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HomeMy WebLinkAbout01/28/19Final rinC114gton Planning and Development Committee Agenda Date: January 28, 2019 Time: 7:00 PM Place: Council Chambers, 2nd Floor Municipal Administrative Centre 40 Temperance Street Bowmanville, Ontario Inquiries & Accommodations: For inquiries about this agenda, or to make arrangements for accessibility accommodations for persons attending, please contact: Samantha Gray, Committee Coordinator, at 905-623-3379, ext. 2106 or by email at sgray(a.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 General Government Committee meetings. If you make a delegation or presentation at a General Government Committee meeting, the Municipality will be audio recording you and will make the recording public by publishing the recording on the Municipality's website. Cell Phones: Please ensure all cell phones, mobile and other electronic devices are turned off or placed on non -audible mode during the meeting. Copies of Reports are available at www.clarington.net CIarifl#oII Planning and Development Committee Agenda Date: January 28, 2019 Time: 7:00 PM Place: Council Chambers 1 Call to Order 2 New Business — Introduction Members of Committee are encouraged to provide the Clerk's Department, in advance of the meeting, a copy of any motion the Member is intending to introduce, (preferably electronic) such that staff could have sufficient time to share the motion with all Members prior to the meeting. 3 Adopt the Agenda 4 Declaration of Interest 5 Announcements 6 Adoption of Minutes of Previous Meeting There are no minutes of previous meetings to be adopted, as the previous meeting was the Joint General Government and Planning and Development Committee meeting of January 7, 2019 and the minutes have been approved. 7 Public Meetings 7.1 Public Meeting Application for a Proposed Zoning By-law Amendment Page 5 Applicant: Delpark Homes (Prestonvale) Inc. Report: PSD -008-19 Location: 1430 & 1500 Prestonvale Road, Courtice 8 Delegations 8.1 Beth Meszaros, Regarding Proposed Bill 66, Restoring Ontario's Competiveness Act, 2018 8.2 Wendy Bracken, Regarding Unfinished Business Item 14.1, Regarding a Resolution Regarding Durham Region's Solid Waste Management Servicing and Financing Study Report #2019 -COW -3 Page 2 GarjU00II Planning and Development Committee Agenda Date: January 28, 2019 Time: 7:00 PM Place: Council Chambers 8.3 Linda Gasser, Regarding Unfinished Business Item 14.1, Regarding a Resolution Regarding Durham Region's Solid Waste Management Servicing and Financing Study Report #2019 -COW -3 9 Communications - Receive for Information 9.1 Ontario Kathryn Enders, Executive Director, Ontario Farmland Page 7 Farmland Trust, Regarding Feedback on Proposed Bill 66, Restoring Trust Ontario's Competiveness Act, 2018 9.2 CLOCA Chris Jones, Director of Planning and Regulation, CLOCA, Page 12 Regarding CLOCA Comments for Bill 66, Restoring Ontario's Competiveness Act, 2018 9.3 Town of Carolyn Lance, Council Services Coordinator, Town of Page 29 Georgina Georgina, Regarding Bill 66, Restoring Ontario's Competiveness Act, 2018 9.4 Town of Susan Greatrix, Clerk, Town of Orangeville, Regarding Bill Page 31 Orangeville 66, Restoring Ontario's Competiveness Act, 2018 9.5 CLOCA Heather Brooks, Director Watershed Planning & Natural Page 33 Heritage, CLOCA, Regarding Preserving and Protecting our Environment for Future Generations: A Made -in - Ontario Environment Plan 10 Communications— Direction 10.1 Faye Copy of Correspondence from Faye Langmaid, Acting Page 45 Langmaid Director of Planning Services, to Michael Helfinger, Regarding Comments on Bill 66, Restoring Ontario's Competiveness Act, 2018 (Motion to Endorse Staff Comments) Page 3 CIarifl#oII Planning and Development Committee Agenda Date: January 28, 2019 Time: 7:00 PM Place: Council Chambers 10.2 Beth Correspondence from Beth Meszaros, Regarding her Page 51 Meszaros. Delegation on Bill 66, Restoring Ontario's Competiveness Act, 2018 (Motion for Direction) 11 Presentations No Presentations 12 Planning Services Department Reports 12.1 PSD -008-19 Applications by Delpark Homes (Prestonvale) Inc. for a Page 53 Clarington Official Plan Amendment, Draft Plan of Subdivision and Zoning By-law Amendment to permit a 78 dwelling subdivision on the west side of Prestonvale Road and south of Southfield Avenue in Courtice. 12.2 PSD -009-19 2018 Planning Applications Page 64 13 New Business — Consideration 14 Unfinished Business 14.1 Memo from Faye Langmaid, Acting Director of Planning Services, Regarding a Resolution Regarding Durham Region's Solid Waste Management Servicing and Financing Study Report #2019 -COW -3 15 Confidential Reports No Reports 16 Adjournment Page 4 Clarbgtoa Notice of Public Meeting A land use change has been proposed, have your say! The Municipality is seeking public comments before making a decision on an application to amend the Official Plan and Zoning By-law, and a proposed Plan of Subdivision. 01101 $10 Delpark Homes (Prestonvale) Inc. proposes to amend the Clarington Official Plan and Zoning By- law 84-63 to facilitate a Draft Plan of Subdivision application. The proposed Draft Plan of Subdivision would permit 78 residential lots, consisting of 66 single detached dwellings and 12 townhouse dwellings, the extension of Rosswell Drive south a new east -west street and an Open Space block. ' • • _ Address: 1430 & 1500 Prestonvale Road, Courtice The properties are located on the west side of Prestonvale Road, south of Bloor Street and north of Baseline Road. SOUTHFIELD AVENUE, wLu W oC K_ ES,EY CRESCENT 0 South Z Q 2 W s , Courtice!, Z `~ v�l ' 1 �, Arena 1o� 0 a� 0 W k. 4A z Subject Property Single Detached Home: Frontage 10.1m Single Detached Home: Frontage 11.3m Single Detached Home: Frontage 12.Om SC 2018-0005 Townhomes How to • - Informed The proposed Official Plan Amendment, Draft Plan of Subdivision and Zoning By-law Amendment applications with additional information and background studies are available for review at the Planning Services Department and on our website at clarington.net/developmentproposals Questions? Please contact Brandon Weiler 905-623-3379, extension 2424, or by email at bweiler _clarington. net vide How to ProComments Speak at the Public Meeting: Date: Monday, January, 28, 2019 Time: 7:00 pm Place: 40 Temperance Street, Bowmanville, ON L1 C 3A6 Council Chambers, Municipal Administrative Centre Or write to the Planning Services Department to the attention of Brandon Weiler File Number: S -C-2018-0005, COPA2018-0004 & ZBA2018-0026 5 Freedom of Information and Protection of Privacy Act The personal information you submit will become part of the public record and may be released to the public. Questions about the information we collect can be directed to the Clerk's Department at 905- 623-3379, extension 2102. Accessibility If you have accessibility needs and require alternate formats of this document or other accommodations please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Appeal Requirements If you do not speak at the public meeting or send your comments or concerns to the Municipality of Clarington before the by-law is passed: a) you will not be entitled to appeal the decision to the Local Planning Appeal Tribunal; and b) you will not be able to participate at a hearing of an appeal before the Local Planning Appeal Tribunal, in the opinion of the Board or the Tribunal, there are reasonable grounds to do so. V Faye Langmaid, RPP, FCSLA Acting Director of Planning Services I:\^Department\Application Files\SC-Subdivision\S-C-2018\S-C-2018-0005 1430 & 1539 Prestonvale\Public meeting\NOT_Public Meeting Notice_12'14'2018.docx ONTARIO FARMLAND TRUST PROTECTING FARMLAND FOREVER January 15, 2019 Michael Helfinger Intergovernmental Policy Coordination Unit 900 Bay Street, Hearst Block, 7t' floor Toronto, ON M6H 4L1 RE: EBR Registry # 013-4293 for input on the proposed Bill 66, ❑ F12 ❑�� Competitiveness Act, 2018 Ontario Farmland Trust (OFT) is a not-for-profit organization whose mission is to protect and preserve Ontario farmlands and associated agricultural, natural, and cultural features of the countryside. OFT achieves this through direct land securement, stewardship, policy research and education to benefit all Ontarians. Thank you for the opportunity to submit feedback on the proposed Bill 66, ❑KiR= L"= Competitiveness Act, 2018. OFT has played an active stakeholder role in the development of policies that support a prosperous, sustainable and permanent farm sector, including those contained in the Growth Plan, Greenbelt Plan, and Oak Ridges Moraine Conservation Plan. In an effort to continue working with the Province to develop responsible planning policies that support the agri-food sector, OFT has detailed its concerns regarding Schedule 10 of the proposed Bill 66, ❑FTHEEF12 EFF-fl?EETWS11FK7Lff1TEFHTTM in the following document. 2 ❑ aIRMagri-food sector is a major economic engine for the province. In terms of job creation and economic growth, a 2018 report confirmed that the agri-food sector contributes over $39 ELWX2 ❑ HZI=113 D13MP S(BL11P ntarians in the supply chain [ 1 ] . This contribution is overwhelmingly significant in rural areas, where roughly 12% of the GDP and 10% of rural jobs are attributed to the farm sector [2]. Ontario is also positioned favourably to attract agricultural and manufacturing investment because it is a global leader in the agri-food industry and houses one of the largest agri-food hubs in North America. This, in turn, generates growth in employment and GDP. OFT believes that, as currently written, the Open -for -Business Zoning By-law proposed within Schedule 10 of Bill 66 places the agri-food sector and its substantial economic benefits at an unacceptable level of risk. If adopted it will jeopardize the economic contributions of the agri- food sector and expose rural areas to greater economic vulnerability. As such, OFT recommends that Schedule 10 be removed from Bill 66. It is critical that all Acts that protect 4ffBH.P D_FUL13a43lXESERGLFWl3XMMU4lWRZM L2 ❑ M -I MP QE13MECOM-ULvfood sector are retained in full and without exception. Ontario Farmland Trust, c/o University of Guelph, SEDRD, Guelph, ON N1G 2W1 (519) 824-4120 ext. 52654 1 info@ontariofarmlandtrust.ca lwww.ontariofarmlandtrust.ca ONTARIO FARMLAND TRUST PROTECTING FARMLAND FOREVER The following sections provide greater detail regarding Schedule FM threats to the farm sector and suggests DOMIDWIETWLMOP SUCEWBUCI FH -i E FLVZ 1<10113MMIEJ ❑ agri-food investment. Threats to the Farm Sector Schedule 10 of Bill 66 and the Open -for -Business Zoning By-law (OFB-ZBL) could open up for development farmland that is either currently protected (e.g. through the Greenbelt Plan) or is outside of projected municipal growth areas. This negatively impacts the agricultural sector in a number of ways. Schedule 10 of Bill 66: ❑ Threatens to pave over and permanently destroy productive farmland. Only 5% of the Canadian land base is prime agricultural land, the majority of which is in southern OntariRELGBZAWLVUWVJTMLFFHEMMDUULFHHDEL,food sector. Ontario is already losing 175 acres of farmland every day, a rate that could increase under the proposed OFB-ZBL. The loss of this land to non-agricultural uses is irreversible and FH DETLYM S1FW2 EARRGENEUNEEEM Lhfood investment potential. ❑ Risks farmland fragmentation and the dismantling of the agricultural system. A successful agri-food sector relies on a healthy farm sector, which requires access to a contiguous agricultural land base with a system of supportive infrastructure, agricultural services, distributors, and processors. This requirement is recognized by, and is being addressed through, ongoing municipal -level processes to implement the Agricultural System for the Greater Golden Horseshoe. Development approvals outside of strategic growth areas that are delineated in Official Plans and in conformity with the Provincial Policy Statement, Growth Plan, Greenbelt Plan, etc. will fragment and destroy the systems required by the farm sector. As farmland and the agricultural system is fragmented by conflicting land uses, the viability of agricultural enterprises and the agri- food sector is reduced or eliminated. ❑ Will dramatically inflate farmland prices as speculation and land banking increases and further reduce affordability for farmers. Sustaining large swaths of contiguous, affordable farmland is crucial because land ownership provides the long-term, land use certainty that is required for farmers to make investments in their property and business. This contributes to a stronger agri-food sector and more attractive investment environment. ❑ Introduces conflicting land uses adjacent to land used for agricultural purposes. This disadvantages both producers and those on adjacent properties because of the nature of agricultural activity, which generates noise, odours, and dust, and involves the use of slow-moving farm machinery and hazardous materials. Ultimately, introducing incompatible land uses makes it more difficult for farmers to continue running financially Ontario Farmland Trust, c/o University of Guelph, SEDRD, Guelph, ON N1G 2W1 (519) 824-4120 ext. 52654 1 info@ontariofarmlandtrust.ca lwww.ontariofarmlandtrust.ca ONTARIO FARMLAND TRUST PROTECTING FARMLAND FOREVER sustainable farm businesses, can interrupt normal farm practices, and can create conflict with neighbors. ❑ Re -introduces uncertainty around the permanent protection of land for agriculture and agribusiness. Uncertainty about the ongoing protection of land for agriculture discourages investment in agriculture and leads to a deterioration in the resource and the agricultural community associated with it. Given that the best agricultural land is largely located in areas experiencing growth pressures, this uncertainty and the resultant reluctance to invest in agribusiness, will weaken the agri-food sector. Furthermore, the lack of public consultation will result in farmers being unable to provide feedback, challenge decisions, and advocate for the ongoing viability of their business. ❑ , FF7FFEMNVEFnTBEFVMRW EW change. Studies in Ontario indicate that the effects of climate change will be dramatically different across the province and that heat and water stress will likely have negative impacts on agricultural productivity [3,4]. The agricultural and natural lands threatened by the proposed OFB-ZBL help to offset these negative impacts by providing services including carbon storage and flood management. Re -introduced land use uncertainty would also UBEFBILiP farm adaptive and mitigative technologies and practices. M1 al "+■ 11V `+'A WIN -'alp' ■ al 1'.j1111111011 IN1111111111010 in'+■1' ■I■ As currently proposed, the OFB-ZBL is unnecessary and does not appropriately solve the issues it seeks to address. Numerous studies report that there is already enough employment land designated for growth out to 2031 and beyond, meaning the provisions within the OFB-ZBL meant to open up land previously unavailable for development are unnecessary. For example, a 2017 Neptis Report notes that 85% or 87,440 ha of Designated Greenfield Area in the Greater Golden Horseshoe is unbuilt [5], and a 2017 study from Simcoe County indicated that across its 16 municipalities, there were 1,514 ha of excess employment lands to accommodate anticipated growth out to 2031 [6]. These planning horizons can be extended well beyond 2031 when growth is managed through intensification [7]. Existing planning resources, including Official Plans, already allow municipalities to respond to employment opportunities on currently designated lands and direct growth in a strategic and appropriate manner. Municipal polices are developed based on substantive amounts of work supported by public consultation and should not be pre-empted by the OFB- ZBL. The proposed OFB-ZBL disregards the importance and necessity of coordinated, comprehensive planning to maintain and protect the integrity of regional systems, Ontario Farmland Trust, c/o University of Guelph, SEDRD, Guelph, ON N1G 2W1 (519) 824-4120 ext. 52654 1 info@ontariofarmlandtrust.ca lwww.ontariofarmlandtrust.ca E ONTARIO FARMLAND TRUST PROTECTING FARMLAND FOREVER including the agricultural system. Current provincial policies address strategic planning processes at a regional level and should not be bypassed or undermined under any condition. While the OFT is opposed to the currently proposed Open -for -Business Zoning By-law we acknowledge that there are other actions that can be taken to improve the business environment in the province and attract investment in the agri-food sector, which include: ❑ Coordinating the actions of provincial ministries so they work as a team to facilitate appropriate development ❑ $ GRSWU SRL` 0HSL4TKW1S®ZIU INSUFDRUTINSL GF] communications between government agencies and applicants ❑ Providing greater recognition and promotion of the agri-food sector as an economic engine in the province ❑ Promoting job creation and investment opportunities that recognize and support agricultural business potential in rural areas. Farmland is rural employment land and employment in one sector should not place jobs at risk in another, which is the current reality of Schedule 10 given the risks it will create for agricultural viability. ❑ Creating land -use certainty by using existing planning or policy tools to permanently protect critical sector resources including farmland and the agricultural system. The OFT is eager to work with the provincial government to achieve this vision. Thank you for this opportunity to share our recommendations and feedback on the proposed Bill 66, EhUJEETJ2 JV-fl?[TE1RPSJ1ffK7T7TEFTHT= We believe that Ontario has an opportunity to position itself as a national and global leader in strategies that blend environmental/farmland protection and economic growth and is capable of setting an example of how economic prosperity need not be at the expense of the environment. We invite discussion and welcome any questions you might have regarding our submission. We look forward to working with you further. Most Sincerely, s Kathryn Enders Executive Director Ontario Farmland Trust Ontario Farmland Trust, c/o University of Guelph, SEDRD, Guelph, ON N1G 2W1 (519) 824-4120 ext. 52654 1 info@ontariofarmlandtrust.ca lwww.ontariofarmlandtrust.ca 4 10 ONTARIO FARMLAND TRUST PROTECTING FARMLAND FOREVER References: [ 1 ] Ontario Federation of Agriculture. 2018. Agriculture Matters ❑A Guide for Municipal Councillors and Staff. https:Hofa.on.ca/resources/guide-for-municipal-councillors-and-staff/ [2] Ontario Federation of Agriculture. 2013. Economic Contribution of the Ontario Farm Sector 2013. https:Hofa.on.ca/resources/economic-contribution-ontario-farm-sector-2013/ [3] Ontario Centre for Climate Impacts and Adaptation Resources. N.d. Agriculture: in a changing climate. http://www.climateontario.ca/doc/factsheets/Agriculture-final.pdf [4] Tant & Reynolds. 2003. Impacts of Recent Climate Trends on Agriculture in Southwestern Ontario, Canadian Water Resources, 28 (1). [5] The Neptis Foundation. 2017. An update on the total land supply: even more land available for homes and jobs in the Greater Golden Horseshoe. http://www.neptis.org/sites/default/files/land_supply_briefs_2016/an_update_on_the_total_la nd_supply even_ more_ land_ available_for_homes_andJjobs_in_the_ggh.pdf [6] County of Simcoe. 2017. Phase 2 - Employment Land Budget 2017. https://www.simcoe.ca/dpt/pin/growth [7] The Neptis Foundation. 