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HomeMy WebLinkAbout06/03/2019Final (LA Clarington Planning and Development Committee Agenda Date: June 3, 2019 Time: 7:00 PM Place: Council Chambers, 2nd Floor Municipal Administrative Centre 40 Temperance Street Bowmanville, Ontario ilInquiries & Accommodations: For inquiries about this agenda, or to make arrangements for accessibility accommodations for persons attending, please contact: Samantha Gray, Committee Coordinator, at 905-623-3379, ext. 2106 or by email at sgray@clarington.net. Alternate Format: If this information is required in an alternate format, please contact the Accessibility Coordinator, at 905-623-3379 ext. 2131. Audio Record: The Municipality of Clarington makes an audio record of 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. 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Copies of Reports are available at www.clarington.net Personal information redacted per the Redaction of Personal Information 9.1 Procedure - for further details contact the Municipal Clerk ClaClllgtioll Planning and Development Committee Agenda Date: Time: Place: June 3, 2019 7:00 PM Council Chambers 1 Call to Order 2 New Business — Introduction Members of Committee are encouraged to provide the Clerk's Department, in advance of the meeting, a copy of any motion the Member is intending to introduce, (preferably electronic) such that staff could have sufficient time to share the motion with all Members prior to the meeting. 3 Adopt the Agenda 4 Declaration of Interest 5 Announcements 6 Adoption of Minutes of Previous Meeting 6.1 May 13 Minutes Minutes of a Regular Meeting of May 13, 2019 Page 5 7 Public Meetings No Public Meetings 8 Delegations 8.1 Marilyn Morawetz, Regarding Report PSD-029-19, Community Vision for Jury Lands, Urban Design Master Plan + Design Guidelines for former Ontario Boys Training School and WWII Prison of War Camp 30 Amendment S.14(1) , Regarding Report PSD-028-19, Renaming of King Street in Haydon and King Street in Bowmanville 9 Communications - Receive for Information CLOCA Chris Jones, Director of Planning and Regulation, Central Lake Ontario Conservation Authority, Regarding Comments for Excess Soil Regulatory Proposal and Enhancing MECP Enforcement Tools Page 15 Page 2 ClaT1llgt0Il Planning and Development Committee Agenda Date: Time: Place: June 3, 2019 7:00 PM Council Chambers 9.2 CLOCA Chris Darling, Chief Administrative Officer, Central Lake Ontario Conservation Authority, Regarding Comments for Modernizing Conservation Authority Operations 10 Communications — Direction 10.1 Town of Aurora 10.2 G360 Institute for Groundwater Research 10.3 Enniskillen Environmental Association Page 24 Michael de Rond, Town Clerk, Town of Aurora, Regarding Page 35 Response to Bill 108, The More Homes, More Choice Act (Motion to Refer to Staff) Jackie Harman, G360 Institute for Groundwater Research, University of Guelph, Regarding Drilling 100 Metre and 50 Metre Boreholes and Installing G360 Groundwater Monitoring Systems at Municpality of Clarington Hydro One Site (Motion for Direction) Clint Cole, Chair, Enniskillen Environmental Association, Regarding Groundwater Protection Issues Surrounding the Clarington Transformer Station (Motion for Direction) 11 Presentations Page 38 11.1 John Presta, Director, Environmental Services, The Region of Durham, Regional Municipality of Durham Sanitary Sewerage and Water Supply Systems 11.2 Faye Langmaid, Manager of Special Projects, Regarding Report PSD-029-19, Community Vision for Jury Lands, Urban Design Master Plan + Design Guidelines for former Ontario Boys Training School and WWII Prison of War Camp 30 Amendment 11.3 Megan Torza, Partner, DTAH, Regarding Report PSD-029-19, Community Vision for Jury Lands, Urban Design Master Plan + Design Guidelines for former Ontario Boys Training School and WWII Prison of War Camp 30 Amendment Page 3 ClaClllgtioll Planning and Development Committee Agenda Date: June 3, 2019 Time: 7:00 PM Place: Council Chambers 12 Planning Services Department Reports 12.1 PSD-027-19 12.2 PSD-028-19 12.3 PSD-029-19 Summary of Proposed Amendments to The Growth Plan for the Greater Golden Horseshoe 2019; Bill 108, The More Homes, More Choice Act, and other related Legislation Page 40 Renaming of King Street in Haydon and King Street in Page 54 Bowmanville Community Vision for Jury Lands, Urban Design Master Page 60 Plan + Design Guidelines for former Ontario Boys Training School and WWII Prison of War Camp 30 13 New Business — Consideration 14 Unfinished Business 14.1 CAO-014-18 Confidential - Potential Acquisition of Lands [Referred from the September 17, 2018 Council Meeting] [Distributed Under Separate Cover] 15 Confidential Reports No Reports 16 Adjournment Page 4 Clarhiglon Planning and Development Committee Minutes May 13, 2019 If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Minutes of a meeting of the Planning and Development Committee held on Monday, May13, 2019 at 7:00 PM in the Council Chambers. Present Were: Mayor A. Foster, Councillor G. Anderson, Councillor R. Hooper, Councillor J. Jones, Councillor J. Neal, Councillor C. Traill, Councillor M. Zwart Staff Present: A. Allison, M. Seaman, F. Langmaid, C. Pellarin, C. Salazar, K. Richardson, J. Gallagher, S. Gray 1 Call to Order Councillor Neal called the meeting to order at 7:00 PM. 2 New Business — Introduction Mayor Foster added a new business item, regarding Provincial Flooding Task Force, to the New Business — Consideration section of the agenda. 3 Adopt the Agenda Resolution #PD-067-19 Moved by Mayor Foster, seconded by Councillor Jones That the Agenda for the Planning and Development Committee meeting of May 13, 2019 be adopted as presented, with the addition of the new business item regarding the Provincial Flooding Task Force. Carried 4 Declarations of Interest There were no disclosures of interest stated at this meeting. 5 Announcements Members of Committee announced upcoming community events and matters of community interest. 1 5 Claringlon Planning and Development Committee Minutes May 13, 2019 6 Adoption of Minutes of Previous Meeting Resolution #PD-068-19 Moved by Councillor Hooper, seconded by Councillor Traill That the minutes of the regular meeting of the Planning and Development Committee, held on April 23, 2019, be approved. Carried 7 Public Meetings 7.1 Application for a Proposed Zoning By-law Amendment Applicant: Lindvest Properties (Clarington) Ltd. Report: PSD-026-19 Location: Aldridge Lane, Newcastle, off Donald Powell Crescent Nicole Zambri, Planner, made a verbal and electronic presentation to the Committee regarding the application. No one was present to speak in opposition to, or in support of, the application. Frank Palombi, Lindvest Properties, was present on behalf of the applicant. He stated that he was available to answer questions from the Committee. 8 Delegations 8.1 Jennifer Savini, Templeman LLP, regarding Growth Plan Proposed Transition Regulation- OPA 107 Jennifer Savini, Templeman LLP, was present regarding Growth Plan Proposed Transition Regulation- OPA 107. Ms. Savini explained that she is present on behalf of her client Fourteen Estates. She noted that her client owns property in Hampton which is subject to the rounding out of hamlets, as approved through the Clarington Official Plan Amendment 107 (OPA 107). Ms. Savini stated that she was present at the February 25, 2019 Council meeting and requested that the Municipality of Clarington make a submission to the Province on the proposed changes to the Growth Plan and Transition Regulations. She advised the Committee that the Growth Plan 2019 has been released and there is an opportunity to provide further submissions by June 1, 2019. Ms. Savini explained that the transition regulations did not include her previous requests to allow for the minor rounding out of Hamlet boundaries. She continued by asking the Committee to make a further submission to the Province requesting that the minor rounding of hamlet boundaries be "grandfathered in" as it was approved prior to the effective date of the 2017 Growth Plan. Ms. Savini concluded by asking the Committee 2 6 Claringlon Planning and Development Committee Minutes May 13, 2019 to consider their request, and for it to be submitted to the Province by June 1, 2019. Ms. Savini answered questions from the Committee. The Committee considered Ms. Savini's request following Ms. Molinari's delegation. 8.2 Carolyn Molinari, CM Planning Inc., regarding Growth Plan Proposed Transition Regulation- OPA 107 Carolyn Molinari, CM Planning Inc., was present regarding Growth Plan Proposed Transition Regulation- OPA 107. She displayed Map A from OPA 107, outlining three of the hamlets in Clarington that have been adopted. Ms. Molinari explained that the Municipality of Clarington adopted OPA 107 in November 2016, which provided for hamlet expansions. She noted that the Region of Durham approved OPA 107 in June 2017 but deferred the rounding out pending further studies. Ms. Molinari advised the Committee that the Growth Plan came into effect in July 2017, but did not allow for hamlet expansions in the Greenbelt area. She requested that the Committee submit a second request to include OPA 107 to the list of exemptions in the Transition Regulation and that OPA 107 be subject to the 2006 Growth Plan in terms of Hamlet expansion. Ms. Molinari explained that, without this exemption, the hamlet expansions in Hampton, Solina, Leskard, Kendal and Newtonville will not be allowed. Ms Molinari answered questions from the Committee. Resolution #PD-069-19 Moved by Mayor Foster, seconded by Councillor Traill That Staff make written submission with respect to OPA 107 to the Ministry of Municipal Affairs and Housing to request that the transition regulation for the Growth Plan 2019, and the Greenbelt Plan be reviewed and amended to accommodate settlement boundary expansions in the hamlets in appropriate circumstances. Carried as Amended (See following motion) Resolution #PD-070-19 Moved by Councillor Traill, seconded by Mayor Foster That the foregoing Resolution #PD-069-19 be amended by deleting the words "settlement boundary expansions" and replacing them with the words "minor rounding out". Carried The foregoing Resolution #PD-069-19 was then put to a vote and carried as amended. 9 Communications - Receive for Information There were no Communications to be received for information. -3- 7 Clarington 10 Communications — Direction Planning and Development Committee Minutes May 13, 2019 10.1 Dale Gibbons, Chair, Courtice Family Concerts in the Park — Request for Exemption to Sign By-law Resolution #PD-071-19 Moved by Mayor Foster, seconded by Councillor Hooper That the request of Dale Gibbons, Chair, Courtice Family Concerts in the Park for an exemption to Municipality's Sign By-law 2009-123 for a two month period commencing June 12, 2019 for the property at 1463 Regional Highway No. 2, be approved. Carried 11 Presentation(s) 11.1 Brandon Weiler, Planner II and Paul Wirch, Senior Planner, Regarding Courtice Main Street Brandon Weiler, Planner II and Paul Wirch, Senior Planner, were present regarding an update on Courtice Main Street. They made a verbal presentation to accompany an electronic presentation. Mr. Wirch stated that the planning for Courtice is based on the policies contained in the Official Plan. He explained that the Official Plan guides and manages development to create complete communities that foster economic, environmental, cultural, physical, and social well-being for all residents and business owners. Mr. Wirch noted that the Courtice Main Street Secondary Plan is an area identified for growth and development. He explained that this planning area follows Durham Highway 2 through Courtice, with an emphasis on the future Courtice Urban Centre located east of Trulls Road. Mr. Wirch advised the Committee that the Courtice Secondary Plan was designed to create a focal point for community and economic development within the second largest community in Clarington. He noted that the planning for the Courtice Secondary Plan was included as part of the update to the Official Plan. Mr. Wirch explained that the guiding principles for the creation of the Courtice Secondary Plan were to reflect the Regional Corridor along Highway 2, recognize a regional centre east of Trulls Road, and to create a mix of land uses with higher density, supported by enhanced transit service and attractive streetscapes. He stated that the Regional Corridor and Regional Centre are priority intensification areas, as identified in the Official Plan. Mr. Wirch advised the Committee that the Courtice Main Street objectives are: intensification; a mix of land uses; attractive streetscapes; and high quality urban design. He noted that the Courtice Secondary Plan includes a list of tools to support the implementation the Secondary Plan's policies, which include updating the zoning by-law, community improvement plan and urban design plan. Mr. Wirch highlighted the timeline for the Courtice Main Street. 4 8 Clarington Planning and Development Committee Minutes May 13, 2019 Mr. Weiler explained that the Courtice Community Improvement Plan had to overcome challenges including property consolidation, redevelopment, intensification and servicing. He noted that the Community Improvement Plan is a tool that can be used to respond to the challenges to allow the Municipality of Clarington to provide incentives to the community which help and assist in the intensification and performance goals. Mr. Weiler explained that, through public consultation, the community would like to see high quality architecture, pedestrian friendly and transit -supportive, housing choice and affordability, and sustainable development. He outlined the Community Improvement Plan evaluation criteria, created from the Green Development Framework. Mr. Weiler provided an outline of the two grants offered: the Development Charge Grant and the Property Tax Increment Grant. Mr. Wirch explained that the Urban Centre is intended to be the future heart of the Courtice Main Street area. He noted that it was created to provide a masterplan for the area, containing a full range of uses designed to generate greater connectivity and opportunities for residents to live and work. Mr. Wirch provided an overview of the development applications currently being reviewed in the area. He advised the Committee that they were available to answer questions. Resolution #PD-072-19 Moved by Mayor Foster, seconded by Councillor Jones That the presentation by Brandon Weiler, Planner II and Paul Wirch, Senior Planner, regarding Courtice Main Street, be received for information; and That Staff be thanked for their work on the Courtice Main Street project. Carried 12 Planning Services Department Reports 12.1 PSD-026-19 An Application by Lindvest Properties (Clarington) Ltd. To Create a Common Elements Plan of Condominium at Aldridge Lane, Newcastle Resolution #PD-073-19 Moved by Councillor Zwart, seconded by Councillor Anderson That Report PSD-026-19 be received; That the Draft Plan of Condominium application submitted by Lindvest Properties (Clarington) Ltd. be supported, subject to the conditions substantially as contained in Attachment 1 to Report PSD-026-19; 5 9 Claringlon Planning and Development Committee Minutes May 13, 2019 That the Durham Region Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-026-19 and Council's decision; and That all interested parties listed in Report PSD-026-19 and any delegations be advised of Council's decision. Carried 13 New Business — Consideration 13.1 Lakeshore East GO Train Extension Resolution Resolution #PD-074-19 Moved by Mayor Foster, seconded by Councillor Anderson Whereas in 2011 Metrolinx completed a comprehensive and objective Environmental Assessment (E.A.) for the recommended extension of GO Train Service through Oshawa to Courtice and Bowmanville; And whereas the E.A. considered a number of route options and through public input concluded that the extension along the CP Rail line through Oshawa to Courtice and Bowmanville was the preferred route for both Metrolinx and the local communities; And whereas since 2011, based on the commitment of Metrolinx and the Province to advance the recommended 2011 E.A. route along the CP Rail line, the Region of Durham, the Municipality of Clarington, the City of Oshawa, and the Town of Whitby have undertaken a number of actions such as: ■ Including the recommended route and complementary land use policies in the Official Plans and zoning by-laws; ■ Advancing development charges, capital expenditures and capital budgets to accommodate the extension; and ■ Advancing transit considerations to service the route and proposed stations; And whereas Metrolinx completed a justified business case in 2015 confirming the CP Rail alignment as recommended by the E.A. utilizing their internal business case criteria; And whereas residents and developers have made substantial investments in growth areas identified near the proposed station sites in anticipation that the extension would be delivered along the announced preferred CP Rail line route; And whereas at a May 2, 2019 Town Hall meeting Metrolinx senior staff stated that they had explored four potential extension options as part of an update to the original 2015 business case and that these options would be reviewed with the Region and local communities; Claringlon Planning and Development Committee Minutes May 13, 2019 And whereas the Region of Durham, Municipality of Clarington, City of Oshawa and the Town of Whitby became aware that new route options were being considered by Metrolinx, other than those that were reviewed in the 2011 E.A. and 2015 business case; And whereas the Council of the Municipality of Clarington continues to support the 2011 E.A. approved route through Oshawa to Courtice and Bowmanville along the CP Rail line as it would result in the following benefits: ■ The greatest long term community and economic development benefit; ■ The creation of jobs and increased assessment growth; ■ Connectivity, walkability and opportunities for transit oriented development; ■ Development on and around the Courtice and Bowmanville station sites; And whereas it is important that any option other than the preferred CP Rail line route be subject to an open and transparent review process where municipal and public input can be provided before any decision is made by Metrolinx; And whereas the Council of the Municipality of Clarington is committed to continuing to work together with Metrolinx and the Province to support the Lakeshore East GO Train Extension; Now therefore be it resolved that: 1. Metrolinx explain the criteria and metrics being used for the updated business case and include the Region and local municipalities in that process; 2. Metrolinx act on the requests set out in the April 29, 2019 letter from Clarington Council; 3. Metrolinx be requested to undertake an open and transparent process to inform local and regional government staff, residents, and businesses related to any potential changes to the alignment and business case; 4. A copy of this resolution be forwarded to the Region of Durham, the City of Oshawa, the Town of Whitby, all Durham MPP's, all Durham MP's, and all affected business and post -secondary partners. Carried on the following recorded vote: Council Member Yes No Declaration of Interest Absent Councillor Neal X Councillor Traill X Councillor Zwart X Councillor Anderson X Councillor Hooper X Councillor Jones X Mayor Foster X Clarington Planning and Development Committee Minutes May 13, 2019 13.2 Provincial Flood Task Force Resolution #PD-075-19 Moved by Mayor Foster, seconded by Councillor Traill Whereas the Province of Ontario has announced the initiation of an internal task force that will consult with municipalities on ways to improve flood resiliency; And whereas the federal, provincial and municipal governments have a joint interest in natural disaster mitigation, climate change adaptation, and the reduction of risks to public safety and infrastructure; And whereas on June 19, 2017, Clarington Council resolved that "the provincial and federal governments be requested to strike a committee to review mitigation and safety plans for the communities fronting the Great Lakes and St. Lawrence Seaway" and that "Clarington be invited to participate on the committee"; And whereas the Municipality of Clarington experienced first-hand in 2017 the devastating effects of flooding, and in 2019 is again being impacted by recent and on- going flooding conditions; And whereas the flooding experienced by Clarington residents has resulted in impacts to their private property and presented safety concerns; And whereas the Municipality of Clarington has expended significant staff and financial resources in aiding area residents, ensuring their safety; And whereas the Municipality of Clarington and impacted residents have worked together to learn from past experience and strengthen flood response and resilience, resulting in the development of a flood preparedness guide, as well as the adoption of a Clarington Flood Response Plan and a municipal standard for response during flooding that has been effective during recent flooding events; And whereas climate change modelling done by the Regional Municipality of Durham projects a wetter future climate for Durham Region, and accordingly it is conceivable and reasonable to anticipate future flooding in the community; Now therefore be it resolved that: 1. The Municipality of Clarington Council thanks the provincial government for taking action to better plan for and reduce the impacts of flooding; 2. The provincial task force consider, as part of their work plan, the provision of adequate funding to support the mitigation of flooding and safety planning for flood vulnerable areas of communities; 3. The Municipality of Clarington be invited to participate in the work of the task force to allow for input on what is needed to make our communities more resilient to increasingly frequent flood events; Claringlon Planning and Development Committee Minutes May 13, 2019 4. The province's internal task force undertake an engagement session in the Municipality of Clarington to hear directly from local residents impacted by flooding in 2017 and now in 2019; and 5. This resolution be distributed to the Premier, Minister of Natural Resources and Forestry, Ministry of Municipal Affairs and Housing, our local MPPs and MPs, Central Lake Ontario Conservation Authority, Ganaraska Region Conservation Authority, and the Regional Municipality of Durham for their endorsement and support. Carried on the following recorded vote: Council Member Yes No Declaration of Interest Absent Councillor Neal X Councillor Traill X Councillor Zwart X Councillor Anderson X Councillor Hooper X Councillor Jones X Mayor Foster X 14 Unfinished Business 14.1 Matter Regarding Townhouse/Condominium Air Conditioning Units and other Condensing Units [Referred from the April 29, 2019 Council Meeting] Resolution #PD-076-19 Moved by Mayor Foster, seconded by Councillor Anderson That staff be directed to make it a condition of site plan approval that, where appropriate, air conditioning units and other condensing units not be place in the street facing side of townhouses/condominiums. Motion Withdrawn Later in the Meeting Recess Resolution #PD-077-19 Moved by Councillor Hooper, seconded by Councillor Jones That the Committee recess for 5 minutes. Carried Claringlon Planning and Development Committee Minutes May 13, 2019 The meeting reconvened at 8:03 AM with Councillor Neal in the Chair. Resolution #PD-078-19 Moved by Councillor Jones, seconded by Councillor Traill That staff be directed to make it a condition of site plan approval that air conditioning units and other condensing units not be placed in the public street facing side of townhouses, wherever possible. Carried 15 Confidential Reports There were no Confidential Reports scheduled under this Section of the Agenda. 