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HomeMy WebLinkAbout06/24/2019Final (LA Clarington Planning and Development Committee Agenda Date: June 24, 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 ClaT1llgt0Il Planning and Development Committee Agenda Date: June 24, 2019 Time: 7:00 PM Place: 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 June 3 Minutes Minutes of a Regular Meeting of June 3, 2019 Page 5 7 Public Meetings No Public Meetings 8 Delegations 8 1 Pete ekstra, Regarding Agricultural Land Uses and Environmental Protection 8.2 Joe Kay, Regarding Agricultural Land Uses and Environmental Protection 8.3 Gord Robinson, Regarding Agricultural Land Uses and Environmental Protection 8.4 Brian and Mary -Lynne Layng, Regarding Agricultural Land Uses and Environmental Protection 8.5 Esther Sims, Regarding Agricultural Land Uses and Environmental Protection 8.6 Steve Chandler, Regarding Agricultural Land Uses and Environmental Protection 8.7 Susan Shane, Regarding Agricultural Land Uses and Environmental Protection 8.8 Harry Schillings, Regarding Agricultural Land Uses and Environmental Protection Page 2 ClaClllgtioll Planning and Development Committee Agenda Date: June 24, 2019 Time: 7:00 PM Place: Council Chambers 8.9 Corinne Turansky, Regarding Agricultural Land Uses and Environmental Protection 8.10 John Albi, Regarding Agricultural Land Uses and Environmental Protection 9 Communications - Receive for Information There are no Communications to be received for information. 10 Communications — Direction 10.1 Matthew Matthew Stephenson, Regarding Agricultural Land Uses and Stephenson Environmental Protection (Motion for Direction) 11 Presentations 11.1 Tracey Webster and Amy Burke, Joint Project Managers - Zone Clarington, regarding Agricultural Land Uses and Environmental Protection 12 Planning Services Department Reports 12.1 PSD-030-19 Recommendation to Add Two (2) Properties to the Page 17 Municipal Heritage Register 12.2 PSD-031-19 Proposed Alterations to Designated Heritage Property: 110 Wellington Street, Bowmanville 13 New Business — Consideration 14 Unfinished Business None 15 Confidential Reports No Reports 16 Adjournment Page 3 ClaClllgtioll Planning and Development Committee Agenda Date: June 24, 2019 Time: 7:00 PM Place: Council Chambers This page is intentionally left blank. Page 4 Claringlon Planning and Development Committee Minutes June 3, 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, June 3, 2019 at 7:00 PM in the Council Chambers. Present Were: Mayor A. Foster, Councillor G. Anderson, Councillor R. Hooper, Councillor J. Jones (left the meeting at 9:15 PM), Councillor J. Neal, Councillor C. Traill, and Councillor M. Zwart Staff Present: A. Allison, F. Langmaid, T. Pinn, K. Richardson, C. Salazar, M. Seaman, J. Gallagher, and S. Gray 1 CaII to Order Councillor Neal called the meeting to order at 7:00 PM. 2 New Business — Introduction There were no new business items added to the Agenda. 3 Adopt the Agenda Suspend the Rules Resolution #PD-080-19 Moved by Councillor Traill, seconded by Mayor Foster That the Rules of Procedure be suspended; and That Aidan Grove -White, Strategy Corp. be added as a delegation 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. Carried Resolution #PD-081-19 Moved by Councillor Hooper, seconded by Councillor Jones That the Agenda for the Planning and Development Committee meeting of June 3, 2019 be adopted as presented with the addition of the delegation of Aidan Grove -White as Item 8.3. Carried 5 Claringlon Planning and Development Committee Minutes June 3, 2019 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. 6 Adoption of Minutes of Previous Meeting Resolution #PD-082-19 Moved by Councillor Hooper, seconded by Councillor Jones That the minutes of the regular meeting of the Planning and Development Committee, held on May 13, 2019, be approved. Carried 7 Public Meetings There were 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 Marilyn Morawetz, was present 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. Ms. Morawetz explained that the Jury Lands Foundation's has worked closely with staff and the developers in hopes of establishing a destination space that will attract tenants, commerce and tourists in a community park setting that will enhance Clarington for its residents and guests. She stated that the Jury Lands Foundation was formed as a result of a Task Force set up by Council in late 2013. Ms. Morwetz explained that the Board has continued to work on behalf of the community as a not -for -profit corporation, established in 2014, with by-laws setting out its governance and membership requirements. She stated that the Foundation and its partners continue to work to educate and promote the significance of the site and the buildings as well as advocate for the rejuvenation of the site by providing presentations and tours. Ms. Morawetz advised the Committee that the Foundation received funding and contributions for a trail on the site. She added that the Foundation has continued to work with the Municipality of Clarington resulting in a trail licence agreement, a building conditions survey, negotiations that resulted in the 2016 legal agreement and implementation of Special -2- 6 Personal informatio n redacted per the Redaction of Personal Informatio n Policy - for further details contact the Municipal Clerk Claringlon Planning and Development Committee Minutes June 3, 2019 Policy F in the Official Plan which resulted in the community vision being presented. Ms. Morawetz noted that the Foundation supports the community vision and would like to see progress from the developer on implementation of the residential development. She advised the Committee that the Foundation also supports the concepts outlined in the urban design master plan and design guidelines. Ms. Morawetz would like redevelopment of one or two buildings to begin. She explained that they have been halted by the lack of Jury Land ownership and have applied twice for charitable status and have been denied as a result. Ms. Morawetz noted that they need charitable status to carry out necessary fundraising to facilitate the revitalization of the buildings. She stated there is a need for the developer and the Municipality of Clarington to commit to a plan that would move everyone forward. Ms. Morawetz asked the Committee to support the Community Vision and support the project. She thanked the Committee and answered questions. 8.2 14 , Regarding Report PSD-028-19, Renaming of King Tree in Haydon an King Street in Bowmanville S.14(1) , was present regarding Report PSD-028-19, Renaming of King Street in Haydon and King Street in Bowmanville. S.14(1) stated that, as a retired Durham Region police officer, he has first-hand knowledge of the public safety concerns with having duplicate or similar sounding street names. He explained that he was concerned with the duplicate street names in Haydon and Bowmanville. S. stated that, in spring 2018, his postal code changed and it wasltit that time he requested that his street name also change, to reduce frustrations in the future and improve safety. He explained that a study was done in the 1990's to review the street names in order to eliminate the duplicate street names, and 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. stated that many people use cellular devices as their main phone line, which are not always registered to their home and makes it more difficult to recognize the person's location. He advised the Committee that Durham Regional Police conducted a search for the word `king" in Durham street names and 47 streets came up. S explained that the name change would be much safer and could save lives. He noted that he delivered a letter to each house on King Street in Haydon which would be affected by the name change and, of 22 homes, only two were against the change. S. concluded by stating that leaving two King Street's in Clarington is 14 dangerous. -3 7 Claringlon Planning and Development Committee Minutes June 3, 2019 