HomeMy WebLinkAbout12/02/2019
Planning and Development Committee
Revised Agenda
Date:December 2, 2019
Time:7:00 PM
Location:Council Chambers, 2nd Floor
Municipal Administrative Centre
40 Temperance Street
Bowmanville, Ontario
Inquiries & Accommodations: For inquiries about this agenda, or to make arrangements for
accessibility accommodations for persons attending, please contact: Samantha Gray, Committee
Coordinator, at 905-623-3379, ext. 2106 or by email at sgray@clarington.net.
Alternate Format: If this information is required in an alternate format, please contact the
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Audio Record: The Municipality of Clarington makes an audio record of General Government
Committee meetings. If you make a delegation or presentation at a General Government
Committee meeting, the Municipality will be audio recording you and will make the recording public
by publishing the recording on the Municipality’s website.
Noon Recess: Please be advised that, as per the Municipality of Clarington’s Procedural By-law,
this meeting will recess at 12:00 noon, for a one hour lunch break, unless otherwise determined by
the Committee.
Cell Phones: Please ensure all cell phones, mobile and other electronic devices are turned off or
placed on non-audible mode during the meeting.
Copies of Reports are available at www.clarington.net
*Late Item added after the Agenda was published.
Pages
1.Call to Order
2.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 November 12, 2019 5
8.Public Meetings
8.1 Public Meeting Application for a Proposed Zoning By-law Amendment 12
Applicant: Will & Nancy Vanniejenhuis
Report: PSD-052-19
Location: 1535 Ovens Road, Newtonville
9.Delegations
No Delegations
10.Communications – Receive for Information
10.1 Ted Comiskey, Mayor, Town of Ingersoll, Briefing
Note Regarding Granting Municipal Right to Approve Landfills in Ontario
14
Planning and Development Committee December 2, 2019
Page 2
11.Communications – Direction
*11.1 Memo from Carlo Pellarin, Manager of Development Review, Regarding
Unfinished Business Item PSD-039-19 Exemption Request for 10
Victoria Street from Interim Control By-law
19
(Motion for Direction)
12.Presentations
No Presentations
13.Planning Services Department Reports
13.1 PSD-052-19 Rezoning to Facilitate 3 Severances at 1535 Ovens Road
in Newtonville
20
13.2 PSD-053-19 Seasonal Sidewalk Patio Program Results, Guidelines, and
Procedures
30
*13.3 PSD-054-19 Community Improvement Plan Programs Annual Report 44
Please Note: Attachment 1 to Report PSD-054-19 has been replaced.
13.4 PSD-055-19 Environmental Stewardship, 2019 Annual Report 51
13.5 PSD-056-19 Heritage Incentive Grant Annual Report for 2019 58
13.6 PSD-057-19 1987 Bloor Street - Case Study of Site Specific Draft
Zoning Mapping Refinements
62
14.New Business – Consideration
14.1 Official Plan Amendment Resolution 71
15.Unfinished Business
15.1 PSD-039-19 Exemption Request for 10 Victoria Street from Interim
Control By-law [Referred from the November 12, 2019 Planning and
Development Committee meeting]
Link to Report PSD-039-19
15.2 Confidential Report LGL-013-19 10 Victoria Street – Exemption from
Part Lot Control [Referred from the November 12, 2019 Planning and
Development Committee meeting]
Planning and Development Committee December 2, 2019
Page 3
15.3 Confidential Memo from the Municipal Solicitor Regarding Appeals of
OPA 107
15.4 Paragraph Two of Resolution #CC-27-19 regarding Report LGL-015-19
- Status of LPAT Appeals of OPA 107 (Referred from the November 18,
2019 Council Meeting)
16.Confidential Reports
17.Adjournment
Planning and Development Committee December 2, 2019
Page 4
1
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Planning and Development Committee
Minutes
Date:
Time:
Location:
November 12, 2019
7:00 PM
Council Chambers, 2nd Floor
Municipal Administrative Centre
40 Temperance Street
Bowmanville, Ontario
Present Were: Mayor A. Foster, Councillor G. Anderson, Councillor R. Hooper,
Councillor J. Jones, Councillor C. Traill (until 8:14 PM), and
Councillor M. Zwart
Regrets: Councillor J. Neal
Staff Present: A. Allison, F. Langmaid, R. Maciver, C. Pellarin (left the meeting
at 7:50 PM), K. Richardson (left the meeting at 7:50 PM), C.
Salazar (left the meeting at 7:50 PM), J. Gallagher, S. Gray (left
the meeting at 7:50 PM)
_____________________________________________________________________
1. Call to Order
Mayor Foster 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
Alter the Agenda
Resolution # PD-182-19
Moved by Councillor Traill
Seconded by Councillor Zwart
That the Agenda be altered to:
consider Item 12.1, Presentation from Anne Taylor-Scott, Regarding
Report PSD-050-19 Proposed Rezoning to permit East Penn
development of 1840 Energy Drive, Courtice before Item 9.1, Delegation
of John Papanicolaou and Jason Bailey, East Penn Canada, Regarding
Page 5
Planning and Development Committee Minutes November 12, 2019
2
Report PSD-050-19 Proposed Rezoning to Permit East Penn
Development of 1840 Energy Drive, Courtice, and
to consider Report PSD-050-19, after Item 9.1.
Carried
Resolution # PD-183-19
Moved by Ron Hooper
Seconded by Councillor Jones
That the Agenda for the Planning and Development Committee meeting of
November 12, 2019 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.
7. Adoption of Minutes of Previous Meeting
7.1 Minutes of a Regular Meeting of October 22, 2019
Resolution # PD-184-19
Moved by Councillor Zwart
Seconded by Councillor Jones
That the minutes of the regular meeting of the Planning and De velopment
Committee meeting held on October 22, 2019, be approved.
Carried
8. Public Meetings
No Public Meetings
9. Delegations
12.1 Anne Taylor-Scott, Regarding Report PSD-050-19 Proposed Rezoning to
permit East Penn development of 1840 Energy Drive, Courtice
Anne Taylor-Scott, was present regarding Report PSD-050-19 Proposed
Rezoning to permit East Penn development of 1840 Energy Drive, Courtice. She
made a verbal presentation to accompany an electronic presentation. Ms.
Taylor-Scott provided background information on a proposed amendment to the
Zoning By-law. She explained that the subject lands are located at the northwest
corner of Energy Drive and Osborne Road. Ms. Taylor-Scott stated that the new
build will accommodate East Penn’s national head office, and national
Page 6
Planning and Development Committee Minutes November 12, 2019
3
warehouse/distribution centre, serving two other warehouses in Ontario, and 17
locations Canada-wide. She stated that the existing Prestige Business Park
Zone permits the use, however an amendment is required to adjust regulations to
accommodate the floor plan of the office/warehouse, adjust zoning regulations
and to implement Urban Design elements of the Energy Park Secondary
Plan. Ms. Taylor-Scott explained that the site is currently vacant and was
formerly the location of the Mannheim Auto Auction facility. She explained that
the existing secondary plan lays out land uses and also contains a host of urban
design policies and, while the use is permitted by both the Secondary Plan and
Zoning By-law, the regulations relating to setbacks, façade widths along the
public streets, site layout of loading and parking areas, and landscape strips,
required refinements to ensure the development implements the vision for the
Business Park. She stated that certain urban design policies of the plan will be
addressed during site plan review. Ms. Taylor-Scott noted that, through the
public consultation process, no area residents or businesses have contacted staff
regarding the application. She advised the Committee that the applicant
submitted several studies and reports in support of the application which are
summarized in the staff report. Ms. Taylor-Scott mentioned that no departments
or agencies provided any objections to the amendment to regulations of the
MO2-1 Zone. She advised the Committee that the amendment and regulations
will ensure the development has an appropriate street façade and massing along
Energy Drive which is the main street through the business park. Ms. Taylor-
Scott noted that, to address visibility along Highway 401, special screening
provisions are included in the by-law including the need for a berm and
landscaping strips. She stated that staff recommend the approval of the Zoning
By-law amendment as included as Attachment 1 to Report PSD-050-19.
9.1 John Papanicolaou and Jason Bailey, Regarding Report PSD-050-19
Proposed Rezoning to Permit East Penn Development of 1840 Energy
Drive, Courtice
John Papanicolaou and Jason Bailey, East Penn Canada, were present
regarding Report PSD-050-19 Proposed Rezoning to Permit East Penn
Development of 1840 Energy Drive, Courtice. Mr. Papanicolaou provided a
background on East Penn Canada and their business. He explained that the
new facility will employ over 200 jobs in Clarington. Mr. Papanicolaou noted that
East Penn's product line has expanded to include motive power,
telecommunications, UPS backup and renewable energy applications. They
answered questions from the Committee.
13.1 PSD-050-19 Proposed Rezoning to permit East Penn development of 1840
Energy Drive, Courtice
Resolution # PD-185-19
Moved by Councillor Anderson
Seconded by Ron Hooper
That Report PSD-050-19 be received;
Page 7
Planning and Development Committee Minutes November 12, 2019
4
That the By-law attached to Report PSD-050-19, as Attachment 1, be approved;
That once all conditions contained in the Official Plan and Zoning By-law with
respect to the removal of the (H) Holding Symbol are satisfied, a By-law
authorizing the removal of the (H) Holding Symbol be approved by Council;
That the Durham Regional Planning and Economic Development Department
and Municipal Property Assessment Corporation be forwarded a copy of Report
PSD-050-19 and Council’s decision; and
That all interested parties listed in Report PSD-050-19, and any delegations be
advised of Council’s decision.
Carried
10. Communications – Receive for Information
There were no Communications for Information at this meeting.
11. Communications – Direction
There were no Communications for Direction at this meeting.
12. Presentations
12.1 Anne Taylor-Scott, Regarding Report PSD-050-19 Proposed Rezoning to
permit East Penn development of 1840 Energy Drive, Courtice
The presentation from Anne Taylor-Scott, Regarding Report PSD-050-19
Proposed Rezoning to permit East Penn development of 1840 Energy Drive,
Courtice was considered earlier in the meeting during the delegation portion of
the agenda.
13. Planning Services Department Reports
13.1 PSD-049-19 Declaration of Surplus Property at the Bowmanville Avenue
Westbound Exit from Highway 401.
Resolution # PD-186-19
Moved by Councillor Zwart
Seconded by Ron Hooper
That Report PSD-049-19 be referred to be considered following Item 16.1 during
the confidential reports section of the agenda.
Carried
13.2 PSD-050-19 Proposed Rezoning to permit East Penn development of 1840
Energy Drive, Courtice
PSD-050-19 Proposed Rezoning to permit East Penn development of 1840
Energy Drive, Courtice was considered earlier in the meeting during the
delegation portion of the agenda.
Page 8
Planning and Development Committee Minutes November 12, 2019
5
13.3 PSD-051-19 Secondary Plans Update
Resolution # PD-187-19
Moved by Councillor Jones
Seconded by Councillor Anderson
That Report PSD-051-19 be received for information.
Carried
14. New Business – Consideration
15. Unfinished Business
15.1 Paragraph Three of Resolution #C-247-19 - Recommendation to Add Two
(2) Properties to the Municipal Register [Referred from the September 30,
2019 Planning and Development Committee Meeting]
Resolution # PD-188-19
Moved by Ron Hooper
Seconded by Councillor Zwart
That 816 Regional Road 17, Newcastle be added to the Municipal Register, and
That all interested parties listed in Report PSD-030-19 and any delegations be
advised of Council's decision.
Carried
15.2 PSD-039-19 Exemption Request for 10 Victoria Street from Interim Control
By-law [Tabled from the October 22, 2019 Planning and Development
Committee meeting]
Lifted from the Table
Resolution # PD-189-19
Moved by Councillor Traill
Seconded by Councillor Zwart
That the matter of Report PSD-039-19, Regarding Exemption Request for 10
Victoria Street from Interim Control By-law, be lifted from the table.
Carried
Resolution # PD-190-19
Moved by Councillor Traill
Seconded by Councillor Jones
That Report PSD-039-19, Exemption Request for 10 Victoria Street from Interim
Control By-law be referred to the Planning and Development Committee meeting
of December 2, 2019.
Referred
Page 9
Planning and Development Committee Minutes November 12, 2019
6
15.3 Confidential Report LGL-013-19 10 Victoria Street – Exemption from Part
Lot Control [Tabled from the October 22, 2019 Planning and Development
Committee meeting]
Lifted from the Table
Resolution # PD-091-19
Moved by Councillor Traill
Seconded by Councillor Zwart
That the matter of Confidential Report LGL-013-19, Regarding 10 Victoria Street
– Exemption from Part Lot Control, be lifted from the table.