16 Adjournment Resolution #PD-079-19 Moved by Councillor Traill, seconded by Councillor Jones That the meeting adjourn at 8:05 PM. Carried Chair Deputy Clerk -10- 14 4,..dr Central 42rfsoLake Ontario Conservation 100 Whiting Avenue Oshawa, Ontario L1H 3T3 Phone (905) 579-0411 Fax (905) 579-0994 Web: www.cloca.com Email: mail@cloca.com Member of Conservation Ontario May 15, 2019 via email and mail to Sanjay.Coelho(aontario.ca and Andre.Martin(a,ontario.ca Mr. Sanjay Coelho Environmental Policy Branch Ministry of the Environment, Conservation and Parks 40 St Clair Avenue West Floor 10 Toronto ON M4V 1M2 Mr. Andre Martin Compliance, Planning and Spills Action Centre Ministry of the Environment, Conservation and Parks 135 St. Clair Avenue West 8th Floor Toronto ON M4V 1P5 Dear Misters Coelho and Martin: Subject: Central Lake Ontario Conservation Authority Comments for Excess Soil Regulatory Proposal and Enhancing MECP Enforcement Tools Environmental Registry of Ontario Notice Numbers 013-5000 and 019-0023 CLOCA IMS No: ACAD7 At their meeting of May 14, 2019 the Central Lake Ontario Conservation Authority (CLOCA) Board of Directors passed the following Resolution: Res. #55 Moved by C. Leahy Seconded by I. McDougall THAT Staff Report 5643-19 and the specific amendments and comments in the Discussion and Analysis Section be endorsed as CLOCA's comments on the Proposed Excess Soil Regulatory Package (Environment Registry Nos. 013- 5000 and 019-0023); and, 1 of2 What we do on the land is mirrored in the water 15 Central Lake Ontario Conservation Ministry of the Environment, Conservation and Parks May 15, 2019 THAT Staff Report 5643-19 be circulated to watershed Members of Provincial Parliament, Members of Parliament, the Region of Durham, watershed municipalities and Conservation Ontario. CARRIED Accordingly, please find the endorsed Staff Report containing the comments of the Central Lake Ontario Conservation Authority enclosed with this letter. The following specific changes are requested: 1. Directly reference Section 28 Regulations made under the Conservation Authorities Act, as a site specific instrument in the rules document in order to clearly address the interrelationship between excess soil and natural hazards from flooding and erosion and the need to ensure source water protection. 2. Lower proposed threshold for the application of reuse site rules from 10,000m3 (i.e. 1000 dump trucks).to 1,000m3 (i.e. 100 dump trucks) and require an Excess Soil Destination Assessment Report for all movements of excess soil equal or above 1,000m3 (i.e. 100 dump trucks). 3. Expand upon the meaning of "Adverse Effect" for the operation of reuse sites to harmonize with other environmental law administered by MECP. 4. Ensure clarity as to when provincial standards apply and build local implementation capacity. 5. Efficient and effective enforcement is required at both the provincial and local levels Yours truly, "Vi;1% ///*Fif-A Chris Jones, MCIP, RPP Director of Planning and Regulation cJ/ Encl. CLOCA Staff Report 5643-19 What we do on the land is mirrored in the water 16 Central Lake Ontario Conservation Ministry of the Environment, Conservation and Parks May 15, 2019 cc: Hon. Erin O'Toole, MP (Durham) Erin.OToole@parl.gc.ca Colin Carrie, MP (Oshawa) Colin.Carrie(4arl.gc.ca Celina Caesar-Chavannes, MP (Whitby) Celina.Caesar-Chavannes@parl.gc.ca Hon. Mark Holland, MP (Ajax) Mark.Holland(&,parl.gc.ca Jennifer O'Connell, MP (Pickering —Uxbridge) Jennifer OConnell@parl.gc.ca Hon. Rod Phillips, MPP (Ajax), Minister of the Environment, Conservation and Parks rod.phillipsco@pc.ola.org Lindsey Park, MPP (Durham) kindsey.parkco@pc.ola.org Jennifer K. French, MPP (Oshawa) JFrench-CO@ndp.on.ca Lorne Coe, MPP (Whitby — Oshawa) lorne.coeco(a,pc.ola.org Hon. Peter Bethlenfalvy, MPP (Pickering -Uxbridge), President of the Treasury Board peter.bethlenfalvvco(a,pc.ola.org Ralph Walton, Regional Municipality of Durham, ralph.walton@durham.ca Alec Harras, Town of Ajax, Alexander.harras@ajax.ca Anne Greentree, Municipality of Clarington, agreentree@clarington.net Clerk, City of Oshawa, clerks@oshawa.ca Debbie Shields, City of Pickering, clerks@pickering.ca JP Newman, Township of Scugog, inewman@scugog.ca Debbie Leroux, Township of Uxbridge dleroux@town.uxbridge.ca Chris Harris, Town of Whitby, harrisc@whitby.ca Linda Laliberte, Ganaraska Region Conservation Authority, llaliberte@grca.on.ca Mark Majchrowski, Kawartha Conservation, MMajchrowski@kawarthaconservation.com Mike Walters, Lake Simcoe Region Conservation Authority, m.walters@lsrca.on.ca Dan Marinigh, Otonabee Conservation, dmarinigh@otonabee.com John MacKenzie, Toronto and Region Conservation Authority, john.mackenzie@trca.on.ca Nicholas Fisher, Conservation Ontario, nFischer@conservationontario.ca g:\planning\planning\comments\2019\excess soil and enforcement ero posting_cloca comments.doc What we do on the land is mirrored in the water 17 REPORT CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY DATE: May 14, 2019 FILE: ACAD7 APPROVED BY C.A.O. (71) S.R.: 5643-19 MEMO TO: Chair and Members, CLOCA Board of Directors FROM: Chris Jones, Director, Planning and Regulation SUBJECT: Proposed Provincial Excess Soil Regulations and Changes to Provincial Enforcement Powers Purpose: This report reintroduces and summarizes the proposed provincial excess soil regulations and newly proposed changes to provincial environmental enforcement powers and provides an analysis with respect to CLOCA's interests. Background: CLOCA staff last reported to the Board of Directors on this matter at its May 16, 2017 meeting via Staff Report #5522-17, which addressed a Proposed Excess Soil Regulatory Package for comment. The former provincial government did not enact the proposals prior to last year's provincial election. The current government committed to "Reducing Litter and Waste in Our Communities & Keeping our Land and Soil Clean" as part of Ontario's Environment Plan released in November, 2018 by the Ministry of the Environment, Conservation and Parks (MECP). Specific actions as part of the Plan include: • "Make it easier and safer to reuse excess soil: o Recognize that excess soil is often a resource that can be reused. Set clear rules to allow industry to reduce construction costs, limit soil being sent to landfill and lower greenhouse gas emissions from trucking by supporting beneficial reuses of safe soils. o Work with municipalities, conservation authorities, other law enforcement agencies and stakeholders to increase enforcement on illegal dumping of excess soil." On May 1, 2019, MECP posted the following policy proposals on the Environmental Bill of Rights Registry for comment until May 31: • A new Excess Soil Regulation and complimentary changes to associated regulations under the Environmental Protection Act; • New excess soil Rules for On -Site and Excess Soil Management to support the implementation of the new excess soil reuse regulation; • Proposed changes to the Environmental Protection Act related to provincial environmental enforcement powers contained with in Schedule 6 to Bill 108, An Act to amend various statutes with respect to housing, other development and various other matters; and, • Other matters related to brownfield development not related to CLOCA that are not addressed in this report. Cont'd 18 FILE :ACAD7 S.R.: 5643-19 May 14, 2019 New Excess Soil Regulation This new regulation, to be enacted by MECP under the existing provisions of the Environmental Protection Act (EPA), is the largest and most significant action the province is taking under the framework. In summary, the regulation would contain the following six (6) major elements: 1. Define Excess soil as a "Waste." A waste designation has specific meaning under the EPA, allowing for legal obligations related to tracking and hauling to apply. Excess soil would be designated as a waste from the time it leaves the property from which it is excavated. The waste designation on excess soil would cease where it is deposited in accordance with a site specific instrument (i.e. local permit) that authorizes the deposition of soil at a receiving site (referred to as a reuse site in the draft regulation). 2. Require "Project Leaders" to be responsible for managing and relocating excess soil generated by projects. Project leaders of certain projects generating excess soil would be required to conduct `excess soil management actions' before any excess soil leaves the project area. These actions would be required if the project area has never been used for an industrial use or other specified commercial uses; the primary purpose of the project is to remediate contaminated land; or the project is located inside a settlement area and involves more than 2,000m3 of excess soil leaving the project area. Undertaking excess soil management actions would involve certain requirements, including in some cases characterizing the soil to determine the concentrations of contaminants in the soil. It would also include identifying appropriate receiving sites and tracking excess soil movements. Key actions would be required to be registered on a public registry. Excess soil characterization must be prepared or supervised by a Qualified Person (QP) and implemented by the project leader. 3. Require "Project Leaders" to prepare notices to a public registry. A Project leader would be required to prepare and file a notice on a public registry. The notice would include: • A description of the project; • A description of the project area including the municipal address of each property within the project area including the geographic coordinates; • Contact information of each project leader for a project, authorized agents and Qualified Persons; • An estimate of how much soil will be removed from the project area by soil quality category; • The name and contact information for the person ultimately responsible for the transportation of excess soil from the project area; • An identification, including the municipal address, of each reuse site at which the excess soil is intended to be deposited for the purpose of final placement of soil including the type of property use at the reuse site and the undertaking for which the excess soil is intended to be used. 4. Establish an Excess Registry and associated Rules. The regulation would require an excess soil tracking system to be developed by a QP on behalf of the proponent. Amongst other information, the tracking system would be able to produce a record of the source(s) of excess soil, excess soil quality details and intended reuse site(s). In order to help ensure that excess soil is tracked from a project area to a receiving site, a driver transporting a load of excess soil would be required to produce an excess soil hauling record upon request. A cumulative record of excess soil movement would be required to record the total amount of excess soil and the quality of the soil that has been moved to each reuse site at any point in time. Cont'd 19 FILE :ACAD7 S.R.: 5643-19 5. Provisions for Operators of Reuse Sites. May 14, 2019 Section 13 of the proposed regulation contains specific rules for operators of reuse sites, which is defined as sites where at least 10,000m3 (i.e. 1000 dump trucks) of excess soil is expected to be delivered for final placement in respect of an undertaking. In these instances, reuse site operators would be required to file a notice on the Registry, procedures must be established and implemented to account for every load of excess soil for final placement and to ensure that storage for final placement 'does not cause an adverse effect.' 6. Transitional Phase -in Proposed. It is proposed that the regulatory proposal be phased in over time. • Excess soil provisions related to more flexible reuse rules and waste designation and approvals would come into effect in January 2020. • Aspects of the excess soil regulation related to soil management planning (e.g. sampling, tracking and registration) would come into effect no later than January 2021. • Restrictions on using excess soil in landfills would come into effect in January 2022 allowing time to ensure alternate reuse approaches are available as needed. New Rules for On -Site and Excess Soil Manajiement A document titled "Rules for On -Site and Excess Soil Management" is proposed to articulate the province's mandatory implementation and technical requirements for excess soil. The document would be integrated and adopted into the proposed excess soil regulation through a reference in the final enacted regulation. The document details the requirements for soil tracking systems, soil characterizations, sampling and analysis and soil standards to be used for final placement of excess soil at a reuse site. Generic soil quality standards are set out along with a process allowing for a site -specific standard to be developed using ministry guidance. New Provincial Enforcement Powers: Administrative Penalties and Vehicle Plate Seizure Also posted to the Environment Registry for comment are proposed amendments to the Environmental Protection Act, which would enable `administrative penalties' for a broad range of environmental violations under that act, which would require further regulations to take effect. If passed, the regulations could provide for: • A $200,000 maximum administrative penalty per contravention, or higher if the economic benefit achieved via the violation was higher; • Provisions for review and/or appeal and for reduction in amounts if violators take action to prevent or mitigate the contravention; • Annual reporting. A second initiative would permit and update the process the province uses to seize vehicle places when serious environmental violations occur. Both of these initiatives would be limited to MECP enforcement officers and would not apply to CLOCA's Enforcement Officers. Discussion and Analysis The release of the draft excess soil regulation, implementing rules and proposed changes to the province's enforcement powers under the Environmental Protection Act for public review and comment prior to enactment is welcome and indicates that the province intends to take regulatory action in order to close a significant policy Cont'd 20 FILE:ACAD7 S.R.: 5643-19 May 14, 2019 and regulatory gap in relation to excess soil and provincial enforcement. CLOCA staff continues to support the proposed emphasis on source site regulation as appropriate and necessary. The proposed excess soil regulation will create a provincial policy and regulatory framework around the critical issue of excess soil instead of the current patchwork of municipal and conservation authority by-laws and policies that currently exist in the absence of provincial action. Areas for Improvement CLOCA's direct regulatory interests are confined primarily to reuse sites and the operationalization of the soil reuse regulation in this regard. Based upon our review, we have identified the following areas for improvement to be considered by MECP prior to the final enactment of the regulations: • Directly reference Section 28 Regulations made under the Conservation Authorities Act, as a site specific instrument in the rules document in order to clearly address the interrelationship between excess soil and natural hazards from flooding and erosion and the need to ensure source water protection. The proposed framework places much weight on "site -specific instruments" for the regulation of reuse sites. It's clear from the drafting of the regulation that MECP intends that municipal site -alteration and fill by-laws will do the heavy lifting for regulating reuse sites. However, the proposed regulation would continue to provide for the application of conservation authority regulations and permit requirements to those portions of receiving sites that are within conservation authority regulated areas. In CLOCA's watershed, for example, our regulation covers approximately 42% of the landscape. The importance of these regulations for the protection of public health and safety and environmental protection (i.e. wetlands), necessitates that the proposed implementing rules specifically make reference to conservation authority regulations as part of the site -specific regulatory context in order to protect against aggravating or creating new flooding and erosion natural hazards. In addition, the placement of large quantities of excess soil could have adverse effects to source water quality and quantity, specifically within designated vulnerable areas, as identified in Source Water Protection Plans. The proposed rule document must also identity the imperative of drinking water source protection when considering appropriate excess soil reuse sites. • Lower proposed threshold for the application of reuse site rules from 10,000m3 (i.e. 1000 dump trucks).to 1,000m3 (i.e. 100 dump trucks) and require an Excess Soil Destination Assessment Report for all movements of excess soil equal or above 1,000m3 (i.e. 100 dump trucks). Section 13 of the proposed regulation exempts reuse site operator rules for all reuse sites planned to receive less than 10,000m3 (i.e. 1000 dump trucks) of excess soil, which is far too high of a threshold. Even small amounts of fill misplaced can destroy wetlands, cause erosion and flood plain impacts and other concerns. A much more appropriate threshold for reuse site rules would be 1,000m3 (i.e. 100 dump trucks), which could potentially still exempt too many sites. The ministry should lower the threshold to at least 1,000m3 (i.e. 100 dump trucks) and potentially lower, based on an impact analysis. The proposed regulation would require an Excess Soil Destination Assessment Report (Destination Report) to be prepared only in instances where the excess soil project would involve remediation of contaminated land. As it stands, a Destination Report would simply identify each reuse site including the municipal address of each reuse site; identify additional alternative reuse sites in the event that the primary site cannot be used and provide an Cont'd 21 FILE:ACAD7 S.R.: 5643-19 May 14, 2019 estimate of the quality and quantity of excess soil that will be deposited at each location. These requirements are not onerous and should apply to most, if not all, excess soil movements to assist site specific regulators (which in CLOCA's watershed will be municipalities). It is recommended that the Destination Report requirements be aligned with the lower section 13 thresholds requested above. • Expand upon the meaning of "Adverse Effect" for the operation of reuse sites to harmonize with other environmental law administered by MECP The proposed excess soil regulation indicates that where reuse site operator