, subject to the policy directions outlined in this Cannabis Retail Siting policy.

Municipal Building Inspections: While the licensing of the store operation is the responsibility of the AGCO, the Building Code applies to cannabis retail store locations. Therefore, where a building permit is required, the Municipal Building Inspector will undertake duties as usual. Ontario Fire Code compliance is also mandatory.

4.2 Permitted Zones Subject to the policy directions outlined in this Cannabis Retail Store Siting policy and the respective Zoning By-laws’ regulations, cannabis retail stores are permitted where Zoning By-law 84-63 permits a “Retail Commercial Establishment” or a “Retail Store.” These zones include but are not limited to:

• C1 (including all C1 exception zones that permit a “Retail Commercial Establishment”);

• C3 (including all C3 exception zones that permit a “Retail Store”); • C8 (including all C8 exception zones that permit a “Commercial/Retail

Establishment); and • C9 (including all C9 exception zones that permit a “Commercial/Retail

Establishment).

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4.3 Discouraged Zones The Municipality discourages cannabis retail stores in buildings or neighbourhoods where the primary use is residential but commercial uses are permitted.

The discouraged zones include but are not limited to the following zones in Zoning By-law 84-63:

• Neighbourhood Commercial (C2) Zone (including all C2 exception zones); and • Mixed-Use (MU) Zones which permit buildings containing apartments dwellings

and at least one non-residential use (usually on the main floor).

The discouraged zones include but are not limited to the following zone in Zoning By-law 2005-109:

• Neighbourhood Commercial (C6).

4.4 Cannabis Retail Stores and Sensitive Uses Only written submissions that address the public interest (as defined) will be considered by the AGCO.

The public interest is defined as:

1. Protecting public health and safety 2. Protecting youth and their access to cannabis 3. Preventing illegal cannabis activities

4.5 Protecting Public Health and Safety In order to help protect public health and safety, a cannabis retail store should not be located within 150 metres of the following:

• Other cannabis retail stores, which helps to protect public health and safety by encouraging a diversity of uses in commercial areas and by dispersing stores which may lend themselves to smoking or consumption within the immediate vicinity of the stores; and

• Residences of the most vulnerable people in the community, which include addiction treatment centres and community based residential facilities (halfway houses).

44


4.6 Protecting Youth and their Access to Cannabis In order to protect youth and restrict their access to cannabis, Section 11 of O. Reg. 468/18 prohibits the AGCO from permitting a cannabis retail store within 150 metres of a school.

For the same reasons, the Municipality discourages cannabis retail stores from properties within 150 metres of uses designed to serve youth.

These uses include:

• Libraries and recreation facilities that provide services for youths and families; • Parkland designed for youth; • Municipally operated drop-in centres for youth, including but not limited to:

o The Firehouse Youth Centre (132 Church); o The Loft (1595 Prestonvale); and o The Newcastle Youth Centre (1780 Rudell).

4.7 Preventing Illegal Cannabis Activities An express purpose of legalizing cannabis is to displace the illegal cannabis market. To assist in preventing illegal cannabis activities, cannabis retail stores are encouraged to adhere to the following general principles to help ensure equity of access to legal cannabis:

• Be located in different commercial areas of the Municipality; • Be located in the Municipality’s “Gateway Commercial Centres” and “Urban and

Village Centres” as defined in the Official Plan; and • Be accessible by transit and active transportation.

45

1

From: John Mutton [mailto:[email protected]] Sent: December‐07‐18 4:09 PM Subject: Correspondence for the Council Agenda

Mayor and Members of Council,

On behalf of Cannapiece Corporation, the industry leader in health and regulatory compliance in the cannabis sector, we would respectfully ask Council to refer our zoning/licensing bylaw request to staff if Council chooses to "opt in" to recreational cannabis sales in your municipality.

Based on our expertise across North America, we would like to offer the following suggested wording to ensure that the recreational cannabis dispensaries have the highest compliance level, both for health and security of the patients/clients and the public.