Carried
Resolution # PD-092-19
Moved by Councillor Traill
Seconded by Councillor Zwart
That Report LGL-013-19, 10 Victoria Street – Exemption from Part Lot Control be
referred to the Planning and Development Committee meeting of December 2,
2019.
Referred
16. Confidential Reports
16.1 Confidential Verbal Report from the Acting Director of Planning Services,
Regarding Land Acquisition
13.1 PSD-049-19 Declaration of Surplus Property at the Bowmanville Avenue
Westbound Exit from Highway 401.
Closed Session
Resolution # PD-093-19
Moved by Councillor Jones
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:
a matter that deals with litigation or potential litigation, including matters
before administrative tribunals, affecting the municipality or local board;
and
a proposed or pending acquisition or disposition of land by the municipality
or local board.
Carried
Page 10
Planning and Development Committee Minutes November 12, 2019
7
Rise and Report
The meeting resumed in open session at 8:19 PM.
Mayor Foster advised that three items were discussed in “closed” session in
accordance with Section 239(2) of the Municipal Act, 2001 and two resolutions
were passed to provide direction to staff.
16.2 Confidential Report LGL-015-19 Status of LPAT Appeals of OPA 107
[Distributed Under Separate Cover]
Resolution # PD-094-19
Moved by Councillor Jones
Seconded by Councillor Zwart
That Report LGL-015-19, be received for information.
Carried
17. Adjournment
Resolution # PD-095-19
Moved by Councillor Jones
Seconded by Ron Hooper
That the meeting adjourn at 8:34 PM.
Carried
________________________________ ________________________________
Chair Deputy Clerk
Page 11
Notice of Public Meeting
A land use change has been proposed, have your say!
The Municipality is seeking public comments before making a decision on an application to amend
the Zoning By-law, to facilitate a severance.
Proposal
Will & Nancy Vanniejenhuis have made an application to amend Zoning By-law 84-63 to
rezone their lands from Agricultural (A) to Residential Hamlet (RH) and Environmental
Protection (EP), in order to facilitate the creation of 3 lots in the Hamlet of Newtonville.
The applicants are requesting that the lots be rezoned to Residential Hamlet, consistent
with the Clarington Official Plan policies, which allow for lot creation within a settlement
area, such as the hamlet of Newtonville.”
Property
1535 Ovens Road, Newtonville
The property is located south of Regional Highway 2 and north of Highway 401 on the east side of
Ovens Road in Newtonville.
How to be Informed
The proposed amendment, additional information and background studies are available for review
at the Planning Services Department and on our website at clarington.net/developmentproposals
Questions? Please contact Nicole Zambri 905-623-3379, extension 2422, or by email at
nzambri@clarington.net
How to Provide Comments
Speak at the Public Meeting:
Date: Monday December 2, 2019
Time: 7:00 pm
Place: 40 Temperance Street, Bowmanville, ON L1C 3A6
Council Chambers, Municipal Administrative Centre
Or write to the Planning Services Department to the attention of Nicole Zambri
File Number: ZBA2019-0015 Page 12
Freedom of Information and Protection of Privacy Act
The personal information you submit will become part of the public record and may be released to the
public. Questions about the information we collect can be directed to the Clerk’s Department at 905-
623-3379, extension 2102.
Accessibility
If you have accessibility needs and require alternate formats of this document or other
accommodations please contact the Accessibility Coordinator at 905-623-3379 ext. 2131.
Appeal Requirements
If you do not speak at the public meeting or send your comments or concerns to the Municipality of
Clarington before the by-law is passed: a) you will not be entitled to appeal the decision to the Local
Planning Appeal Tribunal; and b) you will not be able to participate at a hearing of an appeal before
the Local Planning Appeal Tribunal, in the opinion of the Board or the Tribunal, there are
reasonable grounds to do so.
Faye Langmaid, MCIP, RPP
Acting Director of Planning Services
I:\^Department\Application Files\ZBA-Zoning\2019\ZBA2019-0015 1535 Ovens Road Newtonville\Public Notice\PM Notice_Nov'2019.Docx
Page 13
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BRIEFING NOTE
DEMAND THE RIGHT COALITION OF ONTARIO MUNICIPALITIES
GIVING ONTARIO MUNICIPALITIES THE “RIGHT TO APPROVE”
LANDFILL DEVELOPMENTS IN THEIR OWN COMMUNITIES
PURPOSE
The purpose of this briefing note is to provide background information on an emerging issue for
municipalities, and a campaign to change provincial legislation that would give municipalities the right to
approve (or reject) future private sector landfill developments in their communities.
OVERVIEW
Ontario has a garbage problem, and it could soon be coming to your community.
Consider the following:
• Ontario’s landfill capacity (both public and private landfills) will run out of space by 2028-2032,
depending on whether U.S. States continue to accept our waste1;
• Ontario’s overall diversion rate has stalled over the last 15 years, with only 30% of waste diverted to
recycling, composting or re-using, and 70% going to landfills2;
• Based on Ontario Ministry of Environment data, Ontario generates over 8 million tonnes of waste
annually that goes to landfill3.
To put this into context, 8 million tonnes of garbage would fill Toronto’s Rogers Centre to the roof over
90 times a year.
This garbage has to go somewhere. Based on current waste volumes, and Ontario’s remaining
capacity, we estimate that there will need to be five to 10 “mega dumps” identified, sited and
approved in Ontario municipalities in the very near future. Some private sector companies are already
targeting potential sites. This could mean YOUR municipality, whether you like it or not.
THE ISSUE
Under Ontario’s current Environmental Assessment legislation, municipal governments do not have the
right to approve (or reject) landfill developments. The current process is in the hands of the Province
and favours private sector waste companies over the rights of municipalities. Whether an impacted
municipality wants to host a future landfill, or not, makes little difference.
Municipalities DO have the right to approve most developments in their communities. In fact,
municipalities have exclusive authority to approve:
• Casino gaming facilities, O.Reg 81/12
• Nuclear waste storage, via the federal NWMO’s siting principles
• Hosting cannabis retail
However, when it comes to landfill projects, municipalities do not have the right to say no if they are
identified by a private sector waste company.
1 2019. Ontario Waste management Association. State of Waste in Ontario: 2018 Report, p.34.
2 2019. Ministry of Environment, Conservation & Parks. Reducing Waste & Litter in Our Communities: Discussion Paper.
3 Ibid.
Page 14
2
WHICH COMMUNITIES ARE BEING TARGETTED?
Municipalities that have quarry or mining operations (440 sites), or existing landfills (880 sites) are the
most likely targets, but any municipality outside the City of Toronto to the provincial border is a
potential host for new landfill developments, whether they like it or not. Several “mega dumps” will
need to be approved in the very near future to accommodate the volume of waste that is coming, with at
least five to 10 in the near future.
The current system allows private landfill operators to essentially ignore the concerns of local residents
and municipal Councils, essentially placating them with consultations, but no real role in the process.
The existing system is based on a 1950’s view of municipalities. We believe this needs to change.
ABOUT THE CAMPAIGN: THE DEMAND THE RIGHT COALITION
It is time Ontario passes legislation that gives municipalities the right to approve landfill projects.
The Demand the Right Coalition of Ontario Municipalities includes municipal leaders across Ontario
and is calling on the Province to pass legislation that will give municipalities the right to approve landfill
development as part of a modernized EA process. Campaign highlights include:
• Over 120 municipalities have formally approved a motion in their Councils, representing over six
million Ontarians, calling on the Province to act (please see our website for the current list:
www.demandtheright.ca);
• Support from the Ontario PC Party, and Ontario NDP Party, including a letter from Ontario PC
Leader Doug Ford committing to implementation of this policy (please see attached);
• The Ministry of Environment’s Waste Discussion Paper (2019) identifies this issue, and states that
the government is considering policy options to give municipalities greater authority when it comes to
landfill development.
We are getting close, but WE NEED YOUR HELP to ensure the Province delivers on this issue, for our
communities, and for our future.
OUR ASK
This campaign is NOT opposed to landfill development. It is aimed at levelling the playing field, and
ensuring impacted municipalities have the right to say yes or no to these projects, and that these
decisions be respected.
We believe municipalities should have the right to approve or reject landfill projects and assess whether
the potential economic benefits outweigh environmental concerns. A new process must ensure that
both a comprehensive EA process is completed, AND that impacted municipalities have the right to
choose whether to accept these projects, or not.
As a municipal leader, we are asking that you do three things:
1. Introduce our motion in your Council, which calls upon the provincial government to pass
legislation that grants municipalities the right to approve (or reject) landfill projects. You can
access the motion by visiting this link:
https://docs.wixstatic.com/ugd/a0d3a0_38e5eb4dc87044e3974271bac0b1c3fe.pdf
2. Write to the Minister of Environment and demonstrate YOUR support for taking action on this
issue, with a copy to your local MPP and to us. (Please see the attached letter).
3. Help spread the word to your municipal colleagues, and follow us on Twitter at @ApprovalRights.
Page 15
3
MORE INFORMATION
• To learn more, please email us at: ApprovalRights2019@gmail.com
• Please visit: www.demandtheright.ca
• Follow us on Twitter: @ApprovalRights
Please recycle.
Page 16
1
[DATE]
The Hon. Jeff Yurek MPP
Minister of Environment, Conservation & Parks
College Park, 5th Floor
777 Bay Street
Toronto, ON
M7A 2J3
Re: Granting Municipal Right to Approve Landfills in Ontario
Via electronic mail: minister.mecp@ontario.ca
Dear Minister Yurek:
Your Ministry’s recent Discussion Paper highlights many of the challenges in our
province when it comes to managing our residential and institutional, commercial and
industrial (ICI) waste. In addition to the proposed overhaul of Ontario’s Blue Box
system, and other measures, I am writing to urge you to implement legislative changes
that formally recognize and entrench the right of municipalities to choose whether or not
to host future landfill developments proposed by the private sector in our communities.
As you know, Ontario municipal governments currently do not have the right to say yes
or no to landfill development projects proposed by private sector waste companies.
Whether an impacted community supports the development of a landfill, or not, makes
little difference as the existing process is led by the province and favours private sector
companies.
The fact is, Ontario municipalities have authority to make decisions for themselves in
several areas. Indeed, we have exclusive authority and approval rights for other
“sensitive” developments, including casinos, cannabis retail stores, and even nuclear
waste storage sites. In these examples, despite municipalities having a veto over
hosting these types of developments in their communities, MANY have chosen to say
“yes” – even for nuclear waste storage.
However, when it comes to landfill approvals, we are left on the sidelines. We are
consulted, but whether we are willing to have these projects in our communities, or not,
makes no difference.
We want to change this. We want to level the playing field so that our voices on behalf
of our communities are respected in a modernized approval process – one that
recognizes the legitimate role that municipalities must have in these decisions. Only
then can impacted municipal governments determine if the value such a landfill may
bring can outweigh the concerns of residents and stakeholders.
Page 17
2
I urge you as Minister of the Environment to provide all municipalities with the right to
say yes or no to hosting landfill projects. This should be a local decision of impacted
municipalities, in addition to the completion of a comprehensive environmental
assessment overseen by the Ministry. The Premier promised this in writing during the
2018 election, and we urge you to deliver on this important policy proposal.
Sincerely,
[Name and Title]
CC: [Local MPP]
Demand the Right Coalition of Ontario Municipalities, via email:
ApprovalRights2019@gmail.com
Page 18
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
Report PSD-039-19 was referred to the Planning and Development Committee Meeting
for December 2, 2019. The report was originally considered at the September 9, 2019
meeting and referred to the September 30, 2019, October 22, 2019, and November 12
Planning and Development Committee Meetings to give Staff and Mr. Hoy the
opportunity come to a consensus concerning his proposal.
A memo was provided to Committee in advance of the November 12 meeting advising
that staff were awaiting revised drawings from Mr. Hoy that appeared to achieve a
favourable compromise. Staff would then prepare an addendum report to PSD-039-19
with a possible amending by-law to Interim Control By-law 2018-083 to address
deficiencies in complying to the zone regulations.
Although general agreement has been achieved on the elevation of the proposed
dwelling for 10 Victoria Street, unfortunately at this time staff have not received a plan
detailing where the house will be situated on the lot, what the setbacks and lot coverage
will be and how the proposed dwelling conforms with the zoning regulations contained
in the Interim Control By-law.
Mr. Hoy has advised that he will be travelling south for a period of time and was not
looking to start construction until the Spring on 2020 and therefore, although looking to
get a resolution, has been less of a priority.