rules apply, the operator shall ensure that: "procedures are established and implemented to ensure that the storage of excess soil for final placement in respect of an undertaking at the reuse site does not cause an adverse effect." Firstly, this provision should be expanded to the final placement of excess soil generally and not simply to any temporary "storage" measures on site. Secondly, the term adverse effect within the context of reuse sites must be expanded to include an adverse effect upon natural hazards, watershed hydrology, drinking water source protection designated vulnerable areas, and "Environmentally Sensitive Areas," as defined in the proposed rules document. Given that the proposed regulation relies upon local administration of site -specific instruments (i.e. local by-laws) for the regulation of the operation of reuse sites, the reuse site provisions must enable, and harmonize with, the appropriate suite of environmental law that protects the local environment, including natural hazards, watershed hydrology and sources of municipal drinking water supplies. • Ensure clarity as to when provincial standards apply and build local implementation capacity. The proposed soil reuse regulation sets out quality and quantity standards in two separate tables in section 4 and alternatives based on the whether or not local site -specific instruments (i.e. local by-laws) adequately direct both excess soil quality and quantity for reuse sites. This scheme will require each local jurisdiction to assess the competency of their existing legislation against the new regulation and apply both their local by-laws and portions of the new provincial rules. In this context, MECP needs to proactively reach out to inform and build local regulatory capacity to ensure that the local regulation of reuse sites is efficient and effective. • Efficient and effective enforcement is required at both the provincial and local levels The proposed enforcement improvements for provincial MECP officers discussed above is supported and reveals the needed capacity and operational improvements at the ministry level with respect to enforcement tools. In addition to its own toolbox, MECP needs to also follow-up on the Ontario's Environment Plan commitment to: "Work with municipalities, conservation authorities, other law enforcement agencies and stakeholders to increase enforcement on illegal dumping of excess soil." As a first step, MECP should reach out to Conservation Ontario to begin discussion as to how enforcement of illegal dumping of excess soil at local level can be accomplished. A second step should include the timely proclamation of the unproclaimed enforcement provisions of the Conservation Authorities Act and that joint training with provincial officers and conservation authority officers be facilitated by the ministry. Conclusion CLOCA staff recommends that MECP carefully consider and respond to the detailed commentary on the proposed soil reuse regulation contained this report. The proposed provincial actions indicate that the long period of a provincial policy and regulatory gap in relation to excess soil is about to end, however the new regulation and guidance could be severely undermined if MECP does not have the operational capacity or inclination to Cont'd 22 FILE:ACAD7 S.R.: 5643-19 May 14, 2019 rigorously administer the new provisions. MECP needs to support local regulators of receiving sites, especially municipalities and conservation authorities, as they will carry a new unfunded mandate to work within the proposed regulatory framework. CLOCA staff will need to work very closely with our municipal colleagues to re -confirm or establish new operational protocols with watershed municipalities including amendments or replacement of CLOCA's Large Fill Policy, May 2014 should the proposals be enacted. RECOMMENDATIONS: THAT Staff Report 5643-19 and the specific amendments and comments in the Discussion and Analysis Section be endorsed as CLOCA's comments on the Proposed Excess Soil Regulatory Package (Environment Registry Nos. 013-5000 and 019-0023); and, THAT Staff Report 5643-19 be circulated to watershed Members of Provincial Parliament, Members of Parliament, the Region of Durham, watershed municipalities and Conservation Ontario. CJ/ms S:\REPORTS\2019\sr5643 19.docx 23 dr- drif Central Lake Ontario Conservation Member of Conservation Ontario May 15, 2019 via email and mail to Carolyn.O'Neill(-)a,ontario.ca Carolyn O'Neill Great Lakes Office 40 St Clair Avenue West Floor 10 Toronto, ON M4V 1 M2 Dear Mrs O'Neil: 100 Whiting Avenue Oshawa, Ontario L1 H 3T3 Phone (905) 579-0411 Fax (905) 579-0994 Web: www.cloca.com Email: mail@cloca.com Subject: Central Lake Ontario Conservation Authority Comments for Modernizing Conservation Authority Operations Environmental Registry of Ontario Notice Number 013-5018 CLOCA IMS No: ASLA3 At their meeting of May 14, 2019 the Central Lake Ontario Conservation Authority (CLOCA) Board of Directors passed the following Resolution: Res. #64 Moved by 1. McDougall Seconded by R. Mulcahy THAT the Analysis Commentary in Staff Report #5642-19 be endorsed and submitted to the Province of Ontario and Conservation Ontario as CLOCA's comments regarding Environmental Registry Posting 013-5018; THAT the Minister of Environment, Conservation and Parks be requested to share any proposed regulations in draft form with CLOCA for meaningful consultation prior to enactment; and, THAT Staff Report #5642-19 be circulated Watershed Municipalities, Members of Provincial Parliament, Members of Parliament and adjacent Conservation Authorities for their information. CARRIED What we do on the land is mirrored in the water 24 1 of 2 Central Lake Ontario Conservation Accordingly, please find the endorsed Staff Report containing the comments of the Central Lake Ontario Conservation Authority enclosed with this letter. Yours truly, Chief Administrative Officer Encl. CLOCA Staff Report 5642-19 cc: Hon. Erin O'Toole, MP (Durham) Erin.OToole(4arl.gc.ca Colin Carrie, MP (Oshawa) Co1in.Carrie@parl.gc.ca Celina Caesar-Chavannes, MP (Whitby) Celina.Caesar-ChavannesAparl.gc.ca Hon. Mark Holland, MP (Ajax) Mark.Holland(c�parl.gc.ca Jennifer O'Connell, MP (Pickering —Uxbridge) .Jennifer.00onnellkparI.gc.ca Hon. Rod Philips, MPP (Ajax), Minister of the Environment, Conservation and Parks rod.phillipsco@pc.ola.org Lindsey Park, MPP (Durham) kindsey.parkco(cpc.ola.org Jennifer K. French, MPP (Oshawa) JFrench-CO@ndp.on.ca Lome Coe, MPP (Whitby — Oshawa) lorne.coeco(k pc.ola.org Hon. Peter BethlenfaIvy, MPP (Pickering -Uxbridge), President of the Treasury Board peter.bethlenfalvyco(a7,pc.ola.org Ralph Walton, Regional Municipality of Durham, ralph.walton@durham.ca Alec Harras, Town of Ajax, Alexander.harras@ajax.ca Anne Greentree, Municipality of Clarington, agreentree@clarington.net Clerk, City of Oshawa, clerks(a,,oshawa.ca Debbie Shields, City of Pickering, clerks@pickering.ca JP Newman, Township of Scugog, inewman@scugog.ca Debbie Leroux, Township of Uxbridge dleroux@town.uxbridge.ca Chris Harris, Town of Whitby, harrisc@whitby.ca Linda Laliberte, Ganaraska Region Conservation Authority, llalibertec grca.on.ca Mark Majchrowski, Kawartha Conservation, MMajchrowski.@,kawarthaconservation.com Mike Walters, Lake Simcoe Region Conservation Authority, m.walters c@lsrca.on.ca Dan Marinigh, Otonabee Conservation, dmarinigh(a otonabee.com John MacKenzie, Toronto and Region Conservation Authority, john.rnackenzn ie@trca.on.ca Nicholas Fisher, Conservation Ontario, nFischer@conservationontario.ca What we do on the land is mirrored in the water 25 REPORT CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY DATE: May 14, 2019 FILE: ASLA3 S.R.: 5642-19 TO: Chair and Members, CLOCA Board of Directors FROM: Chris Darling, Chief Administrative Officer SUBJECT: Modernizing Conservation Authority Operations APPROVED BY C.A.O. CZ Purpose: On April 5, 2019, the Ministry of Environment, Conservation and Parks posted a notice on the Environmental Registry of Ontario (#013-5018) proposing changes to the Conservation Authorities Act (CA Act) entitled Modernizing Conservation Authority Operations. This report provides comments on the proposed changes for the Board's endorsement. Background: The Ministry proposes amendments to the CA Act related to defining and delivering conservation authority core mandate and improving governance as follows: • clearly define the core mandatory programs and services provided by conservation authorities to be, natural hazard protection and management, conservation and management of conservation authority lands, drinking water source protection (as prescribed under the Clean Water Act), and protection of the Lake Simcoe watershed (as prescribed under the Lake Simcoe Protection Act); • increase transparency in how conservation authorities levy municipalities for mandatory and non -mandatory programs and services. Update the Conservation Authorities Act, an Act introduced in 1946 to conform with modern transparency standards by ensuring that municipalities and conservation authorities review levies for non -core programs after a certain period of time (e.g., 4 to 8 years); • establish a transition period (e.g. 18 to 24 months) and process for conservation authorities and municipalities to enter into agreements for the delivery of non -mandatory programs and services and meet these transparency standards; • enable the Minister to appoint an investigator to investigate or undertake an audit and report on a conservation authority; and, • clarify that the duty of conservation authority board members is to act in the best interest of the conservation authority, similar to not -for profit organizations. The Ministry is also proposing to proclaim un-proclaimed provisions of the CA Act related to: • fees for programs and services • transparency and accountability • approval of projects with provincial grants • recovery of capital costs and operating expenses from municipalities (municipal levies) • regulation of areas over which conservation authorities have jurisdiction (e.g., development permitting) • enforcement and offences • additional regulations The deadline for commenting on the posting is May 20, 2019. On May 2, 2019, the government introduced Bill 108, the proposed More Homes, More Choice Act which includes a series of proposed legislative amendments to a number of statues including the CA Act. The proposed amendments to the Conservation Authorities Act posted on the Environmental Registry noted above have been introduced as part of Bill 108. Cont'd 26 FILE: ASLA3 S.R.: 5642-19 Analysis and Response: 1. Defining Core Mandatory Programs: May 14, 2019 The Ministry proposes to define the core mandatory programs and services provided by conservation authorities to be, • natural hazard protection and management • conservation and management of conservation authority lands • drinking water source protection (as prescribed under the Clean Water Act) and • protection of the Lake Simcoe watershed (as prescribed under the Lake Simcoe Protection Act) (where applicable) Analysis. The Ministry has indicated that the four core mandatory programs are to be defined further through regulation that would establish standards and requirements for each. It is assumed that conservation authorities would then have legislative authority to levy member municipalities for these core mandatory programs and services. Municipal funding for non - mandatory conservation authority programs and services would be at the municipality's discretion and would require a memorandum of understanding or other type of agreement between the municipality and the conservation authority. The proposed core program areas have been key components of conservation authority programming and are supported by CLOCA as detailed by the following: • Natural hazard protection and management: Conservation authorities undertake essential watershed -based programs to protect people and property from flooding and other natural hazards, and CLOCA supports hazard management as a provincially mandated program. CLOCA's natural hazard protection and management program involves undertaking floodplain mapping, modeling, and monitoring streamflow, rainfall and snow cover, flood forecasting and flood warning, regulating development in flood prone areas, providing planning support and advice to municipalities to minimize flood impacts, acquiring important floodplain lands and undertaking general watershed management actions such as tree planting, and restoring natural areas that improve the landscape and make the watershed more resilient to the flooding events and climate change. Currently only approximately 1 % of the delivery of this program area is funded by the province. The remaining is funded through municipal levy and self -generated fees. Conservation and management of conservation authority lands: CLOCA supports the management of conservation authority land being identified as a core mandate. CLOCA owns over 2700 hectares of land across its jurisdiction. Conservation lands have been acquired, protected, and restored in an effort to support the protection, management, and restoration of the watershed's important natural resources, while providing for compatible recreational and educational uses. Conservation authorities carry out various land management activities which protect, enhance and restore the natural lands and make these areas safe enjoyable for the general public. With population growth in the watershed, there is additional pressure on these lands. User conflicts arise, and resources are required to prepare and implement management plans for these lands. This program area is currently funded primarily through self -generated revenue and municipal levy. • Drinking water source protection: As part of the CTC Source Protection Region, CLOCA completed a source protection plan for the watershed that sets out policies, which when implemented, are to protect existing and future municipal drinking water sources. The plans were created on the principles that protecting municipal water supplies needs to be done on a watershed basis, an area of land where all surface water drains into the same lake or river. Groundwater and surface water systems are linked and activities upstream can affect water downstream, regardless of political boundaries. The identified core program area of drinking water source protection is proposed to be limited to "prescribed" provisions under the Clean Water Act. Prescribed provisions under the Act, would be too limiting to enable required supporting watershed management activities. For example the prescribed provisions would not allow for updates to the watershed characterization reports nor allow for monitoring of watershed conditions — two critically important background components to protecting drinking water. Cont'd 27 FILE: ASLA3 S.R.: 5642-19 May 14, 2019 Conservation authorities are well positioned to deliver source water protection as there are already legislative requirements for conservation authorities. This program area is currently funded by the province. For the fiscal year 2019-2020, the province will fund CLOCA approximately $40,000. Details of future funding implications are unknown at this time. However, Bill 108 species that "an authority may, from time to time and in accordance with the regulations, determine the amounts owed by any of its specified municipalities in connection with the programs and services the authority provides in respect of the Clean Water Act, 2006". Municipalities would have the ability to apply to the Mining and Lands Commissioner, or to such other body as may be prescribed by regulation, for a review of the amounts owing. It is unclear if the program and services that CLOCA currently provide under the Clean Water Act would remain the same or be reduced/expanded. There is a concern that responsibility for funding the drinking water source protection program is proposed to be transferred to municipalities. Provincial funding of the program provided an equitable approach across the province, such that all local programs and studies of municipal water systems were funded according to their complexity and needs. It is important that the province involve conservation authorities and municipalities in how source water protection is to be carried out under this new legislative framework. • Protection of the Lake Simcoe watershed (as prescribed under the Lake Simcoe Protection Act) does not impact CLOCA. Watershed Management - A Core Mandate and Fundamental Element of the Core Program Areas Watershed management has been the foundation for all of conservation authority programs and services since the inception of conservation authorities. The CA Act should include a specific core mandate to undertake watershed management to protect and restore the ecological health of watersheds and further the implementing regulations for the natural hazard management, conservation area management and drinking water source protection should recognize watershed management as a key component to their delivery. Watershed management provides the necessary understanding and knowledge of watershed natural resources to effectively make informed decisions and carry out natural hazard protection and management, conservation and management of conservation authority lands and source water protection. Watershed management involves examining the environment and human activities within a watershed area and assesses the relationships between these activities to determine how the natural hazards, conservation areas and water resources of the watershed should be managed to ensure the health and safety of people and the protection of property, that conservation lands retain and enhance their ecological integrity and source water is protected. By applying a holistic approach to water management, a range of factors are taken into consideration such as water quality/quantity, significant water features, precipitation, climate water balance, water budgets and the hydraulic cycle. This work provides the foundation upon which natural hazards (flood and erosion) can be evaluated. Conservation areas often include a watershed's most ecologically sensitive and robust areas. These areas support flood resiliency, filter air and water contaminants, and protect drinking water resources. Watershed management provides the necessary understanding of the overall health of the watershed and subsequently guides conservation and management actions needed to ensure the health of conservation areas. The scientific work, modelling and data collection that is conducted through watershed management supports the science of source water protection. The water balances, water budgets, continued monitoring of water quality and water quantity as well as the modelling of surface water, groundwater and climate factors all provide the data and detail necessary to identify threats, risks and opportunities with respect to our drinking water resources. This information, consolidated with land use information, climate modelling and watershed stressors can identify potential future risks and threats to our drinking water resources. Essential elements of watershed management include monitoring and gathering scientific watershed natural heritage and water resource data, identification of threats, formulation of watershed environmental management plans, implementation of the management plans through watershed land use planning, regulatory authority, restoration/stewardship activities, and education and awareness. Cont'd 28 FILE: ASLA3 S.R.: 5642-19 May 14, 2019 Of critical importance will be the development of standards and requirements for each of the core mandatory program areas and what constitutes eligible activities within each of the mandated areas. Accordingly, if watershed management is not identified as a core program area, it should be identified in the implementation regulation as a key component required to carry out the core program areas. The Ministry should consult with conservation authorities and other stakeholders on the development of the regulations outlining the requirements for these core program areas. In order to provide early feedback, attachment 1 provides staff recommended eligible activities for the proposed identified core program areas, including critical components of watershed management. 