HomeMy WebLinkAbout02-24-2020
Planning and Development Committee
Agenda
Date:February 24, 2020
Time:7:00 PM
Location:Council Chambers, 2nd Floor
Municipal Administrative Centre
40 Temperance Street
Bowmanville, Ontario
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accessibility accommodations for persons attending, please contact: Samantha Gray, Committee
Coordinator, at 905-623-3379, ext. 2106 or by email at sgray@clarington.net.
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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 February 3, 2020 5
8.Public Meetings
No Public Meetings
9.Delegations
9.1 Jeungsoon Shin, Regarding Unfinished Business Item 15.1 Response
from Minister of Municipal Affairs and Housing
9.2 Scott Stevens, Regarding Unfinished Business Item 15.1 Response from
Minister of Municipal Affairs and Housing
9.3 Dan Zegers, Regarding Report PSD-008-20 Next Steps on Zone
Clarington
10.Communications – Receive for Information
No Communications for Information
Planning and Development Committee
February 24, 2020
Page 2
11.Communications – Direction
11.1 Letters from the Public, Regarding Response from Minister of Municipal
Affairs and Housing
13
The following people have submitted the same form letter:
Len Townson; Robert McAllister; Dorothy Andrews; Marcel Zwetsloot;
James Hisson; Luc and Barbara Breau; Patrick Byrne; Robert Dees;
Ingrid Berzins; Rick Geisberger; Ken Down; Ron Geisberger; Mike
Geisberger; Arnold Geisberger; Andy Van Dine; Diane and Lance
Crago; Diane Higgs and Dave Robertson; Rosemary Cooper; Maurice
and Judith Landry; Frederick John Gulka; Tony and Doris Araujo; David
Roberts and Susan Garton; Walter and Patti Powell; Claude Harness;
Robert and Marielys Redmond; Ron and Marlen Kuzenko; Steve and
Josie Harris; C. Pagniello; Samir Chhelavda and Joseph Pilon; Vera
Spange-Koukidis, Paul Koukidis and Eleni Koukidis; Jeungsoon Shin;
Larry and Karen Poirier; Clair L. Chapman and Annabelle MacDonald;
Scott Stevens; Carol Bailey; Nancy Moore and Dana Severn; David and
Pat Brennan; Jocelyne Thibault and Marc Renaud; Hartmut Seiffert;
Wayne and Joan Blackburn; Laurie and Jeff Tsuyuki; B. MacLean, Mr.
and Mrs. Hoy
(Refer to Consideration of Item 13.3 Report PSD-008-20)
11.2 Memo from Carlo Pellarin, Manager of Development Review, Regarding
Exemption Request for 46 Lawson Road, Courtice to Allow a Minor
Variance within Two-Years of a Zoning By-law Amendment
22
(Motion for Direction)
11.3 Doug Robertson, CAO/Clerk/Director, Economic Development, Village
of Merrickville-Wolford, Regarding Provincially Significant Wetlands
Designation
25
(Motion for Direction)
11.4 Judy Smith, Director Municipal Governance, Clerk/Freedom of
Information Coordinator, Municipality of Chatham-Kent, Regarding
Support Role of Conservation Authorities
28
(Motion for Direction)
11.5 Tracey Dickson, Archives/Administrative Support, The Corporation of
the County of Prince Edward, Regarding Quinte Conservation Authority
29
(Motion for Direction)
Planning and Development Committee
February 24, 2020
Page 3
11.6 John Paul Newman, Director of Corporate Services/Municipal Clerk,
Township of Scugog, Regarding Support of Bill 156 - Security from
Trespass and Protecting Food Safety Act, 2019
31
(Motion to Endorse)
12.Presentations
12.1 Lisa Backus, Principal Planner, Regarding Report PSD-008-20 Zone
Clarington, Ministry of Municipal Affairs and Housing Comments
13.Planning Services Department Reports
13.1 PSD-006-20 Applications by Delpark Homes (Prestonvale) Inc. to permit
a 78 Dwelling in Courtice
33
13.2 PSD-007-20 Apartment-in-House By-law Amendment 64
13.3 PSD-008-20 Zone Clarington, Ministry of Municipal Affairs and Housing
Comments
68
14.New Business – Consideration
15.Unfinished Business
15.1 Response from the Minister of Municipal Affairs and Housing 89
(Referred from the January 20, 2020 Council Meeting)
16.Confidential Reports
17.Adjournment
Planning and Development Committee
February 24, 2020
Page 4
1
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Planning and Development Committee
Minutes
Date:
Time:
Location:
February 3, 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, F. Langmaid, J. Gallagher, S. Gray, K. Richardson,
C. Pellarin,
_____________________________________________________________________
1. Call to Order
Councillor Neal called the meeting to order at 7:00 PM.
2. Land Acknowledgment Statement
Councillor Hooper 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-013-20
Moved by Councillor Zwart
Seconded by Councillor Jones
That the Agenda for the Planning and Development Committee meeting of
February 3, 2020 be adopted as presented.
Carried
5. Declaration of Interest
There were no disclosures of interest stated at this meeting.
6. Announcements
Members of Committee announced upcoming community events and matters of
community interest.
Page 5
Planning and Development Committee Minutes February 3, 2020
2
7. Adoption of Minutes of Previous Meeting
7.1 Minutes of a Regular Meeting of January 13, 2020
Resolution # PD-014-20
Moved by Mayor Foster
Seconded by Councillor Hooper
That the minutes of the regular meeting of the Planning and Development
Committee meeting held on January 13, 2020, be approved.
Carried
8. Public Meetings
9. Delegations
9.1 Brenda Metcalf, Past Chair, Agricultural Advisory Committee, Regarding
the Agricultural Advisory Committee – 2019 Accomplishments
Brenda Metcalf, Past Chair, Agricultural Advisory Committee (AAC), was present
regarding the Agricultural Advisory Committee – 2019 Accomplishments. She
made a verbal presentation to accompany a handout. Ms. Metcalf reviewed the
accomplishments of the AAC for 2019, which included highlights, events, and
presentations at their meetings. She also explained the importance of the farming
industry. Ms. Metcalf thanked the Committee for the opportunity to speak and the
municipal staff for their work with the AAC.
Resolution # PD-015-20
Moved by Councillor Zwart
Seconded by Councillor Hooper
That the Delegation of Brenda Metcalf, Past Chair, Agricultural Advisory
Committee (AAC), regarding the Agricultural Advisory Committee – 2019
Accomplishments, be received with thanks.
Carried
9.2 Joyce Kufta, Chair, Parkview Lodge, Regarding Relocating of the East
Municipal Crosswalk
Joyce Kufta, Chair, and Tim Welch, Consultant, Parkview Lodge, were present
regarding relocating of the east municipal crosswalk near the site of the Parkview
Lodge. Ms. Kufta advised that they are preparing to start construction of a 37
units of affordable seniors' housing in addition to their current site on King Street
in Newcastle. She explained that the project has had a number of challenges to
work through over the past number of months, including a number of cost
pressures related to changes in the location/details of site servicing and changed
foundation design to deal with soils issues. Ms. Kufta stated that, in December
2019, it was identified that there would be an estimated $100,000 cost to relocate
the east municipal crosswalk adjacent to their current driveway. She explained
that their budget for new affordable non-profit housing cannot absorb such a
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Planning and Development Committee Minutes February 3, 2020
3
large cost, and that Parkview Lodge is prepared to contribute half towards this
cost and are prepared to budget up to $50,000 towards it. Ms. Kufta mentioned
that staff are working on the preliminary design of the crosswalk and believe they
will do their best to design a crosswalk that is functional and cost efficient, but
they are anxious to see construction begin. She stated that they are requesting
that the Municipality of Clarington contribute the balance of the cost of the
crosswalk allocation in some manner. Ms. Kufta answered questions from the
Committee.
Alter the Agenda
Resolution # PD-016-20
Moved by Councillor Zwart
Seconded by Councillor Traill
That the Agenda be altered to consider Communication Item 11.1, at this time.
Carried
11.1 Joyce Kufta, Chair, Parkview Lodge, Regarding Relocating of the East
Municipal Crosswalk
Resolution # PD-017-20
Moved by Councillor Zwart
Seconded by Mayor Foster
That Communication Item 11.1, from Joyce Kufta, Chair, Parkview Lodge,
Regarding Relocating of the East Municipal Crosswalk, be referred to the CAO to
report back.
Carried
9.4 Rick McEachern, Regarding PSD-004-20 Proposed Heritage Designation for
the Fletcher Tree (2 Church Street, Bowmanville)
Rick McEachern, was present regarding PSD-004-20 Proposed Heritage
Designation for the Fletcher Tree (2 Church Street, Bowmanville). Mr.
McEachern advised the Committee that he supports the recommendations
contained in Report PSD-004-20. He explained that he has researched the
historical significance of the Fletcher Tree. Mr. McEachern provided an overview
of the Fletcher Tree's significance.
9.5 Victor Suppan, Regarding PSD-004-20 Proposed Heritage Designation for
the Fletcher Tree (2 Church Street, Bowmanville)
Victor Suppan, was present regarding PSD-004-20 Proposed Heritage
Designation for the Fletcher Tree (2 Church Street, Bowmanville). Mr. Suppan
advised the Committee that the Fletcher Tree has been evaluated and
determined to have cultural heritage value. He provided an overview of the
history of the tree and its significance. Mr. Suppan noted that he supports the
recommendations contained in Report PSD-004-20, and that a by-law should be
adopted to protect both the tree and its roots.
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Planning and Development Committee Minutes February 3, 2020
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Alter the Agenda
Resolution # PD-018-20
Moved by Mayor Foster
Seconded by Councillor Jones
That the Agenda be altered to consider Report PSD-004-20, at this time.
Carried
13.2 PSD-004-20 Proposed Heritage Designation for the Fletcher Tree (2 Church
Street, Bowmanville)
Resolution # PD-019-20
Moved by Mayor Foster
Seconded by Councillor Hooper
That Report PSD-004-20 be received;
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;
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
That all interested parties listed in Report PSD-004-20 and any delegations be
advised of Council’s decision.
Carried
10. Communications – Receive for Information
Councillor Neal left the chair.
Mayor Foster chaired this portion of the meeting.
10.1 Memo from Faye Langmaid, Acting Director of Planning Services,
Municipality of Clarington, Regarding Camp 30 Update
Recess
Resolution # PD-020-20
Moved by Councillor Neal
Seconded by Councillor Traill
That the Committee recess for 5 minutes.
Carried
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Planning and Development Committee Minutes February 3, 2020
5
The meeting reconvened at 8:16 PM with Mayor Foster in the Chair.
Resolution # PD-021-20
Moved by Councillor Neal
Seconded by Councillor Traill
That Clarington commence a legal action to endorse the payment of $500,000
and transfer of lands to the Jury Lands Foundation under the agreement with
Kaitlin regarding Camp 30; and
That the agreement be made public.
Referred
Resolution # PD-22-20
Moved by Councillor Neal
Seconded by Councillor Traill
That resolution #PD-021-20 be referred to staff to report back.
Carried
10.2 Minutes of the Agricultural Advisory Committee of Clarington dated
January 9, 2020
Councillor Neal returned to the Chair.
Resolution # PD-023-20
Moved by Councillor Zwart
Seconded by Councillor Hooper
That Communication Item 10.2 be received for information.
Carried
11. Communications – Direction
11.1 Joyce Kufta, Chair, Parkview Lodge, Regarding Relocating of the East
Municipal Crosswalk
Communication Item 11.1 was considered earlier in the meeting during the
delegation portion of the agenda.
12. Presentations
No Presentations
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Planning and Development Committee Minutes February 3, 2020
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13. Planning Services Department Reports
13.1 PSD-003-20 Development Applications – 2019 Annual Report
Resolution # PD-024-20
Moved by Mayor Foster
Seconded by Councillor Hooper
That Report PSD-003-20 be received for information.
Carried
13.2 PSD-004-20 Proposed Heritage Designation for the Fletcher Tree (2 Church
Street, Bowmanville)
Report PSD-004-20 was considered earlier in the meeting during the delegation
portion of the agenda.
14. Solicitor's Department Reports
14.1 LGL-002-20 Status of LPAT Appeals of OPA 107
Resolution # PD-025-20
Moved by Mayor Foster
Seconded by Councillor Zwart
That Report LGL-002-20 be received for information.
Carried
15. New Business – Consideration
There were no new business items added to the Agenda.
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
Resolution # PD-026-20
Moved by Councillor Hooper
Seconded by Councillor Anderson
That Report PSD-005-20 be received;
That the request for an exemption to Interim Control By-law 2018-083 for 10
Victoria Street be approved;
That the By-law contained in Report PSD-005-20 as Attachment 1 be approved;
and
That all interested parties listed in Report PSD-039-19 and any delegations be
advised of Council’s decision.
Carried
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Planning and Development Committee Minutes February 3, 2020
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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]
Resolution # PD-027-20
Moved by Mayor Foster
Seconded by Councillor Hooper
That the recommendations, contained in Confidential Report LGL -013-19, be
approved.
Carried
17. Confidential Reports
17.1 Confidential Verbal Report from the Acting Director of Planning Services,
Regarding Potential Property Acquisition
Closed Session
Resolution # PD-028-20
Moved by Mayor Foster
Seconded by Councillor Zwart
That, in accordance with Section 239 (2) of the Municipal Act, 2001, as
amended, the meeting be closed for the purpose of discussing a matter that
deals with a proposed or pending acquisition or disposition of land by the
municipality or local board.
Carried
Rise and Report
The meeting resumed in open session at 8:42 PM.
Councillor Neal advised that one item was discussed in “closed” session in
accordance with Section 239(2) of the Municipal Act, 2001 and one resolution
was passed to provide direction to staff.