Therefore, it is recommended that the Report PSD-039-19 be referred to staff for an
addendum report the Planning and Development Committee once all the information
has been received and remaining issues resolved.
Carlo Pellarin
cc: Faye Langmaid, Acting Director of Planning Services
Andrew Allison, CAO
\\netapp5\group\Planning\^Department\PLN Files\PLN 8 Other By-laws\PLN 8.6 Interim Control By-law\PLN 8.6.1 - 10 Victoria Street\MEMO_MMC_K. Hoy_Dec'2'19.docx
To: Mayor and Members of Council
From: Carlo Pellarin, Manager of Development Review, Planning Services Department
Date: December 2, 2019
Subject: PSD-039-19 Exemption Request for 10 Victoria Street from Interim Control
By-law
File: PLN 8.6.1
Page 19
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: December 2, 2019 Report Number: PSD-052-19
Submitted By: Faye Langmaid, Acting Director of Planning Services
Reviewed By: Andrew C. Allison, CAO Resolution#:
File Number: ZBA2019-0015 By-law Number:
Report Subject: Rezoning to facilitate 3 severances at 1535 Ovens Road in Newtonville
Recommendations:
1. That Report PSD-052-19 be received;
2. That the proposed Zoning By-law Amendment application, submitted by Will &
Nancy Vanniejenhuis, continue to be processed and that a subsequent
recommendation report be prepared; and
3. That all interested parties listed in Report PSD-052-19 and any delegations be
advised of Council’s decision.
Page 20
Municipality of Clarington Page 2
Report PSD-052-19
1. Application Details
1.1 Owner: Will and Nancy Vanniejenhuis
1.2 Agent: Rich Bouma
1.3 Proposal: Proposal is to rezone the property from “Agricultural (A)” to
facilitate the creation of 3 new lots at 1535 Ovens Road in
Newtonville.
1.4 Area: The subject lands are 8.7 ha (21.5 acres). Each proposed lot
is approximately 1 acre (4,000 square metres), which leaves
a retained lot of approximately 18 acres (7.4 ha).
1.5 Location: 1535 Ovens Road, Newtonville
1.6 Roll Number: 1817-030-010-13450
1.7 Within Built Boundary: No
2. Background
2.1 On September 6, 2019 the Municipality received an application to amend Zoning By-law
84-63. The purpose of the rezoning is to facilitate the severance of three new lots within
the hamlet of Newtonville. The property is currently zoned “Agricultural (A)”, which would
not permit the proposed 1 acre lots due to the minimum lot area requirement of 40
hectares in the Agricultural Zone. The applicants are requesting a portion of the lands be
rezoned to permit the three lot severances, consistent with the Clarington Official Plan
designation.
Report Overview
The Municipality is seeking public input on an application to rezone a property located within
the Hamlet of Newtonville from Agricultural (A) to an appropriate zone to facilitate the
creation of 3 new lots.
The existing lot contains a single-family dwelling, accessory buildings, agricultural lands and
environmental features.
As part of the application process, the applicant was required to submit an Environmental
Impact Study and a Hydrogeological Study to determine the development limits and if there
will be any impacts on the natural heritage features. The Municipality and agencies will
review the findings of the studies to determine development limits, in accordance with
policies and regulations.
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2.2 The applicant submitted the following studies and reports in support of the development.
These studies and reports have been reviewed by staff and agencies and are
summarized in Section 7 of this report.
Environmental Impact Study, prepared by Niblett Environmental Associates Inc.
Hydrogeological Assessment, prepared by GHD
Site Screening Questionnaire, prepared by GHD
2.3 On September 23, 2019 the Municipality deemed the application complete and circulated
it to agencies and departments for comments. Comments were forwarded to the applicant
on November 7, 2019. A summary of the comments is contained in Section 9 and 10 of
this report. The applicant has indicated that they will be submitting revised reports and
drawings in order to address the comments.
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3. Land Use Characteristics
3.1 The subject lands are located within the hamlet of Newtonville on the east side of Ovens
Road. The existing lot contains a single family dwelling, accessory buildings, agricultural
lands, a pond, and environmental features. It is located just south of Regional Highway 2
and north of Highway 401. The subject property is serviced by municipal water and
privately serviced for sewage. The lands gradually slope towards Highway 401.
3.2 The surrounding land uses are as follows:
North – Single detached residential homes on large lots and further north is Regional
Highway 2
South – One residential lot and Highway 401
East – Predominantly agricultural fields and wooded areas
West – Predominantly wooded areas and Bouchette Point Creek
4. Provincial Policy
Provincial Policy Statement
4.1 Rural settlement areas are to be the focus of growth and development in order to achieve
the long term economic prosperity of Ontario communities. Appropriate use of land within
these areas are based on efficient use of land, resources, and infrastructure, and to
minimize public expenditures. The proposal to create three additional lots represents an
opportunity for infill development within a hamlet utilizing existing municipal water
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services and road infrastructure. Development should avoid any risks to public health and
safety and minimize any impacts on the natural environment.
Greenbelt Plan
4.2 Newtonville is a hamlet within the Protected Countryside of the Provincial Greenbelt Plan.
Hamlets are subject to the policies of the Growth Plan and the local Official Plans and
must have regard for the greater connectivity of the natural heritage system and its
functions. Limited growth is permitted through infill and intensification of hamlets, subject
to appropriate water and sewage services.
Growth Plan
4.3 Municipalities are encouraged to plan for a variety of cultural and economic opportunities
within rural settlement areas to serve the needs of rural residents and area businesses.
New multiple lots or units for residential development will be directed to settlement areas,
such as the hamlet of Newtonville.
5. Official Plans
Durham Regional Official Plan
5.1 The subject site is designated “Hamlet” in the Durham Region Official Plan. Hamlets
consist of predominately single detached dwelling units. New developments within
hamlets are required to complement existing building types. Hamlets may accommodate
limited growth if they are considered suitable for further development.
5.2 The hamlet of Newtonville is serviced by municipal water and privat e sewage disposal.
Further discussion regarding servicing of the proposed lots is contained in Section 9 -
Agency Comments and Section 11 – Discussion of if this report.
5.3 The Official Plan identifies Key Natural Heritage and Hydrological Features in the
southern and eastern portion of the site. The creation of new lots for development is not
permitted in these features, including their associated vegetation protection zone. The
location and extent of the features and their associated vegetation protection zones, are
to be refined in more detail through site-specific studies.
Clarington Official Plan
5.4 The Clarington Official Plan designates the property “Hamlet”, “Environmental
Protection”, and “Greenspace”. The predominant use of lands within the hamlet
designation shall be residential uses, specifically, single detached dwellings. Individual
land severances may be considered provided they do not jeopardize the future
development of the hamlet. Any new residential lot, with or without a municipal water
system shall:
Have a minimum lot size of approximately 0.4 ha (1 acre);
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Meet the requirements of the Durham Region Health Department;
Provide a primary and reserve area for a conventional septic tile field area; in the
event that development is serviced by approved alternatives, the size of the
residential lot may be reduced subject to appropriate studies; and
Provide a technical report that demonstrates that there is no adverse impact on
adjacent wells and septic systems and meets provincial guidelines f or assessing
water supply and risk of water quality impact.
5.5 In Newtonville, the policies allow the minimum lot size to be reduced below 0.4 ha
provided an engineering study, satisfactory to all approval agencies is submitted.
5.6 The creation of new lots for development is not permitted in natural heritage or
hydrologically sensitive features or their respective vegetation protection zone. The EIS
has identified environmental features, including threatened species habitat, on the subject
lands. Confirmation from the Ministry of Natural Resources and Forestry is required to
ensure development can proceed in the threatened species habitat area.
5.7 The Official Plan policies allow the refinements of the natural heritage feature boundaries,
through a site specific study, without the need for an amendment to the Official Plan.
Confirmation is also required to ensure that the proposed lot lines and any new
development is outside the features and the vegetation protection zone.
6. Zoning By-law
6.1 The property is zoned “Agricultural (A)”. Under the Agricultural Zone, the minimum lot
area and frontage requirements are greater than the requirements in a “Residential
Hamlet” Zone, therefore limiting the ability to sever the subject property. The agricultural
zone is used in many settlement areas to recognize historical land uses. The Zoning By-
law has not been updated to recognize the areas within the settlement boundaries that
have development potential. The historical zone remains in place until the property can
be further evaluated and zoned appropriately.
6.2 The rezoning application was submitted to facilitate the proposed severances and update
the zoning for this specific property.
7. Summary of Background Studies
Environmental Impact Study
7.1 The applicant retained Niblett Environmental Associates Inc. to prepare an Environmental
Impact Study (EIS) to support the development proposal.
7.2 The EIS concluded that the proposed severances would not result in negative impacts on
the natural heritage features or their functions, provided that the proponent follows the
mitigation measures recommended in the report, including the requirements to consult
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with the Ministry regarding the presence of the threatened species habitat and
appropriate mitigation measures.
7.3 Staff and commenting agencies have reviewed the EIS and have identified comments to
be addressed by the applicant’s consultant, including:
Defining the potential building envelope for a new single detached dwelling and
the septic bed area on the retained lands. This is especially important since the
proposed retained lot does not have a dwelling on it, and this is where all the
natural features are located;
Providing an illustration which clearly indicates that the proposed lot lines will be
outside the natural heritage features and the minimum vegetation protection zone
(MVPZ). The southern lot appears as though it would encroach into the Mi nimum
Vegetation Protection Area. The natural features and the MVPZ cannot be
included in the proposed lots; and
Further clarification of the exact location of the fish habitat and the significant
woodlands, as well as their associated vegetation protection zone on the
property.
Hydrogeological Assessment
7.4 A Hydrogeological Assessment was prepared by GHD to support the development. The
report concludes that the installation of the proposed sewage disposal systems will not
result in unacceptable degradation of the shallow groundwater. The severed properties
will be serviced by Municipal water.
7.5 Staff have reviewed the report and provided comments to the applicant. Further revisions
are required to ensure consistency between the EIS and the Hydrogeological
Assessment. The Region of Durham Health Department has indicated that Municipal
water service is available to the subject site from Ovens Road, however the watermain
ends at the existing residential dwelling. The proponent will be responsible to design and
construct the extension of the watermain and a fire hydrant to facilitate the proposed
severances, to the satisfaction of the Region.
Site Screening Questionnaire
7.6 A site screening questionnaire was prepared by GHD in support of the development
application. The report concludes that the subject lands do not contain any indicators that
there is potential site contamination and therefore the site is suitable for the proposed
severances. The Region of Durham concur with these findings.
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8. Public Submissions
8.1 A notice of the Public Meeting was mailed on November 1, 2019. One Public meeting
sign was posted on the subject property. The notice was posted on the municipal website
and in the Clarington E-update.
8.2 At the time of writing this report, no area land owners or residents have contacted staff
regarding the proposal.
9. Agency Comments
Ministry of Transportation
9.1 The Ministry of Transportation has no objection to the rezoning. Any future development
on the retained lands must maintain a minimum 14 metres setback from the MTO
Highway 401 right-of-way.
Regional Municipality of Durham
9.2 Regional Planning provided comments advising that they have no objection to the
rezoning provided that the proponent receive documentation from the Ministry
demonstrating that the proposed development will have no negative effects on the
identified threatened species, prior to passing the zoning by-law amendment, or
alternatively be subject to a “H” holding provision.
9.3 The Region also stated that the three severed lots and the retained lot must be
connected to municipal water services and that the existing dug well on the property must
be abandoned in accordance with the Ministry’s regulations. As mentioned in Section 7.5
of this report, the existing watermain will need to be extended further south in order to
facilitate the proposed lots. The cost of this will be the responsibility of the proponent,
including the $6,000/lot buy in rights payment for the watermain extension.
Ganaraska Region Conservation Authority
9.4 The proposed lots are outside the conservation authority’s regulated area and therefore
GRCA has no objection to the rezoning of the proposed lots. The retained lands will have
the potential to build a single detached dwelling, once the severances are approved. The
retained lands contain environmental features. These environmental features should be
identified and zoned appropriately as part of the Zoning By-law Amendment. The
appropriate building envelope for the retained lot shall be reviewed by GRCA staff. GRCA
Staff also have several comments to be addressed in the revised EIS report.
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10. Departmental Comments
Engineering Services
10.1 Engineering Services does not have any objections in principle, to the proposed zoning
change. Further comments will be provided at the land severance application stage.
Emergency and Fire Services
10.2 Emergency and Fire Services does not object to the rezoning.
Building Division
10.3 The Building Division has no comments or objections to the rezoning.
Operations Department
10.4 The Operations Department has no objections to the rezoning. Comments related to mud
tracking to and from the site during construction and vehicle load restric tions were
provided. It was also noted that the construction on Ovens Road for connection to
municipal water must reconstruct the road to good or better condition than it was prior to
hook up. Flow drainage features, such as ditches and swales, are to be maintained at all
times.
