Agenda Alternative formats available upon request by contacting: or ext. 115

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1 The Corporation of the Township of Scugog Planning and Community Affairs Committee Monday, September 17, 2018 Open Session at 6:30PM Council Chambers, Municipal Building 181 Perry Street, Port Perry Agenda Alternative formats available upon request by contacting: or ext. 115 Anything in blue denotes an attachment/link. By clicking the links on the agenda page, you can jump directly to that section of the agenda. To manoeuver back to the agenda page use the Ctrl + Home keys simultaneously or use the bookmark icon to the left of your screen to navigate from one report to the next. 1. Call to Order 2. Disclosure of Pecuniary Interest and Nature Thereof in Closed Session 3. Closed Session 4. Call Open Session to Order and Moment of Silence 5. Matters from Closed Session 6. Disclosure of Pecuniary Interest and Nature Thereof 7. Announcements from Council and Staff 8. Adoption of Minutes of Previous Meeting 8.1 Planning and Community Affairs Meeting June 18, 2018 pg Public Meeting 9.1 Statutory Public Meeting Zoning By-Law Amendment Application Z/02/2018 and S-S Chieftain Development Corp Union Avenue To permit 28 single detached dwellings, 5 part lots and a park Information Report (refer to Item 11.1, Staff Report DEV , page 16) 9.2 Statutory Public Meeting Zoning By-Law Amendment Application Z/03/2018 & S-S Oxnard - Portion of Legion lands on Balsam Street To permit 18 semi-detached dwellings Information Report (refer to Item 11.2, Staff Report DEV , page 32)

2 10. Presentations and Delegations 10.1 Rob Vertolli, Planning Technician Cannabis Strategy Background Report (refer to Item 11.4, Staff Report DEV , page 51) 10.2 Crystal King, Chair Katrina Wotten, Board Cartwright Sports and Recreation Inc. pg Reports 11.1 DEV Zoning By-Law Amendment Application Z/02/2018 Plan of Subdivision Application S-S Chieftan Development Corporation 234 Union Avenue, Port Perry (Part Lot A, Plan 77 and Part Lot 18, Concession 5), Ward 2 - Information Report Diane Knutson, Planning Technician pg DEV Zoning By-Law Amendment Application Z/03/2018 Plan of Subdivision Application S-S Oxnard Port Perry Inc. Vacant land on the north side of Balsam Street, Port Perry (Part Lot 17, Concession 6, Part Block A, Lots 16-20, Plan 771 and Part Lots , Plan 85), Ward 5 - Information Report Diane Knutson, Planning Technician pg DEV Revision to Draft Plan Approval for Subdivision S-S Lalu Peninsula Inc. - Vacant residential land on the south side of Castle Harbour Drive, east of Simcoe Street (Part Lots 19 & 20, Concession 7), Ward 5 - Information & Recommendation Report Diane Knutson, Planning Technician pg DEV Cannabis Strategy Background Report Rob Vertolli, Planning Technician pg DEV Building Permit Activity - First Half of 2018 Lindsay Burnett, Administrative Assistant, Development Services pg Correspondence to be Received for Information 12.1 Correspondence No received from the Corporation of the Township of South Glengarry, providing a resolution made at a meeting held September 4, 2018, regarding Paramedic Services in Ontario pg. 96

3 13. Closed Session (if needed) 14. Adjournment

4 004 MINUTES OF THE REGULAR MEETING OF THE PLANNING AND COMMUNITY AFFAIRS COMMITTEE HELD MONDAY, JUNE 18, 2018 AT 6:30PM IN COUNCIL CHAMBERS PRESENT: Mayor Regional Councillor Ward Councillors ALSO PRESENT: CAO Director of Corporate Services/Clerk Director of Public Works, Parks and Recreation Director of Development Services Manager of Communications and Strategic Initiatives Planning Technician Planning Technician Recording Secretary Mr. T. Rowett Ms. B. Drew Ms. J. Back Ms. J. Guido Mr. D. Kett Ms. B. Somerville Ms. W. Wotten Mr. P. Allore Mr. J.P. Newman Ms. C. Coleman Mr. K. Heritage Ms. L. Bowers Mrs. D. Knutson Mr. R. Vertolli Ms. S. Frey 1. CALL TO ORDER The Mayor called the meeting to order at 6:33PM. 2. DISCLOSURE OF PECUNIARY INTEREST IN CLOSED SESSION 3. CLOSED SESSION 4. MOMENT OF SILENCE The Mayor asked all those present to stand and observe a moment of silence. 5. MATTERS FROM CLOSED SESSION 6. DISCLOSURE OF PECUINARY INTEREST & NATURE THEREOF No member declared a pecuniary interest. 7. ANNOUNCEMENTS Council Announcements: Thursday, June 21, 2018 is National Indigenous Peoples Day On Saturday, June 16, 2018, Scugog Fire & Emergency Department staff, along with Durham Regional Police Services, participated in an event celebrating National Indigenous Peoples Day with the Mississaugas of Scugog Island First Nation Congratulations extended to Maple Leaf Foods on their expansion and creation of 40 new jobs 1

5 005 P&CA Meeting Minutes June 18, th Annual ALS Walk was held on Saturday, June 16, 2018 at the Port Perry Fairgrounds organized by Heather Beacock Harvey Graham was inducted into the Agricultural Hall of Fame in Milton on Sunday, June 17, 2018 Dragon Boat Races held in Palmer Park on Saturday, June 16, 2018 Film crews will be downtown on Tuesday, June 19, 2018 and Wednesday, June 20, 2018 BIA Moonlite and Martinis to be held on Friday, June 22, ADOPTION OF MINUTES OF PREVIOUS MEETING 8.1 Planning and Community Affairs Committee May 14, 2018 Recommendation #PCA : Moved by: Seconded by: Councillor Guido Councillor Drew THAT the Minutes of the Regular Meeting of the Planning and Community Affairs Committee held Monday, May 14, 2018, be approved. Carried 9. PUBLIC MEETINGS 9.1 Public Meeting Zoning By-Law Amendment Application No. Z/05/2018 PROPONENT Parbro Farms AGENT Ralph Grander, H.F. Grander Co. Ltd., Agent for the Proponent LOCATION 935 Scugog Line 9 (Lot 10 and South Part Lot 11, Conc. 9), Ward 1 IN PERSON ATTENDANCE Ralph Grander on behalf Parbro Farms The Mayor outlined the following points for the benefit of those in attendance: This portion of the meeting has been set aside for a statutory public information meeting being held under Section 34 of the Planning Act for Zoning By-Law Amendment Application Z/05/2018, submitted by H.F. Grander Co. Ltd. on behalf of Parbro Farms, for property located at Lot 10 and South Part Lot 11, Conc. 9, 935 Scugog Line 9, Port Perry. It is important that the public express their views, either in person or in writing, prior to decisions being made by this Council. The Ontario Municipal Board was replaced by the Local Planning Appeal Tribunal (LPAT) on April 3, If you wish to file an appeal of Council s decision to the LPAT on this file, you must first speak to the matter at this public meeting or provide a written submission before a Zoning By-Law amendment is passed. If you do not, you will not be added as a party to a hearing by the LPAT, unless the Tribunal determines there are reasonable grounds to do so. Public notice was served by the Township of Scugog in accordance with the requirements of the Planning Act. 2

6 006 P&CA Meeting Minutes June 18, 2018 The Mayor then called upon the Planning Technician to present a review of the proposed application. On behalf of the Township, Rob Vertolli, Planning Technician, reviewed the application, including but not limited to: the purpose of the application is to rezone the future severed lands from AG to an RR Exception zone to recognize the reduced lot area, and to rezone the retained lands from AG, AG(H) and EP to Exception zones that will prohibit future residential uses and any further severances. The Mayor called for questions from members of Council for the Planning Technician, and seeing none, called upon the Applicant to present information. Ralph Grander, H.F. Grander Co. Ltd., appeared in support of the application and concurred with the review brought forward by the Planning Technician. The Mayor then opened the meeting to the public to receive input concerning the subject report. Upon enquiring, the Mayor determined that there were no public comments to be made either in support for or in opposition to the proposal. The statutory public information meeting concluded at 6:50PM 9.2 Public Meeting Zoning By-Law Amendment Application No. Z/04/2018 PROPONENT Margaret Ayres, on behalf of Big Brothers Big Sisters North Durham LOCATION 1401 Scugog Line 6 (Part Lot 15, Concession 6), Ward 1 IN PERSON ATTENDANCE Margaret Ayres The Mayor outlined the following points for the benefit of those in attendance: This portion of the meeting has been set aside for a statutory public information meeting being held under Section 34 of the Planning Act for Zoning By-Law Amendment Application Z/04/2018, submitted by Margaret Ayres on behalf of Big Brothers Big Sisters North Durham, for property located at 1401 Scugog Line 6 (Part Lot 15, Concession 6), Ward 1. It is important that the public express their views, either in person or in writing, prior to decisions being made by this Council. If you wish to file an appeal of Council s decision to the Ontario Municipal Board, you must first speak to the matter at this public meeting or provide a written submission before a Zoning By-law is passed. If you do not, you will not be added as a party to a hearing by the OMB, unless the Board determines there are reasonable grounds to do so. Public notice was served by the Township of Scugog in accordance with the requirements of the Planning Act. The Mayor called upon the Planning Technician to present a review of the proposed application. On behalf of the Township, Diane Knutson, Planning Technician, reviewed the application, including but not limited to: 3

7 007 P&CA Meeting Minutes June 18, 2018 the purpose of the application is to temporarily rezone the subject lands to allow a country festival fundraising event as a permitted use, once per calendar year, for a period not to exceed three (3) years The Mayor called for questions from members of Council for the Planning Technician, and seeing none, called upon the Applicant to present information. Margaret Ayres, on behalf of Big Brothers Big Sisters North Durham, appeared in support of the application and concurred with the review brought forward by the Planning Technician. The Mayor then opened the meeting to the public to receive input concerning the subject report. Upon enquiring, the Mayor determined that there were no public comments to be made either in support for or in opposition to the proposal. The statutory public information meeting concluded at 6:56PM With the consent of Council members, Mayor Rowett brought forth Item 11.2, Staff Report DEV , Zoning By-Law Amendment Application Z/04/2018, for consideration DEV Zoning By-Law Amendment Application Z/04/2018 Margaret Ayers on behalf of Big Brothers Big Sisters of North Durham 1401 Scugog Line 6 (Part Lot 15, Concession 6), Ward 1 Information and Recommendation Report Diane Knutson, Planning Technician Recommendation #PCA : Moved by: Seconded by: Councillor Back Councillor Guido THAT Report DEV Zoning By-Law Amendment Application Z/04/2018 Big Brothers Big Sisters of North Durham 1401 Scugog Line 6 (Part Lot 15, Concession 6), Ward 1 - Information & Recommendation Report, be received; THAT the application to amend Zoning By-Law (Z/04/2018) submitted by Margaret Ayers on behalf of Big Brothers Big Sisters of North Durham to temporarily rezone the subject lands to allow a country festival fundraising event as a permitted use, once per calendar year, for a period not to exceed three (3) years ( ), be approved; THAT the Zoning By-Law amendment appended as Attachment 2 to this report, be adopted by Council; THAT the Applicant be required to enter into an agreement with the Township specifying the conditions under which the use may be permitted, appended as Attachment 3 to this report; and THAT the Mayor and Clerk be authorized to sign the agreement appended as Attachment 3 to this report. Carried 4

