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HomeMy WebLinkAbout02-05-2018Final Council Agenda Date: February 5, 2018 Time: 7:00 PM Place: Council Chambers, 2nd Floor Municipal Administrative Centre 40 Temperance Street Bowmanville, Ontario Inquiries & Accommodations: For inquiries about this agenda, or to make arrangements for accessibility accommodations for persons attending, please contact: Michelle Chambers, Administrative Assistant to the Clerk, at 905-623-3379, ext. 2101 or by email at mchambers@clarington.net. Alternate Format: If this information is required in an alternate format, please contact the Accessibility Coordinator, at 905-623-3379 ext. 2131. Audio Record: The Municipality of Clarington makes an audio record of Council meetings. If you make a delegation or presentation at a Council meeting, the Municipality will be audio recording you and will make the recording public by publishing the recording on the Municipality’s website. In addition, please be advised that some of the Council meetings may be video recorded. Cell Phones: Please ensure all cell phones, mobile and other electronic devices are turned off or placed on non-audible mode during the meeting. Copies of Reports are available at www.clarington.net Council Agenda Date: February 5, 2018 Time: 7:00 PM Place: Council Chambers Page 2 Call to Order Moment of Reflection Declaration of Interest Announcements Adoption of Minutes of Previous Meeting(s) Council Minutes Minutes of a regular meeting of Council January 15, 2018 Page 6 Presentations There are no Presentations scheduled for this meeting as of the time of publication. Delegations Kim Taylor, Regarding Report CAO-002-18, Potential Locations for Durham Hospice – Clarington (Item 7 of the Planning and Development Committee Report) Greg Smith, Regarding Addendum to Report PSD-090-17, Applications by Tornat Newcastle Limited for a mixed-use development at King Avenue West and Rudell Road, Newcastle (Unfinished Business Item 13.1) Margaret Maskell, Regarding Addendum to Report PSD-090-17, Applications by Tornat Newcastle Limited for a mixed-use development at King Avenue West and Rudell Road, Newcastle (Unfinished Business Item 13.1) Mark Murphy, Project Manager, Lakeridge Health, Regarding Report CAO-002-18, Potential Locations for Durham Hospice – Clarington (Item 7 of the Planning and Development Committee Report) Jill Richardson, Durham Hospice Clarington, Regarding Report CAO-002-18, Potential Locations for Durham Hospice – Clarington (Item 7 of the Planning and Development Committee Report) Communications – Receive for Information There are no Communications to be received for information as of the time of publication. Council Agenda Date: February 5, 2018 Time: 7:00 PM Place: Council Chambers Page 3 Communications – Direction Clarington Heritage Committee Victor Suppan, Chair, Clarington Heritage Committee, regarding House of Commons Standing Committee Recommendation Report on Preserving Canada’s Heritage (Motion to Endorse) Page 13 Confidential Memo from Robert Maciver Confidential Memo from Robert Maciver, Municipal Solicitor, regarding OMB Appeal by Tornat Newcastle Limited [Distributed Under Separate Cover] (Motion to Refer to the Consideration of Addendum Report to PSD-090-17) (Unfinished Business Item 13.1) Memo from David Crome Memo from David Crome, Director of Planning Services, regarding CAO-002-18 Report, Durham Hospice location, permission to amend the Clarington Official Plan (Motion to Refer to the Consideration of Report to CAO-002-18) (Item 7 of the Planning and Development Committee Report) Suzanne Elston Suzanne Elston regarding, PSD-011-18, Southeast Courtice Secondary Plan Study – Terms of Reference (Motion to Refer to the Consideration of Report to PSD-011-18) (Item 4 of the Planning and Development Committee Report) Committee Reports Advisory Committee Reports 10.1.1 Agricultural Advisory Committee Minutes Minutes of the Agricultural Advisory Committee dated January 11, 2018 Page 15 Council Agenda Date: February 5, 2018 Time: 7:00 PM Place: Council Chambers Page 4 10.1.2 Abandoned Cemetery Committee Minutes Minutes of the Abandoned Cemetery Committee dated December 7, 2017 Page 18 10.1.3 Heritage Committee Minutes Minutes of the Heritage Committee dated January 16, 2018 Page 20 10.1.4 Museum Minutes Minutes of the Clarington Museum and Archives Board dated January 17, 2018 Page 26 General Government Committee General Government Committee Report of January 22, 2018 Page 33 Special General Government Committee Special General Government Committee Report of January 26, 2018, and January 29, 2018 [To be considered with Unfinished Business Item 13.2] Page 40 Planning & Development Committee Planning and Development Committee Report of January 29, 2018 Page 44 Staff Reports None Business Arising from Procedural Notice of Motion Unfinished Business Addendum to PSD-090- 17 Applications by Tornat Newcastle Limited for a mixed-use development at King Avenue West and Rudell Road, Newcastle (Referred from the December 11, 2017 Council Meeting) Page 47 Resolution #GG-079-18 Resolution #GG-079-18 (Tabled from the January 29, 2018 Special General Government Committee Meeting) [To be considered with Committee Report Item 10.3] Page 107 Council Agenda Date: February 5, 2018 Time: 7:00 PM Place: Council Chambers Page 5 By-laws 2018-009 Being a By-law Exempt a Certain Portion of Registered Plan 40M-2590 2018-010 Being a by-law to provide for the establishment and adoption of an Emergency Management Program for the Municipality of Clarington (Item 6 of the General Government Committee Report) 2018-011 Being a by-law to establish certain lands as public highways (Item 9 of the General Government Committee Report) 2018-012 Being a by-law to amend By-law 2015-029, a By-law to govern the proceedings of the Council of the Municipality of Clarington, its General Government Committee, its Planning and Development Committee, and Special Committees, regarding sections related to changes under the Municipal Conflict of Interest Act (Item 11 of the General Government Committee Report) 2018-013 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Item 8 of the Planning and Development Committee Report) 2018-014 Being a By-law to exempt a certain portion of Registered Plan 40M-2593 from Part Lot Control Procedural Notices of Motion Other Business Confirming By-Law Adjournment Council Minutes January 15, 2018 - 1 - If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 Minutes of a regular meeting of Council held on January 15, 2018, at 7:00 PM, in the Council Chambers. Present Were: Mayor A. Foster, Councillor S. Cooke, Councillor R. Hooper, Councillor J. Neal, Councillor W. Partner, Councillor C. Traill, Councillor W. Woo Staff Present: A. Allison, R. Albright until 7:30 PM, J. Caruana until 7:30 PM, D. Crome until 7:30 PM, F. Horvath until 7:30 PM, M. Marano, R. Maciver, N. Taylor, G. Weir until 7:30 PM, A. Greentree, M. Chambers 1 Call to Order Mayor Foster called the meeting to order at 7:00 PM. 2 Moment of Reflection Councillor Neal led the meeting in a moment of reflection. 3 Declaration of Interest There were no disclosures of interest stated at this meeting. 4 Announcements Members of Council announced upcoming community events and matters of community interest. 5 Adoption of Minutes of Previous Meeting Resolution #C-001-18 Moved by Councillor Traill seconded by Councillor Woo That the minutes of the regular meeting of the Council held on December 11, 2017, be approved. Carried 6 Council Minutes January 15, 2018 - 2 - 6 Presentations 6.1 Clarington Knights Pee Wee Football - 2017 Ontario Football League Champions Mayor Foster presented Certificates of Recognition to the following members of the Clarington Knights Pee Wee Football team for winning the 2017 Ontario Football League Championship: Cody O'Hara, JJ Whelan, Jack Waterman, Jacob Longo, Jaxon Perry, Aodan Watson, Keagan Watson, Lucus Seiffert, Mathew Seiffert, Dallas Patchen, Caleb Landry, Noah Kowch, Shawn Puddicombe, Hayden Jackson, Cameron Vondette, Ryland Thomson, Ewan Lloyd, Christiano Ciancone, Domenic D'Ambrosio, Chris Dufty Head Coach, Chris Landry, Coach, Spencer Holder, Coach, Sheri Stil, Team General Manager, and Andy Venning, Club General Manager. The following team member and coaches were not in attendance: Malachi Sowunmi, Jalen Connell, Jacob Bartholdt, Jason Connell, Coach and Jay Palmer, Coach. 7 Delegations The delegation of Veridian Corporation was heard later in the meeting. 8 Communications – Receive for Information There were no Communications to be received for information. 9 Communications – Direction 9.1 Andre O’Bumsawin, Regarding Report PSD-006-18, 2018 Seasonal Sidewalk Patios Program; Application, Guidelines and Approval Procedures (Item 10 of the Planning and Development Committee Report) Resolution #C-002-18 Moved by Councillor Partner, seconded by Councillor Traill That Communication Item 9.1 from Andre O’Bumsawin be referred to the consideration of Report PSD-006-18, 2018, Seasonal Sidewalk Patios Program; Application, Guidelines and Approval Procedures (Item 10 of the Planning and Development Committee Report). Carried 7 Council Minutes January 15, 2018 - 3 - 10 Committee Reports 10.1.1 Accessibility Advisory Committee Minutes Minutes of the Accessibility Advisory Committee dated December 6, 2017 10.1.2 Museum Minutes Minutes of the Clarington Museum and Archives Board dated November 8, 2017 and December 13, 2017 [November 8, 2017 Closed minutes distributed under separate cover] 10.1.3 Agricultural Advisory Committee Minutes Minutes of the Agricultural Advisory Committee dated December 14, 2017 Resolution #C-003-18 Moved by Councillor Partner, seconded by Councillor Traill That Advisory Committee Report Items 10.1.1 and 10.1.3, be approved, with the exception of 10.1.1. Carried Item 10.1.1 – Accessibility Advisory Committee Minutes Resolution #C-004-18 Moved by Councillor Partner, seconded by Councillor Traill Whereas the Accessibility Advisory Committee sometimes has challenges achieving quorum at meetings; and Whereas the Terms of Reference allows for 7-10 voting members to be appointed to the Committee; and Whereas the Accessibility Advisory Committee currently has 8 members; Now Therefore it be Resolved that the Municipal Clerk be requested to advertise for 1 additional member of the Accessibility Advisory Committee; and That the December 6, 2017 Accessibility Advisory Committee Minutes be approved. Carried 8 Council Minutes January 15, 2018 - 4 - 10.2 General Government Committee Report of January 2, 2018 Resolution #C-005-18 Moved by Councillor Cooke, seconded by Councillor Hooper That the recommendations contained in the General Government Committee Report of January 2, 2018, be approved, on consent. Carried 10.3 Planning & Development Committee Report of January 8, 2018 Resolution #C-006-18 Moved by Councillor Neal, seconded by Councillor Hooper That the recommendations contained in the Planning & Development Committee Report of January 8, 2018 be approved, on consent, with the exception of item #9. Carried Item 9 –Applications for Draft Plan of Subdivision and Rezoning by Lindvest Properties (Clarington) Limited to develop a former school block as a 51 lot subdivision in Newcastle Resolution #C-007-18 Moved by Councillor Neal, seconded by Councillor Traill That Report PSD-005-18-17, Regarding Applications for Draft Plan of Subdivision and Rezoning by Lindvest Properties (Clarington) Limited to develop a former school block as a 51 lot subdivision in Newcastle, be referred to the Planning and Development Committee meeting of January 29, 2018. Carried 11 Staff Reports None 12 Business Arising from Procedural Notice of Motion 13 Unfinished Business There are no Unfinished Business items scheduled for this meeting. 9 Council Minutes January 15, 2018 - 5 - Recess Resolution #C-008-18 Moved by Councillor Neal, seconded by Councillor Cooke That Council recess for 30 minutes. Carried The meeting reconvened at 8:00 PM. 7 Delegations 7.1 Proposed Amalgamation of Veridian Corporation and Whitby Hydro Energy Corporation Closed Session Resolution #C-009-18 Moved by Councillor Hooper, seconded by Councillor Partner That, in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing a matter that deals with the following: • Advice that is subject to solicitor-client privilege, including communications necessary for that purpose, • A trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the Municipality which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization, • A trade secret or scientific, technical, commercial or financial information that belongs to the Municipality or local board and has monetary value or potential monetary value, and • A position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality. Carried Rise and Report The meeting resumed in open session at 9:17 PM. Mayor Foster advised that one item was discussed in “closed” session in accordance with Section 239(2) of the Municipal Act, 2001 and no resolutions were passed. 10 Council Minutes January 15, 2018 - 6 - Resolution #C-010-18 Moved by Councillor Neal, seconded by Councillor Cooke That the closed meeting delegation of Michael Angemeer, Veridian, Troy MacDonald, Grant Thornton, and Jeremy Burke Aird & Berlis LLP, regarding the proposed amalgamation of Veridian Corporation and Whitby Hydro Energy Corporation, be received for information. Carried 14 By-laws Resolution #C-011-18 Moved by Councillor Hooper, seconded by Councillor Cooke That leave be granted to introduce By-laws 2018-001 to 2018-006 14.1 2018-001 Being a by-law to designate the property known for municipal purposes as 2020 Lambs Road, Municipality of Clarington as a property of historic or architectural value or interest under the Ontario Heritage Act, R.S.O. 1990, Chapter 0.18 (Approved by Council on November 20, 2017) 14.2 2018-002 Being a by-law to amend Procedural By-law 2015-029 (Item 8 of the General Government Committee Report) 14.3 2018-003 Being a By-law to adopt Orono Community Improvement Plan Amendment No. 2 (Item 5 of the Planning and Development Committee Report) as amended in Section 4.5, Housing Growth of Schedule “A” of By-law 2018-003 to delete “should” and replace it with “may”, so that it reads: “While the Region has refused the expansions, it has recognized that an expansion may be explored through the next comprehensive review of the Durham Regional Official Plan.” 14.4 2018-004 Being a By-law to adopt Bowmanville Community Improvement Plan Amendment (Item 5 of the Planning and Development Committee Report) 14.5 2018-005 Being a By-law to adopt Newcastle Village Community Improvement Plan Amendment (Item 5 of the Planning and Development Committee Report) 14.6 2018-006 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Item 6 of the Planning and Development Committee Report) That the said by-laws be approved. Carried 11 Council Minutes January 15, 2018 - 7 - 15 Procedural Notices of Motion There were no Procedural Notices of Motion introduced under this Section of the Agenda. 16 Other Business None 17 Confirming By-Law Resolution #C-012-18 Moved by Councillor Hooper, seconded by Councillor Cooke That leave be granted to introduce By-law 2018-008, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 15th day of January, 2018, and That the said by-law be approved. Carried 18 Adjournment Resolution #C-013-18 Moved by Councillor Partner, seconded by Councillor Neal That the meeting adjourn at 9:20PM. Carried ___________________________ ___________________________ Mayor Municipal Clerk 12 January 22, 2018 Mayor and Members of Council, Re: House of Commons Standing Committee Recommendation Report on Preserving Canada’s Heritage In December 2017, the federal House of Commons Standing Committee on Environment and Sustainable Development outlined seventeen recommendations to the federal government geared towards improving the protection and conservation of Canada’s national heritage in a report titled ‘Report 10: Preserving Canada’s Heritage’. The Standing Committee submitted the report to the federal Minister of the Environment and requested that the federal government table a comprehensive response to this Report which is expected in the House of Commons in March 2018. Community Heritage Ontario (CHO) has requested that the Clarington Heritage Committee and Clarington Council each support the recommendations in writing to the Minister of Environment. In particular, CHO is seeking the emphasized support for recommendation number eleven which is for a proposed tax credit for the restoration and preservation of buildings listed on the Canadian Register of Historic Places. Heritage properties in Clarington could benefit from such a federal tax credit as it would provide financial assistance in the conservation of valued heritage buildings. Currently, Clarington has four properties on the Canadian Register of Historic Places. At its January 16, 2018 meeting, the Clarington Heritage Committee (CHC) passed a resolution indicating support for the recommendations contained in the report and recommended that Clarington Council do the same. The CHC passed motion 18.04 which is a proposed resolution that Council can adopt should it agree to support of the recommendations (attached). The CHC appreciates your consideration in this matter. Respectfully, Victor Suppan, Chair, Clarington Heritage Committee Attachment: Proposed resolution from January 16, 2018 CHC meeting 13 Page | 2 Moved: K. Warren Seconded: F. Aleksanderek Whereas the federal House of Commons Standing Committee on Environment and Sustainable Development has identified seventeen recommendations to the federal government and its agencies contained in ‘Report 10’ to improve the protection and preservation of Canada’s national heritage; Whereas Community Heritage Ontario (CHO) is seeking the support of the Clarington Heritage Committee and Municipal Council by writing to the federal Minister of Environment with copies to the Minister of Finance and the members of federal Parliament supporting the seventeen recommendations; Whereas recommendation number eleven for a proposed tax credit for restoration and preservation work on buildings listed in the Canadian Register of Historic Places is emphasized for support as it can assist in the conservation of privately owned heritage properties within the Municipality; Whereas the Clarington Heritage Committee has provided a letter of support for the seventeen recommendations with an emphasis on supporting recommendation number eleven and is recommending that Clarington Council also provide similar written support to the federal government; Now therefore Be it Resolved That Clarington Council supports the seventeen recommendations of the federal House of Commons Standing Committee on Environment and Sustainable Development as contained in ‘Report 10’ regarding the preservation of Canada’s heritage, and in particular, recommendation number eleven; and Further that this resolution be circulated to the federal Minister of Environment and Climate Change, with copies to the Minister of Finance and the members of federal Parliament. 14 Agricultural Advisory Committee of Clarington January 11, 2018 Agricultural Advisory Committee of Clarington Meeting Thursday, January 11, 2018 Members Present: John Cartwright Brenda Metcalf Don Rickard Tom Barrie Henry Zekveld Eric Bowman Ted Watson Les Caswell Richard Rekker Regrets: Elgin Greenham, Jennifer Knox, Councillor Wendy Partner Guests: Mike Kopansky, Kyle Schumacher of Miller Waste Systems Rob Maciver, Municipal Solicitor Staff: Amy Burke, Faye Langmaid, Planning Services Brenda welcomed all to the meeting, with introductions. Adoption of Agenda 018-01 Moved by Eric Bowman, seconded by John Cartwright “That the Agenda for January 11, 2018 be adopted” Carried Approval of Minutes 018-02 Moved by Tom Barrie, seconded by Eric Bowman “That the minutes of the December 14, 2017 meeting be approved” Presentation Mike Kopansky and Kyle Schumacher from Miller Waste provided a presentation on Anaerobic Digestion and other aspects of waste composting. Miller is a 100% Canadian owned integrated waste management company. They service over 50 municipalities and collect over a million tonnes of material annually. They have been diverting organics since 1990, own and operate 3 composting facilities in the GTA. Partnership with Maryland Farms of Kawartha Lakes, a 5th generation family dairy farm with 600 cattle, crop over 2500 acres. The farm has two digesters and older technology that they used for manure with the digestate becoming bedding material. Newer FITEC Anaerobic Digester to process energy slurry from Miller. The reason for the partnership 15 Agricultural Advisory Committee of Clarington January 11, 2018 was because Maryland had been awarded a FIT contract for energy production and had an existing Environmental Compliance Approval from the Ministry of Environment and Climate Change for Anaerobic Digestion that could be amended. The older technology digester could not handle the food waste and contaminates in the process. The energy slurry provided by Miller does not contain contaminates and provides a better quality of digestate that is field applied in place of fertilizer. The energy slurry provided by Miller is from Durham Region’s residential green bin composting operations that Miller pre-processes prior to delivering as “energy slurry” to Maryland. Only about one third of the green waste goes to Maryland. Food and organics in landfill generate greenhouse gases and requires considerable landfill space, 93% of emissions from the waste sector is from landfilled food and organic waste. It is forecasted, Ontario will need 16 new or expanded landfills by 2050 is nothing is done. Current posting on the Environmental Registry titled “Food and Organic Waste Framework” has comments due by Jan 15, 2018. Province is attempting to address organics in waste and may ban them which will increase costs for restaurants, flower shops and other businesses that produce organic wastes. Will also affect ICI sector and multi-residential (high rise) buildings. Business Arising Tom Barrie provided a listing of farms where the milk trucks, feed deliveries and egg shipments are now arriving very early in the day for Operations. This listing has been mapped and distributed to the snow clearing crews. Farm field 911 numbers (Emily Project). The information was sent along to the Fire Chief, his question is who will pay for the signs. Faye will discuss further with him. There is also the issue of cell and broadband coverage. Correspondence and Committee Reports 018-03 Moved by Tom Barrie, seconded by Les Caswell “That the correspondence from Jim Abernethy regarding Agro-Forestry in the ORM Zoning Bylaw 2005-109 be accepted and no further action on the specifics of the site be taken by the committee; the committee will provide input on zoning through the Zone Clarington process.” 