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Planning and Development Committee Minutes February 3, 2020
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18. Adjournment
Resolution # PD-029-20
Moved by Mayor Foster
Seconded by Councillor Traill
That the meeting adjourn at 8:45 PM.
Carried
________________________________ ________________________________
Mayor Deputy Clerk
Page 12
To: Mayor Foster and all Clarington Councillors
40 Temperance Street
Bowmanville, Ontario
L1C 3A6
Please note my request is that this letter be added to the Agenda of the February 24,
2020 Planning and Development Committee Meeting.
The Minister of Municipal Affairs and Housing, stated in his letter to you that, “The lands brought
into the EP Zone in Clarington include lands that are identified by the province as Greenbelt and
NHS as well as additional lands that the province has not required to be zoned EP.
Municipalities are permitted to go beyond provincial standards and Clarington has made a policy
decision to do that despite local opposition.”
“...despite local opposition.” says that you have not been listening to the voters in Clarington.
You are not responding to some Councillors, who are supporting the public, and our local
MPPs, David Piccini and Lindsey Park, who have been asking for copies of the documentation
on which the Municipality based its mapping decisions.
When the Region of Durham’s Mapping shows less EP land in Clarington and no justification
can be given for the additional land added by Clarington, the public deserves answers.
Like the Minister, I believe that as an elected official you are accountable to the public.
Council voted against notifying land owners in 2017. In 2019, Council voted that all impacted
land owners be notified by direct individually addressed letters and that the letter specify what
can and can not be done on their properties. Why have land owners not yet received that letter
which includes the information clearly required by a majority Council vote?
Moreover, until asked, you chose not to share the Minister’s letter with all Councillors, who are
also accountable to the public. You have a responsibility to conduct municipal business with
accountability and transparency.
The Minister has said that Clarington has met Provincial mapping requirements, that Clarington
decided to go beyond those requirements and that the Province will not interfere in those
decisions.
The Minister has been very clear. It’s now in your hands to justify to the public why you and the
planning staff under you direction included lands beyond that required by the Province. Why are
you forging ahead with zoning amendments, using a map which has been seen to include
errors? And why are you not listening to the public.
Sincerely,
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We the undersigned request that this letter be added to the AGENDA, of FEB. 24, 2020
PLANNING & DEVELOPMENT COMMITTEE meeting, Clarington.
The fact that Clarington has not only arbitrarily increased EP lands in our area without
public notification or any semblance of transparency is very troubling. Then to learn that
the Mayor did not share the letter from Minister Clarke with the Councillor s regarding
this matter or with the citizens who are seriously impacted by these changes is shocking
and deeply concerning.
Minister Clarke clearly stated in his letter that Clarington has gone beyond what the
Province requires in this regard. Clarington must correct this injustice and respect the
wishes and rights of the citizens whose lives and property are so negatively affected.
Respectfully,
Vera Spange-Koukidis
Paul Koukidis
Eleni Koukidis
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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
Recommendation:
It is recommended that Council refuse the request to file a minor variance application
within the two-year period of an applicant-initiated zoning by-law amendment for the
subject lands based on the following reasons:
1. The request is not for a technical or housekeeping issue;
2. The intent of the zoning regulation to restrict the outside width of the garage was
to ensure the development respects and reinforces the existing building types of
nearby properties in terms of scale and built form, in accordance with Section
5.4.1 of the Clarington Official Plan; and
3. The request undermines Council’s original intent when it passed the zoning by-
law amendment.
Background
An application for a site-specific zoning by-law amendment was made to facilitate the
creation of one additional single detached lot at 46 Lawson Road in Courtice. Council
passed Zoning By-law Amendment 2019-024 on April 8th, 2019. The zoning by-law
addressed matters such as protection of environmentally sensitive lands as well as
respecting the character of the neighbourhood.
Subsequently, a land division application was made to the Region of Durham on April
25, 2019. The application was approved with conditions on June 10, 2019. At the time
of writing this memo, a clearance letter has not been submitted to the Region from th e
Municipality because the land division agreement has yet to be signed by the owners
To: Mayor and Members of Council
From: Carlo Pellarin, Manager, Development Review Branch
Date: February 24, 2020
Subject: Exemption Request for 46 Lawson Road, Courtice to Allow a Minor
Variance within Two-Years of a Zoning By-law Amendment
File: ZBA2018-0015 and LD2019-053
Applicant: Kyle Roberts
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and returned to the Municipality for registration. The last day to fulfill conditions is Friday
June 19, 2020.
Purpose of Two-Year Restriction on Applying for a Minor Variance
Section 45 (1.3) of the Planning Act places a two-year restriction on any owner-initiated
application for minor variances, where the subject lands have been recently approved
for a site-specific zoning by-law amendment.
The intent of the two-year restriction, as indicated by the Province, is to “provide greater
control to municipalities, prevent zoning provisions that Council determines to be
important from being reversed through the minor variance process for 2 years, and to
increase stability by affording municipalities to implement site specific zoning by-laws”.
This decision by the Province was a result of the number of cases where developers
were using the minor variance process to significantly change the approved
development concept. Minor variances were being applied for soon after a decision is
made to rezone a property. The intent was to reduce the administrative cost to
municipalities by not allowing developers to revisit the same planning issues that were
already dealt with through the rezoning by Council. In this case, a minor variance
application cannot be made on the subject lands until April 8th, 2021, unless Council
makes an exception.
The act allows Council to make exemptions to the two-year time frame. Typically, the
exception is for technical or housekeeping issues, such as minor adjustments to
setbacks, etc., not to revisit planning issues that were already dealt with through the
rezoning process.
Consideration of Exception Request for the Subject Lands
The rezoning process considers matters such as the suitability and compatibility of the
development in relation to surrounding land uses, planning principles, policies and other
technical matters. If a rezoning is supported, regulations are put in place to ensure that
development is suitable and compatible.
Staff considered the existing neighbourhood built form as part of the analysis in the
recommendation report when reviewing the rezoning request, in accordance with the
Clarington Official Plan policies for developments within existing neighbourhoods,
Section 5.4.1. The implementing zoning by-law included provisions to respect and
reinforce the existing building typologies of nearby properties in terms of scale and built
form.
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Restricting the outside width of the garage was one of the provisions that formed the
zoning by-law exception to ensure the development was consistent with the other
residential homes along Lawson Road. Many of the homes on Lawson Road do not
have a garage or the garages are detached and in the rear yards, away from view from
the street. The intent of limiting the width of the garage for the subject lands was to
ensure that garages will not dominate the streetscape. No homes on the street have a
three-car garage, as proposed by the applicant.
The by-law was approved, and no appeals or objections were received on the proposed
zoning by-law amendment.
As part of the conditions of approval for the land division application, a grading plan was
submitted by Kyle on November 29, 2019. The grading plan shows the garage having a
width of 6.25 m, which complied with the R1-93 zone. The grading plan was approved
by Engineering and Planning Staff.
The land division file for the subject lands has not been cleared as not all conditions
have been satisfied.
Please accept this memo for consideration before making a decision on the exemption
to the two-year time out period for the owner-initiated minor variance application on the
subject lands.
Regards,
Carlo Pellarin, MCIP, RPP
Manager, Development Review Branch
/nl
\\netapp5\group\Planning\^Department\Application Files\ZBA-Zoning\2018\ZBA2018-0015 46 Lawson
Road\MEM_MMC_ZBA2018-0015_46 Lawson Rd_11'02'20.docx
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From the Office of the Clerk
The Corporation of the County of Prince Edward
332 Picton Main Street, Picton, ON K0K 2T0
T: 613.476.2148 x 1021 | F: 613.476.5727
clerks@pecounty.on.ca | www.thecounty.ca
February 10, 2020
Please be advised that during the regular meeting of the Committee of the Whole on
January 9, 2020 the following motion was carried;
RESOLUTION NO. CW-013 -2020
DATE: January 9, 2020
MOVED BY: Councillor Roberts
SECONDED BY: Councillor St-Jean
Council's support for Quinte Conservation Authority
WHEREAS the Municipality of Prince Edward County is a member of the Quinte
Conservation Authority (QCA) and is represented on their Board of Directors; and
WHEREAS the QCA is a community-based environmental protection agency that
serves 18 municipalities in the watersheds of the Moira, Napanee and Salmon
Rivers and Prince Edward County with programs and services focused on a
sustainable ecosystem where people and nature live in harmony, and
WHEREAS the QCA provides the Municipality of Prince Edward County and its
residents with valuable contributions to recreation, education, water quality,
reduction of vegetation loss and soil erosion, preservation of species at risk, as well
as protecting life and property through a variety of measures, and
WHEREAS the QCA has a flood management program employing a watershed-
based approach that forecasts flooding, issues flood warnings, monitors stream flow,
regulates development activities in flood-plains, educates the public about flooding
and protects natural cover that helps reduce the impacts of flooding; and
WHEREAS the Municipality of Prince Edward County has experienced disastrous
and unprecedented flooding in both 2017 and 2019, with indications that these
inundations may constitute the new normal; and
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From the Office of the Clerk
The Corporation of the County of Prince Edward
332 Picton Main Street, Picton, ON K0K 2T0
T: 613.476.2148 x 1021 | F: 613.476.5727
clerks@pecounty.on.ca | www.thecounty.ca
WHEREAS the Ontario provincial government has announced a 50% cut to their
$7.4 million Natural Hazards Transfer Payment Grant (Section 39) to Ontario
conservation authorities (including QCA) that includes flood and erosion control
infrastructure, flood forecasting and warning, watershed planning projects and
technical studies, etc., an impact that will be immediately and particularly felt in
smaller and more rural areas such as the Municipality of Prince Edward County;
NOW THEREFORE BE IT RESOLVED
1. THAT the Municipality of Prince Edward County supports the
continuation of the programs and services of the Quinte Conservation
Authority; and
2. THAT this resolution be forwarded to the Minister of the Environment,
Conservation and Parks, Premier Doug Ford, the Association of
Municipalities of Ontario (AMO), Todd Smith MPP, the QCA and all
Ontario municipalities.
_______________________
Mayor
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4 TOWNSHIP OF
cugogS
February 12, 2020
The Honourable Ernie Hardeman
Minister of Agriculture, Food and Rural Affairs
Sent via email to: minister.omafra@ontario.ca
Re: Resolution Regarding Enforcement for Safety on Family Farms
Dear Honourable Sir:
At the last regular meeting of the Council of the Township of Scugog held February 10,
2020, the above captioned matter was discussed and the following resolution was
passed:
WHEREAS the Provincial Government has introduced Bill 156 — Security from
Trespass and Protecting Food Safety Act, 2019; and
WHEREAS Scugog farms are places of business where we grow and produce
food, raise animals and make our living; and
WHEREAS Scugog farms are also private homes, where private citizens have
the expectation that people cannot enter their homes without permission; and
WHEREAS Ontario farms have come under increasing threat from trespassers
and activists who illegally enter property, barn and buildings, trespassing under
false pretenses to gain entry, seizing private property, threatening the health and
safety of farms, employees, livestock and crops; and
WHEREAS existing laws are not doing enough to protect farms and homes from
the risk of unwarranted trespassers and activists; and
WHEREAS all animal production is governed by strict codes of practice, and
Ontario livestock farmers are required to satisfy standards of care requirements
outlined under national codes of practice which ensure animal health, safety, and
welfare are promoted and maintained; and
2...
Township of Scugog, 181 Perry St., PO Box 780, Port Perry, ON 1-91- 1A7
Telephone: 905--985--7346 Fax: 905-985--9914
www.scugog.ca
Page 31
WHEREAS Bill 156 — Security from Trespass and Protecting Food Safety Act
strikes a balance to protect farms while also recognizing a citizen's right to
protest;
NOW THEREFORE BE IT RESOLVED:
THAT the Township of Scugog supports Bill 156 — Security from Trespass and
Protecting Food Safety Act; and
THAT a copy of this resolution be sent to the Hon. Doug Ford, Premier of
Ontario, the Hon. Ernie Hardeman, Minister of Agriculture, Food and Rural
Affairs, the Hon. Sylvia Jones, Solicitor General of Ontario, the Hon. Doug
Downey, Attorney General of Ontario, Lindsey Park, Member of Provincial
Parliament, Durham, Randy Pettapiece and Toby Barrett, Parliamentary
Assistants to the Minister of Agriculture, Food and Rural Affairs, John Vanthof,
Deputy Leader, Official Opposition, Critic, Agriculture and Food, Rural
Development, Sarah Singh, Deputy Leader, Official Opposition, the Region of
Durham and all municipalities within Durham Region."