8.3 Aidan Grove -White, Manager, Strategy Corp., 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 Aidan Grove -White, Manager, Strategy Corp., was present 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. Mr. Grove -White explained that he is working for the Kaitlin Group. He stated that he reviewed the Report PSD-029-19 and that it is an exciting proposal. Mr. Grove -White noted that he visited the Jury Lands site, and observed that the remaining buildings are not in a good state. He explained that the development should happen in tandem with the improvements of the property and have been in communication with Municipality of Clarington staff regarding massing and site lines. Mr. Grove -White stated that he is concerned that the cost for the project is not known, and that there are only estimates. He mentioned that a project of this size could be approximately $25 to $30 million, which only includes the construction cost and building materials. Mr. Grove - White advised the Committee that they need to get a better fix on how and when the buildings will be rehabilitated, so that they do not become eyesores when the development is complete. He stated that they are willing to work with the Municipality of Clarington to produce a plan or a potential "Plan B". 9 Communications - Receive for Information 9.1 Chris Jones, Director of Planning and Regulation, Central Lake Ontario Conservation Authority, Regarding Comments for Excess Soil Regulatory Proposal and Enhancing MECP Enforcement Tools Resolution #PD-083-19 Moved by Councillor Hooper, seconded by Mayor Foster That Communication Items 9.1, Chris Jones, Director of Planning and Regulation, Central Lake Ontario Conservation Authority, Regarding Comments for Excess Soil Regulatory Proposal and Enhancing MECP Enforcement Tools, be received for information. Carried 4 Claringlon Planning and Development Committee Minutes June 3, 2019 9.2 Chris Darling, Chief Administrative Officer, Central Lake Ontario Conservation Authority, Regarding Comments for Modernizing Conservation Authority Operations Resolution #PD-084-19 Moved by Councillor Hooper, seconded by Mayor Foster That Communication Items 9.2, Chris Darling, Chief Administrative Officer, Central Lake Ontario Conservation Authority, Regarding Comments for Modernizing Conservation Authority Operations, be received for information. Carried 10 Communications — Direction 10.1 Michael de Rond, Town Clerk, Town of Aurora, Regarding Response to Bill 108, The More Homes, More Choice Act Resolution #PD-085-19 Moved by Councillor Zwart, seconded by Mayor Foster That Communication Item 10.1 from Michael de Rond, Town Clerk, Town of Aurora, Regarding Response to Bill 108, The More Homes, More Choice Act, be referred to staff. Motion Withdrawn Resolution #PD-086-19 Moved by Councillor Anderson, seconded by Councillor Hooper That the following resolution of the Town of Aurora, regarding Response to Bill 108, The More Homes, More Choice Act, be endorsed by the Municipality of Clarington: Whereas the legislation that abolished the OMB and replaced it with 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 make decisions on how our communities evolve and grow; and Whereas On August 21, 2018 Minister Clark once again signed the 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 -5 9 Claringlon Planning and Development Committee Minutes June 3, 2019 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 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, Workplace Safety and Insurance Act, 1997. 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 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 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, the Honourable Andrea Horwath, Leader of the New Democratic Party, and all MPPs in the Province of Ontario; and 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. Carried Claringlon Planning and Development Committee Minutes June 3, 2019 10.2 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 Resolution #PD-087-19 Moved by Councillor Jones, seconded by Councillor Traill That Communication Item 10.2 from 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 Municipality of Clarington Hydro One Site, be received for information. Carried 10.3 Clint Cole, Chair, Enniskillen Environmental Association, Regarding Groundwater Protection Issues Surrounding the Clarington Transformer Station Resolution #PD-088-19 Moved by Councillor Jones, seconded by Councillor Anderson That Council receive the communication from Clint Cole Chair of the Enniskillen Environmental Association regarding Groundwater Protection Issues surrounding the Clarington Transformer Station; That 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; That 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; d) Provide additional arm's length professional oversight of the monitoring by Hydro One's consultant That Staff to confirm with CLOCA the arrangements for the monitor at well MW5-14 and to clarify the monitoring by the Oak Ridges Moraine Groundwater Program and G360 drilling of the air rotary well and access to the site. Carried as Amended Claringlon Resolution #PD-089-19 Planning and Development Committee Minutes June 3, 2019 Moved by Councillor Jones, seconded by Councillor Anderson That the foregoing Resolution #PD-088-19 be amended as follows: • In Paragraph 2, insert the words "be requested to" after the words "Conservation and Parks"; • In Paragraph 3: o insert the words "be requested" after the first instance of "Hydro One"; o insert "; and" at the end of Paragraph 3c; o insert the words "private well" after the words "professional oversight of the" in Paragraph 3d; o insert the words "which is being done" after the word "monitoring" in Paragraph 3d; and • In Paragraph 4, insert the words "are to" after the word "Staff". Carried The foregoing Resolution #PD-088-19 was then put to a vote and carried as amended. 11 Presentation(s) 11.1 John Presta, Director, Environmental Services, Regarding the Region of Durham, Regional Municipality of Durham Sanitary Sewerage and Water Supply Systems John Presta, Director, Environmental Services, was present regarding the Region of Durham, Regional Municipality of Durham Sanitary Sewerage and Water Supply Systems. Mr. Presta made a verbal presentation to accompany an electronic presentation. He provided a summary of the sanitary sewage and water supply assets in the Region. Mr. Presta displayed a map of the Municipality of Clarington highlighting the four service areas. He advised the Committee of the Regional sanitary sewage assets in Clarington and that the total asset value is $ 628.6 million. Mr. Presta highlighted the Regional water supply assets in Clarington and stated that the total asset value is $534.2 million. He outlined the water pressure service areas in Courtice, Bowmanville, Newcastle and Orono. Mr. Presta advised the Committee of the current capital projects in Courtice, Bowmanville, Newcastle and Orono. He provided the total estimate project costs for the various projects in the Municipality of Clarington. Mr. Presta advised the Committee of the Newcastle Water Supply Plant Expansion Project including the stages of the project and the process for the treatment of water. He displayed renderings of the proposed Newcastle water supply plant. Mr. Presta thanked the Committee and answered questions. Claringlon Resolution #PD-090-19 Planning and Development Committee Minutes June 3, 2019 Moved by Councillor Hooper, seconded by Councillor Zwart That the presentation from John Presta, Director, Environmental Services, regarding The Region of Durham, Regional Municipality of Durham Sanitary Sewerage and Water Supply Systems, be received with thanks. Carried 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 Faye Langmaid, Manager of Special Projects, was present 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. Ms. Langmaid made a verbal presentation to accompany an electronic presentation. She provided a brief history of the Jury Lands and displayed pictures of what the site used to look like. Ms. Langmaid stated that once the Municipality assumes ownership of Camp 30, it will work with the Jury Lands Foundation, on a long-term plan to preserve the property. She explained that the plan would include seeking funding opportunities from other levels of government, to cover the cost associated with restoring and preserving the historic buildings. 