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HomeMy WebLinkAbout02-03-2020 Planning and Development Committee Agenda Date:February 3, 2020 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: Samantha Gray, Committee Coordinator, at 905-623-3379, ext. 2106 or by email at sgray@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 The Municipality of Clarington makes an audio record of Planning and Development Committee meeting. If you make a delegation or presentation at a Planning and Development 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/archive *Late Item added after the Agenda was published. Pages 1.Call to Order 2.Land Acknowledgment Statement 3.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. 4.Adopt the Agenda 5.Declaration of Interest 6.Announcements 7.Adoption of Minutes of Previous Meeting 7.1 Minutes of a Regular Meeting of January 13, 2020 5 8.Public Meetings No Public Meetings 9.Delegations 9.1 Eric Bowman, Chair, and Brenda Metcalf, Past Chair, Agricultural Advisory Committee, Regarding the Agricultural Advisory Committee – 2019 Accomplishments 9.2 Joyce Kufta, Chair, Parkview Lodge, Regarding Relocating of the East Municipal Crosswalk 9.3 Rick McEachern, Regarding PSD-004-20 Proposed Heritage Designation for the Fletcher Tree (2 Church Street, Bowmanville) Planning and Development Committee February 3, 2020 Page 2 10.Communications – Receive for Information 10.1 Faye Langmaid, Acting Director of Planning Services, Municipality of Clarington, Regarding Camp 30 Update 14 10.2 Minutes of the Agricultural Advisory Committee of Clarington dated January 9, 2020 19 11.Communications – Direction 11.1 Joyce Kufta, Chair, Parkview Lodge, Regarding Relocating of the East Municipal Crosswalk 23 (Motion to Refer Correspondence from Joyce Kufta, Chair, Parkview Lodge, Regarding Relocating of the East Municipal Crosswalk, to the CAO to Report Back) 12.Presentations No Presentations 13.Planning Services Department Reports 13.1 PSD-003-20 Development Applications – 2019 Annual Report 25 13.2 PSD-004-20 Proposed Heritage Designation for the Fletcher Tree (2 Church Street, Bowmanville) 40 14.Solicitor's Department Reports 14.1 LGL-002-20 Status of LPAT Appeals of OPA 107 56 15.New Business – Consideration 16.Unfinished Business 16.1 PSD-005-20 Addendum to Report PSD-039-19 Exemption Request for 10 Victoria Street for Interim Control By-law 60 16.2 Confidential Report LGL-013-19 10 Victoria Street – Exemption from Part Lot Control [Referred to Staff from the December 2, 2019 Planning and Development Committee with Report PSD-039-19] [Distributed Under Separate Cover] Planning and Development Committee February 3, 2020 Page 3 17.Confidential Reports 17.1 Confidential Verbal Report from the Acting Director of Planning Services, Regarding Potential Property Acquisition 18.Adjournment Planning and Development Committee February 3, 2020 Page 4 1 If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 Planning and Development Committee Minutes Date: Time: Location: January 13, 2020 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, -, J. Gallagher, S. Gray _____________________________________________________________________ 1. Call to Order Councillor Neal called the meeting to order at 7:00 PM. 2. Land Acknowledgment Statement Councillor Traill led the meeting in the Land Acknowledgment Statement. 3. New Business – Introduction There were no new business items added to the Agenda. 4. Adopt the Agenda Resolution # PD-001-20 Moved by Councillor Hooper Seconded by Councillor Jones That the Agenda for the Planning and Development Committee meeting of January 13, 2020 be adopted with the following change: That Item 12.1, presentation from Dana Anderson and Kelly Martel, MHBC Planning, regarding Bowmanville Neighbourhood Character Study – Options Analysis and Recommendations be considered before Item 8.1, Public Meeting. Carried Page 5 Planning and Development Committee Minutes January 13, 2020 2 5. Declaration of Interest Councillor Neal declared an indirect interest in Item 8.1, Public Meeting, Item 12.1, Presentation from Dana Anderson and Kelly Martel, MHBC Plannin g, were present regarding Bowmanville Neighbourhood Character Study – Options Analysis and Recommendations and Report PSD-001-20, Proposed Official Plan Amendment and Rezoning to Implement the Bowmanville Neighbourhood Character Study. 6. Announcements Members of Committee announced upcoming community events and matters of community interest. 7. Adoption of Minutes of Previous Meeting 7.1 Minutes of a Regular Meeting of the Planning and Development Committee dated December 2, 2019 Resolution # PD-002-20 Moved by Councillor Zwart Seconded by Councillor Traill That the minutes of the regular meeting of the Planning and Development Committee meeting held on December 2, 2019, be approved. Carried 8. Public Meetings 8.1 Dana Anderson and Kelly Martel, MHBC Planning, Regarding Bowmanville Neighbourhood Character Study – Options Analysis and Recommendations Councillor Neal declared an indirect interest in presentation for the Bowmanville Neighbourhood Character Study, as it relates to his law practice. Councillor Neal left the room and refrained from discussion on this matter. Mayor Foster chaired this portion of the meeting. Dana Anderson and Kelly Martel, MHBC Planning, were present regarding Bowmanville Neighbourhood Character Study – Options Analysis and Recommendations. They made a verbal presentation to accompany an electronic presentation. Ms. Anderson defined Neighbourhood Character as collective qualities and characteristics that distinguish a particular area or neighbourhood. She provided the Committee with an outline of the study purpose and the study area. Ms. Anderson noted that the study area is focused on three established residential areas. She stated that the study process was completed in four phases. Ms. Anderson explained that Phase 1 was a background review, to understand context and existing conditions. She noted that Phase 2 was a character assessment which included, walking tours, creating an neighbourhood inventory, a public workshop, and a background study report. Ms. Anderson explained that Phase 3 was an analysis and Page 6 Planning and Development Committee Minutes January 13, 2020 3 recommendations and that Phase 4 was the final recommendations. Ms. Martel provided the Committee with an overview of the final recommendations. She provided the Committee with a visualization of the proposed changes. Ms. Anderson advised the Committee that they were available to answer questions. 8.2 Public Meeting for a Proposed Official Plan and Zoning By-law Amendment to Implement the Bowmanville Neighbourhood Character Study Councillor Neal declared an indirect interest in Report PSD-001-20, Proposed Official Plan and Zoning By-law Amendment to Implement the Bowmanville Neighbourhood Character Study, as it relates to his law practice. Councillor Neal left the room and refrained from discussion on this matter. Tracy Webster, Planner, made a verbal and electronic presentation to the Committee regarding the application. Ken Hoy, local resident, spoke in opposition to the application. Mr. Hoy advised the Committee that he is concerned with the recommendation regarding the garage size. He noted that a 1.5 garage on a 60 foot lot is not enough parking for a lot that size and that this recommendation would diminish property values. Steve Hennesey, local resident, spoke in opposition to the application. Mr. Hennesey explained that he is concerned with Area 3 of the study and how it will delay development. He stated that the comparison municipalities used in the study are not consistent with the Municipality of Clarington. Mr. Hennesey noted that the reduction in setback and area will affect property values. James Rook, local resident, spoke in opposition to the application. Mr. Rook is concerned with the recommendation regarding the size of garages. He explained that he would like to convert his detached garage to an attached garage, and if the recommendation is approved he would have to apply for a minor variance. Chris Vesters, local resident, spoke in opposition to the application. Mr. Vesters is concerned with that the recommendations will hinder new development on current properties in the area. Peggy Clark, local resident, spoke in opposition to the application. Ms. Clark is concerned with how the recommendations do not mention climate change. She would like the recommendations to include reports and consideration to potential flooding and drainage issues. Eileen Mapili, local resident, spoke in opposition to the application. Ms. Mapili is concerned with the environmental impact of the recommendations. She noted that all neighbourhoods have been developed around vehicles. Ms. Mapili explained that the Municipality needs to begin to think about planning for the future. She noted that she is concerned with the ability to provide more housing opportunities, and that multiple homes should be allowed on larger properties. Thorsten Koseck, local resident, spoke in opposition to the application. Mr. Koseck explained that he is concerned with the municipalities used as comparatives and would like to know what was adopted from those municipalities Page 7 Planning and Development Committee Minutes January 13, 2020 4 as best practices. He stated that he appreciated the feedback in the report but would like to know how it aligns with the Municipality of Clarington's strategic plan. Mr. Koseck expressed that, when sending out notices to residents that the Municipality, the Municipality could save paper by printing double sided and in black and white. Patti Thompson, local resident, spoke in opposition to the application. Ms. Thompson stated that she is concerned with the recommendations. She noted that she would like to sever her lot in the future and the recommendations may restrict her from doing so. Ms. Thompson explained that she would like to preserve the heritage and culture of Bowmanville. She advised the Committee that developers will not buy properties based on these recommendations. Ms. Thompson is concerned that the value of her property will be reduced based on these recommendations. Dave Crozier, local resident, spoke in opposition to the application. Mr. Crozier explained that he is concerned with the recommendations and specifically allotted garage size. He advised the Committee that these recommendations will not draw people into investing in the community. Mr. Crozier urged the Committee to look at how the recommendations affect the value of residents homes. He mentioned that the comparative municipalities seemed to be selective and not representative of the Municipality of Clarington. Emidio DiPalo, Durham Region Home Builders' Association (DRHBA), spoke in opposition to the application. Mr. DiPalo stated that he is concerned with the area coverage and garage sizes. He noted that the DRHBA was never approached to provide feedback during the study and would like to be kept informed in the future. James Rook, local resident, spoke in support of the application. Mr. Rook explained that he supports the concept of the study and that it has not been done in isolation. He stated that the recommendations will preserve the character of the neighbourhood. Jon Gale, local resident, spoke in opposition to the application. Mr. Gale explained that he is concerned with the fence height restrictions. He noted that his pool is no longer private now that a tall house has been built behind them. Alter the Agenda Resolution # PD-003-20 Moved by Councillor Anderson Seconded by Councillor Hooper That the Agenda be altered to consider Report PSD-001-20, after the Public Meeting portion of the Agenda. Carried Page 8 Planning and Development Committee Minutes January 13, 2020 5 Recess Resolution # PD-004-20 Moved by Councillor Traill Seconded by Councillor Jones That the Committee recess for 5 minutes. Carried The meeting reconvened at 8:48 PM with Mayor Foster in the Chair. 8.3 PSD-001-20 - Proposed Official Plan Amendment and Rezoning to Implement the Bowmanville Neighbourhood Character Study Councillor Neal declared an indirect interest in Report PSD-001-20, Proposed Official Plan and Zoning By-law Amendment to Implement the Bowmanville Neighbourhood Character Study, as it relates to his law practice. Councillor Neal left the room and refrained from discussion on this matter. Resolution # PD-005-20 Moved by Councillor Hooper Seconded by Councillor Traill That Report PSD-001-20 be received; That the final recommendations of the Bowmanville Neighbourhood Character Study be received for information; That the recommendations contained in Section 6.3.1 relating to Trees be forwarded to the Operations Department for consideration; That the recommendations contained in Section 6.3.2 relating to Heritage be forwarded to the Clarington Heritage Committee for consideration; That the proposed applications for an Official Plan Amendment COPA2019 -0002 and Zoning By-law Amendment ZBA2019-0019 continue to be processed including the preparation of a subsequent report; and That all interested parties listed in Report PSD-001-20 and any delegations be advised of Council’s decision. Carried Later in the Meeting, see following motion Resolution # PD-006-20 Moved by Councillor Hooper Seconded by Councillor Jones That the Rules of Procedure be suspended to allow Members of Committee to speak to the foregoing resolution for a second time. Carried The foregoing resolution #PD-005-20 was then put to a vote and carried. Page 9 Planning and Development Committee Minutes January 13, 2020 6 Recess Resolution # PD-007-20 Moved by Councillor Traill Seconded by Councillor Jones That the Committee recess for 5 minutes. Carried The meeting reconvened at 9:30 PM with Councillor Neal in the Chair. 9. Delegations There were no Delegations. Councillor Neal returned to the meeting and chaired the meeting. Mayor Foster left the chair. 