Should you require anything further in this regard, please do not hesitate to contact the
undersigned.
urs Sincer y,
John Paul Newman
Director of Corporate Services/Municipal Clerk
cc: The Honourable Doug Ford, Premier of Ontario
The Honourable Doug Downey, Attorney General of Ontario
The Honourable Sylvia Jones, Solicitor General of Ontario
Lindsey Park, MPP Durham
Randy Pettapiece and Toby Barrett, Parliamentary Assistants to the Minister of
Agriculture, Food and Rural Affairs
John Vanthof, Deputy Leader, Official Opposition, Critic, Agriculture and Food,
Rural Development
Sarah Singh, Deputy Leader, Official Opposition
Ralph Walton, Regional Clerk/Director of Legislative Services, Durham Region
Nicole Cooper, Director of Legislative & Information Services, Town of Ajax
Becky Jamieson, Municipal Clerk, Township of Brock
Anne Greentree, Municipal Clerk, Municipality of Clarington
Mary Medeiros, City Clerk, City of Oshawa
Susan Cassel, City Clerk, City of Pickering
Chris Harris, Town Clerk, Town of Whitby
Debbie Leroux, Director of Corporate Services/Clerk, Township of Uxbridge
Page 32
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 24, 2020 Report Number: PSD-006-20
Submitted By: Faye Langmaid, Acting Director of Planning Services
Reviewed By: Andrew C. Allison, CAO Resolution#:
File Number: COPA2018-0004; SC2018-0005
ZBA2018-0026 By-law Number:
Report Subject: Applications by Delpark Homes (Prestonvale) Inc. for a Clarington Official
Plan Amendment, Draft Plan of Subdivision and Zoning By-law
Amendment to permit a 78 residential unit subdivision on the west side of
Prestonvale Road and south of Southfield Avenue
Recommendations:
1. That Report PSD-006-20 be received;
2. That Amendment No. 122 to the Clarington Official Plan as contained in Attachment 1
of Report PSD-006-20 be adopted;
3. That the revised application for Draft Plan of Subdivision S-C-2018-0005 submitted
by Delpark Homes (Prestonvale) Inc., to permit the development of 78 residential
units, be supported subject to the conditions generally as contained in Attachment 2
to Report PSD-006-20;
4. That the application to amend the Zoning By-law by Delpark Homes (Prestonvale)
Inc. be approved and the By-law in Attachment 3 to Report PSD-006-20 be passed;
5. That once all requirements of draft subdivision approval are satisfied, the By-law
authorizing the Removal of the (H) Holding Symbol be approved;
6. That the Durham Regional Planning Department and Municipal Property Assessment
Corporation be forwarded a copy of report PSD-006-20 and Council's decision; and
7. That all interested parties listed in Report PSD-006-20 and any delegations be
advised of Council’s decision.
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Municipality of Clarington Page 2
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1. Application Details
Owner: Delpark Homes (Prestonvale) Inc.
Applicant: The Biglieri Group Ltd.
Proposal: Draft Plan of Subdivision
The proposed Draft Plan of Subdivision would permit 78
residential lots, consisting of 66 single detached dwellings and 12
townhouse dwellings, the extension of Rosswell Drive south a
new east-west street and an Open Space block.
Official Plan Amendment (Secondary Plan)
To change the designations of a portion of the lands at 1430 and
1500 Prestonvale Road from Future Urban Residential and
Neighbourhood Park to Low Density Residential and
Environmental Protection in the South West Courtice Secondary
Plan to permit the single detached and townhouse dwellings.
Zoning By-law Amendment
To rezone the lands at 1430 and 1500 Prestonvale Road from the
“Agricultural (A) Zone” to appropriate zones that would permit the
single detached and townhouse dwelling units.
Area: 9.07 Hectares
Location: 1430 and 1500 Prestonvale Road, Courtice
Roll Number: 1500 Prestonvale Road - 181701007002700
1430 Prestonvale Road - 181701007002600
Within Built Boundary: No
Report Overview
This report recommends the approval for a proposed Draft Plan of Subdivision, Clarington
Official Plan Amendment and Zoning By-law Amendment applications, submitted by Delpark
Homes (Prestonvale) Inc. The applications would permit a 78 unit residential subdivision,
including 66 single detached dwellings and 12 townhouse dwellings, the extension of
Rosswell Drive south a new east-west street and an environmentally sensitive Open Space
block.
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Municipality of Clarington Page 3
Report PSD-006-20
2. Background
2.1. Amendment 107, a comprehensive update to the Clarington Official Plan, was approved
by the Region of Durham on June 19, 2017. As part of the comprehensive review these
lands, which are within the urban area, were re-designated from future urban residential
to urban residential on Schedule A. Prior to development of the lands the policies require
the secondary plans to be updated from future urban residential to provide detailed land
uses. The existing Southwest Courtice Secondary Plan was not revised as part of t he
comprehensive update. The Planning Services Department is currently working on a total
of 11 secondary plans, some for new areas and some as a conformity exercise for
existing plans.
2.2. In order to submit the Clarington Official Plan Amendment application Delpark Homes
required Council’s permission to accept the application within two years of the
comprehensive update. Council approved the applicant’s request on September 17, 2018.
2.3. The Southwest Courtice Secondary Plan originally identified the subject lands as future
urban residential due to servicing constraints. Until the new sanitary sewer trunk is
constructed to service the Courtice Water Pollution Control Plant (WPCP), all sanitary
sewage flows west to the Harmony Creek WPCP in Oshawa. The developme nt of the
subdivision to the immediate west, on the sites originally draft approved for elementary
public and elementary separate schools, included bringing services through Roy Nichols
Drive which abuts the subject lands.
2.4. The extension of the services on Roy Nichols Drive provided an opportunity for
development on a portion of the subject lands. The topography of the subject lands limits
the amount of the lands that can utilize the services on Roy Nichols Drive. The
applicant’s consultants have determined that 78 units could be developed utilizing the
services on Roy Nichols Drive. The remainder of the subject lands will require the trunk
sewer from the Courtice WPCP.
2.5. The proposed development includes 66 single detached dwellings and 12 townhouse
dwellings, the extension of Rosswell Drive south, a new east-west street and an Open
Space block. The development also includes a servicing block with a walkway at the
north-west corner connecting to Rosswell Park and a block on the west side connecting to
the existing trail around the stormwater management pond and future trail network.
2.6. A statutory public meeting was held on January 28, 2019. Comments received from the
public are discussed in Section 7 of this report.
2.7. After the public meeting the applicant submitted a revised proposal that maintains the
same number of units but addresses a number of concerns identified by internal
departments and external agencies.
2.8. The applicant has submitted the following studies in support of the applications which are
reviewed in Section 8 of this report:
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Municipality of Clarington Page 4
Report PSD-006-20
Functional Servicing and Stormwater Management Report;
Planning Rationale Report;
Environmental Impact Study;
Environmental Noise Assessment.
Figure 1 – Proposed Development and Surrounding Uses
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Municipality of Clarington Page 5
Report PSD-006-20
3. Land Characteristics and Surrounding Uses
3.1. The subject lands consist of two parcels, 1430 and 1500 Prestonvale Road. The lands
are currently vacant with a woodlot in the south-west corner of the property. The subject
lands are relatively flat at the north end with a pronounced slope to the south, away from
the existing residential development to the north.
3.2. The surrounding uses are as follows:
North - Residential, single detached and townhouse dwellings, and Rosswell Park
South - Agricultural
East - South Courtice Recreation Complex, Single detached dwelling, Agricultural
(tree farm)
West - Stormwater Management Pond and single detached dwellings
4. Provincial Policy
Provincial Policy Statement
4.1. The Provincial Policy Statement encourages planning authorities to create healthy, livable
and safe communities by accommodating an appropriate range and mix of housing types
and development patterns, while making efficient use of land and infrastructure.
4.2. Healthy and active communities should be promoted by planning public streets to be safe,
meet the needs of pedestrians, foster social interaction and facilitate active transportation
and community connectivity. Compact and diverse developments promote active modes
of transportation such as walking and cycling.
4.3. The proposal conforms to the Provincial Policy Statement.
Provincial Growth Plan
4.4. The Provincial Growth Plan encourages municipalities to manage growth by directing
population growth to settlement areas, such as the Courtice Urban Area. Municipalities
are encouraged to create complete communities by promoting a diverse mix of land uses,
a mix of employment and housing types, high quality public open space and easy access
to local stores and services.
4.5. The subject lands are within the Greenfield Area identified by the Growth Plan. Within
Greenfield Areas, the Growth Plan establishes minimum density targets for residents and
jobs. The development has a density of 25.6 residents and jobs per hectare. This will
contribute to the Municipality meeting its requirements for development in greenfield
areas.
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Municipality of Clarington Page 6
Report PSD-006-20
4.6. The proposal conforms to the Provincial Growth Plan.
5. Official Plans
Durham Region Official Plan
5.1. The Durham Region Official Plan designates the subject lands Living Areas. Living Areas
permit the development of communities incorporating the widest possible variety of
housing types, sizes and tenure to provide living accommodations that address various
socio-economic factors.
5.2. Prestonvale Road is identified as a Type C Arterial Road in the Region of Durham Official
Plan.
5.3. The Region of Durham Official Plan identifies Key Natural Heritage and Hydrologic
Features at the southwestern section of the subject lands. Development or site alteration
is not permitted in Key Natural Heritage and Hydrologic Features, including any
associated vegetation protection zone, as determined through an Environmental Impact
Study.
5.4. The proposed development conforms with the Living Area designation and the Regional
Official Plan.
Clarington Official Plan
5.5. The Clarington Official Plan designates the subject lands Urban Residential and
Environmental Protection Area. The Urban Residential designation is predominately
intended for housing purposes. A variety of densities, tenure and housing types are
encouraged, generally up to 3 stories in height. Edge of neighbourhoods have a
minimum density target of 19 units per hectare. The development proposes a density of
25.6 units per hectare.
5.6. The Official Plan aims to create safe, walkable, and vibrant neighb ourhoods. The
development will extend the sidewalks and path infrastructure in the surrounding
neighbourhood while providing new connections to Rosswell Park.
5.7. Natural Heritage Features are also identified and mapped on the subject lands. This area
is designated Environmental Protection Area. The natural heritage system is to be
protected and enhanced for the long term to promote responsible stewardship and
provide sustainable environmental, economic and social benefits. The Environmental
Impact Study submitted with the application has defined the limits of the features and has
indicated that the proposed setbacks to the development are appropriate and in keeping
with the intent of Clarington’s Official Plan policies.
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Municipality of Clarington Page 7
Report PSD-006-20
Southwest Courtice Secondary Plan
5.8. The Southwest Courtice Secondary Plan designates the subject lands Future Urban
Residential and Neighbourhood Park. The Future Urban Residential designation
indicates lands that cannot be readily serviced due to existing infrastructure constraints.
It was anticipated that new infrastructure, specifically for sanitary sewers, would be
required prior to further development of the subject lands. The applicant and the Region
of Durham have determined that a portion of the subject lands can be serviced by
connections to the existing infrastructure to the west on Roy Nichols Drive.
5.9. The review and update to the Southwest Courtice Secondary Plan is currently in
progress. The applicants have submitted a concept plan demonstrating that this
subdivision could be integrated into future development to the south as part of their
application. The secondary plan review team has reviewed the development proposal.
There are no concerns that the current proposal will negatively impact the secondary plan
review.
5.10. The proposed development conforms to the Clarington Official Plan.
6. Zoning By-law
6.1. Zoning By-law 84-63 zones the subject lands “Agricultural (A) Zone”. A Zoning By-law
Amendment is required to permit the proposed single detached and townhouse dwelling
units within the subdivision.
6.2. The proposed Zoning By-law Amendment (Attachment 3) will allow for the development of
the 66 single detached dwelling and 12 townhouse dwelling units. The lands will have a
zoning that is in keeping with the form of development currently found in the
neighbourhood to the north and west.
7. Public Submission
7.1. A statutory public meeting was held on January 28, 2019. The concerns raised during the
meeting included the following:
That complete streets, including sidewalks and bike lanes, be const ructed as part
of this development to increase active transportation options in south Courtice.
Potential impacts on the proposed historically designated property on the east side
of Prestonvale Road at 1467 Prestonvale Road.
Would existing services be disrupted during construction and what would be the
impacts on existing dwellings services, including hydro.
Not wanting to live next to a construction area.
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Municipality of Clarington Page 8
Report PSD-006-20
7.2. The owner will be required to provide both municipal sidewalks and connections between
the new subdivision and the existing road network. A 5 metre road widening is being
taken along Prestonvale Road to allow for urbanization of Prestonvale Road to the limits
of the new subdivision. Block 70 on the west side of the subdivision will allow for a future
path to provide better integration between the new subdivision, Rosswell Park and the
neighbourhoods to the west.
7.3. There should be no impact on the designated heritage building located at 1467
Prestonvale Road. The proposed development will be in keeping wit h the existing
development to the north and will not visually impede or impact the existing heritage
property.
7.4. There should be minimal impacts on existing services in the neighbourhood, if any at all.
There may be some minor impacts as services are extended or upgraded in the area.
7.5. The Municipality requires developers to implement a number of protocols to control dust,
mud on roads, etc. to limit the impact construction has on surrounding residents. The
applicant will be required to implement those protocols for this development to staff’s
satisfaction.
8. Studies
Environmental Impact Assessment
8.1. An Environmental Impact Study was submitted in support of the applications. The report
identifies natural heritage features on the site and in the surrounding area and assesses
the impacts of the development.
8.2. The study identifies that there are woodlot and wetland communities on the site. The
study further identifies setbacks and recommendations to ensure the protection of those
features. The applicants will be required to introduce low impact development techniques
to increase water infiltration in the area. An edge management plan will also be created
to provide further protection and enhance the buffers for the environmental features.
8.3. Two Threatened and one Endangered species were documented on the subject lands.
The applicant submitted an Information Gathering Form to the Ministry of the
Environment, Conservation and Parks (MECP) in July 2019. The applicant will be
required to meet the Ministry’s requirements in respect to these species.
Environmental Noise Assessment
8.4. A Noise Report was submitted in support of the applications. The study indicated that a
noise attenuation fence is required for the units adjacent to Prestonvale Road and the
units will be required to have central air conditioning. The remaining residential units will
be required to accommodate central air conditioning. Appropriate conditions have been
included in the conditions of draft approval.
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Municipality of Clarington Page 9
Report PSD-006-20
8.5. The railway noise and highway 401 noise were not considered as part of the noise
assessment. MECP Noise Guidelines (NPC-300) requires railway noise to be considered
within 500 metres of a development. The rail lines to the south are over 700 metres from
the development.
Functional Servicing and Stormwater Management Report
8.6. A Functional Servicing and Stormwater Management Report was submitted in support of
the applications. The report provides the details of how the proposed subdivision can be
serviced (water, sanitary and storm) from existing and new infrastructure.
8.7. The development will be serviced by extending existing services from Roy Nichols Drive
and stormwater will be directed to the existing pond adjacent to Fenning Drive. The
required servicing blocks have been included in the draft plan and will be conveyed to the
municipality.
