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HomeMy WebLinkAbout10-07-2019Council Revised Agenda Date:October 7, 2019 Time:7:00 PM Location: Council Chambers, 2nd Floor Municipal Administrative Centre 40 Temperance Street Bowmanville, Ontario Inquiries & Accommodations: For inquiries about this agenda, or to make arrangements for accessibility accommodations for persons attending, please contact: Michelle Chambers, Administrative Assistant to the Clerk, at 905-623-3379, ext. 2101 or by email at mchambers@clarington.net. Alternate Format: If this information is required in an alternate format, please contact the Accessibility Coordinator, at 905-623-3379 ext. 2131. Audio Record: The Municipality of Clarington makes an audio record of Council meetings. If you make a delegation or presentation at a Council meeting, the Municipality will be audio recording you and will make the recording public by publishing the recording on the Municipality’s website. In addition, please be advised that some of the Council meetings may be video recorded. Cell Phones: Please ensure all cell phones, mobile and other electronic devices are turned off or placed on non-audible mode during the meeting. Copies of Reports are available at www.clarington.net *Late Item added after the Agenda was published. Pages 1.Call to Order 2.Moment of Reflection 3.Declaration of Interest 4.Announcements 5.Adoption of Minutes of Previous Meeting(s) 5.1 Council Minutes - Minutes of a regular meeting of Council dated September 16, 2019 5 6.Presentations None 7.Delegations 7.1 Carion Fenn, Carion Fenn Foundation, regarding Recognizing Durham Mental Health Day through the Together We Are Stronger Campaign 7.2 Dan Zegers regarding Report PSD-040-19, Next Steps on Zone Clarington (Item 3 of the Planning and Development Committee Report to Council) 7.3 Scott Stevens regarding Report PSD-040-19, Next Steps on Zone Clarington (Item 3 of the Planning and Development Committee Report to Council) *7.4 Mathew Stephenson regarding Report PSD-040-19, Next Steps on Zone Clarington (Item 3 of the Planning and Development Committee Report to Council) *7.5 Harry Schillings regarding Report PSD-040-19, Next Steps on Zone Clarington (Item 3 of the Planning and Development Committee Report to Council) Page 2 *7.6 Jennifer Ford regarding Report PSD-040-19, Next Steps on Zone Clarington (Item 3 of the Planning and Development Committee Report to Council) *7.7 Larry Poirier regarding Report PSD-040-19, Next Steps on Zone Clarington (Item 3 of the Planning and Development Committee Report to Council) *7.8 Peter Vogel regarding Report PSD-040-19, Next Steps on Zone Clarington (Item 3 of the Planning and Development Committee Report to Council) 8.Communications – Receive for Information *8.1 Memo from the Director of Engineering regarding Prestonvale Road and Robert Adams Drive 3-way Stop 18 (Item 15 of the General Government Committee Report and Item 5 of the Planning and Development Committee Report) *8.2 Memo from the Acting Director of Planning regarding Resolution #PD- 130-19 21 (Item 3 of the Planning & Development Committee Report) 9.Communications – Direction *9.1 Gord Robinson regarding Report PSD-040-19, Next Steps on Zone Clarington (Item 3 of the Planning and Development Committee Report) 24 (Motion to refer to the consideration of Item 3 of the Planning and Development Committee Report) *9.2 Memo from Acting Director of Planning regarding Zone Clarington Rural Notice 25 (Item 3 of the Planning and Development Committee Report) 10.Committee Reports 10.1 Advisory Committee Reports 10.1.1 Minutes of the Clarington Museum and Archives Board dated September 11, 2019 34 10.1.2 Minutes of the Clarington Heritage Committee dated September 17, 2019 36 Page 3 10.2 General Government Committee Report of September 23, 2019 42 10.3 Planning and Development Committee Report of September 30, 2019 49 11.Staff Reports None 12.Business Arising from Procedural Notice of Motion None 13.Unfinished Business 13.1 Christine McSorley, Newcastle's of the World, Municipality of Clarington Representative at the Newcastle of the World Conference 2020 (Referred from the September 23, 2019 General Government Committee Meeting) 14.By-laws None 15.Procedural Notices of Motion None 16.Other Business 17.Confirming By-Law 18.Adjournment Page 4 If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 Council Minutes Date: Time: Location: September 16, 2019 7:00 PM Council Chambers, 2nd Floor Municipal Administrative Centre 40 Temperance Street Bowmanville, Ontario Present Were: Mayor A. Foster, Councillor G. Anderson, Councillor R. Hooper, Councillor J. Jones, Councillor J. Neal, Councillor C. Traill, Councillor M. Zwart Staff Present: A. Allison, G. Acorn, T. Cannella, A. Greentree, S. Brake until 9:40 PM, R. Maciver, M. Marano until 9:40 PM, T. Pinn until 9:40 PM, B. Hesson until 9:40 PM, M. Chambers _____________________________________________________________________ 1. Call to Order Mayor Foster called the meeting to order at 7:00 PM. 2. Moment of Reflection Councillor Traill led the meeting in a moment of reflection. 3. Declaration of Interest Councillor Neal declared a direct interest in Report PSD-038-19, Residential Neighbourhood Character Study Update and Extension of Interim Control By-law 2018-083. (Item 9 of the Joint Committees Report) Councillor Zwart declared a direct interest in Report PSD-038-19, Residential Neighbourhood Character Study Update and Extension of Interim Control By-law 2018-083. (Item 9 of the Joint Committees Report) 4. Announcements Members of Council announced upcoming community events and matters of community interest. Page 5 Council Minutes – September 16, 2019 2 Suspend the Rules Resolution # C-296-19 Moved by Councillor Hooper Seconded by Councillor Anderson That the Rules of Procedure be suspended withdraw Report PSD-036-19, Application by National Homes (Prestonvale) Inc. to permit a 112 Unit Townhouse Development at the Northeast Corner of Prestonvale Road and Bloor Street, Courtice, from the Planning and Development Committee and add it to the Agenda. Yes (4): Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor Zwart No (3): Councillor Jones, Councillor Neal, and Councillor Traill Motion Lost on a recorded vote (4 to 3) as 3/4 vote is required Suspend the Rules Resolution # C-297-19 Moved by Councillor Traill Seconded by Councillor Neal That the Rules of Procedure be suspended to add Steve Shine as a delegation regarding Items 17 and 18 of the Joint Committees Report to Council. Carried 5. Adoption of Minutes of Previous Meeting(s) 5.1 Council Minutes - Minutes of a regular meeting of Council July 2, 2019 Resolution # C-298-19 Moved by Councillor Traill Seconded by Councillor Zwart That the minutes of the regular meeting of the Council held on July 2, 2 019, be approved. Carried 6. Presentations None Page 6 Council Minutes – September 16, 2019 3 7. Delegations 7.1 Petra Schwirtz, Vice-Chair, Clarington Tourism Advisory Committee, regarding the Clarington Tourism Strategy and the Minutes of the June 27, 2019 Clarington Tourism Advisory Committee (Agenda Item 10.1.5) Petra Schwirtz, Vice-Chair, Clarington Tourism Advisory Committee, was present regarding the Clarington Tourism Strategy and the Recommendations in the minutes of the June 27, 2019 Clarington Tourism Advisory Committee. She explained to the Members of Council that the Tourism Committee has three main points they are looking to address with the Tourism Strategy. Ms. Schwirtz outlined the three main points as follows: 1. In partnership with the Municipality, develop a comprehensive tourism branding strategy, which is consistent with Clarington’s overall brand. 