10. Communications – Receive for Information Resolution # PD-008-20 Moved by Mayor Foster Seconded by Councillor Jones That Communication Items 10.1 and 10.2, be received on consent. Carried 10.1 Ralph Walton, Regional Clerk/Director of Legislative Services, Region of Durham, Regarding Authorization to Initiate a Comprehensive Review for the Design of a Proposed Community Improvement Plan for Durham Region 10.2 Ralph Walton, Regional Clerk/Director of Legislative Services, Region of Durham, Regarding Envision Durham - Housing Policy Planning Discussion Paper 11. Communications – Direction 11.1 Kevin Narraway, Manager of Legislative Services/Deputy Clerk, Town the Whitby, regarding Regional Heritage Property Tax Rebate Resolution # PD-009-20 Moved by Mayor Foster Seconded by Councillor Traill That the Communication Item 11.1, be referred to the General Government Committee of January 27, 2020. Carried Page 10 Planning and Development Committee Minutes January 13, 2020 7 11.2 Bethany McMahon, Administrative Assistant, Town of Deep River, Regarding Premiers to Develop Nuclear Reactor Technology Resolution # PD-010-20 Moved by Mayor Foster Seconded by Councillor Hooper That the following resolution from The Town of Deep River, regarding Premiers to Develop Nuclear Reactor Technology, be endorsed by the Municipality of Clarington: Be it resolved that the CBC News report entitled "Group of premiers band together to develop nuclear reactor technology", be received, and Whereas the Premiers of Ontario, Saskatchewan and New Brinswick have announced their intention to work together on the development of small modula reactors to help their provinces reduce carbon emissions and address the challenges of climate change; Whereas Canada has demonstrated excellence and leadership in the nuclear industry on the world stage for more than 70 years; Whereas the Canadian nuclear industry is one of the safest and most well- regulated energy sectors in the world under the oversight of the Canadian Nuclear Safety Commission; Whereas the citizens of Ontario have enjoyed the benefits of safe, clean, low-carbon energy produced by Ontario's nuclear industry for over 50 years; Whereas small modular reactors have the potential to provide municipalities, especially rural and northern municipalities, with an innovative technology that provides a safe, \ow-carbon alternative to meet energy demands; therefore, Be it resolved the Town of Deep River write to the Premiers of Ontario, Saskatchewan and New Brunswick to express support for their decision to work together on the development of small modular reactor technology as a safe, low- carbon energy option; That the Town of Deep River write to the Prime Minister of Canada, Minister of Natural Resources, and the remaining provincial premiers asking that they support investment in the research and development of small modular reactor technology as an innovative, safe, low-carbon energy option; and That this resolution be circulated to all upper and lower-tier municipalities in Ontario, and the Federation of Canadian Municipalities, for their consideration. Carried Page 11 Planning and Development Committee Minutes January 13, 2020 8 12. Presentations 12.1 Dana Anderson and Kelly Martel, MHBC Planning, Regarding Bowmanville Neighbourhood Character Study – Options Analysis and Recommendations The presentation from Dana Anderson and Kelly Martel, MHBC Planning, Regarding Bowmanville Neighbourhood Character Study – Options Analysis and Recommendations was considered earlier in the meeting before the public meeting portion of the agenda. 13. Planning Services Department Reports 13.1 PSD-001-20 - Proposed Official Plan Amendment and Rezoning to Implement the Bowmanville Neighbourhood Character Study Report PSD-001-20 was considered earlier in the meeting during the public meeting portion of the agenda. 13.2 PSD-002-20 - An Application by Bowmanville Village Inc. for a Removal of Holding Resolution # PD-011-20 Moved by Councillor Traill Seconded by Councillor Hooper That Report PSD-002-20 be received; That the application submitted by Bowmanville Village Inc. to remove the Holding (H) symbol be approved as contained in Attachment 1 to Report PSD -002-20; That Council’s decision and a copy of Report PSD-002-20 be forwarded to the Region of Durham and the Municipal Property Assessment Corporation; and That all interested parties listed in Report PSD-002-20 and any delegations be advised of Council's decision. Carried 14. New Business – Consideration 15. Unfinished Business 16. Confidential Reports Page 12 Planning and Development Committee Minutes January 13, 2020 9 17. Adjournment Resolution # PD-012-20 Moved by Councillor Hooper Seconded by Councillor Jones That the meeting adjourn at 9:44 PM. Carried ________________________________ ________________________________ Mayor Deputy Clerk Page 13 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 the January 13, 2020 Planning and Development Committee meeting Mayor Foster asked for an update on Camp 30. The Municipal Solicitor issued a letter to Kaitlin and Fandor Homes on November 6, 2019. Kaitlin and Fandor are the owners of the lands known as Camp 30 under the company name of Lambs Road School Property Ltd. (“LRSP”). The municipal solicitor’s letter asked them to meet their commitments in the legal agreement, signed in July 2016 between the Municipality and LRSP. We have not received a formal written response; however we have been informed via emails to the Jury Lands Foundation (we were copied) and remarks made by the owners’ lawyer that they are working on the requirements for the subdivision application regarding the southern most area such that they will be able to submit a complete application consistent with the legal agreement. LRSP previously submitted a zoning and subdivision application in 2009 with a public meeting being held in June of 2010. At the time, LRSP also submitted an Official Plan amendment to move the Community Park symbol from this parcel to the middle of the property. This OPA application is now redundant as OPA 107 moved the park symbol to the southeast corner of Lambs Road and Concession. Amendment 107 also introduced a Special Policy Area F Section 16.7 in the Official Plan for Camp 30 and its surrounding lands (the parcel bounded on the west by Soper Creek, the north by the rail line, the east by Lambs Road and the south by Concession Street East). The Special Policy called for an overall community vision which was presented to the public and Council in 2018 and 2019. The Report PSD-041-19 on the Special Policy was tabled indefinitely as the owners are looking for higher density than allowed in the Official Plan and recommended by the Special Policy. To: Mayor and Members of Council From: Faye Langmaid, Acting Director of Planning Services Date: January 24, 2020 Subject: Camp 30 Update, PLN 34.5.2.64.1, COPA2018-0003 ZBA2009-0023, S-C-2009-003 File: PLN 34.5.2.64.1 Page 14 Page | 2 There are a number of outstanding requirements for a complete application for the subdivision (see Attachment 1). The applicants were provided with this listing in a meeting held on September 27, 2016. The applicant will either have to address the requirements of the Special Policy Area F as the Official Plan is in full force and effect, or Council could proceed with approval of PSD-041-19. Given the amount of time that has passed since the public meeting on this application in June 2010 another public meeting will be required. Should you have any questions, please contact Rob Maciver or myself. Faye Langmaid, FCSLA, RPP Acting Director of Planning Services /jp Attachment 1, Requirements for Complete Application – Camp 30 Page 15 Attachment 1 Page | 1 Requirements for Complete Application – Camp 30 Copies of the Draft Plan of Subdivision 35 copies The draft plan may include the Open Space and Parkland as blocks on the Draft plan of subdivision as per the legal agreement; or, the limits of the draft plan can be limited to the table lands only in area 1 and reference plans prepared for the future dedication as per the legal agreement. Areas 2, 3 and 4 should be shown as other lands owned by applicant, without development details. Traffic Study 5 copies To address changing road classifications in draft Official Plan; previous comments from staff from 2010-2012 Functional Servicing and Stormwater Management Plan 7 copies To address staff comments from 2011 and CLOCA comments Noise Impact Study 5 copies To reflect current development proposal EIS Addendum 7 copies Update Species at Risk, CLOCA Natural Heritage System, any potential changes to the NHS as a result of proposed development and provide justification for those changes. Update Include current setback requirements as outlined within CLOCA Policy and Procedural Document, section 8.4, Table 1 (I.e 10metres from dripline, 10 metres from Top of bank) In Dec 9, 2015 letter CLOCA agreed to honour the previously agreed upon 5metre setback from dripline on the south side of Tributary 1. We will maintain this comment, provided that no trail system is proposed through the 5 metre setback. If a trail system is proposed in this location, it must be located outside of the 5 metre setback. Please have consultant explore opportunities for the protection of catalpa trees in vicinity of development Area 1 as these tree have some historical significance relating to the Camp 30 site. Page 16 Attachment 1 Page | 2 Water Balance 7 copies Through recommendations of the EIS, a Water balance for all development is required to ensure infiltration across the sites are maintained and contributions to tributaries A thermal monitoring plan will be required and the program established to monitor and assess effectiveness of the measures implemented. Updated Scoped Subwatershed Study 7 copies Although a comment letter dated January 30, 2012 addressed CLOCA engineering comments sufficiently, those revisions will need to be transferred and reflected into a Final Subwatershed Study Report such as requirements for thermal mitigation. Further, there was an additional submission on February 15, 2012 with updates to pages 11, 12 and 13 of the report, however, a new report was not provided, only the pages. These updates should be included in a final version. Update Constraints map, Fig 5 / development limits. Given the time that has lapsed since the 2006 erosion assessment has been completed, we will require an update to the report to ensure the hazard lands are properly reflected on the plans with what exists on the ground today, as well as confirmation that the toe erosion allowances recommended are still applicable. The required 6 metre access allowance must be added to all of the hazard lands identified on Figure 5. This is a requirement through CLOCA Planning and Regulation policies for hazard lands. A full constraints map needs to be provided including all of the hazard components and setbacks as well as all of the natural heritage features and setbacks (current) (For at least the Phase 1 lands). CLOCA would recommend that the recommendations in the EIS be brought forward in the Scoped Subwatershed to ensure recommended stormwater design measures are incorporated and as a trigger to refer to the Final EIS for other detailed recommendations. PDF/Digital copies of all documents required, including a CAD file for the draft plan of subdivision. Page 17 Attachment 1 Page | 3 Other items to note that will be included as Conditions of Draft Approval – not intended to be a complete list Stage 3 Archaeological Assessment Urban Design/Community Theme Plan – To reflect overall Community Vision/Urban Design Plan. Other items to note relating to legal agreement Open Space/Parkland dedication north of Area 1 will be dedicated as per agreement but then further refined by future EIS work Phase 1 ESA Update – Environmental Site Assessment should be prepared for the valley system, with attention to the decommissioning of the private sewage system. A record of site condition may be warranted. Page 18 Agricultural Advisory Committee of Clarington January 9, 2020 Agricultural Advisory Committee of Clarington Meeting Thursday, January 9, 2020 Members Present: Brenda Metcalf Eric Bowman Jennifer Knox Ted Watson Tom Barrie Ben Eastman Richard Rekker John Cartwright Les Caswell Henry Zekveld Councillor Zwart Regrets: Don Rickard Staff: Amy Burke - Planning Services Guests: Pam Lancaster – Ganaraska Region Conservation Authority Jamie Davidson – Central Lake Ontario Conservation Authority April Stevenson – Highway of Heroes Tree Campaign Brenda welcomed all to the meeting, with introductions. No pecuniary interests declared. Election of Chair 020-01 Moved by Tom Barrie, seconded by Richard Rekker That Eric Bowman be Chair if he is willing to stand. Eric Bowman confirmed that he is willing to stand as Committee Chair. Carried 020-02 Moved by Tom Barrie, seconded by Richard Rekker That John Cartwright be Vice-Chair if he is willing to stand. John Cartwright confirmed that he is willing to stand as Committee Chair. Carried The Committee thanked Brenda for her leadership and dedication as Committee Chair for the past years. Adoption of Agenda 020-03 Moved by Tom Barrie, seconded by Brenda Metcalf That the Agenda for January 9, 2020 be adopted. Carried Page 19 Agricultural Advisory Committee of Clarington January 9, 2020 Approval of Minutes 020-04 Moved by Richard Rekker, seconded by Ted Watson That the minutes of the December 12, 2019 meeting be approved. Carried Presentation: Highway of Heroes Tree Campaign – April Stevenson provided an overview of this new initiative. HOH aims to plant 2 million trees by 2022. Private Landowner Partnership program offers qualified landowners planted native seedlings , with possible savings of up to 80% on planting costs. Preference is given to sites that are at least 2.5 acres and within 30 km of the Highway 401 corridor. The program process was reviewed, including the site assessment and survival assessment processes. For