Planning Rationale Report
8.8. A Planning Rationale was submitted in support of the applications. The report concludes
that the proposed residential development is consistent with Provincial, Regional and
Municipal planning policies. The report also concludes that the development is consistent
with the context of the surrounding neighbourhood.
9. Agency Comments
Durham Region
9.1. Durham Region has no concerns or objections to the approval of the Clarington Official
Plan (Secondary Plan) amendment, the draft plan of subdivision, subject to conditions, or
the zoning by-law amendment. The Region stated that the proposed applications
complies with Provincial and Regional Planning Policy and has provided conditions to be
imposed through Draft Approval.
Central Lake Ontario Conservation Authority
9.2. The Central Lake Ontario Conservations Authority has no objections to the approval of
the Clarington Official Plan (Secondary Plan) amendment, the draft plan of subdivision,
subject to conditions, or the zoning by-law amendment. The conservation authority is
satisfied that the open space block provides adequate buffers for the environmentally
sensitive lands located within the block and surrounding area and the applicant will be
required to complete planting within the buffer. The applicant must, through the detailed
design phase, ensure stormwater management measures are implemented to the
conservation authorities’ requirements and standards.
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Municipality of Clarington Page 10
Report PSD-006-20
Other Agencies
9.3. Enbridge, Canada Post and the Kawartha Pine Ridge District School Board indicated they
had no objections to the proposed applications. Canada Post indicated conditions that
will need to be met through the draft conditions.
10. Departmental Comments
Engineering Services Department
10.1. Engineering Services has no objections to the proposed applications including the
proposal plan of the subdivision, subject to conditions which will be addressed through
the conditions of draft approval. The stormwater will be directed to the existing
stormwater management pond to the south -west. Among the works the applicant will be
required to undertake include the following:
Erect fencing around the lots abutting Rosswell Park and the environmentally
sensitive lands; and
Provide a new pathway from future sidewalks to the existing path connections to
the west and Rosswell Park.
Fire and Emergency Services
10.2. Fire and Emergency Services Department has no objections to the applications.
Operations Department
10.3. The Operations Department has no objections to the proposed applications.
Building Division
10.4. The Building Division has no objections to the applications.
11. Discussion
11.1. The South-West Courtice Secondary Plan is currently under review. The applicant has
been engaged throughout the secondary plan review process and has worked with staff
to ensure the current application can integrate with and achieve the goals of the futur e
secondary plan. The subject lands are located on the north side of the Robinson Creek
and are isolated from the majority of the undeveloped secondary plan lands on the south
side of the creek. While the subject lands may not share a future road network with the
area south of Robinson Creek the lands are all being planned to create connective
neighbourhoods that provide a cohesive active transport network and integrated natural
heritage and open spaces.
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Municipality of Clarington Page 11
Report PSD-006-20
11.2. The amendment to the South-West Courtice Secondary Plan will change the future urban
designation and a portion of the neighbourhood park designations to low density
residential and environmental protection. The environmental protection designated lands
will be dedicated to the municipality as a condition of draft approval. The remainder of the
applicant’s lands will continue to be designated future urban residential and land uses will
be addressed through the South-West Courtice Secondary Plan update.
11.3. The applicants have provided an Environmental Impact S tatement that identifies the
natural heritage features on the site and surrounding area. The report assesses the
impact of the development on the natural heritage features on the site and in the
surrounding area, including the Robinson Creek.
11.4. There are two areas, at the south side of lots 39 and 40 and adjacent to the west side of
the extension of Rosswell Road, where the buffers don’t meet the minimum setbacks
identified in Section 3 of the Clarington Official Plan policies. The policies allow for
flexibility in the buffers where there is no net loss of vegetation protection zone and the
proposed buffers are supported by an Environmental Impact Study. The applicant has
proposed additional lands adjacent to these reduced buffer areas and abutting the south
limit of the lots fronting on Rosswell, to provide additional vegetation protection area
allowing for increased water infiltration through the use of low impact design measures.
This will allow for the average setback of 30m metres to be exceeded meeting the intent
of the Official Plan policies. The applicant will also be required to create an edge
management plan adjacent to the lots backing onto the environmentally sensitive area
and Rosswell Road extension. Future owners will also receive a Homeowners Guide that
outlines the significance of the environmentally sensitive area and how to be good
stewards of the area.
11.5. During the review process staff, together with the applicant reviewed ways to integrate
and provide connectivity to the neighbourhoods to the west and Rosswell Park. The
revised plan provides a wide block on the west side that will allow for a better integration
of the neighbourhoods, park and trail system than a typical walkway between two lots.
11.6. A site specific Urban Residential Type Two (R2) Zone is recommended for the single
detached dwellings and a site specific Urban Residential Type Three (R3) Zone is
recommended for the townhouses
11.7. A holding symbol will be placed on the subject lands in order to ensure that all the
subdivision and site plan requirements are met prior to development.
12. Concurrence
Not Applicable.
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Municipality of Clarington Page 12
Report PSD-006-20
13. Conclusion
It is respectfully recommended that in consideration of all agency, staff and resident
comments that the applications for a Clarington Official Plan (Secondary Plan)
amendment, Draft Plan of Subdivision and Zoning By-law amendments to permit 78
residential lots, consisting of 66 single detached dwellings and 12 townhouse dwellings,
the extension of Rosswell Drive south to a new east-west street and an Open Space
block be approved as contained in Attachments 1 through 3 of this report.
Staff Contact: Brandon Weiler, Planner, 905-623-3379 x 2424 or bweiler@clarington.net.
Attachments:
Attachment 1 Official Plan Amendment
Attachment 2 Conditions of Draft Approval
Attachment 3 Zoning By-Law Amendment
The following interested parties will be notified of Council's decision:
Eddy Chan, Delpark Homes (Presontvale) Inc.
Mark Jacobs, The Biglieri Group
J. Boate
D. Moser
V. Suppan
M. Enjati
Page 44
Schedule "A"
Purpose of Official Plan Amendment Number 122 to the
Clarington Official Plan
Purpose: To amend the South-West Courtice Secondary Plan in the Clarington
Official Plan by designating lands previously designated as
Neighbourhood Park and Future Urban Residential to Low Density Urban
Residential and Environmental Protection Area. The amendment will
permit the development of 66 lots for single detached dwellings and 2
blocks for 12 townhouse dwellings while protecting environmentally
sensitive lands.
Basis: The Amendment is based upon applications filed by Del Park
(Prestonvale) Inc. and the supporting background studies including an
Environmental Impact Study and Functional Servicing Report.
Actual
Amendment: The Clarington Official Plan is hereby amended by amending Map
A “Land Use South-West Courtice” in the South-West Courtice
Secondary Plan as shown on Exhibit A to this Amendment.
Implementation: The provisions set forth in the Municipality of Clarington Official
Plan regarding the implementation of the Plan, shall apply in regard
to this amendment.
Interpretation: The provisions set forth in the Municipality of Clarington Official
Plan regarding the interpretation of the Plan, shall apply in regard to
this amendment.
File Number: COPA 2018-0004
I:\^Department\Application Files\SC-Subdivision\S-C-2018\S-C-2018-0005 1430 & 1539 Prestonvale\Draft Zoning By-law and OPA\COPA2018-0004 OPA Exempt
2 - Schedule 'A' Purpose and Effect.docx
Page 45
Exhibit “A” To the Municipality of Clarington Official Plan Amendment No. ___,
Map A, Southwest Courtice Secondary Plan
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Conditions of Draft Approval
File Number: S-C-2018-0005
Issued for Concurrence: January 24, 2020
Notice of Decision: _____________
Draft Approved: ________________
__________________________
Faye Langmaid, FCSLA, RPP
Acting Director of Planning Services
Municipality of Clarington
Part 1 – Plan Identification
1.The Owner shall have the final plan prepared on the basis of approved draft plan
of subdivision S-C-2018-0005 prepared by The Biglieri Group Ltd. identified as job
number 17473, dated August 3, 2018, as revised and dated December 18, 2019,
which illustrates a total of 78 units consisting of 66 single detached dwelling lots,
23 lots with a minimum of 10m frontage, 30 lots with a minimum of 11.3m fro ntage
and 13 lots with a minimum of 12m frontage, two townhouse blocks with 6 units in
each block with a minimum frontage of 7m, a servicing block, a service block and
community walkway and park, the extension of Rosswell Drive, a new road and
future developments lands to be retained by the applicant .
The redline revisions are:
1.The temporary turning circle at the bottom of Rosswell Drive should be identified
as Block 74 and be retained by the applicant at this time . An easement will be
required to be conveyed to the Municipality in accordance with the conditions
below.
Part 2 – General
2.1 The Owner shall enter into a subdivision agreement with the Corporation of the
Municipality of Clarington (the “Municipality”) that contains all of the terms and
conditions of the Municipality’s standard subdivision agreement respecting the
provision and i nstallation of roads, services, drainage, other local services and all
internal and external works and services related to this plan of subdivision. A copy
of the Municipality’s standard subdivision agreement can be found at
https://www.clarington.net/en/do-business/resources/application-forms/subdivision-
agreement.pdf
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2.2 The Owner shall name all road allowances included in the draft plan to the
satisfaction of the Municipality and the Regional Municipality of Durham (the
“Region”).
2.3 All works and services must be designed and constructed in accordance with the
Municipality’s Design Guidelines and Standard Drawings.
2.4 All driveway apron l ocations must be approved by the Director of Engineering.
Architectural Control and House Siting
2.5 (1) The Owner shall be 100% responsible for the cost of any architectural
design guidelines specific to this development, as well as 100% of the cost
for the “Control Architect” to review and approve all proposed models and
building permits, to the satisfaction of the Director of Planning Services.
(2) No residential units shall be offered for sale to the public on the draft plan
until such time as architectural control guidelines and the exterior
architectural design of each building has been approved by the Director of
Planning Services.
(3) No building permit shall be issued for the construction of any building on any
residential lot or block on the draft plan, until the architectural control
guidelines for the development and the exterior architectural design of each
building and the location of the building on the lot has been approved by the
Director of Planning Services.
(4) No residential units shall be offered for sale until such time as the Director of
Engineering Services has approved a grading plan that identifies lot type (i.e.
back draining, front draining, split draining, and such a plan shall be available
in the sales office.
Marketing and Sales
2.6 (1) The Owner shall prepare a Land Use Plan which shows the draft plan and
surrounding land uses. The Land Use Plan shall be in a format approved by
the Director of Planning Services.
(2) The Owner shall erect and maintain a sign on the development site and/or in
the sales office which shows the Land Use Plan as approved by the Director
of Planning Services.
(3) The Owner shall submit its standard Agreement of Purchase and Sale to the
Director of Planning Services which includes all warning clauses/ notices
prior to any residential units being offered for sale to the public.
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Site Alteration
2.7 Draft plan approval does not give the Owner permission to place or dump fill or
remove fill from or alter the grade of any portion of the lands within the draft plan.
The Owner shall be required to obtain a permit from the Municipality under Site
Alteration By-law 2008-114, as amended, for any such work. If any portion of the
lands are within an area regulated by a conservation auth ority, the Owner shall
obtain a permit from the conservation authority in addition to obtaining approval
from the Director of Engineering Services regarding the intended haulage routes,
the time and duration of the site alteration work and security relatin g to mud clean
up, road damage and dust control in accordance with the Dust Management Plan
in Section 4.6. After registration of a subdivision agreement, the provisions of the
Municipality’s standard subdivision agreement shall apply to any proposed site
alteration on the lands covered by the subdivision agreement.
Part 3 – Final Plan Requirements
3.1 The following road allowances shown on the draft plan shall be dedicated to the
Municipality upon registration of the final plan :
(a) Rosswell Drive extension
(b) Street A
3.2 The Owner shall transfer to the Municipality (for nominal consideration free and
clear of encumbrances and restrictions) the following lands and easements:
(a) Road Widenings
• A 5-metre road widening across the entire frontage of Prestonvale Road
shown as Block 69 on the draft plan.
(b) Temporary Turning Circles
• A temporary turning circle and snow storage area easement shown at
the south end of the Rosswell Drive extension on the draft plan.
(c) Parkland Dedications
• Park or other public recreational area shown as a portion of Block 70 on
the draft plan. The area calculated for parkland is 436 square metres.
(d) Open Space Lands as shown in Block 72 on the draft plan.
(e) Other
• Overland Flow and Servicing shown as a portion of Block 70 and all of
Block 71 on the draft plan for the purpose of sanitary servicing and
stormwater management.
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Part 4 –Plans and Reports Required Prior to Subdivision Agreement/Final Plan
Registration
4.1 The Owner shall submit the following plans and report or revisions thereof:
Phasing Plan
(1) This plan of subdivision shall be developed in one registration
Noise Report
(2) The Owner shall submit to the Director of Engineering Services, the Director of
Planning Services and the Region, for review and approval, an updated noise
report, based on the preliminary noise report entitled Environmental Noise
Assessment Draft Plan of Subdivision 1539 Prestonvale Road (Phase 1), prepared
by YCA Engineering Limited, dated October 2018, Project No.Y1828.
Functional Servicing
(3) The Owner shall submit an updated Functional Servicing Report satisfactory to the
Director of Engineering Servi ces and Central Lake Ontario Conservation Authority.
Environmental Sustainability Plan
(4) The Owner shall submit an update of the Environmental Sustainability Plan based
on the preliminary Environmental Sustainability Plan entitled Energy Efficiency and
Sustainability Plan, prepared by The Biglieri Group Ltd., dated August 2019, to the
satisfaction of the Director of Planning Services. Such plan shall identify the
measures that the Owner will undertake to conserve energy and water in excess of
the standards of the Ontario Building Code, reduce waste, increase recycling of
construction materials and utilize non-toxic, environmentally sustainable materials
and finishes. The plan shall include the location of a shade tree, or provision for a
voucher from a local nursery to allow the purchaser to acquire a shade tree to
provide passive solar gain during the various seasons .