2. Create a marketing and educational plan for tourism. 3. To quantify the economic impact of tourism, Clarington will pursue different channels to measure its success. She concluded by asking the Members of Council to adopt the recommendations made by the Tourism Committee related to the Tourism Strategy. Ms. Schwirtz answered questions from the Members of Council. 7.2 Ruben Plaza, Corporate Environmental Manager, St. Marys Cement and Denis Corr, Manager of Audit and Research, Rotek, regarding ambient air monitoring of St. Marys Cement (Item 19 of the General Government Committee Report) Ruben Plaza, Corporate Environmental Manager, St. Marys Cement, was present regarding St. Marys Cement (Item 19 of the Joint Committees Report to Council). He made a verbal presentation to accompany an electronic presentation. Mr. Plaza provided an overview of the Bowmanville Cement Plant PM Monitoring Program including details of particulate matter (PM). Denis Corr, Manager of Audit and Research, Rotek, reviewed the various types of and sizes of particulate matter. He explained how St. Marys measures various types of particulate matter and reviewed the monitoring network overview. Mr. Corr provided and overview of the PM10 continuous monitoring and the equipment used which included a BAM1020 Continuous monitor, non-continuous high volume air sampler, and the non-continuous total dust fall sampler. He provided an overview of respirable particulate PM2.5 and referred to 2 graphs to illustrate the differences between PM10 and PM2.5 particulate matter. Page 7 Council Minutes – September 16, 2019 4 Suspend the Rules Resolution # C-299-19 Moved by Councillor Neal Seconded by Councillor Anderson That the Rules of Procedure be suspended to extend the delegation of Ruben Plaza and Denis Corr, for an additional two minutes. Carried Mr. Corr highlighted various regional PM2.5 events and provided some background information on these events. He noted there are MECP PM2.5 Standards in place which includes audits of the St. Marys PM. Mr. Corr and Mr. Plaza answered questions from the Members of Council. 7.3 Steve Shine regarding Zone Clarington (Items 17 and 18 of the Joint Committees Report to Council) Steve Shine was present on behalf the of Re-Zone Clarington group, regarding Zone Clarington (Items 17 and 18 of the Joint Committees Report to Council). Mr. Shine noted that there have been three meetings held by the Municipality with the most recent meeting having approximately 250 people in attendance. Mr. Shine noted the residents are aware that two resolutions were passed on the matter. He encouraged the Members of Council to continue with the process. Mr. Shine explained that he is making this request on behalf of the landowners as they are concerned with the lack of communication. He added that there are still issues with the mapping. Mr. Shine concluded by asking the Members of Council to remain engaged in this matter. 8. Communications – Receive for Information There are no Communications to be received for information. 9. Communications – Direction There are no Communications for Direction. 10. Committee Reports 10.1 Advisory Committee Reports 10.1.1 Minutes of the Newcastle Arena Board dated July 9 and August 13, 2019 10.1.2 Minutes of the Agricultural Advisory Committee dated July 11 and August 22, 2019 10.1.3 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated August 13, 2019 10.1.4 Minutes of the Accessibility Advisory Committee dated June 19, 2019 10.1.5 Minutes of Clarington Tourism Advisory Committee dated June 27, 2019 Page 8 Council Minutes – September 16, 2019 5 Resolution # C-300-19 Moved by Councillor Zwart Seconded by Councillor Traill That Advisory Committee Reports Items 10.1.1 to 10.1.5, be approved on consent, with the exception of Items 10.1.2 and 10.1.5. Carried Resolution # C-301-19 Moved by Councillor Zwart Seconded by Councillor Traill That the minutes of the Agricultural Advisory Committee dated July 11 and August 22, 2019, be approved. Carried Resolution # C-302-19 Moved by Councillor Hooper Seconded by Councillor Anderson Whereas the Tourism Advisory Committee has been tasked with the development of a Tourism-specific Strategic Plan, as outlined in the Committee’s Terms of Reference; And whereas, the Tourism Advisory Committee has developed the follo wing three key strategic initiatives: A. In partnership with the Municipality, develop a comprehensive tourism branding strategy, which is consistent with Clarington’s overall brand. B. Create a marketing and educational plan for tourism. C. To quantify the economic impact of tourism, pursue different channels to measure its success. And whereas, these initiatives have corresponding actions and make up a proposed Tourism Strategy; Now, therefore be it resolved that: 1. The recommended Tourism Strategy and initiatives and the minutes of the June 27, 2019 Tourism Committee, be approved; and; 2. That Staff be directed to work through the Tourism Strategy and initiatives and report annually on progress and accomplishments. Carried Page 9 Council Minutes – September 16, 2019 6 10.2 Joint General Government and Planning and Development Committees Report of September 9, 2019 Resolution # C-303-19 Moved by Councillor Jones Seconded by Councillor Hooper That the recommendations contained in the Joint General Government and the Planning and Development Committee Report of September 9, 2019 be approved on consent, with the exception of items 17, 18, 7, 19, 20, 13, and 9. Carried Item 17 - Zone Clarington – Environmental Review Area & Minimum Vegetation Protections Zone Resolution # C-304-19 Moved by Councillor Neal Seconded by Councillor Zwart That staff be directed to delete the Environmental Review Area (90 metres) and Minimum Vegetation Protections Zone (30 metres) from the draft zoning by-law amendment. Yes (7): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Jones, Councillor Neal, Councillor Traill, and Councillor Zwart Carried on a recorded vote (7 to 0) Item 18 - Zone Clarington – Environmental Protection Areas Resolution # C-305-19 Moved by Councillor Neal