11. Discussion
11.1 The subject lands are zoned Agricultural (A) and are requested to be rezoned to
Residential Hamlet (RH) which permits detached dwellings on 4,000 sq.m. lots (1 acre).
As part of this application the Municipality will also zone the natural heritage features, and
their associated setbacks, as Environmental Protection Areas to be consistent with the
Clarington Official Plan policies.
11.2 The proposed Zoning By-law Amendment to facilitate the severances within the hamlet of
Newtonville is generally permitted in the Clarington Official Plan. The Environmental
Impact Study will need to be revised to establish a building envelope on the retained
lands, which contains the natural heritage features and the vegetation protection zone. As
part of any development application, where a property contains a feature, the Municipality
can seek to protect and enhance the feature. This can be achieved by establishing the
limits of the features and their associated buffers and prohibiting development within
these areas. The vegetation protection areas will be included in the proposed
Environmental Protection Zone.
11.3 Staff have had preliminary discussions with the proponent about the revisions or
clarifications to the EIS and the Hydrogeological Assessment. The proponent has been
working in corporation with Municipal Staff to revise the reports and address the
comments.
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11.4 A Holding (H) Symbol can be placed on the property until confirmation has been obtained
from the Ministry on the potential impacts to the threatened species habitat. It will also
ensure that services are constructed to the satisfaction of the Region of Durham and the
Municipality.
11.5 The applicant’s proposal will be further refined through the continued discussions and
review of the application. The purpose of the Public Meeting is to provide an opportunity
for further comments from the public or local residents. The comments received will be
considered as part of the ongoing review of the application and will be addressed in a
subsequent recommendation report.
12. Conclusion
The purpose of this report is to provide background information for the Public Meeting on
the proposed zoning by-law amendment to facilitate the creation of three new residential
lots in the hamlet of Newtonville. Staff will continue to process the application and
prepare a subsequent report once an acceptable resolution of the identified issues has
been completed.
Staff Contact: Nicole Zambri, Planner, 905-623-3379 ext. 2422 or nzambri@clarington.net
List of Interested Parties is available from the Planning Services Departm ent.
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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: December 2, 2019 Report Number: PSD-053-19
Submitted By: Faye Langmaid, Acting Director of Planning Services
Reviewed By: Andrew C. Allison, CAO By-law Number:
File Number: PLN 37.0.1 Resolution#:
Report Subject: Seasonal Sidewalk Patio Program Results, Guidelines, and Procedures
Recommendations:
1. That Report PSD-053-19 be received;
2. That the updated Application Form for Seasonal Sidewalk Patios on municipal property
(Attachment 1) be approved;
3. That the Director of Engineering Services and the Director of Planning Services review
and approve site plans for seasonal sidewalk patios, subject to the provisions outlined i n
the Application for Seasonal Sidewalk Patios and Boulevard By-law 2013-066;
4. That exceptions to the Traffic and Parking By-law 2014-059, Section 20(1) Retail
Services be granted for sidewalk patio locations;
5. That Council approve the allocation of $7,500.00 from each of the Bowmanville and
Newcastle Community Improvement Programs ($15,000 total) to be used to support any
additional restaurants that may apply to participate in the seasonal Sidewalk Patio
Program; and
6. That all interested parties and any delegations be advised of Council’s decision.
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1. Background
Seasonal sidewalk patios were identified by Council as an element that would help to
enliven Clarington’s historic downtowns. Sidewalk patios are located within the municipal
right-of-way for pedestrian-oriented amenities that improve liveability, enhance pedestrian
experience, and support local businesses.
In May 2017 Council adopted the recommendations of Planning Services Department
Report PSD-033-2017 to:
i. Approve a pilot project to permit restaurants in downtown Bowmanville and
Newcastle to use on-street parking to establish seasonal sidewalk patios;
ii. Direct staff to develop guidelines and approval procedures for privately initiated
seasonal sidewalk patios on municipal rights-of-way for the 2018 summer
season; and
iii. Allocate $15,000 from the 2017 and prior years’ Community Improvement Plan
(CIP) grant funds for Bowmanville and Newcastle to provide an incentive to assist
an eligible restaurant with the implementation of a patio.
In January 2018, Planning Services Department Report PSD-006-18 presented guidelines
and approval procedures for sidewalk patios, and Council approved the Application for
Seasonal Sidewalk Patios on Municipal Property.
In developing the Sidewalk Patio Program, staff consulted with restaurant owners in the
Bowmanville and Newcastle downtowns and the applicable Business Improvement
Associations (BIA). The recommended program was based upon (i) assurance that the
patio locations would be available for more than a single season to the restauranteurs in
order to justify their investment in the patio infrastructure (outdoor furniture, lighting, heaters
etc.), and (ii) the ability to serve alcohol within the patio areas.
Report Overview
In 2017, Council approved a pilot project to permit restaurants in downtown Bowmanville and
Newcastle to establish sidewalk patios within Municipal rights -of-way. Staff developed
guidelines and approval procedures in support of the program, and coordinated the design
and construction of patio and sidewalk extension infrastructure at one restaurant location in
each of the two downtowns. This report provides an overview of the 2019 Sidewalk Patio
Program and proposed updates to the program guidelines and application form in light of the
experience implementing the program to date.
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Three-Six Kitchen in Bowmanville and The Snug in Newcastle participated in the pilot
Program and operated patios during the inaugural 2018 season. Staff worked with the
restaurants to ensure the patio platforms met accessibility requirements and were sized to
accommodate the desired number of seats/servers and liquor license requirements.
Feedback collected during and after the 2018 sidewalk patio season from participating
restaurants and patrons were generally positive. Restaurant owners advised the patios
were a success that translated into new customers, and in the case of The Snug, new staff.
Planning Services staff conducted a survey of patio patrons that indicated the sidewalk
patios were a welcome addition, and a number of visitors that had stopped in the downtown
area(s) because of the patios. Often these patrons went on to visit other local shops. Both
Three-Six Kitchen and The Snug operated their patios for the 2019 season.
In 2019, Council adopted the recommendation in Report PSD-002-19, which expanded the
seasonal sidewalk patio program to Orono, and included the allocation of funds from
Orono’s CIP to provide a similar incentive for the platform construction. These funds remain
earmarked should a restaurant in Orono wish to apply.
2. The 2019 Sidewalk Patio Season
Three-Six Kitchen and The Snug operated their sidewalk patios in 2019. In both of these
cases, the restaurant owns their location and has the capacity to include the patio area in
their liquor license. The Snug patio deck required repairs to the railing because of motor
vehicle damage; and modification to the accessible ramp to better address accessibility.
Three-Six Kitchen and The Snug provided the following feedback towards the end of the
2019 patio season:
Three-Six Kitchen advised the patio has been positive for business, and
indicated that while the patio may not be where patrons ultimately ch oose to
dine, its presence draws in more business. The patio has proven to be a popular
dining location on summer evenings. The owner intends to apply to participate in
the program again next year; and
The Snug has advised staff they were pleased with the success of the patio
again this season. They note the success is due to the hard work of restaurant
staff and their commitment to the sidewalk patio initiative, particularly as it relates
to the investment in furniture, décor, vegetation and lighting that make the patio a
desirable place to dine. They believe the patio adds to the tourism draw of
Newcastle. As in 2018, the restaurant was able to employ two additional staff
this season. They have expressed concerns regarding the installation/removal.
This matter is in Section 3.
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Star Apple restaurant in Bowmanville established a patio later in the 2019 season. The
patio is wholly contained on private property and therefore no application was required.
Staff did meet with, advise and assist Star Apple on patio installation.
An additional restaurant in Newcastle has inquired about establishing a sidewalk patio in
2020 along with potential for funding to support the initial construction and set -up. Planning
Services staff has provided the owner with an ove rview of the process and has consulted
with Engineering Services staff who has advised a patio would be possible at their location,
should they wish to proceed. Staff will continue to correspond with the owner in advance
of the 2020 patio season. This report recommends allocation of funds from the Newcastle
CIP program to provide incentive funding for additional restaurants applying to participate
in the Sidewalk Patio Program in 2020.
3. Guidelines and Approval Procedure for Seasonal Sidewalk
Patios
In 2018 Municipal staff developed a Seasonal Sidewalk Patio Application Form. The Form
has since been updated to reflect feedback received on the process, experience gained
through the implementation of the program and the actual operating costs (Attachmen t 1).
The Municipality is responsible for design and construction of the patio infrastructure in
order to ensure any rerouting of the sidewalk is carried out in a safe and appropriate
manner. The Municipality also provides off-site winter storage of the patios. In the past the
set-up/take-down of the patio has been carried out by a contractor arranged by the
Municipality, the cost of which is intended to be covered by the Sidewalk Patio License
Fee. This fall and moving forward Operations staff will inst all/remove existing patios.
Restaurant owners are responsible for the patio area on the existing sidewalk, including
planters, furniture, heaters, lighting etc., and are required to provide site plan drawings of
the patio area proposed to occupy municipal property.
In 2019, costs of installation and removal of Three-Six Kitchen’s 25m2 patio and The Snug’s
45m2 patio were approximately $2,000 and $4000, respectively when using a contractor.
After two sidewalk patio seasons, it is evident the current annual Sidewalk Patio License
Fee of $1,500.00 paid by applicants would not be sufficient to cover the Municipality’s costs
associated with the installation and removal of the patio infrastructure if this work continued
to be done by a outside contractor and in no way does it address loss in parking revenue.
This fall Operations staff, working with some specialized rental equipment, were able to
remove both patios at a reduced cost. Considering both the rental of specialized equipment
and staff time staff recommends an increase of 15% for the Sidewalk Patio License Fee to
a total of $1,725 per location, commencing with the 2020 sidewalk patio season. In future
years, the fee would become subject to the annual increase applicable to other Planning
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applications (e.g. 3%). The Application Form appended as Attachment 1 reflects this
updated fee.
Staff have consulted with the owners of Three-Six Kitchen and The Snug regarding the
change in operating costs, and the proposed change in the Sidewalk Patio License Fee.
Three-Six Kitchen and The Snug have indicated no objection to the change in fee to
$1,725. They have both indicated their intent to participate in the Program in 2020.
Restaurants applying for sidewalk patios are responsible for obtaining (i) the necessa ry
insurance to address municipal right-of-way occupancy, and (ii) a liquor licence to cover
the sidewalk patio area. Council direction was to restrict applications to restaurants that
have liquor licences and are open in the evening and on weekends. This requirement was
meant to address the goal of “enlivening the downtowns”. Council may wish to reconsider
whether a restaurant must have a liquor license and be open in the evening and on
weekends.
Coffee shops and cafes that do not have liquor licences have historically placed tables and
chairs adjacent to their storefronts. Provided this street furniture is maintained by the café
owner and does not narrow the sidewalk beyond 1.8 metres, they have been allowed.
However, should the furniture impede pedest rian access, Municipal By-law Enforcement
has the right to remove the impediment as outlined in the Boulevard By-law 2013-066.
The Application Form and patio design requirements have been reviewed with the
Accessibility Coordinator and the Accessibility Advisory Committee. All patios must
maintain the requirements of the Accessibility for Ontarians with Disabilities Act. Seasonal
Sidewalk Patio Applications are reviewed to ensure the location, design and layout and
ingress/egress meet the applicable requirements under the Act.
4. Community Support
Staff is not aware of any adverse feedback from the community relating to the program in
2019. Feedback during 2019 has been relatively minimal, the community appears to have
embraced the presence of sidewalk patios during the summer months. The restauranteurs
have indicated that most patrons enjoy the opportunity to select whether they sit inside or
outside.
The BIAs and CIP Liaison Groups were consulted on the implementation of the Sidewalk
Patio Program. Subsequent to the first season in 2018, the BIAs agreed the outdoor patio
served as a people generator, and enlivened the street. Initial concerns relating to safety
and loss of parking appear to have been addressed by having the pilot program. CIP
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Liaison Group members feel the program has been successful and support continuation
and expansion of sidewalk patios.
At the October 2019 meetings, Planning Services staff advised CIP Liaison Group
members of the proposed Sidewalk Patio License Fee increase to cove r the actual
installation/removal costs. Bowmanville members inquired as to potential of a grant to cover
the fee in light of the positive contribution of sidewalk patios to the downtown. Newcastle
CIP Liaison Group members supported staff’s efforts to establish an alternative
installation/removal arrangement with The Snug to enable the restaurant’s continued
participation in the Program.