8 008 P&CA Meeting Minutes June 18, 2018 With the consent of Council members, Mayor Rowett brought forth Item 11.1, Staff Report DEV , Zoning By-Law Amendment Application Z/05/2018, for consideration DEV Zoning By-Law Amendment Application Z/05/2018 Parbro Farms Ltd. - Rezoning for a Surplus Dwelling & Farm Consolidation Information and Recommendation Report Rob Vertolli, Planning Technician Recommendation #PCA : Moved by: Seconded by: Councillor Somerville Councillor Drew THAT Report DEV Zoning By-law Amendment Application Z/05/2018, Parbro Farms Ltd. 935 Scugog Line 9 (Lot 10 and South Part Lot 11, Conc. 9), Ward 1 Information & Recommendation Report, be received; THAT the application to amend Zoning By-law (Z/05/2018) submitted by H. F. Grander Co. Ltd., on behalf of Parbro Farms Ltd., to: 1) rezone the severed lands to consolidate the zoning at 1080 Regional Road 47; and, 2) to rezone a portion of the retained parcel (935 Scugog Line 9) to ensure that only existing Residential Uses are permitted and prohibit any further land severances, be approved; and, THAT the draft Zoning By-law amendment, appended as Attachment 2 to this report, be adopted. Carried 9.3 Public Meeting Official Plan Amendment and Zoning By-Law Amendments Application No. Z/06/2018 The Mayor outlined the following points for the benefit of those in attendance: This portion of the meeting has been set aside for a public information meeting being held pursuant to Sections 17, 21 and 34 of the Planning Act to consider proposed amendments to the Township of Scugog s Official Plan and Zoning By- Law No , as amended. It is important that the public express their views, either in person or in writing, prior to decisions being made by this Council. If you wish to file an appeal of Council s decision to the Local Planning Appeal Tribunal, you must first speak to the matter at this public meeting or provide a written submission before the proposed Official Plan amendment is adopted, or the proposed Zoning By-Law is passed. If you do not, you will not be added as a party to a hearing of an appeal before the Local Planning Appeal Tribunal, unless the Tribunal determines there are reasonable grounds to do so. Public notice was served by the Township of Scugog in accordance with the requirements of the Planning Act. The Mayor called upon the Planning Technician to present a review of the proposed application. On behalf of the Township, Rob Vertolli, Planning Technician, reviewed the application, and Jamie Robinson, MHBC Planning, Urban Design & Landscape 5

9 009 P&CA Meeting Minutes June 18, 2018 Architecture, provided a PowerPoint presentation to summarize the purpose and format for the proposed amendments. The Mayor called for questions from members of Council for the Planning Technician, and seeing none, opened the meeting to the public to receive input concerning the subject report. Roland Coy, 2961 Church Street, Blackstock, provided the following comments: Unaware of public meeting held in May Concerned that the agricultural community was not properly consulted and about the implications of the changes being made to large farms The Consultant advised Mr. Coy that public notice was served by the Township of Scugog in accordance with the requirements of the Planning Act, and that the proposed amendments will provide broader protection for water resources that supply municipal drinking water facilities (as shown on Schedule A diagram), with most agricultural areas being outside of the area and having their own wells. Further, any farm property owners would have received notification if identified as being affected. Upon enquiring, the Mayor determined that there were no further public comments to be made either in support for or in opposition to the proposal. The public information meeting concluded at 7:13PM At this juncture of the meeting, with the consent of Council members, Mayor Rowett brought forth Item 11.3, Staff Report DEV , Source Water OPA and ZBL Amendment Staff Report, for consideration DEV Source Water Protection - Official Plan Amendment and Zoning By- Law Amendments Staff Report Rob Vertolli, Planning Technician Recommendation #PCA : Moved by: Seconded by: Councillor Guido Councillor Drew THAT Report DEV Source Water OPA and ZBL Amendment Staff Report", be received for information; THAT draft Official Plan amendment, appended to this report as Attachment 2, be adopted by Council; and, THAT draft Zoning By-law amendment, appended to this report as Attachment 3, be adopted by Council. Carried 9.4 Public Meeting - Building Fees By-law The Mayor outlined the following points for the benefit of those in attendance: This portion of the meeting has been set aside for a public information meeting being held pursuant to Section 7 of the Building Code Act, 1992, to consider a proposed increase to the Township of Scugog s existing building permit fees. 6

10 010 P&CA Meeting Minutes June 18, 2018 It is important that the public express their views, either in person or in writing, prior to decisions being made by this Council. Public notice was served by the Township of Scugog in accordance with the requirements of the Building Code Act. The Mayor then called upon Kevin Heritage, Director of Development Services, to present a review of the proposed application. On behalf of the Township, Kevin Heritage, Director of Development Services, reviewed the application, and called upon Andrew Mirabella, Hemson Consulting Ltd., who summarized the Building Permit Fee Update Study, via a PowerPoint presentation. A question and answer period with members of Council followed. The Mayor then opened the meeting to the public to receive input concerning the subject report. Upon enquiring, the Mayor determined that there were no public comments to be made either in support for or in opposition to the proposal. The public information meeting concluded at 7:51PM At this juncture of the meeting, with the consent of Council members, Mayor Rowett brought forth Item 11.4, Staff Report DEV , Proposed New Building By-law and Fees, for consideration DEV Proposed New Building By-law and Fees Kevin Heritage, Director of Development Services Recommendation #PCA : Moved by: Seconded by: Councillor Somerville Councillor Back THAT Report DEV , dated June 18 th, 2018, entitled Proposed New Building By-law and Fees be received; THAT the new Building By-law appended as Attachment 1 to this Report be adopted and forwarded to Council for approval; THAT By-law (former Building By-law) and all amendments thereto, be repealed upon the passing of the new Building By-law; THAT the fees found within the new Building By-law shall take effect as of October 1, 2018; THAT the By-law appended as Attachment 3 to this Report, being a By-law for the Appointment of a Chief Building Official and Building Inspectors for the Administration and Enforcement of the Building Code Act within the Township of Scugog which includes both Joe Bonura, Chief Building Official and Richard Ferguson, Building Inspector / Deputy Chief Building Official from the Township of Brock, be adopted and forwarded to Council for approval; and THAT By-law (former Building Official Appointment By-law) and all amendments thereto, be repealed upon the passing of the new Appointment By-law. Carried 7

11 011 P&CA Meeting Minutes June 18, PRESENTATIONS AND DELEGATIONS 10.1 Ivo Finotti and Sue Brain Walk for Guide Dogs in Port Perry Mr. Finotti and Ms. Brain provided a PowerPoint presentation to advise Council of the Walk for Guide Dogs hosted by the Port Perry Lions Club on May 27, 2018, and thanked Council members and staff for their support of the event. A question and answer period with members of Council followed. Recommendation #PCA : Moved by: Seconded by: Councillor Back Councillor Guido THAT the delegation by Ivo Finotti and Sue Brain, regarding Walk for Guide Dogs in Port Perry, be received. Carried 10.2 Carol Coleman, Director of Public Works, Parks and Recreation Crossing Guard Warrant Study The Director of Public Works, Parks and Recreation presented a PowerPoint presentation to provide the results of the crossing guard warrant study and recommendations for the 2018/2019 school year. A question and answer period with members of Council followed. Recommendation #PCA : Moved by: Seconded by: Councillor Back Councillor Guido THAT the presentation by Carol Coleman, Director of Public Works, Parks and Recreation, regarding Crossing Guard Warrant Study, be received. Carried At this juncture of the meeting, with the consent of Council members, Mayor Rowett brought forth Item 11.7, Staff Report COMS , Crossing Guard Warrant Study, for consideration COMS Crossing Guard Warrant Study Carol Coleman, Director of Public Works, Parks and Recreation Recommendation #PCA : Moved by: Seconded by: Councillor Wotten Councillor Back THAT Report COMS , Crossing Guard Warrant Study, be received; THAT the minimum student volume be set at 12 students for the purposes of Crossing Guard Warrant analysis; THAT a Crossing Guard be placed at Old Simcoe Road and Queen Street for the morning and afternoon school crossing times for the 2018/ 2019 school year; 8

12 012 P&CA Meeting Minutes June 18, 2018 THAT a Crossing Guard be placed at Simcoe Street and Queen Street for the morning and afternoon school crossing times for the 2018/ 2019 school year; THAT the lunch hour Crossing Guard on Queen Street in front of R. H. Cornish Public School be removed for the 2018/ 2019 school year; THAT the construction of a sidewalk along the west side of Old Simcoe Road from Walsh Drive to the Cawkers Creek Subdivision be considered in the 2019 Capital Budget; and THAT all other existing School Crossing Guards remain for the for the 2018/ 2019 school year; and THAT a Crossing Guard be placed at Old Scugog Road and Alexander Street, Blackstock, as described in Report COMS , Table 1, No. 10, as a pilot project for the 2018/2019 school term to assess the need and determine if a permanent Crossing Guard is required. Carried 11. REPORTS 11.5 DEV Zoning By-law Amendment Application Z/12/2017 Erika Kiezebrink and Erik & Deborah Kiezebrink (Nestleton Waters Inn) 3440 Beacock Road (Part Lot 11, Concession 6), Ward 4 Recommendation Report Diane Knutson, Planning Technician Recommendation #PCA : Moved by: Seconded by: Councillor Guido Councillor Drew THAT Report DEV Zoning By-law Amendment Application Z/12/2017 Erika Kiezebrink and Erik & Deborah Kiezebrink (Nestleton Waters Inn) 3440 Beacock Road (Part Lot 11, Concession 6), Ward 4 Recommendation Report be received; THAT the application to amend Zoning By-law to permit a Country Inn to a maximum of 10 guest rooms, a dining room, commercial kitchen and a spa within the existing buildings only; and associated activities including a banquet facility, outdoor seasonal tents and structures catering to weddings, corporate functions and family gatherings together with parking facilities to accommodate up to 220 guests; and two existing residential suites within the principle building occupied by the owners/property manager of the subject lands; and restrict the buildings associated with the Country Inn to the existing gross floor areas; and restore the agricultural, agricultural holding and environmental protection zones on the remaining area of the subject lands, be approved; and THAT the draft Zoning By-law amendment appended as Attachment 4 to this report, be adopted by Council. Carried 9