2017 Accomplishments: Brenda attended the Planning and Development Committee meeting on Monday, January 8th. The accomplishments list will be sent out to committee members as a summary of what was discussed at committee meetings in 2017. Brenda’s delegation was well received by members of Council, with a number of follow-up questions and thanks to the Committee members for their ongoing work and insights. Durham Agriculture Advisory Committee: No meeting since our last meeting. 16 Agricultural Advisory Committee of Clarington January 11, 2018 Durham Region Federation of Agriculture: No meeting since our last meeting Clarington Board of Trade: CBOT is working with the members of the agricultural sector to determine the focus and messaging for the creation of a video about local agriculture. The scheduling with the videographer and timing of farm harvests has been a challenge. AACC members are invited to submit topics and speaker ideas to CBOT for the 2018 annual CBOT Agricultural Summit. New Business Engage Clarington, Amy provided an overview of the new engagement web tool for the Municipality. Since the first item listed for input is rural living it is hoped the committee members will use it. Link will be sent out to members. Individuals must complete the registration process on the website in order to submit comments, questions and use the map pinning tool. Of particular interest would be the information on road issues on the map feature. Zone Clarington, Amy circulated the existing definitions that appear in the two zoning by-laws that Clarington has which relate to agriculture and forestry - 2005-109 is the Oak Ridges Moraine By-law and 84-63 is southern Clarington. Some of the definitions come from earlier by-laws such as Township of Darlington, Township of Clarke, Town of Bowmanville and Village of Newcastle when 84-63 replaced them in 1984. The table also indicated where certain agriculture and forestry uses were permitted as-of-right in the existing zoning by-laws. At the next meeting we will review the definitions and current use permissions. There were questions about agro-forestry and what its actual meaning was. Amy will look for it in the PPS. Municipal Solicitor, Rob introduced himself, he attended to learn more about the Anaerobic Digester as it is one of the items Durham Region is studying. Also, interested in the committee’s input to Zone Clarington. Future Agendas • Someone be invited to speak about the progress being made on Broadband. • (Not yet confirmed) Ontario Farmland Trust • (Not yet confirmed) Hydro One, Harness Saving on the Farm Programs • (Not yet confirmed) Barry and Mark Bragg to speak about their operation and value-added initiatives – John Cartwright to follow up. • (Not yet confirmed) Participation House - Jenni Knox to follow-up. Eric Bowman moved to Adjourn. Next Meeting: Thursday, February 8, 2018 @ 7:30 pm, Melanie Meade, Cci BioEnergy will discuss the small anaerobic digester pilot projects they are working on. 17 Abandoned Cemetery Committee December 7, 2017, 5:30pm Meeting Minutes Present: Angie Ball, Co-Chair Todd Taylor Kim Vaneyk Nancy Trimble Laura Suchan Also in attendance: Anne Greentree, Municipal Clerk Bob Genosko, Parks Supervisor Teresa Aide, Cemetery Services & Records Clerk Absent: John Bate, Elected Chair Jim Lowe Councillor Ron Hooper 1. Minutes Todd requested the Minutes of the June 9, 2016 be corrected to state the approval date of the previous Abandoned Cemetery Committee Meeting as December 3, 2015 and not June 9, 2016. 2. New Business a) Data collection – update Angie Ball informed the Committee that she will be able to work on the data collection over the Christmas Holidays and forward the information to Teresa Aide early in the New Year. Teresa will only have until the end of February to input the data into Stone Orchards, as it is a Municipal Election Year. Nancy will provide the Municipality with links to other websites that have information on Abandoned Cemeteries. b) Potters Cemetery Enfield – needs care Nancy Trimble recently visited the Potters Cemetery Enfield (Old Methodist Cemetery), shared pictures of the cemetery requiring grass cutting. Nancy also visited other cemeteries. She was unable to locate Billings Cemetery, but did manage to attend the Brown Family Cemetery, Coulter-Hamilton Family Plot, and the Smith Family Cemetery. Anne explained the legal status 18 for each cemetery regarding access and Legal will continue the process in spring of 2018. Bob confirmed that each abandoned cemetery is inspected by Municipal staff once a year for health and safety concerns. Bob also confirmed that the stone cleaning policy is to let nature take its course or in some cases mild cleaners may be used but no power washers. c) Future Budgetary Concerns Bob Genosko informed the Committee that the remainder of the 2016 budget went to maintenance after paying the invoice for the obelisk that was restored at the Trulls Cemetery. The entire budget of $10,000 went to maintenance for 2017 and same for 2018. He reported that the cut off for funding requests is September of the preceding year. Nancy requested that Operations repair the fence at Coulter-Hamilton Family Plot and place the monuments appropriately that are leaning against the fence. She also requested that the fence at the Smith Family Cemetery be repaired (at one corner of the fence). 3. New Business Angie Ball expressed interest in members reapplying to this Committee for another term. Anne explained that a review of the Committee’s mandate and the work that has been completed regarding data collection will be reviewed. Should it be concluded that the Committee has fulfilled its mandate, staff will report to Council and Council will determine if there is merit in continuing with the Committee. Nancy will provide the GPS coordinates for the entrance to each abandoned cemetery at the next meeting. Next meeting is scheduled for Thursday, February 22, 2018 @ 5:30pm in Meeting Room 1C. 4. Adjournment The meeting adjourn at 6:35 PM. 19 1 | Page CLARINGTON HERITAGE COMMITTEE Minutes of Meeting January 16, 2018 MEMBERS PRESENT: Todd Taylor, Victor Suppan, Tracey Ali, Filip Aleksanderek, Katharine Warren, Steve Conway, Councillor Hooper, Mark Stanisz, Peter Vogel, Robert Malone REGRETS: None STAFF: David Addington, Planning Services DECLARATION OF PECUNIARY INTEREST None declared. ADOPTION OF AGENDA 18.01 Moved by T. Taylor, seconded by B. Malone THAT the agenda for January 16, 2018 be adopted as amended. “CARRIED” ADOPTION OF MINUTES 18.02 Moved by T. Taylor, seconded by V. Suppan THAT the minutes of the Meeting of November 21, 2017 be accepted as amended. “CARRIED” DELEGATIONS AND PRESENTATIONS BUSINESS ARISING Jury Lands Foundation (Camp 30) – D. Addington reported that the designating by-law for Camp 30 (2020 Lambs Road) passed on January 15, 2018. Goodyear Property – D. Addington reported that the upcoming review of the Bowmanville East Town Centre Secondary Plan will include staff working with a project consultant in regards to assessing redevelopment opportunities and heritage matters for the Goodyear property. Hollingshead Property – No news to report 20 2 | Page REPORTS FROM OTHER COMMITTEES Bowmanville Community Improvement Program – Councillor Hooper reported that the amendment to the CIP was approved by Council on January 15, 2018 and outlined the changes, addition of an accessibility grant and signage grant, deletion of residential properties along Wellington Street. Orono Community Improvement Program – P. Vogel reported that the Orono CIP group met on January 3, 2018 and the following was discussed: • The CIP amendment report was recommended at the January 8 Planning & Development meeting (CIP amendment was passed by Council on January 15, 2018). • The annual report showed that there was one grant application for Orono in 2017. • The Sid Rutherford stone and plaque will be placed at the entrance of the Sid Rutherford walk entrance. Newcastle Community Improvement Program – The amendment to the CIP was approved by Council on January 15, 2018. Architectural Conservancy Ontario, Clarington Branch – T. Ali reported on the following ACO activities: • At its December meeting, grade 6 student Josh presented his speech on Camp 30 • Walking tours at Camp 30 had 170 people attend. • Next meeting is on February 12, 2018 and the Newcastle Village & District Historical Society Room is the venue. • Planning for Doors Open has started with a focus on east Clarington. Newcastle Village & District Historical Society – B. Malone reported on the following NVDHS activities: • Plans are currently being made for the year. • NVDHS is considering applying for a federal grant to help fund the digitization of a vast archive of historical documents to make them publically accessible in association with Durham College who would provide workers. Museum – K. Warren reported on the following Museum activities: • The agricultural exhibit was taken down and a Family Ties exhibit is going up and will be open to the public in February. • A youth group with be started on Thursday nights. • A walking tour focusing on the lives of famous women is planned for Mother’s Day. 21 3 | Page Heritage Week Working Group – D. Addington reported that a proposal for the use of the OPG funds from 2017 has been submitted to OPG for consideration. Their response is currently outstanding. The proposal included the publication and printing of walking tours brochures, a downloadable walking tour app, a dedicated iPad and pop-up banners for the walking tours and a dedication event for Steven Frank’s Clarington Taken photos currently on display in Room 1A of the Municipal building, Bowmanville. CORRESPONDENCE AND COUNCIL REFERRALS Community Heritage Ontario (CHO) – D. Addington reported that CHO is seeking support for the federal recommendations on the preservation of heritage properties both from the Heritage Committee and Council. In particular, CHO is seeking support for a recommendation for a proposed tax credit for the restoration of buildings on the Canadian Register of Historic Places. V. Suppan had drafted a letter in support which had been circulated to the Committee. D. Addington presented the Committee with a resolution to be forwarded to Council stating support for the recommendations. 18.03 Moved by V. Suppan, seconded by T. Taylor THAT the Clarington Heritage Committee support the recommendations of the federal House of Commons Standing Committee on Environment and Sustainable Development, and in particular, recommendation number eleven for a proposed tax credit for the conservation of buildings listed on the Canadian Register of Historic Places and will send a letter of support to the federal government and recommend Clarington Council to do the same. “CARRIED” 18.04 Moved by K. Warren, seconded by F. Aleksanderek That the Clarington Heritage Committee request Council adopt the following resolution Whereas the federal House of Commons Standing Committee on Environment and Sustainable Development has identified seventeen recommendations to the federal government and its agencies contained in ‘Report 10’ to improve the protection and preservation of Canada’s national heritage; Whereas Community Heritage Ontario (CHO) is seeking the support of the Clarington Heritage Committee and Municipal Council by writing to the federal Minister of Environment with copies to the Minister of Finance and the members of federal Parliament supporting the seventeen recommendations; Whereas recommendation number eleven for a proposed tax credit for restoration and preservation work on buildings listed in the Canadian Register of Historic Places is emphasized for support as it can assist in the conservation of privately owned heritage properties within the Municipality; 22 4 | Page Whereas the Clarington Heritage Committee has provided a letter of support for the seventeen recommendations with an emphasis on supporting recommendation number eleven and is recommending that Clarington Council also provide similar written support to the federal government; Now therefore Be it Resolved That Clarington Council supports the seventeen recommendations of the federal House of Commons Standing Committee on Environment and Sustainable Development as contained in ‘Report 10’ regarding the preservation of Canada’s heritage, and in particular, recommendation number eleven; and Further that this resolution be circulated to the federal Minister of Environment and Climate Change, with copies to the Minister of Finance and the members of federal Parliament. “CARRIED” Belmont Residence: • Members of the Committee went on a tour of the Belmont House with Hannu Halminen on January 16, 2018 • Maintaining the link from the house to the creek is vital. This can be accomplished by retaining the Given Rd. allowance and adding to the open space around the Given Road connection. • It has been suggested that the Provincial commemorative heritage plaque currently located at Hwy 2 be relocated back to its original site at base of Given Rd. adjacent to the creek valley. • It was noted the verandah needs repair as indicated in the HIA. The Committee recommended that the Director of Planning Services review and assess whether Sections 4.23 and 4.24 of the Property Standards By-law 2007-070 are being met by the property owner. • It was suggested the designating by-law for the Belmont property be amended when the new legal description resulting from the land severance comes into force. It was noted that by-law must conform to the current standards of the Ontario Heritage Act and include the cultural heritage attributes described in the Heritage Impact Study for this property 18.05 Moved by K. Warren, seconded by B. Malone THAT the Clarington Heritage Committee recommends strengthening the link from the Belmont House to the creek and enhancing the overall character and view of the home by retaining the existing Given Road allowance as open space to preserve a pathway to the creek and by increasing the parkland space surrounding the home. “CARRIED” 18.06 Moved by V. Suppan, seconded by T. Taylor 23 5 | Page THAT By-law 88-173, being a By-law that designates the property at 302 Given Road under Part IV of the Ontario Heritage Act, be amended to include a statement of cultural heritage value and a description of the heritage attributes as required by the 2005 update to the Ontario Heritage Act, by using the information provided on pages 42-44 in the Heritage Impact Assessment report provided by Golder Associates Ltd., dated November 17, 2014. “CARRIED” PROJECT REPORTS Subcommittee Reports: Municipal Inventory and Register Committee – F. Aleksanderek reported that the subcommittee has evaluated 26 Concession Street (“Dundurn”) and 11 Mabel Bruce Way (“the Nurses Residence”) for inclusion of the Municipal Register. Dundurn had the highest score for any property evaluated by the Committee to date with a Group 1 rating on the subcommittee’s evaluation criteria. The Nurses residence also scored well with a Group 1 rating on the evaluation criteria. 18.07 Moved by V. Suppan, seconded by S. Conway THAT the Clarington Heritage Committee recommend to Council that the property at 26 Concession Street West, Bowmanville (“Dundurn”), be added to the Municipal Register. “CARRIED” 18.08 Moved by V. Suppan, seconded by S. Conway THAT the Clarington Heritage Committee recommend to Council that the property at 11 Mabel Bruce Way, Bowmanville (“the Nurses Residence”), be added to Municipal Register. “CARRIED” Public Outreach and Education Committee – No meeting to report. K. Warren suggested that pamphlets be produced outlining what it means to have a property on the Municipal Register. NEW BUSINESS Toll House Plaque – The Committee reviewed wording for a plaque for the toll house provided by the applicant who had rezoned the property. It was suggested that it might be improved by adding wording previously supplied by V. Suppan and possibly with who owned the house and the historical importance of Kingston Rd. The year built information also needs to be fact checked. 2017 Calendar Sales – D. Addington reported that the total revenue from calendars sold in 2017 was $876.40. 24 6 | Page Heritage Website – D. Addington noted that Communications staff have received a quote for the cost to upgrade to the heritage website and make it accessible. Communications has obtained a quote and will be working with Planning staff when timing permits. There will be carry-over funds available from the 2017 Planning Services budget and funds from 2018 (if approved) available for the upgrade. The outreach committee will look for examples of effective websites to provide ideas for Clarington’s website. Next meeting: February 20, 2018, 7:00 p.m., Clarington Municipal Offices, Room 1C 25 BOARD MEETING January 17, 2018 Clarington Town Hall 40 Temperance Street, Room 1A, Bowmanville, Ontario Present: S. Cooke M. Morawetz W. Woo (7:24 pm) K. Warren (Interim Executive Director; IED) S. Middleton J. Steen, Curator A. Barron, Program Coordinator Regrets: H. Ridge (ED) S. Elhajjeh K. Warren invited Board members at 7:05 pm to tour the archives with staff to see the work being done there to sort, clean, identify and/or dispose of items needing attention. Staff & volunteers are working to improve conditions in the archives. 1. Call to Order: S. Cooke called the meeting to order at 7:32 p.m. 2. Adoption of Agenda: Moved by: S. Middleton Seconded by: W. Woo THAT: the agenda be accepted with the request that the Curatorial and Programing Reports be brought forward ahead of the Executive Directors Report. MOTION CARRIED 3. Approval of Minutes: 26 Consensus to receive minutes for information. No quorum at last meeting. 4. Business Arising from Minutes: No items for discussion. 5. Disclosure of Interests: None. 6. Correspondence: None received. 7. Announcements: S. Cooke announced that two new Board members have been selected through the Municipality selection process to fill two vacancies left by Bonnie Seto and Katharine Warren. The Board welcomes Holly Raj and Sarah Bobka. 8. Curatorial Report: Submitted by Jennifer Steen Through an application process, Clarington Museum & Archives was selected for a CCI Facilities Assessment scheduled for Feb 5-7 2018. The information will prove extremely helpful in planning collection storage and care needs in the coming years, setting priorities and guidelines for requirements to maintain the collection in best condition. The new software system has been purchased and J. Steen has completed preliminary training. Customizing it for our organization is required next as well as training other staff &/or volunteers plus the input of data and records. A recommendation made in the report was for the Board to consider up to 12 more hours per week of additional staff time to continue with the collections cleanup and other projects, as well as to facilitate time for computer training and input. 27 J. Steen asked the Board to consider updates recommended for a re-write of The Collections Management Policy 6.1 over time but to move the collections clean-up projects along she requested an immediate update that would remove from the policy the stipulated three Special Collections: Organs, Dolls, and Victorian Funeral items. The overarching need to refine and manage the collection can allow for significant items from these collections to remain as long as they meet the mandate of a connection to Clarington without being identified as “special focuses”. She reviewed statistics from a recently completed Doll & Toy Collection Report siting 2075 dolls, hundreds of accessories, and 533 toys many of which do not have a connection to Clarington specifically and that take up valuable space in the archives as well as require financial resources to store properly and to maintain or repair. Discussion followed. Moved by: W. Woo Seconded by: S. Middleton THAT: the second paragraph in the existing 6.1 Collections Management Policy be deleted. [see below] MOTION CARRIED. [“The main focus will be on items made and/or used in Clarington. Three active collections are the Dominion organ and piano collections, the doll collection and the Victorian Funeral collection. The archival collection will only collect items pertaining to Clarington, history of dolls (with emphasis on Canadian dolls) and Victorian funeral customs.”] Moved by: S. Middleton Seconded by: W. Woo THAT: the Curator’s report be received. MOTION CARRIED. 