program details or to complete an eligibility for and apply, visit www.hohtribute.ca/plp. Clean Water – Healthy Land Financial Assistance Program – Pam Lancaster provided an overview of the 2020 offering of this program for GRCA’s area within Clarington. Any project on property within GRCA’s area that can improve, maintain, or protect water quality, quantity and/or aquatic or terrestrial habitat may be eligible for funding under the CWHLFAP. Funding must be approved before the project has begun. A number of agricultural project categories exist, which have had good uptake. In 2019, 9 projects on 8 properties were approved for a total allocation of $11,056 in grant funding. The total funding allocation in Clarington since the program was launched in 2007 is $226,100. CWHLFAP information is found at www.grca.on.ca. CLOCA’s Updated Watershed Management Plans – Jamie Davidson reviewed the purpose, history and evolution of CLOCA’s watershed management plans, the scope of the plan updates carried out and out for public review and comment. A new evaluation framework for evaluating watershed health is proposed that includes measurable indicators and goals for specific attributes (e.g. forest cover). Actions to achieve these goals distinguish responsibility for implementation (e.g. CLOCA, local municipality, community). A component of the new proposal includes the resurrection of land stewardship and restoration programming for landowners. The disparity of programs for land stewardship across Clarington is a longstanding concern voiced by the Committee. The Committee discussed the challenge facing the development and implementation of watershed health and land use planning policy in light of a growing population; achieving natural heritage targets needs to recognize the increasing importance of maintaining agricultural land. Business Arising from Minutes Security from Trespass and Protecting Food Safety Act, 2019: Letter of support sent to Hon. Ernie Hardeman, Minister of Agriculture, Food and Rural Affairs, in support of introducing legislation to protect farm families and food safety. Line Fences Repeal Act, 2019: Prior to the meeting, Richard circulated to the Committee Ontario Federation of Agriculture’s position letter on the proposed Act, Page 20 Agricultural Advisory Committee of Clarington January 9, 2020 stating OFA’s opposition to repeal as it would result in more “Red Tape”. OFA’s position is supported by the Durham Region Federation of Agriculture. Emerald Ash Borer Funding Assistance: Committee motion 019-26 from last meeting endorsed by General Government Committee of Council on January 6. Final consideration at Council on January 20. Fireworks By-law 2015-047: Clerk’s report responding to the request for tighter regulations to protect livestock considered by General Government Committee on January 6. Report recommendation does not recommend by-law amendments. Endorsed by Council. Final consideration at Council on January 20. Correspondence, Council Items and Referrals None. Liaison Reports: Durham Agriculture Advisory Committee: December meeting minutes indicate that local municipalities have mapping of tile drain infrastructure. Matter discussed by Staff and Clarington Engineering Services has confirmed that the Municipality does not have information relating to tile drained lands or drainage pipe locations on private property in Clarington. Durham Region Federation of Agriculture: No updates. Clarington Board of Trade: Breakfast with Mayor Foster event taking place on January 21, 7:30am, at Bowmanville Creek Retirement Community. Farm Connections: Annual General Meeting will be held on January 30, 7:00pm at Blackstock Recreation Complex with guest speaker Rod Black. New Business Canadian Tire Motorsport Park Fly Over Support Request: CTMP applying for a Canadian Armed Forces aircraft flyover as low as 500 feet for one of three marquee 2020 events. Flyover can consist of up to two passes of either the Canadian Snowbirds CT-114 Tutor 7 or 9 plane fleet, or the CF-18 Demo Jet. There would also be practice slots for the aircrafts of either 45 minutes (minimum) for the CT -114 fleet or 25 minutes (minimum) for the CF-18. Request for letter of support from the Municipality endorsed by General Government Committee on January 6. Final consideration at Council on January 20. The Committee discussed the potential for spooking of livestock in the area. Per the request of the Committee, Staff will request an update from CTMP when a decision on CTMP’s application has been issued. Region of Durham Broadband Strategy: Region of Durham has launched two surveys to gather feedback and contribute to improving broadband access across the region - one targeted to Durham residents (with additional questions for farms) and one targeted to businesses. Visit www.durham.ca/broadband to complete surveys. Survey Page 21 Agricultural Advisory Committee of Clarington January 9, 2020 closes April 30, 2020. Question raised regarding broadband expansion and the potential implications for the tax levy; Staff to discuss with Municipal Treasurer. 2020 Trees for Rural Roads Program: 2020 applications will open on January 16. Applications available at www.clarington.net/treesforruralroads. Application deadline – March 31, 2020. 2019 AACC Accomplishments: Brenda will present the Committee’s 2019 accomplishments to Council at the February 3, 2020 Planning & Development Committee meeting. Next Meeting: Thursday, February 13, 2020 @ 7:30 pm Guest T.B.D. Future Agendas: Philip Lawrence, MP, Northumberland-Peterborough South Hon. Erin O’Toole, MP, Durham Robert Schafer re: Tyrone Mills Ltd. Clarington Engineering and Region of Durham Works re: 2020 capital projects Brianna Ames of Fairlife (Coca-Cola) Clarington Engineering Services (Building Division) re: National Building Code changes for farm structures anticipated for 2020 (once the changes have been confirmed) Simon Gill, Durham Region Economic Development & Tourism re: an update on the Durham Region Agricultural Strategy and Durham Region Broadband Strategy Page 22 Page 23 Page 24 Staff 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: February 3, 2020 Report Number: PSD-003-20 Submitted By: Faye Langmaid, Acting Director of Planning Services Reviewed By: Andrew C. Allison, CAO By-law Number: File Number: PLN 7.17 Resolution#: Report Subject: Development Applications – 2019 Annual Report Recommendation: 1. That Report PSD-003-20 be received for information. Page 25 Municipality of Clarington Page 2 Report PSD-003-20 Report Overview In 2019, development application activity undertaken by the Planning Services Department, with assistance by other Departments, included the following:  7 new or updated secondary plans; 11 currently underway  2 subwatershed studies underway  4 new draft plans of subdivision applications received proposing 470 housing units  2 plans of subdivision were issued Draft Approval comprising 514 housing units  2 extensions to Draft Plan Approval comprising 342 housing units  4 Draft Approved Plans of Subdivision registered for 259 new housing units  3 Draft Plan of Condominium application received for 226 units  3 condominium applications Draft Approved for 242 units,  3 Draft Approved Plan of Condominium were registered for 157 units  9 part lot control approvals creating 295 new dwelling units  2 official plan amendment applications received , with 1 approved  11 zoning by-law amendment applications received, with 11 approved  37 site plan applications received for 694 units, 29 approved for 371 new units  43 pre-consultation meetings held  43 minor variance applications received; 41 approved; 1 withdrawn; 1 denied  19 reports to the Durham Land Division Committee  133 permanent sign permits issued; 114 temporary sign permits issued  40 applications received for in-house apartments; 27 registered Summary  657 new housing units approved  2,060 housing units in applications and/or draft approved  73,683 square metres of industrial and commercial space approved  92,894 square metres of industrial and commercial space in applications Page 26 Municipality of Clarington Page 3 Report PSD-003-20 1. Purpose 1.1 This report summarizes planning activity within the Municipality of Clarington for 2019. This report also compares 2019 activity with previous years’ activity to assist with identifying emerging issues and possible trends. 2. Policy Planning and Implementation 2.1 The Planning Services Department initiates and completes a wide variety of policy documents that include secondary plans, design guidelines, and other studie s. In 2019, there were eleven secondary plans underway. Secondary Plans detail policies, in conformity with the Official Plan, to guide growth and development in defined areas of the municipality where major changes are expected. Of those eleven, seven either started a new or an update to existing Secondary Plans process in 2019. Three of these seven are in Courtice, three in Bowmanville, and one in Newcastle. Also in 2019, two subwatershed studies were underway. Subwatershed studies provide detailed technical information regarding important watercourses from their headwaters to their terminus and drainage system to inform secondary plans and appropriate land use development occurs within those areas. 2.2 Work was underway in 2019 on two important design guidelines. The Residential Intensification Urban Design Guidelines are being drafted for use in reviewing proposed residential development within designated Intensification Areas in conformity with the vision in Provincial and Municipal policy. Existing Landscape Design Guidelines are 30 years old and are being updated to ensure the continued enhancement of the urban landscape. 2.3 The Municipality is participating in the Durham Region Official Plan Review. Staff continue to review and provide comments on various discussion papers and help to define the limits of the two major transit station areas. Staff also provide comments to the Province on initiatives like Provincially Significant Employment Zones. In 2019, Planning Services Staff have worked on addressing a number of appeals to Clarington’s Official Plan approved by the Region in 2017. Negotiations over the year have led to resolution of numerous appeals to Clarington’s Official Plan. There now remain only 2 appeals of the original 22 received. 2.4 In response to changes to the Planning Act introduced by Bill 108, Clarington’s Planning Services Department has been collaborating with the Finance Department to establish a new Development Charges By-law and the creation of a new Community Benefits Charge. Among other things, the community benefits charge will replace the cash-in-lieu provisions for Parkland Dedication. Page 27 Municipality of Clarington Page 4 Report PSD-003-20 2.5 In November of 2018, Planning Services Staff released the first draft of the regulations and mapping for the rural areas for the comprehensive Zoning By-law Review known as ZONE Clarington. This initial draft Zoning By-law was released for public input including four information centres in January and February of 2019 as well as presentations to a number of interest groups. By the end of 2019, there were over 800 people on the Interested Parties list and there were hundreds who called, emailed, or came to the front counter with enquires about the project but did not wish to be added to the IP list. 2.6 In December of 2019, Planning Services Staff released draft Official Plan policies and zoning resulting from the Neighbourhood Character Study for central parts of Bowmanville. Together with the consultant, Planning Services Staff hosted three walking tours and two open houses. The draft Zoning By-law and Official Plan amendments are proposed to be forwarded to Council for approval in early 2020. 2.7 The Planning Services Department oversees the four Community Improvement Grants that encourage rehabilitation and revitalization of public areas. Grants totalling approximately $78,800 were conditionally approved in 2019, of which approximately $22,500 were issued. Another program, the Heritage Incentive Grant, assists heritage- designated property owners with the costs of repairs and restorations. Interest in the program remained strong in 2019 with $28,650 of grant funding issued since the implementation of the program in 2013. In 2019 an additional three properties were designated as heritage and another ten heritage properties listed as non-designated. 2.8 The implementation of the Process Enhancement Project (PEP) continued in 2019. The review and approval of decks and accessory structures has been moved to the Building Division, who issue building permits, with the intent of streamlining the process and providing better customer service. Planning Services Staff carefully screen minor variance applications and have streamlined Recommendation Reports. Staff have also improved direction for a Committee of Adjustment notice. The process for minor Site Plan Applications on the Oak Ridges Moraine has been significantly streamlined to save residents time and money. Planning Services Staff have created a covering letter with a check list for Final Subdivision Approval. Applicants receive a draft term of reference for any required studies at the pre-consultation stage and information sheets are available. 2.9 Other significant projects in 2019 include obtaining a Ministerial Zoning Order to establish a new 224-bed long-term care facility in Bowmanville, continuing the implementation of the Orono Economic Development Strategy, renaming of King Streets in Bowmanville and Haydon, and continuing the partnership with Conservation Authorities for the Trees for Rural Roads Program. 