Soils Management Plan
(5) Prior to Authorization to Commence, the Owner shall provide a Soils Management
Plan for review and approval by the Director of Engineering Services. Such plan
shall provide information respecting but not limited to any p roposed import or
export of fill to or from any portion of the Lands, intended haulage routes, the time
and duration of any proposed haulage, the source of any soil to be imported,
quality assurance measures for any fill to be imported, and any proposed
stockpiling on the Lands. All imported material must originate from within the
Municipality of Clarington. The Owner shall comply with all aspects of the
approved Soils Management Plan. The Director may require the Owner to provide
security relating to mud clean up, dust control and road damage.
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Dust Management Plan
(6) Prior to Authorization to Commence Works, the Owner is required to prepare a
Dust Management Plan for review and approval by the Director of Engineering
Services. Such plan shall provide a practical guide for controlling airborne dust
which could impact neighbouring properties. The plan must:
(a) identify the likely sources of dust emissions;
(b) identify conditions or activities which may result in dust emissions;
(c) include preventative and control measures which will be implemented to
minimize the likelihood of high dust emissions;
(d) include a schedule for implementing the plan, including training of on -site
personnel;
(e) include inspection procedures and monitoring initiatives to ensure effective
implementation of preventative and control measures; and
(f) include a list of all comments received from the Municipality, if any, and a
description of how each comment was addressed.
Fencing
(7) The Owner will be responsible to install fencing to the standards of the Municipality
of Clarington at the sides or rear of lots that are located adjacent to parks, open
space or environmentally sensitive areas, walkways or servicing blocks.
Edge Management Plan
(8) An Edge Management Plan be prepared and appro ved by CLOCA and the
Municipality of Clarington in the vicinity of the Rosswell Drive extension where the
future road extension is proposed to encroach into the 15 metre vegetation
protection zone.
Part 5 –Special Terms and Conditions to be Included in the Subdivision
Agreement
5.1 The Owner shall convey Block 70 to the Municipality for Park or other public
recreational purposes and pay the Municipality cash in lieu of parkland under
Section 5.1. of the Planning Act, R.S.O. 1990, c.P.13. The Owner acknowledges
that the land and payment represents 5% of the lands included in the draft plan
and the payment shall be based on the value of the Lands as of the day before the
approval of draft Plan of Subdivision S-C-2018-0005.
5.2 Noise Attenuation
(1) The Owner shall implement the noise attenuation measures recommended in
the updated noise report entitled Environmental Noise Assessment Draft
Plan of Subdivision 1539 Prestonvale Road (Phase 1) prepared by YCA
Engineering Limited and dated October, 2018 (the “Noise Report”).
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(2) The Owner shall not make an application for a building permit for any building
on the Lands until an acoustic engineer has certified that the plans for the
building are in accordance with the Noise Report.
5.3 Temporary Turning Circles
(1) Temporary turning circles are required at phase limits where roadways are
incomplete and any lots abutting temporary turning circles will be frozen and
not eligible for building permits.
(2) Where part of all of a temporary turning circle is on lands outside of the road
allowances, the Owner shall convey an easement to the Municipality in a
form satisfactory to the Municipal Solicitor. Such easement shall be released
for nominal consideration when the turning circle is remove d to the
satisfaction of the Director of Engineering Services.
(3) Where proposed road connects to existing temporary turning circle, the
Owner shall restore all areas to municipal standards. This includes curbs,
sidewalks, asphalt, drainage, boulevard to psoil and sod, street trees and
streetlighting relocations, all to the satisfaction of the Director of Engineering
Services.
5.4 Existing Structures
The Owner shall obtain demolition permit(s) to remove all existing buildings and
structures from the Lands, unless such buildings or structures are to be preserved
for heritage purposes.
5.5 Homeowner Stewardship Guide
The Owner shall create an educational Homeowners Stewardship Guide , to the
satisfaction of the Municipality of Clarington and Central Lake Ontario
Conservation Authority, to be developed and to be distributed to the future owners
of lots 35-54 inclusive regarding the significance of the wetland, the buffer and the
benefits, functions and maintenance requirements of low impact development
measures on the individual lots.
Part 6 – Agency Conditions
6.1 Region of Durham
(1) The Owner shall provide for the extension of such sanitary sewer and water
supply facilities which are external to, as well as within, the limits of this plan
that are required to service this plan. In addition, the Owner shall provide for
the extension of sanitary sewer and water supply facilities within the limits of
the plan which are required to service other developments external to this
subdivision. Such sanitary sewer and water supply facilities are to be
designed and constructed according to the standards and requirements of
the Region. All arrangements, financial and other wise, for said extensions
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are to be made to the satisfaction of the Region, and are to be completed
prior to final approval of this plan.
(2) Prior to entering into a subdivision agreement, the Region shall be satisfied
that adequate water pollution control plant and water supply plant capacities
are available to the proposed subdivision.
(3) The Owner shall grant to the Region any easements required for provision of
Regional services for this development and these easements shall be in the
location and of such widths as determined by the Region.
(4) The Owner shall submit Environmental Site Assessment documents to
address potential site contamination on the subject site in accordance with
the Regional Municipality of Durham’s Site Contamination Protocol.
(5) The Owner shall satisfy all requirements, financial and otherwise, of the
Region. This shall include, among other matters, the execution of a
subdivision agreement between the Owner and the Region concerning the
provision and installation of sanitary sewers, water supply, roads and other
regional services.
(6) The Owner shall carry out an Archaeological Assessment of the subject
property and mitigation and/or salvage excavation of any significant heritage
resources to the satisfaction of the Ministry of Heritage, Sport, Tourism and
Culture Industries. No grading or other soil disturbance shall t ake place on
the subject property prior to a letter of clearance from the Ministry of
Heritage, Sport, Tourism and Culture Industries.
6.2 Conservation Authority
(1) Prior to any on-site grading or construction of final registration of the Plan,
the Owner shall submit and obtain approval from the Municipality of
Clarington, and the Central Lake Ontario Conservation Authority for reports
describing the following:
(a) The intended means of controlling stormwater on the site and conveying
stormwater flow from the site to an appropriate outlet, including use of
stormwater techniques which are appropriate and in accordance with
the provincial guidelines;
(b) The intended means of providing water quality treatment for the site i n
accordance with provincial guidelines;
(c) The means whereby erosion and sedimentation and their effects will be
minimized on the site and downstream of the site during and after
construction in accordance with the provincial guidelines. The report
must outline all actions to be taken to prevent an increase in the
concentration of solids and prevention of downstream erosion in any
water body as a result of on-site, or related works; and
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(d) Details on the types and use of Low Impact Development (LID)
measures to be implemented within the development to assist in
reducing stormwater runoff and meeting infiltration targets in
accordance with the water balance and CLOCA requirements.
(2) That, the Open Space Block 72 be zoned Environment al Protection and be
dedicated to the Municipality of Clarington.
(3) A Landscape Plan be submitted for review and approval by CLOCA.
(4) The Owner shall satisfy all financial requirements of the Central Lake Ontario
Conservation Authority. This shall include Application Processing Fees and
Technical Review Fees as per the approved Authority Fee Schedule.
(5) The Owner agrees to maintain all the stormwater and erosion and sediment
control structures and measures operating and in good repair during the
construction period, in a manner satisfactory to the Central Lake Ontario
Conservation Authority.
(6) A monitoring and maintenance plan for the infiltration swales be provided for
review and approval by CLOCA. The functionality of the infiltration swale is to be
monitored using appropriate techniques such as, but not limited to, the use of
continuous monitoring equipment (data loggers and/or flow metres) to monitor
flows entering and exiting the infiltration trench, water levels and actual
drawdown times.
(7) That the mitigation measures and recommendations within the Environmental
Impact Study completed by Savanta, dated October 2018, revised August 2019
are adhered to.
6.3 School Board
(1) The Owner shall agree to include in all offers of purchase and sale a
statement that advises the prospective purchaser that attendance at the local
public schools may not be guaranteed due to rising accommodation
pressures. Pupils may be accommodated in temporary facilities and/or
directed to schools outside the area in accordance with continued
development and accommodation pressures.
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6.4 Canada Post Corporation
(1) Delpark Homes (Prestonvale) covenant and agree to provide the Municipality
of Clarington with evidence that satisfactory arrangements, financial and
otherwise, have been made with Canada Post Corporation for the installation
of Community Mail Boxes (CMB) as required by Canada Post Corporation
and shown on the approved engineering design drawings/Draft Plan, at the
time of sidewalk and/or curb installation. Delpark Homes (Prestonvale)
further covenant and agree to provide notice to prospective purchasers of the
locations of CMBs and that home/business mail delivery will be provided via
CMB.
(2) The Owner shall satisfy the following requirements of Canada Post
Corporation and the Municipality with respect to the provision of mail delivery
to the Subdivision Lands and the provision of community mailbox locations,
as follows:
(a) The developer will consult with Canada Post to determine suitable
permanent locations for the Community Mail Boxes or Lock box
Assemblies (Mail Room). The developer will then indicate these
locations on the appropriate servicing plans
(b) The developer agrees, prior to offering any units for sale, to display a
map on the wall of the sales office i n a place readily accessible to
potential homeowners that indicates the location of all Community Mail
Boxes or Lock Box Assemblies (Mail Room)., within the development,
as approved by Canada Post.
(c) The owner/developer will be responsible for officially notifying the
purchasers of the exact Community Mailbox locations prior to the
closing of any home sales with specific clauses in the Purchase offer,
on which the homeowners do a sign off
(d) The Builder/Owner/Developer will confirm to Canada Post t hat the final
secured permanent locations for the Community Mailboxes will not be in
conflict with any other utility; including hydro transformers, bell
pedestals, cable pedestals, flush to grade communication vaults,
landscaping enhancements (tree planting) and bus pads.
(e) The developer agrees to include in all offers of purchase and sale a
statement which advises the purchaser that mail will be delivered via
Community Mail Boxes or Lock Box Assemblies (Mail Room). The
developer also agrees to note the locations of all Community Mail
Boxes or Lock Box Assemblies (Mail Room)., within the development,
and to notify affected homeowners of any established easements
granted to Canada Post to permit access to the Community Mail Boxes
or Lock Box Assemblies (Mail Room).
(f) The owner/developer will agree to prepare and maintain an area of
compacted gravel to Canada Post’s specifications to serve as a
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temporary Community Mailbox location. This location will be in a safe
area away from construction activity in order that Community Mailboxes
may be installed to service addresses that have occupied prior to the
pouring of the permanent mailbox pads. This area will be required to be
prepared a minimum of 30 days prior to the date of first occupancy.
(g) The owner/developer will install concrete pads at each of the
Community Mailbox locations as well as any required walkways across
the boulevard and any required curb depressions for wheelchair access
as per Canada Post’s concrete pad specification drawings.
(h) The developer agrees to provide the following for each Community Mail
Boxes or Lock Box Assemblies, and to include these requirements on
the appropriate servicing plans: (if applicable)
i. - Any required walkway across the boulevard, per municipal
standards.
ii. - If applicable, any required curb depression for wheelchair access,
with an opening of at least two meters (consult Canada Post for
detailed specifications)
6.5 Utilities
(1) The Owner shall coordinate the preparation of an overall utility distribution
plan that allows for the safe installation of all utilities including the separation
between utilities to the satisfaction of the Director of Engineering Services.
(2) All utilities will be installed within the proposed road allowances. Where this is
not possible, easements will be provided at no cost to the utility provider.
Proposed easements are not permitted on lands owned by the Municipality
unless it can be demonstrated that there is no other alternative. Such
easements must not impede the long term use of the lands and will b e at the
discretion of the Director of Engineering Services.
(3) The Owner shall cause all utilities, including hydro, telephone, and cable
television within the streets of this development to be installed underground
for both primary and secondary services.
Part 7 – Standard Notices and Warnings
7.1 The Owner shall include a clause in Agreements of Purchase and Sale for all Lots
informing the purchaser of all applicable development charges in accordance with
subsection 58(4) of the Development Charges Act, 1997, S.O. 1997, C.27.
7.2 The Owner shall include the notices and warnings clauses set out in Schedule 3 of
the Municipality’s standard subdivision agreement in Agreements of Purchase and
Sale for all Lots or Blocks.
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7.3 The Owner shall include the following notices and warning clauses in Agreements
of Purchase and Sale for the Lots or Blocks to which they apply:
7.4 Noise Report
(1) The Owner shall include the following notice in the Agreements of Purchase
and Sale for Lots 2-66, Block 67 and Block 68 (with exception of the most
easterly unit, in Block 68, adjacent to Prestonvale):
“Purchasers are advised that sound levels due to incr easing road traffic
may occasionally interfere with some activities of the dwelling occupants
as the sound levels will exceed the Ministry of Environment’s noise
criteria.”
(2) The Owner shall include the following notice in the Agreements of Purchase
and Sale for all Lots:
“This dwelling unit was fitted with a forced air heating system and the
ducting etc. sized to accommodate a central air conditioning unit. The
installation of central air conditioning by the homeowner will allow
windows and exterior doors to be kept closed, thereby achieving
indoor sound levels within the limits recommended by the Ministry of
the Environment, Conservation and Parks. (Note: The location and
installation of the outdoor air conditioning device should be done so
as to comply with noise criteria of Ministry of the Environment,
Conservation and Parks publication NPC-300.”
(3) The Owner shall include the following notice in the Agreements of Purchase
and Sale for Lots 1 and Block 68 the most easterly lot adjacent to
Prestonvale:
“Despite the inclusion of noise abatement features within the
development area, sound levels from road traffic and the may be of
concern and may occasionally interfere with some activities of the
dwelling occupants as the noise exposure level may exceed the noi se
criteria of the Ministry of the Environment, Conservation and Parks.”