2013. Implementing the Growth Plan for the Greater Golden Horseshoe: Has the strategic regional vision been compromised? http://www.neptis. org/sites/default/files/growth_plan_2013/theneptisgrowthplanreport_final. pdf Ontario Farmland Trust, c/o University of Guelph, SEDRD, Guelph, ON N1G 2W1 (519) 824-4120 ext. 52654 1 info@ontariofarmlandtrust.ca lwww.ontariofarmlandtrust.ca 11 air/Central Lake On tario Conservation Member of Conservation Ontario -DQXDU\ YLD HPDLO DQG PDLOJ WRQVXOUQQnLQQ#RQWDULR FD 0 U .HQ 3HWHUVHQ 3URYLQFLDO 30DQQLQJ 3ROLF\ oUDQFK 0 LQLVWU\ RI 0 XQLFLSDO $IIDLUV DQG +RXVLQJ $D\ 6WUHHW VW IORRU 7 RURQWR 2 1 0 'HDU 0 U 3HWHUVHQ : K L W L Q J $ Y 2 V K D Z D 2 Q W D I + 7 3 K R Q H ) D f H E Z Z Z F 0 R F 1 ( P D L 0 P D L 0# F 0 6XEMHFW &HQWUDO /DNH 12K IEIQ & IKRULW\ &RPPHQWV IRU %L00 5HVWRULQJ 2 QWDULRT V &REGHWLWLYHQHVV $FW 3URSRVHG RSHQ IRU EXVLQHVV SODQQLQJ WRRO 1 HZ 5HJ XODWLRQ XQGHU JWKH$FVBODUDMQ RSHQ IRQ3QLQXVLQHVVO SOD (QYLURQPHQWDO 5HJ LVWU\ RI 2 QWDULR 1 RWLFH 1 XPEHUV 5HVSHFWLYHO\ &/2 &$ , 0 6 1 R 3*'3 $W WKHLU PHHWLQJ RI -DQXDU\ RQVHUYDWL0F $XIQWUJXW\ /DNH&/22 oRDUG RI 'LUHFWRUV SDVVHG WKH IROORZLQJ 5HVROXWLRQ 5HV 0 RYHG E\ & /HDK\ 6HFRQGHG E\ ' 0 LWFKHOO THAT the CLOCA Board of Directors calls for Schedule 10 of Bill 66 to be amended to protect public health and safety and the integrity of the land use planning system; THAT the Commentary in Staff Report 5616-19 and the proposed amendments in Attachment No. 2 be endorsed and submitted to the Province of Ontario and Conservation Ontario as CLOCA's comments regarding Schedule 10 of Bill 66; and, THAT Staff Report 5616-19 be circulated to Watershed Municipalities and adjacent Conservation Authorities for their information. $51( 11.41 What we do on the land is mirrored in the water 12 ,TIV SrOHDLHLLVM6WD Central Lake Ontario Conservation -DVU IHSRWDt7WWDMHf'Hf!R HKWIVKUHWWHU (ERO Posting 013-4293)901f H0MEM (ERO Posting 013-4125) (ERO Posting 013-4239)ffAF What we do on the land is mirrored in the water 13 Central Lake Ontario Conservation 0L-QKMLWSD0-PLffW —DV I SODWDQPPPHfVV EOOKRHD#X ODWLR#F RI What we do on the land is mirrored in the water �4 14 HEF16KFIOUMWHLV : MN M ASRAU MOMAW i cW'j9; OUR ��' LQD0LHWIM-QDWD5HIR4VUWLR@RW 00DOLH d" l' ODAVODAWLDDWRKYUWLRQ 00DAIWLAVDRWRRfWWLRMP OLNDDOWIWVH6LPEH5 HIRWVWLRPWW' S IRI%'' : 7I I ' ' I : /M . it %' ' I BVLf/XWRVHHKP ' ?I i° I l/ B I ' I q ' ,.iii' 'Pv ' i,'I /� I�' : WtWPDLHIR@W IMUPD10M / l t' Wl'% I DHOHHLRWMDP I'/I i1 11:: II ': Il 'lI i1 :'I R 'i ,YMI I :7 ;' % I I ;W : /riT% I li ' NUR AHW0H9LWHLV .HEVLWDJWtKRUU AWLffDJMW 5RJ16D#f@UVE I AM* BUIAJPRBEP SODWDQPPPHfVV EOOKRHD#X ODWLR#F RI What we do on the land is mirrored in the water �4 14 DATE: FILE: S.R.. MEMO TO: FROM: SUBJECT: REPORT CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY January 15, 2019 PGDP25 5616-19 Chair and Members, CLOCA Board of Directors Chris Jones, Director, Planning and Regulation APPROVED BY C.A.O. CLOCA Comments on Proposed Amendments to the Planning Act (Bill 66) The purpose of this report is to introduce recently proposed amendments to the Planning Act contained in Bill 66 H7I UnVFW P / 2 ❑ ❑ FVSR(WFFlEFW regulatory interests and related recommendations. Background On December 6, 2018 the Minister of Economic Development, Job Creation and Trade introduced Bill 66, 5 EEW= EffTN®RP dW11T= The Bill contains amendments to various Acts administered by 12 ministries. This report focuses exclusively on the amendments to the Planning Act proposed in Schedule 10 of the Bill (reproduced as Attachment No. 1 to this Report). A new Section 34.1 of the Planning Act is proposed, which would give new by-law making powers to lower -tier municipalities. Subject to approval by the Minister of Municipal Affairs and Housing, municipalities would be IIAMFF2, SH�-for-business planning by-law. ❑ These new Section 34.1 by-laws would override existing land use policy and controls contained in the Planning Act and other legislation including Provincial Policy Statements, Provincial Plans, Drinking Water Source Protection Plans, Official Plans, Zoning by-laws and Site Plan Control. Section 34.1 by-laws would be similar to a site-specific zoning by-law in that they would regulate land use and the erection, location or use of buildings or structures for a specific development site and could impose certain conditions to approval. Passage of such a by-law may be subject to satisfaction of criteria that may be prescribed by the Minister of Municipal Affairs and Housing. While the proposed amendment to the Planning Act is silent on the specific purpose and types of development that could be approved under the Section 34.1 process, it is understood from government news releases and consultation materials that the intent of Section 34.1 would be to provide a development approval mechanism to TLffN0_JMRLG1EGH_SKI3NMP HJIJ [IF OBL E❑Mness investments. Subject to specific provincial criteria and approval, municipalities would have the option to use the process to attract major employers seeking development sites. Regulations setting out the specific criteria to be considered by the Minister have not been published, but it is understood from the consultation materials that the criteria could include confirmation that the benefitting StRSRN3[P ERMW SO" HL17q-L1dnd evidence that a minimum job creation threshold would be met. It is suggested that the job creation thresholds could be 50 jobs for municipalities with a population of less than 250,000 and 100 jobs for municipalities with a population of more than 250,000 people. Other criteria would include the need to identify the specific land uses, buildings or structures that would be subject to approval and details regarding how notice is to be given by the municipality to the Minister. [REM 15 FILE: PGDP25 S.R.: 5616-19 January 15, 2019 Environmental Bill of Rights Consultation The proposed Bill 66 amendments to the Planning Act and concepts for an implementing regulation have been posted to the Environmental Registry for a comment period ending on January 20th. Conservation Ontario is co- ordinating a response on behalf of all 36 conservation authorities in addition to the individual submissions made by individual conservation authorities. Analysis: Proposed Amendments are Too Broad, Undermine Land Use Planning, Alternatives Recommended Following a review of the proposed amendment and in considering the land use context in the CLOCA Watershed Lei❑❑/ 2 ❑ ❑ YUE03MMUEFEU TFMH DWITIMMV7MI EflD1M, %UFWM R((RZ L_J MUVZ IIIMD proposed Section 34.1 by-law process: Scope of Amendment is Too Broad As currently drafted, a Section 34.1 by-law could be enacted anywhere in a municipality without regard for any existing land uses, environmental hazards, features, constraints or established land use planning. The only scoping or conditions would be established by the Minister of Municipal Affairs and Housing. However, there is no requirement that the minister provide any scoping or conditions. Neither the minister nor the municipality is required to conduct any consultation to determine what might be appropriate scoping or limitations to a Section 34.1 by-law prior to enactment. The stated intent of a Section 34.1 by- BgRUIP E RJUP SUtEP FFVETIINW EEMU 11FEMZq7FCR34ffUZ RE vestment that could provide 50 or more jobs in the Durham Region context, however there are no provisions in the draft legislation that Section 34.1 by-laws would be limited to employment related development in the future. If Schedule 10 of Bill 66 is to be enacted, amendments are required to address the purpose and scope of Section 34.1 by-laws directly in the Planning Act. Further, Subsection 34.1 (6) of the proposed amendment would exempt a Section 34.1 by-law from every fundamental land use planning requirement that would otherwise be applicable. The following table VP P ®ZIP H11 EW ®/ 2 FIE] AM R(1WJIJ_ItIvIH�W that are proposed for exemption under Subsection 34.1 (6), as currently drafted: Exempted Planning Requirement Purpose Relevance to CLOCA Subsection 3 (5) of the Requires land use and development 7 ❑�t� Planning Act decisions to be consistent with the policy -led land use planning system and Provincial Policy Statement and to ensures that land use decisions are made in the conform to provincial land use public interest; specifically this section plans. requires that public health and safety is protected, that resources are managed and used wisely and that communities are built in a manner that is economically, socially and environmentally strong and healthy. Section 24 of the Requires public works This section gives legal effect to municipal Planning Act (i.e. roads and servicing Official Plans and ensures that infrastructure infrastructure) and the enactment priorities and decisions are made in conformity of by-laws to be undertaken in with land use planning. Official Plans have accordance with a municipal been created in the CLOCA watershed to focus Official Plan. growth into Settlement Areas, which furthers the protection of our environmental and agricultural land base and watersheds. 16 FILE: PGDP25 S.R.: 5616-19 January 15, 2019 Exempted Planning Purpose Relevance to CLOCA ��w Requirement Subsections 34 Provides for due process including As a public commenting body with (10.0.0.1) to (34) of the pre -application consultation, public responsibility for the provincial interest in Planning Act meetings, open houses, notice, relation to protecting people and property from appeal rights, conditions, written flooding and erosion natural hazards, CLOCA and oral submissions, and dispute relies upon these provisions of the Planning resolution in relation to the Act to provide the necessary policy and enactment and amendment of technical input into the passage of zoning by- zonin by-laws. laws and to have appeal rights, as necessary. Section 36 of the Provides for the use of holding Holding by-laws are often used to ensure that Planning Act provisions in zoning by-laws to wF / 2 1111 ❑ ensure that certain matters are such as stormwater management and natural addressed prior to the lifting of a hazards are addressed prior to the zoning holding s mbol in a zoning by-law. coming into force. Section 39 of the Clean Gives legal effect to Drinking CLOCA is a drinking water Source Protection Water Act, 2006 Water Source Protection plans. Authority under this Act. The Credit Valley, Requires that planning and Toronto and Region and Central Lake Ontario development decisions conform (CTC) Source Protection Plan has Significant with significant drinking water Drinking Water Threat policies that apply to threat policies and designated land use decisions. For example the CTC Great Lakes policies. Requires Source Protection Plan has polices related to that planning and development Hazardous Waste Management, Septic decisions have regard to other Systems, Stormwater Management Facilities, relevant policies in a Drinking Sanitary Sewers, Storage of Sewage, Industrial Water Source Protection Plan. Effluent Discharges, Application of Road Salt, Water Takings and Groundwater Infiltration Protection that involve land use and development decisions. Section 20 of the Great Ensures that planning and There are no active Great Lakes initiatives in Lakes Protection Act, development decisions conform the CLOCA watershed under this Act. 2015 with Great Lakes protection However it is desirable that future shoreline initiatives. management projects be protected, for example. Section 7 of the Gives legal effect to the Greenbelt The Greenbelt Plan establishes a protected Greenbelt Act, 2005 Plan. Requires planning and countryside across approximately 53% of the development decisions made under CLOCA watershed area ❑primarily in the Planning Act to conform to the headwater regions of the watersheds. All Greenbelt Plan. major environmentally sensitive areas in the protected countryside have been included in a regional scale Greenbelt Natural Heritage System. The agricultural land base is protected and all conflicting land uses, including major employment uses, are directed to Rural Settlements or to Urban Settlement Areas. The plan provides a fixed and permanent urban boundary. ■' ■ ►01�' 17 FILE: PGDP25 S.R.: 5616-19 January 15, 2019 Exempted Planning Purpose Relevance to CLOCA Requirement MAN Section 7 of the Oak Gives legal effect to the Oak The Oak Ridges Moraine Conservation Plan Ridges Moraine Ridges Moraine Conservation provides permanent land use designations in Conservation Act, 2001 Plan. Requires planning and order to protect the ecological and development decisions made under hydrological integrity of the Oak Ridges the Planning Act to conform to the Moraine. This plan protects the headwaters of Oak Ridges Moraine Conservation )UP DRUZ DKIIHNZ I=/ 2 ❑ ❑ 3L Plan. jurisdiction. Development is directed to Settlement Areas in order to protect agricultural lands and natural heritage systems. Subsection 14 (1) of the Gives legal effect to the Growth This plan provides for where development Places to Grow Act, Plan. Requires planning and should take place in rural and urban Settlement 2005 development decisions made under Areas that are property serviced. The Growth the Planning Act to conform to the Plan also provides for economic development Growth Plan for the Greater and competitiveness in employment planning Golden Horseshoe. including an employment target for Durham Region of 430,000 jobs by 2041. The Growth Plan further guides how the land base and supporting infrastructure for these jobs should be identified and protected while protecting watersheds and the broader environment. Any prescribed Subsection 34.1 (6) gives the If enacted, the Minister could exercise this provision. Minister of Municipal Affairs and power at any time, further enhancing the Housing the broad regulation extremely broad scope of the exemptions for making ability to make a regulation Section 34.1 by-laws to any fundamental land identifying any other provision in use planning requirements that exist in provincial law and exempt Section provincial law, which could also apply to 34.1 by-laws from it. Section 28 permits under the Conservation Authorities Act. It is understood that the minister could establish conditions to the approval of a Section 34.1 by-law that might re-establish some of the policy direction contained in the fundamental planning requirements set out in the table above. However, that would be undertaken at the complete discretion of the minister in the absence of any legislated obligation on the minister to consult the public or agencies with technical and site-specific knowledge such as conservation authorities. Section 34.1, as currently drafted, automatically exempts critical public health and safety provisions related to drinking water source protection, land use policies that direct new development away from flooding and erosion natural hazards, including areas that would be unsafe for people in the event of a natural disaster and basic environmental protections for natural heritage including wetlands, woodlands, valleylands and watercourses. The section is too broad, provides the minister with too much unchecked discretion, and should be re -drafted to require the minister to apply all relevant health and safety and environmental protection policies, as a condition to any approval of a Section 34.1 by-law. Finally, if the proposed section is to be enacted, its use should be limited to lands that are currently within an urban or rural Settlement Area in order to maintain the integrity of land use planning in the Province of Ontario. FILE: PGDP25 S.R.: 5616-19 January 15, 2019 2. The Amendment Undermines Land Use Planning Land use planning involves balancing often competing social, economic and environmental needs and desires in order to provide for sustainable prosperity. Our society and economy cannot reach their potential in the face of a degraded and declining environment. Locally, Durham Region has made long- term strategic investments in sound land use planning dating to the adoption of the first Regional Official Plan in 1976 and even prior. We have a sophisticated policy -led land use planning system, worthy of an advanced nation, which has evolved over time to recognize the need to balance social, economic and environmental imperatives. At the broadest level in the CLOCA watershed, the Greenbelt Plan protects nearly 53% of the watershed land base as a protected countryside that supports the agricultural land base, the agricultural economy, rural settlements and the supporting natural heritage and water resource systems necessary to support and secure our economic future in a sustaining environment. The Growth Plan calls for ambitious population and employment growth to be focused and accommodated on the rest of the watershed landscape up to 2042. The Regional Official Plan defines our urban structure with a firm Urban Boundary to focus growth in Regional Centres, Corridors, Living Areas and Employment Areas and allows the rational planning of supporting infrastructure. Local municipal official plans provide all of the detailed designations and policy necessary to provide healthy liveable communities. The proposed amendment undermines all of this prior work by treating existing land use planning as an obstacle that may be overridden in pursuit of certain prioritized investments. As currently set out, it is not clear that once Section 34.1 by-laws are enacted, that employment gains will be guaranteed. The proposed by-laws are not structured to require an employment agreement as an explicit condition of approval. Further, the proposed concept may serve as an incentive for multiple competing municipalities in Ontario to offer up lands that are not intended for employment uses leading to a competitive incentive to erode land use planning across multiple jurisdictions. Both municipalities and investors require the certainty provided by a stable land use system that is informed by sound environmental planning principles, where, at a minimum, employment lands will not be encumbered by unsafe natural hazards, environmental features or within vulnerable areas associated with our drinking water sources. Investors and participants in the land development process, such as CLOCA, also require due process in order to ensure that critical issues, such as the presence of flood plains, are raised during the approval sequence. The proposed Section 34.1 does not provide for pre -application consultation, notice, review and appeal processes, which deprives all parties other than the owner, municipality and Minister with any due process. 