13 013 P&CA Meeting Minutes June 18, DEV Zoning By-law Amendment Application Z/01/2014 Allan & Kim Campbell Regional Road 57 (South Part Lot 12, Concession 3), Ward 4 Recommendation Report Diane Knutson, Planning Technician Recommendation #PCA : Moved by: Seconded by: Councillor Somerville Councillor Wotten THAT Report DEV Zoning By-law Amendment Application Z/01/2014 Allan & Kim Campbell Regional Road 57 (South Part Lot 12, Concession 3), Ward 4 Recommendation Report be received; THAT the application to amend Zoning By-law to permit an existing two-storey addition/attached garage with a gross floor area of 307m² and a minimum rear yard of 1.10m to remain, be approved; and THAT the draft Zoning By-law amendment appended as Attachment 3 to this report, be adopted by Council. Carried 11.8 COMS Canada Day Celebrations Update Sable Frey, Summer Events Coordinator Recommendation #PCA : Moved by: Seconded by: Councillor Somerville Councillor Drew THAT Report COMS , 2018 Canada Day Celebrations Update, be received for information. Carried 12. CORRESPONDENCE 13. NOTICES OF MOTION 14. CLOSED SESSION 15. ADJOURNMENT 9:11PM Recommendation #PCA : Moved by: Seconded by: Councillor Guido Councillor Wotten THAT this meeting be adjourned. Carried 10

14 014 P&CA Meeting Minutes June 18, 2018 MAYOR, Thomas R. Rowett CLERK, John Paul Newman 11

15 DELEGATION REQUEST A date must be verified prior to submitting this form Contact the Clerk s ext 118 Please ensure this form is fully completed this application to sfrey@scugog.ca or hand deliver to the Township office no later than 4:00pm on the Tuesday preceding the Council meeting Date of Meeting: SEPTEMBER 17, 2018 Name of Delegation(s): CRYSTAL KING (Chair) and KATRINA WOTTEN (Board) Full Mailing Address of Delegation(s): 015 Telephone #: Address: (Crystal King -- CSR Chair) nestleton.csr@gmail.com (Melanie Wright CSR Secretary) Group Delegation Represents: CARTWRIGHT SPORTS & RECREATION INC. General Nature of Delegation: To update Council on CSR s fundraising efforts and completed projects at Cartwright Fields and to request 2019 budget funding for project to upgrade to LED lighting at the upper diamond. Please Indicate the Action Being Requested by Council: 2019 Budget Funding Request for upcoming LED lighting upgrade at the upper diamond at Cartwright Fields. Delegations have five (5) minutes to address Council Supporting materials, if any, are required by the Tuesday prior to the meeting Power Point presentations are required by noon the Friday prior to the meeting For further information on the procedure for appearing before Council as a delegation, please refer to the Township of Scugog website at

16 016 Township of Scugog Staff Report To request an alternative accessible format, please contact the Clerks Department at Report Number: Prepared by: Department: Report to: DEV Diane Knutson, Planning Technician Development Services Planning Planning & Community Affairs Committee Date: September 17, 2018 Reference: Strategic Direction #3: Economic Development Report Title: Recommendations: Zoning By-Law Amendment Application Z/02/2018 Plan of Subdivision Application S-S Chieftan Development Corporation 234 Union Avenue, Port Perry (Part Lot A, Plan 77 and Part Lot 18, Concession 5), Ward 2 - Information Report 1. That Report DEV Zoning By-law Amendment Application Z/02/2018 and Plan of Subdivision Application S-S Chieftan Development Corporation 234 Union Avenue, Port Perry (Part Lot A, Plan 77 and Part Lot 18, Concession 5), Ward 2 Information Report, be received; and 2. That Staff report back to Council with recommendations on these applications in the first quarter of Background: 1.1. Introduction On May 11, 2017, Township Staff participated in a pre-consultation meeting regarding a proposal to create 31 single detached dwellings with a cul-de-sac roadway and parkland. The proposed lots would be serviced by full municipal services. At that time, the subject lands contained a single detached dwelling and a detached accessory structure, both of which have since been demolished and removed from the site. The meeting included discussion

17 Z/02/2018 & S-S Chieftan Development Corp. Information Report September 17, Development Services Planning relating to the submission of a Draft Plan of Subdivision (Region) and a Zoning By-law Amendment application to the Township of Scugog. On April 10, 2018, an application to amend Zoning By-law was received from Scott Waterhouse of Candevcon Limited (Agent) on behalf of Chieftan Development Corporation (Applicant) to permit the development of 28 single detached dwellings, 5 part lots and a park block. The application was deemed complete on June 14, The following reports have been submitted in support of the application: Planning Rationale Report (Candevcon Limited, April 2018); Phase One Environmental Site Assessment (Soil Engineers Ltd., November 8, 2017); Geotechnical Investigation (Soil Engineers Ltd., February 2017); Stage 1 and 2 Archaeological Assessment (The Archaeologists Inc., December 5, 2017); Arborist Report (Cosburn Nauboris, April 9, 2018); Tree Preservation Plan (Cosburn Nauboris, April 2018); Streetscape Plan (Cosburn Nauboris, April 2018); Functional Servicing and Stormwater Management Report (Candevcon Limited, April 2018); Functional Servicing and Grading Plan (Candevcon Limited, April 2018); Erosion and Sedimentation Control Report (Candevcon Limited, April 10, 2018); and Traffic Impact Study Brief (The Municipal Infrastructure Group Ltd., November 2017). A concurrent application for approval of a Plan of Subdivision (S-S ) was deemed completed by the Region of Durham on April 17, The Region of Durham is the approval authority for plans of subdivision. The Township of Scugog is holding a joint Statutory Public Meeting to seek public input on both applications. Regional Planning Staff will be present at the Public Meeting to assist Council and the Public with inquiries or concerns relating to the proposed Plan of Subdivision. This report presents preliminary information with respect to the proposed Zoning By-law amendment for the Statutory Public Meeting. The studies received are being reviewed by internal departments and external agencies. A future Staff report will include an analysis of the studies received, comments from the statutory public meeting and any subsequent written comments, and will include a recommendation on the applications. A public meeting notice concerning these applications were provided to all property owners within 120m of the subject property and posted on the Township website. A sign has also been placed on the property to notify the public of the application. This report has been prepared with the assistance of MHBC Planning. Page 2 of 16

18 Z/02/2018 & S-S Chieftan Development Corp. Information Report September 17, Development Services Planning 1.2. Location and Context Location: Part Lot A, Plan 77 and Part Lot 18, Concession 5 (north-west corner of Josephine Street and Union Avenue, Port Perry), Roll # , Ward 2 Official Plan Designation: Zone Categories: Present Use: Residential Future Development (FD) and Open Space (OS) Vacant residential land Adjacent Uses: Lot Area: Frontage: North: Vacant residential land (Draft Approved Subdivision S-S owned by Ribcor Holdings Inc.) South: Residential Single detached dwellings East: Residential Single detached dwellings and vacant agricultural lands West: Vacant residential land (Draft Approved Subdivision S-S owned by Ribcor Holdings Inc.) 2.68 hectares (6.62 acres) m (388 ft.) on Union Avenue and 86.55m (284 ft.) on Josephine Street Attachment 1 shows the proposed street configuration and parcel fabric for the proposed plan of subdivision. Page 3 of 16

19 Z/02/2018 & S-S Chieftan Development Corp. Information Report September 17, Development Services Planning 2. Discussion: 2.1. Proposal These applications propose to create 28 single detached residential units. The proposed Plan of Subdivision also includes a park block, a landscape strip along the south-easterly limit of the proposed cul-de-sac adjacent Union Avenue and five part lots for future residential development in conjunction with the adjacent Ribcor Holdings Draft Approved residential Plan of Subdivision. It has been proposed that this development be serviced by full municipal services. Access to the proposed subdivision will be from an east-west local road connection of the future Forestlane Way in the Ribcor Draft Approved Plan of Subdivision. The draft plan also includes an L-shaped cul-de-sac street which will connect with this east-west connection of Forestlane Way. The subject property is currently zoned Future Development (FD) in Zoning By-law The Zoning By-law Amendment application proposes to rezone the property from Future Development (FD) to Urban Residential Multiple Type Three (RM3) and Open Space (OS). The RM3 zone would be in keeping with the zoning of the adjacent Ribcor lands, however, site specific exceptions are proposed to limit the residential uses to single detached dwellings and to address lot specific minimum building setbacks, where required. The proposed Zoning By-law Amendment is appended to this report as Attachment 3. The Zoning By-law Amendment Application also relates to a portion of lands located within the adjacent Ribcor Draft Approved Plan of Subdivision (S-S ). The application proposes to rezone Lots 67 to 70 within the Ribcor Plan from Urban Residential Type One (R1) to Urban Residential Multiple Type Three (RM3). This would allow for the future development of the five part lots within the Chieftan proposed plan as complete lots. An excerpt from the Ribcor Draft Approved subdivision plan is appended to this report as Attachment Planning Policy Analysis Provincial Policy Statement (2014) The Provincial Policy Statement (PPS) provides policies that direct development while protecting resources of provincial interest, public health and safety, and the quality of the natural and built environment. It supports improved land use planning and management which contributes to a more effective and efficient land use planning system. PPS policies generally direct development to settlement areas and away from areas of natural and humanmade hazards. They require that development be supported by appropriate levels of infrastructure and they provide for the protection of the environment and other natural resources. Page 4 of 16