2.10 For the past 4-5 years Clarington has had 3 of the top 10 infrastructure projects in Ontario underway: Phase 2 of the 407 (complete); the refurbishment of Ontario Power Generation (on target for 2022); and the ongoing construction of t he Port Granby Waste Management Facility (target for topping off in 2020). Page 28 Municipality of Clarington Page 5 Report PSD-003-20 2.11 Ontario Power Generation has also announced its Headquarters will be moving to Clarington. This will continue to create demand for new housing and provide other economic benefits. Planning Services Staff have draft approved subdivisions ready to accommodate growth. Numerous Secondary Plans are nearing completion they will facilitate the development of a diversity of housing forms and community amenities. 3. Plans of Subdivision 3.1 The Director of Planning Services is the delegated authority to approve plans of subdivision. However, staff prepare reports to Committee and Council on applications for proposed draft plans of subdivision both at the public meeting stage and when approval is recommended. 3.2 Most subdivision applications take a number of months if not years to reach draft approval. There are usually revisions to both the proposed plan and supporting documents before a proposed plan is recommended for draft approval. 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. 3.3 In 2019, four new subdivision applications were received proposing 470 units. New Subdivision Applications Received By Unit Type Urban Area Single-detached Semi-detached Townhouse Apartment 2019 2018 2017 2019 2018 2017 2019 2018 2017 2019 2018 2017 Courtice 20 172 29 0 0 0 115 142 111 0 0 0 Bowmanville 0 21 5 0 12 0 335 125 32 0 88 0 Newcastle 0 0 309 0 0 0 0 0 276 0 0 196 Orono, Hamlets / Rural Area 0 0 0 0 0 0 0 0 0 0 0 0 Total 20 193 343 0 12 0 450 267 419 0 88 196 3.4 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 the eleven Secondary Plans currently underway are completed, Bowmanville and Courtice will continue to see new applications for plans of subdivision in future years. Data concerning draft approved and extensions to draft approved subdivisions indicate Newcastle will also experience significant growth in the coming years. However, current servicing restrictions continue to limit growth north of the railway. 3.5 Just as in 2018, townhouse units continue to be the dominant form of housing being applied for in subdivision applications in 2019. This is consistent with Provincial Policy which encourages intensification as part of creating complete communities. It is expected townhouse units will continue to represent a larger percentage of units applied for in the coming years, although many of these will be on existing blocks and not necessarily Page 29 Municipality of Clarington Page 6 Report PSD-003-20 within plans of subdivision. This trend is influenced by a number of factors including Provincial Policy, the cost of housing, a shift in demographics leading to an increase in demand for smaller, and a more affordable form of housing. Draft Approved and Extensions to Draft Approved By Unit Type Single-detached Semi-detached Townhouse Apartment Urban Area 2019 2018 2017 2019 2018 2017 2019 2018 2017 2019 2018 2017 Courtice 0 0 17 0 0 0 0 0 0 0 0 0 Bowmanville 47 314 174 32 0 0 62 335 284 182 0 123 Newcastle 326 0 0 0 0 0 83 12 0 105 223 0 Orono, Hamlets /Rural Areas 19 0 0 0 0 0 0 0 0 0 0 0 Total 392 365 191 32 0 0 145 347 284 287 223 123 3.6 The Planning Act allows a Municipality to impose a date by which Final Approval of a Plan of Subdivision must be achieved. In accordance with the Planning Act, Clarington typically provides for a three year period to meet all conditions. Some have longer timeframes depending on the overall number of units and/or servicing constraints. When Final Approval is not achieved within the time frame provided, the owner can make an application for extension to the Draft Approval. This provides the Municipality and agencies the opportunity to review the proposal and conditions to ensure the proposal still meets current policy. 3.7 Four plans of subdivision were granted draft approval and two Draft Approved plans of subdivision were granted extensions to Draft Approval (meaning the applicant was granted more time to fulfil conditions of approval). In 2019, the number of Draft Approved plans remained consistent with 2018. Draft approval and extension to draft approval increased for single-detached dwellings and townhouses, largely due to activity in Newcastle. In 2019, an additional 514 units were draft approved and 342 units were granted extensions to draft approval. Once registered, this will provide an additional 837 new dwelling units. The draft approved plans provide diverse types of development, including single-detached lots of varying frontages, townhouses, and apartment units. 3.8 In 2019 there were four plans of subdivision registered in the Municipality, totaling 259 new residential units. The registered subdivisions were all for single-detached dwellings. It is expected that the number of units registered will remain strong in the coming years as the number of new and draft approved subdivision units remains high and appears able to address market demand in Clarington. Page 30 Municipality of Clarington Page 7 Report PSD-003-20 4. Part Lot Control 4.1 Exemption from Part Lot Control applications allow lots and/or blocks within a registered Plan of Subdivision where a previous planning application clearly indicated, through a public process, that the lots or blocks would be further divided. Typically, exemption from Part Lot Control is used where semi-detached or townhouses are to be split-up and individually sold. It is also used to create lots, known as parcels of tied land (POTL’s) in common element condominiums. 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. Applications are processed by Staff, with approval delegated to the Director of Planning Services. Nonetheless, an implementing By-law must be adopted by Council. 4.2 In 2019, a total of seven Part Lot Control applications were received, six of which were approved. An additional three applications from 2018 were also approved in 2019. These nine approvals created 255 townhouse lots and 40 semi-detached lots to provide 295 new dwelling units. Of these units, 261 were created in Bowmanville, with the remaining 34 in Courtice. 5. Plans of Condominium 5.1 A condominium is the form of housing tenure. Condominiums are most commonly used for townhouses and apartment buildings. Three applications for plans of condominium were received in 2019. If approved, these will result in 20 commercial units, 105 townhouses, and 101 apartment units. Two applications are for projects in Newcastle, and one in Bowmanville. 5.2 In 2019, four condominium applications received Draft Approval and three received Final Approval. One of the three receiving Final Approval was one of the four Draft Approved in 2019. This provides for 157 townhouses and 252 apartments. Of the total of 399 dwelling units, 223 are in Bowmanville, with the remaining 176 in Newcastle. Final Subdivision Approval By Unit Type Single-detached Semi-detached Townhouse Apartment Urban Area 2019 2018 2017 2019 2018 2017 2019 2018 2017 2019 2018 2017 Courtice 0 0 9 0 0 0 0 0 68 0 0 0 Bowmanville 240 370 531 0 102 4 0 42 324 0 42 123 Newcastle 0 0 0 0 0 0 0 0 0 0 Orono, Hamlets / Rural Area 19 28 24 0 0 0 0 0 0 0 0 0 Total 259 398 564 0 102 4 0 42 392 0 42 123 Page 31 Municipality of Clarington Page 8 Report PSD-003-20 Condominium Application Activity Urban Area Applications Received Draft Approval Issued Final Plan Approval 2019 2018 2017 2019 2018 2017 2019 2018 2017 Courtice 0 1 0 0 0 0 0 0 0 Bowmanville 1 7 1 1 2 0 2 1 0 Newcastle 2 2 0 3 0 0 1 0 0 Orono, Hamlets / Rural Areas 0 0 0 0 0 0 0 0 0 Total 3 10 1 4 2 0 3 1 0 5.3 While condominium applications decreased in 2019, draft and final approvals increased. It is expected that the Municipality will continue to receive applications as developers continue to propose higher density residential development which often take the form of condominium tenure. 6. Official Plan Amendments 6.1 Planning Services Staff review and process applications to amend the Clarington Official Plan. Clarington Official Plan Amendment Activity 2019 2018 2017 Applications Received 2 4 12 Applications Approved 1 4 5 6.2 In 2019, two applications were received, one of which has been approved. The approved application was to facilitate the severance of a surplus farm dwelling. The other is a Municipal-led application as part of implementing the findings of the Neighbourhood Character Study to add policies that address the transition between established neighbourhoods and the Liberty Street Corridor, and to address entrances to secondary residential units. 7. Zoning By-law Amendments 7.1 The majority of applications for rezoning accompanied proposed plans of subdivision or consent applications. Zoning By-law Amendment applications also include By-laws for the removal of a Holding provision, which is often used as a technique to ensure that municipal requirements are implemented through development agreements. Page 32 Municipality of Clarington Page 9 Report PSD-003-20 Zoning By-Law Amendment Activity Type of Zoning By-Law Amendment Applications Received Applications Approved Year Year 2019 2018 2017 2019 2018 2017 Removal of Holding 2 7 4 5 14 18 Rezoning 8 15 34 5 30 23 Total 10 22 38 10 43 41 7.2 There were fewer Zoning By-law Amendment applications in 2019 than in the previous two years. Similarly, there were fewer approvals than in previous years. While nearly all of the rezonings and removal of holdings concerned residential applications, one rezoning was approved to allow for the future headquarters of East Penn, a large battery distribution facility in the Clarington Energy Park. 8. Site Plans 8.1 The Clarington Site Plan Control By-law requires site plan approval for the majority of commercial, industrial, institutional, and multi-residential developments, as well as most development applications on the Oak Ridges Moraine. Site plan approval authority is delegated jointly to the Director of Planning Services and the Director of Engineering Services. 8.2 There were 19 non-residential site plans approved in 2019, which totalled 60,134 square metres of commercial and industrial floor space. In 2019, the Planning Services Department received 23 non-residential site plans applications, which represents 73,683 square metres of floor space. 8.3 Two of the six industrial applications received, and two of the five industrial applications approved were for cannabis production facilities, representing 66,000 square metres. This means that 36% of industrial site plan activity in 2019 concerned cannabis production. 8.4 As for residential site plan applications, the 14 received represented 694 units, while the five approved represented 153 new dwelling units. Page 33 Municipality of Clarington Page 10 Report PSD-003-20 Site Plan Application By Type Land Use Type Applications Received Applications Approved Year Year 2019 2018 2017 2019 2018 2017 Major Residential+ 9 6 9 3 7 3 Minor Residential++ 5 10 7 7 9 11 Commercial 11 8 12 6 6 7 Mixed Use 1 1 0 2 0 0 Industrial 6 12 9 5 6 4 Government/Institutional 1 3 3 1 2 0 Telecommunication Towers 1 2 7 2 1 3 Agricultural 3 1 2 3 0 1 Total 37 43 49 29 31 29 + Major Residential uses are Residential units consisting of more than three units ++ Minor Residential uses are Residential units consisting of three or less units 8.5 In addition to this non-residential floor space and residential units, two mixed-use site plan applications were approved in 2019. Both are in Courtice and will provide for an additional 216 residential units and 32,760 square metres of commercial floor space. 8.6 There was an increase in the number of site plan applications received for Major Residential and Commercial. The total number of approved site plan applications has remained constant over the last three years. 9. Pre-Consultation Meetings 9.1 The Municipality adopted By-law 2007-192, which requires a pre-application consultation meeting prior to the submission of most development applications. These “pre- consultation” meetings assist in ensuring the applicant is aware of all required steps, supporting documents, and application fees to help ensure applications are complete when submitted. This is intended to speed up the application process and ensure the applicant is fully aware of the process and its requirements. The details of pre- consultation meetings are confidential, the number of pre-consultation applications provides a general indication of future proposals. 9.2 In 2019, the number of pre-consultation meetings was similar to those held in 2018, but the meetings for major residential projects has declined over the last two years. The majority of the pre-consultations were for proposals in Courtice and Bowmanville, with an increase in proposals in Newcastle. For pre-consultations for minor residential applications, staff generally provide a detailed list of requirements for a complete application and the process requirements to further streamline the overall process. Page 34 Municipality of Clarington Page 11 Report PSD-003-20 Pre-Consultation Meetings By Type Land Use Year 2019 2018 2017 Major Residential+ 7 12 23 Minor Residential++ 9 0 4 Commercial 7 10 9 Mixed Use (Commercial and Residential) 1 2 3 Industrial 8 15 11 Government/Institutional 4 4 5 Agricultural 0 0 3 Recreational 0 1 0 Telecommunication Towers 7 0 2 Undisclosed 0 2 2 Total 43 46 62 + Major Residential uses are Residential units consisting of more than three units ++ Minor Residential uses are Residential units consisting of three or less units 9.3 Pre-consultations for mixed-use development have decreased slightly, but it is expected that mixed-use proposals will increase in the coming years. The number of major residential pre-consultation meetings will very likely increase when Secondary Plans for greenfield areas in Bowmanville, Courtice, and Newcastle are complete. 