Seconded by Councillor Zwart Whereas a draft zoning by-law for the rural portions of the Municipality of Clarington was released in November 2018 for comment; and Whereas there has been much concern with respect to the zoning of Environmental Protection (EP) Areas in the draft zoning by-law; and Whereas the Provincial Policy Statement (PPS) has been issued for review and comment; and Whereas the proposed East Gwillimbury Zoning By-law has been appealed to the Local Planning Appeal Tribunal (LPAT); and Whereas Bill 108 proposes to amend the Conservation Authorities Act and regulations, and the Conservation Authorities (CAs) have been advised to restrict their services to core functions. Whereas MPP Piccini, at a recent public meeting regarding Zone Clarington, advised members of the public and municipal Councillors present, that as a Page 10 Council Minutes – September 16, 2019 7 Provincial Policy Statement is being reviewed by the Minister of Municipal Affairs, and movement to move forward on EP zoning would be irresponsible; Now therefore be it resolved that: 1. Planning Services Staff be instructed to pause their work on the rural portion of Zone Clarington for a period of three months, until (a) a decision has been rendered for the East Gwillimbury LPAT case; (b) there is greater clarity on the PPS revisions; and (c) it is confirmed that the CAs will have capacity to assist with review of natural heritage features; 2. Staff report back within 3 months on any changes that have taken place with respect to paragraph (1); 3. Staff report back on September 30, 2019 on the process for municipal led Official Plan amendments to the Clarington Official Plan, for correcting errors in EP designations at no cost to the landowners; 4. Staff report back to the September 30, 2019 on notifying landowners of the EP changes which took place in the recent Official Plan amendments, as well as EP changes for Zone Clarington; and 5. The inspection of properties by municipal staff continue where requested by landowners. Yes (7): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Jones, Councillor Neal, Councillor Traill, and Councillor Zwart Carried on a recorded vote (7 to 0) Recess Resolution # C-306-19 Moved by Councillor Neal Seconded by Councillor Traill That the Council recess for five minutes. Carried The meeting reconvened at 8:46 PM with Mayor Foster in the Chair. Item 7 - Expansion of Clarington Energy Business Park Secondary Plan Study Area to Include the Courtice Waterfront Resolution # C-307-19 Moved by Councillor Neal Seconded by Councillor Jones That Report PSD-033-19 be received; That staff be authorized to include the Courtice Waterfront as part of the Clarington Energy Business Park Secondary Plan Update; Page 11 Council Minutes – September 16, 2019 8 That staff be authorized to engage Urban Strategies Inc. for the additional work provided that all costs are funded by the Courtice Waterfront landowners; That the Acting Director of Planning Services be authorized to execute the necessary cost-recovery agreements; That the cost recovery agreements with the landowners require payment of 100% of the costs of the preparation of the Secondary Plan, including consultants and municipal resources such as review time from various departments, project management and administration costs; and That all interested parties for Report PSD-033-19, any delegations and the Region of Durham Planning and Economic Development Department be notified of Council’s Decision. Carried Later in the Meeting (See following motions) Resolution # C-308-19 Moved by Councillor Neal Seconded by Councillor Jones That the foregoing Resolution #C-307-19 be amended by adding the following to the end: That the Terms of Reference of the Clarington Energy Business Park Secondary Study, not include residential uses. Yes (3): Councillor Jones, Councillor Neal, and Councillor Traill No (4): Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor Zwart Motion Lost on a recorded vote (3 to 4) Councillor Neal rose on a point of order claiming comments made by Mayor Foster were mis-characterizing Councillor Neal’s position and requested the Mayor to withdraw his comments. Mayor Foster stated it was a point of privilege and also refused to withdraw his comment. Councillor Neal appealed the ruling of the Chair. Mayor Foster posed the following question “Will the ruling be sustained?” The ruling of the Chair was sustained on the following recorded vote: Yes (4): Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor Zwart No (3): Councillor Jones, Councillor Neal, and Councillor Traill Carried (4 to 3) The foregoing Resolution #C-307-19 was then put to a vote and carried. Page 12 Council Minutes – September 16, 2019 9 Item 19 - St. Marys Cement - Ambient Air Monitoring Resolution # C-309-19 Moved by Councillor Neal Seconded by Councillor Traill That Item 19 regarding St. Marys Cement ambient air monitoring, be referred back to Staff to consider retaining an expert to assist Council and to report back in mid to late October to provide options for Council to consider. Carried Item 20- Acquisition of Lands Resolution # C-310-19 Moved by Councillor Traill Seconded by Councillor Anderson That the recommendations, contained in Confidential Report PSD-037-19, be approved. Yes (5): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Traill, and Councillor Zwart No (2): Councillor Jones, and Councillor Neal Carried on a recorded vote (5 to 2) Item 13 - 2020 Budget Guidelines Resolution # C-311-19 Moved by Councillor Neal Seconded by Councillor Traill That Report FND-023-19 be received; That Staff prepare a draft budget with a target Municipal increase of 2%; That Staff include within the draft budget requests for funding from external agencies up to a maximum limit of 2%; That the 2020 Budget Schedule as outlined within the report be approved and that the Clerk establish the meeting dates; That the Budget Policy (G14) be amended to include that the budget ratification shall be targeted for the second Council meeting of any given year; and That all interested parties listed in Report FND-023-19, and any delegations be advised of Council’s decision. Yes (6): Councillor Anderson, Councillor Hooper, Councillor Jones, Councillor Neal, Councillor Traill, and Councillor Zwart No (1): Mayor Foster Carried on a recorded vote (6 to 1) Page 13 Council Minutes – September 16, 2019 10 Item 9 - Residential Neighbourhood Character Study Update and Extension of Interim Control By-law 2018-083 Councillor Neal declared a direct interest in Report PSD-038-19 as it relates to his law practice. Councillor Neal left the room and refrained from discussion and voting on this matter. Councillor Zwart declared a direct interest in Report PSD-038-19 as a member of her family owns property in the Interim Control By-law area. Councillor Zwart left the room and refrained from discussion and voting on this matter. Resolution # C-312-19 Moved by Councillor Hooper Seconded by Councillor Anderson That Report PSD-038-19 be received; That the Interim Control By-law Amendment attached to Report PSD-038-19, as Attachment 1, be approved; That notice of the passing of the Interim Control By-law Amendment be given in accordance with Subsection 38(3) of the Planning Act, R.S.O. 1990, C.P. 13, as amended; and That all interested parties listed in Report PSD-038-19 and any delegations be advised of Council’s decision. Carried Councillor Neal and Councillor Zwart returned to the meeting. 