9. Programming Report: Submitted by Amy Barron A. Barron relayed progress on several processes, plans and activities underway focusing on Youth Engagement initiatives and opportunities with the local high schools as well as students at Fleming College in the College’s Museum Management and Curatorship program. Several community partnerships are 28 being developed and potential ideas fleshed out where cross-promotional activities would be beneficial. A. Barron has been in discussions with the VAC, Clarington Tourism, and Pickering Museum Village, and will continue to develop resources for use in our educational programs both at the Sarah Jane and the Clarke museum site. Facility rentals have considerable potential for income with many recent inquiries prompting interest in redefining the opportunities for the museum. A. Barron was directed to prepare recommendations for an updated Facility Rentals Policy and accompanying Agreement for consideration at the next Board meeting. Upcoming events were also outlined in the report for the winter and spring. Moved by: W. Woo Seconded by: S. Middleton THAT: the Program Coordinator’s report be received. MOTION CARRIED. 10. Executive Director’s Report: K. Warren reviewed her report noting that grants for youth opportunities in the summer of 2018 were submitted for Young Canada Works and will be for Canada Summer Jobs. The Capstone grant, Enabling Accessibility grant, and corporate donations will be pursued for 2018 as well. Discussions with staff have brought forward new ideas regarding the Edwardian Summer Teas. Before making firm plans including marketing and resource allocation, the Board directed K. Warren to check with A. Darlison, ED of the BOAA who ran the program last year for ideas, feedback and to determine if interested again this summer. K. Warren continues to work with the Municipality HR department to ensure staffing and union requirements are managed properly. Work is ongoing for quotes from Brand Ambition of Bowmanville to discuss new logo and branding ideas, along with two other local companies for ideas to update the website design. Front window designs approved previously, minus the current logo, will be completed by James printing. As the Board currently operates as a whole on all committees, reports follow: 29 Property Management: K. Warren listed several items being worked on with the Municipality Operations department and has requested an accessibility assessment of the museum sites be done. Maintenance Requests will be submitted as required. Of more immediate concern is managing the accumulating waste from the cleanup project in the collections and archives areas. Discussion followed on options and costs using quotes acquired. Moved by: S. Middleton Seconded by: W. Woo THAT: K. Warren be given the authority to contract for one year with WM Waste Management Services for a lockable dumpster with flexible scheduling. MOTION CARRIED. Health & Safety: K. Warren with help from Operations has updated requirements for H&S including staff training, ladder training completed January 17 and held a staff meeting directly afterwards to go over the newly developed fire safety plan with designated supervisors for the site, the H&S bulletin board, election of H&S rep., and a fire drill with all staff. Membership & Fundraising: Newsletters are now going out consistently. A members only event on Feb 8 will launch the new exhibit. Members get pre- registration spots ahead of the general public as part of their privileges. Collections: The archive and storage tour at the beginning of the meeting covered progress in the collections, giving an opportunity for questions and discussion. Finance Reports: Draft Financial statements were presented and reviewed as prepared by Bookkeeper, I. Locke. Reserve funds from the Rinch and Sturch estates were noted. K. Warren was asked to find more information on both of these for the next board meeting. Staffing needs were discussed and possibilities considered with provisions for increased staffing should it be needed, including in the 2018 budget. K. Warren was directed to speak with Municipal HR staff for advice and suitable options. Moved by: M. Morawetz Seconded by: W. Woo THAT: the ED report including Committee Reports be accepted. 30 MOTION CARRIED. 11. New Business: a) 2018 Policy Review – as required by CMOG, this will be included in each meeting. Policies considered at this meeting have been included previously in the minutes, and others have been identified for consideration at the next board meeting. Moved by: S. Middleton Seconded by: W. Woo THAT: the section in Accessibility Policy 1.2 be updated to change the date in paragraph 1 of the customer service standard from 2009 to 2016 as government has updated their policy, and to include “or as the government updates accessibility policies” into the date of the next review section. MOTION CARRIED. b) Dumpster Contract – motion to address this issue was included in the ED report earlier in the meeting. c) S. Middleton requested a shared list of Board member contacts, including phone numbers and email addresses. K. Warren will develop and circulate. 12. In Camera: No items for consideration at this meeting. 13. Date and Place of Next Board Meeting: The next meeting will be held Wed. Feb 14th, 2018 at 7 p.m Location: Town Hall, TBA 14. Adjournment: Moved by: W. Woo Seconded by: S. Middleton THAT: the meeting be adjourned at 9:28 p.m. 31 MOTION CARRIED. Minutes for the meeting of the Clarington Museums and Archives Board have been accepted and approved on ____________________________________ _____________________________________ _______________________________________ Chair, Executive Director, Clarington Museums and Archives Board Clarington Museums and Archives 32 General Government Committee Report to Council Page 1 Report to Council Meeting of February 5, 2018 Subject: General Government Committee Meeting of Monday, January 22 2018 Recommendations: 1. Receive for Information (a) 8.1 Minutes of the Bowmanville Business Improvement Area dated January 9, 2018 (b) 8.2 Christopher Harris, Town Clerk, Town of Whitby – Regarding Pollinator Habitat and Bee City Canada (c) 8.3 Minutes of the Central Lake Ontario Conservation Authority Committee dated January 16, 2018 (d) 9.2 Joyce Kufta, Chair, Parkview Board of Directors – Regarding Regular Bus Services into the Downtown area of Newcastle (e) CLD-005-18 2017 Accessibility Annual Status Update (f) CLD-006-18 Impacts of Cannabis Legislation 2. Jim Mackenzie and Jeff Mitchell, Port Darlington Community Association, Regarding Port Darlington Community Association Update That the delegation of Jim Mackenzie and Jeff Mitchell, Port Darlington Community Association, regarding Port Darlington Community Association Update, be received with thanks. 33 General Government Committee Report to Council For Council Meeting of February 5, 2018 Page 2 3. Rod McArthur – Regarding Naming the Bridge Over Wilmot Creek Whereas the Municipality of Clarington has a Memorial Tribute Policy; And Whereas Section B of Clarington’s Memorial Tribute Policy States: Members of the Community At Large: recognition on an ad-hoc basis by Council, as requests are received, by the naming of any park, street or facility, based on the length and degree of service to the community; And Whereas Melanie McArthur has served on the Samuel Wilmot Nature Area Advisory Committee (SWNA) for many years up until her passing on November 9, 2017; And Whereas Melanie McArthur was a passionate outdoors person and environmentalist which she imparted to her children when they crossed the bridge over Wilmot Creek by playing Pooh Sticks by dropping two sticks or pine cones on one side of the bridge and then running to the other side to see which had won the race in the flowing water; And Whereas Roderick McArthur has made a request to the Municipality to consider that a plaque at the SWNA bridge over the Wilmot Creek be placed in memory of his late wife Melanie and Mr. McArthur has committed to cover all expenses for the plaque; And Whereas at the SWNA Committee Meeting of January 9, 2018, the Committee unanimously passed the following resolution: “SWNA Management Advisory Committee supports the request for a memorial plaque in memory of Melanie McArthur with the final location and wording to be determined through consultation between Rod McArthur and municipal staff“; Now Therefore Be It Resolved that the Clarington’s Memorial Tributes policy be waived and that Council direct staff to implement the request. 4. Peter Windolf, Manager of Park Development and Sean Bagshaw, Capital Works Engineer, Engineering Services Department, Regarding Active Transportation in Clarington That the presentation from Peter Windolf, Manager of Park Development and Sean Bagshaw, Capital Works Engineer, Engineering Services Department, Regarding Active Transportation in Clarington, be received with thanks. 34 General Government Committee Report to Council For Council Meeting of February 5, 2018 Page 3 5. Tom McHugh, Executive Vice President Patient Services and Regional Vice President Cancer Services, Lakeridge Health - Regarding Master Planning and Stakeholder Engagement in the Community That the presentation from Tom McHugh, Executive Vice President Patient Services and Regional Vice President Cancer Services, Lakeridge Health - Regarding Master Planning and Stakeholder Engagement in the Community, be received with thanks. 6. Review of the Emergency Management By-law and Respond to Resolution #C-135-17 That Report ESD-001-18 be received; and That the proposed Emergency Management By-law (Attachment 1 to Report ESD-001-18) be adopted by Council. 7. Appointment To The Samuel Wilmot Nature Area Management Advisory Committee That Report CLD-004-18 be received; That Rod McArthur be appointed to the Samuel Wilmot Nature Area Management Advisory Committee for a term ending December 31, 2018 or until a successor is appointed; and That all interested parties listed in Report CLD-004-18 and any delegations be advised of Council's decision by the Department. 35 General Government Committee Report to Council For Council Meeting of February 5, 2018 Page 4 8. Preventative Maintenance Contract and HVAC Services That Report COD-002-18 be received; That Xtra Mechanical Limited, with an annual bid in the amount of $189,395.71 (Net of HST), being the low, compliant bidder meeting all terms, conditions and specifications of CL2017-37 for Preventative Maintenance and HVAC Services be awarded the contract for an initial three year term, as required by the Community Services Department and the Operations Department; That pending satisfactory performance the Purchasing Manager be given the authority to extend the contract for this service for up to two additional one year terms; That funds required for this project in the amount of $189,395.71 (Net of HST) be drawn from the respective operating accounts; and That all interested parties listed in Report COD-002-18 and any delegations be advised by the Corporate Services Department of Council’s decision regarding the award. 9. Assumptions of Road Widenings That Report LGL-001-18 be received; and That the By-law attached, as Attachment 1, to Report LGL-001-18 be approved. 10. Service Review - Animal Shelter Services That Report CAO-001-18 be received; That Council endorse the action items set out in sections 2.3 and 2.4 of Report CAO-001-18; and That staff continue to consider opportunities for continuous improvement, which may include implementing further recommendations set out in the consultant’s Service Delivery Review of Animal Shelter Services. 36 General Government Committee Report to Council For Council Meeting of February 5, 2018 Page 5 11. Municipal Conflict of Interest Act (MCIA) Whereas Modernizing Ontario's Municipal Legislation Act, 2017, S.O. 2017, c. 10 (Bill 68) includes a number of amendments to the Municipal Conflict of Interest Act (MCIA) which have a proclamation date of March 1, 2019; Whereas, the following principles, in relation to the duties of members of Council and local boards under the MCIA, will be proclaimed as endorsed by the Province of Ontario: 1. The importance of integrity, independence and accountability in local government decision-making. 2. The importance of certainty in reconciling the public duties and pecuniary interests of members. 3. Members are expected to perform their duties of office with integrity and impartiality in a manner that will bear the closest scrutiny. 4. There is a benefit to municipalities and local boards when members have a broad range of knowledge and continue to be active in their own communities, whether in business, in the practice of a profession, in community associations, and otherwise. Whereas Bill 68 further amends the MCIA, (section 5.1 of MCIA) to require a member who discloses an interest under section 5 of the MCIA at the meeting, or as soon as possible afterwards, to file a written statement of the interest and its general nature with the clerk of the municipality or the secretary of the committee or local board, as the case may be; Whereas the Municipality will be required to establish and maintain a registry, which shall include a copy of each statement filed and a copy of each statement which was recorded in the minutes (section 6.1 of MCIA), and make them available for public inspection in a manner and during the time that the municipality may determine; and Whereas Council supports the principles and the new sections 5.1 and 6.1 are recognized as good practices, 37 General Government Committee Report to Council For Council Meeting of February 5, 2018 Page 6 Now Therefore Be it Resolved that the Procedural By-law be amended, effective February 5, 2018, to implement sections 5.1 and 6.1 of the MCIA, as follows: a) requiring members to file a written statement at the meeting, in the form as determined by the Municipal Clerk, of the interest claimed under section 5 of the MCIA with the Municipal Clerk, or designate; and b) requiring the Municipal Clerk to establish and maintain the Registry ; and c) providing public access to the registry through the Municipal website or through an alternative means as requested from time to time. 12. Computer Passwords That the Municipality of Clarington amend the IT protocol to allow options for an extended period before password changes are required. 13. Municipality of Clarington’s Community Event Sponsorship Program Whereas the Municipality of Clarington’s Community Event Sponsorship Program is in place to assist individuals and organizations to provide opportunities for hosting special events that promote community engagement; And whereas the Community Event Sponsorship Program may provide funding for community special events to a max of $2,000 per successful application; And whereas the application period for events occurring January 1 to June 30, 2018 closed October 1, 2017; And whereas the submitted applications were considered by Council on November 6, 2017; And whereas the Community Event Sponsorship Program has an annual budget of $35,000, of which the funds are divided between two application intake periods at $17,500; And whereas $11,820 was awarded to events through the first intake period, the remaining $5,680 would traditionally be made available to applications received thorough the second intake period; 38 General Government Committee Report to Council For Council Meeting of February 5, 2018 Page 7 Now therefore be it resolved that $2,000 from the remaining 2018 first intake funds be awarded to the event being coordinated be Carlton and Sheri Plummer on June 23, 2018 at Pearce Farm Park in Newcastle to host the 1st Annual “Welcome to Summer – Under the Stars” event to invite individuals and families to come out to get to know your neighbours in a relaxed atmosphere in a park like setting with danceable music by DJ Carlton from 7:00 – 10:30 PM for people to dance to under the stars, entertainment to cease at 10:30 PM, security will be on site as well as picnic tables and porta-potty. 39 General Government Committee Report to Council Page 1 Report to Council Meeting of February 5, 2018 Subject: Special General Government Committee Meetings of Friday, January 26, 2018 and Monday, January 29, 2018 Recommendations: NOTE: Presentations from external agencies were considered at a meeting dated January 26, 2018, prior to the deliberation of Report FND-001-18 on January 29, 2018. 1. 2018 Operating and Capital Budget That Report FND-001-18 be received; That Council approve the 2018 Operating Budget as outlined in Attachment #1 to Report FND-001-18, at an estimated tax levy impact of 1.17% (exclusive of tax policy impacts), as directed in Report FND-001-18 with the following amendments: a. That account number 100-19-193-10190-7102 Municipal Election – Data supplies be increased by $102,000 to a total amount of $117,754; b. That the $102,000 increase to account number 100-19-193-10190-7102 Municipal Election – Data supplies be funded from the tax levy in the amount of $70,000 and the rate stabilization fund in the amount of $32,000; c. That Account # 100-28-130-30650-6400 Emergency Services – Misc Revenue be increased by $20,000 to $55,000; d. That Account # 100-32-130-31030-6400 Engineering – Misc Revenue be increased by $10,000 to $10,500; e. That the budget amount, in accounts with object code 7165, be reduced by a total of $3,500 at a rate of approximately 10% for each account; That Council approve the 2018 Capital Budget as outlined in Attachment #1 to Report FND-001-18, at an estimated tax levy impact of 2.2% with the following amendments: a. That Capital Project 42-421-14800, SCA – Truck Replacement, in the amount of $55,000, be deferred; 40 General Government Committee Report to Council For Council Meeting of February 5, 2018 Page 2 b. That Capital Project 42-421-17601, DSC Walk Behind Scrubber, in the amount of $10,000, be deferred; That the following items, listed as Priority "B", as itemized in Attachment 2 of Report FND-001-18, be approved: a. Item #3 of Attachment 2 to Report FND-001-18, Engineering Capital, in the amount of $267,500; b. The contribution to the Future Staff Reserve Fund, in the amount of $125,000, be maintained and allocated to Emergency Services staffing in accordance with the Master Fire Plan; c. Item #4 of Attachment 2 to Report FND-001-18, Operations Capital, in the amount of $200,000; d. Item #16 of Attachment 2 to Report FND-001-18, Various Community Improvement Program Changes in the amount of $4,000; e. Item #2 of Attachment 2 of Report FND-001-18, New Staffing Proposals, two Light Equipment Operators positions ($70,176 for each position), one part- time Building Services I position ($29,366), one part-time Operations Clerk II position ($34,465), the one part-time Clerk’s Department Clerk II position ($34,465), IT Business Development Supervisor position ($103,222), and Community/Customer Services Manager position ($132,510); f. Item #9 of Attachment 2 to Report FND-001-18, Operations Equipment Reserve Fund in the amount of $25,000; g. Item #8 of Attachment 2 to Report FND-001-18, Increase to Facilities Maintenance Reserve Fund in the amount of $25,000; h. Item #19 of Attachment 2 to Report FND-001-18, for the Tooley’s Mill Park Electronic Sign at an estimated cost of $28,000, with $25,000 funded from an external donation and $3,000 funded from the tax levy; i. Item #5 of Attachment 2 to Report FND-001-18, Community Services Transfer to R/F in the amount of $25,000; j. Item #11 of Attachment 2 to Report FND-001-18, Engineering – Safe Roads/Active transportation program in the amount of $13,500; k. Item #14 of Attachment 2 to Report FND-001-18, Fleet GPS Update in the amount of $7,000; 41 General Government Committee Report to Council For Council Meeting of February 5, 2018 Page 3 l. Item #17 of Attachment 2 to Report FND-001-18, Heritage Grant Incentive increase in the amount of $1,000; m. Item #10 of Attachment 2 to Report FND-001-18, Engineering Admin Studies – tax levy component for the north Newcastle Drainage Study in the amount of $11,500; n. $50,000 to be allocated to Community Services for a pilot youth project in Courtice; That the project include public consultation; and That the public consultation include both Courtice and Newcastle with a view to a youth program being set-up in Newcastle in 2019; That Attachment 3 to Report FND-001-18, be approved as follows at an estimated tax levy impact of 0.20%: a. That the Clarington Public Library 2018 grant funding be approved in the amount of $3,077,044; b. That the Clarington Public Library – Capital Tax Levy 2018 Budget Request be approved in the amount of $114,176; c. That the Bowmanville Older Adult Association 2018 grant funding be approved in the amount of $295,000; d. That the Clarington Museums 2018 Budget Request be approved in the amount of $282,643; e. That the Visual Arts Centre 2018 Budget Request be approved in the amount of $210,848; f. That the John Howard Society/Firehouse Youth 2018 Budget Request be approved in the amount of $65,200; g. That the Community Care Durham 2018 Budget Request be approved in the amount of $50,000; h. That the Newcastle Community Hall 2018 Budget Request be approved in the amount of $20,000; i. That the Orono Cemetery Board 2018 Budget Request be approved in the amount of $10,200; 42 General Government Committee Report to Council For Council Meeting of February 5, 2018 Page 4 That the external agencies, referred to in Attachment #3 to Report FND-001-18, be advised of Council's decision regarding their grant request and be thanked for their delegation on January 26, 2018, as appropriate; That attachments outlining Reserve and Reserve Fund Contributions and new Reserve/Reserve Funds be approved as shown in the 2018 Draft Budget binder; That approximately $800,000 be drawn from the Rate Stabilization Reserve Fund to offset the tax rate impact; That the financing of Capital projects, as outlined in the attached documents be approved; That any cash flow shortfall in the Development Charges Reserve Funds be interim financed from the Municipal Capital Works Reserve Fund and General Municipal Reserve Fund, to be repaid with interest as cash flow permits; That Report FND-001-18 be adopted by resolution in accordance with provisions of Ontario Regulation 284/09 of the Municipal Act, 2001; That the Streetlight LED replacement and the Parking Lot Rehabilitation Programs, identified in the 2018 Draft Capital Budget to be financed from debenture financing, that the Director of Finance/Treasurer be authorized to make application to the Region of Durham for the necessary debenture, such terms at the discretion of the Director of Finance/Treasurer; and That the appropriate By-laws to levy the 2018 tax requirements for Municipal, Regional and Education purposes be forwarded to Council for approval, once final tax policy information is available. 