20 Z/02/2018 & S-S Chieftan Development Corp. Information Report September 17, Development Services Planning Settlement areas are to be the focus of growth and development. The PPS speaks to such matters as: The provision of an appropriate range and mix of housing types and densities required to meet projected requirements of current and future residents; and Directing new housing development towards locations where appropriate levels of infrastructure and public service facilities are or will be available to support current and projected needs. It is Staff s opinion that the proposal is consistent with the direction of the PPS Greenbelt Plan (2017) The Port Perry Urban Area is within the Towns/Villages designation of the Greenbelt Plan. The Greenbelt Plan does not apply to lands within the Port Perry Urban Area Growth Plan for the Greater Golden Horseshoe (2017) The Growth Plan for the Greater Golden Horseshoe (Growth Plan) builds upon the policies established in the PPS and provides more specific policy direction regarding where and how development should occur within the Greater Golden Horseshoe. The property is located within the Greenbelt Area. While the Growth Plan limits development within the Greenbelt Area, it does provide for growth within a settlement area that has a delineated built boundary and which is focused within delineated built-up areas. The Growth Plan defines delineated built-up area as all land within the delineated built boundary. As per Schedule A-1 of the Durham Region Official Plan, the subject site is located within the built boundary for Port Perry. It is Staff s opinion that the proposal is consistent with the Growth Plan Region of Durham Official Plan The subject property is located within an Urban Area Boundary and within the Living Areas designation of the Region of Durham Official Plan (ROP). As per the policies of the ROP, Living Areas are to be used predominantly for housing purposes and are to be developed to incorporate the widest possible variety of housing types, sizes and tenure to provide living accommodations that address various socio-economic factors. They are to achieve a compact urban form, make use of good urban design principles, and provide convenient pedestrian access to public transit, educational facilities and parks. Schedule B Map B1c of the ROP identifies a portion of the property as being within a Key Natural Heritage and Hydrologic Features area. It is also within a High Aquifer Vulnerability Area as per Schedule B Map B2. It is Staff s opinion that the proposal conforms to the ROP. Page 5 of 16

21 Z/02/2018 & S-S Chieftan Development Corp. Information Report September 17, Development Services Planning Scugog Official Plan Schedule A-1 of the Scugog Official Plan (Port Perry Urban Area Land Use) designates the subject property as Residential and a portion as Open Space. It is also identified within a High Aquifer Vulnerability Area as per Schedule F of the Official Plan. The objectives of the Residential designation are, in part, to Maintain and enhance the character and identity of existing residential areas; Encourage the provision of a range of housing types and opportunities; Promote the efficient use of existing and planned infrastructure; and Ensure that residential areas permit a variety of complementary and compatible land uses. Permitted uses in the Residential designation include: Single-detached, semi-detached, duplex, three-plex, four-plex, street, block and stacked townhouses, apartment dwellings, long term care facilities, retirement homes and special needs housing; Accessory apartments and garden suites may also be permitted; Complementary uses such as home occupations; Institutional uses that serve the needs of the surrounding residential areas; and Existing local commercial uses that serve the needs of the surrounding residential areas. Objectives of the Open Space designation include: Creation of a parkland and open space system that is connected to the Township s Greenlands System; Provision of a continuous trail and integrated park system; Provision of sufficient lands to meet the recreational needs of the population; and Ensuring the use of parks and open space is compatible with adjacent land uses. The High Aquifer Vulnerability Area designation prohibits specific uses which could have negative impacts on or cause contamination to groundwater in the area. It is Staff s opinion that the proposal conforms to the Scugog Official Plan Township of Scugog Zoning By-law The subject property is zoned Future Development (FD) in the Township s comprehensive Zoning By-law The proposed Zoning By-law Amendment seeks to rezone the property from Future Development (FD) to Urban Residential Multiple Type Three (RM3) and Open Page 6 of 16

22 Z/02/2018 & S-S Chieftan Development Corp. Information Report September 17, Development Services Planning Space (OS). A copy of the draft Zoning By-law Amendment submitted with this application is appended to this report as Attachment 3. The Zoning By-law Amendment application also proposes to rezone a portion of the adjacent Ribcor Holdings Draft Approved Plan of Subdivision. It proposes the rezoning of Lots 67 to 70, illustrated on Attachment 2, from Urban Residential Type One (R1) to Urban Residential Multiple Type Three (RM3). This is required to basically allow for the future development of the five part lots in the Chieftan proposed plan through a merger with Lots 67 to 70 of the Ribcor plan. On May 10, 2018, the Region approved this redline revision to Ribcor s draft plan of subdivision to reflect the lot configuration as shown on Attachment 2 of this report. The table below illustrates the relevant requirements of Zoning By-law as they relate to the Urban Residential Multiple Type Three (RM3) Zone: Zoning By-law (RM3) Permitted Uses By-law Requirement A duplex, fourplex, linked, semi-detached, single detached and townhouse dwellings. Proposed Twenty-eight single detached dwellings. Minimum Lot Area 280m² (3,014 ft.²) Lot areas range between 372m² and 915m². Average lot area m². Minimum Lot Frontage 9m (29.5 ft.) Lot frontages vary between 12m and 16.7m. Average lot frontage 12.8m. Staff have determined that the rezoning application is consistent with and conforms to the following planning documents: Provincial Policy Statement (2014); Growth Plan for the Greater Golden Horseshoe (2017) Region of Durham Official Plan; and Township of Scugog Official Plan. Page 7 of 16

23 Z/02/2018 & S-S Chieftan Development Corp. Information Report September 17, Development Services Planning 2.3 Circulation Comments Kawartha Region Conservation Authority: Region of Durham: Planning & Economic Development Department No objection to the rezoning application. The following will be required for the subdivision application: Retrofit of the Perryview stormwater management pond is required to accommodate these lots, therefore, timing of final approval contingent on final approval and construction of the retrofitted Perryview stormwater management pond; Site design must be coordinated with the Ribcor design as it relates to storm sewer sizes, alignments, overland flow routes, etc.; Supports proposed LID practices, however, additional LIDs are to be investigated to reduce phosphorous loading and to match existing condition annual infiltration volumes at the site; Confirm to what extent the park block, which contains significant woodland, will be graded; Cross section or additional grading details and overland flow information required relating to flows from cul-de-sac on Street A ; Detailed sediment and erosion control plan required at final design stage; Phosphorus loading assessment required at final design stage; Existing and proposed condition water balance required at final design stage; and Stand-alone operation and maintenance brief required for overall stormwater management plan at final design stage. Comments not yet received. Health Department No objection or concerns provided the subdivision is serviced by full municipal services. Page 8 of 16

24 Z/02/2018 & S-S Chieftan Development Corp. Information Report September 17, Development Services Planning Works Department No objection to the further processing of the applications. Transportation Planning Comments not yet received. The Owner shall satisfy all requirements, financial and otherwise, of the Regional Municipality of Durham, including, but not limited to, the execution of a subdivision agreement, including providing any easements required for Regional services, the provision and installation of subsurface sanitary and municipal water supply and other Regional services and the depositing of appropriate financial securities. Bell Canada Comments not yet received. Canada Post: Durham Catholic District School Board: Mail service to be provided through centralized Community Mail Boxes; and 1 to 2 sites with locations to be determined and design standards to be followed No objection or concerns. Students will be accommodated at Good Shepherd School. Durham District School Board: No objection or concerns. Students will be accommodated at existing public schools. Enbridge Gas Distribution Inc. Hydro One: No objection to the proposed rezoning application. The following will required for the subdivision application: Applicant to contact Enbridge for service and meter installation details and to ensure all gas piping is installed prior to commencement of site landscaping and/or asphalt paving; Any and all costs for relocating of gas main or temporary gas pipe installations are responsibility of the applicant; Application to provide easement at no cost, if required; and Applicant to grade all road allowances as close to final elevation as possible, provide necessary field survey information and all approved municipal road cross sections, identifying all utility locations prior to the installation of the gas piping. No comments or concerns at this time. Page 9 of 16

25 Z/02/2018 & S-S Chieftan Development Corp. Information Report September 17, Development Services Planning Ministry of Transportation: Rogers Township of Scugog: Development Services (By-law) Development Services (Building) No objection or concerns. No objection to the rezoning application. The following will be required for the subdivision application: Prior to the registration of the plan of subdivision, the Developer/Owner will grant all necessary easements and maintenance agreements required by the CRTC-licensed telephone and broadcasting distribution companies intending to service the subdivision; and Prior to the registration of the plan of subdivision, the Developer/Owner will, in consultation with the applicable utilities and communications service providers, prepare an overall utility distribution plan that shows the locations of all utility infrastructure for the subdivision as well as the timing and phasing of installation. No objection or concerns. A complete application for building permits is required for new construction including all applicable law. Fire Department A fire break plan is to be submitted for the construction phase of the project. Community Services (Public Works) 3. Financial Implications: No objection or concerns. The costs of development are borne by the Applicant. If the applications are approved and the proposed 28 dwellings are constructed, the Township would collect $11,000 per unit ($308,000) in development charges and an estimated increased assessment of $18,200, Communication Considerations: Notice of this public meeting was provided to all property owners within 120 metres of the subject property and posted on the Township s website. A sign was also placed on the property to notify the public of these applications. Page 10 of 16

26 Z/02/2018 & S-S Chieftan Development Corp. Information Report September 17, Development Services Planning 5. Conclusion: The content of this report is preliminary in nature and is intended to provide background information for the statutory public meeting. Comments received at the public meeting and any subsequent written comments will be considered by Staff in the analysis of the applications in a future report. Should Staff recommend approval of the applications, the necessary Zoning By-law amendment and all conditions of approval will be included for consideration of Council. The report will also include the Township s recommendation and conditions of draft plan approval on the subdivision application to the Region of Durham. Respectfully Submitted: Reviewed By: Diane Knutson, CPT Planning Technician Kevin Heritage, MES, MCIP, RPP Director of Development Services Attachments: ATT-1: Proposed Plan of Subdivision ATT-2: Excerpt from Ribcor Plan of Subdivision (S-S ) ATT-3: Proposed Zoning By-law Amendment Page 11 of 16

27 Z/02/2018 & S-S Chieftan Development Corp. Information Report September 17, Development Services Planning ATT-1 Page 12 of 16

28 Z/02/2018 & S-S Chieftan Development Corp. Information Report September 17, Development Services Planning ATT-2 Page 13 of 16

29 Z/02/2018 & S-S Chieftan Development Corp. Information Report September 17, Development Services Planning ATT-3 Page 14 of 16

30 Z/02/2018 & S-S Chieftan Development Corp. Information Report September 17, Development Services Planning Page 15 of 16

31 Z/02/2018 & S-S Chieftan Development Corp. Information Report September 17, Development Services Planning Page 16 of 16