2. Increased Transparency The Ministry proposes to increase transparency in how conservation authorities levy municipalities for mandatory and non - mandatory programs and services and ensuring that municipalities and conservation authorities review levies for non -core programs after a certain period of time (e.g., 4 to 8 years). It is also proposed that a transition period be established (e.g. 18 to 24 months) and process for conservation authorities and municipalities to enter into agreements for the delivery of non - mandatory programs and services and meet these transparency standards Analysis: It is understood that increased transparency would be accomplished through service agreements with municipalities that clearly define non -mandatory programs and services that will be provided by the conservation authority with municipal funding. It is also understood that conservation authorities will be able to levy the municipalities for core mandatory programs and services that they are expected to deliver for the Province, and that non -mandatory programs and services will need individual CA/municipal agreements for funding support in order for the CA to levy for the amount necessary to support the program expenses. Non -mandatory program and service areas could include activities such as natural heritage plan review, coastal wetland monitoring, and educational/community engagement activities not related to the identified core areas. Increased transparency in how conservation authorities levy municipalities for mandatory and non -mandatory programs and services is supported. CLOCA already collaborates with our member municipalities through a transparent budget process on the delivery of programs and services to our community Given that Durham Region and many other municipalities will have to work with multiple conservation authorities having jurisdiction in their municipality, a transition period for the execution of agreements will take some time not only for staff but also to have the agreements endorsed by Councils and Boards. As a result, a transition period for agreements should be a minimum of 24 months. 3. Minister Ability to Appoint an Investigator The Ministry proposes to enable the appointment an investigator to investigate or undertake an audit and report on a conservation authority. Bill 108 specifies that an investigator may, (a) inquire into any or all of the authority's affairs, financial and otherwise; (b) require the production of any records that may relate to the authority's affairs; (c) inspect, examine, audit and copy anything required to be produced under clause (b); (d) conduct a financial audit of the authority's operations, including its programs and services; and (e) require any member of the authority and any other person to appear before the investigator and give evidence on oath about the authority's affairs. (5) On completion of an investigation, an investigator shall report in writing to the Minister, who shall promptly transmit a copy of the report to the authority. (6) The Minister may require the authority to pay all or part of the cost of an investigation. Cont'd 29 FILE: ASLA3 S.R.: 5642-19 May 14, 2019 Analysis. The basis for this proposal was likely the 2018 Auditor General of Ontario Report on the Niagara Region Conservation Authority that made a number of recommendations to the province including "To ensure that issues that are beyond conservation authorities' ability to manage themselves are dealt with appropriately and in a timely manner, the Ministry of the Environment, Conservation and Parks work with municipalities to: • determine the circumstances when Ministry and/or municipality intervention is warranted; • establish mechanisms for the Ministry and/or municipalities to intervene when necessary in conservation authorities' operations; and • formalize such mechanisms through a memorandum of understanding between the Ministry, municipalities and conservation authorities that clearly establishes the roles and responsibilities of each party and when intervention is necessary" The items subject to investigation outlined in Bill 108 above appear to be information that CLOCA currently makes available to the public through our website. As a result, the ability to appoint an investigator is supported. However, there needs to be more certainty of how an investigation is determined to be warranted. Unjustified investigations at the cost of an authority is a concern. Clear rules of engagement that ensures there is a justifiable need for an investigation will be important. 4. Clarifying Duty of Board Members The Ministry proposes to clarify that the duty of conservation authority board member is to act in the best interest of the conservation authority, similar to not -for profit organizations. Bill 108 includes an amendment to the CA Act which would add the following "Every member of an authority shall act honestly and in good faith with a view to furthering the objects of the authority". Analysis: The basis for this proposal also likely came from the 2018 Auditor General of Ontario Report on the Niagara Region Conservation Authority that recommended to the province "To ensure effective oversight of conservation authorities' activities through boards of directors, we recommend that the Ministry of the Environment, Conservation and Parks clarify board members' accountability to the conservation authority." Leading governance practices suggest that board members who are appointed as representatives of a stakeholder group should be vigilant in ensuring that representing their stakeholder group does not conflict with acting in the best interest of the organization they are overseeing. However, under Section 2(3) of the CA Act, "board members have the authority to vote and generally act on behalf of their respective municipalities." Clarifying the duty of conservation authority board members to act in the best interest of the conservation authority is supported. 5. Proclaiming Provisions of the CA Act The Ministry is also proposing to proclaim un-proclaimed provisions of the CA Act related to: • fees for programs and services • would allow the Minister to determine classes of programs and services in respect of which an authority may charge a fee and set out requirements for an authority approved fee policy • transparency and accountability o would allow the Minister to: require an authority to disclose and publish information regarding authority programs, services and operations and require CAs to make available to public MOU with municipalities o governing conservation authority advisory board, e.g., require conservation authority establish advisory board (e.g., in response to a local issue), prescribe composition, functions, powers, duties, activities and procedures • governing composition of conservation authority boards and prescribe requirement re: appointment and qualifications of members Cont'd 30 FILE: ASLA3 S.R.: 5642-19 May 14, 2019 • approval of projects with provincial grants o Would clarify that before proceeding with a project that involved money granted by the Minister that the authority shall file plans and a description and obtain approval from the Minister in writing. • recovery of capital costs and operating expenses from municipalities (municipal levies) o Clarifies the process for how CAs can levy municipalities for expenses • enforcement and offences o enhancing enforcement provision such as stop work orders and increased fines • additional regulations. o Would allow the Minister to introduce new regulations Analysis. The proclamation of these provisions is supported as they will allow for clarity and consistency in fees charged, increase conservation authority transparency and accountability, clarify permitting actions, and increase enforcement ability. However, it is recommended that the determination of classes of programs and services of which an authority may charge a fee be informed by discussions between the province, conservation authorities and municipalities. RECOMMENDATIONS: THAT the Analysis Commentary in Staff Report #5642-19 be endorsed and submitted to the Province of Ontario and Conservation Ontario as CLOCA's comments regarding Environmental Registry Posting 013-5018; THAT the Minister of Environment, Conservation and Parks be requested to share any proposed regulations in draft form with CLOCA for meaningful consultation prior to enactment; and, THAT Staff Report #5642-19 be circulated Watershed Municipalities, Members of Provincial Parliament, Members of Parliament and adjacent Conservation Authorities for their information. CD/ms Attach. 31 Attachment 1: Core Mandatory Projirarns and Services — Details for Regulation The scope of standards and requirements to be described in regulations need to capture all key elements as well as foundational watershed management and climate change activities that support our ability to deliver on the core mandatory program and service as follows: Natural Hazard Protection and Management 1. Natural Hazard Protection and Management includes the following program areas: a. To inform flood forecast and warning and low water response; b. Undertake floodplain mapping, modeling and monitoring c. To adequately assess the risk of loss of life and property damage in the review of S.28 permit applications and to take management actions to reduce the risks; d. Procedures undertaken by CAs, to support the CA delegated role from MNRF to represent the provincial interest by reviewing policy documents and development proposals processed under the Planning Act for consistency with the PPS natural hazard policies; e. Undertaking Watershed Management The following key components are required in order to deliver natural hazard protection and management programing related to flood forecasting and warning, low water response and floodplain mapping, modeling and monitoring: Data collection and monitoring of hazard -related components such as precipitation, snow accumulation, surface and groundwater, land cover, land uses, permeable surface on a watershed scale Data management Watershed modelling and analysis, including future land use scenarios and natural cover to determine hazard areas on a watershed scale Hydrogeological and Hydraulic modelling Analysis of ice jam predictions and ice breakup Modelling and analysis to determine warning priority areas Modelling of watershed restoration needs to improve flood storage Hazard Mapping (including floodplains) Impact assessments on a watershed scale including climate vulnerability assessments Development of strategies and policies that support hazard management, including restoration opportunities, prioritization and strategies, conservation and hazard land acquisition planning strategies, climate change adaptation strategies, and policies for appropriate management and use of hazard lands) Implementation of hazard priority stewardship projects: shoreline protection and erosion control, restoration/naturalization, low impact development techniques, and restoration of watershed vegetative cover/wetlands/infiltration to reduce flood and erosion impacts Coordination of multi -stakeholder low water response teams Flood response and recovery analysis (post -event) Hazard land securement and management Communications, outreach and public education activities The following are key components of natural hazard protection and management programing related to delivery of Section 28 Regulation under the CA Act: Pre -consultation with applicants Issuance of permits Confirmation of compliance with permit conditions Enforcement of regulations Hearings and appeals 32 Watershed natural hazard information (i.e. nature and extent of natural hazards as identified above) that support implementation of the program Development of and consultation on implementation policies and regulatory mapping Regular reporting on service delivery standards Communications, outreach and public education activities The following components are required to deliver Plan Review on matters of provincial interest relating to the Natural Hazards (Section 3.1 under Public Health and Safety made under the Provincial Policy Statement; Pre -consultation with applicants Broad policy interpretation and comment Watershed natural hazard information (i.e. nature and extent of natural hazards as identified above) that support implementation of the program Appeals of planning decisions Transfer of data, information and science (Natural Hazard Information) to municipalities, applicants or EA proponents, Provision of advice on matters relating to natural hazards policy to MMA and provincial EA project proponents Communications, outreach and public education activities Operate dams/reservoirs Conservation and Management of Conservation Authority Lands 1. Effective conservation and management of authority owed lands needs to be carried out within the context of watershed management including the following components: Watershed and local data collection and monitoring Data management Analysis of health of watershed including, changes in health from stresses, climate vulnerability assessments and adaptation strategies and how conservation lands contribute to improving watershed conditions Based on how conservation lands contribute to watershed health carry out an analysis of management and restoration needs Development and consultation on management plan Development of strategies and policies (including financial) that support the management objectives for the Conservation Area and meet legislative requirements for accessibility and public safety Implementation of priority stewardship and restoration projects (e.g. invasive species removal, trail/boardwalk and habitat improvements, woodlot management) Development of and consultation on conservation area uses and implementation policies Regular inspections and maintenance of the property, facilities and infrastructure (e.g. buildings, parking lots, washrooms, trails) Land management activities and enforcement to ensure continued public safety, accessibility, and property protectionCommunications, outreach and public education activities (including signage) Enforcement of regulations (with an emphasis on public safety and the Trespass to Property Act Drinking Water Source Protection Effective source water protection can only be accomplished through a watershed management approach that includes the following elements: - Watershed data collection and monitoring Data management Watershed modelling and analysis to determine how land uses impact Lake Ontario water quality 33 Conduct watershed -wide water quality and quantity monitoring (groundwater and surface water) for early detection of source water quality and quantity problems Update regional water budget modeling studies to assess for factors such as growth, demand and climate change Conduct climate change vulnerability assessments to ensure that climate change impacts are assessed, which in turn supports effective policy making through source protection plan updates Provide data retention and information management Identify whether updates to assessment reports and plans are necessary to improve implementation. Provide advice and liaise with municipal residential drinking water system owners to support source protection planning for new or changing systems. Facilitate review of the annual report by the SPC and then submit report to the MECP Communications, outreach and public education activities. Provide advice and program support to municipal staff and other implementing bodies to assist with policy interpretation and resolve issues with policy implementation Provide advice on the review of local applications/decisions in vulnerable areas to ensure integration of source protection planning into other water management processes including watershed management plans, Permit To Take Water, etc. Implement significant threat policies to address drinking water threats and if established, comply with mandatory source protection plan policies for Great Lakes targets. Implement priority drinking water source stewardship projects: e.g. septic system inspection programs, low impact development, well decommissioning, soil phosphorus tests, etc. 34 AURORA. yocire LH, CgoocG Coiat{w v May 15, 2019 The Honourable Doug Ford Premier of Ontario Premier's Office, Room 281 Legislative Building, Queen's Park Toronto, ON M7A 1A1 Dear Premier Ford: Legislative Services Michael de Rond 905-726-4771 clerks Q aurora.ca Town of Aurora 100 John West Way, Box 1000 Aurora, ON L4G 6J1 Delivered by email doug.ford@pc.ola.org Re: Town of Aurora Council Resolution of Tuesday, May 14, 2019 Re: Motion (a) Mayor Mrakas; Re: Response to Bill 108, the More Homes, More Choice Act Please be advised that this matter was considered by Council at its meeting held on Tuesday, May 14, 2019, and in this regard Council adopted the following resolution: Whereas the legislation that abolished the Ontario Municipal Board (OMB) and replaced it with the Local Planning Appeal Tribunal (LPAT) received unanimous, all -party support; and Whereas all parties recognized that local governments should have the authority to uphold their provincially -approved Official Plans, to uphold their community -driven planning; and Whereas Bill 108 will once again allow an unelected, unaccountable body to make decisions on how our communities evolve and grow; and Whereas on August 21, 2018, Minister Clark once again signed the Memorandum of Understanding (MOU) with the Association of Municipalities of Ontario and entered into "...a legally binding agreement recognizing Ontario Municipalities as a mature, accountable order of government."; and Whereas this MOU is "enshrined in law as part of the Municipal Act" and recognizes that as "...public policy issues are complex and thus require 35 Re: Town of Aurora Motion (a) Response to Bill 108, the More Homes, More Choice Act May 15, 2019 Page 2 of 3 coordinated responses...the Province endorses the principle of regular consultation between Ontario and municipalities in relation to matters of mutual interest"; and Whereas by signing this agreement, the Province made "...a commitment to cooperating with its municipal governments in considering new legislation or regulations that will have a municipal impact"; and Whereas Bill 108 will impact 15 different Acts: Cannabis Control Act, 2017; Conservation Authorities Act, Development Charges Act; Education Act; Endangered Species Act, 2007; Environmental Assessment Act; Environmental Protection Act, Labour Relations Act, 1995; Local Planning Appeal Tribunal Act, 2017; Municipal Act, 2001; Occupational Health and Safety Act Ontario Heritage Act; Ontario Water Resources Act, Planning Act and Workplace Safety and Insurance Act, 1997; 1. Now Therefore Be it Hereby Resolved That the Town of Aurora oppose Bill 108, which in its current state will have negative consequences on community building and proper planning; and 2. Be It Further Resolved That the Town of Aurora call upon the Government of Ontario to halt the legislative advancement of Bill 108 to enable fulsome consultation with Municipalities to ensure that its objectives for sound decision -making for housing growth that meets local needs will be reasonably achieved; and 3. Be It Further Resolved That a copy of this Motion be sent to The Honourable Doug Ford, Premier of Ontario, The Honourable Christine Elliott, Deputy Premier, The Honourable Steve Clark, Minister of Municipal Affairs and Housing, Andrea Horwath, Leader of the New Democratic Party, and all MPPs in the Province of Ontario; and 4. Be It Further Resolved That a copy of this Motion be sent to the Association of Municipalities of Ontario (AMO) and all Ontario municipalities for their consideration. The above is for your consideration and any attention deemed necessary. 36 Re: Town of Aurora Motion (a) Response to Bill 108, the More Homes, More Choice Act May 15, 2019 Page 3 of 3 Yours sincerely, fIV M(chae a Rond Town Clerk The Corporation of the Town of Aurora MdR/Ib Copy: Hon. Christine Elliott, Deputy Premier Hon. Steve Clark, Minister of Municipal Affairs and Housing Andrea Horwath, Leader of the New Democratic Party All MPPs in the Province of Ontario Association of Municipalities of Ontario All Ontario Municipalities 37 car 360 MEMORANDUM TO: Mayor and Members of Council, Municipality of Clarington FROM: Jackie Harman Project Manager, G36° Institute for Groundwater Research, University of Guelph CC: Dr Parker, Dr Cherry, Dr Arnaud, Dr Gerber, Co -Principal Investigators Clint Cole, Enniskillen Environmental Association Faye Langmaid, Manager of Special Projects, Planning Services Department, Municipality of Clarington DATE: May 23, 2019 SUBJECT: DRILLING 100 METRE AND 50 METRE BOREHOLES AND INSTALLING G36° GROUNDWATER MONITORING SYSTEMS AT MUNICPALITY OF CLARINGTON HYDRO ONE SITE The installation of paired groundwater multi -level monitoring systems (MLS), with a total of 16 monitoring ports, has been in the planning stages for a few years at the Hydro One site in the Municipality of Clarington, ON, with a design proposed in Sydney Duggan's MSc thesis (2016). This work is to be funded by contributions from the Municipality of Clarington, the University of Guelph, and Hydro One. In August 2018 the University of Guelph assembled a team to undertake this work, including booking the rotosonic drilling contractor, Choice Sonic Drilling. This contractor cancelled the work at the last moment due to driller injuries and unavailability. We originally selected rotosonic drilling to avoid the use of drilling muds which may impact groundwater monitoring results and uses an outer temporary casing to facilitate installation of the multi -level system in the boreholes. An additional benefit was to use the continuous core to compare to the nearby core location used to inform the MLS design. However, the primary focus of this project has always been the installation of a high resolution groundwater monitoring system at the site, with minimum impact on natural water chemistry. The principal investigators leading the field investigation work (Drs Parker, Cherry, and Arnaud, from the G360 Group at the University of Guelph and Dr. Gerber from CLOCA) have decided to proceed with the MLS with the dual rotary drilling method. This method meets the key requirements of no drilling muds and temporary casing for MLS installation, and allows the investigation to move forward in a timely fashion. The lack of core is secondary, as a geophysical log can confirm geology along with drill cuttings. In conversation with Hydro One, we have tentatively scheduled this work with the drillers to commence the week of June 17, 2019. We would like to ensure that the $25, 000 committed by the Municipality of Clarington be dedicated to the installation of the groundwater monitoring devices using the dual rotary method. G360 Institute for Groundwater Research Pursuing Science. Protecting Groundwater 50 Stone Road East, Guelph, ON, Canada N1G 2W1 https://g360group.org UNIVERSITY 1GUEL _H 38 Excerpt of the April 27, 2015 Council Minutes For Committee's information, the following is a portion of Resolution #C-136-15, passed on April 27, 2015, which is currently in force and makes no specific reference to the type of drilling: That Council Resolution # C-172-14 (Attachment 3) granting G360 Group access to Townline Road for the purpose of a deep borehole and providing a grant of $25,000 to the University of Guelph be rescinded; That the Municipality of Clarington provide up to $25,000 to fund the joint proposal of Central Lake Ontario Conservation Authority, University of Guelph and McMaster University (G360 Group) for their proposal "Hydrogeological Assessment of the South Slope of the Oak Ridges Moraine" dated April 2, 2015 (Attachment 1); 39 Clarington Planning Services Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: June 3, 2019 Report Number: PSD-027-19 Resolution: File Number: PLN.1.1.25 By-law Number: Report Subject: Summary of proposed amendments to The Growth Plan for the Greater Golden Horseshoe 2019; Bill 108, the More Homes, More Choice Act, and other related Legislation Recommendations: 1. That Report PSD-027-19 be received; 2. That Council reaffirms Resolution C-061-19 passed on February 25, 2019, in respect to Provincially Significant Employment Zones and the Major Transit Station Areas; 3. That the Minister of Municipal Affairs and Housing be forwarded a copy of Report PSD- 027-19 and Council's decision; 4. That the Durham Regional Planning and Economic Development Department be forwarded a copy of Report PSD-027-19 and Council's decision; and 5. That all interested parties listed in Report PSD-027-19 and any delegations be advised of Council's decision. 