43 Planning & Development Committee Report to Council Page 1 Report to Council Meeting of February 5, 2018 ______________________________________________________________________ Subject: Planning & Development Committee Meeting of Monday, January 29, 2018 ______________________________________________________________________ Recommendations: 1.Receive for Information (a)PSD-014-18 2017 Planning Applications 2.Helen Mihailidi, Southeast Courtice Landowners Group - Regarding Report PSD-011-18 Southeast Courtice Secondary Plan Study – Terms of Reference That Communication Item 10.1, from Helen Mihailidi, Southeast Courtice Landowners Group, Regarding PSD-011-18, be referred to the consideration of Report PSD-011-18. 3.Beth Kelly, President, Valiant Rental Properties Limited – Regarding Report PSD-013-18 Applications by WED Investments Limited for a Draft Plan of Subdivision and Rezoning to permit a Townhouse development in the Bowmanville West Town Centre, Bowmanville That Communication Item 10.2, from Beth Kelly, President, Valiant Rental Properties Limited, Regarding Report PSD-013-18, be referred to the consideration of Report PSD-013-18. 4.An Southeast Courtice Secondary Plan Study – Terms of Reference That Report PSD-011-18 be received; That Planning Services staff be authorized to commence the preparation of the Southeast Courtice Secondary Plan; That staff be authorized to finalize the draft Terms of Reference and issue a Request for Proposal to retain the necessary consultants for the preparation of the Secondary Plan; 44 Planning & Development Committee Report to Council For Council Meeting of February 5, 2018 Page 2 That the Director of Planning Services be authorized to execute the necessary cost recovery agreements with the Southeast Courtice Landowners Group Inc. for the preparation of the Secondary Plan; and That all interested parties for Report PSD-011-18, any delegations and the Region of Durham Planning Department be notified of Council’s Decision. 5. Applications by Alpa Pre-Engineered Panel Systems Inc. to Allow the Expansion of the Existing Industrial Business at 2021 Baseline to 2033 Baseline Road That Report PSD-012-18 be received; That the Official Plan Amendment and Zoning By-law Amendment applications submitted by Alpa Pre-Engineered Panel Systems Inc. continue to be processed and that a subsequent report be prepared; and That all interested parties listed in Report PSD-012-18 and any delegations be advised of Council’s decision. 6. Applications by WED Investments Limited for a Draft Plan of Subdivision and Rezoning to Permit a Townhouse Development in the Bowmanville West Town Centre, Bowmanville That Report PSD-013-18 be received; That the applications for a Draft Plan of Subdivision and Rezoning, submitted by WED Investments Limited for the development of townhouse block continue to be processed and that a subsequent report be prepared; and That all interested parties listed in Report PSD-013-18 and any delegations be advised of Council's decision. 7. Potential Locations for Durham Hospice – Clarington That Report CAO-002-18 be received; That staff be directed to declare approximately 0.8 hectares (2 acres) of the municipally-owned property south of 1895 Cobbledick Road shown in Figure 1 of Report CAO-002-18, as surplus and transfer such property to Durham Hospice – Clarington for nominal consideration, subject to the conditions set out in section 2.11 of Report CAO-002-18 with the exception of the condition that the name “Clarington” be included in the facility’s name; 45 Planning & Development Committee Report to Council For Council Meeting of February 5, 2018 Page 3 That staff be directed to take all steps to effect the transfer; The Mayor and Clerk be authorized to execute any documentation necessary to effect the transfer; and That the owner of 1895 Cobbledick Road be notified of Committee’s recommendation and all interested parties listed in Report CAO-002-18 and any delegations be advised of Council’s decision. 8. Applications for Draft Plan of Subdivision and Rezoning by Lindvest Properties (Clarington) Limited to develop a former school block as a 51 lot subdivision in Newcastle That Report PSD-005-18 be received; That the Official Plan Amendment COPA 2017-0001 is no longer necessary and the file be closed; That the Director of Planning and the Director of Engineering Services be authorized to amend the Foster North East Neighbourhood Design Plan as contained in Attachment 1 to Report PSD-005-18; That the application for a Draft Plan of Subdivision S-C-2017-0001 submitted by Lindvest Properties (Clarington) Limited, to permit the development of 51 residential units, be supported subject to the conditions generally as contained in Attachment 2 to Report PSD-005-18; That the application to amend the Zoning By-Law by Lindvest Properties (Clarington) Limited be approved and that the By-law in Attachment 3 to Report PSD-005-18 be passed; That once all conditions contained in the Official Plan and Zoning By-law with respect to the Removal of the (H) Holding Symbol are satisfied, the By-law authorizing the Removal of the (H) Holding Symbol be approved; That the Durham Regional Planning Department and Municipal Property Assessment Corporation be forwarded a copy of report PSD-005-18 and Council's decision; and That all interested parties listed in Report PSD-005-18 and any delegations be advised of Council's decision. 46 Planning Services Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Council Date of Meeting: February 5, 2018 Report Number: Addendum to Report PSD-090-17 Resolution: File Number: COPA2017-0007, S-C-2017-0006 By-law Number: ZBA2017-0009 & PLN 31.5.7 Report Subject: Applications by Tornat Newcastle Limited for a mixed-use development at King Avenue West and Rudell Road, Newcastle. Recommendations: 1. That Addendum to Report PSD-090-17 and Report PSD-090-17 be received for information; 2. That all interested parties listed in Addendum to Report PSD-090-17 and any delegations be advised of Council’s decision; and 3. That the Durham Regional Planning and Economic Development Department be forwarded a copy of Addendum to Report PSD-090-17 and Council’s decision. 47 Municipality of Clarington Addendum to Report PSD-090-17 Page 2 Report Overview This report is to advise Council of an appeal to the Ontario Municipal Board by Tornat Newcastle Ltd. on their applications for a mixed use development at King Avenue West and Rudell Road in Newcastle. 1. Background 1. At its meeting of December 11, 2017, Council considered staff report PSD-090-17 (Attachment 1) on applications by Tornat Newcastle Limited (Tornat) and resolved: That Report PSD-090-17, Applications by Tornat Newcastle Limited for a mixed-use development at King Avenue West and Rudell Road, Newcastle (Item 6 of the Planning and Development Committee Report), be referred to the February 5, 2018 Council meeting (Resolution #C-331- 17). 2. On December 12, 2017, Tornat appealed the applications to the Ontario Municipal Board on the basis of the Municipality’s failure to make a decision within the prescribed timeframes (120 days for the zoning by-law amendment application and 180 days for the draft plan of subdivision application). 3. Staff forwarded the appeal and the document package to the Ontario Municipal Board on December 19, 2017. A date for a hearing or pre-hearing on this matter has not been set. 4. By separate report, the Solicitor will be seeking direction on Council’s position at the hearing and the Municipality’s options with respect to witnesses and representation. 2. Conclusion Given the appeals, Council has no authority to make a decision on the applications. The Municipal Solicitor will be seeking Council’s direction on the position to be taken at the hearing. 3. Strategic Plan Application Not Applicable. 48 Municipality of Clarington Addendum to Report PSD-090-17 Page 3 Submitted by: Reviewed by: David Crome, RPP, MCIP, Andrew C. Allison, B. Comm, LL.B Director of Planning Services CAO Staff Contact: David Crome, Director of Planning Services, 905-623-3379 ext. 2402 or dcrome@clarington.net DC/ATS/nl/ah Attachments: Attachment 1: Report PSD-090-17 Attachment 2: Letter dated December 12, 2017 from Barry Horosko, Horosko Planning Law I:\^Department\LDO NEW FILING SYSTEM\Application Files\SC-Subdivision\S-C-2017\S-C-2017-0006 Tornat\Staff Report\Addendum Report PSD-090-17\Addendum To Report PSD-090- 17.Docx 49 Planning Services Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: December 4, 2017 Report Number: PSD-090-17 Resolution: File Numbers: COPA 2017-0007, By-law Number: S-C-2017-0006, ZBA 2017-0009 and PLN 31.5.7 Report Subject: Applications by Tornat Newcastle Limited for a mixed-use development at King Avenue West and Rudell Road, Newcastle Recommendations: 1.That Report PSD-090-17 be received; 2.That Clarington Official Plan Amendment application file COPA 2017-0007 be closed since the proposal is in conformity with the Clarington Official Plan, as amended through the comprehensive review (Official Plan Amendment 107); 3.That the Director of Planning Services and the Director of Engineering Services be authorized to amend the Foster North East Neighbourhood Design Plan as contained in Attachment 1 to Report PSD-090-17; 4.That the application for a Draft Plan of Subdivision S-C-2017-0006 submitted by Tornat Newcastle Limited be supported subject to conditions as contained in Attachment 2 to Report PSD-090-17; 5.That the Zoning By-law Amendment application submitted by Tornat Newcastle Limited be approved as contained in Attachment 3 to Report PSD-090-17; 6.That once all conditions contained in the Official Plan and Zoning By-law with respect to the Removal of the (H) Holding Symbol are satisfied, the By-law authorizing the Removal of the (H) Holding Symbol be approved; 7.That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD- 090-17 and Council’s decision; and 8.That all interested parties listed in Report PSD-090-17 and any delegations be advised of Council's decision. Attachment 1 to Addendum Report PSD-090-17 50 Municipality of Clarington Report PSD-090-17 Page 2 Report Overview This report recommends approval of the proposed applications by Tornat Newcastle Limited to amend the Foster Northeast Neighbourhood Design Plan, the Zoning By-law, and for a proposed Draft Plan of Subdivision to permit a mixed use development on the north side of King Avenue West, east of Rudell Road in Newcastle. The requested Official Plan Amendment is no longer required as the application is consistent with the Local Corridor policies as contained in the Clarington Official Plan. The application has been withdrawn. The original applications have been revised to: • Reduce the height of the north portion of the apartment building from six storeys to five storeys; • Remove the lofts for the apartment building which reduces the visual height; and • remove the King Avenue access to accommodate the Region of Durham requirements. A comparison of the original site plan and the current preliminary site plan, as follows: Original Application Current Submission Apartment: 180 units 4-6 storeys plus loft Apartment: 172 units 4-6 storeys without loft Townhouse units: 10 units in 2 blocks Townhouse units: 10 units in 2 blocks Mixed Use Building 1: Mixed Use Building 1: Commercial – 1,120 sq.m. Commercial – 1,120 sq.m. Residential – 12 units Residential – 12 units Mixed Use Building 2: Mixed Use Building 2: Commercial – 450 sq.m. Commercial – 450 sq.m. Residential – 4 units Residential – 4 units TOTAL: 206 residential units TOTAL: 198 residential units 1,570 sq.m commercial 1,570 sq.m commercial 51 Municipality of Clarington Report PSD-090-17 Page 3 1. Application Details 1.1 Owner/Applicant: Tornat Newcastle Limited 1.2 Agents: D.G. Biddle & Associates Ltd. 1.3 Proposal: Amendment to Official Plan / Neighbourhood Design Plan The applicant proposes an amendment to the Foster Northeast Neighbourhood Design Plan and an amendment to the Clarington Official Plan to place lands in a Local Corridor, consistent with Council Adopted Official Plan Amendment 107. Proposed Draft Plan of Subdivision to permit: • Creation of four development blocks and one park block (0.143 ha). • Realignment of Given Road to connect with McDonald Crescent (pending the closure and conveyance of portions of Given Road). Proposed Rezoning appropriate to permit the proposal identified above: 1.4 Area: 2.229 hectares 1.5 Location: Part Lot 30, Concession 2, Former Township of Clarke North side of King Avenue West, east of Rudell Road, Newcastle (Figure 1) 1.7 Roll Number: 1817 030 130 15420, 1817 030 130 15400, 1817 030 130 15350, and 1817 030 130 15355 1.8 Within Built Boundary: No 2. Background 2.1 The subject applications were deemed complete on May 1, 2017 and circulated for comments. A Public Information Centre was held May 9, 2017 followed by a statutory Public Meeting on June 5, 2017. Since that time the applicant and his consulting team has worked towards resolving comments and concerns. 2.2 The subject lands are on a triangular parcel of land generally between Rudell Road and Pedwell Street and north of King Avenue West. The application proposes the closure and conveyance of parts of Given Road to support the proposed realignment and closure east 52 Municipality of Clarington Report PSD-090-17 Page 4 of the east leg of McDonald Crescent. Such an application would be processed by the Engineering Services Department. 2.3 The preliminary plan for the realignment of Given Road would result in Given Road connecting to the west leg of McDonald Crescent. Additional lands would be required from the Tornat parcel (Block 6) in order to create a 20 metre wide road allowance. The alignment of McDonald Crescent would be adjusted slightly in the southwest where the connection to a portion of Given Road is proposed. Other parts of land within Given Road road allowance are proposed to be melded with partial blocks in the Lindvest plan of subdivision, resulting in three new lots for single detached dwellings. (Refer to Future Single Detached Dwelling Lots outlined in Figure 1). Figure 1: Future Single Detached Dwelling Lots 53 Municipality of Clarington Report PSD-090-17 Page 5 2.4 The proposed Draft Plan of Subdivision (Figure 2) would have the effect of creating four blocks to accommodate the proposed phased development. Block 2 is the location of the two mixed use buildings, Block 1 would contain the apartment building, while Blocks 3 and 4 would contain the townhouse blocks (10 units). Block 6 is to accommodate the proposed realignment of Given Road. The plan also includes a park block east of Pedwell Street and a road widening along King Avenue. 2.5 The proposal includes a mix of uses on the site, including an apartment building, two blocks of townhouses, and two mixed-use buildings with commercial on the first floor and residential units integrated into to the building. 2.6 Since the Public Meeting, the development concept has been revised as follows: • Elimination of the King Avenue West mid-block access; • Reduced height of building from six storeys (plus loft) to a maximum of six storeys at King Avenue/Rudell Road (Figure 3); • Reduced height of building adjacent to Given Road from six storeys (plus loft) to a maximum of six storeys (Figure 4 and Figure 5); • Adjust the type and mix of building materials, including less glass; and • Reduction in the number of apartment units from 180 to 172. 54 Municipality of Clarington Report PSD-090-17 Page 6 Figure 2: Proposed Draft Plan of Subdivision 55 Municipality of Clarington Report PSD-090-17 Page 7 Figure 3: North View along King Avenue West Figure 4: South View from Existing Residential Neighbourhood 56 Municipality of Clarington Report PSD-090-17 Page 8 Figure 5: Southeast Perspective View from Given Road/Rudell Road 2.7 The applicant’s architect has also provided more visual analysis of the development in the context of existing grades and the development of the remnant Lindvest block to the north of the development. 2.8 Since the Public Meeting, OPA 107 was approved by the Region of Durham, including the Local Corridor along King Avenue West. As this was not subject of an appeal, the Official Plan Amendment 107 submitted in support of this application is no longer necessary and has been withdrawn. 2.9The applicant submitted the following studies in support of the applications which are reviewed in Section 7 of this report: • Planning Justification Report • Site Screening Questionnaire • Noise Study • Energy Conservation and Sustainability Plan • Shadow Study • Traffic Impact Study • Functional Servicing Report • Archaeological Assessment • Urban Design Plan 57 Municipality of Clarington Report PSD-090-17 Page 9 3. Land Characteristics and Surrounding Uses 3.1 The subject lands are currently vacant. The existing Given Road right-of-way forms the north limit of the subject lands. The lands slope down towards King Avenue West, and towards the west to Rudell Road. 3.2 The surrounding uses are as follows: North Existing vacant, draft approved, medium density block at Given Road and Rudell Road (zoned to permit townhouse units); existing single detached residential dwellings in Registered Plan of Subdivision 40M-2501. South Existing single detached dwellings in Registered Plan of Subdivision 10M-819. East Existing single detached residential dwellings; long term care facility. West Existing dwellings along King Avenue West; a tributary of Wilmot Creek; and lands within approved Foster Northwest Neighbourhood Design Plan (Subdivision Application submitted). 4. Provincial Policy 4.1 Provincial Policy Statement The Provincial Policy Statement identifies settlement areas as the focus of growth. Land use patterns shall be based on densities and a mix of land uses that efficiently use land, resources and infrastructure. Opportunities for redevelopment and intensification must be promoted. Municipalities must provide a variety of housing types and densities, and a range of housing options that are affordable to the area residents. Healthy and active communities should be promoted by planning public streets to be safe, meet the needs of pedestrians, foster social interaction and facilitate active transportation and community connectivity. Compact and diverse developments promote active modes of transportation such as walking and cycling. The subject applications are consistent with the Provincial Policy Statement. 4.2 Provincial Growth Plan The lands are located in a Designated Greenfield Area within a settlement area. The Growth Plan establishes the target of 50 jobs and residents combined per net hectare in the Designated Greenfield Area. This target is measured across the Region of Durham. The Growth Plan encourages the creation of complete communities that are compact and transit-supportive, offering a diverse mix of land uses, a range and mix of employment and housing types, high quality public open space and easy access to local stores and services. New transit-supportive and pedestrian-friendly developments will be concentrated along existing and future transit routes. 58 Municipality of Clarington Report PSD-090-17 Page 10 The Growth Plan continues to reinforce and provide strong policies to guide growth in consideration of: • Making use of existing infrastructure; • Addressing traffic congestion in the GTA; • Avoiding the environmental impacts of continued urban sprawl, and impact to natural resources; • Avoiding low density and automobile dependent development; • Accommodating an aging population and providing more varied housing unit types and affordability; • Supporting the Province’s Climate Change Action Plan. The proposed development conforms to the objectives of the Growth Plan and contribute to population targets. 5. Official Plans 5.1 Durham Regional Official Plan The Durham Region Official Plan designates the subject lands Living Area. King Avenue West is an arterial road and is also designated as a Transit Spine. The Region has implemented existing Growth Plan targets. Development applications in Living Areas must consider having a compact built form, including providing intensive residential and mixed uses along arterial road and transit routes. Consideration must also be given to urban design, pedestrian connections, grid pattern of roads, and the availability of services and infrastructure. The Region’s Official Plan establishes a framework for Regional and Local Corridors. The Region’s Official Plan identifies and maps Regional Corridors, and provides a policy direction to local municipalities for designating Local Corridors in local Official Plans. Local Corridors are mixed use areas, planned to support frequent transit service. Local Corridors make connections to Regional Centres (ie. Downtown Newcastle, Downtown Bowmanville, Bowmanville West Town Centre). Local Corridors support a long term density target of a minimum 30 units per gross hectare, and a Floor Space Index of 2.0. Corridors have the following characteristics: • Promote transit having a mix of uses with higher densities; • A sensitive urban design that orients development to the corridor and access points are consolidated; • Maintain and enhance historical main streets, and integrate new development with existing; and • Preserve and enhance cultural heritage resources. This section of King Avenue West is a Type ‘A’ Arterial road and has the most restrictive access and intersection spacing, and the most rigorous design requirements. 