32 032 Township of Scugog Staff Report To request an alternative accessible format, please contact the Clerks Department at Report Number: Prepared by: Department: Report to: DEV Diane Knutson, Planning Technician Development Services Planning Planning & Community Affairs Committee Date: September 17, 2018 Reference: Strategic Direction #3: Economic Development Report Title: Recommendations: Zoning By-Law Amendment Application Z/03/2018 Plan of Subdivision Application S-S Oxnard Port Perry Inc. Vacant land on the north side of Balsam Street, Port Perry (Part Lot 17, Concession 6, Part Block A, Lots 16-20, Plan 771 & Part Lots , Plan 85), Ward 5 - Information Report 1. That Report DEV Zoning By-law Amendment Application Z/03/2018 and Plan of Subdivision Application S-S Oxnard Port Perry Inc. Vacant land on the north side of Balsam Street, Port Perry (Part Lot 17, Concession 6, Part Block A, Lots 16-20, Plan 771 & Part Lots , Plan 85), Ward 5 Information Report, be received; and 2. That Staff report back to Council with recommendations on these applications in the first quarter of Background: 1.1. Introduction On January 18, 2018 Township Staff participated in a pre-consultation meeting regarding a proposal to create 18 semi-detached dwellings on nine residential lots. The proposed lots would be serviced by full municipal services. The meeting included discussion relating to the

33 Z/03/2018 & S-S Oxnard Port Perry Inc. Information Report September 17, Development Services Planning submission of a Draft Plan of Subdivision (Region) and a Zoning By-law Amendment application to the Township of Scugog. On April 10, 2018, an application to amend Zoning By-law was received from Bryce Jordan of GHD (Agent) on behalf of Oxnard Port Perry Inc. (Applicant) to permit the development of 18 semi-detached dwellings on nine residential lots. The application was deemed complete on June 19, The following reports have been submitted in support of the applications: Planning Report (GHD, March 2018); Draft Plan of Subdivision (GHD, March 2018); Phase One Environmental Site Assessment Report (GHD, February 2018); Stage 1 and 2 Archaeological Assessment (The Archaeologists Inc., March 16, 2018); Stormwater Management Report (GHD, March 2018); Functional Servicing Report (Hancock Engineering Services Inc., March 2018); Topographic Plan (J.D. Barnes Limited, March 8, 2018); and Erosion and Sedimentation Control Plan (Hancock Engineering Services Inc., March 24, 2018). A concurrent application for approval of a Plan of Subdivision (S-S ) was deemed completed by the Region of Durham on April 5, The Region of Durham is the approval authority for plans of subdivision. The Township of Scugog is holding a joint Statutory Public Meeting to seek public input on both applications. Regional Planning Staff will be present at the Public Meeting to assist Council and the Public with inquiries or concerns relating to the proposed Plan of Subdivision. This report presents preliminary information with respect to the proposed Zoning By-law amendment for the Statutory Public Meeting. The studies received are being reviewed by internal departments and external agencies. A future Staff report will include an analysis of the studies received, comments from the statutory public meeting and any subsequent written comments, and will include a recommendation on the applications. A public meeting notice concerning these applications were provided to all property owners within 120m of the subject property and posted on the Township website. A sign has also been placed on the property to notify the public of the application. This report has been prepared with the assistance of MHBC Planning. Page 2 of 14

34 Z/03/2018 & S-S Oxnard Port Perry Inc. Information Report September 17, Development Services Planning 1.2. Location and Context Location: Part Lot 17, Conc.6, Part Block A, Lots 16-20, Plan 771 & Part Lots , Plan 85 (Vacant land on the north side of Balsam Street, Port Perry), Portion of Roll # , Ward 5 Official Plan Designation: Zone Categories: Present Use: Adjacent Uses: Lot Area: Frontage: Residential Community Facility (CF) and Urban Residential Multiple Type Four Exception One (RM4-1) Royal Canadian Legion Branch 419 and vacant land North: Royal Canadian Legion Branch 419, Port Perry Curling Club and Residential South: Residential Single detached dwellings East: Residential Single detached dwellings and vacant agricultural lands West: Vacant residential land (Draft Approved Subdivision S-S owned by Ribcor Holdings Inc.) 0.58 hectares (1.43 acres) 158m (518.4 ft.) on Balsam Street Attachment 1 shows the proposed parcel fabric for the proposed plan of subdivision. Page 3 of 14

35 Z/03/2018 & S-S Oxnard Port Perry Inc. Information Report September 17, Development Services Planning 2. Discussion: 2.1. Proposal These applications propose to create 18 semi-detached residential units. Oxnard Port Perry Inc. has entered into an agreement with the Royal Canadian Legion Branch 419 to purchase a portion of their property for this development. The development lands are located on the north side of Balsam Street, east of Old Simcoe Road within the Port Perry Urban Area. It has been proposed that this development be serviced by full municipal services and access to the proposed units would be from Balsam Street. The portion of the property subject to these applications is currently zoned Urban Residential Multiple Type Four Exception One (RM4-1) in Zoning By-law The use of this portion of the Legion s property is restricted to a 40 unit non-profit housing development of one and two bedrooms that the Legion contemplated back in The Zoning By-law Amendment application proposes to rezone this portion of the property from Urban Residential Multiple Four Exception One (RM4-1) to an Urban Residential Multiple Type Three (RM3) Exception zone that would permit the development of 18 semi-detached dwelling lots with a minimum lot frontage of 8.5m (27.9 ft.). The proposed Zoning By-law Amendment is appended to this report as Attachment Planning Policy Analysis Provincial Policy Statement (2014) The Provincial Policy Statement (PPS) provides policies that direct development while protecting resources of provincial interest, public health and safety, and the quality of the natural and built environment. It supports improved land use planning and management which contributes to a more effective and efficient land use planning system. PPS policies generally direct development to settlement areas and away from areas of natural and humanmade hazards. They require that development be supported by appropriate levels of infrastructure and they provide for the protection of the environment and other natural resources. Settlement areas are to be the focus of growth and development. The PPS speaks to such matters as: The provision of an appropriate range and mix of housing types and densities required to meet projected requirements of current and future residents; and Directing new housing development towards locations where appropriate levels of infrastructure and public service facilities are or will be available to support current and projected needs. It is Staff s opinion that the proposal is consistent with the direction of the PPS. Page 4 of 14

36 Z/03/2018 & S-S Oxnard Port Perry Inc. Information Report September 17, Development Services Planning Greenbelt Plan (2017) The Port Perry Urban Area is within the Towns/Villages designation of the Greenbelt Plan. The Greenbelt Plan does not apply to lands within the Port Perry Urban Area Growth Plan for the Greater Golden Horseshoe (2017) The Growth Plan for the Greater Golden Horseshoe (Growth Plan) builds upon the policies established in the PPS and provides more specific policy direction regarding where and how development should occur within the Greater Golden Horseshoe. The property is located within the Greenbelt Area. While the Growth Plan limits development within the Greenbelt Area, it does provide for growth within a settlement area that has a delineated built boundary and which is focused within delineated built-up areas. The Growth Plan defines delineated built-up area as all land within the delineated built boundary. As per Schedule A-1 of the Durham Region Official Plan, the subject site is located within the built boundary for Port Perry. It is Staff s opinion that the proposal is consistent with the Growth Plan Region of Durham Official Plan The subject property is located within an Urban Area Boundary and within the Living Areas designation of the Region of Durham Official Plan (ROP). As per the policies of the ROP, Living Areas are to be used predominantly for housing purposes and are to be developed to incorporate the widest possible variety of housing types, sizes and tenure to provide living accommodations that address various socio-economic factors. They are to achieve a compact urban form, make use of good urban design principles, and provide convenient pedestrian access to public transit, educational facilities and parks. It is Staff s opinion that the proposal conforms to the ROP Scugog Official Plan Schedule A-1 of the Scugog Official Plan (Port Perry Urban Area Land Use) designates the subject property as Residential. It is also identified within a High Aquifer Vulnerability Area as per Schedule F of the Official Plan. The objectives of the Residential designation are, in part, to: Maintain and enhance the character and identity of existing residential areas; Encourage the provision of a range of housing types and opportunities; Promote the efficient use of existing and planned infrastructure; and Ensure that residential areas permit a variety of complementary and compatible land uses. Page 5 of 14

37 Z/03/2018 & S-S Oxnard Port Perry Inc. Information Report September 17, Development Services Planning Permitted uses in the Residential designation include: Single-detached, semi-detached, duplex, three-plex, four-plex, street, block and stacked townhouses, apartment dwellings, long term care facilities, retirement homes and special needs housing; Accessory apartments and garden suites may also be permitted; Complementary uses such as home occupations; Institutional uses that serve the needs of the surrounding residential areas; and Existing local commercial uses that serve the needs of the surrounding residential areas. The High Aquifer Vulnerability Area designation prohibits specific uses which could have negative impacts on or cause contamination to groundwater in the area. It is Staff s opinion that the proposal conforms to the Scugog Official Plan Township of Scugog Zoning By-law The subject property is zoned Community Facility (CF) and Urban Residential Multiple Type Four Exception One (RM4-1) in the Township s comprehensive Zoning By-law The proposed semi-detached units would be within that portion of the property which is currently zoned RM4-1. The proposed Zoning By-law Amendment seeks to rezone a portion of the lands to an Urban Residential Multiple Type Three Exception zone to permit smaller lot frontages. A copy of the draft Zoning By-law Amendment submitted with this application is attached to this report as Attachment 2. The table below illustrates the relevant requirements of Zoning By-law as they relate to the Urban Residential Multiple Type Three (RM3) Zone: Zoning By-law (RM3) Permitted Uses By-law Requirement A 40 unit non-profit housing development of one and two bedrooms. Proposed Eighteen semi-detached dwellings. Minimum Lot Area 280m² (3,014 ft.²) m² (3,456 ft.²) Minimum Lot Frontage 9m (29.5 ft.) 8.5m (27.9 ft.) Relief required Staff would like to note that the Legion building will lose its legal non-conforming status through the severance process and will not comply with Zoning By-law with respect to the existing 8.13m exterior side yard (Bay Street). Also the Legion lands that will not form part of the subdivision will need to be rezoned from RM4-1 to CF. Page 6 of 14