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 Megan Torza, Partner, DTAH, was present 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. Ms. Torza made a verbal presentation to accompany an electronic presentation. Ms. Torza provided the Committee with the Community Vision for the Jury Lands. She highlighted the character defining elements of the site, complex of six buildings laid out in a campus style beside an oval shaped ring road connected by paved pathways. Ms. Torza provided the Committee with an update on the current land and building conditions. She stated that they are proposing street and block pattern which connect to future development. Ms. Torza noted the proposed pattern of streets including a continuation to the east ensures good access to the site and highlighted the street hierarchy on the site. She displayed a photo of the proposed open space network including public park lands, storm water management features, flooding areas and natural heritage features. Ms. Torza explained that a key design feature is to create a walkable neighbourhood connected to the Soper Creek Trail system. She displayed a photo highlighting the six buildings to be retained on the site and advised the Committee of their potential future use. Ms. Torza provided a highlight of the potential uses for the Jury Lands Park, including an active -9- 13 Claringlon Planning and Development Committee Minutes June 3, 2019 landscape, a lawn, children's garden, water garden, food garden, event terrace or a look out. She concluded by outlining the phasing and implementation priorities. 12 Planning Services Department Reports 12.1 PSD-027-19 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 Resolution #PD-091-19 Moved by Mayor Foster, seconded by Councillor Anderson That Report PSD-027-19 be received; 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; That the Minister of Municipal Affairs and Housing be forwarded a copy of Report PSD-027-19 and Council's decision; That the Durham Regional Planning and Economic Development Department be forwarded a copy of Report PSD-027-19 and Council's decision; and That all interested parties listed in Report PSD-027-19 and any delegations be advised of Council's decision. Carried 12.2 PSD-028-19 Renaming of King Street in Haydon and King Street in Bowmanville Resolution #PD-092-19 Moved by Mayor Foster, seconded by Councillor Hooper That Report PSD-028-19 be received; That Staff be authorized to hold two Public Information Sessions, one in Haydon and one in Bowmanville; That all landowners fronting onto the affected streets be provided notice through direct mail circulation; 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; -10- 14 Claringlon Planning and Development Committee Minutes June 3, 2019 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 That all interested parties listed in Report PSD-028-19 and any delegations be advised of Council's decision. Carried 12.3 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 Resolution #PD-093-19 Moved by Councillor Traill, seconded by Mayor Foster 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 That all interested parties listed in Report PSD-029-19 and any delegations be advised of Council's decision. Carried 13 New Business — Consideration There were no New Business Item to be considered under this Section of the Agenda. 14 Unfinished Business 14.1 CAO-014-18 Confidential - Potential Acquisition of Lands [Referred from the September 17, 2018 Council Meeting] Closed Session Resolution #PD-094-19 Moved by Mayor Foster, seconded by Councillor Anderson That, in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing the following: • a proposed or pending acquisition or disposition of land by the municipality or local board; and • a matter that deals with advice that is subject to solicitor -client privilege, including communications necessary for that purpose. Carried -11- 15 Claringlon Planning and Development Committee Minutes June 3, 2019 Councillor Jones left the meeting. Rise and Report The meeting resumed in open session at 9:15 PM with Councillor Neal in the Chair. Councillor Neal advised that one item was discussed in "closed" session in accordance with Section 239(2) of the Municipal Act, 2001 and one resolution was passed to provide direction to staff. Resolution #PD-095-19 Moved by Councillor Traill, seconded by Councillor Hooper That the Municipality continue to work with the Jury Lands Foundation on the terms set out in the existing MOU to preserve the historical significance of the Camp 30 lands and buildings. Carried on the following recorded vote: Council Member Yes No Declaration of Interest Absent Councillor Anderson X Councillor Hooper X Councillor Jones X Councillor Neal X Councillor Traill X Councillor Zwart X Mayor Foster X 15 Confidential Reports There were no Confidential Reports scheduled under this Section of the Agenda. 16 Adjournment Resolution #PD-096-19 Moved by Mayor Foster, seconded by Councillor Traill That the meeting adjourn at 9:18 PM. Carried Chair Deputy Clerk -12- 16 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 24, 2019 Report Number: PSD-030-19 Resolution: File Number: PLN 34.16, 34.5.1 By-law Number: Report Subject: Recommendation to Add Two (2) Properties to the Municipal Heritage Register Recommendations: 1. That Report PSD-030-19 be received; 2. That 98 Church Street, Bowmanville be added to the Municipal Register; 3. That 816 Regional Road 17, Newcastle be added to the Municipal Register, and 4. That all interested parties listed in Report PSD-030-19 and any delegations be advised of Council's decision. 17 Municipality of Clarington Report PSD-030-19 Page 2 Report Overview The Clarington Heritage Committee and staff are recommending the addition of 98 Church Street in Bowmanville, and 816 Regional Road 17 in Newcastle to the Municipal Register. The Municipal Register is a listing of the cultural heritage resources of the Municipality, and includes designated buildings as well as buildings where further consideration is warranted. The subject properties are currently included on Clarington's Cultural Heritage Resource List as Primary resources. The addition of the properties to the Municipal Register (i) supports the promotion of Clarington's local heritage, and (ii) would protect the buildings from being demolished without proper evaluation of their cultural heritage significance by affording the Municipality up to 60 days to review a demolition permit, should such an application be received. 1. Ontario Heritage Act 1.1. Every municipality in Ontario, under Section 27 of the Ontario Heritage Act, is required to maintain a Municipal Register that lists all formally designated heritage properties. In 2009 Council expanded Clarington's Municipal Register to include "non -designated" properties that it believes to be of cultural heritage value or interest. The decision to include a "non -designated" property rests with municipal council upon consultation with its municipal heritage committee. 1.2. Including a non -designated property on the Municipal Register is a formal indication that a property has cultural heritage value or interest. Listing a property on the Register does not provide any legal protection to the property, as only the formal designation under Section 29 of the Ontario Heritage Act can do so. Rather, the primary benefit of including a property on the Municipal Register is to provide the Municipality with up to 60 days to review a request for a demolition permit rather than the shorter timeline outlined in the Building Code Act. 1.3. This increased review time allows for a more thorough evaluation of the property, and time to provide Council with a recommendation on demolition or moving forward with designation of the property. More specifically, the 60 days allows sufficient time to evaluate the building condition, protection options, mitigation measures, alternate development proposals, etc. and make a recommendation to Council on the cultural value of a property. 