Interest in the Sidewalk Patio Program has been expressed by an additional restaurant in
Newcastle, and new restaurants will soon be opening in Bowmanville. In support of the
expansion and continued success of the Sidewalk Patio Program, staff recommends the
allocation of funding from the Bowmanville and Newcastle CIP funds to support new
participants in the Sidewalk Patio Program. The previously allocated Orono funding
remains available.
Clarington Tourism has featured outdoor patios as part of its promotions in recent years.
Tourism operators have received positive feedback from visitors that sidewalk dining
opportunities are appreciated. At this time there does not appear to have been a negative
effect on the parking supply in the downtown areas. Each application will be considered
by Engineering Services.
5. Concurrence
This report has been reviewed by the Director of E ngineering Services and the Director of
Operations who concur with the recommendations.
6. Conclusion
The purpose of this report is to provide an overview of the 2019 sidewalk patio season, and
the proposed updates to the Program guidelines and application form. Staff has received
positive feedback from the community regarding the sidewalk patios.
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Existing sidewalk patios have been successful in animating the street and drawing visitors
to the downtown areas. Interest in the Program has been expressed by additional
restaurants. Increased funding support has been requested by CIP Liaison Groups and
businesses to allow for additional participation in the Program.
Revisions have been made to the Application Form an d Sidewalk Patio License Fee that
clarify requirements and address cost recovery. Staff will continue to work with
participating restaurants to ensure the continued success of the outdoor patios.
Staff Contact: Sarah Allin, Planner II, 905-623-3379 extension 2419 or sallin@clarington.net.
Attachments:
Attachment 1 – Seasonal Sidewalk Patio Application Form; 2020
The following interested parties will be notified of Council's decision:
Three-Six Kitchen
The Snug
The New Massey House Restaurant
Bowmanville, Newcastle, Orono CIP Liaison Groups
Bowmanville, Newcastle, Orono BIAs
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Attachment 1 to
Report PSD-053-19
Page 1 of 7
If this information is required in an alternate format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Seasonal Sidewalk Patios on Municipal
Property
Application Form
Municipality of Clarington
Planning Services Department
Please ensure all information is included in the application. Incomplete applications will
not be accepted. Please return this application by 4:00 PM on or before March 1st.
Business Information
Owner Name:
Phone Number:
Registered Name of Business:
Operating Name of Business:
Street Address of business:
Postal Code:
E-Mail:
After Hours Contact 1 Name:
Phone number:
After Hour Contact 2 Name:
Phone Number:
Checklist
Requirement Y/N
Copy of complete application for seasonal sidewalk patio
Copy of the vendor permit for the business
Site plan including dimensions (see appendix A)
Copy of current liability insurance (see appendix B)
Copy of AGCO liquor license for principal establishment and sidewalk patio
Patio Sidewalk License Fee payment cheque
Municipal Information Form for the Alcohol and Gaming Commission of Ontario
(AGCO)
Fees
Municipal Information Form for the AGCO
No charge
No charge
Fire Review and Inspection
Building Review and Inspection
As per the Fees By-law, as amended
$153.47 Patio Sidewalk License
$1,725
All applicable fees, as detailed in this application and/or as cited in the Municipality of
Clarington’s Fee By-law, as amended from time to time, must be submitted with the
completed Application.
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Attachment 1 to
Report PSD-053-19
Page 2 of 7
I/We hereby make application to the Corporation of the Municipality of Clarington
(“heretofore and hereafter “Clarington”) to occupy the right of way for the purpose
described and agree to abide by the conditions of this permit and other applicable
Municipal bylaws. I/We agree to assume all liability and/or cost as a result of road
occupancy to maintain the work area and to indemnify and save harmless Clarington
until final completion and approval. I understand this is a competitive process and that
application for a patio does not guarantee that I will be selected. I understand that the
project is not guaranteed to continue in future years.
Agreement
I, the undersigned have read and understood the information provided and agree
to abide by all conditions and provisions listed on this permit application, and
permit, if issued.
Authorized Representative
Name: ___________________________
Signature:_________________________ Date: __________________
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Attachment 1 to
Report PSD-053-19
Page 3 of 7
Appendix A – Site Plan and Design Requirements
Your patio design must conform to the following requirements.
Site Plan Requirements:
a. Location and dimension of the patio entrances, exits, and access to
washrooms, in accordance with the Integrated Accessibility Standards for
the Design of Public Spaces.
b. Location and use of the adjacent buildings and their entrances and exits.
c. The location and dimensions of the patio and its entrances and exits.
d. Area of the patio in square metres
e. Width of sidewalk occupied in metres
f. Length of sidewalk occupied in metres
g. Number of parking spaces occupied
h. Width of sidewalk that will remain unobstructed (to be at least 1.8 metres)
i. The location and dimension of any enclosures, umbrellas, tents, awnings, etc.
j. The location, height, and construction material to be used for the boundary fence,
gate location, and width of gate
k. Location of fire extinguishers
l. Location of tables, chairs, other furniture or installations, etc. and the distance
between them to demonstrate how your patio will be accessible to patrons with
limited mobility
m. Location of all municipal services and/or assets within or adjacent to the patio (e.g.
location of curbs, municipal parking spaces, sidewalks, hydrants, storm sewer
grates, manholes, trees, hydro poles, streetlights, benches, garbage cans, sign
poles, etc). Identify whether any of these elements would need to be removed or
relocated to accommodate the design. Additional fees may apply for removal or
relocation, if such modification is permitted)
n. The access to municipal improvements such as trees
o. The location of Durham Region or GO Transit stops close to the patio
p. The address of your business
q. The number of seats on your patio
r. The maximum occupant load of your business and patio according to the
Ontario Building Code
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Attachment 1 to
Report PSD-053-19
Page 4 of 7
Design Requirements
a. All patios must maintain the requirements of the Accessibility for Ontarians with
Disabilities Act. These guidelines set out basic requirements of the AODA. It is
the responsibility of each business to ensure their own compliance with the Act.
b. A minimum passable sidewalk width of 1.8m must be maintained at all times to
ensure accessibility for pedestrians.
c. Patios are not permitted to reduce the width of the traffic lanes of the public street.
A minimum street width of 6m must be maintained at all times to ensure adequate
width for emergency vehicles
d. Patios are not permitted to occupy more than 2 parking spaces.
e. Entrances to the patio, aisles within the patio, and all public areas must be
maintained in a manner that ensures the accessibility of patrons of all levels of
ability (preferably 860mm).
f. Design materials must be in keeping with the heritage character of
downtowns . Plastic and polyvinyl is not permitted. Composites are permitted
provided their appearance mimics the above-described materials. For input
on potential design concepts, contact the Planning Services Department.
g. Awnings, umbrellas and other fixtures must be maintained.
h. Barriers between the sidewalk extension and the patio should feature
planting boxes and be maintained by the restaurant.
i. No objects are permitted to overhang the sidewalk.
j. The Applicant may only occupy and use the outdoor patio after any installed
structures have been approved in writing by Clarington.
Clarington responsibilities:
k. Temporary sidewalk design, location and dimensions, grade, construction
material, safety and load bearing will be Clarington’s responsibility. Construction
will be by a contractor.
l. Exterior barriers jutting into on-street parking spaces must be affixed with high-
visibility reflective markers for nighttime visibility.
m. Wooden sidewalk extensions may include safety traction tape to reduce the
chances of pedestrians slipping.
n. Installation, removal and winter storage of constructed temporary sidewalk or patio.
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Attachment 1 to
Report PSD-053-19
Page 5 of 7
Appendix B – Liability Insurance Requirements
Please provide proof that you are compliant with the following liability insurance
requirement
You must hold and provide General Liability Insurance from an insurer licensed in the
province of Ontario for $2 million per occurrence with an aggregate limit of no less than
$5 million to the Corporation of the Municipality of Clarington against any liability for
property damage or personal injury, negligence including death which may arise from the
applicants operations under this agreement. The Corporation of the Municipality of
Clarington must be included as an “Additional Named Insured”. In addition the
Commercial General Liability shall contain Cross Liability and Severability Clauses and
Products & Completed Operations coverage including a standard contractual liability
endorsement.
Appendix C – General Conditions
Your operation of an outdoor patio must conform to the following requirements.
General conditions
a. Any person or persons intending to occupy a portion of the municipal right of way for
any purpose, including a portion of the sidewalk, boulevard, or on-street parking must
first receive permission from Clarington.
b. Patios will not be installed prior to April 30 and will be removed no later than
October 30. For Bowmanville installation will be after Maplefest and removal prior to
Applefest.
c. Permission to install a patio for a season does not entitle a business to any
right or expectation to be able to install a patio in subsequent seasons.
d. Any required sidewalk extensions must be completed before obstruction of a sidewalk
for construction or operation of a patio.
e. The applicant assumes all maintenance and liability for the patio and may be required to
undertake alterations or repairs as are required by Clarington to maintain safety and
accessibility.
f. Clarington retains the right to access the patio and/or sidewalk extension if needed for
maintenance or emergency access to municipal property.
g. Permission to occupy the municipal right of way becomes null and void if the applicant
should fail to meet the requirements set out in this application and other applicable
documents, in which case, Clarington shall be at liberty to take any action it deems
necessary to repair the patio or to reinstate the site to its original condition for public
protection at the expense of the applicant. In all cases the decision of Municipal staff is
final.
h. The applicant shall maintain access to all public and private properties for the duration
of the work.
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Attachment 1 to
Report PSD-053-19
Page 6 of 7
i. All municipal property, including the sidewalk, lighting, or other features will be
returned to their initial condition or repaired of any damages. Damages not repaired
by the applicant will be repaired or replaced by Clarington at the applicant’s cost.
j. No business shall be eligible to operate an outdoor patio unless the business is
in compliance with all Clarington’s requirements.
k. The Applicant shall be deemed to be the “constructor” and the “owner” for all purposes
under the Occupation Health and Safety Act for the railings and restaurant features on
the sidewalk. The Applicant shall further be deemed to be the “occupier” for all
purposes under the Occupiers Liability Act.
l. The Applicant agrees to indemnify and save Clarington harmless from and against all
losses, damages, actions or causes of action, suits, claims, demands, penalties,
interest and/or legal fees on a substantial indemnity basis arising in connection with
any matter that may arise from the issuance of a permit hereunder or the activities that
occur on a patio.
m. Clarington retains the right to access any planters, baskets, light posts, or other
infrastructure for watering, maintenance, or other matters. Clarington may elect not to
install planters at the location of the patios.
n. Any costs, expenses or liabilities incurred by Clarington as set out above may be
collected by Clarington by means of invoicing for the costs.
o. The Applicant agrees to provide Clarington with a letter from a qualified person, after
patio construction/installation and before beginning operations, confirming that
construction completed is in general conformance with the approved design.
Operating Requirements
a. Restaurants operating an outdoor patio must be open at a minimum during the
following hours: Tuesday to Saturday: 11:30 AM to 9:00 PM
b. The operations of the business and patio must be in compliance with Clarington’s
Noise By-Law (2007-071) as amended.
c. The owner shall ensure that the area around the patio is kept clear of litter, waste,
cigarette butts, and refuse. The restaurant will inspect on a daily basis.
d. No person shall operate an outdoor patio on any municipal property other than that for
which permission has been granted.
e. No person shall permit the consumption of alcoholic beverages within any outdoor
patio area unless such area is licensed under the provisions of the Liquor License Act
to permit the consumption of alcoholic beverages and unless such outdoor patio
extension is operated in conjunction with a business holding a valid Liquor License.
f. Where such premise is licensed to permit the consumption of alcoholic beverages,
no person shall serve or allow the consumption of alcoholic beverages contrary to
any law.
g. Outdoor patio operations are only permitted during hours authorized by Clarington. At
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Attachment 1 to
Report PSD-053-19
Page 7 of 7
h. The time of application for the 2019 season, operations of the patio must cease
between the hours of 10:00 PM and 7:00 AM. On Fridays and Saturdays in the
months of July and August, patios are permitted to remain open until 11:00 PM. No
person is permitted to be in or remain in the outdoor patio during these hours.
Clarington reserves the right to change these hours.
Appendix D – Post-submission evaluation
Submission of a complete application is not a guarantee of permission being granted for
an outdoor patio. Applications will be evaluated by staff to determine which will be
selected. Applications will be circulated to appropriate departments and partner
organizations for their comments.
Criteria
Criteria Explanation
Location Sites that are located in ways that are complementary to the existing
street design and require less extensive change to existing use and
management patterns will be preferred.
Design Material choice – Appropriate heritage materials and design.