3. Support for Economic Development Alternatives CLOCA Planning and Regulation staff currently take an active role in supporting and prioritizing employment related land use planning applications. In 2018, CLOCA staff held a focused working meeting with Town of Whitby Economic Development staff to review all of the vacant employment lands in the town that have CLOCA regulatory and policy interests in order to raise awareness of any potential issues in a proactive manner and to build contacts with economic development staff. Also in 2018, LIR-Im 19 FILE: PGDP25 S.R.: 5616-19 January 15, 2019 CLOCA Planning and Regulation staff participated in the Clarington Board of Trade and Office of ( FRCP IF❑❑FLIMP HIMUnvest Clarington event including a tour of employment lands in the municipality and strengthened our contacts with economic development staff. CLOCA is a member of the Oshawa Chamber of Commerce and participates in Chamber Events. Every year, CLOCA staff facilitate free pre -application consultation meetings with various potential investors or developers of employment lands with a view to explaining the development and permit process in a manner that seeks solutions and facilitates understanding. As an alternative to the Section 34.1 by-law, several other steps could be undertaken that would maintain the integrity of the land use planning system, protect public health and safety and natural environment, while promoting development and redevelopment of employment lands. Options include greater provincial support for implementing the employment related policies of the Growth Plan, provincial infrastructure finding for servicing of employment lands, proactive release of Ministry of Transportation owned lands within Settlement Areas along the 412/407/418 highway corridors, provincial infrastructure investments such as the GO Train Lakeshore East Line extension to Bowmanville and support of municipal employment zoning by-law updates. Finally, the Planning Act already contains a focused instrument, which is used in rare circumstances to secure large-VDDKIP SMEP fFVJETHVW FFVvflTWH-0 EJAVJJVTREU [2 iffl= EBTSRZ m Clause 47 (1) (a) of the Planning Act and has been used to site a Canadian Tire Distribution Centre in Caledon Ontario and the Toyota Automobile Plant in Woodstock Ontario, for example. Recommended Amendments to Address Identified Issues Attachment No. 2 to this report contains staff® recommended amendments to the Bill. This report along with the proposed amendments are recommended for endorsement as CLOCA® submission to Conservation Ontario and directly to the province. The staff recommended amendments would continue to enable the concept of an Open - for -business planning by-law, as proposed, but would add critical provisions: ❑ to ensure that Section 34.1 by-laws deliver the promised employment gains; ❑ to maintain the integrity of the planning system and protect agricultural lands and environmental areas by directing uses to settlement areas; ❑ to confirm that the by-law power is only to be used for employment uses; ❑ to provide for consultation by the province with public bodies that have relevant technical expertise, such as conservation authorities prior to granting approval; and, ❑ to ensure that the province is responsible for ensuring that its approval criteria uphold environmental protections related to public health and safety, the environment and drinking water sources. The proposed changes also seek to ensure that the implementing regulations provide for a streamlined consultation due process. RECOMMENDATION THAT the CLOCA Board of Directors calls for Schedule 10 of Bill 66 to be amended to protect public health and safety and the integrity of the land use planning system; THAT the Commentary in Staff Report 5616-19 and the proposed amendments in Attachment No. 2 be endorsed DE1=EPDMFJWME1MT1EFM2 DUMDUM d❑JIMUREE2 ❑UXMD❑ E]2 ❑❑=RPPIF1FEZFLDUM1E1Schedule 10 of Bill 66; and, THAT Staff Report 5616-19 be circulated to Watershed Municipalities and adjacent Conservation Authorities for their information. CJ/ms Attach. No. 1: Text of Schedule 10, Bill 66 Attach. No. 2: Text of Proposed Amendments to Schedule 10, Bill 66 for the Province of Ontario Environmental Bill of Rights Conservation Ontario 20 Legislative Assemblee Assembly 16gislative of Ontario de ['Ontario 1 ST SESSION, 42ND LEGISLATURE, ONTARIO 67 ELIZABETH 11, 2018 Bill 66 An Act to restore Ontario's competitiveness by amending or repealing certain Acts The Hon. T. Smith Minister of Economic Development, Job Creation and Trade Government Bill 1 st Reading December 6, 2018 2nd Reading 3rd Reading Royal Assent 25 SCHEDULE 10 MINISTRY OF MUNICIPAL AFFAIRS AND HOUSING PLANNING ACT 1 The Planning Act is amended by adding the following section: Open -for -business planning by-law 34.1 (1) A local municipality may pass a by-law to which this section applies (hereinafter referred to as an open -for - business planning by-law) that, (a) involves the exercise of the municipality's powers under section 34; and (b) may impose one or more of the conditions specified in subsection (8) on the use of land or the erection, location or use of buildings or structures. Conditions (2) A local municipality shall not pass an open -for -business planning by-law unless the following conditions are satisfied: 1. The municipality has received approval in writing by the Minister to pass an open -for -business planning by-law. 2. The prescribed criteria, if any, have been met. Request by municipality (3) The approval by the Minister referred to in paragraph 1 of subsection (2) must have been requested by the municipality by resolution, and the request must have been accompanied by the prescribed information. Approval subject to conditions (4) The approval by the Minister referred to in paragraph 1 of subsection (2) is subject to such conditions as the Minister may provide. Purposes of open -for -business planning by-law (5) An open -for -business planning by-law shall not authorize the use of land, buildings or structures except for a prescribed purpose. Non -application of listed provisions (6) The following provisions do not apply to an open -for -business planning by-law: 1. Subsection 3 (5). 2. Section 24. 3. Subsections 34 (10.0.0.1) to (34). 4. Section 36. 5. Section 37. 6. Section 39 of the Clean Water Act, 2006. 7. Section 20 of the Great Lakes Protection Act, 2015. 8. Section 7 of the Greenbelt Act, 2005. 9. Section 6 of the Lake Simcoe Protection Act, 2008. 10. Subsection 31.1 (4) of the Metrolinx Act, 2006. 11. Section 7 of the Oak Ridges Moraine Conservation Act, 2001. 12. Section 13 of the Ontario Planning and Development Act, 1994. 13. Subsection 14 (1) of the Places to Grow Act, 2005. 14. Section 12 of the Resource Recovery and Circular Economy Act, 2016. 15. Any prescribed provision. Application of site plan control (7) Section 41 of this Act and section 114 of the City of Toronto Act, 2006 do not apply in respect of land that is subject to an open -for -business planning by-law. However, those sections do apply if the by-law has been amended, other than in circumstances where the amendment relates only to a condition imposed in accordance with subsection (8). 22 26 Conditions that may be imposed (8) One or more of the following conditions may be imposed in accordance with clause (1) (b): 1. A requirement that any use of land or the erection, location or use of buildings or structures be undertaken in accordance with, i. plans showing the location of all buildings and structures to be erected and showing the location of all facilities and works to be provided in conjunction therewith and of all facilities and works as may be required by a condition imposed under paragraph 2, including facilities designed to have regard for accessibility for persons with disabilities, and ii. drawings showing plan, elevation and cross-section views for any building to be erected, which drawings are sufficient to display, A. the massing and conceptual design of the proposed building, B. the relationship of the proposed building to adjacent buildings, streets and exterior areas to which members of the public have access, C. the provision of interior walkways, stairs, elevators and escalators to which members of the public have access from streets, open spaces and interior walkways in adjacent buildings, and D. facilities designed to have regard for accessibility for persons with disabilities. 2. Any condition that can be imposed by a municipality under subsection 41 (7). 3. Any condition that can be imposed by an upper -tier municipality under subsection 41 (8). 4. Any requirement that is reasonable for and related to the appropriate use of the land and that the municipality considers necessary for the protection of public health and safety. 5. A requirement that the owner of the land to which the by-law applies enter into one or more agreements with the municipality respecting one or more conditions imposed under this subsection. Same (9) The following matters are not subject to a condition imposed under paragraph 1 of subsection (8) with respect to a building: 1. The colour, texture and type of materials, window detail, construction details, architectural detail and interior design. 2. The layout of interior areas, excluding interior walkways, stairs, elevators and escalators referred to in sub - subparagraph 1 ii C of subsection (8). 3. The manner of construction and construction standards. Same (10) If an agreement is entered into in accordance with a requirement imposed under paragraph 5 of subsection (8), (a) the agreement may be registered against the land to which it applies; and (b) the municipality may enforce the agreement against the owner and, subject to the Registry Act and the Land Titles Act, any and all subsequent owners of the land. Notice (11) No notice or hearing is required prior to the passing of an open -for -business planning by-law, but the municipality shall give notice of the by-law, (a) within three days of the passing thereof to the Minister in the prescribed manner; and (b) within 30 days of the passing thereof to any persons or public bodies the municipality considers proper in such manner as the municipality considers proper. Coming into force of by-law (12) An open -for -business planning by-law comes into force on, (a) the 20th day after it is passed, even if that day is a holiday; or (b) such later day as may be specified by the Minister, if the Minister notifies the municipality of that day in writing before the day on which the by-law would otherwise come into force. Minister may modify, revoke (13) The Minister may by order modify or revoke an open -for -business planning by-law at any time before it comes into force. 23 27 Non -application of Legislation Act, 2006, Part III to order (14) Part III of the Legislation Act, 2006 does not apply to an order made under subsection (13). Order provided to municipality (15) If the Minister makes an order under subsection (13), the Minister shall provide a copy of the order to the municipality. Deeming rule for modified by-law (16) If the Minister makes an order modifying an open -for -business planning by-law under subsection (13), the by-law is deemed to have been passed by the municipality with the modifications specified in the order. Deeming rule for revoked by-law (17) If the Minister makes an order revoking an open -for -business planning by-law under subsection (13), the by-law is deemed never to have been passed by the municipality. Amendment and revocation (18) An open -for -business planning by-law may be amended or revoked by a by-law passed by the local municipality in accordance with section 34. However, any provision of the by-law that imposes a condition in accordance with subsection (8) may be amended or revoked by a by-law passed by the local municipality if the municipality has given notice, in such manner as the municipality considers proper, to the owner of the land to which the open -for -business planning by-law applies. Conflict (19) In the event of a conflict between an open -for -business planning by-law and a by-law passed under section 34 or 38, or under a predecessor of either of those sections, the by-law that was passed later prevails to the extent of the conflict, but in all other respects the other by-law remains in effect. 2 Subsection 77 (3) of the Act is amended by striking out "34, 36" and substituting "34, 34.1, 36". Commencement 3 This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor. 24 Attachment 2 Central Lake Ontario Conservation Authority Recommended Amendments to: Bill 66 SCHEDULE 10 MINISTRY OF MUNICIPAL AFFAIRS AND HOUSING PLANNING ACT 1 The Planning Act is amended by adding the following section: Open -for -business planning by-law 34.1 (1) A local municipality may pass a by-law to which this section applies (hereinafter referred to as an open -for -business planning by-law) that, (a) E03111nENRE== I I I ii SDQE=m 34; -and (b) may impose one or more of the conditions specified in subsection (8) on the use of land or the erection, location or use of buildings or structures.-; and (c) is approved subject to the execution of an Employment Agreement that permits the use of land on condition that minimum prescribed employment thresholds are achieved and maintained. Conditions (2) A local municipality shall not pass an open -for -business planning by-law unless the following conditions are satisfied: 1. The municipality has received approval in writing by the Minister to pass an open -for -business planning by-law. 2. The prescribed criteria, ' , have been met. 3. The lands to which the by-law would apply are located within an area of settlement. Request by municipality (3) The approval by the Minister referred to in paragraph 1 of subsection (2) must have been requested by the municipality by resolution, and the request must have been accompanied by the prescribed consultation activity and an,,other prescribed information. Approval subject to conditions (4) The approval by the Minister referred to in paragraph 1 of subsection (2) is subject to such conditions as the Minister may provide following a period of consultation by the Minister with prescribed public bodies. Purposes of open -for -business planning by-law (5) An open -for -business planning by-law shall not authorize the use of land, buildings or structures except for a .reser-iboa p„v. ese an area of employment use as defined in subsection 1 (5) of this Act. Application of listed provisions 25 (6) The following provisions diet apply to an open -for -business planning by-law: 1. Subsection 3 (5). 2. Section 24. 3. Subsections 34 (10.0.0.1) t (34 4. Section 36. 5. Section 37. 6. Section 39 of the Clean Water Act, 2006. 7. Section 20 of the Great Lakes Protection Act, 2015. 8. Section 7 of the Greenbelt Act, 2005. 9. Section 6 of the Lake Simcoe Protection Act, 2008. 10. Subsection 31.1 (4) of the Metrolinx Act, 2006. 11. Section 7 of the Oak Ridges Moraine Conservation Act, 2001. 12. Section 13 of the Ontario Planning and Development Act, 1994. 13. Subsection 14 (1) of the Places to Grow Act, 2005. 14. Section 12 of the Resource Recovery and Circular Economy Act, 2016. 15. Any prescribed provision. Application of site plan control (7) Section 41 of this Act and section 114 of the City of Toronto Act, 2006 do not apply in respect of land that is subject to an open -for -business planning by-law. However, those sections do apply if the by-law has been amended, other than in circumstances where the amendment relates only to a condition imposed in accordance with subsection (8). Conditions that may be imposed (8) One or more of the following conditions may be imposed in accordance with clause (1) (b): 1. A requirement that any use of land or the erection, location or use of buildings or structures be undertaken in accordance with, i. plans showing the location of all buildings and structures to be erected and showing the location of all facilities and works to be provided in conjunction therewith and of all facilities and works as may be required by a condition imposed under paragraph 2, including facilities designed to have regard for accessibility for persons with disabilities, and ii. drawings showing plan, elevation and cross-section views for any building to be erected, which drawings are sufficient to display, A. the massing and conceptual design of the proposed building, 26 B. the relationship of the proposed building to adjacent buildings, streets and exterior areas to which members of the public have access, C. the provision of interior walkways, stairs, elevators and escalators to which members of the public have access from streets, open spaces and interior walkways in adjacent buildings, and D. facilities designed to have regard for accessibility for persons with disabilities. 2. Any condition that can be imposed by a municipality under subsection 41 (7). 3. Any condition that can be imposed by an upper -tier municipality under subsection 41 (8). 4. Any requirement that is reasonable for and related to the appropriate use of the land and that the municipality considers necessary for the protection of public health and safety. 5. A requirement that the owner of the land to which the by-law applies enter into one or more agreements with the municipality respecting one or more conditions imposed under this subsection. Same (9) The following matters are not subject to a condition imposed under paragraph 1 of subsection (8) with respect to a building: 1. The colour, texture and type of materials, window detail, construction details, architectural detail and interior design. 2. The layout of interior areas, excluding interior walkways, stairs, elevators and escalators referred to in sub -subparagraph 1 ii C of subsection (8). 3. The manner of construction and construction standards. Same (10) If an agreement is entered into in accordance with a requirement imposed under paragraph 5 of subsection (8), (a) the agreement may be registered against the land to which it applies; and (b) the municipality may enforce the agreement against the owner and, subject to the Registry Act and the Land Titles Act, any and all subsequent owners of the land. Notice (11) No 30 days notice of and a hearing is required prior to the passing of an open -for -business planning by-law, but and the municipality shall give notice of the by-law, (a) within three days of the passing thereof to the Minister in the prescribed manner; and (b) within 30 days of the passing thereof to any persons or public bodies the municipality considers proper in such manner as the municipality considers proper. Coming into force of by-law (12) An open -for -business planning by-law comes into force on, (a) the 20th day after it is passed, even if that day is a holiday; or 27 (b) such later day as may be specified by the Minister, if the Minister notifies the municipality of that day in writing before the day on which the by-law would otherwise come into force. Minister may modify, revoke (13) The Minister may by order modify or revoke an open -for -business planning by-law at any time before it comes into force. Non -application of Legislation Act, 2006, Part III to order (14) Part III of the Legislation Act, 2006 does not apply to an order made under subsection (13). Order provided to municipality (15) If the Minister makes an order under subsection (13), the Minister shall provide a copy of the order to the municipality. Deeming rule for modified by-law (16) If the Minister makes an order modifying an open -for -business planning by-law under subsection (13), the by-law is deemed to have been passed by the municipality with the modifications specified in the order. Deeming rule for revoked by-law (17) If the Minister makes an order revoking an open -for -business planning by-law under subsection (13), the by-law is deemed never to have been passed by the municipality. Amendment and revocation (18) An open -for -business planning by-law may be amended or revoked by a by-law passed by the local municipality in accordance with section 34. However, any provision of the by-law that imposes a condition in accordance with subsection (8) may be amended or revoked by a by-law passed by the local municipality if the municipality has given notice, in such manner as the municipality considers proper, to the owner of the land to which the open -for -business planning by-law applies. Conflict (19) In the event of a conflict between an open -for -business planning by-law and a by-law passed under section 34 or 38, or under a predecessor of either of those sections, the by-law that was passed later prevails to the extent of the conflict, but in all other respects the other by-law remains in effect. `VU I i AlliiE ii• 1 .III ■Illll I bJ Milli 1,�■11111■■1111■■1DAVIII■I B1111 INININ lminiiinniiiiniiiiiiiomm Commencement 3 This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor. GEORGINA Council Resolution January 16, 2019 Moved by Councillor Neeson, Seconded by Councillor Harding RESOLUTION NO. C-2019-0021 WHEREAS the Provincial Government introduced Bill 66 entitled "Restoring Ontario's Competitiveness Act" on the final day of sitting in the 2018 Ontario Legislature, December 6th, 2018 and; WHEREAS significant concerns have been communicated regarding schedule 10, among other schedules contained therein by residents, community leaders, legal and environmental organizations such as the Canadian Environmental Law Association (CELA), EcoJustice, Environmental Defence Canada, Ontario Nature, South Lake Simcoe Naturalists, The Simcoe County Greenbelt Coalition, The David Suzuki Foundation, AWARE-Simcoe, Lake Simcoe Watch and the North Gwillimbury Forest Alliance that provisions within Bill 66 will weaken environmental protection, undermine democratic processes and potentially endanger public health and; WHEREAS provisions of Bill 66 allow for an "Open for Business" bylaw, which may be approved without any public consultation of the citizens of the Town of Georgina and; WHEREAS provisions of Bill 66 allow an "Open for Business Bylaw" which would permit major development in the Town of Georgina which most notably would no longer have to have any legislative regard for certain sections of: The Planning Act The Provincial Policy Statement • The Clean Water Act • The Great Lakes Protection Act The Greenbelt Act The Lake Simcoe Protection Act • The Oak Ridges Moraine Conservation Act and,- WHEREAS nd, WHEREAS the Town of Georgina remains committed to source water protection, The Lake Simcoe Protection Act, the integrity of the Greenbelt and it understands the benefits for protecting these features in support of our local economy and quality of life, and WHEREAS notwithstanding the potential future adoption of Bill 66, that the Town of Georgina will continue to remain committed to making sound decision regarding resource and environmental preservation that remain consistent with the Clean Water Act, 2006, the Provincial Policy Statement and other legislative tools which provide for good planning, while balancing the need for economic development and providing environmental and public health protection; t georgina.ca 29 Mill NOW THEREFORE BE IT RESOLVED THAT the Town of Georgina strongly recommends that schedule 10 of Bill 66 be immediately abandoned or withdrawn by the Ontario Government and; BE IT FURTHER RESOLVED THAT The Town of Georgina declares that notwithstanding the potential future adoption of Bill 66, the Town of Georgina's Council will not exercise the powers granted to it in schedule 10 or any successor schedules or sections to pass an "open for business planning bylaw" without a minimum of two (02) public meetings which shall be advertised twenty (20) days in advance in the Georgina Advocate or its successor, and also shall be advertised in any other local media resource that is widely available to the public in the Town of Georgina, by way of bylaw and; BE IT FURTHER RESOLVED THAT staff be directed to draft such a bylaw for Council's consideration should Bill 66 be given royal assent and be given force and effect and; BE IT FURTHER RESOLVED THAT the Town of Georgina requests the Province of Ontario to release draft criteria and draft regulations, and to provide a commenting period in advance of consideration by the legislature, and; BE IT FURTHER RESOLVED THAT a copy of this motion be sent to the Honourable Doug Ford, Premier of Ontario, the Honourable Steve Clark, Minister of Municipal Affairs, Andrea Horwath, MPP and Leader of the Official Opposition and the Ontario NDP Party, MPP John Fraser, Interim Leader of the Ontario Liberal Party, MPP and Leader of the Green Party of Ontario, Mike Schreiner, the Honourable Caroline Mulroney, MPP York-Simcoe, Attorney General and Minster Responsible for Francophone Affairs and; BE IT FURTHER RESOLVED THAT a copy of this motion be sent to the Association of Municipalities Ontario (AMO), all MPP's in the Province of Ontario and all Municipalities in Ontario for their consideration. A recorded vote was requested; the Deputy Clerk recorded the vote as follows: Yea -5 Nay -2 Carried. 