10. Minor Variances 10.1 The Committee of Adjustment is appointed by Council to make decisions on minor variances to the Municipality’s two Zoning By-laws. 10.2 The number of applications to the Committee of Adjustment was less than in previous years. Unlike previous years, there were no variance applications from builders to address issues with models that did not comply with zoning setback requirements or height provisions. Only one variance application came from a builder, which was to reduce the minimum unit size of four condo apartments. Seven applications were related to a land division application. Page 35 Municipality of Clarington Page 12 Report PSD-003-20 Minor Variance Applications Application Decision 2019 2018 2017 Total number of Applications Approved 41 70 81 Total number of Applications Denied 1 1 0 Total number of Applications Withdrawn 1 2 1 Total number of Applications Tabled/On Hold 4 2 0 Total number of Applications Received 43 75 82 Total number of Applications Appealed 0 0 0 10.3 The vast majority of minor variance applications were from individual residents looking for relief from a zoning regulation to construct structures like decks, sheds, or garages. There were also two applications from residents seeking relief from the Interim Control By-law that was put in place in parts of Bowmanville while the Neighbourhood Character Study was underway. 10.4 Staff carefully review minor variance proposals before accepting applications and payment. All four of the applications that were tabled (deferred) were from residents and approved at a later meeting. As for the single application that was denied, the applicant was a deck builder who chose to proceed even though he was advised before applying that staff would recommend denying the application. The decision to deny was not appealed. 11. Land Divisions 11.1 The Planning Services Staff provide coordinated comments for all Clarington departments to the Durham Region Land Division Committee on consent applications. 11.2 In 2019, there was a continued decrease in land division applications. Of the total nineteen applications, eighteen were approved and one was tabled (deferred) and will be Comments to Land Division Committee By Type Land Use Type Proposed New Lots Boundary Adjustments Easements Year Year Year 2019 2018 2017 2019 2018 2017 2019 2018 2017 Urban Residential 6 12 42 2 0 3 1 0 2 Rural Residential 3 5 0 0 3 0 0 2 0 Commercial 0 1 1 0 0 0 0 0 4 Mixed Use 1 0 0 1 0 0 0 0 0 Agricultural 0 0 0 3 1 0 0 0 0 Institutional 0 0 0 0 0 0 0 0 0 Industrial 2 1 0 0 0 1 0 0 0 Total 12 19 43 6 4 4 1 2 6 Page 36 Municipality of Clarington Page 13 Report PSD-003-20 heard in 2020. Of these applications, six were to create new urban residential lots, three to create rural residential lots, and one mixed use lot. 12. Apartment-in-House 12.1 The Planning Services Department coordinates apartment-in-house applications to help ensure they are located in the appropriate residential zones and there is sufficient parking. Registering in-house apartments also ensures the second dwelling unit is in the Emergency and Fire Services database and conforms to the Ontario Building Code. Apartment-In-House Activity By Geographic Area Urban Area Apartment-In-House Applications Received Apartment In-House Registered 2019 2018 2017 2019 2018 2017 Courtice 4 7 11 4 5 7 Bowmanville 34 28 33 21 17 17 Newcastle 1 1 2 1 0 1 Orono, Hamlets and Rural Areas 1 0 0 0 0 0 Total 40 36 46 27 22 25 12.2 Compared to 2018, there was a slight increase in the number of apartment-in-house applications received and registered in 2019. With the increasing cost of home ownership along with the rise in temporary employment and income inequality, the need for affordable rental units will increase in the future years. The apartment-in-house data does not account for individually owned apartments (“condos”), townhouses, semi-detached, or single-detached dwellings that are rented in their entirety. 13. Sign Permits 13.1 Sign permits, which are required for most signs within the Municipality, are divided into two categories: permanent and temporary. The table below shows sign permit activity for 2019 based on geographic area. A total of 247 sign permits were issued. 13.2 The numbers below show permanent sign activity increased significantly in 2019, however, a single application in Courtice for 24 permanent signs and another single application for 12 permanent signs in Bowmanville skews the overall totals. Temporary sign permit activity remained relatively stable. Page 37 Municipality of Clarington Page 14 Report PSD-003-20 Sign Permit Activity By Geographic Area Urban Area Number of Permit Applications Received and Issued Permanent Temporary 2019 2018 2017 2019 2018 2017 Courtice 34 4 8 39 40 41 Bowmanville 76 44 66 64 63 65 Newcastle 15 14 18 10 9 18 Orono, Hamlets and Rural Areas 8 9 9 1 3 7 Total 133 71 101 114 115 131 14. Concurrence Not Applicable. 15. Conclusion 15.1 Planning application activity in 2019 has declined when compared with the previous two years. This decline was predicted and expected given approval of the Official Plan, the number of Secondary Plan underway plus current market conditions. Previous years (2015-17) saw a surge of residential applications and approvals, many of which are still under construction. As those projects wrap up and secondary plans are completed, applications for new subdivisions, site plans for townhouses and apartments, and other intensification projects will continue to provide for Clarington’s growing population. 15.2 Data from recent years show that subdivision applications are no longer the sole indicator of residential growth. Developers are increasingly turning to townhouse blocks and apartment condominiums to provide higher-density residential neighbourhoods. While these forms of development may be part of a larger plan of subdivision, site plan applications and relief from Part Lot Control are increasingly important indicators of residential growth. 15.3 It should also be emphasized that subdivision applications as well as major residential site plan applications normally take at least a year for the applicant to fulfil all conditions of approval. Looking at townhouses in plans of subdivision in 2018 and 2019, applications include 717 units, while over the same time frame 492 were either draft approved or given extensions to draft approval, though only 145 reached final approval in 2019. This suggests there will be a significant number of townhouses approved in 2020 and into 2021. Page 38 Municipality of Clarington Page 15 Report PSD-003-20 15.4 Cannabis production facilities accounted for 36% of industrial site plan activity. This growing industry will remain an important employer in Clarington. During 2019, the Planning Services Department fielded an increase in enquiries about cannabis production on agricultural lands. The growing and harvesting of cannabis is interpreted as an agricultural crop and is permitted provided a federal license has been approved. Processing beyond drying, trimming and bulk packaging have been interpreted as not accessory or ancillary to a typical farm operation. 15.5 Detailed charts for each application type, identifying applications received and approved can be obtained by contacting the Planning Services Department. Staff Contact: Mark Jull, Planner I, 905-623-3379 extension 2426 or mjull@clarington.net. The following interested parties will be notified of Council's decision: Region of Durham Planning and Economic Development Page 39 Staff 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: February 3, 2020 Report Number: PSD-004-20 Submitted By: Faye Langmaid, Acting Director of Planning Services Reviewed By: Andrew C. Allison, CAO Resolution#: File Number: PLN 34.1.1.4 By-law Number: Report Subject: Proposed Heritage Designation for the Fletcher Tree (2 Church Street, Bowmanville) Recommendations: 1. That Report PSD-004-20 be received; 2. That the Clerk issue a Notice of Intention to Designate 2 Church Street, Bowmanville as a cultural heritage resource under Part IV of the Ontario Heritage Act pursuant to the provisions of the Ontario Heritage Act; 3. That depending on the response to the Notice of Intention to Designate, the Clerk either prepare the necessary by-law or report back to Council regarding objections received; and 4. That all interested parties listed in Report PSD-004-20 and any delegations be advised of Council’s decision. Page 40 Municipality of Clarington Page 2 Report PSD-004-20 1. Background 1.1. The purpose of this report is to initiate the heritage designation process for the copper beech tree, commonly referred to as the ‘Fletcher Tree’. The Fletcher Tree is located in the southern portion of the lands known as 2 Church Street, east of the intersection of Church Street and St. George Street in Bowmanville, as shown on the location map (Attachment 1). 1.2. The Ontario Heritage Act (OHA) enables Council to protect cultural heritage resources by (i) listing property on the Municipal Register, (ii) designating an individual property under Part IV, or (iii) designating a heritage conservation district under Part V. Protecting heritage value under the OHA enables the Municipality to manage change to heritage resources and conserve identified heritage attributes. 1.3. The conservation of cultural heritage resources is directed by the Planning Act; the Provincial Policy Statement, 2014; the Growth Plan, 2019; and the Durham Region and Clarington Official Plans. 1.4. The Clarington Heritage Committee evaluated the Fletcher Tree and made a recommendation to designate the subject property under Part IV of the OHA at its November 2019 meeting. Council may designate a property under Part IV if it considers the property to meet at least one of the criteria establishing heritage value or interest in accordance with Ontario Regulation 9/06: Criteria for Determining Cultural Heritage Value or Interest of the OHA. The criteria is based upon three overarching values related to physical/design, associative/historical and contextual elements. The Fletcher Tree has been evaluated as having heritage significance that merits designation, as summarized in Section 2 below. Report Overview The Municipality is responsible for the identification and conservation of cultural heritage resources. The Fletcher Tree located at 2 Church Street is a significant copper beech tree that has been determined to meet the criteria for heritage designation under provincial Regulation 9/06 of the Ontario Heritage Act. An arborist’s assessment concluded the Fletcher Tree is in good overall health and could be expected to have a similar presence for another 50 to 100 years with proper care and protective measures. The Clarington Heritage Committee recommends Council proceed with the designation of the subject property under section 29 of the Ontario Heritage Act to ensure the Fletcher Tree is appropriately protected and is recognized as part of Clarington’s heritage. Page 41 Municipality of Clarington Page 3 Report PSD-004-20 2. Discussion Fletcher Tree Summary of Significance 2.1. The OHA Regulation 9/06, the Heritage Committee’s evaluation, and the Planning Services’ arborist’s assessment served as the framework and basis for the recommendation for designation of the Fletcher Tree. 2.2. The Fletcher Tree is a cultivated variety of the European beech tree, commonly known as a copper beech. The Fletcher Tree has a grand presence as it stands 30 metres tall with a canopy spread almost as wide. It is estimated, the Fletcher Tree has stood for over 200 years. It continues to be in good overall health and is reasonably expected to have a similar presence for the next 50 to 100 years, provided adequate protection and consideration to maintain its health, proper care and protective measures. Figure 1: Photographs of Fletcher Tree, Planning Services, 2019 2.3. The Fletcher Tree acquired its moniker because this grand copper beech tree was planted by Squire Alexander Fletcher in the front yard of his Bowmanville home. The home itself is cited as one of the first brick homes in the area and was completed in approximately 1812 with bricks that were fabricated on site. Squire Fletcher planted two trees in the front yard of the home, one of which is the Fletcher Tree. The two trees planted were “his and hers” trees and thought to signify love and commitment. 2.4. Squire Fletcher was among the earliest and most influential European settlers in the area now known as Bowmanville. Subsequent to his arrival in approximately 1800, he acquired large tracts of lands from Division Street to Mearns on both sides of King Street. Squire Fletcher served as local magistrate for many years, was involved in the Page 42 Municipality of Clarington Page 4 Report PSD-004-20 War of 1812, and was an officer in the Durham militia. Later, Squire Fletcher became one of the first shareholders in the Port Darlington Harbour Company. 2.5. The Fletcher Tree is among the only remaining physical elements of Squire Alexander Fletcher’s significant contribution to the establishment of the area . The brick house was demolished in the 1970s and the second tree no longer exists Key Heritage Attributes 2.6. For purposes of protection under section 29 of the OHA, the heritage resource to be protected on this property is the copper beech tree (Fletcher Tree), including its root zone. 2.7. The Fletcher Tree is a notable specimen, the character defining attributes of which include:  The ‘Purpurea’ cultivar of its age (over 200 years), specifically selected through cultivation, the leaves of which emerge a deep purple, and gradually turn greener over the course of the growing season;  The general size and shape of the tree; and  The location of the tree on the property formerly inhabited by Squire Fletcher and his family in the centre of Bowmanville, and its physical and visual relationship to its surroundings. The Statement of Cultural Heritage Value is included as Attachment 2 to this report. 