40 Municipality of Clarington Report PSD-027-19 Page 2 Report Overview The Provincial government introduced and passed first reading of Bill 108, More Homes, More Choice Act, 2019 on May 2, 2019. Bill 108 is considered an omnibus Bill as it seeks to amend 13 different acts that have a major impact on municipalities particularly in the areas of planning and development and finance. As part of the proposed changes, the Province also issued discussion papers and regulatory proposals with different time frames for public review. These proposed changes are in addition to the amendments to the Growth Plan; staff presented a report to Council on February 19, 2019 (PSD-015-19) on the proposed changes. The final changes were released on May 2, and the new Growth Plan for the Greater Golden Horseshoe 2019 is in effect as of May 16, 2019. This information report presents a summary of the most important changes; however, the extent of the full impact of the proposed legislation will only be known once the Province releases the respective Provincial regulations. Once the Regulations are released, more detailed reports to Council will be provided as required. 1. Summary of Key Changes of the Growth Plan for the Greater Golden Horseshoe, 2019 1.1 Employment Lands The Growth Plan now gives municipalities some flexibility to convert Employment Areas to a designation that permits non -employment uses in advance of a Municipal Comprehensive Review (MCR) subject to the following criteria: • A need is determined; • There are no adverse effect on the viability of an Employment Area or achievement of intensification and density targets; • There are existing or planned infrastructure and public services; and • A significant amount of jobs are maintained. Provincially Significant Employment Zones - PSEZ 1.2 As presented in PSD-015-19 the Province has introduced a new designation, Provincially Significant Employment Zones that are to be protected and cannot be converted to permit non -employment uses outside of an MCR. The Growth Plan defines PSEZ as areas defined by the Minister in consultation with affected municipalities for the purpose of long- term planning for job creation and economic development. Provincially significant employment zones can consist of employment areas as well as mixed -use areas that contain a significant number of jobs. 41 Municipality of Clarington Page 3 Report PSD-027-19 1.3 The Province issued the map of the proposed Provincially Significant Employment Zones; the boundaries of these zones are yet to be finalized by the Province even though the policies are already in effect. 1.4 The Province has identified the majority of the Courtice Employment Lands as Provincially Significant Employment Zones, including the areas identified for the proposed GO Train station. However, the map released on May 2, 2019, does not reflect the changes requested by Clarington Council through PSD-015-19. As a result, it is recommended that Council reaffirm the resolution passed on February 25, 2019. Settlement Area Boundary Changes in Advance of an MCR 1.5 Under the new Growth Plan, municipalities may expand their settlement area boundaries in advance of an MCR, provided that the amount of land being added to the settlement area is not more than 40 hectares. 1.6 In addition to the limited size, Settlement Area Boundaries may be expanded without an MCR in accordance with the following: • The lands will meet the resident and job density targets or the employment area density targets established pursuant to the Growth Plan; • The normally applicable requirements for a settlement area expansion are met; • The land is not a rural settlement or in the Greenbelt; • The land is serviced and there is sufficient reserve capacity; and • The land will be fully accounted for in the next MCR. 1.7 On February 25, 2019, as part of Council resolution C-061-19 requesting changes to the mapping for the Provincially Significant Employment Zones, Council requested that it be allowed the opportunity to complete the rounding out of Hamlet boundaries approved through OPA 107. Following the release of Bill 108 Council passed resolution PD-069-19 on May 21, 2019, requesting once more that the Provincial government support the rounding out of Hamlets as adopted in the Clarington Official Plan and approved by the Region of Durham in June 19, 2017. The Resolution states: "That Staff make written submission with respect to OPA 107 to the Ministry of Municipal Affairs and Housing to request that the transition regulation for the Growth Plan 2019, and the Greenbelt Plan be reviewed and amended to accommodate minor rounding out in the hamlets in appropriate circumstances." 1.8 Staff has already sent this request to the Provincial government as part of the commenting period for the proposed Modifications to O. Reg. 311/06 (Transitional Matters - Growth Plans) made under the Places to Grow Act, 2005 to implement A Place to Grow: Growth Plan for the Greater Golden Horseshoe 2019. 42 Municipality of Clarington Page 4 Report PSD-027-19 Major Transit Station Areas - Transit Oriented Development 1.9 The Growth Plan allows Durham Region to delineate the boundaries of Major Transit Station Areas ("MTSA") and to identify density targets. To implement these policies, the Region of Durham is currently undertaking its' municipal comprehensive review (MCR) — Envision Durham. Through Envision Durham, the Region has been releasing discussion papers on a variety of topics, the next release is related to Growth Management. 1.10 In preparing of the Growth Management discussion paper, the Region has held a number of meetings with the municipalities, in particular with the City of Oshawa and the Municipality of Clarington to assist with delineation of the Major Transit Station Areas in support of the proposed GO Train expansion to Bowmanville. 1.11 As Council is aware, Metrolinx is reviewing the GO Train expansion project and has released four alternatives, three of which would change the planned structure of the Regional and local Official Plans. 1.12 The proposed alternatives by Metrolinx and the station sites will be the subject of a separate report to Council in the future. Intensification and Density Targets 1.13 The Growth Plan 2019 retains the same intensification target for development within the delineated built-up areas for Durham Region: 50 per cent until 2031. To implement the intensification target, the Growth Plan requires that at a minimum 50 per cent of residential development each year must occur within the delineated built-up area. 1.14 The Growth Plan also maintains the density targets for designated Greenfield areas. These are areas between the delineated built boundary and the urban boundary and the density continues to be 50 residents and jobs combined per hectare. Greenfield lands should not be confused with lands in the Greenbelt Plan area (lands outside of the urban areas). Natural Heritage System and Agricultural System Mapping 1.15 The Province has created Provincial Natural Heritage System mapping and Provincial Agricultural System mapping. These mapping products, may be refined by the upper or single tier municipality prior to being implemented in an applicable upper tier or single tier official plan. Clarington will assist with this refinement as part of the MCR review and prior to implementation. 1.16 Until then, existing official plan mapping applies. Through changes to O. Reg. 525/97 the Minister's approval is now required for any official plan amendment seeking to implement changes to the agricultural system for the GGH and Natural Heritage System for the Growth Plan. 43 Municipality of Clarington Page 5 Report PSD-027-19 2. Summary of proposed changes in Bill 108, the More Homes, More Choices Act, 2019 2.1 Much of the implementation of Bill 108 will take place through Provincial Regulations. Staff will be reporting to Council as the legislation evolves and the related regulations are published. 3. Changes to the Local Planning Appeal Tribunal Act, 2017 and the Planning Act 3.1 The proposed changes have the effect of undoing the revisions made by the previous government to the Ontario Municipal Board system. Some of the key changes are: • Allow the Tribunal to require the parties to participate in meditation or dispute resolution under rules to be established by the Tribunal; • Continued power for the Tribunal to limit direct and cross examination of witnesses; • Those granted participant status in a proceeding may now only make written submissions to the Tribunal; • The list of persons for which the Tribunal can examine or require to produce evidence has been narrowed to those persons who are actively involved in the proceeding; • Grounds for appeal are no longer limited to failure to conform with provincial plans or official plans or failure to be consistent with Provincial Policy Statements; • Tribunal may decide on the appeal based on what may constitute "good planning" for the adjudicator; • If the minister determines that a matter of provincial interest may be adversely affected by the amendment before the Local Planning Appeal Tribunal, the minister may give notice 30 days before the hearing commences. 3.2 Changes to the Planning Act significantly reduce the time a municipality would have to make a decision on an application before an appeal can be filed: Application Pre- Bill 108 Bill 108 Official Plan/Official Plan Amendment Zoning By-law Amendment Plan of Subdivision 210 days 150 days 180 days 120 days 90 days 120 days Table 1: Timeframe for Applications 44 Municipality of Clarington Page 6 Report PSD-027-19 4. Changes to the Development Charges Act and the Planning Act New Community Benefits Charge for Section 37 and Parkland Dedication Contributions 4.1 Bill 108 proposes some significant changes to how a Municipality collects development charges; should these changes be passed, it will affect the municipality's annual budget and long term financial planning processes. The legislation would allow municipalities to continue to collect development charges for some capital costs (e.g. water, waste water, police, and fire protection), but would eliminate development charges for a number of other capital costs. 4.2 Under the proposal, the municipality would no longer be permitted to collect development charges for capital costs related to libraries, recreation, development studies, park development, and animal control. Instead, the draft legislation introduces the concept of a "Community Benefit Charge" (CBC) as an amendment to the Planning Act, which would substitute for development charges in relation to capital costs for these items. The CBC would be limited to a percentage of the land value. • It is not entirely clear that our ability to acquire parkland based on 5% dedication for residential and 2% industrial/commercial is still available. Also, the mechanism to allow the Municipality to acquire parkland or cash -in -lieu based on dwelling units (1 ha per 300 dwelling units) has been eliminated; • Where there is a site plan control area or zoning by-law amendment application, the amount of development charges would be determined as of the date of the application, rather than the date the building permit is issued; • In most situations, payment of development charges for rental housing, institutional, industrial, commercial, and non-profit housing would be payable in six annual instalments, the first of which would be deferred until the occupancy or issuance of the occupation permit, whichever is earlier. 4.3 Much of the details will be defined through the regulations, but the proposed CBC framework includes the following: • Before passing a CBC by-law, the municipality must prepare a community benefits charge strategy that identifies the facilities, services and matters that will be funded with community benefits charges; • There is a dispute mechanism available if payment is made under protest (as supported by an appraisal) and the difference between the owner's appraisal and the municipality's appraisal is greater than five per cent; • Moneys received under a CBC by-law must be paid into a special account. The municipality must spend or allocate 60 per cent of the special account funds at the beginning of each year; 45 Municipality of Clarington Page 7 Report PSD-027-19 • The ability to save funds for future large scale projects may be hampered by the requirement to spend (or "allocate") 60% every year. It is not clear if committing funds to a specific project in the future will be allowed, given that funds must be set aside into a separate account ("reserve fund") this requirement may not allow for saving for large scale projects; • If a CBC by-law is passed, Council must provide the prescribed reports and information; • A land owner may provide contributions in -kind (facilities, services or matters required because of development); • Parkland dedication requirements are no longer in effect when a Community Benefits Charge By-law has been passed; • The impact of the change from Development Charges to the Community Benefit Charge is not yet quantifiable due to the fact that the allowed rate will be set out through regulations which are not yet publicly known. Other Planning Act Changes 4.4 Proposed changes to the legislation would make it permissible to create additional residential units in a house or ancillary building where official plan policies allow. These additional residential units would be exempt from the payment of development charges. 4.5 New provisions promoting inclusionary zoning policies for protected major transit station areas and areas in which a development permit system is established in response to a minister's order. 4.6 The minister could, by order, require a municipality to adopt a development permit system applicable to an area delineated in the order, or to a specific location with a surrounding area to be determined by the municipality. 5. Changes to the Education Act 5.1 School boards could apply to the Minister of Education for: • 'Alternative Projects' that would allow school boards to spend education development charge funds on non -eligible costs so long as the project provides for pupil accommodation and reduces the costs of acquiring land; and • 'Localized Development Agreements' that would allow a school board to accept a real property interest or other prescribed benefit in lieu of the developer paying education development charges. 5.2 New ministerial oversight over school boards' plans to acquire land including veto powers over expropriations and acquisitions. 46 Municipality of Clarington Page 8 Report PSD-027-19 6. Changes to the Ontario Heritage Act Conservation Review Board Role 6.1 One of the major changes to the Act is how appeals to designation by-laws are handled. If a designation by-law is appealed, the LPAT would have jurisdiction to amend or repeal the by-law, rather than the Conservation Review Board. Whereas the Conservation Review Board can only make recommendations to Council, the LPAT can make decisions that override the decisions of Council. A Party that objects to the notice of intent to designate their property would be granted a right to appeal a designation by-law to the LPAT. In addition, under the proposed changes to the LPAT Act, the appeal of a designation by-law would be a new hearing on the merits, instead of a review of Council's decision. 6.2 The right to appeal to the LPAT is also proposed to apply to Council's decisions regarding the alteration of protected heritage properties. Other heritage matters, such as the demolition or removal of designated structures, and the designation of a heritage conservation district are currently subject to appeal to an LPAT appeal process that is not proposed to be modified by Bill 108. New Complete Application Timelines and Information Requirements 6.3 Bill 108 proposes a 60-day timeline requiring municipalities to provide notice as to whether an application for alteration or demolition is complete, and to render decisions within 90 days of receiving a complete application. Also proposed is clarification that in certain instances, demolition/removal on a designated property pertains to heritage attributes as set out in the by-law, as well as to the building or structure as a whole. 6.4 Similar to applications under the Planning Act, proposed Heritage Act changes would provide for future regulations enabling municipalities to establish minimum information and material requirements for alternation and demolition applications. Potential Regulations to Prohibit Designation after Prescribed Events and New Timelines for Designation 6.5 Bill 108 introduces a new 90-day time limit for municipalities to initiate the designation process via a notice of intent where a "prescribed event" has occurred on the property. After the time period elapses, the designation process would not be permitted to be pursued. Prescribed events are to be identified by future regulations, however certain Planning Act applications are anticipated to be included. 6.6 New timelines would require municipalities to pass the designation by-law within 120 days of issuing the notice of intent to designate, after which the notice of intent would be deemed to have been withdrawn. 47 Municipality of Clarington Page 9 Report PSD-027-19 New Right to Object the Addition of a Property to the Municipal Register 6.7 The Heritage Act currently provides municipalities the opportunity to list non -designated properties on a Municipal Register without passing a by-law and without giving notice to the owners that their property has been listed. Listing non -designated properties has the effect of preventing demolition unless the owner gives Council at least 60 days' notice, which protects the buildings from being demolished without proper evaluation of their cultural heritage significance. 6.8 Bill 108 would require municipalities give the owners notice within 30 days of adding a property to the Register, and would allow owners to object to the listing. Council would then be obliged to consider the owner's objection, but the owner would have no right of appeal if Council decides to list the property over the owner's objections. It is currently Clarington's practice to notify property owners that Council will be considering adding their property to the Register in advance of bringing forward a recommendation report. Heritage Principles under Future Regulations 6.9 Bill 108 also indicates that the provincial government will likely bring forward new heritage regulations after it amends the current Heritage Act. Such regulations would include statements of heritage principles that must be considered by municipalities, and requirements for descriptions of heritage value or interest in designation by-laws. 7. Changes to the Environmental Assessment Act (the EA Act) 7.1 Bill 108 introduces several short-term changes while broader longer term review of the environmental assessment program is considered by the Minister. The focus of the changes proposed as part of Bill 108 is to reduce the regulatory burden on low -risk projects. Exempting Certain Undertakings from Class EAs 7.2 Proponents of projects subject to the Ontario Environmental Assessment regime are required to complete an assessment of the proposed undertaking either as an individual environmental assessment (EA), or as a class environmental assessment (Class EA), 7.3 Class EAs apply to projects that are carried out routinely, and have predictable environmental effects that can be readily managed. The proposed changes would require Class EAs to be amended to describe undertakings which are to be exempt from the application of the EA Act. The projects likely to be exempt are described by the Ministry as very low -risk activities. 