30 YEA NAY Mayor Quirk X Councillor Waddington X Councillor Neeson X Councillor Sebo X Councillor Harding X Regional Councillor Grossi X Councillor Fellini X Yea -5 Nay -2 Carried. 30 W, rA NJ r14 - Town of Orangeville OaiTaiRlIe 87 Broadway, Orangeville, Ontario, Canada L9W 1K1 ir;:ror;rcnn,,,, ❑y,imnicF r„rc Tel: 519-941-0440 Fax: 519-941-9569 Toll Free: 1-800-941-0440 wmv.orangeviI#e.ca Corporate Services January 17, 2019 Via Email The Honourable Doug Ford, M.P.P., Premier of Ontario, doug.ford@pc.ola.org The Honourable Christine Elliott, M.P.P., Deputy Premier of Ontario, Minister of Health and Long Term Care, christine.elliott@pc.ola.org The Honourable Steve Clark, M.P.P., Minister of Municipal Affairs and Housing, steve.clark@pc.ola.org The Honourable Sylvia Jones, M.P.P., Minister of Community Safety and Correctional Services, sylvia.jones@pc.ola.org Andrea Horwath, M.P.P., ahorwath-qp@ndp.on.ca Dear Sir/Madam- At the Town of Orangeville Council Meeting on January 14, 2019 Council passed the following resolution: Whereas the protection of the integrity of the Green Belt is a paramount concern for our residents,- And esidents, And whereas the continued legislative protection of our water— groundwater, surface water and waterways — is vitally important for the current and future environmental health of our community; And whereas significant concerns have been raised by residents, community leaders and environmental organizations such as the Canadian Environmental Law Association (CELA), that provisions within Bill 66 will weaken environmental protections as it "...will enable municipalities to pass "open -for business” zoning by-laws that do not have to comply with..." important provincial environmental statutes; And whereas an "Open for Business" by-law may be approved without public consultation; And whereas provisions within Bill 66 may allow exemptions from municipal Official Plans; And whereas the Town of Orangeville's Official Plan represents not only a significant investment of taxpayer resources but reflects our community's collective vision for current and future planning; And whereas our Official Plan clearly designates land that is environmentally protected; And whereas our Official Plan also provides clearly designated land to meet future employment land needs; Visit our Website at wirir.orangeville.rq 31 Now therefore be it hereby resolved: That Orangeville Town Council opposes planned changes to the Planning Act in the proposed Bill 66 that may allow for an "open for business" planning by-law. 2. That the Government of Ontario be requested to reconsider the proposed changes to the Planning Act included in Bill 66 which speak to the creation of the open -for- business planning by-law. 3. That notwithstanding the future adoption of Bill 66, the Town of Orangeville will not exercise the powers granted to it in Schedule 10 or any successor sections or schedules to pass open -for -business planning by-laws. 4. That a copy of this resolution be sent to the Honourable Doug Ford, Premier of Ontario, the Honourable Steve Clark, Minister of Municipal Affairs and Housing, the Honourable Christine Elliott, Deputy Premier of Ontario, the Honourable Sylvia Jones, Minister of Community Safety and Correctional Services, MPP Dufferin-Caledon and Andrea Horwath, MPP, Leader of the New Democratic Party. 5. That a copy of this resolution be sent to the Association of Municipalities of Ontario (AMO) and all Ontario municipalities for their consideration. Susan Greatrix I Clerk Town of Orangeville 187 Broadway I Orangeville, ON L9W 1K1 519-941-0440 Ext. 2242 1 Toll Free 1-866-941-0440 Ext 2242 1 Cell 519-278-4948 sgreatrix@orangeville.ca I www.oranceville.ca TM cc The Honourable Frangois-Philippe Champagne, M.P., Minister of Infrastructure and Communities, Francois-Phili e.Cham a ne arl. c.ca The Honourable Patricia A. Hajdu, M.P., Minister of Employment, Workforce Development and Labour, Patty. Hajdu@parl.gc.ca The Honourable Lawrence MacAulay, M.P., Minister of Agriculture and Agri -Food, lawrence. macaulay@parl.gc.ca The Honourable Catherine McKenna, M.P., Minister of Environment and Climate Change, Catherine. McKenna@parl.gc.ca The Honourable Amarjeet Sohi, M.P., Minister of Natural Resources, Amarjeet.Sohi@parl.gc.ca David Tilson, M.P., Dufferin-Caledon, david.tilson.cl@parl.gc.ca Association of Municipalities of Ontario (AMO) All Ontario Municipalities Visit our Website at s,r,r.n+r+++ euille.crr 32 Ar Central Lake Ontario Con serva tion Member of Conservation Ontario January 18, 2019 via email ONLY Nicholas Fischer, MS Policy and Planning Officer Conservation Ontario 120 Bayview Parkway Newmarket, Ontario Dear Mr. Fischer: 100 Whiting Avenue Oshawa, Ontario L1 H 3T3 Phone (905) 579-0411 Fax (905) 579-0994 Web: www.cloca.com Email: mail@cloca.com Subject: Central Lake Ontario Conservation Authority Comments for Preserving and Protecting our Environment for Future Generations: A Made - in -Ontario Environment Plan CLOCA IMS No: ACAA12 At their meeting of January 15, 2019 the Central Lake Ontario Conservation Authority (CLOCA) Board of Directors passed the following Resolution: Res. #18 Moved by B. Nicholson Seconded by S. Lee THAT Staff Report #5620-10 be received, ❑❑ ❑ [ILL] ❑2 ❑ ❑ 1 11 PI-LiUR❑MTUWFI 1M E?❑LLLIHLJ?AL❑D❑�I❑i Conservation Ontario for consideration in the submission of consolidated comments to the Province; and, THAT Staff Report #5620-19 be distributed to Durham Region and the local municipalities. CARRIED Accordingly, please find the attached report and attachments enclosed with this letter. 1 of 2 What we do on the land is mirrored in the water 33 Central Lake Ontario Conservation Yours truly, Heather Brooks, MCIP, RPP Director Watershed Planning & Natural Heritage Encl. CLOCA Staff Report 5620-19 and attachment cc: Hon. Rod Phillips, MPP (Ajax), Minister of the Environment, Conservation and Parks rod.phillipsco@pc. ola. org Lindsey Park, MPP (Durham) kindsey.parkco@pc.ola.org Jennifer K. French, MPP (Oshawa) JFrench-CO@,ndp.on.ca Lorne Coe, MPP (Whitby ❑Oshawa) lome.coeco(a)pc.ola.org Hon. Peter Bethlenfalvy, MPP (Pickering -Uxbridge), President of the Treasury Board peter.bethlenfalv(c�pc. ola. org Ralph Walton, Regional Municipality of Durham, ralph.waltongdurham.ca Alec Harras, Town of Ajax, Alexander.harras(a�ajax.ca Anne Greentree, Municipality of Clarington, agreentreegclarington.net Andrew Brouwer, City of Oshawa, clerks(a6oshawa.ca Debbie Shields, City of Pickering, clerks@Xickering.ca JP Newman, Township of Scugog, jnewmankscugog.ca Debbie Leroux, Township of Uxbridge dlerouxktown.uxbridge.ca Chris Harris, Town of Whitby, harrisc(awhitby.ca Linda Laliberte, Ganaraska Region Conservation Authority, llaliberteggrca.on.ca Mark Majchrowski, Kawartha Conservation, MMajchrowski(abkawarthaconservation.com Mike Walters, Lake Simcoe Region Conservation Authority, m.waltersklsrca.on.ca Dan Marinigh, Otonabee Conservation, dmarinig_h(aotonabee.com John MacKenzie, Toronto and Region Conservation Authority, john.mackenzie&trca.on.ca Brian Bridgeman, Region of Durham, Brian.Brid eg man(adurham.ca Dave Meredith, Town of Ajax, Dave.Meredith&4jax.ca Faye Langmaid, Municipality of Clarington, flan ig naid(a),clarin on.net Paul Ralph, City of Oshawa, pralphkoshawa.ca Kyle Bentley, City of Pickering, kbentley@Sickering.ca Kevin Heritage, Township of Scugog, kheritagekscu og gTca Emilia Gruyters, Township of Uxbridge, egru, ers(a�,town.uxbrid e Roger Saunders, Town of Whitby, saundersrkwhitby.ca 2 of 2 What we do on the land is mirrored in the water 34 REPORT CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY DATE: January 15, 2018 FILE: ACAA12 S.R.: 5620-19 APPROVED BV C.A•0. TO: Chair and Members, CLOCA Board of Directors FROM: Heather Brooks, Director natural Heritage & Watershed Planning SUBJECT: Preserving and Protecting our Environment for Future Generations: A MadeAn-Ontario Environment Plan ❑ CLOCA Comments I] E" IMLI f ZG3 3RD [RELLRIP Ham❑ TU Made -in -Ontario ❑SEP H:W VL11 �I ®� IIv[SR SRP P I mo' H2MB I -1 11W [FJ[2 ❑EMR® REfP FFI� 2018. The comment period ends on January 28, 2019. This Staff Report focuses on the important role of CLOCA and SOP H FE HTP FFM N& 3OWVISdLIS(BIV. The Plan identifies 4 environment priorities, all of which reflect core components of CAs mandate. CLOCA Staff have prepared detailed comments addressing specific Actions contained within the Plan. These comments are contained in Attachment 1 to this report and will be submitted to Conservation Ontario for consideration in the preparation of consolidated comments to be submitted to the Province. A brief summary of these comments are provided in this report. Through this plan, the Province has committed to protecting air, land and water as well as build resilience to the impacts of climate change. There is a heavy reliance on the public and partners to help achieve the goals of this plan. Conservation Authorities are identified as an important partner in protecting people and property from flooding and other natural hazards, protecting water quality and quantity including protecting our Great Lakes, conserving natural resources and protecting ecologically important natural areas. The following identifies the 3 key principles of the Plan rM- BREI&J 2 &❑ Nj urisdiction, the Authority, being the local expert, can support the Province in achieving these principles. ❑ Clear Rules and Strong Enforcement: The Province is committed to holding polluters accountable through stronger enforcement. &❑NSR R1RP H 761:8 FT(INUM5011VIS9RV DRUM E13MV,, [E]EIPrcement and 2 llH1HvEW ANH&R1VJIJ3XZ1= IEWRMMN IF\VCAs could support the Province in this regard. ❑ Trust and Transparency: The Province is committed to providing information and tools to better understand the environmental challenges we will be facing over the coming years. &l 2 &❑ 3MII RCS [S ORT IIP NE provide up-to-date information and real-time monitoring which we share with our partners, stakeholders and residents through a range of tools and programs, including on-line and web -based options. The data CLOCA collects adds to an improved understanding of watershed conditions and positively contributes to our programs and IF)H❑Y11 EIE]FR❑ILEHEIOS H&/ 2 &❑ [VB REDMI0 EDR[B Dion directly informs many of our corporate programs including; plan and permit review, identification of natural hazards, assessment and mitigation of natural hazards, watershed planning, conservation area planning and management, climate change mitigation and adaptation, natural heritage systems planning including restoration, enhancement and protection, education, stewardship and outreach programs. ❑ Resilient Communities and Local Solutions: The Province acknowledges that unique solutions are required to address regional variability and local issues. CLOCA provides local expertise enabling the Authority to understand and predict watershed conditions and impacts brought about by the many challenges we face within our watershed including growth, rapid land use changes, climate change, invasive species, etc. 35 FILE:ACAA12 S.R.: 5620-19 The Plan identifies 4 environmental priorities as follows: January 15, 2019 ❑ Protecting our Air, Lakes & Rivers: These are identified as critical systems requiring protection; ❑ Addressing Climate Change: Identify means to mitigate climate change and improve the resilience of our communities to reduce the impacts of climate change; ❑ Reducing Litter and Waste in our Communities & Keeping our Land & Soil Clean: Improve management and enforcement efforts in these areas as a means to protecting air, land and water quality; ❑ Conserving Land and Greenspace: Protect and enhance natural areas, support conservation efforts, conserve species at risk, develop adaptation strategies, promote the importance of healthy natural spaces for future generations and recognition of the importance of natural areas in reducing impacts of climate change. CLOCA, and CAs in general are key partners in delivering on these environmental priorities and these efforts come to light in many of the comments provided in Attachment 1 to this report. As the local experts and front line workers, CLOCA is connected with our community and watershed providing scientific expertise and data which further informs many of our programs including the sharing of knowledge and information with stakeholders, municipalities, consultants, education community, volunteers and the public. The Plan is committed to protecting our water resources acknowledging that 115' RI3MH1ER19fi H= Ontario and there are specific Actions focused on site specific issues such as Lake Simcoe, Lake of the Woods, and the St. Clair River. CLOCA recommends that more emphasis be placed on the protection, restoration and enhancement of the Great Lakes contributing watersheds. L1EINALFOEHvMffRF LBRUMN94IMMM EN0HMDMHHJZEJFHVEfflIP SR39L-WRW just for human use, but for sustaining natural systems which support critical habitat, biodiversity, and healthy watersheds. The Province has committed to improving municipal wastewater and stormwater management and financing in an effort to improve investment and support new technologies. In addition to the recommendations to provide guidance and leadership with respect to stormwater management and maintenance, it is recommended the repair of combined stormwater/sewer connections as an action that will improve water quality, drinking water and reduce impacts of climate change on residents and property be prioritized. The climate change section of the Plan is focused on actions which reduce greenhouse gas emissions. It is recommended that a strong recognition of the importance of our natural systems in improving community resilience to climate change be included in the climate change section of the Plan. The Province has identified the creation of the Ontario Carbon Trust and even maybe the use of Green Bonds and it is recommended that a portion of the revenue generated be committed to protecting and improving natural areas as a key component in climate change resiliency. The Plan recognizes that protecting our natural areas is a shared responsibility. Continued endorsement of the work of CAs in identifying, protecting and enhancing natural areas is fundamental in securing ecosystem resilience within the Province. The role of CAs in protecting public and property from natural hazards is recognized. Provincial support of CA efforts to continue to undertake this work is important. The significant contribution that CLOCA provides to our municipal partners in protecting the public from natural hazards and in protecting natural areas as a key component of a healthy watershed and community supports a strong and prudent planning process which precludes land use conflicts. Strong enforcement and tougher penalties are a significant component of this Plan, requiring the dedication of resources to effectively implement. CLOCA recommends that this strong approach is balanced with incentives. 36 FILE:ACAA12 S.R.: 5620-19 January 15, 2019 Conclusion The Province is applauded for creating an environmental plan which recognizes the inherent connections between environmental well-being and climate change. This is the first step in ensuring that climate change is a fundamental consideration when protecting, restoring, monitoring and enhancing ecological features and functions and in securing clean air, water and land for future generations. &/ 2 &❑ NRZ Rte❑. CLOCA strives to achieve this vision through HJ IJ IP FFN8Fff-FFEMU3TREq-EJ3W= N3NHGTTIGELSEDMD3fflM3= BMIHNSfFNMKE DIDIIs/ 2 &❑ 3E jurisdiction, CL2 &❑ �[❑LITED [SMUCIUL SSR SSP H i I3 DQ4in-Ontario Environmental Plan. Auth.Res. #18/19, of January 15, 2019 ETHA T Staff Report #562 0-10 b e received, ■■ ■ ■111 ■ ■ ■ Illllllr/�1 111111 ' rlllllll■11111ri11 /�■1111111 ■11411■�IIIIr/nI■i1■IIrIIJ■■11/rlllll�iilll .1■IrIlII14�1■1' ■hI//i1111,�11■ consideration in the submission of consolidated comments to the Province, and, THAT Staff Report #5620-19 be distributed to Durham Region and the local municipalities. ❑ CARRIED HB/ms Attach. - CLOCA Comments S:\REPORTS\2019\sr5620_19.docx 37 Preserving and Protecting our Environment for Future Generations A Made -in -Ontario Environment Plan CLOCA Comments Section I Comments aware of the condition of these watersheds, the condition of which is reflected in the quality/quantity of water courses. Upstream land use changes, land management practices, growth, urban development, and climate change all place stressors on the health of the watershed and Section Comments in improving SWM management, design and operations, which will in effect improve water quality and aquatic habitat in receiving watercourses. The Province is recommended to prioritize and offer funding which supports the repair of combined stormwater/sewer connections as an action that will positively improve water quality, drinking water, and reduce impacts of climate change on residents and property. 