Streetscape – Attractive design elements for both patrons and
pedestrians.
Safety Sites that pose fewer challenges to traffic and pedestrian movement and
sightlines will be preferred.
Accessibility Sites that more fully ensure the accessibility of the sidewalk and patio for
all patrons, in part through greater sidewalk width, will be preferred. Sites
should not reduce accessibility by proposing the displacement of parking
designated for persons with disabilities.
Potential Preference will be given to patios that offer greater potential to
demonstrate the economic benefit of the program.
Page 43
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: December 2, 2019 Report Number: PSD-054-19
Submitted By: Faye Langmaid, Acting Director of Planning Services
Reviewed By: Andrew C. Allison, CAO By-law Number:
File Number: PLN 37 Resolution#:
Report Subject: Community Improvement Plan Programs Annual Report
Recommendations:
1. That Report PSD-054-19 be received; and
2. That all interested parties listed in Report PSD-054-19 and any delegations be advised
of this report.
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Municipality of Clarington Page 2
Report PSD-054-19
1. Background
1.1 Community Improvement Plans (CIP) are a tool available to municipalities under the
Planning Act that allow for the provision of incentives to business and property owners
within an identified geographic area. Council adopted the CIPs for Bowmanville and
Orono in 2005, and Newcastle in 2008. These three CIPs were refreshed and renewed in
2018 with additional grant programs. The Bowmanville, Newcastle, and Orono CIPs
primarily focus on grants for existing buildings, and enhancing the downtown streetscape.
The 2016 adopted Courtice Main Street CIP includes programs that encourage major
development and redevelopment within the Highway 2 Regional Corridor.
1.2 Information regarding CIP programs is available to business and property owners within
the CIP areas via the project page of Clarington’s website, and is distributed directly at
pre-consultation meetings, through front counter inquiries, and through ‘word-of-mouth’
within the community.
1.3 Liaison Groups were established for the three CIPs for the historic downtowns of
Bowmanville, Newcastle, and Orono. The CIP Liaison Groups meet with Planning
Services staff on a quarterly basis. Group members are apprised of CIP related matters,
assist staff with informing business/property owners about CIP programs, and provide
feedback on the effectiveness of the various grant opportunities based upon the
experiences of those who participate in the programs.
Report Overview
The Bowmanville, Newcastle, and Orono grant programs under the Community
Improvement Plans continue to be an effective tool for incenting investment and renewal in
the historic downtowns. The Bowmanville, Newcastle, and Orono CIPs are intended to
encourage investment to improve the appearance and function of buildings in the
downtowns.
The Courtice Main Street Community Improvement Plan was adopted by Council in 2016
and functions in a different manner. Its purpose is to enable the Municipality to respond to
increased development and community growth through a framework of financial incentives. It
includes programs encouraging new, quality-designed high density development and
significant redevelopment along the Highway 2 Regional Corridor in Courtice.
This annual report provides an update and overview of the CIP program activity in 2019 and
funding structure.
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Municipality of Clarington Page 3
Report PSD-054-19
1.4 Following the recent CIP reviews, staff updated existing and created new CIP
communication documents to incorporate the amendments to the CIPs and the grants
programs. The Municipality also incorporated the use of social media into community
outreach, enabling staff to target the CIP areas with relevant information abou t the
available grant programs.
1.5 In 2018, a portion of the CIP grant funds for Bowmanville and Newcastle was allocated to
support the Sidewalk Patio pilot project. The initiative was expanded to include O rono in
2019. Report PSD-053-19 requests similar funding be allocated to support the design
and construction of sidewalk extension and patio infrastructure should additional
applications come forward.
2. CIP Grant Program Activity
Overview of CIP Grant Applications
2.1 Applications for twenty-three (23) different grants associated with twelve (12) properties
were received in 2019. Participation of property/business owners in Bowmanville and
Orono was particularly strong. There were no CIP grant applications received for projects
in Newcastle this year, although steady participation from eligible property owners over
the course of the program’s existence indicates this is likely an anomaly. Similarly, no
application has been received for the Courtice Main Street CIP area; however, there are
planning applications currently being processed that may result in future CIP
commitments in Courtice. A detailed overview of the 2019 CIP Activity Summary is
appended as Attachment 1.
2.2 In 2019, the façade improvement grant continued to be the most popular, followed by the
signage grant and building permit fee grants. These grants are available to business
owners as well as property owners.
2.3 The level of uptake of the CIP grant programs since the recent CIP reviews is an
indication that property/business owners are becoming increasingly aware of the
available opportunities. This may be attributed in part to the increased efforts to distribute
communication materials, and the use of social media in response to feedback received
during the review.
Bowmanville, Orono, Newcastle Community Improvement Funding
2.4 To date, the Municipality has provided funding of $1,126,000 for grants in support of the
CIP programs in the Bowmanville, Newcastle, and Orono downtown areas. CIP grants
represent an investment partnership whereby the grant value is matched by property or
business owners at a ratio of 3:1 or 2:1, based upon eligible costs in accordance with the
specific type of grant in each community. It should be noted that many projects exceed
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Municipality of Clarington Page 4
Report PSD-054-19
this ratio, thereby resulting in the grant comprising a much smaller proporti on of the
overall cost of the project.
2.5 The implementation of the CIP through grant programs has translated into direct public
benefit. Investment in building code and accessibility upgrades, façade improvements to
historic and aging buildings, and signage has contributed to the vibrancy of Clarington’s
central business areas in the form of viable and attractive places to shop and access
local services. It is estimated that the grant contributions have resulted in over $3.5
million in investments in the downtowns.
2.6 Funds that are not committed to grant applications are carried over to the following year.
Each CIP has a portion of carry-over funding from prior years that is available to be
allocated to projects when applications are received. The funding request appears as
part of the Planning Services 2020 budget.
Courtice Main Street CIP Funding
2.7 The Courtice Main Street CIP incorporates two programs, including the development
charge grant program, and the tax increment grant program. Grants issued under the
Courtice Main Street CIP will result in much higher grant values due to its focus on
incenting significant development/redevelopment projects that would provide the new
and/or increased property assessment. Development charge grants are budgeted for
annually in order to meet the anticipated demand for development charge incentives and
are held in a reserve fund. Tax increment grants are related to the increased assessment
value of a property that is due to development or redevelopment which the Municipality
would forgo for a specified period of time.
2.8 Given the site plan applications currently under review within the Courtice Main Street
CIP area, it is likely the demand for development charge grants will exceed the funding
accumulated to date. In 2019, no additional funds were allocated to the Courtice Main
Street CIP’s reserve fund. Planning Services staff have budgeted for funding in its 2020
budget to continue to build the reserve fund.
3. Concurrence
Not Applicable.
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Municipality of Clarington Page 5
Report PSD-054-19
4. Conclusion
The purpose of this report is to provide an update and overview of the CIP program
activity in 2019 and funding framework. The interest in and uptake of the CIP programs
for Bowmanville and Orono has been strong and steady in 2019, with a number of
improvement projects completed. No applications were received in the Newcastle in
2019, however the level of interest in the Newcastle CIP program from previous years
suggests this year is an anomaly. It is anticipated that development applications currently
being processed in the Courtice Main Street CIP area will result in CIP applications. It is
respectfully recommended that Council receive this report for information.
Staff Contact: Sarah Allin, Planner II, 905-623-3379 x 2419 or sallin@clarington.net.
Attachment:
Attachment 1 –2019 Community Improvement Plan Activity Summary
List of Interested Parties available from Department.
Page 48
Attachment 1 to
Report PSD-054-19
2019 Community Improvement Plan Activity Summary
Bowmanville
The non-capital funding provided to date for implementation of the Bowmanville Community
Improvement Plan (CIP) is $666,000. Nearly $480,930 has been expended to date.
Applications for eighteen (18) different grants were received in 2019, while eleven (11) had
been received in 2018. Outstanding commitments are $64,433 in grants. Funding of over
$120,000 from prior years remains.
Many of the grant applications received have multiple addresses, and have been for more than
one type of grant. The 2019 grant applications have consisted of eight (8) heritage building
façade improvements, four (4) signage, three (3) building permit fee, two (2) accessibility
improvements, and one (1) site plan fee grants.
To date, 44 properties have been approved for CIP grants in the form of 39 façade
improvements, 16 building code related improvements, 5 signage, 17 building permit fee, and
6 site plan fee, 6 reconstruction, and 4 accessibility grants.
Newcastle
The non-capital funding provided to date for implementation of the Newcastle CIP is $313,000.
Nearly $213,950 has been expended to date. There were no grant applications received in
2019, while nine (9) were received in 2018. Outstanding grant commitments total $27,391.
Funding of over $71,000 from prior years remains.
The 2019 grant applications have consisted of one (1) façade improvement, one (1) building
code related improvement, two (2) signage, and one (1) infill grant.
To date, 24 properties have been approved for CIP grants in the form of 20 facade
improvements, 13 signage grants, 8 building code grants, 3 site plan control fee, 2 accessibility
grants and 1 building permit fee. Many properties have benefitted from more than one type of
grant.
Orono
The non-capital funding provided to date for implementation of the Orono Community
Improvement Plan is $147,000. In addition, funds have been expended on anniversary
celebrations, brochures, and hall rentals for meetings. Nearly $117,695 has been paid out in
grants.
Applications for five (5) different grants were received in 2019, while four (4) were received in
2018. The 2019 grants applications consisted of 1 façade improvement, 1 upgrade to building
code, 2 signage, and 1 infill grant. Over $26,556 is currently committed. Funding of just over
$2,750 remains from prior years.
Page 49
To date, 28 properties have been approved for the CIP grants in the form of 19 facade
improvements, 23 signage grants, 3 building code grants, and 1 infill grant. In some cases,
properties have received more than one type of grant.
Courtice
The non-capital funding provided to date for Courtice is $146,000. The funding has been used
for street trees along Highway 2 at Courtice Road, the Tooley Memorial, the lighting at the
parkette at Trulls Road and Highway 2 and limited implementation of banners along Highway 2
from Centrefield to Townline Road. Funding of approximately $9,000 remains from prior years.
The Courtice Community Improvement Plan was adopted by Council in late 2016.
Overall Summary of Funding and Applications
Table 1: Summary of Funding Status; Bowmanville, Newcastle, Orono and Courtice CIPs
Funding
Category
Bowmanville Newcastle Orono Courtice
Provided $666,000 $313,000 $147,000 $146,000
Expended $480,930 $213,950 $117,695 $37,000
Committed $64,433 $27,391 $26,556 $100,000*
Remaining $120,000 $71,000 $2,750 $9,000
*for DC grant in reserve
Table 2: Summary of Total Applications by Grant Type; Bowmanville, Newcastle, Orono
Grant Type Bowmanville Newcastle Orono
Façade Improvements 39 20 19
Building Code Upgrades 16 8 3
Signage 5 13 23
Building Permit Fee 17 1 0
Site Plan Fee 6 3 0
Infill/Reconstruction 6 0 1
Accessibility 4 2 0
Total 93 47 46
Page 50
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: December 2, 2019 Report Number: PSD-055-19
Submitted By: Faye Langmaid, Acting Director of Planning Services
Reviewed By: Andrew C. Allison, CAO By-law Number:
File Number: PLN17.1.6 Resolution#:
Report Subject: Environmental Stewardship, 2019 Annual Report
Recommendations:
1. That Report PSD-055-19 be received; and
2. That all interested parties and any delegations be advised of Council’s decision.
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Municipality of Clarington Page 2
Report PSD-055-19
1. Background
1.1 Beginning in 2002, Council has provided annual funding for an ongoing Environmental
Stewardship Program. When approving projects for funding, Staff review projects to
ensure general public benefit, matching in-kind contributions (labour and/or materials),
and how a project meets the long-term objectives of the Municipality.
1.2 The purpose of this report is to inform Council of how the funds were used in 2019.
2. 2019 Stewardship Projects
Trees for Rural Roads
2.1 In 2012, Clarington initiated the Trees for Rural Roads (TRR) program in partnership with
Central Lake Ontario Conservation Authority (CLOCA) and Ganaraska Region
Conservation Authority (GRCA). The goal of the program is to plant trees along country
roads for the benefit of the environment and local communities. Increasing tree canopy
cover improves wildlife habitat and enhances environmental services, including carbon
sequestration and cooling of roadways, while preserving the historical rural aesthetics of
the area. Trees are offered free of charge to rural residents to be planted on private
property adjacent to municipal roadways. Participants have their choice of native tree
species including: sugar and red maples, white pine, white spruce, white birch, and red
and white oak.