38 Z/03/2018 & S-S Oxnard Port Perry Inc. Information Report September 17, Development Services Planning The draft Zoning By-law appended to this report will be revised to reflect these issues and will be included in the future recommendation report. Staff have determined that the rezoning application is consistent with and conforms to the following planning documents: Provincial Policy Statement (2014); Growth Plan for the Greater Golden Horseshoe (2017) Region of Durham Official Plan; and Township of Scugog Official Plan. 2.3 Circulation Comments Kawartha Region Conservation Authority: Region of Durham: Planning & Economic Development Department No objection to the rezoning application. The following will be required for the subdivision application: Due to size of property and proposed connection to municipal servicing, comments pertaining to stormwater management have been deferred to Township of Scugog; Given proximity from a watercourse or hydrologic connection, KRCA Staff will not require review of erosion and sediment control plans and measures; Noted that the zero net increase in phosphorus loading meets Kawartha Conservation s overall objective of decreasing P loads into Lake Scugog; Applauds proponent for including LID infiltration techniques; Climate change projections (high volume precipitation events & frequency) are lacking from the report and proponent is encouraged to review document entitled Durham Region s Future Climate ( ); Climate change precipitation model projections should be utilized in future applications; and Proponent has successfully met Kawartha Conservation s requirements of zero net phosphorus loading. Comments not yet received. Health Department No objection or concerns provided the subdivision is serviced by full municipal services. Page 7 of 14

39 Z/03/2018 & S-S Oxnard Port Perry Inc. Information Report September 17, Development Services Planning Works Department No objection to the further processing of the applications. The Owner shall satisfy all requirements, financial and otherwise, of the Regional Municipality of Durham, including, but not limited to, the execution of a subdivision agreement, including providing any easements required for Regional services, the provision and installation of subsurface sanitary and municipal water supply and other Regional services, and the depositing of appropriate financial securities. Transportation Planning Comments not yet received. Bell Canada Canada Post: Durham Catholic District School Board: Comments not yet received. Mail service to be provided through centralized Community Mail Boxes; and 1 site with location to be determined and design standards to be followed No objection or concerns. Students will be accommodated at Good Shepherd School. Durham District School Board: No objection or concerns. Students will be accommodated at existing public schools. Enbridge Gas Distribution Inc. Hydro One: No objection to the proposed rezoning application. The following will required for the subdivision application: Applicant to contact Enbridge for service and meter installation details and to ensure all gas piping is installed prior to commencement of site landscaping and/or asphalt paving; Any and all costs for relocating of gas main or temporary gas pipe installations are responsibility of the applicant; Application to provide easement at no cost, if required; and Applicant to grade all road allowances as close to final elevation as possible, provide necessary field survey information and all approved municipal road cross sections, identifying all utility locations prior to the installation of the gas piping. No objection or concerns at this time. Page 8 of 14

40 Z/03/2018 & S-S Oxnard Port Perry Inc. Information Report September 17, Development Services Planning Ministry of Transportation: Rogers No objection or concerns. No objection to the rezoning application. The following will be required for the subdivision application: Prior to the registration of the plan of subdivision, the Developer/Owner will grant all necessary easements and maintenance agreements required by the CRTC-licensed telephone and broadcasting distribution companies intending to service the subdivision; and Prior to the registration of the plan of subdivision, the Developer/Owner will, in consultation with the applicable utilities and communications service providers, prepare an overall utility distribution plan that shows the locations of all utility infrastructure for the subdivision as well as the timing and phasing of installation. Township of Scugog: Development Services (By-law) Development Services (Building) No objection or concerns. A complete application for building permit is required for new construction. Fire Department A fire break plan is to be submitted and approved for the construction phase of the project. Community Services (Public Works) No objection or concerns. A financial contribution towards the upgrading of Balsam Street will be required as a condition of draft plan approval of the subdivision. 3. Financial Implications: The cost of development are borne by the Applicant. If the applications are approved and the proposed 18 dwellings are constructed, the Township would collect $11,000 per unit ($198,000) in development charges and an estimated increased assessment of $10,800, Communication Considerations: Notice of this public meeting was provided to all property owners within 120 metres of the subject property and posted on the Township s website. A sign was also placed on the property to notify the public of these applications. Page 9 of 14

41 Z/03/2018 & S-S Oxnard Port Perry Inc. Information Report September 17, Development Services Planning 5. Conclusion: The content of this report is preliminary in nature and is intended to provide background information for the statutory public meeting. Comments received at the public meeting and any subsequent written comments will be considered by Staff in the analysis of the applications in a future report. Should Staff recommend approval of the applications, the necessary Zoning By-law amendment and all conditions of approval will be included for consideration of Council. The report will also include the Township s recommendation and conditions of draft plan approval on the subdivision application to the Region of Durham. Respectfully Submitted: Reviewed By: Diane Knutson, CPT Planning Technician Kevin Heritage, MES, MCIP, RPP Director of Development Services Attachments: ATT-1: Proposed Plan of Subdivision ATT-2: Proposed Zoning By-law Amendment Page 10 of 14

42 Z/03/2018 & S-S Oxnard Port Perry Inc. Information Report September 17, Development Services Planning ATT-1 Page 11 of 14

43 Z/03/2018 & S-S Oxnard Port Perry Inc. Information Report September 17, Development Services Planning ATT-2 Page 12 of 14

44 Z/03/2018 & S-S Oxnard Port Perry Inc. Information Report September 17, Development Services Planning Page 13 of 14

45 Z/03/2018 & S-S Oxnard Port Perry Inc. Information Report September 17, Development Services Planning Page 14 of 14

46 046 Township of Scugog Staff Report To request an alternative accessible format, please contact the Clerks Department at Report Number: Prepared by: Department: Report to: DEV Diane Knutson, Planning Technician Development Services Planning Planning & Community Affairs Committee Date: September 17, 2018 Reference: Strategic Direction #3: Economic Development Report Title: Recommendations: Revision to Draft Plan Approval for Subdivision S-S Lalu Peninsula Inc. - Vacant residential land on the south side of Castle Harbour Drive, east of Simcoe Street (Part Lots 19 & 20, Concession 7), Ward 5 - Information & Recommendation Report 1. That Report DEV Revision to Draft Plan Approval for Subdivision S-S Lalu Peninsula Inc. - Vacant residential land on the south side of Castle Harbour Drive, east of Simcoe Street (Part Lots 19 & 20, Concession 7), Ward 5 - Information & Recommendation Report, be received; and 2. That the Region of Durham be advised that the Township has no objection to the proposed revisions to the draft plan of subdivision and that Report DEV be forwarded to the Region of Durham Planning Department as the Township s comments on this matter. 1. Background: 1.1. Introduction On May 22, 2018, the Region of Durham circulated notice of an application to revise the conditions of draft plan approval for a residential subdivision to be located on the south side of Castle Harbour Drive, east of Simcoe Street, Port Perry. The property was formerly owned

47 S-S Lalu Peninsula Inc. Information & Recommendation Report September 17, Development Services Planning by Canadian Dairy Manufacturing (CDM) and was purchased by Lalu Peninsula Inc. in April, The proposed revision will implement the requirements of Kawartha Region Conservation Authority (KRCA) to ensure the creation of new lots occur outside of the Provincially Significant Wetland and the floodplain associated with Lake Scugog. The revision will also ensure that appropriate blocks have been established for Environmental Protection, stormwater management and wetland compensation Location and Context Location: Part Lots 19 & 20, Concession 7 (Vacant residential land on the south side of Castle Harbour Drive, east of Simcoe Street, Port Perry), Roll # , Ward 5 Attachment 1 shows the proposed revisions to the plan of subdivision. The flood line is identified in blue and the wetland compensation areas are identified in green. 2. Discussion: 2.1. Proposal Lalu Peninsula Inc. is the new owner of this hectare parcel of land along the shoreline of Lake Scugog within the urban area of north Port Perry. It is the intention of the new owner to develop the plan of subdivision in accordance with the draft plan approval, subject to updates to several of the supporting studies. Meetings were held with Regional and Page 2 of 5

48 S-S Lalu Peninsula Inc. Information & Recommendation Report September 17, Development Services Planning Township Staff in April and May, 2017 to determine the updated information required to revise the conditions of draft plan approval that were approved back in March, An updated Environmental Impact Study (August 2017) and Wetland Compensation Plan (April, 2018) were circulated to KRCA for their comments. KRCA is recommending the following revised Conditions of Draft Approval for the plan of subdivision (numbering provided to reflect current list of conditions): 11. The Owner shall ensure that the wetland compensation areas, identified on the Draft Plan as Parts 1, 2, 4-18, are dedicated to the Township of Scugog and are maintained as a naturalized area to the satisfaction of the Kawartha Region Conservation Authority. 13. Prior to any on-site grading or construction or final registration of the Plan, the Owner shall submit and obtain approval from the Township of Scugog and the Kawartha Region Conservation Authority, reports describing the following: a) Pre and post development runoff flows and the intended means of conveying stormwater flow from each lot and the entire proposed development; b) The cut and fill balance and calculations; c) The Owner agrees to submit a Phosphorous Management Plan to the satisfaction of the Kawartha Region Conservation Authority; d) The Owner agrees to submit an Existing and Proposed Water Balance Report, to the satisfaction of the Kawartha Conservation Authority; e) The anticipated impact of the development on water quality, as it relates to fish and wildlife habitat once adequate protective measures have been taken; f) The means whereby erosion and sedimentation and their effects will be minimized on the site during and after construction; g) Site soil conditions, including grain size distribution profiles; h) Site grading plans; and i) Detailed design plans for the wetland compensation areas. 14. The Owner shall submit detailed design plans for the stormwater facility in Blocks 24, 25 and 26, to the satisfaction of the Kawartha Region Conservation Authority and the Township of Scugog. The Owner shall submit to the Kawartha Region Conservation Authority, geotechnical data substantiating that the stormwater management facility would function as intended. In addition, prior to Registration, the Owner agrees to submit a stormwater management operation and maintenance brief, to the satisfaction of the Kawartha Region Conservation Authority. 15. The Owner agrees to have the Regulation limit of Kawartha Region Conservation Authority s Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation (Ontario Regulation 182/06) registered on title of each Page 3 of 5