3. Addressing Climate Change Building Resilience: Helping Families and Communities Prepare Action: Improve our Recommend that the Province undertake regional impact assessments rather than a understanding of how provincial impact assessment to identify how climate change will impact residents as climate change will impact this would reflect regional variations and the experiences that can be anticipated within Ontario different areas of the Province. It is also recommended that in addition to the assessments proposed for the transportation, agriculture, energy and water sectors, impact and vulnerability assessments for the natural environment, including biodiversity and groundwater resources be conducted. CAs can offer valuable information and insight in this regard. With funding support from the Province, CAs can offer significant support in undertaking regional impact assessments. Action: Help Ontarians This Action focuses on disseminating information about climate change and its impacts understand the impacts of including working with experts to identify and create adaptation solutions and support climate change incorporation of climate change science into everyday decisions. This is an effective approach to gain broad support and adoption amongst Ontario residents. Programs which support incorporation of climate change adaptation techniques for home improvement/restoration work should be included and credit for undertaking these types of improvements considered. This can include incorporation of pervious Section Comments importance of our natural systems in improving community resilience to climate change be included in the climate change section of the Plan. The addition of an Action which recognizes the importance of improving partnerships and developing policy supportive of protecting, restoring, and enhancing natural areas as an effective approach to lessening the impacts of climate change is recommended. Healthy natural areas, including wetlands, watercourses and riparian areas possess greater capacity to adapt to climate change impacts. CAs currently have the legislative ability to regulate the natural hazards function of wetlands but not the authority to deal with activities that interfere with the biological health of wetlands. Providing CAs with clear authority to regulate all activities that interfere with biological health as well as natural hazards function in wetlands will significantly improve the capacity of wetlands to reduce impacts associated with climate change. It is recommended that the Province proclaim Section 40 (2) of the Conservation Authorities Act to establish standards and requirements for Conservation Authorities to mitigate the impacts of climate change and provide for adaptation to a changing climate, including through increasing resiliency. CLOCA is currently working with Durham Region and local municipalities in the integration of climate change within municipal and CA policies and plans utilizing the report prepared by Ontario Climate Consortium Secretariat in June 2018 titled 4 Section Comments infrastructure functions. It includes everything from tree -lined streets, urban parks and gardens, to green roofs, urban agriculture, bioswales, and permeable pavement. Green infrastructure performs several functions in the same spatial area. In contrast, most grey infrastructure (eg. roads, pipes) usually has only a single purpose and benefit. Green infrastructure investments have a high return overtime, provide job opportunities, and can be a cost-effective complement (or alternative) to grey infrastructure. It is recommended that a greater portion of the revenue generated by Green Bonds be used to directly improve resiliency of natural areas. CAs have the expertise to support the implementation of these types of efforts. Use Energy and Resources Wisely Action: Increase access to The Province is focusing on increasing the amount of ethanol in gasoline as a means to clean and affordable reduce GHG emissions. While this will reduce GHG emissions for each individual energy for families vehicle, the amount of GHG emissions generated by planting, growing, processing corn and shipping corn/ethanol far outweighs any gains garnered by reduced GHG emissions generated by vehicles. This component of the Action needs to be reconsidered. Doing Our Part: Government Leadership Action: Make climate This Action does not consider the value of crown lands and the continued protection of change a cross- these lands as an important priority in the Environmental Plan and climate change government priority resiliency. This oversight should be addressed in the Plan. Action: Empower effective CLOCA, in partnership with the Region of Durham has established the Natural local leadership on Environment Climate Change Collaborative. All the CAs and municipalities within climate change Durham Region are members of the Collaborative. The Collaborative shares our collective knowledge, experiences and understanding of climate change adaptation science and practice, advancing practices, projects and programs that support resiliency of the natural environment as a mechanism to improve community and watershed resiliency to climate change. Action: Support green This Action is solely focused on increasing the number of hybrid and electric vehicles in infrastructure projects the Provincial fleet. The Province should support and promote the investment and use of green infrastructure broadly throughout our communities and should also consider the value of this type of infrastructure in reducing/replacing those costs associated with the use, maintenance and replacement value of traditional grey infrastructure. 4. Reducing Litter and Waste in Our Communities & Keeping Our Land and Soil Clean Reduce Litter and Waste Action: Reduce litter in CAs are significant landowners of natural areas and greenspaces and should be our neighbourhoods and identified as important partners in implementation of this Action. parks Clean Soil Action: Make it easier and CAs play an important role in the management and reuse of excess soil, particularly safer to reuse excess soil with respect to enforcement. It is recommended that Part VII Enforcement and Offences of the Conservation Authorities Act be proclaimed to support implementation of this Action. 42 Section Comments Action: Improve Protecting water resources is an important component in managing hauled sewage. management of hauled Recommend consult with CAs in the development of management approaches and best sewage management practices when locating receiving sites and in the spreading of hauled sewage. S. Conserving Land and Greenspace Action area: Improve the CAs work effectively in conserving and restoring natural ecosystems. As natural resilience of natural resource managers, CAs effectively protect and enhance natural resources within their ecosystems respective watersheds. Continued endorsement of the work of CAs in identifying, protecting and enhancing natural areas is fundamental in securing ecosystem resilience in Ontario. CLOCA protects over 2700 ha of ecologically significant land through land ownership. Section Comments gas emissions and carbon storage. This Action needs to address the value of forest management beyond carbon storage and GHG emissions. It should also address the importance of forests ecologically in protecting water resources, habitat, and biodiversity. Action area: Protect It is important that the Province continue to protect species at risk and to support on - species at risk and going management and awareness of invasive species. respond to invasive The work of CAs is invaluable in the early detection of invasive species and this effort species should be recognized and supported. CAs also support the species at risk program providing local expertise, liaison services, and knowledge which further advances and informs this program. 6. Next Steps Implementing Our Plan Next Steps: Continue to This Action references key initiatives that the Province is/will be engaging stakeholders consult with the public in the development of new approaches for environmental and climate leadership. The and engage with Plan does not clearly identify which Actions are these key initiatives. CAs should be Indigenous communities considered an important stakeholder in these discussions. Next Steps: Begin This Action states that there are a number of priority initiatives, implementation of implementing priority which is already underway or will begin shortly. It is not clearly identified in the Plan initiatives which Actions are priority initiatives. CAs should be considered an important partner in implementation of these initiatives. General Comments Strong enforcement and tougher penalties are a significant component of this Plan requiring resources and support to effectively implement. It is recommended that this strong approach is balanced with positive enforcement including recognition of good- will, incentives, inducements and support. It is recommended that key stakeholders, including CAs, be consulted in the development and implementation of the Plan. The Province should be applauded for preparing a comprehensive Plan which integrates climate change and the environment. A statement that supports the comprehensive nature of the Plan would benefit the implementation, ensuring that components of the Plan are not read/implemented in isolation. CJarbgton January 20, 2019 Michael Helfinger Intergovernmental Policy Coordination Unit 900 Bay Street, Hearst Block 7th Floor Toronto ON M6H 41-1 Canada Re: ❑LWY11-1E5 HV*11I 1112 ❑VII&EI /Zompetitiveness Act, 2018, EBO #013-4293 File PLN 1.1.24 The Bill was posted on the December 6th with comments due by January 20th. This timeframe coincided with the swearing in and orientation of municipal Councils. The recommendations in this letter will not be ratified by Clarington Council until February 4th, 2019. Schedule 1: Ministry of Agriculture Food and Rural Affairs Remove outdated and time-consuming reporting requirements under the Ministry of Agriculture, Food and Rural Affairs Act, including ones required for loan guarantee programs. Amend the Agricultural Employees Protection Act (AEPA) to cover ornamental horticultural workers. Enable amendments under the Farm Registration and Farm Organizations Funding Act to simplify delivery of programs and enhance responsiveness. Clarington Staff Comments: Agriculture is the #1 economic activity in Clarington. The proposed changes to the Ministry of Agriculture, Food and Rural Affairs Act would HCKDCFHIfDLP FHWCFW P Srove their farm assets, adopt new technologies and improve their financial viability. The amendments to Section 8 of the Act would allow loan guarantees to producers, it could be expanded to lenders as well. The definition of agriculture in the Agricultural Employees Protection Act (AEPA) is very broad. When amending the definition care should be taken to not inadvertently exclude those employees engaged in other aspects of horticulture such as fruit and vegetable production. In general, clarifying the language in the AEPA to include the encompassing activities required to farm is necessary, not just for edible horticulture but for all other horticulture groups. The amendments under the Farm Registration and Farm Organizations Funding Act could potentially increase red tape, as it may require multiple registrations for farm CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 905-623-3379 www.clarington.net 45 Page 2 businesses that involve two or more persons. Clarification is needed to ensure registration works across the many variations of farm businesses and corporations. Schedule 2: Ministry of the Attorney General • Repeal the Pawnbrokers Act. Clarington Staff Comments: The Ontario Association of Chiefs of Police and the Association of Municipal Managers, Clerks and Treasurers (AMTCO) have advocated for modernization of the regulation of pawnbrokers for a number of years. A provincial licensing framework, data collection and better tracking could support recovery of stolen goods. No replacement legislation is proposed. Therefore, pawnbrokers will be subject to applicable municipal by-laws. This is downloading of responsibility and will create a patchwork of pawnbroker licensing across the province. The Province should explore alternative provincial policy as recommended by AMCTO and the Chiefs of Police. Schedule 3: Ministry of Education • Remove restrictions on home-based child care providers, including allowing additional children, to make it easier for parents to find affordable child care. • Lower the age of children (from 6 to 4) so that authorized recreation programs can serve the younger children. Clarington Staff Comments: The Child Care and Early Years Act (CCEYA) would be amended to increase the maximum number of children and lower the age threshold permitted in home-based child care. Currently home-based child care is considered as DSP H[RFFXS CQ3-IUL11®IJ \RCAtTFJM LE -laws. The zoning by-laws are under review and any changes can be incorporated into the definitions. Overall the recommendations would better address the child-care issues faced by rural residents, benefit parents of multiple -birth children and provide more child care options. Schedule 4: Ministry of Energy, Northern Development and Mines • Repeal the authority of the Ontario Energy Board to set rates for Unit Sub Metering Providers (USMPs) Clarington Staff Comments: The electricity rates set for sub -metered units in multi- V[DLIHPXV"[RAW[O XCIFLSD FUV;OHowever; there will be implications to be addressed when multi -residential buildings are being constructed to ensure that sub -metering of services can be provided. It is assumed that the Building Code in its next update will include provisions to address sub -metering in multi - residential buildings. Schedule 5: Ministry of the Environment, Conservation and Parks Repeal the Toxics Reduction Act, 2009 by 2021, remove the toxics reduction plan in 2019 and rely on the robust and science -based Federal Chemicals Management Plan . lb Page 3 • See "Repeal the Toxics Reduction Act, 2009 and all associated regulations by December 31, 2021" (ERO # 013-4234) and • See "Planning and reporting changes under the toxics reduction program and Ontario Regulation 455/09" (ERO # 013-4235) Clarington Staff Comments: The repeal of the Toxics Reduction Act will place the responsibility for oversight under the Canadian Environmental Protection Act, 1999. 7 KHJ FEI AlKH1H UXX1 KHP LFD(VLO D= HP HOM ®Q W GM-WCDM]P DMU H -Z KIM[] appropriate, the potential health and ecological risks associated with approximately ❑[E[1❑❑AXEV DGFHV=®= CSSRLA VF&CWFE0)AFXQG-0M/1Dd compliance and relies on the Ministry to investigate exceedances and enforce limits. Further investigation is necessary to determine how this will affect the environmental monitoring and oversight of Environmental Compliance Approvals by the Ministry for industrial uses. While the intent to reduce duplication is supported, the Ministry must continue its oversight and enforcement responsibilities of industrial operations. Schedule 6: Ministry of Finance • Stop requiring a new regulation whenever businesses and non -profits merge single -employer pension plans into jointly sponsored pension plans. Clarington Staff Comments: These changes have no significant implications for public sector employers who can already merge single employer pension plans with a jointly sponsored plan. Schedule 7: Ministry of Government and Consumer Services • Reduce where operating engineers are required to supervise. • Repeal the Wireless Services Agreements Act, 2013 and harmonize with the Ha--LEC9 RYHLCP F K VV C)�LLFKDWFFR(]-I-1 Clarington Staff Comments: The Ministry has delegated regulatory functions under the Technical Standards and Safety Act to the Authority (TSSA). The TSSA is a not-for- profit corporation that administers and enforces technical and safety standards in Ontario. The amendments would allow alternate rules, which prevail over any municipal by-law. In theory this should reduce red -tape, allow flexibility and allow quicker response to changing technology. However, the TSSA has come under scrutiny for its failure to maintain an inspection and enforcement program that ensures the health and safety of Ontarians. Clarington has experienced major disasters related to the lack of oversight by the TSSA (e.g. the Caledon fire) and does not support moving the over- sight further from the Ministry. Additional provincial oversight rather than less is necessary. Clarington has two major pipelines that traverse the Municipality (some 35 kilometres). One area of neglect by the TSSA has been inspection, enforcement and follow-up of compliance orders for pipelines, which they do not directly inspect but rather rely on the inspection records of the industry. An undetected leak would have devastating effects on the groundwater, waterways, and natural areas within the Municipality. This type of leak has been modeled as part of our Source Water protection responsibilities; the 47 Page 4 potential effects are well understood. Again, additional over -sight and resources are necessary for the TSSA to carry out their mandated function. Clarington supports the repeal of the Wireless Services Agreements Act, 2013 and harmonization Z1WV4Fi1HG-LMR+LCP HCVUI_CDVRCDGF_ _FFU+1 It would eliminate duplication. Access for rural residents to reliable high-speed internet and telecommunication services is vital to modern farming businesses and rural residents. Schedule 8: Ministry of Health and Long -Term Care Modernize and streamline administrative requirements for the operators of long- term care homes. Clarington Staff Comments: The recommended changes have been supported by the Region of Durham who is involved in the provision of long-term care. Clarington staff agrees Z IY6(W 5 FU LRCS-IAkFRP P 1­103DAYWZ RXGWSSR-TMIJ R+LCP F stated intent to build 30,000 beds over the next 10 years and redevelop aging facilities (including two such facilities in Clarington). Schedule 9: Ministry of Labour Amend the Employment Standards Act, 2000 (ESA) to reduce regulatory burden on businesses, including no longer requiring them to obtain approval from the Director of Employment Standards for excess hours of work and overtime averaging. Stop requiring employers to post the Employment Standards Act (ESA) poster in the workplace, but retain the requirement that they provide the poster to employees. Amend the Labour Relations Act, 1995 to explicitly deem public bodies, including m u OFLS L1XXEFUU HV:DC C CRQ FRQ V(FUVZQ[F-P SB HYLIE Clarington Staff Comments: The recommended changes have been supported by the Region of Durham and the Ontario Federation of Agriculture. Clarington staff agrees with the recommendations as they would have no impact on the agricultural sector and would benefit the municipality through the automatic designation as a non -construction employer. Schedule 10: Ministry of Municipal Affairs and Housing Introduce a new economic development tool and remove planning barriers to expedite major business investments and speed up approvals by about two years. • See "Proposed open -for -business planning tool" (ERO # 013-4125) and • See "New Regulation under the Planning Act for Open -for -Business Planning Tool (ERO # 013-4239) Clarington Staff Comments: The Proposed Amendments are broad and have major implications for land use planning. Staff provided input to Durham Region when they Page 5 were formulating their comments on Schedule 10 and support the recommendations provided by Durham Region as outlined below. For the proposed Open -for -Business Planning By-law tool, staff recommendations to the Minister of Municipal Affairs are: i) that an open -for -business planning by-law proposed under Bill 66 not be exempt from Section 3(5) of the Planning Act requiring consistency with the Provincial Policy Statement; ii) that pre -consultation should be a requirement to ensure timely information sharing. Similarly, applications filed under this process should include complete information as determined by the local municipality to enable informed decision making; iii) that open for business by-laws remain subject to the provisions of the Clean Water Act and Source Protection Plans to ensure public health and safety; iv) that the Province clarifies how the summary site plan review process would enable a municipality to require or implement off-site development related conditions, in the absence of the use of Holding (H) provisions; v) that the Province affords either the Minister or the local municipality the ability to require employment performance measures on the developments approved under an open -for -business planning by-law and monitor its effectiveness; vi) that there should be a mechanism for the open -for -business planning by-law to automatically lapse without having to formally repeal the by-law (e.g. if a building permit is not issued for the project within a specified time such as 24 months; and if the proposed employment does not materialize); vii) the Province clarify how Greater Golden Horseshoe municipalities should plan for these open -for -business planning by-laws within the context of the required Employment Strategy, which upper