1.4. Adding a property to the Municipal Register also allows the Municipality to request a demolition permit applicant undertake a study or research to demonstrate that the property does not have significant heritage value, or what mitigation measures or alternative recognition can be implemented. 18 Municipality of Clarington Report PSD-030-19 Page 3 1.5. On June 6, 2019 'Bill 108; More Homes, More Choice Act, 2019' received Royal Assent. Bill 108 amends the Ontario Heritage Act, among numerous other pieces of legislation. Such changes are due to come into force on a day to be named by proclamation of the Lieutenant Governor. Staff will continue to monitor the status of the Ontario Heritage Act amendments, and implement the changes as necessary. A summary of Bill 108 was presented in Planning Services report PSD-027-19. 2. Properties on Clarington's Municipal Register 2.1 The Municipal Register can be used to identify properties with cultural value and interest and to help educate the community and future owners, thereby increasing transparency about the property's cultural value. 2.2 There are currently 95 properties on Clarington's Municipal Register comprised of 74 designated properties and 21 non -designated properties, and the Beech Avenue Bowmanville Heritage Conservation District. 2.3 The Clarington Heritage Committee (CHC) set up a sub -committee and established a building evaluation criteria to review properties on the Cultural Heritage Resources List, beginning with the primary heritage resource properties in the urban areas. The Heritage Committee members review properties from the public right-of-way using the evaluation criteria and make recommendations on properties to be included on the Municipal Register. 2.4 In April 2019, Council approved the addition of eight (8) primary properties reviewed by the CHC to the Municipal Register. Up to that time, the majority of the non -designated properties added to the Municipal Register had been under threat of demolition. Examples include the buildings at Camp 30 (now designated) and properties affected by the 407 extension (now demolished). 2.5 The CHC has evaluated the following two (2) properties and recommended adding each property to the Municipal Register: • 98 Church Street, Bowmanville (Cherry Cottage) • 816 Regional Road 17, Newcastle (DocVille); specific to the Farmhouse The location of each of the properties is identified on the Map (Figure 1). A description of the each of the properties can be found in Attachments 1 & 2 of this report. 19 ea 0 Municipality of Clarington Report PSD-030-19 Page 4 Maple Grove Maple Grove Road c 72 Qi T I L Concession iRd=3 , C _ I Y I 1 ' 1 y L Ill TT , I Li-. , H; - y —J Bowmanville' I' ° an lStreet 1 re King Sftrbet _, a I , } 0 �_Hi � 9 Wat._z 98 Church Street Bowmanville _I s, 11 B� aseline Road • L a k e on tar z , -1111111t1,- Orono ;1I .115135 Concession_Rd--4f 816 Regional Road 17 Newcastle Newcasttr 115'135 a -� King venue- 1'4) j 77_7: , 4DI --h4' i Figure 1: Index Map of Recommended Properties 3. Provincial and Regional Policy Provincial Policy Statement (PPS 2014) 3.1 The PPS 2014 provides that long-term economic prosperity should be supported by encouraging a sense of place by promoting well -designed built form and cultural planning and conserving features that help define character including built heritage resources. Furthermore, the PPS directs that significant built heritage resources shall be conserved. 20 Municipality of Clarington Report PSD-030-19 Page 5 3.2 "Conserved" is defined as the identification, protection, management and use of built heritage resources in a manner that ensures their cultural heritage value or interest is retained under the Ontario Heritage Act. This may be achieved by the implementation of recommendations set out in a conservation plan, archaeological assessment and/or heritage impact assessment. Mitigation measures and/or alternative development approaches can be included in these plans and assessments. The Provincial Growth Plan (2019) 3.3 The A Place to Grow, 2019 directs that cultural heritage resources will be conserved and promoted in order to foster a sense of place for the social, cultural, and economic benefit of communities. Durham Regional Official Plan 3.4 The Regional Official Plan provides that the conservation, protection and/or enhancement of Durham's built and cultural heritage resources is encouraged. 4. Clarington Policy and Regulations 4.1 The Clarington Official Plan provides that when a cultural heritage resource is designated under the Ontario Heritage Act or is recognized on the Cultural Heritage Resources List, the Municipality shall discourage the demolition or the inappropriate alteration of a cultural heritage resource. Whenever possible, built heritage resources should be retained for the original use and in their original location. Where the original uses cannot be maintained, the adaptive reuse of built heritage resources will be supported. If no other alternative exists for maintaining structures in their original location, consideration may be given to the relocation of the structure. Should a heritage resource be demolished, the dismantling, salvage and reuse of materials is encouraged. 4.2 98 Church Street (Cherry Cottage) is identified as a Primary resource on the Cultural Heritage Resources List, and is within the area subject to Interim Control By-law (ICBL) 2018-083. ICBL 2018-083 is a By-law to enable the Municipality to undertake a Residential Neighbourhood Character Study to address concerns regarding redevelopment in established residential areas. The Study will contribute to the development of zoning regulations that better reflect neighbourhood character, and will inform the ongoing Zoning By-law Review. Attachment 1 outlines the architectural value and characteristics of 98 Church Street. 4.3 The farmhouse located on the property municipally known as 816 Regional Road 17 (DocVille) is within the North Village Secondary Plan study area. The background and evaluation completed on this property will help to inform the Secondary Plan study. It has been the Municipality's practice to evaluate all potential cultural heritage resources as 21 Municipality of Clarington Report PSD-030-19 Page 6 part of the secondary plan study process. Attachment 2 outlines the architectural value, characteristics and cultural heritage of DocVille. 5. Public Notice 5.1 Under the Ontario Heritage Act, 2005 there is no notification requirement before Council adds a property to the Municipal Register as a listed property. However, it has been the Municipality's practice to notify property owners. 5.2 On June 6, 2019, notice was sent to property owners indicating a staff report would be presented to the Planning & Development Committee recommending adding the subject properties to the Municipal Register. The letter explained that the Heritage Committee completed a street -front evaluation of their property, and identified it as notable for its architectural and historical attributes. A Resident Information Sheet outlining the Municipal Register, and what having their home on the Register means, was attached to the letter (Attachment 3). Owners were invited to contact Planning staff to discuss the Heritage Committee's evaluation. 5.3 As of the time of writing of this report, Planning staff had not received any correspondence from owners of the subject properties. 6. Concurrence Not Applicable. 