7.4 The proposed amendments further identify certain Crown Corporations and Provincial Ministries which, acting as proponents, would be able to identify in the course of the early screening stage that a proposed undertaking does not require further assessment or public consultation, thereby exempting it from the application of the EA Act. 48 Municipality of Clarington Page 10 Report PSD-027-19 7.5 Bill 108 amendments also propose the following list of specific low -risk undertakings as exemption from the application of the EA Act: • Group A of the GO Transit Class Environmental Assessment • Group D of the Class Environmental Assessment for Provincial Transportation Facilities • Schedules A and A+ of the Municipal Class Environmental Assessment • Category A of the Class Environmental Assessment for MNR Resource Stewardship and Facility Development Projects 7.6 The EA Act has a provision to integrate a Municipal Class Environmental Assessment with the Planning Act to satisfy both Acts' requirements during the Secondary Plan process. Directly integrating the streamlined environmental assessment processes into the Planning Act or developing a mechanism to coordinate reviews being proposed to avoid separate reviews of the same issue as a long term solution. 8. Changes to the Environmental Protection Act - Brownfields and Redevelopment — Ontario Regulations 153/04 8.1 The Ministry has also proposed amendments to the Records of Site Condition Regulation (O. Reg.153/04, Brownfields Regulation), with the stated purpose of enhancing the economic viability of brownfield projects by reducing delays, enhancing clarity, and providing certainty for redevelopment. 8.2 Brownfields are properties that have become contaminated as a result of prior industrial or commercial use. Brownfield properties are often left vacant or underutilized, and may be located in areas where redevelopment would otherwise be desirable. To allow for redevelopment, an approved Record of Site Condition is required (RSC). 8.3 The proposed amendments would exempt certain projects from the requirement to file an RSC. • Low-rise buildings changing from commercial or community use to a mixed use adding either residential or institutional use would be exempt, as long as the residential and institutional use is limited to floors above the ground floor. • Indoor cultivation of crops using hydroponics or other cultivation methods that do not rely on soil from the property is proposed to be defined as an industrial use, as opposed to the more sensitive agricultural use, if the building was previously in industrial, commercial, or community use. 49 Municipality of Clarington Page 11 Report PSD-027-19 9. Changes to the Conservation Authorities Act 9.1 The proposed legislative changes are intended to add clarity to the core responsibilities of conservation authorities, and to ensure municipalities agree and understand the objectives of the municipal funding provided to the conservation authorities (CAs), in our case, the three CAs in Clarington are Ganaraska Region and Central Lake Ontario and Kawartha Conservation Authorities. 9.2 Amendments propose the following programs and services as the core mandate for conservation authorities: • risk of natural hazards; • conservation and management of lands owned or controlled by the authority; • Related to the authority's duties, functions and responsibilities as a source protection authority under the Clean Water Act, 2006. 9.3 Proposed changes also outline the permitting and regulatory powers of CAs with respect to development in hazard lands (e.g., floodplains) and with respect to interference with a watercourse or a wetland. 9.4 CAs will be permitted to provide programs and services outside of the core mandate. These include programs and services requested to be provided by a municipality and delivered in accordance with a memorandum of understanding entered into between the authority and the municipality. Lastly, a CA may provide any programs and services within its area of jurisdiction to further the authority's objectives, provided the funding requirement described below is met. Conservation Authority Funding Transparency 9.5 The proposed amendments which address the process of allocating the costs for capital and operational expenditures as between the benefiting municipalities. The proposed amendments further stipulate that if a CA wishes to carry out a non -mandatory program which requires municipal funding, the authority must enter into an agreement to secure funding for the program from each participating municipality 9.6 The amendments will also affect the permitting and regulatory powers of CA by exempting certain low -risk development activities, and allow CAs to further exempt other low -risk development activities from requiring a permit. 9.7 The new regulation is also proposed to require CAs to notify the public of changes to regulated areas, such as floodplains and wetland boundaries. 50 Municipality of Clarington Page 12 Report PSD-027-19 10. Proposed Changes to the Endangered Species Act Landscape Agreement — A New Compliance Mechanism 10.1 The proposed amendment introduces a landscape agreement as a way for a proponent to receive authorization for multiple activities throughout an identified geographic area. Activities that would otherwise be prohibited by the protection provisions may be allowed under a landscape agreement, provided the proponent undertakes certain beneficial actions within the same geographic area. The key to the landscape agreement is that the benefiting species are not all required to be the same as the species impacted by the proponent's activities. Species at Risk Conservation Fund and Species Conservation Charge 10.2 The amendments proposed as part of Bill 108 would establish the Species at Risk Conservation Fund. The purpose of the fund is to fund activities that are reasonably likely to protect or recover Conservation Fund Species or support their protection or recovery. 10.3 One of the sources of revenue of the fund are species conservation charges, which may be required as part of the following: • Landscape agreement, if an impacted species is also a Conservation Fund Species; • an overall benefit permit, where species conservation charge may be an alternative to demonstrating that an overall benefit to the species will be achieved; • a permit issued pertaining to an activity that will result in a significant social or economic benefit, where the proponent may be required to pay a species conservation charge; • Authorization to engage in an activity permitted by other acts, if the authorized person is required to pay the species conservation charge by regulation; 10.4 The Species at Risk Conservation Fund is proposed to be administered by a Crown agency referred to as the Species at Risk Conservation Trust. This agency will determine which activities are eligible for funding, and will develop guidelines to establish the objectives, priorities, and standards for activities. 51 Municipality of Clarington Report PSD-027-19 Page 13 11. Conclusion The Changes to the Growth Plan and the legislative proposals of Bill 108 will have a significant impact on the development process and on how the municipality plans for and provides facilities and services for new development. The details about the implementation of many of these changes are still to be defined through Provincial regulations. Staff will update Council once the final legislation and regulations are enacted. 7‹ Submitted by: Reviewed by: Michael Seaman, RCIP, MPP, Andrew C. Allison, B. Comm, LL.B Director of Planning Services CAO Staff Contact: Carlos Salazar, Manager, Community Planning and Design Branch, 905-623- 3379 ext. 2409 or csalazar@clarington.net List of interested parties to be notified of Council's decision is on file in the Planning Services Department. MS/CS/nl Attachment 1: Council Resolution 52 Attachment 1 to Report PSD-027-19 Excerpt of the February 19, 2019 Planning and Development Committee Minutes 12.5 PSD-015-19 Proposed Changes to the Growth Plan for the Greater Golden Horseshoe Resolution #PD-021-19 Moved by Councillor Hooper, seconded by Councillor Anderson That Report PSD-015-19 be endorsed; That the proposed changes to the Growth Plan for the Greater Golden Horseshoe are generally supported. However, the following recommendations and the comments contained in Report PSD-015-19 be endorsed as Clarington's formal submission to the Ministry of Municipal Affairs and Housing: • The proposed Provincially Significant Employment Zones be removed from the area identified as the Courtice Major Transit Station Area as shown in Attachment 2; • Provincially Significant Employment Zones be added to the lands between Courtice Road and Highway 418, south of Bloor Street as shown in ttachment 2; • The proposed Provincially Significant Employment Zones be removed from the areas where they overlap with the Southeast Courtice Secondary Plan and the Southwest Courtice Secondary Plan areas as shown in Attachment 2; • The lands between Durham Highway 2 and Bloor Street, east of Courtice Road to the future Highway 418 be added as employment area to the Courtice urban area; and • The long-term goal of net -zero communities be maintained as a guiding principle of the Growth Plan. That a copy of report PSD-015-19, be forwarded to the Ministry of Municipal Affairs and Housing, Metrolinx, the Durham Regional Planning and Economic Development Department and any interested parties. Carried 53 Clarington Planning Services 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 & Development Committee Date of Meeting: June 3, 2019 Report Number: PSD-028-19 Resolution: File Number: PLN 25.1.58 By-law Number: Report Subject: Renaming of King Street in Haydon and King Street in Bowmanville Recommendations: 1. That Report PSD-028-19 be received; 2. That Staff be authorized to hold two Public Information Sessions, one in Haydon and one in Bowmanville; 3. That all landowners fronting onto the affected streets be provided notice through direct mail circulation; 4. That Staff be authorized to take appropriate actions under Section 48 of the Municipal Act to hold a Public Meeting regarding the proposed street name changes that emerge as the preferred option through the Public Information Sessions; 5. That a copy of Report PSD-028-19 and Council's decision be forwarded to the Durham Regional Police Service and the Durham Regional Planning and Economic Development Department; and 6. That all interested parties listed in Report PSD-028-19 and any delegations be advised of Council's decision. 54 Municipality of Clarington Report PSD-028-19 Page 2 Report Overview It has been brought to staff's attention that there are two duplicate King Street names in Clarington that have led to some confusion for mail delivery. Some residents have also expressed concerns about potential response delays in the event of an emergency when vehicles are dispatched. To address these two situations, the first step would be to hold two Public Information Sessions in their respective areas to obtain public input. This would give a chance for the affected residents to provide feedback and willingness to accept the street name change. Staff will then report back to Council on the recommended options to rename the two King Streets. One is in Haydon and the other in Bowmanville. 1. Background 1.1 The amalgamation of many townships into what is today known as the Municipality of Clarington, has resulted in many duplicate or similar sounding names. In the mid 90's Bell Canada and the Region of Durham undertook a new 9-1-1 response system which lead to the evaluation of the street names in order to eliminate the duplicate street names which can cause confusion. King Street was among the street names that were looked at since, at the time there were six duplicate King Street names throughout Clarington. 1.2 King Street in Haydon became a public street in 1977. It was among the street names that were considered for a street name change as part of the new 9-1-1 response system. However, at the time, it was decided not to change the name because the municipal addresses in Haydon were in the 8000's, where the Bowmanville addresses along King Street were in the 1000's. Also at the time there was sufficient differentiation between the hamlet and the town. 1.3 In Bowmanville a remnant section of Old Kingston Road is named King Street. There are no records that it was considered for a street name change as part of the 9-1-1 project. 55 Municipality of Clarington Report PSD-028-19 Page 3 CONCESSION ROAD 8 T*! 1 � NELSON LANE CONCESSION ROAD 8 Figure 1 — Map showing the existing King Street segment in Haydon 56 Municipality of Clarington Report PSD-028-19 Page 4 Figure 2 — Map showing the duplicate King Street segment in Bowmanville 2. Department Comments 2.1 Preliminary discussions with the Clarington Emergency & Fire Services Department, as well as the Engineering Services Department have indicated that duplicate or similar sounding street names is a public safety concern. The best and safest resolution would be to change the segment of King Street to Grasshopper Park Road in Haydon and from King Street to Rhonda Boulevard in Bowmanville. 2.2 In the past many 9-1-1 calls were made by landlines which are hard wired and make it easier to recognize addresses through the automated system, which reduced chance for error. Today, many people use cellular devices as their main phone line which makes it more difficult to recognize the person's location. The radius is not always accurate. A recognized road with limited variations, such as Grasshopper Park Road, will eliminate room for error and facilitate better response services. 57 Municipality of Clarington Report PSD-028-19 Page 5 2.3 The Region of Durham is an approval authority for naming or renaming streets within Clarington. If names sound similar to other names in the Region, the name will be rejected due to the risks or concerns with an error occurring during an emergency response situation. The Region of Durham will be consulted through the street renaming process. 3. Discussion 3.1 The most important reason to examine the King Street name duplication is for public safety concerns. It is good practice to correct any public safety concerns in order to eliminate any potential for error during an emergency response incident. The street renaming in Haydon will affect 22 residents, while the street renaming in Bowmanville will affect 21 residents. Property owners and tenants would receive a goodwill payment for the inconvenience and time associated with the street name change as per the Municipality of Clarington policy regarding Municipality Initiated Street Name Changes. It is important that the impact on residents and businesses is minimized. 3.2 In addition to the public safety concerns, residents have also expressed frustration resulting from missed deliveries or billing being sent to the wrong location as a result of duplicate street names. 3.3 Staff is requesting concurrence to hold two public information centres in late June to provide an opportunity to hear from the residents about their current issues they may be facing with the duplicate street names and to gain feedback from the affected residents on the street renaming. Staff will then report back with a recommendation based on the feedback. 3.4 Staff propose that both of the existing segments of King Street be renamed to their respective continuous streets to eliminate the need for the creation of a new street name. Renumbering of addresses may also be necessary as a result. In both situations, King Street in Haydon is connected to Grasshopper Park Road, and King Street in Bowmanville is connected to Rhonda Boulevard. This provides for a continuous street in both circumstances. 3.5 Following authorization, staff will take the next steps to: • Circulate the proposal to the Region for their comments; • Provide notice to affected residents; • Hold two Public Information Centres in late June, one in Bowmanville and one close to or in proximity to Haydon; and • Schedule a Public Meeting at the Planning and Development Committee in the Fall to receive public input on the recommended street name changes and provide a recommendation. 58 Municipality of Clarington Report PSD-028-19 Page 6 4. Conclusion The renaming of both King Streets in Haydon and Bowmanville needs to be examined due to the potential risks in an emergency response situation. Staff are requesting permission from Council to hold two information sessions to allow an opportunity to hear from the residents. Staff will then report back to Council with the information received and hold a formal Public Meeting in combination with the recommendation report, in order to resolve the issues as efficiently and timely as possible. 2a Submitted by: Reviewed ISy: Michael Seaman, MCIP, RPP, Andrew C. Allison, B. Comm, LL.B Director of Planning Services CAO Staff Contact: Nicole Zambri, Planner II, 905-623-3379 ext. 2422 or nzambri(a�clarington.net CP/NZ/nl The following is a list of the interested parties to be notified of Council's decision: Carla Acosta, Durham Planning & Economic Development Gayle Hetherington, Durham Regional Police Michele Nowick James Stewart-Haass I:\^Department\PLN Files\PLN 25 Street Names and Municipal Numbering\PLN 25.1 - Street Renaming\PLN 25.1.58 - Haydon King street to Grasshopper Park Road\PSD-028-19 docx 59 Clarington Planning Services If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102. Report To: Planning and Development Committee Date of Meeting: June 3, 2019 Report Number: PSD-029-19 Resolution Number: File Numbers: COPA 2018-0003, PLN 34.5.2.64 By-law Number: Report Subject: Community Vision for Jury Lands, Urban Design Master Plan + Design Guidelines for former Ontario Boys Training School and WWII Prison of War Camp 30 Recommendations: 1. That Staff prepare a Recommendation Report on the Proposed Official Plan Amendment for consideration at the September 30, 2019 Planning and Development Committee meeting; and 2. That all interested parties listed in Report PSD-029-19 and any delegations be advised of Council's decision. 60 Municipality of Clarington Report PSD-029-19 Page 2 Report Overview The purpose of this report is to inform Council regarding the potential development of the Jury Lands. A public meeting was held in September of 2018 (PSD-067-18) on a draft Official Plan Amendment for Special Area F and the Urban Design Master Plan + Design Guidelines for the Jury Lands. The Municipality has been working with the owners, Lambs Road School Development (Kaitlin Group and Fandor Homes), to outline the development principles and acquire the central portion of the campus. The Municipality retained DTAH to prepare a special study as outlined in the Official Plan, Special Policy 16.7 to set out how the central portion of the campus is to become a municipal wide park and the urban design and architectural guidelines for the surrounding development. Staff are bringing forward this report to allow for a presentation of the Urban Design Master Plan + Design Guidelines. They are recommended to be adopted as part of the Official Plan Amendment for Special Policy Area F. Revisions to Special Policy Area F of the Official Plan will be the subject of a future report to Planning and Development Committee. 1. Proposal Details of Special Policy Area F 1.1 The Municipality proposes to: • amend Section 16.7 of the Official Plan regarding Special Policy Area F Camp 30 to make reference to and implement The Jury Lands, Bowmanville/Special Policy Area F Urban Design Master Plan + Design Guidelines; • identify a Municipal Wide Park on the former campus lands and designate additional Urban Residential lands, • Provide for mid -rise residential uses at appropriate locations; and • Recognition of the cultural heritage, national and local designations of the six buildings and ring road of the former campus. 1.2 The location is the lands bounded by Soper Creek on the west, the CP railway tracks on the north; Lamb's Road on the east and Concession Street East on the south. Part Lot 7 & 8, Concession 2 Former Township of Darlington, comprised of PINs 266500003 and 266500013. 1.3 Area: 48.05 hectares. 1.4 Within Built Boundary: Yes (42.62 hectares) Roll Number 1817 010 010 11700; and not within (5.42 hectares) Roll Numbers and 1817 020 060 11200 and 1817 010 010 11600 south of CPR line only. 61 Municipality of Clarington Page 3 Report PSD-029-19 2. Background 2.1 Report PSD-067-18 outlines the background of the property and steps that led to the Urban Design Master Plan + Design Guidelines. 