7.5 Nearby Farm Operations
The Owner shall include the following warning clause in agreements of purchase
and sale for all Lots:
“Farm Operations –There are existing farming operations nearby and
that such farming activities may give rise to noise, odours, truck traffic
and outdoor lighting resulting from normal farming practices which
may occasionally interfere with some activities of the occupants.”
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7.6 Nearby Park
The Owner shall include the following warning clause in agreements of purchase
and sale for Lots 20-32:
“Park – Rosswell Park is located directly north and is designated for
parkland uses including community events and recreation facilities
which, when developed, may contain active lighted facilities for night-
time services.”
7.7 Nearby Public Walkway
The Owner shall include the following warning clause in agreements of purchase
and sale for Lots 31, 32, 34 and 35:
“Public Walkway – This lot abuts Block 70 which has been
designated for use as a public walkway which, when developed, may
contain active lighted facilities for night-time services.”
7.8 Chain Link Fencing
The Owner shall include the following notice in the agreements of purchase and
sale for Lots 20-54:
“Chain Link Fencing – Chain link fencing is a required feature
between this lot and the adjacent a park, open space, environmentally
sensitive area or walkway. This fencing must be located on the public
portion of the abutting land and will be maintained by the Municipality
after the developer has been released from any further responsibility
for the fence. No gates will be permitted.”
7.9 Noise Attenuation Fencing
The Owner shall include the following notice in the agreements of purchase and
sale for Lots 1 and Block 68 most easterly lot:
“Noise Attenuation Fencing - Noise attenuation fencing is a required
feature for this lot to assist in reducing t he noise levels to comply with
Ministry of the Environment standards. This fencing must be located
on the private property portion of the lot and must be designed and
constructed in compliance with the recommendations of the noise
attenuation report prepared by YCA Engineering Limited dated
October 2018. The maintenance of this fencing is the responsibility of
the owner of the lot after the developer has been released from any
further responsibility for the fence.”
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7.10 Stormwater Management Pond
The Owner shall include the following notice in the agreements of purchase
and sale for Lots 34-38:
“Stormwater Management Pond - The purchaser acknowledges that
these lands abut a stormwater management pond, which is an
unmaintained lands owned by the Municip ality of Clarington. These lands
are subject to ponding or flowing water during various times of the year.”
7.11 Environmentally Sensitive Lands
The Owner shall include the following notice in the agreements of purchase
and sale for Lots 35-41 and 45-54:
“Infiltration Trenches - Homeowners are advised that as part of the
approved storm water management program for the development, a
infiltration trenches have been installed to encourage infiltration on the
lands owned by the Municipality of Clarington. The infiltration trenches
must be kept in good working order and not be tampered with.”
“Debris and Pool/Spa Water – Purchasers may not dumb any materials,
debris or grass clippings on these lands. Purchasers may not drain
swimming pool or spa water directly on these lands. Water should be
directed to the road where it enters the storm water system, and is treated
by Stormwater Management Controls.”
Part 8 - Clearance
8.1 Prior to final approval of the plan for registration, the Municipality’s Director of
Planning Services shall be advised in writing by,
(a) the Region of Durham how Conditions 6.1 (1) to (6) have been satisfied;
(b) Central Lake Ontario Conservations Authority, how Conditions 6.2 (1) to (7)
have been satisfied;
(c) Canada Post, how Conditions 6.4 (1) and (2) have been satisfied;
Part 9 – Notes to Draft Approval
9.1 Terms used in these conditions that are not otherwise defined have the meanings
given to them in the Municipality’s standard subdivision agreement.
9.2 As the Owner of the proposed subdivision, it is your responsibility to satisfy all
conditions of draft approval in an expeditious manner. The conditions of draft
approval will be reviewed periodically and may be amended at any time prior to
final approval. The Planning Act provides that draft approval, may be withdrawn at
any time prior to final approval.
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9.3 If final approval is not given to this plan within five (5) years of the draft approval
date, and no extensions have been granted, draft approval shall lapse and the file
shall be closed. Extensions may be granted provided valid reason is given and is
submitted to the Director of Planning Services for the Municipality of Clarington
well in advance of the lapsing date.
9.4 Where an agency requirement is required to be included in the Municipal
subdivision agreement, a copy of the agreement should be sent to the agency in
order to facilitate their clearance of condition s for final approval of this plan. The
addresses and telephone numbers of these agencies are:
(a) Durham Regional Planning Department, 605 Rossland Road East, P.O. Box
623, Whitby, Ontario L1N 6A3 (905) 668 -7721.
(b) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa,
Ontario LIH 3T3 (905) 579-0411.
(c) Kawartha Pine Ridge District School Board, 1994 Fisher Drive,
Peterborough, Ontario K9J 6X6
(d) Peterborough Victoria Northumberland and Clarington Catholic District
School Board , The Peter L. Roach Catholic Education Centre, 1355
Lansdowne Street West, Peterborough, Ontario K9J 7M3
(e) Canada Post, Metro Toronto Region, 1860 Midland Ave. 2nd Floor
Scarborough ON, M1P 5A1
I:\^Department\Application Files \SC-Subdivision\S-C-2018\S-C-2018-0005 1430 & 1539 Prestonvale\Conditions of Draft Approval\S-
C-2018-0005 - Conditions of Draft Approval_24'Jan'2020.docx
Page 60
Corporation of the Municipality of Clarington
By-law Number 2020-______
being a By-law to amend By-law 84-63
Whereas the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, for ZBA2018-0026;
Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Section 14.6 “Special Exceptions – Urban Residential Type Three (R3) Zone” is
amended be adding the following new Special Exception Zone 14.6.59 as follows:
14.6.59 Urban Residential Exception (R3-59) Zone
Notwithstanding Sections 3.1.g.i), iv), 14.1, and 14.3 b.i), c.ii) iii). h. shall only be
used for street townhouse dwellings, subject to the following regulations:
a.Lot Frontage
i)Interior Lot 7 metres
b.Yard Requirements
i)Interior Side Yard 1.2 metres, nil where
a building has a common wall
with any building on an adjacent
lot in the same zone
ii)Exterior Side Yard 3 metres
c.Height of floor deck of unenclosed porch above
finished grade (maximum)1 metre
d.A covered and unenclosed porch/balcony having no habitable floor space
above it, shall be permitted the following:
i)In the case of an interior lot, an unenclosed porch/balcony up to a
maximum area of 10.0 square metres shall be permitted, provided it
is located in the front yard of the lot and shall not be calculated as
lot coverage.
Page 61
ii) In the case of an exterior lot, an unenclosed porch/balcony up to a
maximum area of 15.0 square metres shall be permitted, provided it
is located in the front and/or exterior side yard of the lot and shall
not be calculated as lot coverage.
e. Special Yard Regulations
i) Bay windows with foundations may project into any required yard to
a distance of not more than 0.75 metres with the bay window
having a maximum width of 2.4 metres, but in no instance shall the
interior side yard be reduced below 0.6 metres.
ii) Steps may project into the required front or exterior side yard, but in
no instance shall the front or exterior side yard be reduced below
1.0 metres.
f. Garage Requirements
All garage doors shall not be located any closer to the street line than the
dwellings front wall, exterior side wall, or covered porch.
2. Schedule ‘4’ to By-law 84-63, as amended, is hereby further amended by changing
the zone designation from "Agricultural (A) Zone" to "(Holding) Urban Residential
Type Three Exception ((H)R3-59) Zone", "Agricultural (A) Zone" to "(Holding)
Urban Residential Type Two Exception ((H)R2-54) Zone", "Agricultural (A) Zone"
to "(Holding) Urban Residential Type Two Exception ((H)R2-65) Zone",
"Agricultural (A) Zone" to "(Holding) Urban Residential Type Two Exception
((H)R2-67) Zone" and “Agricultural (A) Zone” to “Environmental Protection (EP)
Zone as illustrated on the attached Schedule ‘A’ hereto.
3. Schedule ‘A’ attached hereto shall form part of this By-law.
4. This By-law shall come into effect on the date of the passing hereof, subject to the
provisions of Section 34 of the Planning Act.
By-Law passed in open session this _____ day of ____________, 2020
__________________________
Adrian Foster, Mayor
__________________________
C. Anne Greentree, Municipal Clerk
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Page 63
Planning Services
Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: Planning and Development Committee
Date of Meeting: February 24, 2020 Report Number: PSD-007-20
Submitted By: Faye Langmaid, Acting Director of Planning Services
Reviewed By: Andrew C. Allison, CAO Resolution Number:
File Number: PLN 11.15 By-law Number:
Report Subject: Apartment-in-House By-law Amendment
Recommendations:
1. That Report PSD-007-20 be received;
2. That the amendment to the Apartment-in-House By-law be approved as contained in
Attachment 1 to Report PSD-007-20; and
3. That all interested parties listed in Report PSD-007-20 and any delegations be advised of
Council’s decision.
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Municipality of Clarington
Report PSD-007-20 Page 2
Report Overview
This report is in response to a Council request for staff to review and propose revisions to the
Apartment-in-House registration by-law to address enforcement of non-registered second
units.
1. Background
1.1 At a meeting held on September 16, 2019 Council approved Resolution #JC -108-19 as
follows:
“That staff be directed to report on in-house apartment registration to advise
whether there are enforcement measures in place for non-registration and, if not, to
make proposals for enforcement.”
1.2 Staff from Planning Services together with Municipal Law Enforcement and Legal
reviewed enforcement related issues for the existing in-house apartment registration by-
law. In addition, best practices from other municipalities were examined.
1.3 The Municipality initially adopted By-Law 97-77 being a by-law to provide for the
registration of a primary dwelling unit having an Apartment-in-House. The main purpose
of registering secondary residential units is to ensure they are safe and comply to both
Building and Fire Codes. By-law 97-77 has since had two minor amendments, both
addressing fees. While the purpose of the by-law is to provide for the registration of a
primary dwelling unit having a lawful Apartment-in-House, there is no provision identified
for failure to register an apartment-in-house.
2. Discussion
2.1 Staff have reviewed the Apartment-in-House By-law with the goal of addressing Council’s
resolution. During the review of the existing by-law it quickly became apparent that the
by-law is not consistent with current provincial direction regarding secondary residential
units. Other necessary revisions are directly related to amendments to the municipal
zoning by-laws addressing where a second unit can be constructed. A more
comprehensive amendment to the Apartment-in-House By-law will be drafted following
completion of Zone Clarington to implement revisions for secondary units stemming from
that process.
2.2 Two revisions are proposed to the Apartment-in-House By-law at this time. The first is to
remove the word “lawful” from the first line of the definition of Apartment-in-House.
Although the word lawful is appropriately used in the Application section of the by-law, it
should not be used in the definition. Currently the definition reads as follows:
"Apartment-in-House" shall mean a lawful second dwelling unit contained within a
permitted residential single detached or semi-detached dwelling created through
converting part of or adding onto an existing dwelling unit. The Apartment-in-House
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Municipality of Clarington
Report PSD-007-20 Page 3
shall be used or intended to be used by one or more persons, and shall contain
sanitary facilities, kitchen and a heating system. The Apartment -in-House shall have
a private entrance from outside the building or from a common hallway or stairway
inside the building. For the purposes of this By-law, an "Apartment-in-House" shall
not be a "Converted Dwelling" and/or a "Duplex Dwelling".
2.3 The second revision is to add a new subsection 3.2 and renumber the remaining three
subsections. The new provision will allow Municipal Law Enforcement to legally pursue
property owners who have not registered an Apartment-in-House. The proposed new
provision reads as follows:
“3.2 No person shall fail to register an Apartment-in-House.”
2.4 Staff believe these two minor changes address the request of Council and will allow for
enhanced enforcement of secondary residential units that have not been registered. As
noted above a more detailed review of the by-law will be required to implement changes
resulting from Zone Clarington.
3. Concurrence
This report has been reviewed by the Manager Municipal law Enforcement and the
Municipal Solicitor who concur with the recommendations.
4. Conclusion
In consideration of staff comments, it is respectfully recommended that the Apartment-in-
House By-law be amended as contained in Attachment 1.
Staff Contact: Carlo Pellarin, Planner, 905-623-3379 ext. 2408 or cpellarin@clarington.net
Attachments:
Attachment 1 - By-law to amend By-law 97-77
There are no interested parties to be notified of Council’s decision.
Page 66
Municipality of Clarington Attachment 1 to
Report PSD-007-20
Corporation of the Municipality of Clarington
By-law Number 20___-______
being a By-law to amend By-law 97-77, Being a by-law to provide for the registration of
a primary dwelling unit having an Apartment-in-House for the Corporation of the
Municipality of Clarington
Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to
amend By-law 97-77, as amended, of the Corporation of the Municipality of Clarington;
Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Remove the word “lawful” from the first line of the definition of Apartment-in-House.
2. Add a new subsection 3.2 as follows and renumber the existing three subsections:
“3.2 No person shall fail to register an Apartment-in-House.”