49 S-S Lalu Peninsula Inc. Information & Recommendation Report September 17, Development Services Planning affected lot. Prior to development occurring on the affected lots, approval from Kawartha Region Conservation Authority (separate Permit) shall be required. 16. The Owner agrees to erect and maintain all stormwater management and erosion sedimentation control structures operating and in good repair during the construction period, in a manner satisfactory to the Kawartha Conservation Authority and/or the Township of Scugog. It is Staff s opinion that KRCA s proposed revisions effectively address the concerns of the Township as they relate to stormwater management and environmental protection. An amendment to the Zoning By-law will not be required as a result of the proposed revision. 3. Conclusion: The proposed revision will implement the requirements of Kawartha Region Conservation Authority (KRCA) to ensure the creation of new lots occur outside of the Provincially Significant Wetland and the floodplain associated with Lake Scugog. The revision will also ensure that appropriate blocks have been established for environmental protection, stormwater management and wetland compensation. Staff recommend that the Region of Durham be advised that the Township has no objection to the proposed revisions to the draft plan of subdivision and that Staff Report DEV be forwarded to the Region of Durham Planning Department as the Township s formal comments on this matter. Respectfully Submitted: Reviewed By: Diane Knutson, CPT Planning Technician Kevin Heritage, MES, MCIP, RPP Director of Development Services Attachments: ATT-1: Proposed Revisions to the Draft Plan of Subdivision Page 4 of 5

50 S-S Lalu Peninsula Inc. Information & Recommendation Report September 17, Development Services Planning ATT-1 Page 5 of 5

51 051 Township of Scugog Staff Report To request an alternative accessible format, please contact the Clerks Department at Report Number: Prepared by: Department: Report To: DEV Rob Vertolli, Planning Technician Development Services Planning Planning & Community Affairs Committee Date: September 17, 2018 Reference: Strategic Direction No.3: Economic Development Report Title: Recommendations: Cannabis Strategy Background Report 1. That Report DEV Cannabis Strategy Background Report", be received; 2. That Staff be authorized to prepare draft amendments to the Scugog Official Plan, Zoning By-law 14-14, and the Site Plan Control By-law, to regulate the siting and design of cannabis production facilities, as well as draft language to be included in the new Development Charges By-law regarding a charge for cannabis production facilities; and, 3. That the draft amendments be forwarded to Council for review and consideration in early 2019, prior to Staff conducting a public open house. 1. Background: 1.1. Introduction In 2018, Staff retained MacNaughton Hermsen Britton Clarkson Planning Limited (MHBC) to prepare a Background Report reviewing options to regulate legal cannabis growing facilities within the Township. Currently, policies found within the Scugog Official Plan and Zoning Bylaw offer no direct or specific regulations pertaining to cannabis cultivation.

52 Cannabis Strategy Background Report September 17, Development Services - Planning At the present time, Staff consider cannabis production as an agricultural use, and is therefore allowed to be cultivated in all zones where such a use is currently permitted. Consequently, under the current system, a cannabis production facility does not necessitate any additional regulatory review in this regard. With the forthcoming legalization of cannabis, coupled with the Township s inherent agricultural nature, the future proliferation of this use is to be expected; requiring changes to the Township s current land use policies and procedures to ensure that the appropriate regulatory review standards are in place moving forward. While there are a number of matters that can be regulated by the municipality under the proposed legislation, this Report specifically deals with land use and financial matters related to legal cannabis production facilities. 2. Discussion: 2.1. Proposal The attached Background Report: Township Considerations for Regulating Cannabis, Facilities was prepared to summarize the key issues inherent with cannabis cultivation and their associated facilities; identify current shortcomings as it pertains to existing land use policy and procedure; and, provide guidance regarding potential amendments to the Township of Scugog Official Plan, Zoning By-law 14-14, as amended, and Site Plan Control By-law Planning Policy Analysis Health Canada Presently, cannabis may only be grown for medical purposes through licenses obtained from Health Canada, limiting the overall demand for legal cannabis grow operations and cultivation facilities. It is anticipated however, that once cannabis becomes a legal commodity beyond medical use, the demand for this product, and the potential economic opportunity for the producers, will create a considerable demand for lands and facilities suitable for cannabis cultivation throughout Canada. As such, Cannabis facilities have the potential to create a number of jobs in the community. Employment levels generated by these uses are anticipated to be consistent with the projected employment levels for designated Employment Lands in the Port Perry industrial area, thus making cannabis facilities an appropriate use of land within employment areas. Previously, under the Marihuana for Medical Purposes Regulations (MMPR), only producers licensed by the Federal government (Health Canada) are permitted to grow cannabis. These regulations were subsequently replaced in August of 2016, by the Access to Cannabis for Medical Purposes Regulations (ACMPR) legislation, which both updated these associated policies, as well as allowed private individuals to grow cannabis. Page 2 of 8

53 Cannabis Strategy Background Report September 17, Development Services - Planning The ACMPR enables Health Canada to regulate commercial licensed producers through: Requirements pertaining to obtaining and maintaining a licence; Establishing personnel security measures; Specifying authorized activities, including good production practices, packaging, shipping, labeling, import and export requirements, and record-keeping requirements; and, Client registration and ordering requirements. Notwithstanding any associative Building Permit, or property specific planning approval, the above currently represents the only supplementary review required in the construction of a cannabis production facility Provincial Policy The PPS and Provincial Plans support the protection of agricultural lands for agricultural purposes and the preservation of employment lands. Cannabis production is therefore permitted on both agricultural lands and in employment areas as an industrial use Region of Durham In general terms, the Durham Regional Official Plan (DROP) strongly supports economic development; development of Employment areas; and, the protection of prime agricultural lands. These objectives are balanced with the desire to protect the natural environment, including natural heritage features, and key hydrologic features. The DROP would permit cannabis production facilities in rural, agricultural, and employment areas. That being said, the Region does not have a specific policy that directly addresses cannabis production Scugog Official Plan The Scugog Official Plan currently makes no reference to cannabis production facilities. The majority of the Township is designated as Agricultural by the Scugog Official Plan. The permitted uses within this designation includes commercial greenhouses and nurseries, as well as farm-related industrial uses that directly service and support the agricultural industry. Similarly, the policies associated with lands subject to the Employment Areas designation ( Prestige Industrial and General Industrial ) encourage manufacturing uses that are synonymous with large scale cannabis cultivation - most evident in the processing, warehousing, and in the provision of distribution facilities Township of Scugog Zoning By-law Zoning By-law defines agricultural uses to include the growing of crops, including nursery and horticultural crops, raising of livestock, raising of other animals for food or for fibre, etc. Page 3 of 8

54 Cannabis Strategy Background Report September 17, Development Services - Planning Given the generality of the language, and the lack of specificity as it pertains to the growing of crops, cannabis cultivation can be viewed as an agricultural use, as defined in the Zoning By-law. It is therefore permitted in the following zones: Agricultural (AG); Environmental Protection (EP); Recreational (RE); Oak Ridges Moraine - Agricultural (ORM-AG); Oak Ridges Moraine - Environmental Protection (ORM-EP); Oak Ridges Moraine Recreational (ORM-RE); Rural Industrial (M3); Extractive Industrial (M4); and, Open Space (OS) Additionally, the small scale labs associated with cannabis cultivation are considered an accessory use within the Agricultural (AG), Environmental Protection (EP), Recreational (RE), Oak Ridges Moraine Agricultural (ORM-AG), Oak Ridges Moraine - Environmental Protection (ORM-EP), Oak Ridges Moraine Recreational (ORM-RE), and Open Space (OS) zones. More substantial labs however are only permitted within the Rural Industrial (M3) and Extractive Industrial (M4) zones. In order to allow a Cannabis Production Facility as a permitted use within the Prestige Industrial (M1) and General Industrial (M2) zones (the Employment Lands), an amendment to Table 11.2 of Zoning By-law would be required Site Plan Control By-Laws and Site Plan Control provides the Township with a tool that ensures that potential development is designed to be: appropriate, safe, functional, and to minimize the potential impacts on neighbouring properties. Currently, the Township s Site Plan Control By-law applies to all industrial and commercial uses. Notwithstanding agricultural structures exceeding 500 square metres (5,200 square feet) located within the Oak Ridges Moraine, agricultural uses are exempt from the Site Plan Control By-law Planning Issues As identified by the attached Background Report, the proposed amendments should consider the following issues that are resultant of cannabis production and cultivation: Odour: Cannabis cultivation produces a pungent odour. With the potential proliferation of cannabis production facilities within the Township, policies should be considered to ensure that all resultant odors are appropriately managed. These regulations would most likely mirror current Federal regulations responsible for mitigating odour related issues. Page 4 of 8

55 Cannabis Strategy Background Report September 17, Development Services - Planning Traffic: Large scale cannabis production facilities will employ a significant number of employees, as well as result in a high level of delivery-related traffic. Additionally, due to the labour intensive nature of cannabis cultivation and production, continuous shift-work is also common place. Locational criteria for permitting these uses should be considered to ensure that the road system can accommodate potential traffic volumes. Additionally, should the proposed cannabis production facility be located outside of the designated Employment Areas, the Township should require these facilities to be situated on either an arterial, or collector road. Security: As a result of the value of the product, as well as the associated equipment contained on site, security related to a cannabis production facility poses atypical concerns to that of a traditional agricultural or industrial use. From a land use compatibility perspective, the Township should consider a minimum separation distance between cannabis facilities and sensitive land uses, such as residences and community facilities. Building Appearance & Scale: Due to the inherent nature of the proposed use, cannabis production facilities have the potential to be both large and bulky. The Township should consider the implementation of design criteria to be included in planning documents to ensure that such facilities are able to integrate into the character of the existing environments. Lighting: Site security requires the adequate lighting of facilities on a 24 hour basis. The Township, through Site Plan Approval, should consider requiring dark-sky friendly lighting on these sites to ensure they are compatible with nearby sensitive land uses. Water, Wastewater, & Stormwater: Large cannabis production facilities have the potential to require substantial amount of water, and produce large amounts of wastewater and stormwater that are typically associated with operations occurring on municipal services. In considering cannabis production facilities operating on private services, a provision managing water usage, wastewater, and stormwater should be considered. Impact on Agriculture: While cannabis facilities are recognized as an agricultural use, the Township should consider implementing locational restrictions within its planning documents to preserve prime agricultural lands for the cultivation of other outdoor crops. Page 5 of 8