tier municipalities must undertake to implement the Growth Plan; viii) that the Province strengthen the restrictions on permissible secondary uses to only employment -generating uses to ensure that the focus is maintained on targeted employment uses; and ix) that the Province impose a time limit on the open -for -business planning tools and require a formal review within three years of them coming into full force and effect. The Open for Business By-law is intended to be a site specific application. As such, the local municipality should determine the process, public consultation and proponent requirements. The Minister when considering a site specific open for business by-law for approval should respect the decision of the local council. Schedule 11: Ministry of Training, Colleges and Universities Amend the Private Career Colleges Act, 2005 to reduce administrative burdens. Clarington Staff Comments: No comments on the recommended amendment. Page 6 Schedule 12: Ministry of Transportation Minor amendments to the Highway Traffic Act include regulatory amendments to allow new connected vehicles/autonomous vehicle testing, research and development opportunities. Clarington Staff Comments: Staff supports the reduction of barriers to testing and implementation as it will support potential manufacturing opportunities. The legislative and regulatory changes being proposed in Bill 66 may reduce some administrative requirements for both the private sector and Municipality. However, careful crafting of the amendments to avoid unintended consequences while taking into account the comments provided is recommended. Yours truly, Faye Langmaid, R.P.P., FCSLA Acting Director of Planning Services cc. Mayor and Councillors CAO and Department Heads F L/tg ❑1U0115 Fel 12 CHIDW SHWNCHMIIRW000 .docx 50 Correspondence from Beth Meszaros, Regarding her Delegation on Bill 66, Restoring Ontario's Competiveness Act, 2018 Keeping The Municipality of Clarington open for business without jeopardizing the Greenbelt and other environmental protections. WHEREAS, the Government of Ontario has introduced Bill 66, An Act to restore Ontario's competitiveness by amending or repealing certain Acts; And WHEREAS, Schedule 10 of the proposed legislation would amend the Planning Act to allow municipalities to pass "Open -For -Business planning by-laws"; And WHEREAS the Bill would allow Open -For -Business planning by-laws to override important planning, water, agricultural and environmental protections contained in the Clean Water Act, 2006, and the Greenbelt Act, 2005; the Places to Grow Act, and other provincial legislation; And WHEREAS, the content of this Bill was never discussed with The Municipality of Clarington residents in either the recent provincial or municipal elections; And WHEREAS no notice or public hearing is required prior to the passing of an Open -For-Business planning by-law nor any appeals rights thereafter; And WHEREAS the Greenbelt is an integral component of land use planning that complements the Growth Plan to encourage smart planning, the reduction of sprawl, protection of natural and hydrological features and agricultural lands; And WHEREAS, the Greenbelt has protected 1.8 million acres of farmland, local food supplies, the headwaters of our rivers and important forests and wildlife habitat for over 12 years; And WHEREAS, a permanent Greenbelt is an important part of the planning for sustainable communities; And 51 WHEREAS, there is a tremendous amount of land, including employment lands, already planned and available in excess of the development needs of the GTHA which has undergone environmental and infrastructure assessments without weakening the protections provided by the Greenbelt or effectively removing land from it; And WHEREAS, protections like those included in the Clean Water Act are critical to the health of The Municipality of Clarington residents; THEREFORE BE IT RESOLVED, THAT The Municipality of Clarington opposes Schedule 10 of Bill 66, An Act to restore Ontario's competitiveness by amending or repealing certain Acts and calls for its removal from the Bill; And THAT notwithstanding the future adoption of Bill 66, The Municipality of Clarington will not exercise the powers granted to it in Schedule 10 or any successor sections or schedules to pass open -for -business planning by-laws for the duration of this term of office; And THAT this resolution be distributed to: the leaders of all parties represented in the Legislature; the Minister of Municipal Affairs and Housing; the Minister of the Environment, Conservation and Parks; all Greater Golden Horseshoe municipalities, and the Association of Municipalities of Ontario. THAT this Bill does not represent how the people of The Municipality of Clarington want to do business. Resolution drafted by Environmental Defence 52 Clarington Planning Services Public Meeting 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: January 28, 2019 Report Number: PSD -008-19 Resolution Number: File Numbers: S -C-2018-0005 OPA2018-0004 ZBA2018-0026 By-law Number: Report Subject: Applications by Delpark Homes (Prestonvale) Inc. for a Clarington Official Plan Amendment, Draft Plan of Subdivision and Zoning By-law Amendment to permit a 78 dwelling subdivision on the west side of Prestonvale Road and south of Southfield Avenue in Courtice. Recommendations: 1. That Report PSD -008-19 be received; 2. That the proposed Clarington Official Plan Amendment, Draft Plan of Subdivision and Zoning By-law Amendment submitted by Delpark Homes (Prestonvale) Inc. continue to be processed including the preparation of a subsequent report; and 3. That all interested parties listed in Report PSD -008-19 and any delegations be advised of Council's decision. 53 Municipality of Clarington Report PSD -008-19 Report Overview Page 2 The Municipality is seeking the public's input on applications for a proposed Draft Plan of Subdivision, Clarington Official Plan Amendment and Zoning By-law Amendment, submitted by Delpark Homes (Prestonvale) Inc., to permit 66 single detached dwellings and 12 townhouse dwellings, the extension of Rosswell Drive south a new east -west street and an Open Space block. 1. Application Details Owner: Delpark Homes (Prestonvale) Inc. Applicant: The Biglieri Group Ltd. Proposal: Draft Plan of Subdivision The proposed Draft Plan of Subdivision would permit 78 residential lots, consisting of 66 single detached dwellings and 12 townhouse dwellings, the extension of Rosswell Drive south a new east -west street and an Open Space block. Official Plan Amendment To change the designations of the lands at 1430 and 1500 Prestonvale Road from Future Urban Residential and Neighbourhood Park to an appropriate residential density in the South West Courtice Secondary Plan to permit the single detached and townhouse dwellings. Zoning By-law Amendment To rezone the lands at 1430 and 1500 Prestonvale Road from the "Agricultural (A) Zone" to appropriate zones that would permit the single detached and townhouse dwelling units. Area: 9.07 Hectares Location: 1430 and 1500 Prestonvale Road, Courtice Roll Number: 1500 Prestonvale Road - 181701007002700 1430 Prestonvale Road - 181701007002600 Within Built Boundary: No 54 Municipality of Clarington Report PSD -008-19 Page 3 2. Background 2.1 Amendment 107, a comprehensive update to the Clarington Official Plan, was approved by the Region of Durham on June 19, 2017. As part of the comprehensive review these lands, which are within the urban area, were re -designated from future urban residential to urban residential. Prior to development of the lands the policies require the secondary plans to be updated from future urban residential to provide detailed land uses. The existing Southwest Courtice Secondary Plan was not revised as part of the comprehensive update. The existing secondary plans are currently being reviewed. 2.2 In order to submit the Clarington Official Plan Amendment application Delpark Homes required Council's permission to accept the application within two years of the comprehensive update. Council approved the applicant's request on September 17, 2018. 2.3 The Southwest Courtice Secondary Plan originally identified the subject lands as future urban residential due to servicing constraints (Figure 1). Until the new sanitary sewer trunk is constructed to service the Courtice Water Pollution Control Plant, all sanitary sewage flows west to the Harmony Creek WPCP in Oshawa. With the two proposed elementary school sites contained in the original secondary plan and draft approval these lands could not be serviced by gravity to the sanitary sewer. 2.4 In 2013, both school boards indicated those blocks were not required for their needs. The Secondary Plan was amended to remove the school blocks and designate the lands urban residential to permit the existing subdivision. The development of the subdivision included bringing services through Roy Nichols Drive which abuts the subject lands (see Figure 3). 2.5 The extension of the services on Roy Nichols Drive provided an opportunity for development on a portion of the subject lands. The topography of the subject lands limits the amount of the lands that can utilize the services on Roy Nichols Drive. The applicant's consultants have determined that 78 units could be developed utilizing the services on Roy Nichols Drive. The remainder of the subject lands will require the trunk sewer from Courtice WPCP. 55 Municipality of Clarington Report PSD -008-19 BLOOR STREET • •� /t � r �V I r © U i GRANDVIEW I �' On June 26, 2014 Council DRIVE i F approved the deletion of public and separate elementary o H school symbols and approved Zi a Plan of Subdivision consisting of 80 single detached dwellings o ��..�.��..� a and two new municipal roads, o Roy Nichols Drive and SOUTHGATE Lu Stanton Street DRIVE I SWF a LEGEND Planning Area Boundary [--] Environmental Protection Area Arterial Roads Type A MAP A ILd Future Urban Residential I- Storm Water Facility Arterial Roads Type B LAND USE = Low Density Residential - Public Elementary School ----- Arterial Roads Type C Medium Density Residential a Separate Elementary School Collector Roads SOUTH WEST COURTICE — High Density Residential - Neighbourhood Centre 4— Local Road Access SECONDARY PLAN - Neighbourhood Park - Utilities -. 0 Intersection Improvement MAY, 2014 -Parkette ® Heritage House Pedestrian And TNlsconsouDAnoN is PRovmsoroR cosvwceoNLv Bicycle Routes AN DREPRESENTS REQUESTED MODIFIGATIONSAND APPROVALS Page 4 Figure 1: Southwest Courtice Secondary Plan prior to deleting the Public Elementary and Separate Elementary School Blocks 56 Municipality of Clarington Report PSD -008-19 Page 5 2.6 The proposed development includes 66 single detached dwellings and 12 townhouse dwellings, the extension of Rosswell Drive south, a new east -west street and an Open Space block (see Figure 2). The Planning Justification Report submitted in support of the applications has indicated that the townhouses will have a minimum frontage of 7 metres. However, setbacks for end units may not have been accounted for based on the Draft Plan of Subdivision plan submitted. This will be reviewed further with the applicant. 2.7 The proposed development also includes a servicing block/walkway at the north-west corner and a block on the west side to connect to the existing trail around the stormwater management pond and future trail network. The proposal has a density of 25.6 residents and jobs per hectare. 6 l , .......... o .. A H, _ r ■ ■ ■ ■ ■ ■ ■ A ... i ■ ■ A Jo ■ - ■ ■ A ■ A . _Single Detached • 10.1m 11.3m ■ 12.0m ENVIRONMENTAL PROTECTION SUBJECT TO FUTURE DEVELOPMENT APPLICATIONS Figure 2: Proposed Plan of Subdivision with unit type and frontages 0 r� W J Z H IW 1 IL IL 2.8 The applicants have submitted the following studies in support of the applications: x Functional Servicing and Stormwater Management Report; x Planning Rationale Report; x Environmental Impact Study; x Environmental Noise Assessment; x Phase One and Two Environmental Site Assessment; x Urban Design Brief; and x Energy Efficiency and Sustainability Plan 2.9 The studies are being reviewed by staff and agencies and will be summarized in a future report. 57 Municipality of Clarington Report PSD -008-19 3. Land Characteristics and Surrounding Uses W NNi__� >. LU LU H ❑ o _ F-n V Z' ~ ■..� Z SOUTHFIELD AVENUE LIY f South Courtice Arena f� a' QSubject Property Single Detached Home: Frontage 10.1m _ 0 Single Detached Home: Frontage 11.3m Single Detached Home: Frontage 12.Om SC 2018-0005 Townhomes Figure 3: Aerial of Proposed Plan and Surrounding Area Page 6 3.1 The subject lands consist of two parcels, 1430 and 1500 Prestonvale Road. The lands are currently vacant with a woodlot in the south-west corner of the property. The subject lands are relatively flat at the north end with a pronounced slope to the south, away from the existing subdivision residential development to the north. The surrounding uses are as follows: North - Residential, single detached and townhouse dwellings and Rosswell Park Municipality of Clarington Report PSD -008-19 South - Agricultural Page 7 East - South Courtice Recreation Complex, Single detached dwelling, Agricultural (tree farm) West - Stormwater Management Pond and single detached dwellings 4. Provincial Policy Provincial Policy Statement 4.1 The Provincial Policy Statement encourages planning authorities to create healthy, livable and safe communities by accommodating an appropriate range and mix of housing types and development patterns, while making efficient use of land and infrastructure. 4.2 Healthy and active communities should be promoted by planning public streets to be safe, meet the needs of pedestrians, foster social interaction and facilitate active transportation and community connectivity. Compact and diverse developments promote active modes of transportation such as walking and cycling. Provincial Growth Plan 4.3 The Provincial Growth Plan encourages municipalities to manage growth by directing population growth to settlement areas, such as the Courtice Urban Area. Municipalities are encouraged to create complete communities by promoting a diverse mix of land uses, a mix of employment and housing types, high quality public open space and easy access to local stores and services. 4.4 The subject lands are within the Greenfield Area identified by the Growth Plan. Within Greenfield Areas, the Growth Plan establishes minimum density targets for residents and jobs. The current target is 80 residents and jobs per hectare measured across the Greenfield area. 5. Official Plans Durham Regional Official Plan 5.1 The Durham Region Official Plan designates the subject lands Living Areas. Living Areas permit the development of communities incorporating the widest possible variety of housing types, sizes and tenure to provide living accommodations that address various socio-economic factors. 5.2 Prestonvale Road is identified as a Type C Arterial Road in the Region of Durham Official Plan. 5.3 The Region of Durham Official Plan identifies Key Natural Heritage and Hydrologic Features at the southwestern section of the subject lands. Development or site alteration 59 Municipality of Clarington Report PSD -008-19 Page 8 is not permitted in Key Natural Heritage and Hydrologic Features, including any associated vegetation protection zone, as determined through an Environmental Impact Study. Clarington Official Plan 5.4 The Clarington Official Plan designates the subject lands Urban Residential and Environmental Protection Area. The Urban Residential designation is predominately intended for housing purposes. A variety of densities, tenure and housing types are encouraged, generally up to 3 stories in height. 5.5 Natural Heritage Features are also identified and mapped on the subject lands. This area is designated Environmental Protection Area. The natural heritage system is to be protected and enhanced for the long term to promote responsible stewardship and provide sustainable environmental, economic and social benefits. Studies will determine the appropriate development limit and buffers in accordance with the Official Plan. The policies require an Environmental Impact Study to be submitted in support of development, to determine the extent of the feature and appropriate buffer limits, with a minimum of 15 metres. Southwest Courtice Secondary Plan 5.6 The Southwest Courtice Secondary Plan designates the subject lands Future Urban Residential and Neighbourhood Park. The Future Urban Residential designation indicates lands that cannot be readily serviced due to existing infrastructure constraints. It was anticipated that new infrastructure, specifically for sanitary sewers, would be required prior to further development of the subject lands. 5.7 Delpark Homes (Prestonvale) Inc. and the Region of Durham have determined that the subject lands could be serviced by connections to the existing infrastructure to the west on Roy Nichols Drive. 5.8 The review and update to the Southwest Courtice Secondary Plan is currently in progress. The applicants have submitted a concept plan for how this subdivision could be integrated into future development to the south as part of their application. 6. Zoning By-law 6.1 Zoning By-law 84-63 zones the subject lands "Agricultural (A) Zone". A Zoning By-law Amendment is required to permit the proposed single detached and townhouse dwelling units within the subdivision. Municipality of Clarington Report PSD -008-19 7. Page 9 Public Notice and Submissions (for Public Meeting Report) Figure 4: Public notice sign on subject lands on Rosswell Drive looking south 7.1 Public notice was mailed to each landowner within 120 metres of the subject lands on December 17, 2018 and Public Meeting signs were installed fronting onto Prestonvale Road and Rosswell Drive on December 21, 2018. 7.2 Staff have not received any comments at the time of finalizing this report. 8. Agency Comments Regional Municipality of Durham 8.1 Comments from Durham Region Planning, Works and Transit Departments have not been received at the time of finalizing this report but will be included in a subsequent report. Central Lake Ontario Conservation Authority 8.2 Comments from the Central Lake Ontario Conservation Authority have not been received at the time of finalizing this report but will be included in a subsequent report. 61 Municipality of Clarington Report PSD -008-19 Durham Regional Police Page 10 8.3 Durham Region Police Service Radio Systems Department has reviewed the applications and have indicated the subject lands are within their microwave path for the Region's NextGen Radio system. There is no objection provided the future buildings do not exceed 10 metres in height. 8.4 The Region's NextGen Radio system is used for emergency services to communicate across the Region. The system requires unobstructed line of sight between transmission points to function properly. 9. Departmental Comments Engineering Services 9.1 The Engineering Services Department has identified concerns with elements of the proposed stormwater management system, as well as the on street parking plan and grading and drainage of specific lots adjacent to Block 72. The applicant's will be required to provide additional details to address Engineering's concerns. Emergency and Fire Services 9.2 The Emergency and Fire Services Department has no concerns with the applications. Accessibility Committee 9.3 The Accessibility Committee had no objections to the applications. However, the Committee recommends that developers and builders take accessibility into consideration when designing neighbourhoods and homes. 10. Discussion 10.1 When the South West Courtice Secondary Plan was approved it was anticipated that the subject lands would be required to be serviced from Prestonvale Road or from the east and were identified as Future Urban Residential. The opportunity to develop the 78 units became available when the Public and Separate School Boards identified their respective Draft Approved school blocks were not required and a subdivision including Roy Nichols Drive was developed, extending services to abut the subject lands. 