3. This By-law shall come into effect on the date it is enacted.
By-Law passed in open session this _____ day of ____________, 20___
__________________________
Adrian Foster, Mayor
__________________________
C. Anne Greentree, Municipal Clerk
Page 67
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 24, 2020 Report Number: PSD-008-20
Submitted By: Faye Langmaid, Acting Director of Planning Services
Reviewed By: Andrew C. Allison, CAO By-law Number:
File Number: PLN 40, PLN 38.6 Resolution#:
Report Subject: Zone Clarington, Ministry of Municipal Affairs and Housing Comments
Recommendations:
1. That Report PSD-008-20 be received;
2. That Planning Staff continue to consult with key stakeholders and local residents in an
effort to resolve outstanding concerns with the draft zoning by-law, and to work towards
a new zoning by-law that not only balances local interests, but also conforms with
Provincial Policy and the Clarington Official Plan;
3. That Planning Staff continue the Zone Clarington site specific reviews with the aim to
carry out any of the necessary site visits in spring/summer 2020;
4. That as part of the second draft zoning maps, Staff review and remove the buffers as
directed by Council through Resolution #JC-115-19;
5. That cultural meadows (ELC code CUM) as outlined in Sections 4.5 to 4.8 of Report
PSD-008-20 be removed, if warranted;
6. That upon completion of the Zone Clarington exercise, Staff bring forward a
housekeeping Clarington Official Plan Amendment to modify the natural heritage
system as necessary; and
7. That all interested parties and any delegations be advised of Council’s decision.
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Municipality of Clarington Page 2
Report PSD-008-20
1. Background
1.1 At the January 20, 2020 Council meeting, a letter from the Minister of Municipal Affairs
and Housing (MMAH) to the Mayor dated January 10, 2020 (Attachment 1) was added
as a communications item. In response, Staff were asked to report regarding the
following:
Report Overview
Clarington, when updating its Official Plan, built upon the environmental feature based
Natural Heritage System first outlined in the 1996 Official Plan. The award winning 1996
Official Plan set a new standard for the protection of natural heritage in Southern Ontario.
As set out in the April 2013 Natural Heritage Discussion Paper, the objective was and still is
to protect Clarington’s natural heritage system from incompatible development. Using the
information provided from the provincial ministries and conservation authorities, the mapping
layers of environmental features were used to determine the Natural Heritage System.
Clarington defined the Natural Heritage System in conformity with the policies of the
Provincial Policy Statement, the Greenbelt Plan, the Oak Ridges Moraine Conservation
Plan, the Growth Plan and the Regional Official Plan. Through surveys and numerous
meetings carried out during the Official Plan review process, the community continually
expressed protection of the environment as the most important issue .
To implement the Official Plan, Clarington must bring its Zoning By-laws into conformity. This
project, called Zone Clarington, involves consolidating Zoning By-laws 84-63 and 2005-109
into a new Zoning By-law. As development occurs, the Zoning By-law mapping is updated
to be in keeping with the Official Plan policies. For the Oak Ridges Moraine, the Province
introduced the Oak Ridges Moraine Conservation Plan and required that municipalities
update their Official Plans and Zoning By-laws to be in conformity with the Plan. Clarington
completed this conformity exercise in 2005 by adopting OPA ’s 33 and 34 and enacting
Zoning By-law 2005-109. This conformity exercise was approved by the Region of Durham
and Minister of Municipal Affairs and Housing.
Upon approval of OPA 107 in June 2017, Planning Services Staff undertook the task of
bringing our existing Zoning By-laws into conformity with the updated Official Plan. The
Planning Act requires Council to update zoning by-laws no later than three years after
revision to the Official Plan. Knowing that we would not meet the three year deadline the
Mayor wrote the Minister of Municipal Affairs and Housing on September 17, 2019 to inform
him that while staff were diligently working towards bringing the zoning into conformity,
consultation with land owner and residents is challenging the timeframe. The Minister
responded to the Mayor’s letter on January 10, 2020. Staff were asked to write a report
regarding the Minister’s comment on “additional lands”.
Page 69
Municipality of Clarington Page 3
Report PSD-008-20
That Staff report back on the additional lands included in the Environmentally
Protected (EP) areas by the Municipality that were not required by the Province to
be identified as EP.
1.2 The requirement for Clarington to define its Natural Heritage System (NHS) as part of
the Official Plan and the associated vegetation protection zones are provided in each of
the governing provincial land use planning documents, including the Provincial Policy
Statement, the Growth Plan, the Greenbelt Plan and the Oak Ridges Moraine
Conservation Plan (ORMCP). The simple caveat to this requirement is that the locally
defined and approved NHS (denoted as the EP Area designation in the Official Plan
mapping) and the associated policy framework is not more restrictive than the policies
with respect to agriculture and aggregates.
1.3 Clarington’s Official Plan was adopted by Council November 1, 2016 and approved by
the Region of Durham, June 19, 2017. This approval verified that Clarington’s Off icial
Plan met provincial policies and applicable Provincial Plans. Clarington’s Official Plan
Amendment 107 has been further confirmed by Local Planning Appeals Tribunal (LPAT)
on September 30, 2019 as being consistent with the Provincial Policy Statement and in
conformity with the Growth Plan, the Greenbelt Plan and the ORMCP.
1.4 As background, to identify and define the NHS in the Official Plan, a Natural Heritage
Discussion Paper (2013) was prepared and reviewed through public information
sessions. One of the issues discussed was the need to harmonize the multiple policy
approaches across the various provincial plans. It was also acknowledged that “where
development is proposed, the ultimate boundary of the N HS may have to be determined
through detailed site specific studies”. The proposed Zone Clarington regulations also
reflect that ultimately, where development is proposed, a site specific study may be
required.
1.5 The Provincial approach to vegetation protection zones (buffers) differs between the
ORMCP, Greenbelt Plan, and Growth Plan. Planning staff recommended and Council
concurred with having a consistent approach to protect environmental features from
development with buffers and that they be included within the EP Area Designation of
the Official Plan for rural areas.
2. Clarington’s feature based Natural Heritage System (NHS)
2.1 There are a number of ways to define and develop a policy framework for the protection
of the NHS. An environmental features based approach protects individual features, not
the linkages between them. A Systems approach is comprised of individual
environmental features plus the linkage (existing or potential) between them. However,
this approach does not protect environmental features that are not linked to the larger
system. Clarington’s approach as described in The Natural Heritage Discussion Paper,
2013 was a combination, protecting for a connected system, while affording protection
to isolated environmental features.
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Municipality of Clarington Page 4
Report PSD-008-20
2.2 The PPS, Greenbelt Plan and ORMCP also support a combined approach. Each policy
document protects the individual features (i.e. wetlands) as well as the linkages
between them (e.g. ORM Natural Linkage Area; Greenbelt NHS). The majority of the
linkage areas in both the Greenbelt NHS and in the ORMCP, is agricultural land.
Clarington’s NHS (Map D of the Official Plan) uses, stream valleys to provide the
linkages between environmental features, rather than agricultural land.
2.3 This means that within the Greenbelt NHS (and ORMCP) there are over 6,000 hectares
of agricultural land. When working through the Official Plan review, staff particularly
wanted to exclude as much agricultural land as possible from the NHS. Using the
environmental features and the valleylands to create Clarington’s NHS achieved this.
2.4 Prior to the approval of OPA 107 by the Region, the approval authority is required to
circulate the Council adopted OPA to MMAH for their comments. MMAH, through the
one window approach, co-ordinates comments from all Provincial agencies. MMAH
noted in their correspondence that although the Greenbelt Plan allows for a one-time
refinement of the Greenbelt NHS at the time of OP conformity, Provincial ministries
were concerned that Clarington’s NHS appeared to be a n over refinement of the
Greenbelt NHS. MMAH suggested Clarington consult further with Regional staff
regarding this issue. Detailed comments from MMAH dated February 10, 2017 were:
“The Greenbelt Plan allows for a one-time refinement of the NHS at the time of
municipal OP conformity. The NHS in the OP is a wholesale deletion of much of
the Greenbelt NHS. The NHS appears to have been reduced to the sum of
natural heritage and hydrologic features and has removed the linkages in the
Greenbelt NHS. The Municipality of Clarington has added their own linkage
policies, foregoing the Greenbelt NHS. The intent of refinement is just that - a
fine-tuning of the system; making small changes where warranted.”
2.5 A second letter was received from MMAH on April 12, 2017 reiterating the position that
Clarington’s NHS eliminated the majority of the Greenbelt NHS and that Clarington’s
approach was environmental features based, not system based, and therefore not
supported by Ministry staff. In other words, Ministry staff felt the Clarington NHS had
not gone far enough and needed to be expanded.
2.6 In order to reconcile the difference between the Greenbelt NHS and Clarington’s NHS,
the Region of Durham staff proposed to maintain the Greenbelt NHS as a part of Map H
in Clarington’s Official Plan and to add associated policies in OPA 107. The Provincial
ministries were supportive of this solution. For Clarington, this meant we could continue
with the (combined linkage and environmental feature based) NHS on Map D which
establishes the EP Area designation.
2.7 Clarington staff wanted an environmental feature and system based approach to ensure
that as much agricultural land as possible was excluded from the NHS. It has been our
experience that farmers inherently understand the value of environmental features and
provide ongoing stewardship of the land. The linkages between environmental features
Page 71
Municipality of Clarington Page 5
Report PSD-008-20
can be achieved through a number of mechanisms. The difference of opinion between
Ministerial and Clarington staff can be explained by understanding and appreciating
staff’s knowledge and expertise in implementing policy requirements at the loca l level.
Clarington’s NHS is 38.4% or our total land area; had staff followed the
recommendation of the Province it would have been 49.4%.
3. Zone Clarington (first draft)
3.1 The first draft (interactive map, Figure 1) of the Zone Clarington mapping showed
vegetation protection zone (30 metres) as part of the EP Zone (green with hatching),
plus 90 metres of Environmental Review Area (hatching). Displaying this information
made it clear what land may generally not be built upon, and within proximity to these
non-development lands, justif ication for a proposed development may be required.
Figure 1: Excerpt showing Interactive Map hatching
3.2 Council directed staff to “delete the Environmental Review Area (90 metres) and
Minimum Vegetation Protection Zone (30 metres) from the draft zoning by-law
amendment” by Resolution #JC -115-19, September 16, 2019. This resolution
effectively changes the way the minimum area of influence and buffers are shown in the
ORMCP Zoning By-law 2005-109.
3.3 Unless directed otherwise, neither the vegetation protection zone (buffers) nor
Environmental Review Area (ERA) will be reflected on the second draft zoning by-law
mapping. During preparation of the second draft, staff will recommend regulations and
site plan approval to ensure the appropriate regulations are in place for conformity with
Provincial Policy, the Region of Durham Official Plan and Clarington Official Plan for
new development. As noted in Report PSD-057-19, this will remove 13,300 acres
(5,383 ha) from the EP zone as presented in the first draft of the zoning mapping. By
removing this information (buffer and ERA) from the zoning maps, it will not be readily
apparent to the reader that additional lands may not be built upon and additional studies
may be required in support of a development proposal.
3.4 In 2005, Clarington completed the ORMCP conformity including the implementing
zoning (Zoning By-law 2005-109). This zoning by-law was approved by the Minister of
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Municipality of Clarington Page 6
Report PSD-008-20
Municipal Affairs and Housing in 2010. Given the direction to staff noted in Section 3.2,
a significant amount of land already zoned EP on the moraine will be removed. Staff
will need to specifically review the implications of the removal of the minimum area of
influence and buffers from the ORMCP area as the strategy of mapping had already
been approved by the MMAH for the Oak Ridges Moraine Zoning By-law 2005-109.
Mapping options were presented to Council in October 22, 2019 (Attachment 4).
3.5 Staff are monitoring the LPAT hearing for the appeal of the East Gwillimbury
Comprehensive Zoning By-law review in regard to EP, set to begin on March 23, 2020.
East Gwillimbury has lands within both the ORMCP and Greenbelt. Staff will also
conduct a best practice review of other municipalities on the moraine to determine if
there are other planning tools that can be implemented to ensure Provincial Policy
conformity.
3.6 Staff recently presented the Zone Clarington project and the resulting direction by
Council to the Durham Chapter Appraisal Institute of Canada members. Some
members felt that by removing this key information from the zoning maps it was less
transparent and not warranted, as the requirement is set out in Provincial Policy.
3.7 The Minister’s letter dated January 10, 2020 did not clarify whether his comments about
“additional lands” were directed towards the Official Plan or the first draft Zoning By-law
mapping released in November of 2018. Staff sought clarification as to whether the
additional lands referenced in his letter were the buffers (Attachment 2). The response
letter (Attachment 3) received from the Assistant Deputy Minister (Policy) on February
6, 2020 provides clarification that the “comments in the Minister’s letter were based on
the first draft of the Municipality’s Zoning By-law”.
3.8 The MMAH letter of February 6, 2020, also acknowledges Clarington will not meet the
three-year timeframe to bring the Zoning By-law into conformity with the Official Plan.
The Ministry recognizes that Clarington is working on the zoning by-law and
“encourages Clarington to continue working with the public and key stakeholders to
resolve any outstanding concerns…that not only balances local interests, but that also
conforms with the Clarington Official Plan”.
3.9 Planning Staff are currently working through the site specific zoning review process. To
date, we have received 167 requests and have met with the applicable Conservation
Authority, completing initial background information and mapping reviews for 73 of
these properties. W here, based on the results of the initial review, it has been
determined a site visit may not be necessary, a letter outlining the results of the review
and any proposed changes will be sent to the property owner in March 2020. Planning
and Conservation Authority Staff are meeting, in late February, to continue the
background information and mapping review process and to coordinate the scheduling
of site visits. All requested site specific reviews will be completed before a second draft
of the zoning by-law is released.
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Municipality of Clarington Page 7
Report PSD-008-20
3.10 Staff will determine if there are updated data sets that can be utilized to improve EP
mapping for the second draft of the zoning by-law. A detailed review (grid by grid) will
be conducted of all mapping to identify if refinements can be made to properties where
a site specific review has not been requested. Since the review of data sets and aerial
photography is not relied upon for 100% accuracy, it is proposed to retain the regulation
providing for the interpretation of the EP zone boundary to reflect the actual location of
an environmental feature on the ground. As noted previously, even without a site
specific review at this time, should discrepancies arise in the future, Official Plan policy
and proposed Zoning By-law regulations allow for future refinement without the need for
an Official Plan Amendment or Zoning By-law Amendment.
4. Additional Lands included in Environmental Protected (EP)
Areas
4.1 During the January 20, 2020 Council discussion of the Minister’s letter Councillor Neal
sought clarification regarding two other issues, Vegetation protection zones for
valleylands, and cultural meadows.