2.2 The TRR program is announced through articles in local newspapers, the Planning E -
update and the Municipal website. Applications were received by the March 31 deadline,
and in late April 865 saplings were distributed to 57 rural property owners and planted
throughout Clarington (Attachment 1 – Map of the roadways planted to date).
2.3 Applications are reviewed by the applicable Conservation Authority staff to ensure
planting locations support the intent of the program, do not conflict with infrastructure, and
trees have an appropriate separation from each other and from the road.
Report Overview
Council provides annual funding for an ongoing Environmental Stewardship Program. The
program encourages citizens and groups to carry out initiatives that improve municipal lands,
such as valleylands and natural areas. Since 2011, this program has also included the
replanting of trees along rural roads. The benefits of the program go beyond the monetary
value of the projects, and include increased tree canopy, wildlife habitat, climate change
mitigation, community beautification, local history preservation and community engagement
through volunteerism. In 2019, 875 saplings were planted along rural roads.
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2.4 Since 2013 the program has received partial funding through Maple Leaves Forever
(MLF), a registered charity that advocates and supports the planting of native Canadian
maples across the rural and urban landscape of southern Ontario. Native maples were
subsidized at a rate of one third of the purchase price of the planting stock.
2.5 A feedback survey of TRR participants is undertaken in order to help improve the
program for future years. Participants who responded indicated that they were pleased
with the program, planting information and pickup location. Overall the response and
satisfaction of rural residents with this program and its goals is very positive. In August
overall survival rate appeared to be in the 70 to 75% range, which is lower than previous
years and most likely due to the lack of precipitation during the summer months. Sugar
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Municipality of Clarington Page 4
Report PSD-055-19
maples suffered the greatest loss. It has been suggested the planting information be
provided in advance of pick-up to assist with planting preparation.
2.6 In March 2018, to assist with understanding the impact of the TRR program an analysis
by EcoBusiness Network (formerly Durham Sustainability) quantified the carbon
sequestration provided by the trees. This analysis was part of our contribution to the
Climate Change inventory for Durham Region. Based on the report results, EcoBusiness
estimated that by 2027, the TRR program will divert greenhouse gas emissions
equivalent to the annual emissions from 340 individuals in Ontario.
2.7 Staff anticipate that with the work Operations is about to undertake in the rural area on
removal of trees affected with Emerald Ash Borer that demand in future years for trees
through the TRR program will continue to increase.
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Municipality of Clarington Page 5
Report PSD-055-19
Enniskillen Conservation Area Forest Classroom
2.8 CLOCA is creating a new Forest Classroom feature at Enniskillen Conservation Area as
part of their education program. In 2019, Environmental Stewardship funding of $1,000
was allocated to assist with the building of split rail fencing and a nature playground that
is being installed. The installation will take place this fall and be available for classes next
spring. The purpose is to create a safe contained space wit hin the forest as a classroom.
3. Concurrence
Not Applicable.
4. Conclusion
4.1 The Environmental Stewardship Program in Clarington is an initiative that has been well
received in the community. Since 2002 over $160,000 has been invested in numerous
projects; however, the value of the in-kind contributions multiplies the benefits many
times over. The benefits go well beyond the monetary value of the projects to include
increased tree canopy cover and wildlife habitat, climate change mitigation, commun ity
beautification, local history preservation, and community engagement through
volunteerism.
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Municipality of Clarington Page 6
Report PSD-055-19
4.2 Clarington “led the way” with the TRR program. Both programs have been adopted by
other local municipalities and continue to garner interest. In 2019 presentations on the
TRR program were given at the NECCC and to the Oshawa Environmental Advisory
Committee.
4.3 Additional programs for the renewal of street trees are necessary to address the adverse
effects of the Emerald Ash Borer (another invasive species), canopy damage from severe
storms and climate change. Public street trees, urban forest canopy and forest
management is also being considered through the development of a Corporate Climate
Action Plan for Clarington.
Attachments:
Attachment 1 – Trees for Rural Roads Map of Planting 2012-2019
The following interested parties will be notified of Council's decision:
Central Lake Ontario Conservation Authority
Ganaraska Region Conservation Authority
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(TAUNTON ROAD)
CONCESSION ROAD 5 OCHONSKI ROADREGIONAL ROAD 17(MAIN STREET)GAMSBY ROADVICKERS ROADJEWELPATTERSONROADHENRYCONCESSION ROAD 5 REGIONAL ROAD 18SHILOHROADTOWNLINE ROADEASTGILMOREROADCEDAR VALLEYROADROADCONCESSION ROAD 4COVENROADWALSH ROADLAWRENCE ROADBUCKLEYROADHIGHWAY 35/115BLEWETT
ROAD
SQUAIR ROADROADCONCESSION ROAD 4
GIBSON ROADPOLLARDLOCKHART ROADMOFFAT ROADCONCESSION ROAD 3 ROADGOLF COURSEGRAHAMROADMORGANS ROADARTHUR STREETDURHAM HIGHWAY 2BELLWOODDRIVEDURHAM
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ROADJANESROADCONCESSION ROAD 1
BELLAMY ROADNEWTONVILLEROADLANCASTERROADELLIOTTROADNICHOLSROADEASTTOWNLINEROADWILLIAM ALLINCTCRAGO ROAD
ENERGY DRIVE (BOWMANVILLE AVENUE)(BOWMANVILLE AVENUE)(BOWMANVILLE AVENUE)(BOWMANVILLE AVENUE)
·
2 Kilometres
Lake Ontario
Attachment 1 to Report PSD-055-19
Page 57
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: December 2, 2019 Report Number: PSD-056-19
Submitted By: Faye Langmaid, Acting Director of Planning Services
Reviewed By: Andrew C. Allison, CAO By-law Number:
File Number: PLN 34.2.24.1 Resolution#:
Report Subject: Heritage Incentive Grant Annual Report for 2019
Recommendations:
1. That Report PSD-056-19 be received; and
2. That all interested parties listed in Report PSD-056-19 and any delegations be advised
of this report.
Page 58
Municipality of Clarington Page 2
Report PSD-056-19
1. Background
1.1 The Ontario Heritage Act, 2005 (OHA) enables municipalities to designate properties of
cultural heritage value or interest and identify specific features to be conserved. The
OHA, in conjunction with the provisions of the Municipal Act, also provides municipalities
the opportunity to implement heritage grant and/or tax relief programs, recognizing
heritage properties can be more costly to restore and maintain than newer buildings.
1.2 Clarington’s Property Standards By-law 2007-070 addresses property standards
requirements specific to designated heritage properties, requiring identified heritage
features to be maintained, preserved, and protected.
1.3 The Heritage Incentive Grant (HIG) Program was established in 2013 to assist the
owners of properties designated under Parts IV and V of the OHA with financing the cost
of repairs and restoration. The Program is targeted towards maintaining and preserving
those heritage attributes identified in each property’s designation by-law.
2. Heritage Incentive Grant Program
HIG Program Guidelines and Procedures
2.1 The HIG Program provides owners of designated heritage properties with grants of up to
50% of the costs of eligible works to a maximum of $2,000 for exterior projects, and up to
$1,000 for interior work.
2.2 Eligible works generally relate to the maintenance, repair and preservation of heritage
attributes identified in the property’s designation by-law and may also include
reconstruction of existing heritage features that are beyond repair, required structural
works, and repair of mortar.
2.3 In the spring of each year a letter is sent to owners of designated heritage properties
advising them of the HIG Program and inviting them to submit a HIG Application in
conjunction with Heritage Permit Application, as required under the OHA for a proposed
alteration to a designated heritage property. Applications are required to be submitted by
Report Overview
The purpose of this report is to provide an overview o f Heritage Incentive Grant Program
activity in 2019. The intent of the Heritage Incentive Grant P rogram is to provide owners of
properties designated under Parts IV and V of the Ontario Heritage Act, 2005 with financial
support to assist with the cost of repairs and restoration of their property’s identified heritage
features.
Page 59
Municipality of Clarington Page 3
Report PSD-056-19
the end of May of each year. Grants are administered on a first-come, first-served basis.
However, priority is given to applications for works that address heritage features listed in
the designation by-law.
2.4 Applications are reviewed by the Planning Services Department and the Clarington
Heritage Committee, in cases where a Heritage Permit is required under the OHA. If all
eligibility criteria and HIG Program requirements are met, the Director of Planning
Services may approve the HIG.
2.5 All proposed works are required to be undertaken in accordance with the associated
Heritage Permit and the Ontario Building Code and meet all applicable planning and
zoning requirements. Grants are issued upon the completion of the works to the
satisfaction of the Municipality, and confirmation that property taxes are up -to-date.
Properties that are currently in receipt of other grants or tax incentives from the
Municipality are not eligible for this Program.
2019 HIG Program Activity
2.6 Four applications for HIGs were received in 2019 in response to the letter notifying
designated property owners of the Program. One applicant postponed the proposed
works and withdrew the application with the intent to resubmit in the futu re.
2.7 Funding ranging from 30% to 40% of the total eligible project costs was allocated to the
three designated properties for works that included:
Repair and restoration of curved veranda steps (110 Wellington Street);
Repointing and repair of exterior bricks, including surrounding original arched,
Gothic windows (1848 Concession Road 6); and
Exterior repair and repainting (33 Centre Street).
2.8 At the time of writing, one 2019 HIG project has been completed and paid out. One
project has been completed and grant issuance is being processed. The works at 33
Centre Street have been delayed until the spring of 2020 due to the availability of the
contractor. The availability of contractors with heritage construction experience is an
ongoing issue for many designated property owners.
2.9 During its review of the application submitted for 33 Centre Street, the Heritage
Committee directed staff to extend an invitation for HIG funding to the property at 35
Centre Street, being the other half of a designated semi-detached dwelling, to provide for
the possibility of the entire structure to be repaired and repainted at once. A letter was
sent to the property owner in July 2019, however no response has been received.
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Municipality of Clarington Page 4
Report PSD-056-19
2.10 Uptake of the HIG Program has proven successful, with very little funding unexpended
year to year. Generally, funding that remains unallocated in a given year is carried over
for use in following years. There was no carry-over funding from prior years. The HIG
funding that was offered to 35 Centre Street remains unclaimed at this time and may be
used to support HIG applications in 2020.
2.11 Throughout the year, staff received numerous inquiries about the HIG Program that did
not result in 2019 HIG applications, either due to the timing of the project or the
ineligibility of the proposed works. Others contacted staff to discuss how qualified
contractors can be found for specific types of works.
3. Concurrence
Not Applicable.
4. Conclusion
The intent of the HIG Program is to provide owners of properties designated under Parts
IV and V of the OHA with financial support to assist with the cost of repairs and
restoration of their property’s identified heritage features. HIG Program uptake continues
to be strong in the context of the funding available. 2019 HIG grants ranging from 30% to
40% of total eligible project costs were allocated to designated property owners in
support of their contribution to conserving Clarington’s built heritage fabric. To this end,
31 HIG applications have been approved and $28,650 of grant funding has been issued
since the implementation of the HIG Program in 2013. It is respectfully recommended
that this report be received for information.
Staff Contact: Sarah Allin, Planner II, 905-623-3379 extension 2419 or sallin@clarington.net.
The following interested parties will be notified of Council's decision:
Clarington Heritage Committee
Page 61
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: December 2, 2019 Report Number: PSD-057-19
Submitted By: Faye Langmaid, Acting Director of Planning Services
Reviewed By: Andrew C. Allison, CAO By-law Number:
File Number: PLN 40 Resolution#:
Report Subject: 1987 Bloor Street - Case Study of Site Specific Draft Zoning Mapping
Refinements
Recommendation:
1. That Report PSD-057-19 be received for information.
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Municipality of Clarington Page 2
Report PSD-057-19
1. Background
1.1 Council and staff members have been asked by property owners how the site specific
review process for ZONE Clarington is being carried out and what the potential results of
the site visits will be to the mapping. On November 12, Council requested a report be
provided to demonstrate the results of the site specific re-evaluation and refinement
process. 1987 Bloor Street was identified as the case study site.
1.2 The property owners of 1987 Bloor Street identified to staff and Council members there
are environmental features on their property, and they are no longer actively farming.
However, they wish to retain the right to agricultural uses for their property in the future.
1.3 Table 1 of Report PSD-040-19 outlined an 8-step process for the site specific review of
environmental features. This report outlines how the process was carried out , including
the results and the refinements identified based on the desktop review and site visit. The
refinements will be incorporated into the second draft mapping of the zoning by-law
(release date to be determined).
1.4 Planning Services and Central Lake Ontario Conservation Authority (CLOCA) Staff,
accompanied by Councillors Zwart, Jones, Neal and Hooper (at which time Councillor
Zwart departed), undertook a visit and walkabout of the site with the owners on October
16. The environmental features identified on the base data sets for this site include a
stream, pond, woodlands and wetlands.