10.2 The subject lands include natural heritage features identified in the Clarington Official Plan including a woodlot and wetlands. The subject lands also abut a tributary of the Robinson Creek and form part of the Robinson Creek Watershed. The applicants have submitted an Environmental Impact Study and Geotechnical Report that municipal staff and conservation authority staff are currently reviewing. The Municipality is currently conducting a subwatershed study of the Robinson and Tooley Creeks. The applicant's reports will be compared with the Municipalities study findings to ensure that the natural 62 Municipality of Clarington Report PSD -008-19 Page 11 heritage features are being identified consistently and protected in accordance with the provisions of the Official Plan policies. 10.3 The northern most portion of the subject lands is identified as Neighbourhood Park in the South West Courtice Secondary Plan. During the preconsultation process Engineering Services Parks Division indicated that no additional lands were required for Rosswell Park which is existing. The applicant will be required to provide cash -in -lieu of park land dedication consistent with the requirements of the Planning Act. 10.4 Aspects of the applicant's proposal and subdivision design will be reviewed in more detail, as additional agency and department comments become available. The servicing connection to Roy Nichols has opportunity to be modified to provide better connection to the park and existing trail system. 10.5 The purpose of the Public Meeting is to provide an opportunity for further public input. These public comments will be compiled, discussed with the applicant and addressed in a subsequent staff report. 11. Concurrence Not Applicable. 12. Conclusion 12.1 The purpose of this report is to provide background information on the Draft Plan of Subdivision, Clarington Official Plan Amendment and Zoning By-law Amendment applications submitted by Delpark Homes Prestonvale Inc. to permit a 78 unit subdivision for the Public Meeting under the Planning Act. Staff will continue processing the application including the preparation of a subsequent report. Submitted by. Reviewed by: Faye Langmaid, RPP, FCSLA Andrew C. Allison, B.Comm, LL.B Acting Director of Planning Services Chief Administrative Officer Staff Contact: Brandon Weiler, Planner, 905-623-3379 ext. 2424 or bweiler _clarington.net The following is a list of the interested parties to be notified of Council's decision: Mark Jacobs Eddy Chan 63 Clarftwn 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: January 28, 2019 Report Number: PSD -009-19 Resolution Number: File Number: PLN 7.17 By-law Number: N/A Report Subject: 2018 Planning Applications Recommendation: 1. That Report PSD -009 -19 be received for information. • Municipality of Clarington Report PSD -009-19 Page 2 Report Overview In 2018, development application activity undertaken by the Planning Services Department, assisted by other Departments included the following: • 46 preconsultation meetings held with applicants on pending projects to develop application submission requirements • 5 new draft plans of subdivision applications received proposing 560 housing units • 5 Draft approvals for draft plans of subdivision or revisions to draft plans comprising 935 housing units approved • 3 Extensions to draft plan approval and 1 revision to draft approval • 8 Plans of subdivision or partial plans of subdivision registered for an additional 584 new housing units • 10 new plans of condominium application received for 739 units • 4 official plan amendment applications received; 4 official plan amendment applications approved • 22 zoning by-law amendment applications received; 43 approved • 43 site plan applications received; 31 approved • 75 minor variance applications received; 70 approved; 2 withdrawn; 1 denied; 2 remain tabled • 25 reports to the Durham Land Division Committee • 71 permanent sign permits approved • 115 temporary sign permits approved • 36 applications for in-house apartments received; 22 in-house apartments registered • 29 Statutory Public Meetings held on development applications Summary 0 880 new housing units and lots approved 0 55,844 square metres 601,124 sq. ft. of industrial space approved 0 1, 886 square metres 20,307 sq. ft. of commercial space approved 65 Municipality of Clarington Report PSD -009-19 1. Purpose Page 3 1.1 This report summarizes planning application activity within the Municipality of Clarington for 2018. In addition, this report provides information from the previous two years for comparative purposes to assist in identifying emerging issues and possible trends over a three year period. 2. Plans of Subdivision and Part Lot Control 2.1 The Director of Planning Services is the delegated approval authority for Plan of Subdivision applications. However, staff prepares reports to Committee and Council on applications for proposed Draft Plans of Subdivision at the public meeting stage and when approval is recommended for an application for proposed Draft Plan of Subdivision. 2.2 Some subdivision applications can take a number of years to reach draft approval. There may be many revisions before a proposed plan is draft approved. The charts in this report do not include the applications that have been previously submitted in prior years and are awaiting revisions or working toward approvals. 2.3 In 2018 five new applications for proposed Draft Plan of Subdivision were received. New and Revised Subdivision Applications Received By Unit Type Urban Area Single Detached Semi-detached Townhouse Apartment 2018 2017 2016 2018 2017 2016 2018 2017 2016 2018 2017 2016 Courtice 172 29 8 0 0 0 142 111 13 0 0 0 Bowmanville 21 5 9 12 0 0 125 32 343 881 0 1 0 Newcastle 0 309 0 0 0 0 0 276 0 0 196 0 Orono, Hamlets / Rural Area 0 0 0 0 0 0 0 0 0 0 0 0 Total 193 343 17 12 0 0 267 419 356 88 1961 0 2.4 Courtice and Bowmanville continue to be the primary residential growth areas within the Municipality of Clarington. This coincides with the provisions of the Official Plan. It is expected that as Secondary Plans are completed both Bowmanville and Courtice will continue to see the majority of new applications for Proposed Plans of Subdivision in future years. 2.5 In 2018, townhouse units were the dominant form of housing being applied for in subdivision applications, followed by single detached dwellings and apartment units. This is consistent with Provincial Policy that encourages intensification as part of creating complete communities. It is expected that townhouse and apartment units will continue to represent a larger percentage of units applied for in the coming years, although many of these will be on existing lots and not necessarily within plans of subdivision. This is expected as a result of both Provincial Policy, the cost of housing . • Municipality of Clarington Report PSD -009-19 and a shift in demographics leading to an increase in demand for smaller units, including townhouses and apartment units. Page 4 Draft Approved Plan and Issued Revisions to Draft Approval By Unit Type Urban Area Single Detached Semi-detached Townhouse Apartment Townhouse 2018 2017 2016 2018 2017 2016 2018 2017 2016 2018 2017 2016 Courtice 0 17 0 0 0 28 0 0 0 0 0 0 Bowmanville 314 174 530 0 0 0 335 284 540 0 123 0 Newcastle 0 0 0 0 0 0 12 0 223 0 0 Orono, Hamlets /Rural Areas 0 0 24 0 0 0 0 0 0 0 0 0 Total 365 191 554 0 0 28 347 284 540 223 123 0 2.6 There were five Draft Approvals issued for proposed Plan of Subdivision applications and three extensions issued to Draft Approved plans of subdivision as well as one amendment to a draft approved plan. In 2018, the number of Draft Approved plans remained consistent with 2017. The draft approved subdivisions in 2018 will provide 935 more dwelling units throughout the Municipality once the applications are registered. The number of dwelling units resulting from the 2018 draft approvals has increased by 56% compared to 2017. The draft approved plans provide diverse types of development, including: single detached lots of varying frontages, townhouses and apartment units. 2.7 The Planning Act allows a Municipality to impose a date by which final approval must be achieved, after which draft approval expires. The Municipality of Clarington typically allows for a three year period from the date of draft approval to allow the applicant sufficient time to meet all conditions imposed. Although some have longer timeframes depending on the overall number of units and/or servicing constraints. If the applicant is unable to fulfill all conditions within this timeframe, extensions may be granted. Final Approval By Unit Type Urban Area Single Detached Semi-detached Townhouse Apartment 2018 2017 2016 2018 2017 2016 2018 2017 2016 2018 2017 2016 Courtice 0 9 69 0 0 0 0 68 77 0 0 0 Bowmanville 370 531 389 102 4 3 42 324 62 42 123 0 Newcastle 0 0 99 0 0 1 0 0 0 0 Orono, Hamlets / Rural Area 28 24 0 0 0 0 0 0 0 0 0 0 Total 398 564 557 102 4 4 42 392 139 42 123 0 67 Municipality of Clarington Report PSD -009-19 Page 5 2.8 In 2018 there were eight Plans of Subdivision registered in the Municipality, totaling 584 new residential units. The registered subdivisions provide diverse types of development, including: single detached, semi-detached, townhouses and apartment units. It is expected that the number of units registered will remain strong in the coming years as the number of draft approved subdivision units remains high and appears able to address market demand in Clarington. 2.9 Part Lot Control applications are processed by Staff and approval of these applications has been delegated to the Director of Planning Services. However, it is necessary to have a By-law adopted by Council to implement the decision and register on title. Applications for Part Lot Control allow lots and/or blocks within a registered Plan of Subdivision, constructed for semi-detached or townhouses to be split and individually sold. The individual lot is created after construction has commenced to ensure that the lot line is based on the location of footings and/or common walls. In 2018, a total of ten applications for Part Lot Control were received and six applications were approved, a significant increase compared to 2017. 3. Plans of Condominium 3.1. A condominium is the form of housing tenure. There are four types of condominiums, although the most common in Clarington usually has individual ownership of a dwelling unit and joint ownership of common elements and facilities. Condominiums are most commonly used for townhouses and apartment buildings. Ten applications for Proposed Plan of Condominium were received in 2018, which will result in 739 additional townhouse and apartment units in Clarington. The majority of applications were in Bowmanville, followed by Newcastle and Courtice. Condominium Application Activit Urban Area Applications Received Draft Approval Issued Final Plan Approval 2018 2017 2016 2018 2017 2016 2018 2017 2016 Courtice 1 0 1 0 0 0 0 0 0 Bowmanville 7 1 0 2 0 0 1 0 1 Newcastle 2 0 0 0 0 0 0 0 0 Orono, Hamlets / Rural Areas 0 0 0 0 0 0 0 0 0 Total 10 1 1 2 0 0 1 0 1 3.2. Condominium applications increased significantly in 2018. In the coming years, it is expected that condominium applications will remain strong as Clarington continues to work towards implementing Provincial Policy including the Growth Plan for the Greater Golden Horseshoe. Municipality of Clarington Report PSD -009-19 4. Official Plan Amendments Page 6 4.1 Planning Services Staff review and processes applications to amend the Clarington Official Plan. Clarington Official Plan Amendment Activity 2018 2017 2016 Applications Received 4 12 4 Applications Approved 4 5 3 4.2 In 2018, four applications were received and four amendments were approved. Among the approved amendments was an application to allow a portion of land on Cobbledick Road to be donated to Durham Hospice to build a hospice in Clarington and an application to permit a mixed-use development at the southeast corner of Bloor Street and Townline Road South in Courtice. 5. Zoning By -Law Amendments 5.1 The majority of applications for rezoning accompanied proposed plans of subdivision or consent applications. Zoning By-law Amendments also include by-laws for the removal of a Holding Symbol which is often used as a technique to ensure that municipal requirements related to an approval are implemented through development agreements. Zoning By -Law Amendment Activity Type of Zoning By -Law Amendment Applications Received Applications Approved Year Year 2018 2017 2016 2018 2017 2016 Removal of Holding 7 4 6 14 18 11 Rezoning 15 34 18 30 23 19 Total 22 38 24 43 41 30 5.2 In 2018, the number of Zoning By-law amendment applications received represented a decrease from the previous years. A total of 43 applications were approved which represents a 5% increase from 2017. Among the approved applications were 14 to remove a Holding Symbol. Pre -conditions to ensure the suitability for development were satisfied and removal of the "H" signifies development will proceed according to municipal requirements. 6. Site Plans 6.1 The Clarington Site Plan Control By-law requires site plan approval prior to issuance of a building permit for the majority of Commercial, Industrial, Institutional and Multi - Residential developments. In addition, Site Plan Approval is required for any development applications on the Oak Ridges Moraine. Issuance of Site Plan Approval is delegated jointly to the Director of Planning Services and the Director of Engineering Services. 69 Municipality of Clarington Report PSD -009-19 Page 7 Site Plan Application By Type Land Use Type Applications Received Applications Approved Year Year 2018 2017 2016 2018 2017 2016 Major Residential+ 6 9 7 7 3 2 Minor Residential++ 10 7 12 9 11 6 Commercial 8 12 7 6 7 5 Mixed Use 1 0 3 0 0 1 Industrial 12 9 3 6 4 2 Government/Institutional 3 3 2 2 0 0 Telecommunication Towers 2 7 1 1 3 3 Agricultural 1 2 0 0 1 1 Total 43 49 35 31 29 20 + Major Residential uses are Residential units consisting of more than three units ++ Minor Residential uses are Residential units consisting of three or less units 6.2 In 2018, fewer Site Plan applications were received than in 2017. However, the number of Site Plan applications approved increased slightly by 7% compared to 2017. Minor Residential, Mixed-use, and Industrial site plan applications were the predominant type of Site Plan application activity in 2018. Major Residential site plan approvals increased 133% from the previous year. 6.3 The following chart summarizes the number of units or floor area for site plan applications received and approved in 2018. Site Plan Units and Floor space By T pe Land Use Type Applications Received Applications Approved Number of Units Floor Space m2 Number of Units Floor Space m2) Major Residential+ 811 - 335 - Minor Residential++ 3 - 3 - Mixed Use 99 8,853 - - Commercial - 5,211.65 - 1,886.48 Industrial - 10,7730 - 55,844.4 Government/Institutional - 6,176 - 1,042 Agricultural - 7,639 - - Total 913 135,393 338 58,319 + Major Residential uses are Residential units consisting of more than three units ++ Minor Residential uses are Residential units consisting of three or less units 70 Municipality of Clarington Report PSD -009-19 7. Minor Variances Page 8 7.1 The Committee of Adjustment is appointed by Council to make decisions on minor variances to the Municipality's Zoning By-law. Minor Variance Applications Application Decision 2018 2017 2016 Total number of Applications Approved 70 81 66 Total number of Applications Denied 1 0 0 Total number of Applications Withdrawn 2 1 3 Total number of Applications Tabled/On Hold 2 0 6 Total number of Applications Received 75 82 75 Total number of Applications Appealed 0 0 0 7.2 The Committee of Adjustment saw a slight decrease in the number of applications received in 2018 compared to 2017, but equal to the number of applications received in 2016. In 2017, the number of applications was above average from prior years. A number of the variance applications were from builders. These variance applications were often to address issues with models that did not comply with zoning setback requirements or height provisions. Of the 75 applications received, two applications were tabled to a future meeting in order to allow the applicants to further refine their proposals. Further, the Committee applied conditions to 9 of the 70 approvals to ensure that each variance respects any distinctive site characteristics. Finally, there was one application denied by the Committee and two applications that were withdrawn by the applicant. 8. Land Divisions 8.1 The Planning Services Staff provide coordinated comments for all Clarington departments to the Durham Region Land Division Committee on consent applications. Comments to Land Division Committee By Type Land Use Type Proposed New Lots Boundary Adjustments Easements Year Year Year 2018 2017 2016 2018 1 2017 2016 2018 2017 2016 Urban Residential 12 42 17 0 3 0 0 2 1 Rural Residential 5 4 3 0 0 2 0 Commercial 1 1 0 0 0 0 0 4 0 Mixed Use 0 0 0 0 0 1 0 0 0 Agricultural 0 0 0 1 0 2 0 0 0 Institutional 0 0 0 0 0 0 0 0 0 Industrial 1 0 0 0 1 0 0 0 0 Total 19 43 21 4 4 3 2 6 1 71 Municipality of Clarington Report PSD -009-19 Page 9 8.2 In 2018, there was a decrease in applications for new residential lots and easements compared to the previous year. Twelve applications for consent to create new residential lots were approved in the urban residential areas of the Municipality of Clarington. 9. Sign Permit Applications 9.1 Sign permits are required for most signs within the Municipality of Clarington. Sign permits are divided into two categories: Permanent and Temporary. The table below shows the sign permit activity for 2018 based on geographic area. In 2018, a total of 186 signs were issued. 9.2 Permanent sign activity decreased by 29% in 2018 and temporary sign permit activity decreased by 12%. Sign permit activity remains relatively consistent with the majority of temporary and permanent signs being located in Bowmanville, Courtice and Newcastle. Sign Permit Activity By Geographic Area Urban Area Number of Applications Permanent Temporary 2018 2017 2016 2018 2017 2016 Courtice 4 8 4 40 41 73 Bowmanville 44 66 10 63 65 77 Newcastle 14 18 3 9 18 12 Orono, Hamlets and Rural Areas 9 9 11 3 7 2 Total 71 101 28 115 131 164 10. Apartment -In -House 10.1 An apartment -in-house application provides the Emergency and Fire Services Department and Building Services Division with the opportunity to ensure the new second dwelling unit complies with the Building Code and is on the Emergency and Fire Services data base. In addition, the apartment -in-house application ensures that apartment in -houses are located in the appropriate zones and that sufficient parking is provided on the lot. Apartment -In -House Activity By Geographic Area Urban Area Apartment -In -House Applications Received Apartment In -House Registered 2018 2017 2016 2018 2017 2016 Courtice 7 11 13 5 7 6 Bowmanville 28 33 21 17 17 11 Newcastle 1 2 1 0 1 1 Orono, Hamlets and Rural Areas 0 0 1 0 0 0 Total 36 46 36 22 25 18 72 Municipality of Clarington Report PSD -009-19 Page 10 10.2 In 2018, the number of apartment -in-house applications received and registered has slightly decreased compared to 2017. With the need for affordable rental units, the cost of homes and aging population it is expected that the demand for apartment -in-house accommodation will remain constant in the future years. 