11. Staff Reports Recess Resolution # C-313-19 Moved by Councillor Neal Seconded by Councillor Traill That the Council recess for five minutes. Carried The meeting reconvened at 9:21 PM with Mayor Foster in the Chair. Page 14 Council Minutes – September 16, 2019 11 11.1 Confidential Report LGL-011-19 - Status of LPAT Appeals of OPA 107 Resolution # C-314-19 Moved by Councillor Neal Seconded by Councillor Jones That Confidential Report LGL-011-19 be received for information. Carried 12. Business Arising from Procedural Notice of Motion None 13. Unfinished Business 13.1 Paragraph Three of Resolution #C-247-19 - Recommendation to Add Two (2) Properties to the Municipal Register [Referred from the July 2, 2019 Council Meeting] Resolution # C-315-19 Moved by Councillor Hooper Seconded by Councillor Traill That 816 Regional Road 17, Newcastle be added to the Municipal Register. Tabled (See following motion) Resolution # C-316-19 Moved by Councillor Zwart Seconded by Councillor Anderson That the foregoing Resolution #C-315-19 be tabled to the September 30, 2019 Planning and Development Committee meeting. Carried 13.2 Environment Protection of Trees on Tooley Road [Referred from the September 9, 2019 Joint General Government and Planning and Development Committee Meeting] Resolution # C-317-19 Moved by Councillor Neal Seconded by Councillor Traill That that Memo from Carlo Pellarin, Manager of Development Review, regarding the Environmental Protection of Trees on Tooley Road, be received for information. Carried Page 15 Council Minutes – September 16, 2019 12 13.3 Report PSD-034-19 - Declaration of Surplus Property at the Bowmanville Avenue Westbound Exit from Highway 401 [Referred from the September 9, 2019 Joint General Government and Planning and Development Committee Meeting] Closed Session Resolution # C-318-19 Moved by Councillor Hooper Seconded by Councillor Anderson That, in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing a matter that deals with a proposed or pending acquisition of land by the municipality of local board. Carried Rise and Report The meeting resumed in open session at 9:56 PM. Mayor Foster advised that one item was discussed in “closed” session in accordance with Section 239(2) of the Municipal Act, 2001 and one resolution was passed to provide direction to staff. 14. By-laws 14.1 2019-051 - Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington 14.2 2019-052 - Being a By-law to Amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington 14.3 2019-053 - Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington 14.4 2019-054 - Being a By-law to Amend Interim Control By-law 2018-083 Resolution # C-319-19 Moved by Councillor Hooper Seconded by Councillor Anderson That leave be granted to introduce By-laws 2019-051 to 2019-054; and That the said by-laws be approved. Carried 15. Procedural Notices of Motion None Page 16 Council Minutes – September 16, 2019 13 16. Other Business Councillor Neal enquired about the deferral of Municipal Park Designation. Councillor Neal questioned the location of the trailer at Tooley's Mill Park and asked for a map or survey to determine the boundary of the Municipal Property. 17. Confirming By-Law Resolution # C-320-19 Moved by Councillor Hooper Seconded by Councillor Anderson That leave be granted to introduce By-law 2019-055, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 16th day of September, 2019; and That the said by-law be approved. Carried 18. Adjournment Resolution # C-321-19 Moved by Councillor Anderson Seconded by Councillor Zwart That the meeting adjourn at 10:03 PM. Carried ________________________________ ________________________________ Mayor Municipal Clerk Page 17 Memo Page | 1 The Corporation of the Municipality of Clarington 40 Temperance Street, Bowmanville ON L1C 3A6 | 905-623-3379 If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 During the September 23, 2019 General Government Committee (GGC) meeting, Council passed Resolution #GG-447-19 (Attachment 1) directing staff to commence a study to consider a stop sign northbound on Prestonvale Road at Robert Adams Drive to address queuing issues and report back. However, during the September 30, 2019 Planning and Development Committee (P&D) meeting, Council passed Resolution #PD- 134-19 (Attachment 1), directing staff to install a temporary stop sign at Prestonvale Road and Robert Adams Drive without first conducting a study of the operational and safety implications. Staff request clarification from Council regarding the sequence of the two resolutions. As the Director of the Engineering Department my top priority is ensuring our transportation network operates in a safe, efficient and sustainable manner . Consistent with my discussion at the September 23 GGC meeting, a complete traffic review of the request to install a northbound stop sign at the Robert Adams and Prestonvale intersection is the most prudent approach to provide a complete assessment of the potential impacts that such a consideration would have on the operation and safety of the intersection. As you are aware, staff have been working with the Region of Durham to improve the efficiency of left turn movement onto Regional Hwy 2. This consideration for a northbound stop sign would reduce the traffic movement efficiency at Robert Adams/Prestonvale Road as well as Regional Hwy 2/Prestonvale Road. The concern here is that the additional stop condition would result in a greater delay to northbound Prestonvale Road users as they would be required to stop at this intersection (Robert Adams/Prestonvale Road) before proceeding north to the signalized intersection at Hwy. 2 and Prestonvale. With the added stop sign, vehicles that would normally enter Hwy. 2 in a single green cycle may effectively have to wait two or three green cycles before they can enter Hwy. 2 as they would be queued at the new stop sign before proceeding to the signalized intersection. With a full assessment of current traffic data, the impact of various traffic control options at the intersection can be analyzed and recommendations to Council can be made To: Mayor and Members of Council From: Anthony S. Cannella, Director of Engineering Services Date: October 4, 2019 Subject: Prestonvale Road and Robert Adams Drive 3-way Stop File: D.02.33.028 Page 