7. Conclusion Cultural heritage resources significantly contribute to Clarington's community fabric. Proactively adding properties to the Municipal Register (i) allows the Municipality 60 days to evaluate the property in more detail and explore conservation options, prior to the issuance of a demolition permit (ii) recognizes the property's cultural value or interest, and (iii) illustrates the community's appreciation for its local culture and heritage. Staff and the Clarington Heritage Committee respectfully recommend that the properties municipally known as 98 Church Street, Bowmanville, and 816 Regional Road 17, Newcastle be added to the Municipal Register. 22 Municipality of Clarington Report PSD-030-19 Page 7 2, Submitted by: Reviewed by: Michael Seaman, MCIP, RPP, Andrew C. Allison, B. Comm, LL.B Director of Planning Services CAO Staff Contact: Sarah Allin, Planner II, 905-623-3379 ext. 2419 or sallin@clarington.net SA/FL/MS/nl Attachments: Attachment 1 Attachment 2 Attachment 3 — 98 Church Street, Bowmanville (Cherry Cottage) — 816 Regional Road 17, Newcastle (DocVille) & The History of DocVille' by Myno Van Dyke — Municipal Register Information Sheet Interested Parties: List of interested parties to be notified of Council's decision is on file in the Planning Services Department. 23 Attachment 1 to Municipality of Clarington Report PSD-030-19 98 Church Street (Cherry Cottage) r mpp "FII 11 4111111 Blimlk; .:,.. because it was entirely constructed commissioned the town'. Cherry Cottage is a two -storey dwelling constructed in 1877 in the Italianate style. While Italianate houses with projecting central bays were not uncommon in Bowmanville, the design of this particular dwelling capitalizes on its corner lot, with an angled projecting corner bay that elegantly joins a substantial addition constructed in 1888. Cherry Cottage also differs from dwellings of similar design of buff coloured brick. The dwelling exhibits slender arched and semi -circular windows, a mild hipped roof, and deep overhanging eaves supported by ornate cornice brackets. Overall, this dwelling is a notable example of vernacular architecture as it was successfully adapted for a corner lot from a relatively common house plan of the time. It appears alterations to the original front verandah and chimney(s) have occurred. The dwelling was originally built and occupied by Robert and Sophia Cherry. Robert was a professional chair maker, who died in 1883. Sophia Cherry likely substantial 1888 addition, making it the `prettiest double dwelling in 24 Attachment 2 to Municipality of Clarington Report PSD-030-19 816 Regional Road 17 (DocVille) The property known as DocVille, was originally part of the Crown Grant made to Hon. John McGill in 1809. The first residents are believed to be the Munro family, recorded as settling on the 200 acres as early as 1822. Henry Munro, his wife Mary, and their family are noted to have constructed a one storey home on the lands around 1832. Henry was a farmer, and also held a number of positions as a Justice of the Peace, Treasurer for Clarke Township, and an elected official for West Durham. The two -storey Georgian -style farmhouse that exists today was built by the Munro family in approximately 1848. The dwelling exhibits a symmetrical, 3-bay facade, and simple design with minimal detailing typical of the Georgian style. The dwelling faces south, which is representative of the intent of builders of the time to site the dwelling with great care so as to provide the best views of its surroundings. The farm property was sold to the Allin family in 1908. The original property was divided by Highway 35/115 in the 1950s, leaving approximately 40 acres on either side. The property on the east was subsequently subdivided, leaving the subject property as it exists today, supporting the original Munro farmhouse, and DocVille. DocVille is the historical tribute to Doc Holliday and 1880s western America, and is a popular location for the film and photography industries. 25 Attachment 2 to Municipality of Clarington Report PSD-030-19 The History of "Docville" By Myno Van Dyke The property we now often refer to as "Docville" on Regional Road 17 at the north end of Newcastle, Ontario has a very interesting history. It was originally known as the north half of Lot 29, Concession 2 in Clarke Township. This land was part of the Crown Grant made to Hon. John McGill on July 22, 1809. The first residents appear to be the Munro family. The earliest mention of the family living there is on the 1822 Census which showed Timothy Munro there on 200 acres. In 1825, the Census shows Henry Munro residing there with his wife Mary and Timothy with a family of 9. Henry Munro was born in Mallorytown, Ontario on January 13, 1802. In Professor Squair's "The Townships of Darlington and Clarke" Henry is mentioned as one of the shareholders of the Bond Head Harbour Company in 1838. In 1839, he was noted in that book as a "subscriber" of the Methodist Church and that he was made a Justice of the Peace in 1843 as well as a Lieutenant in the local militia. It is believed that Henry constructed a one -storey home there around 1832. Later, the home had two storeys of brick added and the lower level was landscaped into a basement area. Sometime prior to 1825, Henry married Mary Lo, born 1803 and died in April of 1852. (Note- there is no information on the "Lo" surname and it may be an error). They had 5 known children, Minerva Ann; Margaret Jane; Charles; Mary; and Elizabeth M.. Henry's wife Mary passed away in 1852 and the following year Henry married Elizabeth Bradley Doak and they had 3 children, Elizabeth Gertrude; Henry Clay; Florence who died when she was only 5 weeks old; Florence S.A.K. In 1848, Henry Munro was active in the Primitive Methodist Church and he donated land and money to construct a new church called Bethel Chapel. This was located on the north end of their farm just south of what was then called "Trickey's Corner". Today, this where Hwy 115/35 near McDonalds is at the 3rd Concession. In 1888, the Bethel "shed" was sold for $12 and the church sold for $15. The Bethel Cemetery is still located on the north side of the 3rd Concession just east of the Hwy 115/35. Henry Munro and other members of his family are buried there. Although Munro called himself a "farmer" he held a number of other positions. He served as the Treasurer for Clarke Township for a number of years. In 1854, he ran and was elected to the Legislative Assembly of the Province of Canada for West Durham. He was easily re-elected in 1858, 1861 and 1863 and he probably would have been elected again in 1867, the year of Canada's Confederation. However, Henry decided to step aside so that his friend Edward Blake could run for his West Durham seat in the House of Commons. Henry Munro also has a middle school named after him in Ottawa, Ontario. On October 24, 1877, a "Plowing Match" was held at Henry Munro's farm. Coincidently, there was also an interesting connection between the Munro and Massey families. In 26 Attachment 2 to Municipality of Clarington Report PSD-030-19 1875, daughter Eleanor Gertrude married Matthew Garvin, a machinist at Massey Manufacturing. In 1883, Massey Manufacturing was issued a patent for improving hay rakes and Garvin is listed as one of the "assignees". Henry Munro passed away on Dec. 20, 1874. The farm was eventually sold to Norman Allin around 1908. Norman passed the farm down to his son Clarence Allin (d. 1991) who farmed it for many years. Clarence and Muriel (Hancock) had three children; Clare, Norm and Paul. In 1955, due to construction of the new Hwy 115/35 between Newcastle and Pontypool, the farm was split in half. This left about 40 acres on each side of the highway. Clarence wanted them to provide an underpass from east to west so his cattle could get water from a stream on the west side but this was refused. Consequently, in 1956, Clarence planted an apple orchard on the west side. He also grew tomatoes for Stokely Van Camp in Whitby. Five building lots were created on the south side of the 3rd Concession and son Paul Allin built a new house there in 1962. This is where Allin's Orchard & Country Market, operated by Paul Allin and family is located today. In 