2.2 Staff continue to meet with the owners and other stakeholders to ensure their issues are considered as part of the Official Plan Amendment and intend to bring a report forward in late September. 3. Urban Design Framework 3.1 The Urban Design Master Plan prepared by DTAH and dated July 20, 2018 contains a development framework that can accommodate a range of housing types and landscapes while preserving the central campus area of the site for parkland and public uses. The development framework outlines the Street and Pedestrian Network, Built Form, Housing Types and Stormwater Management. The residential development parcels are defined by the environmental protection lands of the Soper creek valley and tributaries. 3.2 Lambs Road is a Local Corridor in the Official Plan. The Local Corridor policies support mixed -use developments up to six storeys in height, provided the policies of the Official Plan can be satisfied (80/20 split) of low rise (2-4 storeys) and mid -rise (5-6 storeys). 3.3 The street network is composed of primary streets with major intersections and secondary streets with minor intersections. Key to the development of the area will be the east/west connections spaced out along Lambs Road at: • the northern boundary of the future community park on the east side of Lambs Road; • centred to the campus/municipal-wide park, and • off -set from the rail line to accommodate the future overpass (rail crossing). The ring road and former campus road entrance from Concession Street are to be retained as a park lane with its rural cross-section to access the park. 3.4 The built form and distribution of development combined with open space encourages active transportation and pedestrian access to the Soper Creek's trail system and limits privatization of the valleyland frontage. The approach to stormwater management is to integrate runoff by allowing for infiltration within the soft surface areas through low impact design solutions. 3.5 The focal point of the neighbourhood is the central campus/municipal-wide park and its historic buildings. The Urban Design Master Plan outlines adaptive re -use suggestions for each of the buildings with complimentary exterior garden spaces to reinforce the re- use of the buildings. It is anticipated that the buildings will be mothballed for a period of time awaiting funding for redevelopment. 62 Municipality of Clarington Page 4 Report PSD-029-19 3.6 The following are guiding principles for the redevelopment and revitalization of the Jury Lands: • Design to acknowledge the historical value of the Jury Lands as defined by the National Heritage Designation, including landscape elements identified therein; • Design new developments within and surrounding the Jury Lands to reflect public value and amenity opportunity represented by the valley lands; • Design new developments surrounding the Jury Lands in the context of the future condition and character of the adjacent roads — Concession and Lambs Road — as well as the future development of lands to the east and south; • Design new developments surround the Jury Lands to utilize landscape as the transition between built development and its natural and heritage surroundings, including integrated stormwater management strategies; and • Design new developments within the Jury Lands to allow for adaptive re -use of heritage buildings over time as partnerships and funding sources become available. (*this is a reference to rehabilitation of the heritage buildings) 3.7 The proposed residential development limits along the Soper Creek valley and tributaries have yet to be established. The issues that will have to be addressed at the time of subdivision, zoning and site plan applications include the following: • Establish the development limits through an Environmental Impact Study (EIS) considering slope stability, natural heritage and mitigating impacts; • The stormwater management system features and on -site low impact measures that maintain the appropriate water balance; • Active transportation connections for residents along Lambs Road and Concession Street and to the Soper Creek valley trail; • The signalization of Lambs Road and Concession Street intersection; and • Parkland dedication requirements in light of the anticipated development on both the east and west sides of Lambs Road involving lands owned by the development partners. 4 Concurrence Not applicable. 63 Municipality of Clarington Report PSD-029-19 Page 5 5 Conclusion The purpose of this report is to provide background information for the future Official Plan amendment to Special Policy Area F — Camp 30. 2t Submitted by: Michael Seaman, MCIP, RPP Director of Planning Services Reviewed" by: Andrew C. Allison, B.Comm LL.B Chief Administrative Officer Staff Contact: Faye Langmaid, Manager of Special Projects, 905-623-3379 ext. 2407 or flangmaid(a�clarington.net List of the interested parties to be notified of Council's decision are on file in the Planning Services Department: MS/FL/jp;tg I:\^Department\Application Files\COPA-Official Plan Amendment \2018\COPA2018-0003 Jury Lands, Special Policy Area F\Staff Report\PSD-029-19\PSD-029-19.Docx 64 Subject: Attachments: FW: Groundwater Protection Issues Surrounding the Clarington Transformer Station Ground Water Protection letter to Andrew Spencer Hydro One May 1st 2019.docx From: Sally Hillis [mailto:ennenvassoc@gmail.com] Sent: Wednesday, May 29, 2019 9:21 PM To: Gallagher, June <JGallagher@clarington.net>; Gray, Samantha <SGray@clarington.net> Cc: Langmaid, Faye <flangmaid@clarington.net>; Catharine & Clint Cole <candc563@gmail.com>; Douglas <tdouglas1940@gmail.com>; Clsullivan@rogers.com; Sally Hillis <gphillis@aol.com>; Elizabeth A Wood <Sacredhen1956@gmail.com>; RT Pellerin <rtpelly@gmail.com> Subject: Groundwater Protection Issues Surrounding the Clarington Transformer Station This message is being sent on behalf of Clint Cole, Chair of the EEA: The Enniskillen Environmental Association (EEA) continues to be concerned about cumulative effects of the Clarington Transformer Station. We request Clarington Council to support the following resolution: 1. The Ministry of Environment, Conservation and Parks re-establish a Community Liaison Committee to share new information and provide transparent, public reporting by Hydro One to the community. 2. Hydro One to do the following: a) Extend the existing groundwater monitoring program for private wells beyond 2021; b) Participate in and facilitate the re-established Community Liaison Committee; c) Provide replacement wells for residents that have experienced supply and contamination issues; and d) Provide additional arms length professional oversight of the monitoring by Hydro One's consultant. 3. Continue to support the Oak Ridges Moraine Groundwater Program and G360 drilling of the air rotary well (an alternate to rotosonic method) to depth recommended by Dr. John Cherry. 4. Hydro One continue to allow the scientific research team access to the proposed new research air rotary well and the existing MW5-14 well cluster on the Clarington Transformer site for the life of the station operation or until otherwise needed. This is a very important request for Clarington Council to support the health and safety of the Clarington residents who must draw their drinking water from private wells on a daily basis in the vicinity of this site. At this point in time, Hydro One is ready to end the existing well monitoring program by the end of 2021. Furthermore, the proponent of this project, Hydro One, is not currently required by the Ministry of the Environment, Conservation and Parks to extend the existing program. The long term cumulative effects of contaminants emanating from this large scale infrastructure (which is designed to supply hydro electric power to Ottawa and the GTA) have already affected local private well water supply for residents. Please also see attached copy of the Enniskillen Environmental Association's letter sent May 1, 2019 to Andrew Spencer, Vice-president of Hydro One Transmission & Stations. Sincerely, Clint Cole, Chair, Enniskillen Environmental Association i Sally Hillis Wed, May 1, 12:10 PM to andrew.spencer, Celeste, lindsey.park, kristen.cucan, chair, mayor, Joe, jjones, C orinna, rhooper, mzwart, ganderson, Faye, John, rgerber, rgerber, smithja, Ian, me, Douglas, Clsullivan, Sally, Elizabeth, RT, corporatesecretary, Mary This message is being sent on behalf of the Enniskillen Environmental Association: Andrew, We appreciate that Hydro One has agreed to extend the monitoring of the residential private wells adjacent to the Clarington Transformer Station throughout the years 2020 and 2021. We have been advised that the sensitive scientific equipment in the private wells and the sonic well on site are designed to alert the community to any detrimental changes in the quality of the drinking water. As a community, we believe this needs to be an ongoing monitoring program for the remainder of the life of the transformer station. Hydro One publishes a document, Land Assessment Remediation (LAR), which states that, on a daily basis, transformer stations generate contaminants including lead, mercury, cadmium and toxic oils. This document also states that transformer stations pollute on their site lands and the land outside their property. Due to Hydro One's lack of scientific testing required to confirm an impermeable layer of aquitard and the fact that residents rely on the aquifer for clean, safe drinking water, it is imperative that a well monitoring program continue indefinitely. We understand that Stantec wishes to continue its responsibility for this well monitoring program. We request that Stantec no longer be employed for this task given the long standing close relationship with Hydro One. More importantly, there have been numerous errors made by Stantec during the current well monitoring program which operates without independent oversight including: 1. No valid baseline groundwater data set on site monitoring before the site was disturbed by major tower construction and large scale tower base boring into the shallow groundwater tables. There was also marshland natural surface water destruction before true baseline analysis commenced. 2. No proper well monitoring for the site footprint. Only Geotech monitoring wells were installed for tower base location not for shallow water chemical analysis. These monitoring wells were installed after the site was significantly disturbed and landscape altered for roads and tower base construction. The shallow well monitors were removed shortly thereafter to build huge concrete tower bases and, as a result, continuity was lost at these locations. 3. First round of private well sampling did not include bacterial analysis. Samples had to be re -taken after site alterations. 4. In 2014, spring sampling reported Benzopyrene in one of the perimeter private wells (198 ft) in the Thorncliffe aquifer as well as at MW-13 on site. A citizen complaint was made as a result of this finding. In the following fall 2014 sampling, no Benzopyrene was reported. It mysteriously disappeared. In 2017, in both the spring and fall sampling Benzopyrene was reported once again only at the site cluster. How can you have such variation in such a short period of time? We were advised by Hydro One's contracted hydrogeologist, Steve Usher, that it takes numerous years for dissolved elements and compounds/contaminants to migrate horizontally from point to point (a few hundred metres) to where it can be detected as opposed to one season or even a couple of years. On April 18, 2019 CBC reported that drinking water in Paradise, California is undrinkable due to contamination of cancer -causing chemical benzene. Benzopyrenes are formed by a benzene ring fused to pyrene. See link to article: https://www.cbc.ca/news/world/paradise-wildfires-water-contamination-benzene- 1.5104881 This recent CBC article detailing the deadly effects of benzene in drinking water points to devastating consequences for our community and the main aquifer of Ontario. We demand a scientific investigation concerning the presence of benzopyrene and other toxins and a scientific explanation as to why it won't affect our health. There has yet to be any scientific testing by Hydro One that supports or refutes connectivity between the on -site monitoring wells and the private perimeter wells within the designated 1200 metre radius from the site. In fact, the Stantec graphs during the PTTW (Permit to Take Water) period show a direct correlation to the on -site and private perimeter wells. These are a few examples of errors and omissions made by Stantec that question competence and validity issues in their management and delivery of the current well monitoring program. In addition to addressing the benzopyrene issue, we insist an arm's length consulting company be used that would be agreeable to all parties involved. The Enniskillen Environmental Association has been and will continue to be a primary and long-term stakeholder in this issue. We should rightfully be included to participate in the process of determining this consultant and its procedural over -sight for accountability. We await your response. Clint Cole Chair of the Enniskillen Environmental Association Presentations and Handouts Sanitary $ciiri u nd Water Supply Systems Planning & Development Committee Municipality of Clarington June 3, 2019 Summary of Sanitary Sewerage and Water Supply Assets 14 Water Systems 22 141 7(11 R data Water Storage Facilities Water Supply Plants Elevated Tank Reservoir .J 2204 Kilometers of The System Supplies Sanitary Sewers 65,129 ML _ Total Number of Water Supply Customers: 176,766 2 Estimated Value of Assets =$9.4 Billion Wells ■ • • ■ 2556 Kilometers of Watermains 2 Sanitary Storage Facilities Ulf -mr UL 11 Water Pollution Control Plants The System Treats 70,242 ML Total Number of Sewer Customers: 172,663 aI 40r4.4t7.; DURHAM REGION Service Excellence for our Communities 2 DURHAM REGION Whitecliffe SSPS Municipality of Clarington Courtice WPCP Service Excellence for our Communities Bowmanvi Ile Elevated Port D•rli on WPCP Bowm • nville LAKE ONTARIO 3 Orono Stand . pe Rudell eservoi r Andrew St PS z ` Newtonville PS Rd SSPS • Sunset Blvd Newtonville Standpipe Regional Sanitary Sewerage Assets in Clarington Total Asset Value $628.6 M DURHAM REGION Service Excellence for our Communities 3 Water Pollution Control Plants 280 km of gravity sewers/ forcemains 4 • 3 Sanitary Sewage Pumping Station DURHAM REGION Regional Water Supply Assets in Clarington Total Asset Value $534.2 M Service Excellence for our Communities 2 Water Supply Plants 5 ci4 416'w* Courtice - Zones ' & 2 Water Pressure Service '.71)_ Area E J I DURHAM REGION Service Excellence for our Communities 6 DURHAM REGION Bowmanville Zones 1 & 2 Water Pressure Service Area Concession Pumping Baseline Rd Station Bowmanville Supply Plant Concession Concession St.E Bowmanville Elevated Tank King SCE LAKE ONTARIO Service Excellence for our Communities 7 0 DURHAM REGION Newcastle and Newtonville Zones 1 & 2 Water Pressure Service Area Service Excellence for our Communities 6 DURHAM REGION Orono Zones 1 & 2 Water Pressure Service Area Service Excellence for our Communities 9 DURHAM REGION Current Capital Projects for Courtice Service Excellence for our Communities DURHAM REGION Current Capital Project Summary for Courtice Sanitary Sewerage Courtice Trunk Sanitary Sewer on Baseline Rd. from Courtice Rd. to Trulls Rd., Trulls Rd. from Baseline Rd. to Adelaide Ave., Adelaide Ave. from Trulls Rd. to Townline Rd., and Townline Rd. from Adelaide Ave. to Taunton Rd. ♦ Courtice Water Pollution Control Plant remediation works at Digester No. 1, performance improvements for the grit tank, refurbishment of the mixers and capacitor bank replacement Water Supply Zone 1 feedermain on Prestonvale Rd. from Baseline Rd. to 950 m North of Baseline Rd. Zone 1 feedermain on Baseline Rd. from Prestonvale Rd. to Trulls Rd. Zone 1 feedermain on Baseline Rd. from Trulls Rd. to Courtice Rd. & Trulls Rd from Baseline Rd. to Bloor St. Zone 2 feedermain on Bloor St. from Townline Rd. to Trulls Rd. Service Excellence for our Communities 11 DURHAM REGION Current Capital Projects for Bowmanville Service Excellence for our Communities Bowmanville, Elevated iTank 12 .5 DURHAM REGION Current Capital Project Summary for Bowmanville Sanitary Sewerage J ♦ Baseline Rd. Trunk Sanitary Sewer from Mearns Ave. to Lambs Rd. Phase 1 Water Supply I Zone 1 feedermain on Lambs Rd. from Hwy No. 2 (King St.) to Zone 1 Liberty Street Reservoir Zone 1 feedermain on Baseline Rd. from R.R. 57 (Bowmanville Ave.) to Liberty St. • Proposed Liberty Street Zone 1 Reservoir (11 ML) and demolition of the existing elevated tank ♦ Concession Street Water Pumping Station expansion and upgrades Proposed Zone 2 Pumping Station at the Zone 1 Reservoir Bowmanville Water Supply Plant: Condition Assessment and upgrades Service Excellence for our Communities 13 6 DURHAM REGION Current Capital Projects for Newcastle Service Excellence for our Communities 14 to Current Capital Project Summary for Newcastle DURHAM REGION Sanitary Sewerage Foster Creek Trunk Sanitary Sewer on Sunset Blvd./Lakeview Rd. from Rudell Rd. to Church St. Newcastle Water Pollution Control Plant — Capacity re -rating 4 MLD to 7 MLD to include sludge storage Rudell Sanitary Sewage Pumping Station — decommissioning Proposed Sanitary Sewage Pumping Station at Newcastle Water Supply Plant Supply Replacement of watermain on North St. from Wilmot St. to Concession Rd. 3 • Zone 1 feedermain from Arthur Street reservoir to future Zone 1 Reservoir ♦ Zone 1 feedermain on Hwy No. 2 (King Ave.) from Rudell Rd. to 200 m west of North St. Zone 2 feedermain on Arthur St. from the Zone 2 pumping station to existing Arthur St. pumping station Expansion of Newcastle Water Supply Plant from 8.2 MLD to 16.4 MLD and demolish the existing plant Proposed Zone 1 Reservoir and Zone 2 Pumping Station Service Excellence for our Communities 15 .5 DURHAM REGION Current Capital Projects for Orono 1 Service Excellence for our Communities 16 .5 DURHAM REGION Current Capital Project Summary for Orono Water Supply I Orono Standpipe Water Storage Tank recoating Orono Water Supply System — Needs Assessment Service Excellence for our Communities 17 Courtice -., Trunk Sanitary Sewer Construction Phasing: Phase 1 — 400 m south of Energy Dr. to 100 m north of Energy Dr. (completed) Phase 2 — 100 m north Energy Dr. to the intersection of Baseline Rd. and Courtice Rd. (95% completed) Phase 3 — Baseline Rd. from Courtice Rd. to Trulls Rd. and Trulls Rd. from Baseline Rd. to Bloor St. (2019 tendering) Phase 4 — Trulls Rd. from Bloor St. to future Adelaide Ave. (Review of alignment required including potential EA amendment 2021 construction) Phase 5 —Adelaide Ave. extension from Trulls Rd. to Townline Rd. (Review of alignment required including potential EA amendment 2024 construction) Phase 6 — Townline Rd. from Adelaide Ave. to Coldstream Dr. (two stages 2019 & 2024 construction DURHAM REGION Total Estimated Project Cost: $148.9 million Service Excellence for our Communities 18 Baseline'Rd Water Pollution -.