18 Memo Page | 2 The Corporation of the Municipality of Clarington 40 Temperance Street, Bowmanville ON L1C 3A6 | 905-623-3379 based on relevant traffic engineering principals and standards. It is staffs’ professional opinion that the decision to install a northbound stop sign at Robert Adams/Prestonvale Road be postponed until a complete traffic review is undertaken using current data. A traffic review would address the complexity of this non-standard intersection configuration and should identify any unintended negative operational and safety impacts that may not have been considered when Council made the resolution to install the stop sign without a traffic review. Additionally, as discussed at the GGC meeting of September 23, this review should be done in consultation with the Region of Durham’s traffic department to assess the impacts, operationally or otherwise, to the Regional Hwy 2/Prestonvale Road intersection as staff have requested the Region’s cooperation in making improvements to the conveyance of traffic from Prestonvale Road onto Regional Hwy 2. Staff recommend that the resolution from the GGC meeting on September 23 be endorsed by Council and the condition respecting the erection of the stop sign (i.e. the timing there of) be tabled pending consideration of the November 4 staff report. Regards, Anthony S. Cannella Director of Engineering Services ASC/RA/kb Attachment: Resolution #GG-447-19 and Resolution #PD-134-19 cc: Department Heads Page 19 Council Resolutions Regarding Stop Sign at Prestonvale Road and Robert Adams Drive: General Government Committee September 23, 2019 Resolution # GG-447-19 Moved by Councillor Jones Seconded by Councillor Zwart That staff report back to the General Government Committee meeting of November 4, 2019 regarding consideration of a Stop Sign northbound on Prestonvale Road at Robert Adams Drive to address queuing issues. Planning and Development Committee September 30, 2019 Resolution # PD-134-19 Moved by Councillor Neal Seconded by Councillor Jones That the foregoing Resolution #PD-133-19 be amended by adding the following after the second paragraph: That the applicant be directed to pay the costs to erect a temporary stop sign at Robert Adams Drive and Prestonvale Road. Page 20 Memo Planning Services Department The Corporation of the Municipality of Clarington 40 Temperance Street, Bowmanville ON L1C 3A6 | 905-623-3379 If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 The Resolution included a request that “Staff are to provide a memo to Council on what is not included in Paragraph 1 which is mandatory under provincial legislation”. 1. Paragraph 1 listed: Provincially significant wetland; a) Areas identified by CLOCA as being within a floodplain; b) Areas identified by GRCA as being within a floodplain; c) Land designated on the current Region of Durham Official Plan, Schedule B Map B-1 as containing Key Natural Heritage and Hydrologic Features; d) Land which is Significant Woodland; 2. The following features require protection in accordance with, the Provincial Policy Statement, the Greenbelt Plan and the Oak Ridges Moraine Conservation Plan and Durham Region Official Plan: Coastal wetlands (as identified by MNRF and also those on the Great Lakes) Fish habitat Significant Valleylands Significant Wildlife Habitat Habitat of Endangered species and Threatened Species Areas of Natural and Scientific Interest Sensitive Surface Water Features Sensitive Ground Water Features Erosion Hazards and Dynamic Beach Hazards 3. The Provincial Policy Statement and other applicable Provincial Plans provide the framework for the protection of a natural heritage system. The system is made up of individual features and linkages. To: Mayor and Members of Council From: Faye Langmaid, Acting Director of Planning Services Date: October 4, 2019 File No: PLN: 40 Subject: Resolution #PD-130-19 from September 30, 2019 Planning and Development Committee meeting Page 21 Page | 2 4. With regard to the third paragraph directing that “The minimum vegetation zone set out in the Greenbelt Plan shall not be including in the mapping in the Official Plan”. Staff are seeking clarification on this item as a requirement of the Region’s Official Plan is: 2.3.14 The general location of key natural heritage and/or hydrologic features are shown on Schedule B and B1. The individual features and their association vegetation protection zones are to be identified and shown in more detail in area municipal official plans and zoning by-laws. 5. The Commissioner of Planning and Economic Development at the Region of Durham has verified that Map B and B1 of the Durham Region Official Plan do not include the vegetation protection zone. The Clarington (local) Official Plan includes the vegetation protection zone as required by the Region’s policy direction in 2.3.14 and was approved by Durham Region in June 2017. Thus, if staff remove the vegetation protection zone the Official Plan will no longer be in conformity with the upper-tier Official Plan and Provincial Policy. The Planning Act, Section 27 (1) requires the lower tier official plan and zoning by-law to be in compliance. 6. Council has three options with regard to the resolution: 1) Direct staff to abandon the Zoning By-law review project and begin the process for a municipally initiated Official Plan review to specifically revisit the Natural Heritage System (Environmental Protection) mapping. Given the list of provincially mandated items to be included in the Natural Heritage System the resulting map will not change to any significant degree. The OP Review would take a number of months and require a specific budget to complete. Public expectations will be raised and the resulting OP amendment could be appealed to the LPAT. 2) Table the resolution for the 3 month “pause” of the Zoning By-law review allowing for a decision on East Gwillimbury LPAT Appeal, the PPS Review and for site reviews to occur. Staff have been directed to report on these items in addition the report would include how the vegetation protection zone can be refined and displayed in the zoning by-law. Staff would consult with Durham Region to ensure we are meeting the intent of the provincial policies during the 3 month pause. Conservation Authority staff have confirmed they are able to reallocate resources to carry out the necessary site reviews. 