1966, the property on the east side of Hwy 115/35 was sold to Ken Stubington (b. 1932, d.1978). Stubington was a lawyer who became a local Assistant Crown Attorney working out of Cobourg. Ken and his wife Julia Margaret (Mulveney) had three children, Anne, Martha and Frank. A number of building lots were created on the west side of Regional Road #17, leaving the original Munro house, barns and 7 acres of land. In 1985, after Ken Stubington passed away, the property was sold to Steven Holliday who still resides there today (2019). Holliday, discovered that he is a distant relative of the famous gunslinger, John Henry "Doc" Holliday. Doc Holliday was a licenced Dentist who became a gambler, gunslinger in the American West. In 1881, he stood beside lawman Wyatt Earp and his brothers during the famed "Gunfight at the OK Corral" in Tombstone, Arizona. In 1887, Holliday died in Colorado of tuberculosis. Over the years, Steve Holliday procured a large number of antiques, old lumber and artifacts to create an 1880's western town and called it "Docville". He also added the original looking verandah on the south side of the house. It soon became a very popular "movie shoot" with film studios and the location has been used in a number of movies and television programs. The property has several old looking store fronts including a General Store, post office, Sheriff's office, barns, livery stable and hotel. The movie "Hollywoodland", released in 2006, starring Ben Affleck, was partly filmed there as well as episodes of "American Law" and "12 Monkeys" (sci-fi television series for 3 years). Many television commercials for companies like Mercedes Benz and Wal Mart were also filmed there. There is a section that appears to be an addition on the north side of the house. According to Paul Allin, this was first the "back kitchen" of the farmhouse. Later, his father Clarence, converted it into a small apartment for "the hired man". Later this apartment was used by 27 Attachment 2 to Municipality of Clarington Report PSD-030-19 Paul Allin and his wife and then later used as a rental unit. In July, 1990 there was a tragic fire in the apartment and the tenant, Robert Dwyer died in the fire. Presently there is a wonderful quilt store called "Annie's Quilts" in the north part of the house. The Newcastle Village & District Historical Society has a wonderful old photo, circa 1870, (from the Jack Gordon Collection) that was found hanging in the Parish Hall at St. George's Anglican Church in Newcastle. It clearly shows the front of the house (south side) with what appears to be the Munro family on the porches and in the windows of their beautiful home. Today, the house looks essentially the same. 28 The History of "Docville" By Myno Van Dyke The property we now often refer to as "Docville" on Regional Road 17 at the north end of Newcastle, Ontario has a very interesting history. It was originally known as the north half of Lot 29, Concession 2 in Clarke Township. This land was part of the Crown Grant made to Hon. John McGill on July 22, 1809. The first residents appear to be the Munro family. The earliest mention of the family living there is on the 1822 Census which showed Timothy Munro there on 200 acres. In 1825, the Census shows Henry Munro residing there with his wife Mary and Timothy with a family of 9. Henry Munro was born in Mallorytown, Ontario on January 13, 1802. In Professor Squair's "The Townships of Darlington and Clarke" Henry is mentioned as one of the shareholders of the Bond Head Harbour Company in 1838. In 1839, he was noted in that book as a "subscriber" of the Methodist Church and that he was made a Justice of the Peace in 1843 as well as a Lieutenant in the local militia. It is believed that Henry constructed a one -storey home there around 1832. Later, the home had two storeys of brick added and the lower level was landscaped into a basement area. Sometime prior to 1825, Henry married Mary Lo, born 1803 and died in April of 1852. (Note- there is no information on the "Lo" surname and it may be an error). They had 5 known children, Minerva Ann; Margaret Jane; Charles; Mary; and Elizabeth M.. Henry's wife Mary passed away in 1852 and the following year Henry married Elizabeth Bradley Doak and they had 3 children, Elizabeth Gertrude; Henry Clay; Florence who died when she was only 5 weeks old; Florence S.A.K. In 1848, Henry Munro was active in the Primitive Methodist Church and he donated land and money to construct a new church called Bethel Chapel. This was located on the north end of their farm just south of what was then called "Trickey's Corner". Today, this where Hwy 115/35 near McDonalds is at the 3rd Concession. In 1888, the Bethel "shed" was sold for $12 and the church sold for $15. The Bethel Cemetery is still located on the north side of the 3rd Concession just east of the Hwy 115/35. Henry Munro and other members of his family are buried there. Although Munro called himself a "farmer" he held a number of other positions. He served as the Treasurer for Clarke Township for a number of years. In 1854, he ran and was elected to the Legislative Assembly of the Province of Canada for West Durham. He was easily re-elected in 1858, 1861 and 1863 and he probably would have been elected again in 1867, the year of Canada's Confederation. However, Henry decided to step aside so that his friend Edward Blake could run for his West Durham seat in the House of Commons. Henry Munro also has a middle school named after him in Ottawa, Ontario. On October 24, 1877, a "Plowing Match" was held at Henry Munro's farm. Coincidently, there was also an interesting connection between the Munro and Massey families. In 1875, daughter Eleanor Gertrude married Matthew Garvin, a machinist at Massey Manufacturing. In 1883, Massey Manufacturing was issued a patent for improving hay rakes and Garvin is listed as one of the "assignees". 29 Henry Munro passed away on Dec. 20, 1874. The farm was eventually sold to Norman Allin around 1908. Norman passed the farm down to his son Clarence Allin (d. 1991) who farmed it for many years. Clarence and Muriel (Hancock) had three children; Clare, Norm and Paul. In 1955, due to construction of the new Hwy 115/35 between Newcastle and Pontypool, the farm was split in half. This left about 40 acres on each side of the highway. Clarence wanted them to provide an underpass from east to west so his cattle could get water from a stream on the west side but this was refused. Consequently, in 1956, Clarence planted an apple orchard on the west side. He also grew tomatoes for Stokely Van Camp in Whitby. Five building lots were created on the south side of the 3rd Concession and son Paul Allin built a new house there in 1962. This is where Allin's Orchard & Country Market, operated by Paul Allin and family is located today. In 1966, the property on the east side of Hwy 115/35 was sold to Ken Stubington (b. 1932, d.1978). Stubington was a lawyer who became a local Assistant Crown Attorney working out of Cobourg. Ken and his wife Julia Margaret (Mulveney) had three children, Anne, Martha and Frank. A number of building lots were created on the west side of Regional Road #17, leaving the original Munro house, barns and 7 acres of land. In 1985, after Ken Stubington passed away, the property was sold to Steven Holliday who still resides there today (2019). Holliday, discovered that he is a distant relative of the famous gunslinger, John Henry "Doc" Holliday. Doc Holliday was a licenced Dentist who became a gambler, gunslinger in the American West. In 1881, he stood beside lawman Wyatt Earp and his brothers during the famed "Gunfight at the OK Corral" in Tombstone, Arizona. In 1887, Holliday died in Colorado of tuberculosis. Over the years, Steve Holliday procured a large number of antiques, old lumber and artifacts to create an 1880's western town and called it "Docville". He also added the original looking verandah on the south side of the house. It soon became a very popular "movie shoot" with film studios and the location has been used in