56 Cannabis Strategy Background Report September 17, Development Services - Planning As outlined in the attached Background Report, the Township should ultimately consider preparing specific Official Plan policies and Zoning By-law regulations to govern the appropriate siting and design of cannabis production facilities. This Background Report identifies the following areas in which amendments could be considered: A. Official Plan Update the Official Plan to identify Cannabis Production Facilities as a permitted use within Agricultural, Prestige Industrial, and General Industrial designations. Establish Official Plan policies and criteria to evaluate applications for Site Plan Approval and Zoning By-law Amendments to permit cannabis facilities, including land use compatibility policies. Establish site design guidelines for the establishment of cannabis production facilities. B. Zoning By-law Define a Cannabis Production Facility within the Zoning By-law. Permit a Cannabis Production Facility as-of-right in industrial zones; Permit Cannabis Production Facility as-of-right in agricultural and rural areas. Establish specific lot size requirements, building location and size requirements in the Zoning By-law. This will ensure that building sizes are an appropriate scale for a site and area. Establish specific setback distances from sensitive land uses. C. Site Plan Amend the Township Site Plan Control By-law to enable the Township to require Site Plan Applications for all cannabis facilities. D. Development Charges Prepare language to be included in the new Development Charges By-law regarding a charge for cannabis facilities or similar greenhouse facilities Retail Locations In October of 2017, the Province wrote to all municipalities in Ontario to outline the process for identifying potential cannabis retail locations. This process was to originally be governed Page 6 of 8

57 Cannabis Strategy Background Report September 17, Development Services - Planning by the Liquor Control Board of Ontario (LCBO), and would utilize provincially managed locations. Recent changes as a result of the provincial election has seen this model shift to exclusively private retail locations. Along with this shift, the provincial government will also provide municipalities with a one-time window under which they may choose to opt-out in permitting cannabis retail stores within their boundaries. The province has yet to determine the start and end dates for this opt out period, but has indicated the timeframe will be confirmed prior to the end of the municipal elections. At this time, there is insufficient information regarding the ramifications of either prohibiting or permitting private retail cannabis locations in order to provide a recommendation in this regard. Staff will continue to monitor this situation, and forward a Recommendation Report to Council for review and consideration early in the new year. 3. Financial Implications: By-law establishes Development Charges that apply to various classes of buildings within the Township. The purpose of this levy is to ensure that new growth pays for new capital infrastructure associated with this growth. As per this By-law, agricultural structures are currently omitted from this charge. Given that these fees are calculated against the square footage of a structure, and that cannabis production facilities are, by their very nature, quite large; the lack of Development Charges as it specifically pertains to agricultural structures, represent a significant loss of potential revenue for the Township. 4. Communication Considerations: N/A 5. Conclusion The purpose of this Report is to provide Council and the general public with a summary outline detailing the rationale for future amendments. The attached Background Report: Township Considerations for Regulating Cannabis Facilities is intended to provide background information and possible amendments to both the Official Plan and Zoning Bylaw documents. Any proposed amendments should establish new land use policies to recognize cannabis production facilities as a defined use to be permitted within specific zones, as well as outline the site planning requirements to ensure these sites are developed in an appropriate, safe, and functional manner. Along such lines, technical comments from public agencies, including the Region of Durham, as well as all three Conservation Authorities will be requested, and these comments will help shape any future amendments. Page 7 of 8

58 Cannabis Strategy Background Report September 17, Development Services - Planning A forthcoming Open House will be scheduled for early 2019, with a subsequent Public Meeting scheduled thereafter. Once all pertinent comments have been received, including technical matters from public agencies and/or deputations made at the Public Meeting, Staff will make any necessary revisions to the draft Amendments and forward the revised final draft Amendments to a future Council meeting for consideration and approval. Respectfully Submitted: Reviewed By: Rob Vertolli, Ba. U. R. Pl Planning Technician Kevin Heritage, MES, MCIP, RPP Director of Development Services Attachments: ATT-1: Background Report: Township Considerations for Regulating Cannabis Facilities Page 8 of 8

59 059 BACKGROUND REPORT TOWNSHIP CONSIDERATIONS FOR REGULATING CANNABIS FACILITIES Date: September 11, 2018 Prepared for: Township of Scugog Prepared by: MacNaughton Hermsen Britton Clarkson Planning Limited (MHBC) 113 Collier Street Barrie ON L4M 1H2 T: Ext. 222 F: Our File 12142AN

60 060 Table of Contents 1.0 Purpose Background Policy Review Provincial Policy Durham Region Official Plan Township of Scugog Official Plan Township of Scugog Zoning By-law Site Plan Control By-Laws and Development Charges Planning Issues Best Practices Review Summary... 9 Appendices Appendix 1 Applicable Provincial Policies Appendix 2 Review of Regulations in Other Jurisdictions Background Report Township Considerations for Regulating Cannabis Facilities i

61 Purpose The purpose of this Report is to review options for the regulation of legal cannabis growing facilities in the Township of Scugog through the use of municipal land use planning documents. On April 13, 2017, the federal government tabled legislation to legalize and regulate cannabis in Canada. The effect of this legislation is to enable the use of cannabis for purposes other than medical use. This proposed legislation considers many aspects of the use of this product, however, local governments through land use planning documents will be tasked with managing the land use planning considerations associated with production facilities and the selling of cannabis. Many municipalities in the Province are now considering what appropriate municipal legislation should be in place to regulate the production and sale of cannabis. At the present time, cannabis may be grown under licences from Health Canada, for medical purposes only. Because of this, the extent of the legal medical cannabis grow operations has been limited. Once cannabis becomes a legal commodity beyond medical use, it is anticipated that the demand for the product and potential economic opportunity for the producers will create considerable demand for lands and facilities for growing cannabis throughout Canada. Canada has a potential to be a major supplier of legal cannabis throughout the world. While there are a number of matters that can be regulated by the municipality under the proposed legislation, this Report specifically deals with the land use and planning matters related to the future legal cannabis growing facilities. 2.0 Background Since the legalization of cannabis for medical purposes, the Township has received and processed applications to establish cannabis facilities. The Township has considered growing of cannabis as an agricultural use and has not specifically defined the use in the Zoning By-law or Official Plan as being any different from any other form of agricultural use. In many respects, the growing of the product is not different than the growing of mushrooms, cucumbers or tomatoes, which is can occur in a fully enclosed building with a controlled environment and growing medium, often with the use of hydroponics rather than soil. As a result, the use is agricultural and could occur on rural, agricultural or industrial lands. Cannabis production facility buildings generally contain the following components: a controlled entrance providing reception and security; an office; growing areas; Background Report Township Considerations for Regulating Cannabis Facilities 1

62 062 processing areas; a lab for testing the quality of the product; packaging; secure storage; shipping; mechanical facilities; and, facilities for staff including change rooms, washrooms. Figure 1 is an image of the Canopy Growth Corporation facility in Smithville Ontario. Figure 1: Canopy Growth Corporation Facility Large-scale cannabis growing operations require a considerable amount of employees to produce, harvest process, administer and secure the operations. Often shift work exists due to workloads. Background Report Township Considerations for Regulating Cannabis Facilities 2

63 Policy Review 3.1 Provincial Policy Any decision to amend the Townships Official Plan or Zoning By-law must be consistent with the Provincial Policy Statement (PPS), conform to the Growth Plan for the Greater Golden Horseshoe, conform to the Greenbelt Plan and conform to the Oak Ridges Moraine Plan. The applicable provincial policies are provided in Appendix 1. The PPS and Provincial Plans support the protection of agricultural lands for agricultural purposes and the preservation of employment lands. Growing operations are permitted on both agricultural lands and in employment areas as industrial uses. 3.2 Durham Region Official Plan The Durham Region Official Plan (DROP) is generally up to date, is consistent with the Provincial Policy Statement and conforms to the Provincial Plans. In general terms, the Regional Official Plan strongly supports economic development, development of Employment areas and protection of prime agricultural lands. These objectives are balanced with the desire to protect the natural environment, including natural heritage features and key hydrologic features. The DROP would permit cannabis growing operations in rural, agricultural and employment areas. 3.3 Township of Scugog Official Plan The Official Plan for the Township of Scugog currently makes no reference to cannabis growing operations. The majority of the lands outside of the settlement areas and environmentally protected lands in the Township are designated Agricultural. The permitted uses in that designation include commercial greenhouses and nurseries and farm-related industrial uses that directly service and support the agricultural industry and require locations in close proximity to farming operations. The Employment Area policies encourage all forms of industrial and manufacturing uses. Growing cannabis in a fully enclosed building that includes processing is clearly permitted in the Employment Areas, as would any other form of pharmaceutical manufacturing. If the operation were to be located in the Prestige Employment Area, greater attention to the design of the building and landscaping of the surrounding lands would be required. It may be difficult to meet the Health Canada Background Report Township Considerations for Regulating Cannabis Facilities 3

64 064 security requirements while also satisfying the Township s design guidelines for Prestige Employment Areas. It is noted that following approval of the Official Plan in 2010, the 2015 Provincial Policy Statement was enacted by the Province. The PPS (2015) expands the uses permitted on agricultural lands in an attempt to diversify the agricultural economy in the Province of Ontario. The Township Official Plan and the Regional Official Plan have not been updated to reflect the 2015 PPS. Both the Oak Ridges Moraine Plan and Greenbelt Plan, which in the Township of Scugog have been updated in 2017 to permit a wider range of uses of agricultural lands. There may be opportunities to enhance the number of uses permitted within the current Agricultural designation in accordance with the provincial documents. 3.4 Township of Scugog Zoning By-law The Zoning By-law of the Township regulates land uses in the Township. The definition of agricultural uses in the Zoning By-law includes the growing of crops, including nursery and horticultural crops, raising of live stock, raising of other animals for food or for fibre, etc. The definition specifically precludes the excavation of top soil or peat but does not specifically reference cannabis. Given the generality of the language the growing of crops, growing cannabis is an agricultural use as defined in the Zoning By-law. This is the historic interpretation that has been correctly applied by the Municipality. Figure 2: Tweed Ontario Medical Cannabis Greenhouse Background Report Township Considerations for Regulating Cannabis Facilities 4

65 065 Figure 3: Indoor Medical Cannabis Grow Operation As long as Health Canada is requiring both the growing and the processing of the cannabis to occur within the same building, the use could be considered an agricultural or industrial use, depending on the location being in an a rural/agricultural area or an industrial area. 3.5 Site Plan Control By-Laws and The Municipality s Site Plan Control By-law applies to all industrial and commercial uses. However, agricultural uses are exempt from the Site Plan By-law except in the Oakridges Moraine area where the agricultural use exceeds 500 square metres (5,200 square feet). If the Township is to apply Site Plan Control equally to cannabis facilities in the rural/agricultural area and employment areas, an update to the Site Plan Control By-law would be required. 3.6 Development Charges By-law establishes Development Charges that apply to various classes of buildings in the Township. The purpose of the charge is to ensure that new growth pays for new capital infrastructure associated with new growth. There is no development charge on agricultural buildings in the Township of Scugog. The current development charge on industrial uses is $31.14 per square metre. As an industrial use, a 10,000 square Background Report Township Considerations for Regulating Cannabis Facilities 5