3) Table the resolution and direct staff to carry out the review of Clarington’s Environmental Policy Review in parallel with the Region’s Municipal Comprehensive Official Plan Review. The Region has just released the Environment and Greenlands Discussion Paper, September 2019 which details the natural heritage system and will implement the Provincial Natural Heritage System. Once the Region’s review is complete for the environmental policy and mapping, staff could initiate a review of Clarington’s Environment Protection mapping and policies in our Official Plan. Page 22 Page | 3 This would allow staff to continue work on the Zoning By-law and ensure the Official Plan remains in conformity with the Region’s/Provincial requirements. Depending on the decision of Council the letter to be sent to the rural property owners and residents should reflect the direction provided to staff. Should you have questions, Carlos Salazar, Lisa Backus or I would be happy to respond. Faye Langmaid, RPP, FCSLA Acting Director, Planning Services Department Page 23 Rezoning Clarington 4591 Concession Road #5 Newtonville, Ontario L0A 1J0 October 3, 2019 To Mayor Foster, Members Of Clarington Council and the Municipal Clerk, 40 Temperance Street Bowmanville, Ontario L1C 3A6 Re: Zone Clarington Please note: our request that this letter to be added to the Agenda of the October 7, 2019 Council Meeting. The Rezoning Clarington volunteer group of individual land owners appreciate the unanimous support given to the Motion made by Councillor Neal and seconded by Councillor Trail at the September 30th Planning and Development Committee Meeting. This Motion is a major step in the Council’s efforts to resolve the issues that have arisen amongst hundreds of land owners in rural Clarington regarding the Municipality’s Official Plan, the mapping and the proposed by-law changes. We believe that going back to mapping of rural Clarington that shows only those lands that must be designated Environmentally Protected by Provincial legislation and regulation is a necessary, critical step in a fair, open and transparent process, not only for Councillors but for the public. We are also grateful that Council has recognized that property owners who live in Clarington deserve to be treated respectfully and have supported individually addressed letter be sent to each affected owner. The Motion before Council also asks for a draft of the letter to be presented to Council before it is sent to property owners. We encourage you to ensure that it provides a full accounting of what has happened and what next steps are planned, in language that can be understood by the average citizen. The consequences and impact of having one’s land designated should also be outlined so land owners understand what they can and can not do on their property. Councillor Neal has reported on designated lands that have been mapped as EP lands in error. Continuing to provide free site visits to correct those errors over the months ahead will alleviate the confusion and anxiety many are currently feeling. However, we would like Council to ensure that site visits do not take place during the wet season or early spring before the land has dried. We suggest a pooling of water for a few short weeks does not meet the definition of a wetland. We strongly urge every Member of Council to support this Motion and ratify it at the October 7th full Council Meeting. Sincerely, Gord Robinson On behalf of Rezoning Clarington Page 24 Memo Planning Services Department The Corporation of the Municipality of Clarington 40 Temperance Street, Bowmanville ON L1C 3A6 | 905-623-3379 If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 At Planning and Development Committee on September 30, 2019, Council requested that Staff provide to Council for approval at the October 7 Council meeting a draft letter giving "written notice to every landowner materially affected as previously directed in PD-103-19 and PD-104-19.” The direction regarding notice in Resolution #PD-103-19 and #PD-104-19 was as follows: That every landowner materially affected by the Zoning By-law Amendment be notified of the proposed change in zoning in writing where there is an expansion of EP lands, and be invited to provide input, either through a representative or personally, regarding the proposed redesignation. A draft written notice has been prepared and enclosed. The notice includes an explanation of the origin of natural heritage system mapping in the Clarington Official Plan and its relationship to implementation within the first draft zoning by-law released last year. In addition, it details the proposed permitted uses for the Environmental Protection (EP) zone, where other planning approval may be needed, and the exemptions that are being proposed where a proposed development is likely to have minimal impact. Staff recommend that the letter be accompanied by a new brochure that has been prepared containing easy steps to follow to access proposed zoning information for a property, as well as a copy of the ZONE Clarington “Environmental Protection and Buffers” information sheet. In addition to providing notice to landowners who are “materially affected” and are proposed to have more of their property zoned Environmental Protection (EP) than is currently zoned, Council direction in Resolution #PD-130-19 approved on September 30 requires Planning Services provide notice of the recent approval of the updated Official Plan and ZONE Clarington project to “all rural property owners and residents.” Two options are available (MPAC data does not include tenant information): Option A: Provide the letter and enclosures in Attachment A to all rural property owners (i.e. landowners registered on title) by Canada Post through addressed mail services, with duplicates removed. This is 5,540 mail outs. To: Mayor and Members of Council From: Faye Langmaid, Acting Director of Planning Services Date: October 4, 2019 Subject: ZONE Clarington – Rural Notice File: PLN 40 Page 25 Page | 2 Option B: Provide the letter and enclosures in Attachment A to all rural property owners (i.e. landowners registered on title) by Canada Post through addressed mail services with duplicates removed, and direct mail (by postal code) to all rural residents. This option will result in an unknown number of duplicate letters being received. This is 12,550 mail outs. Should you have any questions, please contact Amy Burke, Tracey Webster or myself. Faye Langmaid Acting Director of Planning Services I:\^Department\PLN Files\PLN 40 2016-2018 Zoning By-Law Review\Staff Reports\Memos\MEMO_20191004_MMC_Rural Notice.docx Page 26 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 905-623-3379 www.clarington.net October ___, 2019 Residents and Landowners, The Municipality of Clarington’s Planning Services Department would like to inform you about ZONE Clarington, a project to review and update Clarington’s two current zoning by-laws. The ZONE Clarington project will create a new Zoning By-law that complies with provincial legislation and the Clarington Official Plan, updated in 2017. The review provides the opportunity to update, consolidate and modernize the Zoning By-law. In November 2018, the Municipality released the first draft of the proposed Zoning By- law; it’s one of three versions that will be released for comments. Since then, we’ve received questions regarding the proposed Environmental