a number of movies and television programs. The property has several old looking store fronts including a General Store, post office, Sheriff's office, barns, livery stable and hotel. The movie "Hollywoodland", released in 2006, starring Ben Affleck, was partly filmed there as well as episodes of "American Law" and "12 Monkeys" (sci-fi television series for 3 years). Many television commercials for companies like Mercedes Benz and Wal Mart were also filmed there. There is a section that appears to be an addition on the north side of the house. According to Paul Allin, this was first the "back kitchen" of the farmhouse. Later, his father Clarence, converted it into a small apartment for "the hired man". Later this apartment was used by Paul Allin and his wife and then later used as a rental unit. In July, 1990 there was a tragic fire in the apartment and the tenant, Robert Dwyer died in the fire. Presently there is a wonderful quilt store called "Annie's Quilts" in the north part of the house. The Newcastle Village & District Historical Society has a wonderful old photo, circa 1870, (from the Jack Gordon Collection) that was found hanging in the Parish Hall at St. George's Anglican Church in Newcastle. It clearly shows the front of the house (south side) with what appears to be the Munro family on the porches and in the windows of their beautiful home. Today, the house looks essentially the same. 30 pai!sap 1! l!ounop ssaappe oT asoogo ueo pue 6ugeew aye 4o papou eq Minn J UMo kpadoad eq j • 6u!laaw ollgnd e uo!spap a){eua II!M Ilouno3 • Jalsl6aa sapadoad algewls ppe IlounoJ o} uofepuawwooaa e paeNuol II!M `JHJ ayT q iM uo!TeTlnsuoo u! 6uiuueld • aleldwai luewssesse pazipaepuels e 6u!sn Ja}sl6aJ aye uo uo!snlou! 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JagTia) VHO aye aapun Mel-iq /q paTeu6!sap aae Tel.]; sa!TJadoJd . :6u!pnpu! `enien e6eTuaq LT!M sapadoJd 4o / e!J A e sepnpu! JeTs!6eJ eql ,,aa1s!6aa aye uo pepnpw aae so!pedoad 4o sedAi ie4M vewpuel e s! JO s6u!pun0JJns pa){ull AIleo!aolsly s! ,}Jadojd aql . a6eluay s,AT!unwwoo GqT Tueo!pu6!s s! Teyl ll!n!Toe Jo Tuene `uosJad TueTJodw! ue q M paaeioosse s! /p} adoJd °LIT asneoag . alien ub!sap Jo leJnpalloJe an!Tou!Tsip s,Apadojd oqT ana . :suoseai 6u!Mollo4 /ue Jo4 Apnwwoo Tuepodw! eq oT sJep!suoo Ipunoa Teyil se!pedoJd 4o Ts!' e s! Ti .TsaJeTu! Jo amen e6eTuaq leJnTlno aney TeyT sa!pedoJd 4o JeTs!6eJ IeuJJo4 e u!eTuieW oT AT!ledp!unW eqT sai!nbeJ (yHp) ]oy efiepieH oue]up eql 4Jels!6e I !ed!3lunVI eqa s! 4e4M 1-1 M leans 3uepisej :isaialui JO amen afieipaH 4o saniadoid 4o aaisi6aj Iediaiunw 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 24, 2019 Report Number: PSD-031-19 Resolution: File Number: PLN 34.5.2.20 By-law Number: Report Subject: Proposed Alterations to Designated Heritage Property: 110 Wellington Street, Bowmanville Recommendations: 1. That Report PSD-031-19 be received; 2. That permission be granted to repair and/or replace the front steps on the dwelling at 110 Wellington Street, Bowmanville, provided the replacement steps are curved as existing, and in accordance with the applicable Designation By-law 95-029, and Section 33(4) of the Ontario Heritage Act, R.S.O. 1990, Chapter 0.18; and 3. That the Ontario Heritage Trust, the Clarington Heritage Committee, the property owners, and all interested parties listed in Report PSD-031-19 be advised of Council's decision. Municipality of Clarington Report PSD-031-19 Page 2 Report Overview The owners of the designated heritage property at 110 Wellington Street, Bowmanville have applied for a Heritage Incentive Grant to complete work on their property. The proposal involves the alteration of a heritage attribute that has been identified in the property's designation by-law. The Ontario Heritage Act requires the owner of a designated property to obtain Council approval for alterations that have the potential to affect the reasons for designation. 1. Background 1.1 The property at 110 Wellington Street, Bowmanville was built circa 1870 in the Italianate style. It features red brick with contrasting buff quoins and mouldings over the arched windows on the lower storey. The dwelling's two -storey, bowed verandah with Tuscan columns, dentils and turned balusters is unique in Bowmanville. 1.2 The owners of 110 Wellington Street have applied for a Heritage Incentive Grant to assist with the costs of repairing or replacing the wooden steps on the front bowed verandah, as they have deteriorated. The approval of a heritage permit is required in order to be eligible for the Heritage Incentive Grant because the proposed works involve the alteration of a designated heritage attribute identified in the Designation By-law 95-029. The Clarington Heritage Committee (CHC) reviewed the subject application at its June 18, 2019 meeting. 1.3 In 2018, Council approved a heritage permit for the subject property to repair the verandah's roof and columns, which have been compromised due to water retention and its weight. However, the proposed repairs to the verandah's steps were not included in the works approved in 2018, and therefore require approval under a separate heritage permit. Planning staff understands the required repairs to the verandah's roof and columns will be commencing shortly, based on contractor's availability and wet weather. 2. The Ontario Heritage Act 2.1 The Ontario Heritage Act empowers a Municipality to pass a by-law designating a property to be of cultural heritage value or interest. 2.2 The Ontario Heritage Act stipulates that the owner of a property designated under Part IV cannot alter the property where such alteration is likely to affect the reasons for designation without the written consent of Council. Council is required to consider any application for alteration of a designated heritage property in consultation with its heritage committee. Municipality of Clarington Report PSD-031-19 Page 3 2.3 On June 6, 2019 Bill 108; More Homes, More Choice Act, 2019' received Royal Assent. Bill 108 amends the Ontario Heritage Act, among numerous other pieces of legislation. Such changes are due to come into force on a day to be named by proclamation of the Lieutenant Governor. Staff will continue to monitor the status of the Ontario Heritage Act amendments, and implement the changes as necessary. A summary of Bill 108 was presented in Planning Services report PSD-027-19. 3. Proposal 110 Wellington Street, Bowmanville 3.1 The bowed verandah with dentils on the cornicing, Tuscan columns and balustrade are attributes recognized in the designation by-law as having heritage significance. The curved steps to the verandah are exhibiting signs of structural failure. As such, the owners are seeking to repair or replace the wooden steps to address the issue. See Attachment 1 for images. 4. Staff Comments 4.1 Staff has reviewed the proposal and consulted with the CHC to assess the expected impacts on the protected heritage features of the dwelling as listed above. The proposal involves the restoration of wood features that have experienced deterioration due to age and water damage. Staff and the CHC are of the opinion that the proposed works will have minimal impact on the heritage attributes of the dwelling and will help to bring the building into a state of good repair, thereby contributing to the its long-term conservation. 4.2 The CHC passed a resolution at their meeting June 18, 2019 recommending Council approve the necessary heritage permit. 4.3 Council first approved the funding and criteria for Heritage Incentive Grants in 2013 in Report PSD-019-13. The grants are allocated amongst the applications received in any given year. For 2019, Council approved $6,500 in funding. The Heritage Incentive Grant Program is intended to assist owners of properties designated under Parts IV and V of the Ontario Heritage Act with financing the cost of repairs and restoration. A grant will cover up to 50% of the costs of eligible work to a maximum of $2000 for exterior and $1000 for interior works. Upon the approval of the required heritage permit for the subject property, staff will finalize the allocation of the heritage incentive grants amongst the properties for which applications have been received in 2019. 