11. Pre -Consultation Meetings 11.1 The Municipality adopted a By -Law requiring Pre -consultation meetings prior to submission of most development applications. The meetings assist in ensuring applications being submitted have all required supporting documents and the proponent is aware of all required steps. The details of a pre -consultation meeting remain confidential until a formal application is submitted. The number of pre -consultation applications provides a good indication of future proposals within the Municipality of Clarington. Pre -Consultation Meetings By Type Land Use Year 2018 2017 2016 Major Residential+ 12 23 26 Minor Residential++ 0 4 8 Commercial 10 9 10 Mixed Use (Commercial and Residential) 2 3 4 Industrial 15 11 7 Government/Institutional 4 5 1 Agricultural 0 3 2 Recreational 1 0 0 Telecommunication Towers 0 2 3 Undisclosed 2 2 - Total 46 62 61 + Major Residential uses are Residential units consisting of more than three units ++ Minor Residential uses are Residential units consisting of three or less units 11.2 In 2018, the number of pre -consultation meetings decreased from the levels of the previous two years. The number of major residential pre -consultations was significantly lower in 2018. The majority of the major residential pre -consultations were for proposals in Courtice and Bowmanville. When the Secondary Plans for some of the Greenfield areas are complete, it is expected the number of major residential pre -consultation meetings will increase. Industrial and commercial pre -consultations increased compared to 2017. Staff have generally been providing applicants of minor residential site plans a detailed list of requirements for a complete application and the process requirements to further streamline the overall process. Pre -consultations for mixed-use development remained relatively consistent compared to 2017. Mixed-use proposals have started to emerge as Clarington continues to work towards implementing the Growth Plan for the Greater Golden Horseshoe. It is expected that mixed-use proposals will remain consistent or continue to grow in the coming years. 73 Municipality of Clarington Report PSD -009-19 12. Concurrence Not Applicable. 13. Conclusion Page 11 13.1 Planning application activity in 2018 has remained relatively consistent compared with the previous two years. While the number of new applications has generally decreased in 2018 from those in 2017, there has been a notable increase in approvals granted in 2018. Specifically, the numbers of draft approved new dwelling units in plans of subdivision, Site Plans, Zoning By-law Amendments and condominium applications have increased substantially in 2018 compared to the past two years. These numbers indicate a continued strong interest in growth and investment in Clarington. 13.2 Based on recent trends, it is expected that there will be an increase in industrial building in Clarington in the years to come. Pre -consultation activity in 2018 for industrial development, along with the increased site plan applications and approvals for these types of applications support the expectation with it will continue in 2019. Over 601,124 square feet of industrial applications were approved in 2018 alone. 13.3 As secondary plans are prepared for new residential areas, and infrastructure projects extend the required services in Newcastle Village and Courtice, it is expected that interest in major residential development will continue to be high in the coming years. This expectation is supported by the significant increase in the number of Draft Approved Plans of Subdivision for newly approved and "granted" extensions in 2018. As well, 2018 had a significant increase in condominium applications applied for in 2018. 13.4 Detailed charts for each application type, identifying applications received and approved can be obtained by contacting the Planning Services Department. Submitted by: Reviewed by: Faye Langmaid, R.P.P, FCSLA Andrew C. Allison, B. Comm, LL.B Acting Director of Planning Services Chief Administrative Officer Staff Contact: Carlo Pellarin, Manager, Development Review, 905-623-3379 ext. 2408 or cpellarin(a-),clarington.net No interested parties to be notified of Council's decision. C P/AT/tg 74 Clat1ngton Memo Planning Services Department If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 To: Mayor and Members of Council Cc: CAO and Department Heads From: Faye Langmaid, Acting Director of Planning Services Date: January 25, 2019 Subject: Resolution regarding Durham Region's Solid Waste Management Servicing and Financing Study Report #2019 -COW -3 File: PLN 33.3.10 Please find attached the resolution requested at the January 21St General Government Committee meeting as set out in the following: Resolution #GG -008-19 Moved by Councillor Neal, seconded by Councillor Traill That the Delegations of Wendy Bracken and Linda Gasser be referred to staff to report back to the Planning and Development Committee meeting of January 28, 2019, on a draft resolution in response to the Region's Report #2019 -COW -3 2019 Solid Waste Management Servicing and Financing Study, including the proposed administrative amendment to increase the maximum annual tonnage under the ECA to 160,000 tonnes. The Resolution at this point is a draft to be discussed by Council. Some of the discussion may involve an interpretation of the Host Community Agreement (HCA), which could be a legal matter. Although the HCA provides that Clarington will not oppose the development or operation of the EFW Facility, previous correspondence from the Region indicates no objection with Clarington commenting in good faith on the conditions of regulatory approval. Sincerely, Faye Langmaid, RPP, FCSLA Attachments F L/tg LkADepartment\PLN Files\PLN 33 Waste Management\PLN 33.3.10 EFW - DURHAM YORK RESIDUAL WASTE STUDY\delegations 20190121\MEMO_MMC re EFW expansion _Jan'25'19 rev. 1537hrs - RM edits.docx The Corporation of the Municipality of Clarington 40 Temperance Street, Bowmanville ON L1 C 3A6 1905-623-3379 Proposed Resolution to address #GG -008-19 January 28, 2019 Moved by Seconded by Whereas Regional Staff presented Report #2019 -COW -3, Solid Waste Management Servicing and Financing Study on January 16, 2019 to outline a number of processes, amongst them being: x Endorsement of a long term waste management vision founded on managing waste as a resource; x Commencement of public consultation and communications for the Regional Municipality of Durham's Long Term Waste Management Strategy (Update for 2021-2040); x Authorization to apply to the Ministry of Environment, Conservation and Parks (MECP) to increase the processing limit of 140,000 tonnes per year to 160,000 tonnes per year at the Durham York Energy Centre (DYEC); x Commencement of the focussed Environmental Assessment (EA) Terms of Reference for the future expansion of the DYEC to 250,000 tonnes per year with anticipated construction in 10-15 years. Whereas Clarington is concerned that some of the actions are pre -judging the results of the Long Term Waste Management Strategy and are a more costly approach to waste diversion; and Whereas Clarington is concerned with the on-going operational issues at the DYEC and in particular the air emissions (ambient and stack) which have shown exceedances in the past; and Whereas the Region committed to a 70% waste diversion target in the DYEC EA and the Host Community Agreement; and Whereas on June 13, 2018 Regional Council approved anaerobic digestion (AD) with a mixed waste transfer and pre-sort facility as the preferred technologies for the Region's long term organic management strategy (Report #2018 -COW -146) which is necessary to move from 55% to 70% diversion, thus extending the life of the DYEC at the proposed 160,000 tonne size; Now therefore be it resolved that: Clarington Council requests Durham Region Council to direct to staff to: a. Proceed with haste on renewing its commitment to waste reduction, reuse, and diversion by reviewing, updating, and consulting with the public on the Long Term Waste Management Strategy which envisions moving from waste to resource; and b. Accelerate the AD process for implementation by Regional staff with a report to Regional Council before June 2019 outlining steps necessary to complete this project within a 3 year timeframe; and C. Prepare a public consultation and communication plan, including anticipated timelines, to educate the community about the preferred technologies (approval as per #2018 -COW -146), including the rationale, regulatory process, siting, opportunities for public input, and how the project contributes to the Region's 70% waste diversion target; and d. Clarify how they intend to obtain the input of the public with respect to any proposed increase to the processing limit of the DYEC; and e. Undertake from the anticipated savings of $1.3 million to $2.1 Million over time for the expansion of the DYEC from 140,000 to 160,000 tonnes to perform additional stack testing and renewed terms of the ambient air monitoring program as a condition of any increase to the processing limit of the DYEC; and Provide a timeline for verification of the long-term sampling system for dioxins and furans (AMESA), as required by the DYEC ECA and, upon completion of the work plan report back on the results to Durham Region and Clarington Councils; and g. Prepare and implement a communications plan to include greater promotion, education, enforcement and public awareness of the Region's waste management system; and 2. The concerns respecting local airshed quality be submitted to MECP regarding the sources and concentrations of NOx and SOx together with a request that the MECP prepare a report that identifies and evaluates the sources and concentrations of local airshed emissions, associated health risks, and overall air quality; and 3. This resolution be circulated to the MECP, Durham Region and area municipalities. Presentations and Handouts Jan.28.19 Clarington P & D Linda Gasser Comments redraft Resolution responding to #GG -008-19 Thanks for opportunity to comment on draft resolution • My comments intended to provide background information around Durham's waste plans given the limited information in 2019 -COW -3 and how these might inform your draft resolution. • I suggest changes to the draft resolution in both my PPT and related Word document Is last "Whereas" is necessary to address Clarington concerns Whereas on June 13, 2018 Regional Council approved anaerobic digestion (AD) with a mixed waste transfer and pre-sortfacility as the preferred technologies for the Region's long term organic management strategy (Report #2018 -COW -146) which is necessary to move from 55% to 70°0 diversion, thus extending the life of the DYEC at the proposed 160,000 tonne size; As written, might convey impression that Clarington assumes an expansion to 160,000 tpy is done deal? I would delete entirely OR amend as per next slide Suggested changes: • 1 would delete entirely OR amend as per red text: "Whereas on June 13, 2018 Regional Council approved anaerobic digestion (AD) with a mixed waste transfer and pre-sort facility as the preferred technologies for the Region's long term organic management strategy (Report #2018 -COW -146)" Suggest deletion rest of clause OR amend by adding red text: which they claim is necessary to move from 55°o to 70°o diversion, thus possibly extending the life of the DYEC at the proposed 160,000 tonne size; 1 a) no comment; Suggest deletion of b) • 1 b) as written: • Accelerate the AD process for implementation by Regional staff with a report to Regional Council before June 2019 outlining steps necessary to complete this project within a 3 year timeframe; and Pre-empts LTWMP review and before pilot results reported • Premature for Clarington to endorse MWP Presort and AD in advance of Mixed Waste Presort Pilot study results and with many unresolved uncertainties including how much capacity might be created at the DYEC and at what cost. • Undercuts and pre-empts Long Term Waste Management study review which has not yet gotten underway b) Is premature — prejudges approval and cites unrealistic time frame • COW 146 contemplates phasing of project and estimated timeline for operational AD Sec. 3.12: The timeframe that was identified by the Respondents to have an operational AD facility was between 18 months and four years from notice to proceed. • NTP comes after regulatory Approvals COW 146 MWP pilot objectives • Sec 5.1 Feedstock composition, including the quality or mixture of waste organics, which impacts processing, potential marketable by-product opportunities, and operating costs; • Sec. 5.20 The RFI Respondents recommended that the Region should undertake additional organics quality testing on the OFMW from the approved pilot study to assist with determining the most appropriate end use for the end product. As identified in the 2018 Solid Waste Management Servicing and Financing Study, the Region is undertaking a mixed waste characterization processing pilot study with Canada Fibers Ltd. to provide key current data which could affect the organics management strategy business case. MWPresort Pilot -will it provide type of data originally described? • Though staff in 2018 -COW -11 intended to send up to 10000 T, Table 1 in pg 11 in COW 3 indicates 3,657 T were sent to Canada Fibres in 2018 • at Nov. 28.18 EFW AC meeting, in response to my question about pilot status, staff indicated they would report on pilot later in 2019 and that it would be a waste composition study • Waste composition data alone not objective of MWP Canada Fibre pilot. • If only Waste Composition data, could have been done in Durham as in past and for less money. Current wording of c), d) and g) all address communication and consultation c) Prepare a public consultation and communication plan, including anticipated timelines, to educate the community about the preferred technologies (approval as per #2018 - COW -146), including the rationale, regulatory process, siting, opportunities for public input, and how the project contributes to the Region's 70°o waste diversion target; and dJ Clarify how they intend to obtain the input of the public with respect to any proposed increase to the processing limit of the DYEC; and g) Prepare and implement a communications plan to include greater promotion, education, enforcement and public awareness of the Region's waste management system; and Suggested consolidation and grouping of c) and d) and g) or keep separate but reorder and renumber as req'd Durham Region should prepare a community consultation and communications plan that includes: • Description of the applicable regulatory and approvals process and how they intend to consult with, and obtain the input of, the public with respect to any proposed increase to the processing limit of the DYEC; and Suggested c)d) & g) cont'd • Anticipated timelines to educate the community about the preferred technologies (approval as per #2018 -COW -146) of Durham's Organics Management Strategy, including the rationale, alternatives explored, regulatory process, siting, opportunities for public input, estimated costs and how the project might contribute to the Region's 70% waste diversion target; and • Fund, prepare and implement a communications plan to include ongoing and greater promotion, education, enforcement and public awareness of the Region's waste management system; and Section e) as written • Undertake from the anticipated savings of $1.3 million to $2.1 Million over time for the expansion of the DYECfrom 140,000 to 160,000 tonnes to perform additional stack testing and renewed terms of the ambient air monitoring program as a condition of any increase to the processing limit of the DYEC; and Supposed cost savings in COW -3 and e) very preliminary and must be verified • Approvals process not clearly described —MAY require both EA and ECA approvals 2019 -COW -3 Sec. 1.8 pg 3: • The Ministry of Environment Conservation and Parks (MECP) has advised that it will not accept an interim optimization plan for the DYEC without the Regions of Durham and York's commitment to also develop a long-term plan for the DYEC. Therefore, the development of a focused Environmental Assessment (EA) Terms of Reference for the DYEC long term capacity expansion plan should commence in 2019. Power Purchase Agreement -new schedule required? • COW 146 Sec. 2.10 re Power Purchase Agreement and subsidy to DYEC power production: In the event that an expansion is implemented, a new schedule in the PPA would be required for an updated per -kilowatt hour (KWh) revenue amount. However, the existing PPA only provides preferred pricing (currently 8.31 cents per KWh) up to the 13.9 MW name- plate capacity, and any additional electricity generation above 13.9 MW is subject to market rates. Durham council doesn't know TOTAL DYEC total disposal costs and details re York's participation, if any • Total annual costs of incinerator operations - after all adjustments in annual reconciliations —not yet know for 2017 and not well understood or monitored by Durham council • No statement in COW -3 to indicate York's commitment to either expansion • York currently 21.4% owner 30,000 T of 140,000 capacity • York has multiple other disposal contracts Suggested e) wording: • That the proponents(could be D & Y or D only or Y only), commit to fund and conduct at least semi-annual stack testing and commit to renewed terms of the current ambient air monitoring program at a minimum, as a condition of any increase to the processing limit of the DYEC; Current wording off) Provide a timeline for verification of the long- term sampling system for dioxins and furans (AMESA), as required by the DYEC ECA and, upon completion of the work plan report back on the results to Durham Region and Clarington Councils; and Suggested minor amendments to f) • Post the Amesa Work Plan on the DYED website and provide a timeline for verification of the long-term sampling system for dioxins and furans (AMEBA), as required by the DYEC ECA and, upon completion of the actions in the work plan report back on the results to Durham Region and Clarington Councils; and Additional clauses to consider • Please also consider additional suggested clauses from Wendy Bracken e.g. re updating HHERA using updated standards and proposed revised standards Minor addition to 3) • 2. The concerns respecting local airshed quality be submitted to MECP regarding the sources and concentrations of NOx and SOx together with a request that the MECP prepare a report that identifies and evaluates the sources and concentrations of local airshed emissions, associated health risks, and overall air quality; and • 3. This resolution be circulated to the MECP, Durham Region and area municipalities and York Region council Thank you • Questions? Application By: Delpark Homes (Prestonvale) Inc. Delpark Homes (Prestonvale) Inc. has submitted applications for Official Plan Amendment, Zoning By-law Amendment and Proposed Plan of Subdivision to permit 78 residential units, 66 single detached dwellings and 12 townhouse dwellings Public Meeting: January 28, 2019 AYLESWORTH AVENUE BATHGATE CRESCENT-`` SC 2018-0005 AlIMMUNE0 1,19012 HIM UNION =111111 th IM k Arena F - 491 * �# Subject Property Single Detached Home: Frontage 10.1m Single Detached Home: Frontage 11.3m Single Detached Home: Frontage 12.Om = Townhomes Mill m■w� • w Mill _ SC 2018-0005 AlIMMUNE0 1,19012 HIM UNION =111111 th IM k Arena F - 491 * �# Subject Property Single Detached Home: Frontage 10.1m Single Detached Home: Frontage 11.3m Single Detached Home: Frontage 12.Om = Townhomes Original South West Courtice Secondary Plan GRANDVIEW ar On June 26, 2014 Council DRIVE approved the deletion of public and separate elementary r R school symbols and approved i a Plan of Subdivision consisting of 80 single detached dwellings Q and two new municipal roads, 0 Roy Nichols Drive and yCLITHGATE w Stanton Street DRIVE I $WF 6 LEGEND OPlanning Area Boundary 0 Frnironmenlal R-.1011 Ans. Arterial Roads T"A MAP A ® Futo.Udaan Residential Storm V\6ater Faculty — Arterlal Roads Type B LAND USE O Law Densxy Residential - Public Elementary School ----• Arterial Reade Type C O Medium Density Residential a separate Elementary School — Collaclar Roads SOUTH WEST COURTICE Hrgh Density Residenhal - Neighbourhood Centre 4— Local Road Access SECONDARY PLAN 0 Neighbourhood Park - Utilities 0 Intersectlon Improvement MAY. 2014 O Parkene ® Heritage House •••a -►Pedestrian And r>tocousaw.noNla movoepPOR coxv.IcepxL. Bicycle Routes Axn REPREBExTS REWESTEONOpFICATI0N8ANp APPRMAra I i s �•u?+u �3r a S: �� � ��1 �.�� r � �t r r �� � � Et1 DEVELOPMENT PROPOSAL Applicant f Monday, lanvary 2a, 2019 Delpark Homes {Prestonvale) Irk. 2 p.m. Council Chambers 12" Floor) Site Locatione„ 40 Temperance Street 1430 and 1500 Prestonvale Road BowmanWAe, ON L1C 3A6 i Proposal. A proposed Official Plan Amendment, Rezoning and - - Contact the Planner Proposed Plan of Subdivision Brandon weaer permitting 78 units, the - - Planning Services extension of Rosswell Drive ' Oepanmem south and a new east-west J 905.623-11T9 street. street. 2424 ,- rices. 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