Protection (EP) zoning. The 2017 update to the Clarington Official Plan included mapping of environmental features as part of the Environmental Protection designation. The environmental features were partially mapped in the previous Official Plan and included policies that required protection of all environmental features from development. In the 2017 version of the Official Plan more features are mapped. To comply with the Official Plan, the first draft zoning by-law includes an increase in the proposed Environmental Protection zone. The mapping in the current Zoning By-law 84-63 (applies to all lands south of the Oak Ridges Moraine) is from 1984. Properties zoned Environmental Protection (EP) have been identified as having significant environmental features and/or hazard lands (e.g. floodplain). These features and hazards have been identified using base mapping data provided by the local conservation authorities and the Province. The zone includes a buffer of land that serves to protect the feature from surrounding uses and development. The following is permitted in the proposed Environmental Protect (EP) zone and related buffer: Existing farm uses, but no new buildings or structures; New houses on “existing vacant lots of record” (i.e. lots with previous zoning approval); Additions to houses on “existing lots of records” (i.e. lots with previous zoning approval); and All other uses that legally exists prior to the date that the new zoning by-law is passed. In order to expand existing development or build a new house on an “existing vacant lot of record” within the Environmental Protection zone and related buffer you may be required to obtain Site Plan Approval and submit an Environmental Evaluation to support your proposal. To reduce red tape, exemptions are proposed for this process Page 27 Page 2 that will allow the Director of Planning Services to waive approvals where the development will have minimal impact. The potential exemptions include: Redevelopment within an existing footprint; Exterior modifications to existing buildings and structures that do not impact the existing footprint; Replacement of a septic system provided it is located within the same footprint; Residential accessory buildings and structures with a footprint less than 90 square meters; and Decks, patios and porches with a footprint less than 50 square meters. Proposals not meeting the above criteria that are separated from an environmental feature by an existing development may also be considered for an exemption. An information sheet entitled Environmental Protection and Buffers is enclosed to help you understand more about the proposed zoning and how landowners with Environmental Protection (EP) zoning you could be affected. If you have concerns about how the proposed Environmental Protection zoning is applied to areas on your property where you believe there are no environmental features, please contact us to request an evaluation of the proposed zoning mapping. Working in collaboration with the Conservation Authorities, Planning Services staff have begun a process of reviewing proposed Environmental Protection zoning for specific sites, where requested. Not all property in Clarington’s rural area is affected by proposed Environmental Protection (EP) zoning. We encourage all landowners to look at the mapping of your property and to provide your input. This letter comes with a brochure that contains easy steps to follow to access a helpful mapping tool online. The pamphlet also contains contact information should you have any specific questions regarding zoning on your land. While environmental protection zoning is important, there are many other provisions that may be of interest to residents and landowners such as zoning for secondary on-farm uses and agriculture-related commercial and industrial uses, zoning for secondary apartments and special event venues, plus others. Information on these topics can be found on our website at www.clarington.net/zoneclarington. Please take the time to review the information in this letter and our online resources. We look forward to hearing your feedback. Yours truly, Tracey Webster, Senior Planner Amy Burke, Acting Manager ZONE Clarington Project Co-Lead ZONE Clarington Project Co-Lead Development Review Branch Special Projects Branch ACB/tg \\netapp5\group\Planning\^Department\PLN Files\PLN 40 2016-2018 Zoning By-Law Review\Communication and Engagement\Notices\20191006 LTR_Zone Clarington_Rural Ph Notice.docx Page 28 What is Zone Clarington? Zone Clarington is a project to simplify, review and consolidate Clarington’s two existing Zoning By-laws. Planning Services staff are working to modernize, update and merge the existing Zoning By-laws to ensure that zoning conforms with Plan and adheres to provincial regulations. Why is zoning important? Zoning is in place to make sure that we all follow the same set of rules when it comes to building and development on property. These regulations help developers and property owners make good choices so that any new construction doesn’t negatively impact the community, neighbours, agricultural and environmental lands. Is a zoning by-law legally enforceable? Yes, a Zoning By-law contains legally enforceable. It regulates the use, size, type and location of any development. Who makes the regulations? Clarington has been given the authority to zone lands by the Province through the Planning Act. The Planning Act sets out the ground rules for local municipalities and dictates how land is used. It also sets out a mechanism to control land use and delegates responsibility. The Planning Act Plans and Zoning By-Law regulations follow the Provincial Policy Statement and other Provincial plans. How is your property zoned? Follow these easy steps to access our interactive eMap that compares current zone mapping with the proposed Draft Zoning By-law. Visit www.clarington.net/ZoneClarington Scroll down the page and click on the blue button that says View Interactive eMap Review the Overview & Instructions then navigate between the tabs to compare current and proposed zoning. Use the the + and - symbols. The map shows zone categories and colours with the corresponding descriptions in the legend on the right. Access the by-law text at www.clarington.net/ZoneClarington for permitted uses and regulations that apply to the zones. Learn more. Ask questions. Provide your input. Email zoneclarington@clarington.net Call 905-623-3379 Online at www.clarington.net/ZoneClarington. Scroll to the bottom of the page to provide comments or subscribe to receive updates and the latest information Mail Zone Clarington Planning Services Department 40 Temperance Street Bowmanville, ON L1C 3A6 1 2 3 4 5 Page 29 Zoning By-law Review Project Regulatory framework Environmental protection policy direction comes from the Provincial Policy Statement, the Greenbelt Plan, and the Oak