Buffers for Valleylands
4.2 With respect to Significant Valleylands, the ORMCP is the only Provincial Plan that
prescribes the minimum dimension of the vegetation protection zone. For a Significant
Valleyland the minimum vegetation protection zone is defined as all of the land within 30
metres of the stable top of bank. In addition, the associated policy notes that if the
required natural heritage evaluation determines that the minimum is not sufficient, the
evaluation shall determine the dimension and provide direction for the maintenance and
where possible, improvement or restoration of natural self -sustaining vegetation within
the protection area (ORMCP Policy 23.(1) (d) and Part III Table).
4.3 In agriculturally dominant landscapes, valleylands are often the only environmental
features that remain. Valleylands are to be protected from development because they
provide a significant linkage and connectivity function of the NHS. Clarington’s larger
valley systems, like the Bowmanville/Soper Creek, link the landscape from Lake Ontario
to the Moraine. The Black/Farewell/Harmony Creek valley system not only links Lake
Ontario to the Moraine, it also extends across Municipal boundaries , as does the
Ganaraska River valley system. Official Plan policies and mapping have applied the
protection afforded in the ORMCP consistently to all valleylands within the rural area.
Cultural Meadows
4.4 As noted in the Natural Heritage Discussion Paper, to create two of the NHS data
layers, Significant Woodlands and Wetlands, specific Ecological Land Classification
(ELC) codes were utilized along with data from the Ministry of Natural Resources and
Forestry. The ELC provides a framework for objectively describing the landscape.
Clarington’s ELC data was provided by the Conservation Authority’s with the exception
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Municipality of Clarington Page 8
Report PSD-008-20
of the Robinson and Tooley Creek watersheds, where the ELC data is from the
Watershed Study prepared by AECOM (2011). In addition to these data layers, the
outer limit of all environmental features collectively created the NHS. The ELC code for
cultural meadows is CUM and was specifically excluded from the NHS. A cultural
meadow is often a pasture or successional growth area when a field has been left and
not recently worked (e.g. 5 plus years).
4.5 The Geographic Information System (GIS) is the electronic mapping layers used to
create the NHS. The information on the layers is drawn from the metadata (data bases)
provided by the Province and Conservation Authorities and refined through additional
studies. Staff from the Municipality and both Conservation Authorities reviewed the
NHS in relation to aerial photography. Using their collective expertise and site
knowledge, staff identified locations where the NHS required adjustment to rectify with
the aerial photography. W here a discrepancy was noted, the underlying data sources
were checked for verification. Staff attempted to update each of the underlying data
sources however, we are not the owner of certain data layers. The focus was to ensure
that the boundary of the NHS was as accurate as possible.
4.6 At the request of Councillor Neal, staff have determined that within the entire NHS
(23,552 ha), approximately 45 hectares of land with the ELC code CUM are included in
the NHS. Upon closer review and verification of the coding the majority have been
appropriately included within the NHS either as a result of an Environmental Impact
Study or because they surround stormwater facilities, other ponds/open water, and/or
they are within Conservation Authority ownership. In other cases, the CUM is located
within (i.e. surrounded by) a larger environmental feature such as a woodland. As such,
the CUM does not determine the limit of the NHS. In these cases, cultural meadows
perform a function within the larger NHS and should be appropriately protected from
development. In other cases, the ELC appears to be incorrect and warrants further
review.
4.7 The 45 hectares of CUM coded locations will be further evaluated as part of the site
specific review process being carried out for Zone Clarington.
5. Concurrence
Not Applicable.
6. Conclusion
It is respectfully recommended that Council adopt the specific recommendations
outlined in this report and refer Zone Clarington back to staff to continue processing.
Staff Contact: Faye Langmaid, Acting Director of Planning Services, 905-623-3379 x 2407 or
Flangmaid@clarington.net. and Lisa Backus, Principal Planner, 905-623-3379 x 2413 or
lbackus@clarington.net
Page 75
Municipality of Clarington Page 9
Report PSD-008-20
Attachments:
Attachment 1 – Minister’s letter of Jan 10, 2020
Attachment 2 – Acting Director’s email of Jan 17, 2020
Attachment 3 - MMAH letter of Feb 6, 2020
Attachment 4 – Mapping Options – from presentation of October 22, 2019
Interested Parties:
List of Interested Parties available from Department.
Page 76
Page 77
Page 78
1
Gamble, Theresa
Subject:FW: Three-Year Extension Request to Minister Steve Clark
From:DWP (David Piccini)<dwp@pc.ola.org>
Sent:January 21,2020 4:56 PM
To:Langmaid,Faye <flangmaid@clarington.net>
Cc:Foster,Adrian <afoster@clarington.net>;dawn.palin.rokosh@ontario.ca;stephen.hamilton@ontario.ca;Mayors
Office <MayorsOffice@claringtonnet.onmicrosoft.com>;Park,Lindsey <lindsey.park@pc.ola.org>;Parkco,Lindsey
<lindsey.parkco@pc.ola.org>
Subject:Re:ThreeYear Extension Request to Minister Steve Clark
Caution: External email. Do not click links or open attachments you do not trust.
Hi Faye,
Thanks,but I was just making a suggestion given circumstances.Whether they do or don’t is mute,as many of the other
municipalities I represent proactively reach out to ministry articulating asks.We don’t need prior staff approval to
articulate a formal ask.
Just my thoughts.
David
Sent from my mobile device.Please excuse brevity.
On Jan 21,2020,at 4:29 PM,Langmaid,Faye <flangmaid@clarington.net>wrote:
Hello all
Stephen and Dawn would you answer whether the Ministry grants a formal extension to
the three year timeframe to bring zoning into conformity? To my knowledge this has not
occurred in the past and others have not completed their review within the allotted
time. Is this a new process that the Ministry will be formally rolling out to all
municipalities? It was my understanding that providing the Ministry knew that we were
actively working on the conformity exercise, the Ministry understood that some
processes are more complex and require longer timeframes.
Many thanks
Faye Langmaid
Acting Director
Planning Services Department
Page 79
2
Municipality of Clarington
40 Temperance Street, Bowmanville ON L1C 3A6
905-623-3379 ext. 2407 | 1-800-563-1195
www.clarington.net
From:DWP (David Piccini)<dwp@pc.ola.org>
Sent:January 21,2020 4:07 PM
To:Langmaid,Faye <flangmaid@clarington.net>;Foster,Adrian <afoster@clarington.net>
Cc:stephen.hamilton@ontario.ca;Mayors Office <MayorsOffice@claringtonnet.onmicrosoft.com>;
Park,Lindsey <lindsey.park@pc.ola.org>;Parkco,Lindsey <lindsey.parkco@pc.ola.org>
Subject:Re:Three Year Extension Request to Minister Steve Clark
Caution: External email. Do not click links or open attachments you do not trust.
Thanks Faye,
Given circumstances,may I ask why a formal extension is not being requested?
Perhaps the Mayor could address my question?
Regards,
David
Sent from my mobile device.Please excuse brevity.
On Jan 20,2020,at 12:33 PM,Langmaid,Faye <flangmaid@clarington.net>wrote:
Good afternoon David
We are not asking for a 3 year extension. Rather, the Mayor’s letter of
September 17 informed the Minister that we would not meet the 3 year
requirement in the Planning Act. The Minister’s response of Jan 10
appears to acknowledge that we are in the process of working on the
Zoning By-law conformity and will exceed the 3 year time limit in the
Planning Act. We have not established an end date as we are working
through the site review assessment process with rural residents.
Hope that clarifies.
Faye
From:Piccini,David <david.piccini@pc.ola.org>
Sent:January 20,2020 12:10 PM
To:Langmaid,Faye <flangmaid@clarington.net>
Cc:stephen.hamilton@ontario.ca;Mayors Office
<MayorsOffice@claringtonnet.onmicrosoft.com>;Foster,Adrian
Page 80
3
<afoster@clarington.net>;Park,Lindsey <lindsey.park@pc.ola.org>;Parkco,Lindsey
<lindsey.parkco@pc.ola.org>
Subject:RE:Three Year Extension Request to Minister Steve Clark
Importance:High
Caution: External email. Do not click links or open attachments you do not trust.
Good afternoon Faye,
For clarification purposes. Is the Municipality of Clarington asking for a three-year
extension?
Regards,
David
From: Langmaid, Faye [flangmaid@clarington.net]
Sent: Monday, January 20, 2020 8:49 AM
To: Piccini, David
Subject: Three-Year Extension Request to Minister Steve Clark
Apologies I should have copied MPPs Piccini and Park and Chair Henry when I
responded as they were copied on the Minister’s letter.
Faye
From:Langmaid,Faye
Sent:January 17,2020 1:12 PM
To:Stephen.hamilton@ontario.ca;Marcia Wallace (marcia.wallace@ontario.ca)
<marcia.wallace@ontario.ca>
Cc:Councillors Office <CouncillorsOffice@claringtonnet.onmicrosoft.com>;Mayors
Office <MayorsOffice@claringtonnet.onmicrosoft.com>;Brian Bridgeman
(Brian.Bridgeman@Durham.ca)<Brian.Bridgeman@Durham.ca>
Subject:Three Year Extension Request to Minister Steve Clark
Hello Stephen and Marcia
Thank you for the Minister’s response. Upon reviewing the letter, staff
have some questions. The letter states: “The lands brought into the EP
Zone in Clarington include lands that are identified by the province as
Greenbelt and NHS as well as additional lands that the province has not
required to be zoned EP.” And further “Municipalities are permitted to go
beyond provincial standards,” To manage local and public interests, we
are writing to ask for clarity on how to approach applying provincial
policies? In the two letter from MMAH we received during the Official Plan
review MMAH commented on the refinements we were proposing to the
Provincial NHS and required certain mapping and policies be added to
Clarington’s Official Plan. Please outline for us where Clarington has gone
beyond provincial standards in our Official Plan mapping and application
Page 81
4
of EP zones so that prior to implementing the a new Zoning Bylaw it can
be rectified.
At this point we are in the process of preparing the zoning by-law
amendment which includes mapping. Council has already instructed staff
to remove the 30 metre buffer zone and 90 metre environmental review
area, the second draft will include this revision. Is this what is meant by
the statement “as well as additional lands that the province has not
required to be zoned EP”?
There has been discussion locally and questions regarding the Clarington
Official Plan as to whether it conforms to Provincial Policy. Would MMAH
confirm that the Amended Official Plan conforms to all applicable
provincial policies?
We are inviting the Minister and representives to come to Clarington to
provide your guidance to staff and Council in applying these complex
provincial policies at the local level. As you can appreciate our intent is to
ensure zoning in Clarington complies with all provincial policies. Our goal
is to protect the environment and agricultural resources while balancing
the needs of our landowners and removing unnecessary restrictions.
Faye Langmaid
Acting Director
Planning Services Department
Municipality of Clarington
40 Temperance Street, Bowmanville ON L1C 3A6
905-623-3379 ext. 2407 | 1-800-563-1195
www.clarington.net
Page 82
Attachment 3 to Report PSD-008-20Page 83
Page 84
Mapping
Option 1
Keep the Minimum
Vegetation
Protection Zone
and Environmental
Review Area (ERA)
overlays
Option 1 is the approached used for the current
draft zoning by-law.
Displaying buffers for the minimum vegetation
protection zone and environmental review area
overlay flags viewers of the map of the potential
need for site plan approval within the
environmental review area (ERA) overlay and
limited use permissions within the vegetation
protection zone.
It is perceived that development would be
prohibited in the ERA area. This perception is
wrong. Maps must be read with the
corresponding regulations contained within the
text of the draft zoning by-law. Section 16 of the
draft zoning by-law states that permitted uses
and regulations of the EP zone apply to the
minimum vegetation protection zone. The
permitted uses and regulations for the
Environmental Review Area are what is identified
by the underlying zone and corresponding
sections in the text. The Environmental Review
Area requirements are addressed in the Site Plan
Control By-law. It has been added to trigger the
site plan control by-law which we are looking to
streamline, simplify and add exemptions to.Page 85
Mapping
Option 2
Show only the
Minimum
Vegetation
Protection Zone
overlay
The second option is to revise the EP zone to
remove the minimum vegetation protection
zone from the EP zone boundary and show it as
an overlay, a non-EP zone. The underlying zone
would be modified to match the adjacent zone
such as agricultural or rural residential, as
shown in this example.
We would provide additional text in section 16
so the proposal will comply with provincial
policy. In 2017, there were changes to
provincial policies for the vegetation protection
zone which provides for some expansions to
existing uses within the buffer.
We would explore options to modify the
regulations in Section 16 to better reflect the
provincial policy updates for both Options 1 and
2.
The effect of this option is a reduction of the EP
zone on many properties and reduction of the
total area of the EP zone overall while
maintaining the intent to ensure that a
minimum vegetation protection zone is applied
to environmental features.Page 86
Mapping
Option 3
Show no overlays
The third option would be to not show the
minimum vegetation protection zone or
the Environmental Review Area as has
been directed by Council in Resolution
#114 and #115.
While not showing the buffers, we would
have to address them in through other
regulations. The concern with this
approach is that users rely on the mapping
to visualize what is regulated and what is
not within the text of the by-law. There is
also a question as to whether this would
meet the intent of the Region’s Policy that
required lower tiers to show and detail the
vegetation protection zone.
Page 87
Mapping
Option 4
Create a separate
map for the
Minimum
Vegetation
Protection Zone
and Environmental
Review Area
overlays
To address the Region’s policy if the 3rd
option is desired we could add a schedule
(option 4) of the buffers on a separate
map in the zoning by-law. This would help
with the visualization of the regulations on
a separate page.
Regardless of the mapping approach new
development will need to conform to
provincial policy requirements to protect
environmental features.
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