59 Municipality of Clarington Report PSD-090-17 Page 11 Access/intersection spacing shall be a minimum of 200 metres along a Type ‘A’ Arterial road. The proposed development, as revised, conforms to the Regional Official Plan. 5.2 Clarington Official Plan On November 1, 2016, Council adopted Official Plan Amendment 107 to bring the Clarington Official Plan into conformity with the Regional Official Plan and provincial policies. Objectives of the Official Plan are: • to create walkable neighbourhoods and to provide a variety of uses within each neighbourhood. • to provide for a variety of housing densities, tenure and types in neighbourhoods for all incomes, ages and lifestyles. The approved Clarington Official Plan establishes urban structure typologies and built form directives for Centres, Corridors, Transportation Hubs, Waterfront Places, Edge of Neighbourhoods, Along Arterial Roads and Internal to Neighbourhoods. The subject lands are within a “Local Corridor”. Mixed-use buildings, apartments and townhouse units are permitted (between two and six storeys) with a minimum net density of 40 units per net hectare. The mix between low-rise (two-four storeys) and mid-rise (five-six storeys) shall generally be split 80% and 20%, respectively, measured across the local corridor area. Local Corridors are considered one of the Priority Intensification Areas and one of the areas for higher densities in Greenfield Areas. Corridors shall be comprehensively developed to provide mixed uses and densities that support transit-oriented development, uses that are complementary to the function of the corridor and site design that is sensitive to the existing neighbourhoods. Corridors are approximately 100 metres deep on both sides of the road. The non-residential floor area policies limit the cumulative floor space to a maximum of 1,500 square metres per site in a Local Corridor, with individual commercial units having a maximum floor area of 300 square metres. Consistent with the Region’s Official Plan, King Avenue West is an arterial road and is designated as a Regional Transit Spine. Higher densities and economic activity are to be directed along the Transit Spine, around Transportation Hubs and along Regional and Local Corridors. The Clarington Official Plan includes detailed site and urban design policies to be considered during the review of development applications. The intersection of King Avenue and Rudell Road is defined as a prominent intersection and special urban design policies apply. 60 Municipality of Clarington Report PSD-090-17 Page 12 Urban design polices dealing with the relationship to the street, height and massing, open spaces and connections are applicable at the rezoning/subdivision stage, while other policies on detailed building design, architectural elements, landscaping and lighting are applicable at the site plan review stage. No significant natural heritage features are identified on the subject lands. The lands are within the Foster Neighbourhood which has a targeted unit count of 1,917. Consistent with the Region’s Official Plan, King Avenue West is a Type ‘A’ arterial road and is also designated as a Regional Transit Spine. The proposed applications conform to the Clarington Official Plan. 5.3 Foster Northeast Neighbourhood Design Plan The proposed plan of subdivision is within the Foster Northeast Neighbourhood Design Plan. The design plan predates the approval of current Provincial, Regional and Local policies that now require higher densities along corridors and throughout new neighbourhoods. The Neighbourhood Design Plan identifies a medium density block at the intersection of King Avenue West and Rudell Road, together with the Lindvest block to the north of existing Given Road. Street ‘E’ (McDonald Crescent) is proposed to loop south to King Avenue, as a window street. The plan shows Given Road being completely closed and a parkette block on the east side of Pedwell Street. Neighbourhood Design Plans are being replaced by Secondary Plans in new communities. Given the near buildout of the neighbourhood, the amendment to the Neighbourhood Design Plan is appropriate at this time. 6. Zoning By-law Zoning By-law 84-63 zones the subject lands "Holding – Urban Residential Type One ((H)R1) Zone”. A rezoning is required to permit the requested uses. 7. Summary of Background Studies 7.1 Planning Justification Report, D.G. Biddle & Associates, March 2017, updated October 2017 This report provided a detailed planning context of the subject lands and surrounding neighbourhood along King Avenue West in Newcastle. The report identifies that the land is part of the Living Area in the Region’s Official Plan and within a proposed Local Corridor in the Clarington Official Plan – now approved by OPA 107. 61 Municipality of Clarington Report PSD-090-17 Page 13 The report finds that the development proposal is consistent with the Provincial Policy Statement, conforms to the Growth Plan and conforms to current Durham Regional Official Plan, and Clarington Official Plan as amended by OPA 107. 7.2 Functional Servicing Report, D.G. Biddle & Associates, February 2017, updated October 2017 The Functional Servicing/Stormwater Management report indicates the lands can be serviced by connecting to existing sanitary sewers and water services in the neighbourhood. Since there is limited capacity in the existing sanitary sewer system, full build out of the development will require the extension of the Wilmot Creek trunk sanitary sewer to service the Foster Creek Neighbourhood. Final phasing details will be determined at the site plan approval stage and prior to construction. Existing storm sewer connections will convey stormwater from the site to the existing stormwater management facility on the west side of Rudell Road. 7.3 Traffic Impact Study, Tranplan Associates, April 2017, updated October 2017 The original report found only minor impacts from the development on the adjacent road network. The roads and intersections would continue to generally operate at a good level of service and the following recommendations were proposed: - Monitor operation of the King Avenue and Rudell Road intersection and adjust signal time to accommodate the peak hour directional traffic volumes. - Monitor traffic patterns at King Avenue and Pedwell Street intersection; it is likely that full signalization of the intersection will be warranted when the study area is fully built-out. - Implement Transportation Demand Management strategies in accordance with the Clarington Transportation Master Plan by providing pedestrian and cycling connections to existing sidewalks and future active transportation networks. The updated October 2017 report provided updated findings based on the latest concept plan and without the right-in/right-out mid-block access to King Avenue West. The updated traffic study concluded that the site traffic has a minor impact on the adjacent road network. The study demonstrates that there will be sufficient on-site resident, visitor and commercial parking available. All resident and visitor parking will be underground, including resident and visitor spaces for the residential units within the commercial buildings, and visitor spaces for the 10 townhouse units fronting onto Given Road. Resident parking for the 10 townhouse units along Given Road will be in the driveway and garages accessed from the internal road. The surface parking for the commercial units will be for patrons only, with staff parking provided underground. 62 Municipality of Clarington Report PSD-090-17 Page 14 7.4 Urban Design Report, Romanov Romanov, April 2017, updated October 2017 The report provides an analysis of how the design of the site and building satisfies the objectives of the Urban Design and Prominent Intersection policies of the Official Plan and the site’s location in a designated local corridor. The report also provides a detailed assessment of how the grading of the site accommodates the built form of the development, including the underground parking. The lowest point of the site is at King Avenue and Rudell Road. The elevation of Given Road is higher than the subject lands which has the effect of screening the first floor of the development giving an appearance of a shorter, four storey building along the Given Road frontage. The October 2017 report was updated to reflect the adjustments in height of certain sections of the building to address resident concerns. 7.5 Sustainability Plan, D.G. Biddle & Associates Limited, April 2017 The report identifies preliminary construction techniques that will be employed on site to meet sustainable development objectives including energy efficiency, air quality, water quality and quantity, solid waste, natural environment and homeowner education. 7.6 Shadow Study, Romanov Romanov, March 2017, updated October 2017 The report provides an overview of shadows cast by the development at the shortest and longest days of the year, and on the spring and fall equinox. During the spring, summer and fall months, shadows do not extend past Given Road road allowance, or into the existing subdivision. These are the months when residents will most likely be enjoying their outdoor spaces. The worst case scenario, on the shortest day of the year in December, shadows cast by the development extend north of realigned Given Road, however the majority of the shadows will be cast onto the vacant Lindvest parcel, with long shadows having limited impacts in the early morning, and late afternoon at the most southerly existing lots along McDonald Crescent. 7.7 Noise Impact Study, D.G. Biddle & Associates Limited, February 2017 The preliminary Noise report identifies noise mitigation techniques in the form of mandatory air conditioning for apartment units and special wall construction and window glazing for the building along King Avenue West. The report also recommends warning clauses for agreements of purchase and sale. The noise study will require an update during the site plan stage once final grading, amenity space and additional architectural details are established. 63 Municipality of Clarington Report PSD-090-17 Page 15 7.8 Archaeological Study The Stage 1 study finds that 85% of the site lacks archaeological potential giving grading and disturbance. An area on the east side of the site, adjacent to Pedwell Street, has not been impacted by previous site alteration. This area may contain artefacts and requires test pits, further study and clearance prior to development. 7.9 Environmental Site Assessment A Site Screening Questionnaire was submitted with the application, however further Environmental Site Assessment will be required given grading/filling activity on site. 8. Public Submissions 8.1 A Public Information Centre was held May 9, 2017 at the Newcastle Public Library. Upwards of 100 people were in attendance. At the Public Meeting held June 5, 2017 twenty residents spoke out in opposition to the applications. 8.2 In addition to the comments received at the Public Information Centre, staff have received several written comments expressing concerns. Comments and enquiries of support have also been received from those interested in a residential unit or retail space for their business. 8.3 Principle concerns raised to date relate to: • Development is too dense, buildings too tall and will obstruct views and produce shadows. • Apartments are not desirable; residents were told land to be developed with townhouses or other uses, but not apartments. • The type and design of development does not fit in with historic character and small town feel of the Village of Newcastle. • Concerned about the future of McDonald Crescent, and no longer being a crescent. • Loss of green/amenity space – W here will kids play? What are plans for the park? • Protection of trees, additional tree planting and improved maintenance requested. • How will stormwater be addressed and what are the impacts to the environment? • The development will have a negative impact on other businesses, including the historic downtown. • Tenure of proposed residential units (i.e. rental vs. ownership). • Traffic congestion, speeding, lack of transit and availability of parking – signals needed at Pedwell Street and King Avenue intersection. • Pedestrian and driver safety will be compromised; crossing guard needed. • School overcrowding. • Development would put a strain on local services, facilities and infrastructure. • Development would negatively impact property values and taxes. • Increase in police presence/crime rates. • More residents will result in additional littering and trespassing on private property. • Overlook, headlights from cars will negatively impact privacy. 64 Municipality of Clarington Report PSD-090-17 Page 16 • Property will not be well maintained, become an eyesore. • Noise generated by the development will impact neighbouring residents. • Recommend a new long term care facility or other residential options for seniors. • Water pressure and quality is poor in the area. • Residents will experience negative impacts from construction (dust, vibration etc.). • What are the plans for adjacent parcels, partial development blocks? • Put restrictions on the builder. - No balconies facing the North or East. - Plant trees in the backyards of those living on Flood Avenue. - Building should be no higher than 4 storeys inclusive of loft. - Builder must pay to have security systems installed in houses within a 250m radius and pay the monthly bills for two years after residents move into the building. - Restrict purchases to one unit per family to prevent rental units. - Allow residents within 250m with free access to amenities for two years after opening (with the option of continuing at a reasonable cost). - Declare how many units will be luxury units or rental apartments. - Provide security and a 24/7 desk staff position. - All staff must be hired from within Clarington for the first 10 years. 9. Agency Comments 9.1 Region of Durham Regional Planning has not provided formal comments on the latest submission, however the Region’s comments on the initial 206 unit mixed use proposal found that the proposed development is consistent with the Provincial Policy Statement and conforms to the Growth Plan. The proposal provides for mixed use development with mid-rise housing with a planned local corridor and along a transit spine. The development exceeds the minimum density requirements and conforms to the Regional Official Plan. The Region’s plan does not identify any natural heritage or hydrologic features that require assessment. To mitigate noise from Highway 2 and any other sources, the recommendations of the Noise Impact Study, and any addendum reports, will be implemented during the site plan and condominium approvals. Prior to final approval the Region requires clearance from the Ministry of Culture Tourism and Sport regarding archaeological potential, and completion of the Site Screening Questionnaire or an appropriate Environmental Site Assessment. Regional Works provided many comments on the initial Functional Servicing Report and Traffic Impact Study, and the applicant subsequently updated the plans and reports to the Region’s satisfaction. 65 Municipality of Clarington Report PSD-090-17 Page 17 The updated Functional Servicing report appropriately identifies that the residential development on the west side of the site will need to be phased given the proposed Trunk Sewer needed to ultimately service the Block 1 lands. There is capacity for approximately 150 persons at this time. Development of the commercial buildings can be serviced by existing sanitary sewer on Pedwell Street. Water services will need to be upgraded and looped to service the lands with both domestic and fireline connections. Regional Works accepted the findings of the Traffic Study, and determined that the right- in/right-out midblock access at the on-site roundabout was not necessary or supported given the predicted level of service at both Rudell Road and Pedwell Street intersections. The Region notes that King Avenue West is a Type ‘A’ arterial road in the west end of Newcastle Village, but only has one lane of travel in each direction making access control very rigid. Together with the design requirements for a controlling a right-in/right-out movement (tapers, median, trumpets etc.) Regional Works determined that an entrance to King Avenue is not supported at this time. Road widenings will be required along King Avenue. The Region has requested that the internal road width be widened from 6.0 m to 6.5 metres to accommodate Regional Waste Pickup. The Region’s comments included proposed conditions of Draft Approval which have been included in Attachment 2. 9.2 Durham Region Transit Durham Region Transit has no objections to the application and has provided site plan related comments and suggests a public walkway, mid-block between Rudell Road and Pedwell Street should be provided. DRT also notes existing stops east of Rudell Road and Pedwell Street to be maintained during the development of the subject lands. 9.3 Ganaraska Region Conservation Authority The Ganaraska Region Conservation Authority provided technical comments to the applicant regarding the submitted stormwater management study which the applicant’s consultant address. The Conservation Authority has no objection to the approval of the applications, and provided conditions of approval. 9.4 Veridian Connections While Veridian Connections has no objection to the development, expansion/upgrades to the electrical system are required to service the development including padmounted transformer(s). 66 Municipality of Clarington Report PSD-090-17 Page 18 In addition, the existing services that exist along abutting road allowances may have to be relocated to accommodate the development. An existing line along Given Road will have to be addressed/relocated. These technical comments have been forwarded to the applicant and must be resolved as part of the site plan approval and detailed design stage. 9.5 School Boards Both the Kawartha Pineridge District School and the Peterborough Victoria Northumberland and Clarington District School Board have both advised that they have no objection to the proposal. 9.6 Canada Post and Enbridge Gas have no objections. Technical comments were forwarded to the applicant. 10. Departmental Comments 10.1 Engineering Services Engineering Services Department has no objection to the proposed development. Access to the development will be via Given Road and Pedwell Street, without direct access to King Avenue West. The realignment of Given Road and connection to McDonald Crescent can be supported in principle subject to the applicant pursuing the road closure and conveyance and subject to Council’s approval. Special conditions of Draft Approval are recommended to implement the realignment at the applicant’s cost. The Clarington Engineering Services Department can support an entrance to Pedwell Street, however the access should shift as far north as possible, which will result in the loss of one lot on the west side of Pedwell Street in the location of the former road allowance. As Lindvest owns a small triangle that would assist in creating this additional proposed lot, the Municipality acknowledges that further consultation with Lindvest is required. This will be reviewed through the site plan application. The applicant must install a suitable slip or bypass lane on the east side of Pedwell Street. This will allow through traffic to proceed north should there be any northbound left-turn queuing and to ensure no impact to the intersection. The preliminary design for the slip lane requires further refinement and will be addressed at the detailed design stage. Other standard conditions of approval will be applied relating to road design, final approval of servicing, grading and engineering details, noise attenuation and parkland dedication. 67 Municipality of Clarington Report PSD-090-17 Page 19 10.2 Emergency and Fire Services Emergency and Fire Services has no objections and has provided technical comments to be addressed at the site plan stage. Fire routes are to be provided and signed appropriately as no parking/fire route. The distance from fire hydrant to the fire department connection cannot exceed 45 metres. 10.3 Building Division The Building Division has no concerns with the proposed applications. 10.4 Operations The Operations Department has no objections to the proposal in principle. However they have requested details on new public infrastructure proposed by this development. Additional comments relating to a future site plan application would be required to address snow storage, maintenance of clean roads during construction, and snow clearing of the public sidewalk. 