Ridges Moraine Conservation Plan. There is further direction from the Region of Durham protection policies are contained in the Clarington By-law. Environmental protection The Environmental Protection Area designation in the features and natural hazards that make up the natural heritage system, as well as hazard lands. ENVIRONMENTAL PROTECTION & BUFFERS There are numerous provincially, regionally and locally mandated environmental protection policies that need to be implemented in the new Zoning By-law. Protection (EP) Zone. The EP Zone covers the natural heritage features and includes a Minimum Vegetation Protection Zone (MVPZ). An Environmental Review Area (ERA) surrounds the EP Zone. Agricultural Zone (A) Environmental Review Area (ERA) Environmental Protection Zone (EP) Minimum Vegetation Protection Zone (MPVZ) 30 m 90 m Agricultural Zone (A) Environmental Review Area (ERA) Environmental Protection Zone (EP) Minimum Vegetation Protection Zone (MPVZ) 30 m 90 m ver 20190125 Page 30 How was the Environmental Protection Area created? The Environmental Protection Area designation in Authorities’ base map data on their ecological land and natural hazards. Information from the Ministry were included. The Environmental Protection Area designation includes: • Wetlands • Fish and riparian corridors • Valleylands • Beach bluffs • Floodplains Minimum Vegetation Protection Zone a vegetated buffer. The goal is for this area that surrounds a natural heritage feature (such as a providing a transition area between the feature and the surrounding land use. In Rural Areas, the Minimum Vegetation Protection 30 metres from the protected feature. depending on the type of feature, as follows: • 30 metres for wetlands • 15 metres seepage areas and springs • 10 metres for woodlands not associated with and/ or adjacent to a hydrologically sensitive feature Why do we need a Minimum Vegetation Zone? Depending on the feature a Minimum Vegetation nutrients and other contaminants from runoff or supply food to aquatic systems. The vegetation buffer dissipates energy and reduces erosion movement corridor, and overhanging vegetation environmental study. What development is permitted within the Environmental Protection Zone? Development is not permitted in the Environmental There are policies in the Greenbelt Plan, the Oak Plan that permit the development of a single prior to the adoption of those plans. These lots are The dates for lots to be considered Existing Lots Of Record are: • Greenbelt Plan Area – December 16, 2004 • Oak Ridges Moraine Plan Area – November 15, 2001 • Lands in the remainder of the Municipality – July 11, 2017 ver 20190125 Page 31 Environmental Review Area metres from the Minimum Vegetation Protection which covers the Oak Ridges Moraine. The ERA is an overlay that triggers an environmental study prior to development in accordance with the underlying zone permissions. Why do we need an ERA? The ERA ensures evaluation of potential impact of any development on an environmentally What development is permitted? The uses permitted in the Environmental Review Area are based on the underlying zone demonstrate that there will be no adverse effects on the feature or its related function. The Environmental Review Area triggers the need for a site plan application. Through the requirement of a site plan application under section 41 of the Planning ensure all policies of the Greenbelt Plan, the Oak Plan, including the submission of an environmental study are met. Why are policies different for rural and urban areas? The Oak Ridges Moraine Conservation Plan and the Greenbelt Plan both establish a 30-metre heritage features. This 30-metre Minimum Vegetation Clarington that are not within the Greenbelt or the Oak Ridges Moraine. Within Urban and Settlement Areas, the Provincial Policy Statement is the applicable legislation. It states that natural heritage features and their adjacent lands must be protected. Areas wetlands will have a 30-meter Minimum environmental features require a 15-metre buffer. The environmental feature. Review Area in the Rural Areas only. In the Rural Areas, these clearly marked buffers will trigger a Site Plan Control application to ensure environmental protection. In Urban and Settlement Areas, the environmental protection policies will be implemented ver 20190125 Page 32 Determining boundaries The boundaries of the Environmental Protection Conservation Authorities and Ministry of Natural Resources that represents natural heritage features, hydrologically sensitive features and natural hazards. The proposed zoning by-law contains a regulation to be determined through consultation with the appropriate Conservation Authority and review of an Environmental Study. Additions, removals and trimming Additions Small vegetated areas were added to the for inclusion in the Environmental Protection Area only occurred where there was a direct connection to a well-vegetated natural heritage feature, and there was no development on the lands. Removals Woodlands that were cleared for development in accordance with the current zoning by-laws were This was only done if no other hazard, natural heritage feature or hydrologically sensitive features were present. Trimming Environmental Review Area was adjusted where they were separated from the associated natural heritage feature or hydrologically sensitive feature by a road or rail line. What do you think? between the Municipality and the community. We want to hear your thoughts on the proposed zoning for Environmental Protection Zones and Buffers. • environmental features with an Environmental • What challenges do you see arising with • What concerns do you have that should be taken • • Ensure your ideas are considered during the review and submit your feedback online at , email or Stay up-to-date Visit and information centres, public meetings and revised drafts Resources Current Clarington Zoning By-laws: Oak Ridges Moraine Conservation Plan (2017): Greenbelt Plan (2017) Provincial Policy Statement (2014): ver 20190125 www.clarington.net/ZoneClarington Page 33          rovide information,  Children with an incarcerated parent have higher incidences of low academic achievement, substance addiction and mental illness. 20% of the 2SLGBTQI community report physical harassment/assault based on perceived gender identity or sexual orientation as compared to 10% of non-2SLGBTQI population Bianca Albanese Ajax, ON Thank you! Next Steps on Zone Clarington Discussion Council Meeting Monday October 7, 2019 Official Plan Hampton Ariel View Hampton Hampton Hampton Wetlands Hampton 4380 Old Scugog Road Significant Valleylands??? 4380 Old Scugog Road Valley Lands 1987 Bloor Street 1987 Bloor Street Other Wetland? 1987 Bloor St Concession 6 Concession 6 Concession 6 Conclusion }Have we gone too far? Are we supersizing EP land designations? }What is it we are trying to protect?