1.5 Resolution JC-115-19 directed staff to delete the Environmental Review Area (90 metres)
and Vegetation Protection Zone (30 metres) overlays from the first draft zoning by-law
mapping, which will be incorporated into the second draft zoning by-law.
Report Overview
Council asked that a case study be prepared for the site-specific environmental protection
zoning review process using the property located at 1987 Bloor Street, and that staff report
back with an illustration of how the proposed mapping would change. The purpose of this
report is to demonstrate how the site-specific environmental protection zoning review
process can refine the first draft zoning mapping released in November 2018 and inform the
preparation of the second draft of the proposed zoning by-law (release date to be
determined).
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Municipality of Clarington Page 3
Report PSD-057-19
2. Discussion
2.1 Prior to undertaking a site visit, a desktop review of each property will be carried out by
staff and the agencies involved to determine if refinements could be made based on the
data sets. Some property owners have provided additional detailed descriptions and/or
information from other experts, which assists in the desktop review. If deemed necessary,
a site visit allows staff to listen and confirm the concerns expressed by property owners
and to ensure the edge of an environmental feature is accurately mapped.
2.2 For 1987 Bloor Street, the steps set out in Table 1 of Report PSD-040-19 occurred and
the site was flagged as requiring a site visit due to the overlapping layers of
environmental features and knowledge that the site had been allowed to naturalize after
active agricultural activity ceased. The owners confirmed they would be willing to have
staff visit. Municipal and CLOCA staff met with the property owner on site.
2.3 Invitations to Councillors should, for future site visits, be at the request of and organized
by the property owner.
2.4 The group walked the site with CLOCA’s Ecologist who identified plant species which
indicate both wetlands and woodlands, in addition to the stream and pond on site. The
Ecologist explained her findings to the attendees. Staff observed areas which had been
developed and/or used for agriculture. Areas which could be refined were discussed on
site with the property owner and Council members.
2.5 After the site visit an aerial photo was marked up to reflect areas of the proposed
Environmental Protection (EP) zone which could be refined based on the site visit and
discussion. This aerial photo was provided to CLOCA staff for confirmation of the
refinements.
2.6 For site reviews, once completed, a letter will be provided to the property owners outlining
the findings and proposed map refinements resulting from the site specific environmental
protection zoning review process.
2.7 Under the Planning Act, if you are lawfully doing something on your land to day, whether
cropping the land or living in your house, you are entitled to continue to do that activity in
the future. The existing legal use of land continues, regardless of any zoning change.
This is much like the houses that exist today in the Environmental Protection (EP)
zone. Any changes to zoning as a result of adoption of a new zoning by-law will only
come into play when new development is proposed.
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Municipality of Clarington Page 4
Report PSD-057-19
2.8 The proposed EP zone permits existing farming to continue. A “farm, excluding buildings
and structures” is listed as a permitted use. A farmer can change their farm from one
commodity group to another. If land is being cropped it can continue to be cropped,
regardless of the crop.
2.9 For existing buildings and structures, they can continue to be used as they are currently.
This ability is protected by the proposed General Provision in the draft zoning by-law for
“Non-Conforming Buildings, Structures and Uses”. This is commonly known as
grandfathering.
2.10 For existing building and structure expansions, the Planning Act allows the Municipality to
consider a Minor Variance application process for the proposed development.
Expansions within an environmental feature or natural hazard (e.g. floodplain) will require
an environmental evaluation and site plan application to support the proposal. Often
these environmental evaluations can be carried out by municipal and Conservation
Authority staff, depending on the proposal.
2.11 The Oak Ridges Moraine Zoning By-law 2005-109 had a similar Environmental Review
Area, called the Minimum Area of Influence, which is an overlay extending 90 meters
“from a natural heritage feature and/or hydrologically sensitive feature and its associated
minimum vegetation protection zone area.” While the applicable provisions and
regulations of the underlying zone apply to areas having the overlay, it is a trigger to
require a site plan control application.
2.12 Initially when dealing with site plan applications on the Oak Ridges Moraine, property
owners were asked to hire a consultant to prepare an evaluation regardles s of the size
and potential impact of their development. Acknowledging this was cumbersome and
expensive staff worked with the Conservation Authorities to develop a protocol to scope
the evaluations based on the location and potential impact of the proposal. This practical
approach has drastically reduced the need for formal evaluations.
2.13 In the past 5 years on the Oak Ridges Moraine, of the 39 development applications
received, only 3 required a consultant to prepare an environmental evaluation and 1
required an update to an existing evaluation. The 3 sites requiring an evaluation, all
proposed a new house completely within an environmental feature on an existing, but
undeveloped, lot of record. The evaluations were necessary to determine development
limits with the least amount of impact on the environmental feature. For the other 36
applications, Planning Services and Conservation Authority staff carried out site specific
environmental evaluations to determine the limits of environmental features so residents
could avoid the cost and time required to prepare an environmental impact statement.
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Municipality of Clarington Page 5
Report PSD-057-19
2.14 As part of the first draft zoning by-law, staff are proposing exemptions for Site Plan
Approval. Proposed exemptions include:
Redevelopment within an existing footprint;
Modifications to existing buildings and structures in the existing footprint;
Replacement/repair of a septic systems;
Construction of new garages, sheds, gazebos, pergolas etc. less than 90 square
meters;
Construction of new of decks, patios and porches less than 50 square meters;
and
Proposals separated from an environmental feature by existing development .
2017 Update to Oak Ridges Moraine Conservation Plan and Greenbelt Plan
2.15 As a result of the four-plan review and updates, environmental evaluations for
agricultural, agriculture-related, and secondary on-farm uses within the Environmental
Review Area are no longer required. Now that the two provincial plans no longer require
environmental studies for some agricultural uses, the Municipality can relax the
requirement for Site Plan Approval in the Environment Review Area (known as the
Minimum Area of Influence in the Oak Ridges Moraine By-law).
3. Second Draft Mapping
3.1 For 1987 Bloor Street, the limits of the environmental features present on the property,
and correspondingly the limits of the proposed EP zone have been refined based on the
outcomes of the site specific review process. Refinement edits to the mapping will be
incorporated into the second draft of the zoning by-law.
3.2 Figure 1 shows a comparison of the initial limits of the environmental features based on
the source data (purple line), which informed the preparation of the first draft zoning by-
law, and the refined environmental feature limits based on the site specific review
process (blue line). Figure 2 shows the resulting, second draft zoning by-law mapping for
this property taking into account the refinements made and removal of the Environmental
Review Area (90 metres) and Vegetation Protection Zone (30 metres) overlays, as
directed by Council, by Resolution JC-115-19.
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Municipality of Clarington Page 6
Report PSD-057-19
Figure 1: Comparison of the initial limits of the environmental features and refined limits based
on the results of the site specific review process – Case Study, 1987 Bloor Street
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Municipality of Clarington Page 7
Report PSD-057-19
Figure 2: Comparison of draft zoning by-law mapping pre- and post- completion of the site
specific review process – Case Study, 1987 Bloor Street
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Municipality of Clarington Page 8
Report PSD-057-19
3.3 As a result of Council direction and the desktop site specific reviews carried out to date,
there are a number of general principles that will be considered when the second draft of
the zoning mapping is being prepared. These include:
Removal of the Vegetation Protection Zone resulting in 1 3,300 acres no longer
proposed as being within the EP Zone. The adjacent zone [such as Agricultural
(A) or Rural Residential (RR)] will expand to meet the proposed EP zone limits of
the refined edge of the environmental feature. As a result of the removal of the
vegetation protection zone, the area of land proposed to be zoned EP in the rural
area will decrease from approximately 64,900 acres (first draft zoning by-law) to
approximately 51,600 acres, site specific review could result in additional
removals. In the two existing zoning by-laws, the EP zone covers 32,900 acres.
Consideration of the removal of habitable buildings from the proposed EP zone
outside of hazard lands. Buildings within natural hazard lands, and the ones
currently zoned EP and will continue to be identified in the second draft as
proposed EP zone. Plus, there may be additions proposed because of hazards.
An additional detailed review of the mapping at a “zoomed in” scale will occur to
ensure the necessary edits identified since release of the first draft.
3.4 The draft Zoning By-law contains a regulation in Section 2.3.1(4). The boundary of the EP
zone is the actual limits of the environmental features and the Minimum Vegetation
Protection Zone, regardless of the mapping. The limits of environmental features are
determined through consultation with the appropriate Conservation Authority and review
of a relevant study or evaluation, where necessary. Section 2.3.1 will require modification
to reflect the direction from Resolution JC-115-19. The shaded text below will be
modified in the second draft.
Section 2.3.1
(4) The boundary of an Environmental Protection (EP) zone represents natural
heritage features, hydrologically sensitive features and natural hazards, and
includes the Minimum Vegetation Protection Zone outside of settlement areas. The
Environmental Review Area (ERA) is 90 m measured from a natural heritage
feature and/or a hydrologically sensitive feature. The extent of this boundary may be
determined through consultation with the appropriate Conservation Authority and
review of an Environmental Impact Study, Floodplain Assessment, Natural Hazard
Assessment, Natural Heritage Evaluation, Hydrologic Evaluation and/or
Geotechnical Evaluation.
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4. Implication for the Official Plan Mapping
4.1 The maps contained within the Official Plan are prepared at a large scale and are
generally not meant to be reviewed at a property specific level. On the other hand, zoning
by-law mapping, which refines Official Plan mapping, is meant to be property specific,
and can be further refined when a development application is received.
Official Plan Policy 14.4.7
The extent of the Environmental Protection Areas designated on Map A [of the
Official Plan] is approximate only. The precise limits shall be detailed through the
appropriate studies as part of the review of development applicati ons and/or in
consultation with the Conservation Authority.
4.2 Upon completion of the Zone Clarington project, the intention is that the Natural Heritage
System mapping and the resulting Environmental Protection land use designations will be
further evaluated. Where identified, changes to the Natural Heritage System and
Environmental Protection designation will be incorporated into the Official Plan through a
municipally initiated Official Plan Amendment.
5. Concurrence
Not Applicable.
6. Conclusion
It is respectfully recommended staff, in collaboration with our partner agencies, continue
to process the requests for site specific environmental protection zoning reviews which
have been requested.
Staff Contact: Faye Langmaid 905-623-3379 x2407 flangmaid@clarington.net and Tracey
Webster, 905-623-3379 x2415 twebster@clarington.net
List of Interested Parties available from Department.
Page 70
PG.25.06 PD
Municipality of Clarington
Planning & Development Committee
Resolution #_________________
Date: December 2, 2019
Moved by: Councillor Neal
Seconded by: Councillor Traill
1. That site review assessments for the rural area be accelerated, and that
staff review mapping in general with a view to correcting obvious mapping
errors that don’t require a site visit to correct.
2. That Staff shall take all steps necessary to amend Clarington’s Official Plan
(the “OPA Amendment”) by way of a municipally initiated amendment, with
the Natural Heritage designation in Map D and Environmental Protection
Area in Map A of the Official Plan for rural lands being limited to:
a. Provincially Significant Wetland;
b. Areas designated by CLOCA as being within a floodplain (red line on
CLOCA maps);
c. Areas designated by the GRCA as being within a floodplain;
d. Land designated on the current Region of Durham Official Plan,
Schedule B Map B-1 as containing Key Natural Heritage and
Hydrologic Features;
e. Land which is Significant Woodland;
f. Such other key natural heritage and key hydrologic features, natural
hazards, and 30 metre minimum vegetation zone not included in (a)
to (e) which are (i) mandated by provincial legislation or the Regional
Official Plan; and (ii) which have specifically been approved by
Council; prior to the submission of the Official Plan Amendment to
the Region of Durham; provided however that the mapping shall not
include a minimum vegetation zone for significant valleylands.
3. Once the OPA mapping is updated, it be uploaded to the Region’s
Comprehensive Review.
4. If any other amendments to the Official Plan are subsequently required as
a result of refined mapping, they shall be at no cost to th e landowners for
application fees.
Page 71
Presentations
and
Handouts
Application By:
Will & Nancy Vanniejenhuis
Proposal is to rezone the property from “Agriculture (A)” to “Residential Hamlet (RH)” to facilitate the creation of 3 lots in Newtonville
Public Meeting: Monday December 2, 2019
Clarington Planning Services Department
Background
Comments
Notice of Public Meeting
Provincial Greenbelt NHSClarington Official Plan Designation
Current Zoning
Proposed Zoning
from Zone
Clarington