11. Discussion 11.1 The Proposal implements the Official Plan’s Community Structure for Newcastle The subject site is located within a Local Corridor in the approved Official Plan connecting to the downtown. The Local Corridor policies support mixed-use developments up to six storeys in height, provided the policies of the Official Plan can be satisfied. The purpose of establishing Local Corridors in Clarington Official Plan Amendment 107 is to support the overall framework for growth that can accommodate population and housing targets. Encouraging higher densities in key areas that support transit initiatives and helps to build a critical mass to support the business case for expansion of transit services. Midrise development also reduces consumption of agricultural land, provides a range of housing choices, efficiently uses infrastructure and supports climate change initiatives. The development provides a residential density of 110 units per net hectare, and a Floor Space Index of approximately 1.2. The development meets the minimum density requirements however the Floor Space Index falls short of the Local Corridor Target of 2.0 which is intended to be a long term target. The site is within a section of Local Corridor that extends between the Newcastle urban boundary to the west, and the village commercial centre to the east. Based on other constraints to development and redevelopment within the Newcastle Local Corridor (existing fire hall, municipal lands, open space including stormwater management facilities, existing low rise development), there are limited opportunities to accommodate higher densities. While the majority of the apartment building is four storeys, higher densities are being achieved only because the proponent is constructing underground 68 Municipality of Clarington Report PSD-090-17 Page 20 parking. This development contributes to the Municipality’s overall built form and housing unit targets for the Local Corridor. A total of 1,570 square metres of commercial floor space is proposed. The Official Plan policy permits this amount of commercial floor space, however individual stores will be limited to a maximum of 300 square metres to limit the scale of commercial units to service the neighbourhood. The proposed Zoning By-law amendment implements this requirement. Overall, the density, built form and unit types conform to the Regional and Clarington Official Plan and implement the community structure plan. 11.2 The Building Height has been Reduced Following the Public Information Centre and Public Meeting the proposal was revised to address comments regarding scale, height and design. • Reduced height of the apartment building at King Avenue/Rudell Road by removing the loft from six storey elevation; • Reduced height of the apartment building adjacent to Given Road from six storeys (plus loft) to a maximum of five storeys without any loft; • Adjust the type and mix of building materials, including less glass; Design elements of the project will be further elaborated through the site plan process. While the Village has significant historical buildings in the central commercial area, the subject lands are within a suburban area of Newcastle. Through the site plan process, staff will provide balanced consideration of the site’s existing context and the Official Plan urban design objectives, including prominent intersection policies. With the removal of the lofts and the reduction of one storey for the portion of the apartment building along Given Road, the visual impact is reduced by two storeys. 11.3 Privacy and Overlook is not an issue due to reduced building heights, relative grades and intervening buildings A major concern for residents of Flood Avenue was the potential overlook of their rear yards from this development. It is staff’s view that this is not of concern due to the following: • The building height at the northern portion of the building (by the Given Road/Rudell Road intersection) has been reduced as outlined in the previous section. • There is a significant grade change, particularly on the easterly sections, where the single detached homes on Flood Avenue are at a higher elevation than the apartment building, thus obscuring the views behind the privacy fences. • There is a future intervening townhouse development on the Lindvest townhouse block on the north side of Given Road. This townhouse development will block views into rear yards with the exception of limited gaps between the townhouse 69 Municipality of Clarington Report PSD-090-17 Page 21 blocks. Even there, the grade changes and privacy fencing at the rear of the Flood Avenue lots will make any views extremely limited. The images demonstrate that once the townhouse units are built on the Lindvest parcel, the obstruction of views and perceived negative impacts to privacy are negligible. The images assume two storey townhouses on the vacant lands, Figure 6: View from Flood Avenue residence toward the apartment building with view of intervening two-storey townhouse north of Given Road on Lindvest Lands. Figure 7: View from 5th floor apartment building looking toward Floor Avenue with intervening two-storey townhouses on Lindvest Lands. 70 Municipality of Clarington Report PSD-090-17 Page 22 Shadow impacts as outlined the Shadow Study (See Section 7.6) will be minimal on existing residential dwellings. 11.4 Neighbourhood Level Commercial Uses are provided. As population growth continues in Newcastle, so too will the demand for retail space and services. In planning for complete communities the goal is to provide services and convenience opportunities within 5-10 minute walk. The intersection of Pedwell Street and King Avenue East is approximately a 10 minute walk from Mill Street making virtually all of this neighbourhood outside of the ideal walking distance to the downtown commercial area. The commercial units will service the west end of Newcastle, generally west of Foster Creek, with limited convenience type uses. Store sized are limited to 300 square metres. In staff’s opinion, the commercial services offered through this project will not have any negative impact on the existing downtown. Instead the proposed retail space will provide amenities that are needed for a growing walkable neighbourhood. 11.5 The Condominium Apartment Building will contribute to the variety and affordability of housing in Newcastle The applicant has clarified that the proposed apartment building will be condominium tenure. This does not preclude some units from being purchased as an investment and rented. Many residents have raised the question of whether the units would be assisted housing or “geared to income” units in a rental building. The Planning Justification Report referenced that the proposed development improves housing accessibility by increasing the provision of “affordable” housing. The term “affordable” is used in a relative sense to compare a unit within the proposed condominium building versus a single detached dwelling in the general vicinity. These units are expected to be considered mid-range condominium units and affordable for moderate income families, including some seniors. So while it contributes to a variety of housing choice, it doesn’t provide housing for low income residents. 11.6 Expansion of School Capacity has to be addressed by the School Boards for not only this project but for the Neighbourhood as it grows School capacity is raised as a concern. It should be noted that apartment style units, regardless of tenure, yield considerably fewer students per dwelling than single detached homes. Many of the apartment units are occupied by adults only. For planning purposes the public school board has previously indicated that on average there are only 0.027 elementary age students per apartment unit and 0.0134 secondary school students per apartment unit. For Townhouse units the estimated student yield is 0.2326 and .0673 for elementary and secondary schools respectively. Based on these numbers the total development will yield approximately seven elementary school and four secondary school students respectively to the Kawartha Pine Ridge District School Board system. Generally, yields to Separate School Board are less than the public board. 71 Municipality of Clarington Report PSD-090-17 Page 23 School boards have the exclusive jurisdiction over school capacity concerns or new school construction. New school sites are planned, together with the school boards, as part of Secondary Plan or Neighbourhood Design Plan exercise, based on projections for school aged children related to proposed growth in the area. However, provincial funding together with a declining school enrolment has seen designated and approved school sites in all three urban areas being relinquished by both the public and separate school boards. With the relinquishment of the Elementary School site on Grady Drive, it is our understanding that Kawartha Pine Ridge District School Board is considering an elementary school as part of new school facilities on the site that they acquired on the west side of Rudell Road. Both the Kawartha Pineridge District School Board and the Peterborough Victoria Northumberland and Clarington District School Board have both advised that they have no objection to the proposal. 11.7 Regional Review has constrained site access Due to access spacing requirements of the Region of Durham for Type “A” arterials, the right-in/right-out access to King Avenue has been deleted. The Region and Clarington Engineering Staff are satisfied that the development can function adequately with access via Rudell Road and Pedwell Street. At such time King Avenue West is widened to two lanes in each direction, it may be possible to introduce a right-in/right-out access along King Avenue. The existing signals at Rudell Road, and future signals at Pedwell Street will ensure safe traffic movements in and out of the development and existing neighbourhood and will provide safe pedestrian crossings for residents and students. The east side of Pedwell Street will be widened to accommodate a slip lane in the event that northbound traffic creates a queue from turning left into the site. 11.8 Realigned Given Road connecting to McDonald Crescent will not create significant impacts The revisions to the road network are presented in the amendment to the Neighbourhood Design Plan (Attachment 1). Some residents were concerned about traffic impacts with McDonald Crescent becoming connected via Given Road to Rudell Road, versus maintaining a crescent with access to Flood Avenue only. Staff have reviewed this concern in depth including discussions with the traffic consultant. Very few vehicular trips from the development will use McDonald Crescent. Terminating Given Road as a cul-de- sac is not desirable where opportunity for a more grid like pattern is possible. It removes options for better pedestrian and vehicular circulation including easier access for McDonald Crescent residents to Highway 2and thus reducing their reliance of Flood Avenue as the only point of access. Staff recommend Given Road connect to McDonald Crescent. 72 Municipality of Clarington Report PSD-090-17 Page 24 11.9 Pedestrian Connectivity to transit and Highway 2 will be enhanced To address Durham Regional Transit comments about access to transit stops and overall pedestrian connectivity within the neighbourhood, a condition of Draft Approval requires the owner to provide a public easement over the subject lands (mid-block between Rudell Road and Pedwell Street) which will have the effect of connecting the rest of the neighbourhood to King Avenue West. This will be in the form of a sidewalk or paved connection, with final location and details determined at the final approval stage. 11.10 Sufficient Parking is provided Residents expressed concern about the lack of parking on site. As discussed in the Traffic Impact Study (Section 7.3) on-site parking has been provided in accordance with the provisions of the Zoning By-law including visitor parking at a rate of 0.25 spaces per unit.. An area of the underground parking will be reserved for residents, while a separate area will be set aside for visitor and staff of the commercial units. This will be implemented through the site plan and condominium approvals. 11.11 Water and Sanitary Sewer services will be upgraded Water and sanitary sewers are available to service the site, however development of the apartment building on Block 1 is dependent on the trunk sewer extension via Toronto Street to the Foster Neighbourhood. Site plan conditions will be required to address servicing and phasing. The Region indicates that the trunk sewer work will be tendered late 2017/early 2018. Regional Works staff were forwarded all resident concerns and comments relating to lack of water pressure. Regional staff indicated that the water pressure for the entire Foster Creek neighbourhood is within the acceptable servicing range (above 275 kPa / 40 psi). The proposed development is not expected to impact existing water pressure given the location of the site and the existing watermain infrastructure. An upcoming Environmental Assessment will be assessing the water system in Newcastle. 11.12 On-site Amenity Space will be provided and public parkland will be enhanced Through the site plan process, the applicant must demonstrate that there is sufficient private amenity space on site. Amenity space guidelines seek to provide a minimum of four square metres per unit. Based on 198 units, a total of 792 square metres (8,525 square feet) will need to be provided on the site plan. This has been included as a requirement of the zoning by-law amendment. The intent of amenity space on site is to provide outdoor recreation space for residents of the development. It could be provided at grade or on the roof top, and could include play area for children, shade structures, barbecue space, seating, and landscaping among other elements. The applicant continues to explore where this will be provided on site but is prepared to provide the space in accordance with the Municipality’s Amenity Space Guideline. 73 Municipality of Clarington Report PSD-090-17 Page 25 Public parkland is also provided at a neighbourhood level. Block 5 will be dedicated to the Municipality as part of the Owner’s public parkland requirements and will meld with a small parcel located just east of Block 5 to create a landscape feature along King Avenue. The Rickard neighbourhood park is situated along Grady Drive, with another park planned west of Rudell Road. Future park plans within the 5 year capital works forecast anticipate the construction of additional sports fields on the lands surrounding the Diane Hamre Recreation Complex. These parks together with nearby walking trails provide multiple areas for outdoor recreation. 11.13 Mid-rise development does not create the perceived social impacts that residents fear Residents raised concerns that the project would attract the criminals or criminal activity, have a negative impact on property values, and lead to additional noise, littering and trespass on private property. These opinions are not supported by research. People who live in mid-rise apartments, whether rental or condominium tenure, are a cross- section of society like the rest of the neighbourhood. One resident also requested putting restrictions or costs on the builder which are not supported by staff. It is unreasonable to expect the owners of the new condominium units to, for example, provide free access to their private amenity space or install security systems in adjacent homes. 11.14 Construction Impacts will be consistent with a new neighbourhood. A new neighbourhood builds out over a number of years creating inevitable impacts on the first residents to move into the area. Municipal staff will take the evolving municipal practices to mitigate the impact on existing residents. This includes a dust management plan which is a condition of all development approvals. This does not mean that dust from construction will be completely eliminated, the aim is to keep it under control. This will equally be applied to the medium density site to the north of the subject lands. 11.15 Proposed Disposition of the Applications a) Official Plan Amendment With the approval of the Official Plan Amendment 107 to the Clarington Official Plan by the Region of Durham on June 19, 2017 implementing the Municipality’s comprehensive review, the proposed application implements Council’s policy with respect to Local Corridors. Accordingly, the Official Plan amendment application is unnecessary and the file will be closed at the Applicant’s request. 74 Municipality of Clarington Report PSD-090-17 Page 26 b) Amendment to Neighbourhood Design Plan The proposed amendment to the Neighbourhood Design Plan (Attachment 1) provides for the realignment of Given Road and the creation of the proposed mixed use block. Lindvest, the owner of the medium density block has indicated they may proceed with 21 street townhouse units in five blocks, although they have not completed their analysis. This is also represented in the amendment to the design plan but will still require Planning Act approvals should they wish to proceed. c) Proposed Conditions of Draft Approval Conditions of Draft Approval (Attachment 2) contain standard conditions reflecting staff and agency requirements. Special conditions relating to the closure and conveyance of Given Road, cost sharing for the signalization of Pedwell Street at King Avenue West, and parkland dedication are included. Parkland will be calculated a rate of 1 hectare per 300 units for the residential component and 2% of the land area for commercial purposes, less the dedication of the parkette Block 5 (0.136 ha), with the remaining parkland provided as a cash-in-lieu payment. The applicant has provided their concurrence on the conditions of draft approval. d) Proposed Zoning By-law Amendment The proposed Zoning By-law Amendment (Attachment 3) places lands in a site specific Urban Residential R4 zone and a site specific General Commercial (C1) Zone which are scoped to permit the development as presented on the preliminary site plan. e) Closure/Conveyance of Given Road The applicant is requesting the closure and conveyance of part of the Given Road, road allowance and the realignment of the right-of-way. A condition of approval will require the applicant to proceed through the Municipality’s closure and conveyance process to facilitate the development. 11.16 Taxes All taxes owing to the Municipality of Clarington have been paid in full. 12. Concurrence Not Applicable. 75 Municipality of Clarington Report PSD-090-17 Page 27 13. Conclusion The proposed development successfully implements the Municipality’s vision for a mixed use, higher density development along a Local Corridor and the primary transit spine of the Region. The proponent has responded to resident concerns regarding height and building materials which has resulted in a reduction of units. The only part of the building at six storeys will be the portion right at the corner of Rudell Road and Highway 2 while the majority of the building is four storeys tall. It is respectfully recommended that the applications to for a mixed use development including 198 residential units and 1,570 square metres of commercial floor space be approved. 14. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan. Submitted by: Reviewed by: David J. Crome, MCIP, RPP Andrew C. Allison, B.Comm, LL.B Director of Planning Services CAO Staff Contact: Anne Taylor Scott, Senior Planner, 905-623-3379 ext. 2414 or ataylorscott@clarington.net Attachments: Attachment 1 – Proposed Amendment to the Foster North East Neighbourhood Design Plan Attachment 2 – Proposed Conditions of Draft Approval Attachment 3 – Proposed Zoning By-law Amendment List of interested parties to be notified of Council's decision is on file in the Planning Services Department. ATS/CP/tg/ah I:\^Department\LDO NEW FILING SYSTEM\Application Files\SC-Subdivision\S-C-2017\S-C-2017-0006 Tornat\Staff Report\Recommendation\PSD-090-17_Final.docx 76 Attachment 1 to Report PSD-090-1777 Attachment 2 to Report PSD-090-17 Page | 1 Conditions of Draft Approval File Number: S-C-2017-0006 Issued for Review: November 21, 2017 Notice of Decision: _____________ Draft Approved: ________________ __________________________ David J. Crome, MCIP, RPP Director of Planning Services Municipality of Clarington Part 1 – Plan Identification 1. The Owner shall have the final plan prepared on the basis of approved draft plan of subdivision S-C-2017-0006 prepared by D.G. Biddle and Associates Limited identified as job number 115142, last revised October 13, 2017 which illustrates an apartment block (1.096 hectares) containing 172 units, two townhouse blocks (0.147 hectares) containing 10 units, and a mixed use block (0.554 hectares) including 1570 square metres of commercial floor space and 16 residential units for a total of 198 residential units. The redline revisions are: 1. Widen Given Road by an additional 1 metre on the south side of Given Road to accommodate an ultimate 20 metre right-of-way width (together with a future widening on the north side of Given Road, from the access to Block 1, westerly to Rudell Road 2. Add a 0.3 metre reserve to preclude access along the south side of realigned Given Road (along Blocks 1, 2, 3 and 4), with the exception of 30 m approximately 60 metres east of Rudell Road, which is subject to site plan approval. Part 2 – General 2.1 The Owner shall enter into a subdivision agreement with the Corporation of the Municipality of Clarington (the “Municipality”) that contains all of the terms and conditions of the Municipality’s standard subdivision agreement respecting the provision and installation of roads, services, drainage, other local services and all internal and external works and services related to this plan of subdivision. A copy of the Municipality’s standard subdivision agreement can be found at https://www.clarington.net/en/do-business/resources/application-forms/subdivision- agreement.pdf 78 Page | 2 2.2 The Owner shall name all road allowances included in the draft plan to the satisfaction of the Municipality and the Regional Municipality of Durham (the “Region”). 