3. Protecting Cultural Heritage Resources Applicable Legislation 3.1. The conservation of significant architectural, historical and archaeological resources is a matter of provincial interest identified in the Provincial Policy Statement, 2014 (PPS), and is reinforced by the Growth Plan, 2019 and the OHA itself. 3.2. Section 2 of the PPS directs that significant cultural resources, including natural elements and cultural heritage landscapes, shall be conserved. The Province is currently undertaking a review of the PPS. The proposed changes relating to cultural heritage generally consist of clarification and alignment with the amendments to the OHA recently introduced through Bill 108, and do not appear to affect the designation of the Fletcher Tree as a significant heritage resource. The amendments to the OHA introduced by Bill 108 are anticipated to come into force in July 2020. Page 43 Municipality of Clarington Page 5 Report PSD-004-20 3.3. Section 4 of the Growth Plan, 2019 identifies cultural heritage resources as valuable assets that must be conserved in order to foster a sense of place, and benefit communities. It is necessary to plan for growth in a manner that protects cultural heritage resources and maximizes their benefits to make our communities unique and attractive places to live. Ontario Heritage Act 3.4. The OHA empowers municipalities to pass a by-law to designate a property that is of cultural heritage significance. The Clarington Heritage Committee has made a recommendation to designate the Fletcher Tree and its root zone. 3.5. The OHA outlines the process for designation. Should Council concur with the Heritage Committee’s recommendation for designation, a Notice of Intention to Designate will be published in the local newspaper. A summary description of the heritage designation process is attached to this report as Attachment 3. 3.6. Once a property is designated under Part IV of the OHA, property owners are required to obtain consent for proposed alterations to the identified heritage attributes or changes to adjacent property that may impact the identified heritage resource. Impacts of any proposed development will be addressed as part of applicable planning approvals once a development application is received. For example, tree protection measures would be required as a condition of site plan approval. Region of Durham Official Plan 3.7. Section 2 of the Region of Durham Official Plan sets out goals for the preservation of historic and cultural heritage. The Region’s Official Plan encourages Councils of the area municipalities to use the OHA to conserve, protect, and enhance the built and cultural heritage resources. Clarington Official Plan 3.8. Section 8 of the Clarington Official Plan, 2018 directs the designation of cultural heritage resources under Part IV of the OHA, with assistance from the Heritage Committee, and the incorporation of such resources into community design and development in support of achieving the Municipality’s cultural heritage objectives. 3.9. The subject lands are within the Bowmanville East Urban Centre Secondary Plan area and are currently designated for Medium Density Residential development. The designation of the Fletcher Tree will help to ensure this cultural heritage resource is properly protected and considered as part the future development of the lands. Page 44 Municipality of Clarington Page 6 Report PSD-004-20 Heritage Trees 3.10. The Fletcher Tree is the first tree in Clarington to be considered for designation under Part IV of the OHA in and of itself. However, other grand trees have been identified as part of individual designations in connection with a building and recognized as part of the Beech Avenue Bowmanville Heritage Conservation District under Part V of the OHA as natural elements of a cultural heritage landscape. 3.11. The protection of trees as valuable components of neighbourhood character was a recurring theme throughout the recent Neighbourhood Character Study. The Study’s Final Report included recommendations to (i) complete a street tree inventory for the study area, and (ii) consider a pilot project for a tree protection by-law for individual trees on public and private land. The Fletcher Tree is not within the Neighbourhood Character Study area, however the recommendations demonstrate the valued contribution of trees to a neighbourhood’s character. 3.12. The Municipal Act enables municipalities to pass by-laws that may prohibit or regulate the destruction or injuring of trees, which can include provisions specific to heritage trees, where defined. The Municipality of Clarington does not currently regulate or protect individual trees on public or private property under its existing tree by-law. Clarington’s Tree By-law 97-35 applies to the protection of woodlots with an area of 0.2 ha or greater south of Taunton Road. Similarly, Durham Region’s Tree By-law applies to woodlots with an area in excess of 1.0 ha. 3.13. Other municipalities have designated individual trees under the OHA. The Comfort Maple in Pelham was the first such tree designated in June 2000. Other municipalities such as Hamilton, Oakville, Niagara Falls, Caledon, Halton Hills, and Newmarket, among others have since then used the same provision to protect significant trees. 3.14. While there are other tools available to municipalities to protect and commemorate trees as noted above, the proposed designation of the property under Part IV of the OHA is appropriate in light of the identified historical and associative significance of the Fletcher Tree and given the absence of an applicable tree protection by-law. 4. Public Notice 4.1. Notification is required under the OHA before Council passes a by-law to designate a property. Staff has notified the property owners of the intent to designate the Fletcher Tree property. 4.2. Correspondence with the property owners’ representatives to date has related to the impact of the designation on the future development of the property, and specifically the extent of the radius around the Fletcher Tree that would be subject to protective measures. Should Council proceed with the Notice of Intent to designate the property, Page 45 Municipality of Clarington Page 7 Report PSD-004-20 Planning Services staff would work with the property owners in the context of the appropriate planning processes to establish detailed tree protection measures. 5. Concurrence Not Applicable. 6. Conclusion 6.1. The Fletcher Tree has been evaluated and determined to have cultural heritage value. The Clarington Heritage Committee recommends the designation of the Fletcher Tree located at 2 Church Street as an individual designation under Part IV of the OHA. Should no objections be received by the Municipal Clerk within 30 days of publishing the Notice of Intention to designate, the proposed by-law designating the property (Attachment 4) will be forwarded to Council for approval. Alternatively, if an objection(s) is received the Clerk will provide a report to Council. 6.2. Upon designation a bronze plaque signifying the significance of the Fletcher Tree to the community could be designed. Planning Services staff will work with the Heritage Committee and property owners to determine how to best recognize the Fletcher Tree and explore appropriate protection measures. 6.3. It is respectfully recommended that Council authorizes the Clerk to proceed with the Notice of Intent to designate the Fletcher Tree. Staff Contact: Sarah Allin, Planner II, 905-623-3379 x 2419 or sallin@clarington.net. Attachments: Attachment 1 – Location Map; 2 Church Street Attachment 2 – 2 Church Street; Statement of Cultural Value and Heritage Attributes Attachment 3 – Heritage Designation Process Attachment 4 – Proposed Draft By-law for 2 Church Street Interested Parties: List of Interested Parties available from Department. Page 46 Page 47 January 2020 Attachment 2 to Municipality of Clarington Report PSD-004-20 1 Fletcher Tree Statement of Significance and list of Character defining Features Description of Property The lands upon which the Fletcher Tree grow are located at 2 Church Street, east of the intersection of Church Street and St. George Street in Bowmanville. The lands are currently vacant of buildings, but were occupied once by a two-storey brick house, circa 1812, which provided backdrop for this grand Fletcher Tree. Statement of Cultural Heritage Value or Interest Age: 200+ years Height: 30 metres Circumference: 180 centimeters The Fletcher Tree holds significant historical and contextual value to Bowmanville. This magnificent Tree was planted by Squire Alexander Fletcher in the front yard of his third Bowmanville home, which is cited as one of the first brick homes in the area, and was completed in approximately 1812 with bricks made on site. At that time, Squire Fletcher planted two trees, one of which is the Fletcher Tree. The trees were planted as “his and hers” trees, thought to signify love and commitment. Squire Fletcher was one of the earliest and most influential European settlers in the establishment of the area now known as Bowmanville. Subsequent to his arrival in Darlington, Squire Fletcher acquired a large tract of land stretching from Division Street to Mearns Avenue on both sides of King Street, among his extensive land holdings. Squire Alexander Fletcher served many years as a local magistrate, was involved in the War of 1812 providing storage for canons and munition at his numerous properties between Bowmanville and Kingston, and was an officer in the Durham militia. Later, Squire Fletcher became one of the first shareholders in the Port Darlington Harbour Company. The copper beech, known as the Fletcher Tree, may be the only remaining physical element of Squire Fletcher’s significant contribution to the establishment of the area, as Page 48 January 2020 Attachment 2 to Municipality of Clarington Report PSD-004-20 2 the 1812 brick house was demolished in the 1970s, and the second tree no longer exists. It is noted the former house later belonged to Robert Loscombe, a prominent Bowmanville lawyer and twice Mayor of Bowmanville, at which point the house was known as the Loscombe House. The Fletcher Tree itself is a cultivated variety (cultivar) of the European Beech tree. It is commonly known as purple or copper beech, and scientifically as Fagus sylvatica ‘Purpurea’. The age of the Fletcher Tree combined with its cultivar make it unique in Bowmanville. The Fletcher Tree has a grand presence as it stands 30 metres (approximately 100 feet) tall with a canopy spread that is almost as wide. Its leaves are oval-shaped and glossy with wavy edges that emerge a deep purple, and gradually turn greener towards the end of the growing season. The Fletcher Tree has stood in this spot for over 200 years, despite the ongoing changes and development around it, and continues to be in good health overall. It is a grand tree representative of the early settlement of the area that would later become Bowmanville. Description of Heritage Attributes Key heritage attributes that exemplify the heritage value of the Fletcher Tree include: Age: 200+ years Height: 30 metres Circumference: 180 centimetres (DBH) Other character defining elements include: The ‘Purpurea’ cultivar of its age, specifically selected through cultivation, the leaves of which emerge a deep purple, and gradually turn greener over the course of the growing season; The general size and shape of the tree, including its root system; and The location of the tree on the property formerly occupied by the Fletcher family in the centre of Bowmanville, and its physical and visual relationship to its surroundings. Page 49 1. Designation by Municipal Bylaw (Section 29 of the Ontario Heritage Act) Property listed on municipal and provincial registers Property listed on Canadian Register Notice of Designation: 1. Served on property owner 2. Served on OHT 3. Published in newspaper Notice of Withdrawal of Intention to Designate: 1. Served on property owner 2. Served on OHT 3. Published in newspaper Designating bylaw passed & registered on title Property not designated Property not designated Designation proposed Council consults with MHC Objections within 30 days? Notice of Intention to Designate: 1. Served on property owner 2. Served on OHT 3.Published in newspaper Objection referred to CRB for hearing Notice of Hearing published in newspaper CRB hearing and report Council considers CRB Report YES YES NO NO YES NO Council Decision: Designate property? Council Decision: Proceed with designation? Designating Heritage Properties • Appendix: Flowcharts 34 Page 50 Attachment 4 to Municipality of Clarington Report PSD-004-20 The Corporation of the Municipality Of Clarington By-Law No. 2020 –XXX Being a by-law to designate the property known for municipal purposes as 2 Church Street, Bowmanville, Municipality of Clarington as a property of historic or architectural value or interest under the Ontario Heritage Act, R. S. O. 1990, Chapter 0.18; Whereas the Ontario Heritage Act, R. S. O., 1990, c.O. 18 authorizes the Council of the Municipality to enact by- laws to designate properties to be of historic or architectural value or interest for the purposes of the Act; and Whereas the Council of the Corporation of the Municipality of Clarington has caused to be served upon the owner of the property known for municipal purposes at 2 Church Street, Bowmanville and upon the Ontario Heritage Foundation, Notice of Intention to Designate the aforesaid real property and has caused such Notice of Intention to be published in the Clarington This Week, a newspaper having general circulation in the area of the designation on_________ ; and Whereas the reasons for the designation of the aforesaid property under the Ontario Heritage Act are contained in Schedule "A" attached to and forming part of this by-law; and Whereas the Clarington Heritage Committee has recommended that the property known for municipal purposes as 2 Church Street, Bowmanville, be designated as a property of historic or architectural value or interest under the Ontario Heritage Act; and Whereas no notice of objection to the proposed designation was served upon the Municipal Clerk within the period prescribed by the Ontario Heritage Act; Now Therefore the Council of the Corporation of The Municipality of Clarington hereby enacts as follows: 1. The property known for municipal purposes at 2 Church Street, Bowmanville which is more particularly described in Schedule "B" which is attached to and forms part of this by- law, is hereby designated as a property which has historic or architectural value or interest under Section 29 of the Ontario Heritage Act, R. S. O. 1990, c., O. 18. 