��, Courtice Feedermain Detailed Design has commenced Construction Phasing: Phase 1: 400 m south of Energy Dr. to 100 m north o Energy Dr. (completed) Phase 2: 100 m north Energy Dr. to the intersection of Baseline Rd. and Courtice Rd. (95% completed) Phase 3: Baseline Rd. from Courtice Rd. to Trulls Rd. and Trulls Rd. from Baseline Rd. to Bloor St. — tendering 2019 Total Estimated Project Cost: $10.1 million DURHAM REGION Service Excellence for our Communities 19 Zone 1 Feedermain Expansion for 1410Bowmanville Water _,t Supply System DURHAM REGION New Zone1 Reservoir, Zone 2 Water Pumping Station Request for proposal evaluation and award: Summer 2019 Detailed Design: 2019 - 2020 Construction: 2021 — 2022 Total Estimated Project Cost: $21.4 million Zone 1 Feedermain on Lambs Rd. Phase 1: from Hwy No. 2 (King St.) to Concession St. Phase 2: Concession St. to Zone 1 Liberty Street Reservoir Detailed design has commenced Construction: 2019 -2022 Total Estimated Project Cost: $27.4 million Service Excellence for our Communities Existing Newcastle Water Supply Plant Original Construction: 1977 - 1978 DURHAM REGION Service Excellence for our Communities Plant Capacity: 8.2 MLD 21 Service Population: 12,100 DURHAM REGION Newcastle Water Supply Plant & Surrounding Area Service Excellence for our Communities 22 2018 Regional Municipality of Durham 4111;w Newcastle Water Supply Plant - Expansion Construction of a new water supply plant with rated capacity of 16.4 MLD and new sanitary sewage pumping station Total Estimated Project Cost: $55.5 million DURHAM REGION Service Excellence for our Communities East View 23 North View .5 DURHAM REGION Proposed Newcastle Water Supply Plant East View North View Service Excellence for our Communities 24 South View • , Proposed Project Schedule for Newcastle 'RP Water Supply Plant Detailed Design Site Plan Approval Pre -qualification of General Contractors Tender Call DURHAM REGION Construction Service Excellence for our Communities Construction & Commissioning of the new plant 25 Warranty Period Old Plant decommissioned and demolish completed Site Restoration ,� Proposed Treatment Process for Newcastle Water '1-frisi_ Supply Plant Existing Intake Pipe on Lake Ontario DURHAM REGION Chlorine ■ , Existing Intake Chamber Screening 177 Raw Water Well Service Excellence for our Communities Low Lift Pumping Station Alum ■ Dissolved Air Floatation 26 Filter Chlodne UV 11-44111 Clear Well To Distribution System High Lift Pumping Station Expansion for , Newcastle Water Supply System DURHAM REGION New Zone 1 Water Storage Facility and Zone 2 Water Pumping Station Environmental Assessment underway Detailed Design: 2020 — 2021 Construction: 2021 — 2022 Total Estimated Project Cost: $13.9 million Feedermains: Zone 1 feedermain from Arthur St. reservoir to future Zone 1 Water Storage Facility Zone 2 feedermain from existing Andrew WPS to Zone 2 Water Pumping Station Detailed Design: 2020-2021 Construction: 2021-2022 Total Estimated Project Cost: $7.2 million Service Excellence for our Communities 27 Wilmot Creek Trunk Sanitary Sewer and Zone 1 Toronto St. Feedermain Phase 1: from Newcastle Water Pollution Control Plant to 510 m south of Canadian National Railway — Completed Total Project Cost: $ 2.8 million Phase 2: 510 m south of Canadian National Railway to Rudell Sanitary Sewage Pumping Station — construction 2019 -2020 Total Estimated Project Cost: $18.9 million DURHAM REGION Service Excellence for our Communities 28 John Presta, P.Eng., MPA Director, Environmental Services email: john.presta@durham.ca The Future Vision For the Jury Lands PSD-029-1 9 June 3, 2019 Faye Langmaid CIarinton 'Joys Traj,,,, School Clarington Museums and Archives AC OGo Jury Lands frilundatiol Preservatior7 through Rejuvelatior7 Jury Lands I Chronology Darch Farm Bowmanville Boys Camp 30 Training School Private Schools Before 1925 1925 1941 to 1945 1946 to 2008 Future Darch Farm • Darch Farm buildings to the west of the Bowmanville Boys Training School and Camp 30 Bowmanville Boys Training School • Established in 1925 as a vocational training school • Farming and trade skills development of primary importance • Opportunities for outdoor activities • Festivals and other special events also hosted on the property • Entrance from west on Darch Lane, entrance from south and east to Lambs Road to Concession Concession St. E Taken from south looking north east, 1927 Gym and Swimming Pool as seen from south entry drive, 1927 C T • F •;1..s;% i_iiiewfigoAmisamperapitgli. do r t r r y� ' Y A �+ti a} J L . +Jl e R�+ + t •fl • — — - • t• � t • 41111111111111Ci71.111111*41• I lift 1 41 Cafeteria, taken from the central green, 1930 Triple Dorm, taken from the west looking east, 1930 •%i 1kt 4,4 • 51... • 4fr Jury Lodge, taken from the south looking north through the tributary landscape, 1930 Camp 30 • 1941-1945 period of great change at the site - new dormitories, perimeter fencing and guard towers erected • Substantial new infrastructure investment east of Lamb's Road • Eastern entrance become more prominent, direct to municipal roadway. Darch Lane connected adjacent to Warden's House Concession St. E cc co E J il View of entry trellis, 1941-42 View of road to the west, 1941-42 View of Camp 30, 1941 ■ T � r • . - I1 1- I illM 1 rill 4 41. 11r. View of Camp 30, 1941-42 1979-2008 (30 Years of Alternate Use) • October 1979 —School closed by Provincial Government • October 1983/6 — Sold -Private school for Malaysian students • 1987/99 —Christ Assemblies of Ontario operated private school (St. Stephen's Catholic Secondary School operated out of the campus under lease) • 1999/2004 — Great Lakes College (private school) • 2004/8 - Darul Uloon Islamic University • October 2008 —Sewage Spill into Soper Creek, order from MOECC to repair private sewage treatment plant or close down Gymnasium/ Pool (Natatorium) Since 2008 (Steps to Rejuvenation) • December 2008 —request to demolish buildings, 6 buildings added to the municipal register (of 18) • March 2009 —Ferguson Hall fire • Clarington Branch of ACO formed • Fall 2009 —Ryerson Students Studio Project • December 2009 —Application by Owner for Official Plan Amendment and Rezoning • June 2010 — Doors Open Clarington (1400 attendees) • May 2011 —Council and Owner authorize application as National Heritage Site • October 2011 — ACO, Spirits of Camp 30 event (300 attendees) Since 2013 (Steps to Rejuvenation) • April 2013 —designation as National Historic Site • January 2014 — Jury Lands Foundation begins work on forming as not -for -profit, charitable foundation • October 2014 —Building Condition Survey and Mothballing Plan • February 2015 —National Trust workshop • Fall 2015 — Trail license agreement and construction • 2015/6 —negotiations resulting in Legal Agreement for future land ownership, development rights, etc. • Fall 2016 —Official Plan, Special Policy Area F • Jan 2018 —Designation under Ontario Heritage Act • DTAH hired to develop the future Vision for Jury Lands • December 2018 —request to demolish Official Plan 1996 LAKE ON TA RIO MAP A3 LAND USE BOWMANVILLE URBAN AREA OFFICIAL PLAN MUNICIPALITY OF CLARINGTON FEBRUARY. BON, TAB cauccoBBENISMCABE ORCP.oRIEI.CE mu I URBAN BOUNDARY FUTURE URBAN RESIDENTIAL URBAN RESIDENTIAL ® I MRESOENTwL N't.VN ENSITY ©HIGH RESIDDENTIALENSITY _ TOWN CENTRE .nElanecJRHOOD CENTRE - HIGHWAY COMMERCIAL AGGREGATERACTION IXTAREA THE REGION OF DURHAM eiP Ori i tea PRESTIGE * r°URISM noOE EMPLOYMENT AREA LIGHT PUBLIC I IINDUSTP WL AREA SECONDARY SCHOOL INDUSTRIAL AR EA SECONDARY-- _ SUSIH ERG PARK PRIVATE SECONDARY SCHOOL ® UTLITV r ELEMEN TARP SCHOOL ®ENVIRONMENTAL SEPARATE PROTECTION ARE4 ICEMEN TARY SCHOOL - GREEN SPACE PRIVATE ELEMENTAR V SCHOOL WATERFNWRAVONT SECIXIOARY 6REEPLANNING AREA I t3 COMMUNITY PARK SPECIAL POLICY AREA DISTRICT PARK SPECIAL STU DT AREA e PARRNROUR11000 GO STATION Official Plan Amendment 107 adopted by Council in November 2016, Region in June 2017 MORT MEN BOULEVARD • GORGE... a0/0 wa Rye Az EIII'1 MAL �� aRa, : Po r+IAL gySTUDY ARRAa ♦ r _,.k TBASE.. a 611, MAO AIOP-Pf O o m II J -,a . 'ti Eli a rs gP ts. ., 4F4, t•;.? •: : •,� t ti::. :t°y°i. s d --- -- - _. 1 a 9 \: :'� �'. i sPECIALJ E �? t'P' • — 3' AREAC �. t; :..: ...•• °'•:: •.•, ;.°� °��� • Lake Ontario •:• .y a '°. ' .!••' •••+ • VP •��;e�tW. �•. +:•••a Is4°ge .� I UTILITY ENVIRONMENTAL L✓ N EIp1BWSH000 CENTRE PROTECTION IGE EMPLOSrYMENT AREA - GREEN LRDL'T Z INDusrRwL AREA GREENwavONT GENERAL NPUSTRNLARPA - COMDRTV DHST I I REGIONAL CCRRIDGR BUSNESS PARR e MNwcIPaL I URBAN RESIDENTIAL n GATEWAYCOMMERCIAL —� UwTERFRONT - URBAN CENTRE IV GGREGATEE%TRACTION AREA Alt 7, TOURISM O TRANSPCRTATION HUB r SECONDARY SCHOOL gym- URBAN BOUNDARY SPECIAL POLICY AREA AREA 44444 SPECIAL SinOV AREA SPACE G I APPEALED TO THE OMB gaFR MAP A3 PARB LAND USE wIOE PARR BOWMANVILLE URBAN AREA PLACE OFFICIAL PLAN MUNICIPALITY OF CLARINGTON NODE OFNC5 WIJSAAILT11ON Nash Road Ie Grove • Community Park = Urban Trails Parkland Future Clarington Trails ©Waterfront Trail Conservation Lands Oak Ridges Moraine Trail 1=1 Natural Heritage System Parkland to be Dedicated Urban Centre Change the designation of these lands from r�Ns�F Urban Residential to Green Space • • and add the • Municipal Wide Park Symbol )3 v Designate these lands Green Space and add the Municipal Wide Park Symbol Bowma ECIAL ILICY tEA E CONCESSION STREET ille w z w Z CC 2 • • •• • • • • . . • • • • • • • • • • • •• .• • SPECIAL POLICY REA F • • • • SPECIAL • POLICY AREA F • • . • • • • . . • • • . • • V) Designate these lands Urban Residential luny lands foundation Pr6srvator lhrau R6'uvralo� Todd Tremeer 2016 www.jurylandsfoundation.ca/ Once the Municipality assumes ownership of Camp 30, it will work with the Jury Lands Foundation, a not -for - profit corporation dedicated to the conservation of historic lands, on a long-term plan to preserve the property. That plan would include seeking funding opportunities from other levels of government, to cover the cost associated with restoring and preserving the historic buildings. Highway 89 County of Simcoe Highway Regional Municipality of York HIGHWAY407 Lake Sirncoe Regional Municipality of Durham Whitby Nryhway 7 Oshawa City of Ka rtha Lakes Clarington Oshawa Pickering Ajax Airport Bowmanville Armouries r 'Camp30 Cou ice rl Newcastle GM 9 G dyearr H06 a,.;; Villa e Camp X a= — ti Lake Ontario 0 2 4 8 12 16 Kilometers Highway? HghweY County of Peterborough County of Northumberland J The Vision for Jury Lands Council Presentation - June 3, 2019 Clariiwlon dtah National Historic Site Designation Character Defining Elements: the intactness of the landscape including surface imprints and subsurface components associated with Bowmanville Boys Training School and with Camp 30; the complex of six buildings laid out in a campus -style plan beside an oval -shaped ring road, the sixth and largest building being just outside the perimeter road; the manner in which the buildings are visually and functionally interconnected by a network of paved paths; the Prairie -Style of the buildings, with masonry construction, brick and stucco exteriors and asbestos -shingle roofs; the modern sensibility of the buildings expressed through open plans, the fragmented volumes, the natural materials, their horizontality, their geometric ornamentation and their flat roofs; the integrity of any surviving archaeological remains and features that relate to the site's use as a prisoner of war camp during the period from 1941 to 1945; the viewplanes between the buildings. ..."complex of six buildings laid out in a campus -style"... • What does "campus style" mean? • Open arrangement of buildings in landscape • Assumes important and intentional relationship between buildings and their surrounding landscape • History of the development of Prairie Style in architecture is tied to the horizontality of the landscape - architecture is meant to reflect its landscape context Concession St. E ..."beside an oval -shaped ring road"... • Ring road established as a service connector between buildings - all but the Triple Dorm's primary address are not against the ring road • Ring road legible regardless of the location of the main entry road - from the west and south, the ring road remained • Contains distinct topographies • Focuses attention to the centre ..."visually and functionally connected by a network of paved pathways"... • Axial pathway connections between buildings are very intentional and formal • Threshold to site from the west and procession through an ornamental trellis to the other buildings, very important aspect of the pathway design • Spaces between pathways used for active recreation ..."viewplanes between the build- ings"... • Spaces created between buildings and views framed by buildings • Radial distribution from center path and original entrance • Spacing and views to be maintained - suggests potential disposition of new development beyond Existing Conditions Current Land and Building Configuration • Areas of interest are plateaus of development land separated by drainage courses • Consideration given to future uses east of Lambs Road in so far as those lands can support and connect to the Jury Lands • Consideration given to lands up to railway corridor although separate land -owner owns northern -most parcel • Design assumes future grade -separation of Lambs Road at railway crossing (underpass) Area of Interest Development Framework Proposed Streets and Blocks Pattern • Identified a framework for public streets that connect to future development to the east • Identified private development blocks and private streets on lands accessed from new public street network • Identified open space network tied meaningfully to the Soper Creek and reinforcing existing stormwater patterns • Lands at the centre of the plan reserved for special open space, referred to as "Jury Lands Park" Area of Interest Open Space Jury Lands Park Development Block r i Street Hierarchy - Jury Lands Primary and Secondary Public Streets • Pattern of streets including continuation to the east ensures good access to the site • Pattern of intersections on Lambs Road to inform future improvements to that street • Additional streets (private) would be part of the development blocks to access units - condominium roads • Ring Road with Concession Street access identified as "Park Drive" with special character and controlled access Primary Street Secondary Street Park Drive '; Major Intersection ••-• • Minor Intersection • `• ri Concession i r J . 1 J f J Public Open Space Network Distribution of Green on the Property • Distinction between public park lands, stormwater management features, flooding areas and natural heritage features • "Jury Lands Park" at the centre defining the territory in and around the heritage buildings • Distribution of parks connected to Soper Creek drainage system and overarching stormwater management strategy L - Park Jury Lands Park Green Infrastructure Railway Buffer Flood Zone Natural Heritage 1 � II. ' . • t r \\lit FIVI--S"..-:-,1-----__. • . , ` ti ` L. , -_____ lir -,. f • r . Stormwater Management Stormwater Drainage and Retention • Existing site contains multiple drainage courses that empty into Soper Creek • Stormwater management strategy utilizes these existing features, plus integrates additional swales in order to manage water • Stormwater management device designed as landscape features defining the character of the development • Stormwater rationale would continue east of the property L _ Park Jury Lands Park Green Infrastructure Railway Buffer Flood Zone Natural Heritage Overland Flow BHP +LP High Point / Low Point ( +LP • LiB Lai ; l k♦ \ +LP LP+ Concession St E ii Pedestrian Network Sidewalk, Path and Trail Connections • Key design feature is to create a walkable neighbourhood connected to the Soper Creek trail system • All public streets to have sidewalks • All private streets to have sidewalks • Access to the Soper Creek trail system would also be provided to the north from Jury Lands Park • Pedestrian connections would also be made to the future development to the east • 1 � I Pedestrian Path 5... Future Trail •-• !..‘(8 • Public Parking Resources Supporting Public Access and Use • Public parking resources are focused in and around the proposed "Jury Lands Park" • Parking accommodated on existing parking lots as well as newly developed parking facilities adjacent to heritage buildings anticipating future uses • All surface parking facilities to be designed as an extension of the landscape and include stormwater management features / visual screening with landscape as appropriate Parking Lot ti• P=35 P=1o/ -�� r I1 • Adaptive Re -Use I Heritage Adaptive Re -Use I Heritage 3. Kiwanis 2. Triple House Dormitory 5. Infirmary 6. Cafeteria 1. Natatorium/ Destroyed by Gymnasium Fire in 2009 �4. Jury Lodge 1. Natatorium / Gymnasium (1929) _6.0.101.111 4%A.t. tikti I IP • 6,681 SF I 1-storey with partial basement 7V-13" - - area of basement 04' 8' 12' 16' 24' 1. Natatorium / Gymnasium (1929) 1. Natatorium / Gymnasium (1929) Possible Adaptive Re -use: Active Recreation • Two -storey volume of gym could be reused as a gym, or as a fitness centre space for cardio machines, weights, or some combination therein • Pool volume could be renovated with a flat floor for additional gym area, or designed more as a multi -purpose space for yoga and accommodating a range of assembly activities • In-between spaces used for entry, support • Close to parking and Soper Creek Trail Head Private Fitness Club, Old Montreal Totum Fitness, Toronto 2. Triple Dormitory (1928) 204'-0" i i J � k � _ _ area of basement area of double -height 0' 4' 8' 12' 16' 24' • 14,470 SF I 1-storey with partial basement 2. Triple Dormitory (1928) Possible Adaptive Re -use: Office / Incubator • Central double -height daylit volume could be used for workshops or communal work space supported by the cellular rooms around the perimeter of the building • Could be an ideal office/incubator building, as it combines small-scale rooms that could be converted to offices or studios with a larger communal / gathering space in the centre • Basement could be used for storage to support uses within the building The Tannery Incubator, Waterloo The Tannery Incubator, Waterloo 3. Kiwanis House (1927) • 6,148 SF I 1-storey with partial basement _ - area of basement area of double -height 4' 8' 12' 16' 24' 3. Kiwanis House (1927) Possible Adaptive Re -use: Daycare • Square footage ideal for standard 62-kid child care centre use • Smaller spaces could be converted to playrooms, classrooms or reading rooms surrounding larger gathering space / communal area / gross motor play • Age -appropriate outdoor play areas could be established around the perimeter of the building and accessed directly from each playroom Dane Avenue Child Care, City of Toronto 4. Jury Lodge (1927) • 5,251 SF I 1-storey with partial basement 42'-0" - - area of basement area of double -height °' 4' 12' , / 16' 24' 4. Jury Lodge (1927) Possible Adaptive Re -use: Single Tenancy • Central double -height daylit volume could be used for gatherings supported by the cellular rooms around the perimeter of the building • Could be an ideal office use building for an organization, or a more residential use similar to a supportive living centre, hospice etc. as it combines small-scale rooms that could be converted to offices or bedrooms with a larger gathering space in the centre • Basement could be used for storage to support uses within the building L'Arche Daybreak Big House, Richmond Hill L'Arche Daybreak Big House, Richmond Hill 5. Infirmary (1927) • 3,825 SF I 2-storey with full basement 4' 8' 12' 16' 11 11 24' 2nd Floor 5. Infirmary (1927) Possible Adaptive Re -use: Boutique Hotel, Bed+Breakfast w/ Restaurant • Floor plans cellular in nature - lend themselves to smaller hospitality rooms or could be combined to up to 4 larger suites per floor (400-500 SF each) • Ground Floor could be converted into reception and restaurant with high public visibility, given its location adjacent to main entrance from Lambs Road • Adjacent gardens themed to support the restaurant kitchen and/or events hosted within the building Drake Devonshire - Re -Use of Old Farmhouse + Addition Drake Devonshire Lobby 6. Cafeteria (1924-25) '', a1110 w'Itr�s�d@�` w5 .,yrL r r- 3--=0. air"_ x1+ - r Y y �,��w ��/AMi•M�1�^��iar✓ L C. ti. i. i►r� . � • 7 •sa �+�• i. �re .'��_d� • 8,095 SF I 1-storey with partial basement 12' 16' 24' 22.-„'. 22'-i1" - - area of basement area of double -height 6. Cafeteria (1924-25) Possible Adaptive Re -use: Venue • Two -storey volume at centre great for public or private gatherings, recreational activities, gallery space, large lectures or workshops, performances, etc. • Spaces surrounding used for entry, support, kitchen • Close to parking, Lambs Road Artscape Wychwood Barns - Event Mode Existing Cafeteria Interior Artscape Wychwood Barns - Market Mode Landscape Design I Jury Lands Park A. Jury Lands Park I Active Landscape • Landscape surrounding natatorium can support sporting activities year round, including skating, active play, formal and informal games • Location for 150 maple plantings - at entry drive B. Jury Lands Park I The Lawn • Central lawn provides for flexible use including additional active and passive recreation • Natural terracing of landscape around perimeter C. Jury Lands Park I Children's Garden • Outdoor play areas could be established around the perimeter of the child care and accessed directly from each playroom • Demonstration of nature - based play D. Jury Lands Park I Water Garden • Located in line with natural drainage topography of the site - demonstrate SWM best practices, integrate water into meditative garden E. Jury Lands Park I Food Garden • Surrounding gardens could provide agricultural demonstrations tied to a seasonal menu at the restaurant F. Jury Lands Park I Event Terrace • Landscape provides an outdoor space for small gatherings, concerts and performances G. Jury Lands Park I Look Out 111111111110111101/0111114 • Provide an outlook over Soper Creek ravine and valley lands - connection to trail head into creek system nearby Phasing + Implementation 1i • 1l �Jt 1 ', LAM • \\\ fy- . _5 j Nati r ,r IN ®RE 41 r--44441 1 Concession St. E Landscape Amenities: • Walking Paths through Heritage Landscape • Access to Soper Creek Trail System • Public Parking close to Trail Head • Informational and Interpretive Signage throughout Site • Special Landscape Feature / Use Phase 1 Improvements - Ideas re: Priorities 1 Farmers' Market at Don Valley Brick Works pre: renovation Skating at Wychwood Barns pre: renovation Phase 1 Improvements - Ideas re: Priorities Supporting Indoor Amenities: • Use to Animate the site 7-days/week to improve site security • Space for Gatherings / Events - source of income to fund further redevelopment • Public Washrooms / Change rooms to support outdoor active recreation • Example: Powerhouse Rec. Centre includes washrooms, change rooms, gallery, a community kitchen and multi -purpose room for 50 people. Outdoor skating ribbon 1st in Toronto - immediate draw to the site and flexible accommodation of people when they arrive. Colonel Sam Smith Park / Powerhouse , ;-ZTTri j/JP', '—, - A., -"At0A • 0 NA 1.4 Arm • 41 10 '1 se ■b 71' 4. 4' �� `11. ¢140 Oar :'.i, ' •'L� dtah