We would request that "Preference be given to those recreational cannabis dispensaries that have a Health Canada approved medicinal cannabis health clinic with a medical practitioner on site"

Best Regards,

-- John Mutton | President and Chief Executive Officer

Municipal Solutions - Energy and Infrastructure

Cell: 905-441-0791

Municipal Solutions Energy and Infrastructure, LLC

USA | Canada

www.municipalsolutions.ca

Attachment 2 to Report PSD-017-19Municipality of Clarington

46

l'[H!l L. ROACH

CATHOLIC EDUCATION

CENTRE

December 18, 2018

The Honourable Lisa M. Thompson, Minister of Education Mowat Block, 22nd Floor 900 Bay Street

Toronto, Ontario M7 A 1 L2

The Honourable Caroline Mulroney Attorney General McMurtry-Scott Building 720 Bay Street, 11th Floor Toronto, ON M7A 2S9

VISION

Achieving Excellence in Catholic Education

LEARN • LEAD • SERVE

MUNICIPALITY OF CIARINGTON MAYOR'S OFFICE

Dear Minister Thompson and Minister Mulroney:

We are writing on behalf of the Peterborough Victoria Northumberland and Clarington

Catholic District School Board to express our concern over the decision to establish a minimum distance of 150 metres between the proposed Cannabis Stores and schools operated by district school boards. In short, ii is our firm conviction that this distance is much too close. It puts these stores in close proximity to young students, and while

there are rules in place to restrict access to the stores to adults over the age of 19, there are no safeguards to prevent or even discourage the gathering of students near those stores and the potential recruitment of adults to make purchases on their behalf, or to discourage the sale of cannabis to young people.

The use of cannabis by young people has been proven to be destructive. The brain development of a young person is not complete until the early twenties, and cannabis use has been shown to have adverse effects both on development and on the mental health of young people.

We strongly encourage that your government reconsider this decision and implement a safer, minimum distance of 500 metres.

We appreciate your attention to this matter and look forward to a response at your earliest convenience.

With kind regards,

Michelle Griepsma

Chairperson

.. ./2

Michael Nasello

Director of Education

U.55 1..ANSDOWNF STRI FT WEST • PH[RIIOROUGH • ONTARIO • K')J 7,\.U • TU.: 17()5) 74fl"48hl • fAX: (705l 748·'JTl4 • 1"80{)·461·8009

\-VU\ SITE: www .pv11cctbh.0n.1..·r1


Municipality of Clarington

47

48

If you require this information in an accessible format, please contact the Durham Health Connection Line at 1-800-841-2729.

The Regional Municipality of Durham Health Department

605 ROSSLAND RD. E. LEVEL 2 PO BOX 623 WHITBY, ON L1N 6A3 CANADA 905-668-77111-800-372-1102durham.ca

Dr. Robert Kyle Commissioner & Medical Officer of Health

Interoffice Memorandum Date: October 24, 2018

To: Brian Bridgeman, Commissioner of Planning & Economic Development

From: Dr. Robert Kyle, Commissioner & Medical Officer of Health

Subject: Bill 36 and Suggested Setbacks for Cannabis Retail Store Locations

On October 17, 2018, Bill 36, the Cannabis Statute Law Amendment Act, 2018, received Royal Assent. The Bill amends various Acts and enacts one new Act in relation to the use and sale in Ontario of cannabis and of vapour products.

As you may know, cannabis use carries significant health risks, especially if used frequently and/or use begins at an early age (CAMH, 2014). When used frequently, cannabis is associated with increased risk of problems with cognitive and psychomotor functioning, respiratory problems, cancer, dependence, and mental health problems including anxiety, depression and schizophrenia.

There is little evidence that illustrates safe recreational cannabis use for individuals and communities. It is very difficult to tighten regulations once in place. It is best to take an approach that aims to prevent future harms, rather than adding regulations later. Efforts should be made to maximize benefits while minimizing harms, promoting health and reducing inequities for individuals, communities and societies (CCSA, 2015; Council of CMOHs of Canada 2016).

Kids are vulnerable to negative long-term effects of cannabis use, since their brains are still developing. Use of cannabis before age 25 can cause long-term problems with attention span, memory, problem-solving and emotional control (CCSA, 2015).


Municipality of Clarington

49


The protection of our kids is paramount and should be as important, if not more so, than the economic interests of cannabis and vapour product retailers and suppliers.

A municipality may pass a resolution by January 22, 2019, prohibiting cannabis retail stores from being located in the municipality. Such a prohibition may be lifted by a later resolution passed by the municipality, but a municipality’s decision to do so is final and may not be further reversed.

For municipalities that do not prohibit cannabis retail stores, the Registrar of the Alcohol, Cannabis and Gaming Commission of Ontario shall give notice of an application for a retail store: • by displaying a notice at the location of the proposed cannabis

retail store;• by posting a notice on the commission’s website; and• in any other manner the Registrar considers appropriate

Notice shall include a request for the municipality, its residents and, if the municipality is a lower-tier municipality, the upper-tier municipality of which it forms a part, to make written submission to the Registrar, which must be made no later than 15 days after the notice is first given, as to whether the issuance of the retail store authorization is in the public interest, having regard to the needs and wishes of the residents.