2.3 All works and services must be designed and constructed in accordance with the Municipality’s Design Guidelines and Standard Drawings. Architectural Control 2.4 (1) The Owner shall be 100% responsible for the cost of a “Control Architect” to review and approve all proposed models and building permits, to the satisfaction of the Director of Planning Services. (2) No residential units shall be offered for sale to the public on the draft plan until such time as the exterior architectural design of each building has been approved by the Director of Planning Services. (3) No building permit shall be issued for the construction of any building on any residential lot or block on the draft plan, until the exterior architectural design of each building and the location of the building on the lot has been approved by the Director of Planning Services. Marketing and Sales 2.5 (1) The Owner shall prepare a Land Use Plan which shows the draft plan and surrounding land uses. The Land Use Plan shall be in a format approved by the Director of Planning Services. (2) The Owner shall erect and maintain a sign on the development site and/or in the sales office which shows the Land Use Plan as approved by the Director of Planning Services. (3) The Owner shall submit its standard Agreement of Purchase and Sale to the Director of Planning Services which includes all warning clauses/ notices prior to any residential units being offered for sale to the public. Site Alteration 2.6 Draft plan approval does not give the Owner permission to place or dump fill or remove fill from, or alter the grade of any portion of the lands within the draft plan. The Owner shall be required to obtain a permit from the Municipality under Site Alteration By-law 2008-114, as amended, for any such work. If any portion of the lands are within an area regulated by a conservation authority, the Owner shall obtain a permit from the conservation authority in addition to obtaining approval from the Director of Engineering Services regarding the intended haulage routes, the time and duration of the site alteration work and security relating to mud clean up, road damage and dust control in accordance with the Dust Management Plan in Section 4.7. After registration of a subdivision agreement, the provisions of the 79 Page | 3 Municipality’s standard subdivision agreement shall apply to any proposed site alteration on the lands covered by the subdivision agreement. Part 3 – Final Plan Requirements 3.2 The Owner shall transfer to the Municipality (for nominal consideration free and clear of encumbrances and restrictions) the following lands and easements: (a) Road Widenings • A road widening to accommodate the realignment of Given Road shown as Block 6 on the draft plan • A road widening along the east side of Pedwell Street as shown as Block 8 on the draft plan (b) Sight Triangles • A 5 metre x 5 metre sight triangle at the corner of Rudell Road and realigned Given Road. (c) Reserves • A 0.3 metre reserve shown as Blocks x and x on the draft plan. (d) Parkland Dedications • Park or other public recreational area shown as Block 5 on the draft plan. (e) Easement for Public Walkways • The Owner shall agree through the subdivision agreement to transfer an easement for the construction of a walkway, at 100% cost of the Owner, in the vicinity of the common lot line of Block 1 and 2. The location of the walkway shall be detailed as part of the Site Plan approval. 3.4 The Owner shall transfer to the Region (for nominal consideration, free and clear of encumbrances and restrictions) the following lands and easements: (a) Road widening along King Avenue West as shown as Blocks 7 and 9 on the Draft Plan to provide a minimum of 18.0 metres measured from the centreline of King Avenue West (Durham Regional Road Highway 2) along the total frontage of King Avenue West. 80 Page | 4 Part 4 –Plans and Reports Required Prior to Subdivision Agreement/Final Plan Registration 4.1 The Owner shall submit the following plans and report or revisions thereof Phasing Plan (1) The Owner shall submit plans showing the proposed phasing to the Municipality and the Region for review and approval if this subdivision is to be developed by more than one registration. The Phasing Plan must show how the roads and associated infrastructure within each phase are intended to connect to subsequent phases of development, including the provision of temporary or transitional works such as temporary turning circles, external easements for temporary turning circles, and associated frozen lots. The Municipality shall require the preparation of a subdivision agreement for each phase of development. Noise Report (2) The Owner shall submit to the Director of Engineering Services, the Director of Planning Services and the Region, for review and approval, an updated noise report, based on the preliminary noise report entitled entitled Noise Impact Study prepared by D.G. Biddle & Associates Limited and dated February 2017 (the “Noise Report”), Project No.115142. The Owner acknowledges that an updated noise report will be required as part of Site Plan Approval for Blocks 1, 2, 3 and 4, and agrees to implement noise mitigation and warning clauses as recommended at that time. Functional Servicing (3) The Owner shall submit an updated Functional Servicing Report satisfactory to the Director of Engineering Services and Ganaraska Region Conservation Authority. Community Theme (4) Establishing a “Community Theme” will be approved as part of the required site plan approval for the blocks to the satisfaction of the Director of Planning Services and Director of Engineering Services. Consideration will be given to approve Community Theme plans for abutting lands in the Foster Neighbourhood to ensure that previously approved design elements can be extended to this plan, where feasible. Plans shall include a cohesive design for gateway treatments, landscape treatments, lighting fixtures, and fencing details and shall meet the Urban Design policies of the Clarington Official Plan, including the Prominent Intersection policies. Environmental Sustainability Plan (5) The Owner shall submit an update of the Environmental Sustainability Plan based on the preliminary Environmental Sustainability Plan entitled Sustainability Energy Conservation Plan prepared by D.G. Biddle and Associates Limited, dated April 2017, to the satisfaction of the Director of Planning Services. Such plan shall identify the measures that the Owner will undertake to conserve energy and water in excess of the standards of the Ontario Building Code, reduce waste, increase 81 Page | 5 recycling of construction materials and utilize non-toxic, environmentally sustainable materials and finishes. Soils Management Plan (6) Prior to Authorization to Commence, the Owner shall provide a Soils Management Plan for review and approval by the Director of Engineering Services. Such plan shall provide information respecting but not limited to any proposed import or export of fill to or from any portion of the Lands, intended haulage routes, the time and duration of any proposed haulage, the source of any soil to be imported, quality assurance measures for any fill to be imported, and any proposed stockpiling on the Lands. All imported material must originate from within the Municipality of Clarington. The Owner shall comply with all aspects of the approved Soils Management Plan. The Director may require the Owner to provide security relating to mud clean up, dust control and road damage. Dust Management Plan (7) Prior to Authorization to Commence Works, the Owner is required to prepare a Dust Management Plan for review and approval by the Director of Engineering Services. Such plan shall provide a practical guide for controlling airborne dust which could impact neighbouring properties. The plan must: (a) identify the likely sources of dust emissions; (b) identify conditions or activities which may result in dust emissions; (c) include preventative and control measures which will be implemented to minimize the likelihood of high dust emissions; (d) include a schedule for implementing the plan, including training of on-site personnel; (e) include inspection procedures and monitoring initiatives to ensure effective implementation of preventative and control measures; and (f) include a list of all comments received from the Municipality, if any, and a description of how each comment was addressed. Part 5 –Special Terms and Conditions to be Included in the Subdivision Agreement 5.1 Lands Requiring Site Plans The owner shall not make an application for a building permit in respect of Blocks 1, 2, 3 and/or 4 until the Owner has received site plan approval from the Municipality under Section 41 of the Planning Act, R.S.O. 1990, C.P.13. 5.2 Sale of Units within the Draft Plan of Subdivision As all lands require site plan approval which may result in the reconfiguration of the site, units and parking areas, the owner shall not offer for sale nor enter into Purchase and Sale Agreements until Draft Site Plan approval has been granted and to the satisfaction of the Director of Planning Services. 5.3 Closure, Conveyance and Realignment of Given Road 82 Page | 6 The owner apply for the closure, conveyance and realignment of Given Road road allowance. All approvals shall be subject to the approval of the Director of Engineering Services and by by-law approved by the Municipality of Clarington. The owner shall be 100% responsible for all costs associated with the closure and conveyance process. The owner shall be 100% responsible for all cost associated with the reconstruction of Given Road and for completing the necessary connections to McDonald Crescent. The Engineering drawings for the Subdivision S-C-2017-006 shall include all works necessary for the realignment, including but not limited to any utility/service relocation, road construction and road restoration along the former road alignment all to the satisfaction of the Director of Engineering Services. This work shall also form part of the Engineering Works Cost Estimate and Performance Guarantee. 5.4 Public Walkway The Owner agrees to provide a 3.0 metre wide access easement/dedication to accommodate a public connection over the plan to connect McDonald Crescent to King Avenue West. The exact alignment shall be subject to the approval of the Director of Engineering Services. The Owner agrees to construct a suitable hard surface connection with the easement with final approval determined at the Site Plan Approval stage. Grading of the connection shall be accessible in accordance with the Ontario Building Code. 5.5 Parkland (a) The Owner shall convey Block 5 to the Municipality for Park or other public recreational purposes and pay the Municipality cash-in-lieu of parkland under Section 51.1. of the Planning Act, R.S.O. 1990, c.P.13. The Owner acknowledges that the land and payment represents the value of the land that would otherwise be required to be conveyed at the rate of 1 hectare of land for each 300 dwelling units in the draft Plan as of the day before the approval of draft Plan of Subdivision S-C-2017-0006, less the area of Block 5 at the time of registration of the plan. The Owner shall also pay the Municipality cash-in-lieu of parkland for the commercial block in the amount of 2% of the area of Block 2. (b) (1) In this section, “Park Plan” means a plan prepared by a qualified landscape architect showing: (a) all proposed park features including walkways, landscaping and seating areas; and (b) the proposed grading and stormwater drainage system to demonstrate that the proposed park size, configuration and topography will allow for the construction of park facilities. 83 Page | 7 (2) An Authorization to Commence shall not be issued for any Works until the Owner has submitted and the Director has approved the Park Plan. (3) The Owner shall construct, and ensure the Engineering Drawings incorporate the final grades for the park including 200 mm minimum topsoil and seeding, sodding, all storm sewer servicing within the park, and any other park facility as required within the approved Park Plan. (4) For purposes of the Subdivision Agreement, all works under the section 5.5(3) are considered a separate Works Component with a minimum maintenance period of 2 years. 5.6 Noise Attenuation (1) The Owner shall implement the noise attenuation measures recommended in the noise report entitled Noise Impact Study prepared by D.G. Biddle & Associates Limited and dated February 2017 (the “Noise Report”), and the required addendum report, including noise attenuation measures and warning clauses. (2) The Owner shall not make an application for a building permit for any building on the Lands until an acoustic engineer has certified that the plans for the building are in accordance with the Noise Report. 5.7 Signalization of Pedwell Street/King Avenue West (1) Together with the adjacent landowner of Registered Plan 40M-2540 (Lindvest Properties), the Owner agrees to fund its proportionate share based on trip generation from the respective developments using standard engineering practices in the cost of the installation of traffic signals at Pedwell Street and King Avenue West to the satisfaction of the Director of Engineering Services. Part 6 – Agency Conditions 6.1 Region of Durham (1) The Owner shall provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within, the limits of this plan that are required to service this plan. In addition, the Owner shall provide for the extension of sanitary sewer and water supply facilities within the limits of the plan which are required to service other developments external to this subdivision. Such sanitary sewer and water supply facilities are to be designed and constructed according to the standards and requirements of the Region. All arrangements, financial and otherwise, for said extensions are to be made to the satisfaction of the Region, and are to be completed prior to final approval of this plan. 84 Page | 8 (2) Prior to entering into a subdivision agreement, the Region shall be satisfied that adequate water pollution control plant and water supply plant capacities are available to the proposed subdivision. (3) Prior to the finalization of this plan of subdivision , the Owner must provide satisfactory evidence to the Regional Municipality of Durham in accordance with the Region of Durham’s Site Contamination Protocol, which includes, but may not be limited to the submission of a Site Screening Questionnaire signed by the Owner and a qualified person. (4) The Owner shall grant to the Region any easements required for provision of Regional services for this development and these easements shall be in the location and of such widths as determined by the Region. (5) The Owner shall satisfy all requirements, financial and otherwise, of the Region. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Region concerning the provision and installation of sanitary sewers, water supply, roads and other regional services. 6.2 Ganarska Region Conservation Authority (1) Prior to any on-site grading or construction of final registration of the Plan, the Owner shall submit a detailed stormwater management report in accordance with the current MOE criteria and the report titled “function Servicing Report, Tornat Group, Given Road Foster Creek North”, D.G. Biddle & Associates, October, 2017, which includes: • Conceptual Servicing Plan CP-1 (Feb 2017) • Conceptual Grading Plan CP-2 (Feb 2017) • Conceptual erosion and Sediment Control Plan CP-1 (April 2017) Be prepared to the satisfaction of the Municipality of Clarington and the Ganaraska Region Conservation Authority. (2) That a report be prepared to the satisfaction of the Municipality and the Ganaraska Region Conservation Authority detailed the means whereby erosion and siltation will be minimized and contained on the site both during and subsequent to the construction period. (3) That the Owner agrees in the subdivision agreement to carry out or cause to be carried out all of the measures and recommendations contained within the reports approved under Conditions 6.2 (1) and 6.2 (2). (4) That the Owner agrees in the subdivision agreement to maintain all erosion and siltation control devices in good repair during the construction period in a manner satisfactorily to the Municipality and the Ganaraska Region Conservation Authority 85 Page | 9 6.3 Ministry of Culture, Tourism and Sport (1) The Owner shall carry out archaeological assessment work for the subject property and mitigation and/or salvage excavation (if required) of any significant heritage resources to the satisfaction of the Ministry of Tourism, Culture, and Sport. No demolition, grading or other soil disturbances shall take place on the lands prior to the Ministry of Culture, Tourism and Sport confirming that potential adverse impact to the archaeological resources identified in the archaeological assessment prepared by AST Archaeological and Cultural Heritage Services, and dated November 29, 2016 have been addressed through measures such as preservation, resource removal, licensing and resource conservation requirements. 6.4 Canada Post Corporation (1) The Owner shall satisfy the following requirements of Canada Post Corporation and the Municipality with respect to the provision of mail delivery to the Subdivision Lands and the provision of community mailbox locations, as follows: (a) The Owner shall advise Canada Post as to the excavation date for the first foundation/first phase as well as the date development work is scheduled to begin. (b) If applicable, the Owner shall ensure that any street facing installs have a pressed curb or curb cut. (c) The Owner shall advise Canada Post as to the expected first occupancy date and ensure the site is accessible to Canada Post 24 hours a day. (d) The Owner will consult with Canada Post and the Municipality to determine suitable permanent locations for the Community Mail Boxes. The Owner will then indicate these locations on the appropriate servicing plans. (e) The Owner agrees, prior to offering any units for sale, to display a map on the wall of the sales office in a place readily accessible to potential homeowners that indicates the location of all Community Mail Boxes within the development, as approved by Canada Post. (f) The Owner will provide a suitable and safe temporary site for a Community Mail Boxes upon approval of the Municipality (that is levelled with appropriate sized patio stones and free of tripping hazards), until curbs, sidewalks and final grading are completed at the permanent locations. Canada Post will provide mail delivery to new residents as soon as the homes or units are occupied. 86 Page | 10 (g) Owner agrees to provide the following for each Community Mail Boxes and to include these requirements on the appropriate servicing plans (if applicable): i) Any required walkway across the boulevard, per municipal standards; and ii) Any required curb depressions for wheelchair access, with an opening of at least two meters (consult Canada Post for detailed specifications). 6.5 Utilities (1) The Owner shall coordinate the preparation of an overall utility distribution plan that allows for the safe installation of all utilities including the separation between utilities to the satisfaction of the Director of Engineering Services. (2) All utilities will be installed within the proposed road allowances. Where this is not possible, easements will be provided at no cost to the utility provider. Proposed easements are not permitted on lands owned by the Municipality unless it can be demonstrated that there is no other alternative. Such easements must not impede the long term use of the lands and will be at the discretion of the Director of Engineering Services. (3) The Owner shall cause all utilities, including hydro, telephone, and cable television within the streets of this development to be installed underground for both primary and secondary services. Part 7 – Standard Notices and Warnings 7.1 The Owner shall include a clause in Agreements of Purchase and Sale for all Lots informing the purchaser of all applicable development charges in accordance with subsection 58(4) of the Development Charges Act, 1997, S.O. 1997, C.27. 7.2 The Owner shall include the notices and warnings clauses set out in Schedule 3 of the Municipality’s standard subdivision agreement in Agreements of Purchase and Sale for all Lots or Blocks. 7.3 The Owner shall include the following notices and warning clauses in Agreements of Purchase and Sale for the Lots or Blocks to which they apply: 7.4 Noise Report (1) The Owner shall include the following notice in the Agreements of Purchase and Sale for Lots/Blocks within this Plan of Subdivision: “Purchasers are advised that sound levels will be assessed in detail during the Site Plan Approval stage which is required as a condition of development for the subject lands. Purchasers are advised to refer to detailed warning clauses and noise mitigation techniques included in the Site Plan Agreement.” 