2. The Solicitor for the Municipality of Clarington is hereby authorized to cause a copy of this by-law to be registered against the title to the property described in Schedule "B" hereto. 3. The Municipal Clerk is hereby authorized to cause a copy of this by-law to be served upon the owner of the property described in Schedule "B" hereto and on the Ontario Heritage Foundation. The Municipal Clerk also is authorized to cause notice of the passing of this by-law to be published in the Clarington This Week, a newspaper having general circulation in the area of the designation. Page 51 By-law passed in open session this ____ day of _____, 2020 _____________________________ C. Anne Greentree, Municipal Clerk ___________________________ Adrian Foster, Mayor Page 52 Schedule 'A' To By-law 2020- XXX Statement of Significance and list of character defining features. Description of Property The lands upon which the Fletcher Tree grow are located at 2 Church Street, east of the intersection of Church Street and St. George Street in Bowmanville. The lands are currently vacant of buildings, but were occupied once by a two -storey brick house, circa 1812, which provided backdrop for this grand Fletcher Tree. Statement of Cultural Heritage Value or Interest Age: 200+ years Height: 30 metres Circumference: 180 centimeters The Fletcher Tree holds significant historical and contextual value to Bowmanville. This magnificent Tree was planted by Squire Alexander Fletcher in the front yard of his third Bowmanville home, which is cited as one of the first brick homes in the area, and was completed in approximately 1812 with bricks made on site. At that time, Squire Fletcher planted two trees, one of which is the Fletcher Tree. The trees were planted as “his and hers” trees, thought to signify love and commitment. Squire Fletcher was one of the earliest and most influential European settlers in the establishment of the area now known as Bowmanville. Subsequent to his arrival in Darlington, Squire Fletcher acquired a large tract of land stretching from Division Street to Mearns Avenue on both sides of King Street, among his extensive land holdings. Squire Alexander Fletcher served many years as a local magistrate, was involved in the War of 1812 providing storage for canons and munition at his numerous properties between Bowmanville and Kingston, and was an officer in the Durham militia. Later, Squire Fletcher became one of the first shareholders in the Port Darlington Harbour Company. The copper beech, known as the Fletcher Tree, may be the only remaining physical element of Squire Fletcher’s significant contribution to the establishment of the area, as Page 53 the 1812 brick house was demolished in the 1970s, and the second tree no longer exists. It is noted the former house later belonged to Robert Loscombe, a prominent Bowmanville lawyer and twice Mayor of Bowmanville, at which point the house was known as the Loscombe House. The Fletcher Tree itself is a cultivated variety (cultivar) of the European Beech tree. It is commonly known as purple or copper beech, and scientifically as Fagus sylvatica ‘Purpurea’. The age of the Fletcher Tree combined with its cultivar make it unique in Bowmanville. The Fletcher Tree has a grand presence as it stands 30 metres (approximately 100 feet) tall with a canopy spread that is almost as wide. Its leave s are oval-shaped and glossy with wavy edges that emerge a deep purple, and gradually turn greener towards the end of the growing season. The Fletcher Tree has stood in this spot for over 200 years, despite the ongoing changes and development around it, and continues to be in good health overall. It is a grand tree representative of the early settlement of the area that would later become Bowmanville. Description of Heritage Attributes Key heritage attributes that exemplify the heritage value of the Fle tcher Tree include: Age: 200+ years Height: 30 metres Circumference: 180 centimetres (DBH) Other character defining elements include:  The ‘Purpurea’ cultivar of its age, specifically selected through cultivation, the leaves of which emerge a deep purple, and gradually turn greener over the course of the growing season;  The general size and shape of the tree, including its root system; and  The location of the tree on the property formerly occupied by the Fletcher family in the centre of Bowmanville, and its physical and visual relationship to its surroundings. Page 54 Schedule 'B' To By-law 2020- XXX Legal Description: Blocks A, B, C, D, E, G, H, I and Bowtown Court (As closed by Judges Order Registered as N70097); Plan 701 and Part Block 3, on the North Side of King St., C.G. Hanning’s Plan being a Subdivision of Lot 10 Concession 1, Township of Darlington; Parts 1, 2, 3 and 4 PLAN 10R659 Except Pts 2, 3 and 4 PLAN 10R3694, Parts 1 and 2 PLAN 40R23724 and Part 2 PLAN 40R23979; Subject to an Easement AS IN BO11379; Subject to an Easement in Gross over Part 3 PLAN 40R23724 AS IN DR455654; Municipality of Clarington Regional Municipality of Durham PIN 26629-0945 (LT) Page 55 Staff 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: February 3, 2020 Report Number: LGL-002-20 Submitted By: Rob Maciver, Municipal Solicitor Reviewed By: Andrew C. Allison, CAO By-law Number: File Number: L3040-36 Resolution#: Report Subject: Status of LPAT Appeals of OPA 107 Recommendation: 1. That Report LGL-002-20 be received for information. Page 56 Municipality of Clarington Page 2 Report LGL-002-20 1. Background 1.1 The last written update on the status of the OPA 107 appeals was Report LGL-015-19 that was presented to Council on November 12, 2019. At that time, it was reported to Council that the second phase of the hearing would commence on January 13, 2020. 2. Status Update 2.1 Of the ten days scheduled for the second phase of the hearing, only two days were required. 2.2 On the first day, several matters were settled in accordance with the direction of Council. In addition, two of the Tooley Road subdivision appellants withdrew their appeals following extensive discussions between those appellants and Municipal staff. 2.3 As a result, there remain three outstanding appeals of the original 22 appeals that were submitted. 2.4 A list of the remaining appeals is included as Attachment 1 of this report. 2.5 On the second day of the hearing, the Tribunal was asked for a preliminary ruling about the applicability of certain policies to lands adjacent to the Orono urban settlement boundary that would permit a 10-hectare enlargement of the Orono urban area. The Ministry of Municipal Affairs and Housing takes the position that it is opposed to any expansion of the Orono urban boundary. The Tribunal has not yet provided its decision on this issue. If the Tribunal rules in favour of the Municipality, it may pave the way for a partial approval of the Orono boundary expansion that was included in the Council- adopted version of OPA 107. 2.6 The other two remaining appeals have been adjourned to allow the proponent s to complete additional work and possibly to modify their applications. 2.7 I will provide with timely updates of any change in the status of the remaining appeals. Report Overview  The second phase of the OPA 107 hearing is now complete.  Of the original 22 appeals, only three are remaining. Page 57 Municipality of Clarington Page 3 Report LGL-002-20 3. Concurrence This report has been reviewed by the Acting Director of Planning Services who concurs with the recommendation. Staff Contact: Robert Maciver, Municipal Solicitor, 905-623-3379 ext. 2013 or rmaciver@clarington.net. Attachments: Attachment 1 – OPA 107 – List of Remaining Appeals Interested Parties: There are no interested parties to be notified of Council's decision. Page 58 Attachment 1 to Report LGL-002-20 OPA 107 - LIST OF REMAINING APPEALS 1. Minister of Municipal Affairs and Housing 2. Michael Zygocki Limited and Boothia Developments Limited 3. 2408406 Ontario Inc., 2408426 Ontario Inc., and 2408428 Ontario Inc. Page 59 Staff 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: February 3, 2020 Report Number: PSD-005-20 Submitted By: Faye Langmaid, Acting Director of Planning Services Reviewed By: Andrew C. Allison, CAO Resolution#: File Number: PLN 8.6.7 By-law Number: Report Subject: Addendum to Report PSD-039-19 Exemption Request for 10 Victoria Street for Interim Control By-law Recommendations: 1. That Report PSD-005-20 be received; 2. That the request for an exemption to Interim Control By-law 2018-083 for 10 Victoria Street be approved; 3. That the By-law contained in Attachment 1 be approved; and 4. That all interested parties listed in Report PSD-039-19 and any delegations be advised of Council’s decision Page 60 Municipality of Clarington Page 2 Report PSD-005-20 1. Background 1.1 On September 9, 2019, Committee considered PSD-039-19 which recommended denial of a request by Ken Hoy for an exemption to Interim Control By-law 2018-083 for 10 Victoria Street. The report was tabled to September 25, October 21, November 11 and December 2 and finally tabled until the applicant an d staff had come to a resolution. 1.2 On August 8, 2019, Ken Hoy of Stonefield Homes contacted staff and verbally requested an exemption to Interim Control By-law 2018-083 to construct a semi-detached dwelling at 10 Victoria Street (see Figure 1). Figure 1 –10 Victoria Street 1.3 The semi-detached building originally proposed two dwellings with a common wall separating a double car garage for each unit. The garages were designed to protrude in Report Overview Ken Hoy has requested an exemption to Interim Control By-law 2018-083. He proposes a semi-detached dwelling at 10 Victoria Street. Page 61 Municipality of Clarington Page 3 Report PSD-005-20 front of the house and front porch (see figure 2). As a result of the Interim Control By-law Mr. Hoy was advised to submit a character analysis in support of his proposed semi - detached dwelling. On October 4th Mr. Hoy submitted his character analysis, however it did not follow the required criteria. Figure 2 – Original Proposed Front Elevation for 10 Victoria Street 2. Character Analysis 2.1 Following Mr. Hoy’s submission, staff undertook a Character Analysis for 10 Victoria Street. The Character Analysis determined that the subject property is in a neighbourhood with predominantly one-storey, single-detached dwellings with either a single-car detached garage in the rear or no existing garage. A small proportion of the dwellings in the assessment area of the subject property have attached garages with a single-car garage door, typically setback from the front wall of the dwelling. The assessment area consists of dwellings with dominant characteristics including brick and siding materials, a front facing porch, stoop or landing with one main door facing the street, and low-pitched gable or hip roof styles. Neighbouring properties in the character assessment area have maintained a landscaped front yard with shrubs and trees that are mature. Lots in this area also have frontages that are typically wider than 15 metres. 2.2 The analysis determined that the proposed semi-detached building did not meet some of the predominant characteristics of the surrounding neighbourhood. As a result, staff consulted, through meetings and emails with Mr. Hoy suggesting modifications to the proposal to more suitably address the neighbourhood context. 2.3 The proposed one-storey semi-detached building is more consistent with the low-rise character of the assessment area. The proposal generally complements the neighbourhood and lot features described above. The proposed semi-detached building Page 62 Municipality of Clarington Page 4 Report PSD-005-20 is designed to share a common wall between the garages. Following the assessment, and through discussion with Mr. Hoy it has been agreed to revise the building elevation to provide a single car garage door for each dwelling. The garage door remains flush with the front wall of the dwelling but recessed from the front porch (Figure 3). 3. Discussion 3.1 The Interim Control By-law provided exemptions for properties where a development application or building permit application was in progress. Where the regulations in the Interim Control By-law were not met, a Character Assessment was required to be submitted to Staff for an exemption 3.2 The subject property is 1,012.51 square metres in lot area and has a total lot frontage of 25.14 metres. The proposal for a semi-detached dwelling will require a land severance, resulting with a 12.57 metre frontage per lot. The proposal conforms to the “R1” zone regulations in By-law 84-63 and those contained in section 2.f of the Interim Control By- law for the interior side yard setback, building height and roof pitch. The revised design now has a single car garage door. Figure 3 – Revised Proposed semi-detached dwelling for 10 Victoria Street 3.3 The semi-detached dwelling proposes a lot coverage of 43 percent which exceeds the maximum 35 percent contained in the Interim Control By-law. The request for exemption to the Interim Control By-law requires approval for the increased lot coverage. 