The Registrar shall refuse to issue a retail store authorization if the proposed cannabis retail store would be located less than the distance specified by or determined in accordance with the regulations from a school, as defined in the Education Act.

Municipalities have the opportunity to influence location, setbacks and density thresholds of cannabis retail stores, through the Registrar’s notice of application written submission process.

The following setbacks and density measures related to cannabis retailers, ought to be considered: • Child care centres• Post-secondary schools• Elementary and secondary schools• Beer and LCBO stores• Tobacco and vaping product retailers• Gaming facilities, such as Great Blue Heron Casino in Scugog and

Ajax Downs

50


• Healthcare facilities, such as hospitals and mental health and additionservices

• Long-term care homes• Recreation centres• Arcades, amusement parks, and other places where children and

youth congregates• High priority neighbourhoods where there is a higher degree of

crime or higher socioeconomic disparity. The Health Department’sHealth Neighbourhoods information can be found here:https://www.durham.ca/en/health-and-wellness/health-neighbourhoods.aspx

• Separation distances between sites to control cannabis retaildensity

We would appreciate it if you would convey this advice to your lower-tier counterparts if and when they plan to make written submissions as regards notices of applications of cannabis retail store authorizations in their respective municipalities.

Respectfully submitted,

Dr. Robert Kyle

R.J. Kyle, BSc, MD, MHSc, CCFP, FRCPC, FACPM Commissioner & Medical Officer of Health

51

https://www.durham.ca/en/health-and-wellness/health-neighbourhoods.aspx

https://www.durham.ca/en/health-and-wellness/health-neighbourhoods.aspx

Memo

Planning Services Department

The Corporation of the Municipality of Clarington 40 Temperance Street, Bowmanville ON L1C 3A6 | 905-623-3379

If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131

This memorandum is in response to a request from Regional Councillor Neal with respect to Region of Durham requirements for waste pick up in multi-unit residential developments. In response to the request, Staff have drafted the following resolution be recommended to Council by Committee.

Whereas the Region of Durham provides residential waste collection to the residents of Clarington.

Whereas the Municipality of Clarington recognizes the importance of providing consistent waste collection for all residents, regardless of dwelling type to achieve best use of the Blue Box and Green Bin programs.

Whereas to achieve this, the Municipality of Clarington encourages all applicants of multi-unit residential development to comply with the Region of Durham by-law and regulations for Waste Management Services.

Whereas the Region of Durham By-Law 46-2011 is a By-law regulating the provision of the Waste Management Services under the jurisdiction of The Regional Municipality of Durham. Schedule “P” to the By-law requires all private roads in multi-residential developments used by Regional Waste vehicles be a minimum of 6.5 metres in width and provide a minimum of 13 metres in turning radii.

Whereas the Region of Durham Works Department staff is proposing to review existing policies and by-laws related to the provision of waste collection services, including on multi-residential developments.

Now therefore, the Municipality of Clarington requests that part of the review by Regional Works and Planning Staff be the consideration of reducing minimum private road width and turning radii requirements to match those of the Ontario Fire Code for fire truck access on private roads, 6.0 m and 12 metres respectively.

To: Mayor and Members of Council From: Carlo Pellarin, Manager Development Review Date: March 8, 2019 Subject: Regional Waste Pick-up for Residential Development with Private Roads File: PLN 31.24

Page | 2

Yours truly,

Carlo Pellarin Manager, Development Review Planning Services Department I:\^Department\PLN Files\PLN 31 Urban Design\PLN31.24 Waste Management Service Guidelines\MEMO_MMC_ROD Waste Pickup_Resid Private Rds_March'8'19.docx

Presentations and Handouts

Application By:

Aspen Gardens Ltd. (Kaitlin)

Proposed Draft Plan of Subdivision and Rezoning to permit a 136-unit Residential Subdivision(Northwest corner of Baseline Road and Green Road, Bowmanville)

Public Meeting: March 11, 2019

Clarington Planning Services Department

Existing Conditions & Policy Framework

Public Comments• Construction impacts: safety, noise, dust,

truck traffic• Increased traffic along Green Road• Pedestrian safety

• Unit design• School overcrowding• Alteration of grades & impact on the

drumlin

Major Issues to resolve:

• Grading• Density and Built Form

• Site Design• Protection of Features

Documents

Planning and Development Committee Agenda · If you make a delegation or presentation at a General Government Committee meeting, the Municipality will be audio recording you and will