87 Page | 11 “Noise from road/rail traffic/existing/proposed commercial development may interfere with some activities of the dwelling occupants as the sound levels will exceed the Ministry of Environment’s noise criteria.” “Dwellings equipped with central air conditioning system will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the Ministry of the Environment’s noise criteria.” “Dwelling units may be fitted with a forced air heating system and the ducting etc. sized to accommodate a central air conditioning unit. The installation of central air conditioning by the homeowner will allow windows and exterior doors to be kept closed, thereby achieving indoor sound levels within the limits recommended by the Ministry of the Environment. (Note: The location and installation of the outdoor air conditioning device should be done so as to comply with noise criteria of MINISRY OF ENVIRONMENT AND CLIMATE CHANGE publication NPC-216, Residential Air Conditioning Devices and thus minimize the noise impacts both on and in the immediate vicinity of the subject property).” “Despite the inclusion of noise control features in the design of the subdivision and individual units, noise levels from road/rail traffic/existing/proposed commercial development may be of concern and may occasionally interfere with some activities of the dwelling occupants as the noise exposure level may exceed the noise criteria of the Ministry of the Environment.” 7.5 Public Walkway The Owner shall include the following warning clause in agreements of purchase and sale and lease agreements for Lots and units within the Draft Plan of Subdivision: “Public Walkway – A 3.0 m easement through Block _____ has been designated for use as a public walkway which shall be maintained and open for public use.” 7.7 Canada Post Corporation The Owner shall include the following notice in the agreements of purchase and sale for all lots: “Mail Service - Purchasers are advised that Canada Post intends to service this property through the use of community mailboxes that may be located in several locations within this subdivision.” 88 Page | 12 Part 8 - Clearance 8.1 Prior to final approval of the plan for registration, the Municipality’s Director of Planning Services shall be advised in writing by, (a) the Region how Conditions 3.4(a), 4.1(1), 5.6, 6.1, 6.3 have been satisfied; (b) Ganaraska Region Conservation Authority, how Condition 6.2 has been satisfied; (c) Ministry of Tourism, Culture and Sport, how Condition 6.3 has been satisfied; (d) Canada Post, how Condition 6.4 have been satisfied; Part 9 – Notes to Draft Approval 9.1 Terms used in these conditions that are not otherwise defined have the meanings given to them in the Municipality’s standard subdivision agreement. 9.2 As the Owner of the proposed subdivision, it is your responsibility to satisfy all conditions of draft approval in an expeditious manner. The conditions of draft approval will be reviewed periodically and may be amended at any time prior to final approval. The Planning Act provides that draft approval, may be withdrawn at any time prior to final approval. 9.3 If final approval is not given to this plan within three (3) years of the draft approval date, and no extensions have been granted, draft approval shall lapse and the file shall be closed. Extensions may be granted provided valid reason is given and is submitted to the Director of Planning Services for the Municipality of Clarington well in advance of the lapsing date. 9.4 Where an agency requirement is required to be included in the Municipal subdivision agreement, a copy of the agreement should be sent to the agency in order to facilitate their clearance of conditions for final approval of this plan. The addresses and telephone numbers of these agencies are: (a) Durham Regional Planning Department, 605 Rossland Road East, P.O. Box 623, Whitby, Ontario L1N 6A3 (905) 668-7721. (b) Ganaraska Region Conservation Authority, Box 328, Port Hope, Ontario LIA 3W4 (905) 885-8173. (c) Ministry of Tourism, Culture and Sport (d) Canada Post, Metro Toronto Region, 1860 Midland Ave. 2nd Floor Scarborough ON, M1P 5A1 I:\^Department\LDO NEW FILING SYSTEM\Application Files\SC-Subdivision\S-C-2017\S-C-2017-0006 Tornat\Correspondence\Attachment 1 Tornat Conditions of Draft Approval V1 Nov 16, 2017.docx 89 Attachment 3 to Municipality of Clarington Report PSD-090-17 Corporation of the Municipality of Clarington By-law Number 2017-______ being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington. Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, for ZBA 2017-0009; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 15.4 “Special Exceptions – Urban Residential Type Four (R4) ZONE” is hereby amended by adding thereto, the following new Special Exception: “15.4.42 Urban Residential Exception (R4-42) ZONE Notwithstanding 3.16 d., 15.1 a., 15.2 a., 15.2 c., 15.2 g., 15.2 h., 15.2 i, those lands zoned “R4-42” on the Schedules to this By-law shall only be used subject to the following zone provisions: a. Permitted Uses i) Apartment ii) Link Townhouse Dwelling b. Density i) minimum 130 units per net hectare ii) maximum 150 units per net hectare iii) The number of Link Townhouse Dwelling units shall not exceed 10 units. c. Private Lane Width (minimum) 6.5 metres d. Regulations for Apartment Buildings: 90 Page 2 i) The street façade (minimum) shall be 70% of the length of Street Line along King Avenue West and shall have a setback between 2 metres and 8 metres ii) The street façade (minimum) shall be 70% of the length of Street Line along Rudell Road and shall have a setback between 2 metres and 15 metres iii) Transparent Glazing on first storey along King Avenue West street façade (minimum) 30% iv) Transparent Glazing on first storey along Rudell Road street façade (minimum) 30% v) Setback to Street Line along Given Road (minimum) 6 metres vii) Height i) Minimum 4 storeys ii) Maximum 6 storeys iii) Maximum for a building within 25 metres Given Road 5 storeys ix) Underground Parking Structure Setbacks (minimum) 1.2 metres to any property line x) Provisions for air intake, parking structures, and stairwells a) Minimum 3 metre setback to any property line b) Maximum height of air intake/exhaust 1 metre c) Maximum height of stairwell for access to underground parking 2.5 m xi) Bicycle Parking (minimum) 0.5 space per dwelling unit A minimum of 75% of the required spaces shall be within a building or structure. xii) Minimum indoor amenity space 2 square metres per unit xiii) Minimum outdoor amenity space 4 square metres per unit e. Regulations for Link Townhouse Dwellings: i) Setback to the Street Line along Given Road 1.5 m minimum ii) Exterior side yard setback to a private street or sidewalk 1.2 m minimum iii) Setback between Link Townhouse Dwellings without a common wall 5 m minimum 91 Page 3 v) Minimum outdoor private amenity space per unit 30 square metres vi) Minimum outdoor shared amenity space 4 square metres per unit vii) Maximum height 12 metres 2. Section 16.5 “Special Exceptions – General Commercial (C1) Zone” is hereby amended by adding thereto, the following new Special Exception: “16.5.64 GENERAL COMMERCIAL EXCEPTION (C1-64) ZONE Notwithstanding 3.12, 3.16 d., 3.17 a., 16.1, 16.2 and 16.3 those lands zoned C1- 64 as shown on the Schedules to this By-law shall be subject to the following uses and regulations: a. Permitted Residential Uses i) Single Detached Dwelling; and ii) Dwelling units as part of a building containing a permitted non- residential use(s); b. Permitted Non-Residential Uses i) Artisan Studio ii) Convenience Store iii) Retail Commercial Establishment iv) Business, Administrative or Professional Office v) Eating Establishment vi) Eating Establishment, Take-out vii) Financial Office viii) Fitness Centre ix) Day Nursery x) Dry Cleaning Distribution Centre xi) Laundry xii) Medical or Dental Clinic xiii) Printing or Publishing Establishment xiv) School, Commercial xv) Service Shop, Personal xvi) Service Shop, Light c. Regulations for Residential Uses i) Single Detached Dwellings shall comply with the regulations in Section 13.4.45 ii) Dwelling units as part of a building containing a permitted non- residential use shall comply with the regulations in Section 16.2 b. and c. d. Regulations for Non-Residential Uses i) Lot Frontage (minimum) 50 metres 92 Page 4 ii) Setback to Street Line along Pedwell Street and King Avenue West minimum 2 metres maximum 5 metres iii) Setback to R4-42 Zone (minimum) 1.5 metres iv) Setback to Street Line along Given Road (minimum) 20 metres v) Setback to R2-45 Zone (minimum) 10 metres vi) Height minimum 2 storey maximum 4 storeys vii) Storey Height First storey minimum 4 metres First storey maximum 5 metres All other storeys maximum 3 metres viii) Minimum Storey Requirements Above the ground floor, each storey shall contain a floor area equal to no less than 50% of the floor area immediately beneath it to be considered a storey. ix) Street Façade Minimum length of the street façade along King Avenue West and Pedwell Street 50%. x) Minimum amount of transparent glazing within the non-residential use street façade 50% xi) Each building shall have a minimum 12 metre street façade along King Avenue and a minimum of one main active non-residential entrance within the street façade. xii) Maximum gross floor area of non-residential units within a mixed use building 300 square metres xiii) Maximum total gross floor area of non-residential units within the C1-64 Zone 1,500 square metres xiv) Landscaped Open Space (minimum) 10% xv) Planting strip width abutting the R2-45 zone (minimum) 2 metres 93 Page 5 xvi) Minimum bicycle parking/storage spaces for non-residential uses as a percentage of the required automobile parking spaces. 10% xvii) Minimum bicycle parking/storage spaces for residential uses, minimum of 75% of the required spaces shall be within a building or structure. 0.5 per dwelling xviii) Parking and Loading Parking Requirements for Commercial Plaza (minimum) 1 for every 20 square metres xix) Minimum number of loading spaces (3 metres x 7.5 metres) 1 xx) Minimum aisle width (metres) 6.5 6. Schedule ‘4’ to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Holding - Urban Residential Type One ((H)R1) Zone" to "Holding - Urban Residential Exception ((H)R4-42) Zone" "Holding - Urban Residential Type One ((H)R1) Zone" to "Holding – General Commercial Exception ((H)C1-64) Zone" as illustrated on the attached Schedule ‘A’ hereto. 7. Schedule ‘A’ attached hereto shall form part of this By-law. 8. Special provisions for removing the (H) Holding Symbol in the R4-30 and R3-53 Zone. In addition to the general provisions of the Official Plan with respect to the removal of the (H) Holding symbol, Council shall only enact a by-law to remove the (H) Holding Symbol from the R4-42 and C1-64 Zone when: a) Durham Region provides clearance with respect to the Environmental Site Assessment and Archeological Study; b) An agreement is entered into with respect to the funding of signals at Pedwell Street and King Avenue West; c) A pedestrian easement across the site linking McDonald Crescent to King Avenue West is created to the satisfaction of the Municipality; and d) The necessary approvals and agreements are in place for the closure, conveyance and relocation of Given Road to the satisfaction of the Director of Engineering Services. 9. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. 94 Page 6 By-Law passed in open session this _____ day of ____________, 2017 __________________________ Adrian Foster, Mayor __________________________ C. Anne Greentree, Municipal Clerk 95 96 Attachment 2 to Addendum Report PSD-090-17 97 98 99 100 101 102 103 104 105 106 Unfinished Business Item 13.2 The following Resolution #GG-079-18 was tabled from the January 29, 2018 Special General Government Committee Meeting: Resolution #GG-079-18 Moved by Councillor Neal, seconded by Councillor Traill That Capital Project 42-421-18404, RRC – Lobby Digital Display Sign, in the amount of $17,500. be deleted. Tabled Later in the Meeting (See following motions) Resolution #GG-081-18 Moved by Councillor Hooper, seconded by Councillor Woo The foregoing Resolution #GG-079-18 be tabled to the February 5, 2018 Council Meeting. Carried 107 Memo Planning Services Department The Corporation of the Municipality of Clarington 40 Temperance Street, Bowmanville ON L1C 3A6 | 905-623-3379 If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 Planning and Development Committee has recommended to Council that Report CAO- 002-18 be received and approved by the following resolution. That Report CAO-002-18 be received; “That staff be directed to declare approximately 0.8 hectares (2 acres) of the municipally-owned property south of 1895 Cobbledick Road shown in Figure 1 of Report CAO-002-18, as surplus and transfer such property to Durham Hospice – Clarington for nominal consideration, subject to the conditions set out in section 2.11 of Report CAO-002-18 with the exception of the condition that the name “Clarington” be included in the facility’s name; That staff be directed to take all steps to effect the transfer; The Mayor and Clerk be authorized to execute any documentation necessary to effect the transfer; and That the owner of 1895 Cobbledick Road be notified of Committee’s recommendation and all interested parties listed in Report CAO-002-18 and any delegations be advised of Council’s decision." As noted in Section 2.13 of Report CAO-002-18 the Cobbledick site is outside an Urban Area and is designated Community Park. A site specific amendment to the Official Plan is required to permit the hospice at this location. Council’s permission is required to allow Durham Hospice to apply for an Official Plan Amendment Application because of Section 22(2.1) of the Planning Act which states that “no person or public body shall request an amendment to a new official plan before the second anniversary of the first day any part of the plan comes into effect.” Clarington Official Plan Amendment 107 was approved by the Region on June 19, 2017 meaning no applications can be applied for within two years of that date, unless Council declares by resolution that such a request is permitted. To: Mayor and Members of Council From: David Crome, Director of Planning Services Date: January 31, 2018 Subject: CAO-002-18 Report, Durham Hospice location, permission to amend the Clarington Official Plan File: RE 4.18, 1785 Cobbledick Road Page | 2 There are two options to address this requirement of the Planning Act: 1.Council resolution authorizing Durham Hospice to make an application As with other recent requests, Council could add the following additional paragraph in its resolution: “That Council hereby permits Durham Hospice to file an application requesting that the Clarington Official Plan be amended to allow a Hospice at 1785 Cobbledick Road and that by granting such permission to Durham Hospice., Council is in no way expressing any opinion regarding the planning merits of the application or any related application” OR 2.Council resolution directing staff to initiate an amendment to the Official Plan Council could direct staff to undertake a municipally-initiated amendment. This would seem to be more appropriate since by declaring the land to be surplus and selling it to Durham Hospice, Council is, in essence, declaring its opinion on the planning merits of any application. It would thus seem logical for Council should adopt the following additional resolution: “That Council directs staff to initiate an amendment to the Clarington Official Plan to permit a Hospice at 1785 Cobbledick Road” As the report also notes that a zoning amendment is required. It is not recommended that staff initiate a zoning amendment since various background studies are required to address environmental impacts, site servicing and stormwater management. Durham Hospice would prepare these studies in the context of their site plan application and it would inform the performance standards to be included in the Zoning By-law. If you have any questions, please do not hesitate to contact me. David J. Crome Director of Planning Services *av I:\^Department\LDO NEW FILING SYSTEM\Application Files\RE-Real Estate\RE 6.3.4.3 Cobbledick Road, x-ref RE 4.18\MemoMMC_OPAforHospice_CobbledickSite01-31- 18.docx From:Suzanne Elston To:ClerksDepartment@clarington.net Cc:Brian Elston Subject:Report PSD-011-18 - Southeast Courtice Secondary Plan - Draft Terms of Reference Date:February-02-18 1:18:22 PM Mayor & Council: Re: Report PSD-011-18 - Southeast Courtice Secondary Plan - Draft Terms of Reference On behalf on my husband, Brian Elston, and myself, I would like to formalize some of the comments that I made at the Public Meeting on January 29, 2018, to discuss the Draft Terms of Reference for the Southeast Courtice Secondary Plan. As residents with property in the centre of this proposed Plan, we have some serious concerns that are not addressed within the Draft Terms of Reference (TOR). 1. Heritage Despite the assurances of the Director of Planning that Heritage would be a consideration, the TOR do not specify Heritage as one of the five priorities. The Planning Policy Statement (2005), of the Ontario Planning Act sets out: • how the land use planning system works • who makes decisions • ways to resolve disputes and seek public input • provincial and municipal roles in planning administration Specifically, Section 2 of the Act identifies matters of provincial interest, which includes the conservation of significant features of architectural, cultural, historical, archaeological or scientific interest. 2.6.1 Significant built heritage resources and significant cultur- al heritage landscapes shall be conserved. 2.6.2 Development and site alter- ation shall only be permitted on lands containing archaeological resources or areas of archaeo- logical potential if the significant archaeological resources have been conserved by removal and documentation, or by preserva- tion on site. Where significant archaeological resources must be preserved on site, only devel- opment and site alteration which maintain the heritage integrity of the site may be permitted. Our property has been home to my husband’s family since 1827 - forty years before Canada became a country. We have significant historical data about the land around us, including flooding, water table data and other important information that will impact future development in this area. 2. Sustainability and Climate Change While this is a heading in the the Draft TOR (P.4), there is only reference to Sustainability. Climate Change is not even mentioned (let alone addressed) in either the description provided, or the Priority Green Development Framework for Secondary Plans, which form Appendix B of the Draft. We are already feeling the impacts of a climate altered world. The consensus of the established scientific community is that we will experience significant changes to our local climate by 2049. These changes will impact municipal infrastructure and personal property on scales we can only begin to imagine. 3. Climate Adaptation In consideration of the coming changes, the Region of Durham commissioned a study in 2012 to look at future climate predictions. The result was the report, Durham Region’s Future Climate 2040 - 2049 (SENES Consulting), which formed the basis of the Region’s Climate Change Action Plan. Durham Regional Council, on behalf of the Durham Community, approved Towards Resilience - Durham Community Climate Adaptation Plan 2016, on April 14, 2016. This Plan was the collaborative result of representatives from most of lower tier municipalities, the Region’s Conservation Authorities, Durham utilities and other interested parties. Members of Clarington Council who serve as Regional Councillors were provided regular updates on the progress of the Adaptation Plan’s development and were parties to its approval. In my educated opinion, it would be foolhardy and irresponsible to the future residents of southeast Courtice, not to give carefully consideration to the recommendations contained with Adaptation Plan. (https://www.durham.ca/en/living-here/climate-change-and-extreme- weather.aspx) 4. Well Water for Existing Residents Consideration must also be given to the resident who are not part of the Secondary Plan. We have personally experienced the impact that development can have on the water table. After 175 years of excellent water quality and quantity, our well suddenly went dry when the lands north of us were excavated for a housing development. The water table immediately recovered once the backfilling had been completed. The Region of Durham’s Works Department agreed that this had indeed impacted our well, and provided water services and upgraded the pump in our well to ensure that we had adequate water. I can provide more specific data with respect to this, upon request. This is not merely an inconvenience. The United Nations has listed access to clean drinking water as a basic human right. (http://www.un.org/waterforlifedecade/human_right_to_water.shtml) 5. Steering Committee (P. 12, 7.1) The Steering Committee does not include local landowners who are not part of the Landowners Group, despite the fact that much of the identified area is not part of the Landowners group’s properties. I would suggest that the Steering Committee be expanded to include a landowner with large holdings, specifically the Muir family, or their representative. Finally, I understand that the Municipality is under considerable pressure from the developers to fast-track the approvals process. It is my highly educated opinion that this would be a serious mistake. You cannot collect property taxes from residents who have to abandon their homes due to flooding, the inability to get flood insurance, climate-related damage and other catastrophic events related to climate change. Please ensure that my comments are part of the public record and that a copy of these comments is provided to the Director of Planning. Thank you. Suzanne Elston on behalf of Brian and Suzanne Elston 1604 Bloor Street Courtice, ON L1E 2S3 905-434-6865 belston@gmail.com selston@gmail.com