3.4 The Neighbourhood Character Study was completed in December 2019 and an amendment to Zoning By-law 84-63 and the Clarington Official Plan (COPA 2019-0002 and ZBA 2019-0019) are proposed to implement the recommendations of the Study. The intent of the Neighbourhood Character Study is to improve the existing zoning regulations to better reflect the existing character of the neighbourhood and permit future development that is more compatible with the character that exists in mature and established neighbourhoods. Page 63 Municipality of Clarington Page 5 Report PSD-005-20 3.5 The additional 8 % in lot coverage is an increase from the 35% maximum permitted in the Interim Control By-law or proposed in the draft zoning for the character study. However, the proposed 43% lot coverage complies with the 45% maximum permitted in the “R1” zone regulations of Zoning By-law 84-63. The proposal provides an adequate amount of rear yard space, interior side yard and front yard; and provides the required minimum amount of landscaped open space for the property. The proposal complies with all other regulations in the Interim Control By-law and complies with the regulations in the “R1” zone of Zoning By-law 84-63. The applicant has worked with staff to revise the elevations of the building to better conform to other characteristics of the surrounding neighbourhood. The proposal for a one-storey semi-detached dwelling on 10 Victoria Street satisfies the objectives for redevelopment in existing neighbourhoods 4. Concurrence Not applicable 5. Conclusion 5.1 In consideration of the comments contained within this report, it is recommended that the requested exemption to Interim Control By-law 2018-083 for 10 Victoria Street be approved. Staff Contact: Aibelle Babista, Planner, 905-623-3379 ext. 2411 or ababista@clarington.net . Attachments: Attachment 1 – By-law to amend Interim Control By-law Interested Parties: The following interested parties will be notified of Council's decision: Ken Hoy Page 64 Attachment 1 to Addendum Report to PSD-039-19 1 The Corporation of the Municipality of Clarington By-law Number 20 - Being a By-law to amend Interim Control By-law 2018-083, Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 2018-083; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 2. e. is revised by adding the following: “iv) 10 Victoria Street” 2. Section 2 is amended by adding a new h. as follows: “a new semi-detached dwelling located at 10 Victoria Street with a maximum lot coverage of 43%.” This By-law shall come into effect on the date of its passage. By-Law passed in open session this day of , 20 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk Page 65 Presentations and Handouts 02-04-2020 PDC Agricultural Advisory Committee of Clarington 2019 Accomplishments 2019 Members: Brenda Metcalf (Chair) Eric Bowman (Vice- Chair) Tom Barrie John Cartwright Les Caswell Ben Eastman Jennifer Knox Richard Rekker Don Rickard Ted Watson Henry Zekveld Councillor Zwart Faye Langmaid (Staff Liaison) Amy Burke (Staff Liaison) Presentations Region of Durham - Local Food and Business Retention & Expansion Project: Lisa Mackenzie and Nancy Rutherford provided an overview of the project. There are some interesting findings on consumer behavior: the consumer is educating the producer on what they want and what should be grown. The market intelligence coming out of the study provides some emerging trends. There is a need for a commercial kitchen in Durham. Next Steps include analysis of the information, an action plan and implementation plan. The results will feed into the Durham Agricultural Strategy Update. Region of Durham – Agricultural Climate Change Adaptation Strategy: Kristy Kilbourne and Doran Hoge provided an overview of the progress the task force has made over the past year and the recommendations they are taking back to the Durham Region Roundtable on Climate Change. Doran and Kristy emphasized that buy-in from the agriculture community means attending sessions, assisting with education and communication. Region of Durham – Durham Agricultural Strategy Update: Bronwynne Wilton spoke about the review of the Durham Agricultural Strategy. The project involves a review of the current 2013 – 2018 Strategy, and the identification of new targets and new initiatives for the next 5 years. There has already been some preliminary consultation and will be more. The AACC participated in a workbook exercise to provide feedback on the vision and objectives outlined in the current Strategy and how they could be updated and improved. Clarington Planning Services Department - ZONE Clarington: Amy Burke, Tracey Webster and Carlo Pellarin provided a presentation on how the Environmental Protection land use was created in the Official Plan and the data and policies it is based on. The zoning by-law is the implementation of the Official Plan and the Environmental Protection designation is now being carried through into the zoning. The presentation reviewed how the proposed environmental protection zoning in the draft zoning by-law released in November 2018 potentially affects existing agricultural uses. Region of Durham – Envision Durham: Kristy Kilbourne provided an introduction to Envision Durham, the municipal comprehensive review of the Region of Durham Official Plan. Key trends and influencing factors being examined include the modernization and diversification of farming, rural business growth, loss of rural land, rural/urban compatibility issues, urban agriculture, climate change and renewable energy. Agricultural-education was identified by the AACC as a gap in the discussion paper and in existing Regional policy. The Committee raised concern with the reporting approach for the loss of agricultural land (1% since 2003). The AACC also had concerns about the loss of rural land from the 407 and links being factored into that total loss of rural land. Kristy Kilbourne informed the AACC that a land-needs assessment has been initiated as part of the MCR and will be reported on once completed. Clarington Engineering Services Department – Traffic Calming: Ron Albright reviewed with the AACC the bollards installed in Enniskillen, including a manufacturer’s video and testing undertaken by the Department with their vehicles and firetrucks. The videos demonstrated how vehicles can drive over the pylons without incident at high speeds. The available options and rationale for selecting the bollards was discussed. The AACC proposed additional testing using farm equipment. The agricultural community is concerned about that potential risk of damage to farm equipment, especially machinery with hydraulic hoses, spray heads and tines. Clarington Planning Services Department – ZONE Clarington and Minimum Distance Separation: Amy Burke, Tracey Webster and Carlo Pellarin presented on the MDS options available to the Municipality for implementation within the zoning by-law review. The MDS formulae and guidelines are in place to reduce conflict between farming and other land uses. The five “implementation guidelines” that provide options to municipalities were reviewed. The AACC participated in a workbook exercise to review and provide comment on the various options. The Committee underlined the importance of buyers purchasing property in rural areas in proximity to livestock and farming-related anaerobic digestion facilities being aware of the presence of the facilities and the potential for odour as part of normal farm practice. Comments gathered from the AACC will inform the next draft of the zoning by-law. Gallery on the Farm – Science of Farming: Aaron Bowman provided an informative presentation that showcased how scientific principles and new technology supports organic crop production. This includes informing crop selection, providing yield mapping, and increasing the precision of weed removal. Aaron also reviewed the value that has been realized at Gallery on the Farm as a result of cover cropping for decreasing wind and water soil erosion, decreased nutrient loss, nutrient sequestration, weed suppression, and enhanced soil microbes, as well as the secondary benefits of providing livestock feed and habitat for other species. The use of science in farming is contributing to the farm’s goals of year-round coverage, reduced tillage and increased organic matter in soil. Region of Durham Works Department – Rural Roundabouts: Mani Rajendran and Ron Trewin consulted with the committee on the planned roundabout at the intersection of Bowmanville Ave. and Regional Road 3 / Concession Road 8. Roundabout construction is the preferred option identified to improve the overall safety and operations at this high traffic intersection. The draft design considered the comments and experience the Region had gained through two prior rural area roundabouts constructed in the Region (RR8/Brock St. W. and Conc. 6, Uxbridge and Lake Ridge Rd and RR12/Pefferlaw). More roundabouts can be anticipated in rural areas in the future. The Committee has asked the Region to attend meetings on an annual basis to share information about planned capital works projects in rural Clarington. Clarington Operations Department – Emerald Ash Borer: Fred Horvath, Clint Peters and Ken Mercer provided an update on the Municipality’s ash tree removal and replacement program. Program rules were reviewed, including what private property owners can do with the trees once they have been felled, as well as the management of removed trees. While there are multiple funding programs for tree planting, there is a gap in funding support to assist with the cost of tree removal on private property. Clarington Fire Department – Burn Permits: Chief Weir presented on burn permits. Currently there are no seasonal restrictions for burn permits in Clarington. Local Fire Chiefs are considering harmonization of approach across the Region. Clarington does not charge for the permits, but other Durham Region municipalities do. EFS personal have received extra training specific to agricultural structures. By-law Enforcement - By-law 2019-047 “Clean and Clear By-law”: Teresa Mason reviewed the background, scope, and application for the by-law. The by-law repeals and replaces the Lot Maintenance By-law. The Clean and Clear By-law does not introduce any changes to how property standards are enforced on agricultural properties. Public health concerns relating to standing water and noxious week complaints are responded to by the Region of Durham (Public Health and Durham Week Inspector, respectively). Consultation Feedback CLOCA Watershed Plan Updates: Comments have been provided to CLOCA with regard to the questions the committee has about the 46% natural cover target when the Region’s Official Plan is 30%. Durham Region Agriculture Sector Climate Adaptation Strategy: Committee members commented that economic development has to concentrate on building what is here not seeking to bring in outside expertise or property purchasers. Farmers are the stewards of the land and they should be supported through the existing programs such as Durham Farm Fresh, Farm Connections, Stewardship grants from the CAs, etc. Durham Region Woodlands By-law: Staff have confirmed with the Region the proposed amendments to the by-law do not change the ability of a farmer to carry out normal farm practices. The by-law specifies that the removal of trees as part of normal farm practices are exempt. Normal farm practices include the removal of trees for personal use, as well as the removal of trees for farm-related uses (i.e. fence posts and rails). Normal farm practices in the current by-law and in the proposed amended by-law do not include clear cutting of any kind. A permit is required for any clear cutting. ZONE Clarington: Members participated in the public open houses and a workshop on Minimum Distance Separation zoning. Committee discussed with Staff the approach taken for updating Environmental Protection zoning in the proposed zoning by-law and the potential implications for agricultural uses and activities for consideration in the preparation of the next draft. The influence of Provincial initiatives (i.e. 407, introduction of the Greenbelt) on the project and public perception was discussed. Other Municipal Matters Service Installation in Rural Road Right-of-ways: Don reached out the Region of Durham to discuss what measures could be taken to require utilities to contact farmers prior to undertaking construction activities in rural roadside right of ways. There have been instances of tile drainage discharge pipes being damaged as the utility was not aware of their location. Cannabis Crop Production: There is discussion in the community about the growing of cannabis as a farm crop. As set out by OMAFRA, the definition of a crop for agricultural production is very broad and would include cannabis, subject to ensuring compliance with Federal regulations. This is not unlike agricultural production of hemp. Typical crop drying and cleaning is accepted as a normal farm practice much like corn and soybeans. Matters relating to processing of cannabis to produce a salable product are subject to zoning. Council could request staff provide further policy direction, such as fencing, etc as other municipalities have. Resolutions Emerald Ash Borer Funding Assistance: Resolution 019-26 endorsed the Emerald Ash Borer Provincial funding assistance for farmers resolution. Enforcement of Safety on Family Farms: Resolution 019-19 endorsed Warwick Township council’s resolution regarding safety on family farms. Work is underway by DRFA to organize a roundtable in Clarington to discuss the issue. Other Agencies/Organizations Agri-food Education and Event Centre: Initiative is being led by the DRFA. A feasibility study has been completed for a permanent agricultural resource centre. Committee will continue to track their next steps into 2020. Doors Open Clarington 2019: Doors Open 2019 focused on agricultural heritage and featured farm operations of multiple committee members. Emily Project: This initiative is being led by the DRFA and continues to be monitored by the AACC. Discussions have taken place on the development of a program. The committee anticipates a report on a Regional approach in 2020.