5. Concurrence Not applicable. Municipality of Clarington Report PSD-031-19 Page 4 6. Conclusion Staff supports the request for alterations at 110 Wellington Street, Bowmanville and recommends Council approves the heritage permit application, as per the Recommendations of this report. 7. Strategic Plan Application Not applicable. 7.< Submitted by: Reviewed by: Michael Seaman, MCIP, RPP, Andrew C. Allison, B. Comm, LL.B Director of Planning Services CAO Staff Contact: Sarah Allin, Planner II, Special Projects, 905-623-3379 ext. 2419 or sallin@clarington.net Attachment 1: 110 Wellington Street, photos SA/FL/tg List of interested parties to be notified of Council's decision is on file in the Planning Services Department. \\Netapp5\Group\Planning\^Department\PLN Files\PLN 34 Heritage\PLN 34 5 Heritage Property Files\O PLN 34.5.1 Staff Reports\PSD-031-19\PSD-031-19.Docx Municipality of Clarington Attachment 1 to Report PSD-031-19 110 Wellington Street, Bowmanville Figure 1: Front facade Figure 2: Front facade showing curved steps Subject: Attachments: FW: Property Zoning concerns Ganaraska Letter.pdf From: Mat and Brenda Stephenson [matandbrenda©gmail.com] Sent: Friday, June 21, 2019 11:51 AM To: Chambers, Michelle Subject: Property Zoning concerns To the Mayor and Council of Clarington, My name is Mathew Stephenson and I have concerns with the current and purposed Environmentally Protected (EP) Zoning. I own 2 rural properties in Clarington. Being self employed, my family does not have benefits and there is no pension plan. These properties represent a large portion of my wife's and my retirement plans. My children's education was also planned around these properties. A current zoning of EP unfairly devalues my properties and puts my families plans for the future in jeopardy. Particularly when zoning is carelessly placed on property by scanning satellites from a chair in an office. Any EP zoning needs multiply site visits and a meeting to change the determination of a property. EP Land is meant to protect Environmentally sensitive property. Homes in subdivisions and Condos do not benefit the environment, my rural properties with trees and creeks do. My families investment should not be devalued for these reasons. Ancestors of my family been farming and taking care of their properties in Clarington since before the first census in 1836. The EP zoning is for the benefit of the entire community and therefor the entire population of Clarington should carry the burden of this zoning. Why do property owners who have cut their trees down and paved over their land have 0% responsibility to the environment while a rural property owner who has taken care of their land is asked to shoulder 100% of the cost and bureaucracy that is forced onto them. A Zoning of EP will reduce the value of land in Clarington by a minimum of the six thousand dollars per acre, with a much higher average reduction seen across the municipality. A property with the potential to be divided is devalued by more than two hundred thousand dollars per acre. This excessive loss of value is unfair. What would happen if all residents of Clarington lost over 50% of the value in their homes? There are 2 main questions: 1) What constitutes EP land? Some land zoned EP and most of the new purposed EP zoning does not appear to be environmentally sensitive property. This would be evident on site inspection rather than following google maps. I understand why creeks and waterways are zoned EP but why hay and corn fields? 2) What is the compensation for land zoned EP? Compensation must be paid to the land owner for current and purposed EP zoning once a property is visited and an accurate assessment of environmentally sensitive land is determined. Adding value to EP land would make the property desirable and entice people to respect and protect it. This i compensation needs to be related to decreased property value. A standard time frame for payment can be worked out. When something is done for the greater good of a population then that population needs to pay for it. Our properties include: 71 Tamblyn Road and 3641 Concession Road 4. As recently as the Fall of 2018, Ganaraska Conservation Authority paid a visit to our property at Tamblyn Road as part of a Building permit that was applied for. At the visit, it was deemed that the waterway they had on record did not exist. A copy of the letter that was issued by the GCA is attached to this email as well as on file at the municipality. The purposed zoning does not eliminate this EP area on my property but expands it! Like our Tamblyn Road property, our property at Concession Road 4 has hay fields and is currently zoned EP. The purposed zoning will expand the EP area on this property also. My Father, James Stephenson, would also like to go on record disputing the zoning changes purposed for his farm at 7371 Cooney Road, Orono. I hope these concerns will be shared with council and staff for the June 24 meeting. Thank you for your time, Mathew Stephenson 2 Ganaraska CONSERVATION August 31, 2018 Mathew Stephenson 71 Tamblyn Road Orono, ON LOB 1 MO Dear Mr. Stephenson: Re: Ganaraska Region Conservation Authority 2216 County Road 28 Port Hope, ON L1A 3V8 Phone: 905-885-8173 Fax: 905-885-9824 www.grca.on.ca MEMBER OF CONSERVATION ONTARIO GRCA File: CLA1 13 2018 Property Information Request 71 Tamblyn Road - Orono Part Lot 26, Concession 5 — Municipality of Clarington Ganaraska Region Conservation Authority (GRCA) has reviewed your inquiry regarding the above noted property and your plans to construct a 19.71m x 24.38m implement shed. Please note that the northwest portions of the subject property are traversed by an identified watercourse which is tributary to Wilmot Creek. As such these lands are partially located within the regulatory jurisdiction of the Ganaraska Region Conservation Authority. A permit from this authority is required under the Development, Interference with Wetlands, Alteration to Shorelines and Watercourses Regulation (Ontario Reg. 168/06) prior to any construction or site alteration within the regulated portions of the property, or prior to the alteration of, or interference in any way with the channel of an identified watercourse. A second watercourse was indicated on GRCA's in-house mapping within the area of the proposed shed. A site visit was completed August 30, 2018 and verified that the location of the shed does not fall within a GRCA Regulated Area. A permit from this authority would therefore not be required for the construction of the proposed implement shed. I trust this meets your information requirements at this time. Should you have any further questions regarding this matter, please contact the undersigned. Ken Thaler, CIP, RPP Coordinator, Planning & Regulations Presentations and Handouts II!FP ; .• U ZONE Clarington Agricultural Land Uses and Environmental Protection Planning and Development Committee June 24, 2019 www.clarington.net/ZoneClarington Why now? • Provincial land use regulations and plans provide direction province -wide and for specific geographic areas (e.g. Greenbelt). • Official Plan policies must align with Provincial policy direction. • Zoning By-laws put the Official Plan into effect and provide for its day-to-day administration. General. high-level Detailed, site -specific J 0 z 0 LL a MUNICIPAL Planning Act Provincial Policy Statement, 2014 Provincial Policies Oak Ridges Merame Conserniion Plan 12017) Growth Plan for Ow Greater GoMIan HorSniflna 120171 Regional Official Plan Local Official Plan Zoning By-laws • In 2017, Clarington completed a comprehensive review of the Official Plan. As required by the Planning Act, we have three years to complete a comprehensive review of our Zoning By- laws. Al 1.A ZONE Clarington What is zoning? • Zoning is a set of rules everyone has to follow. It protects residents from conflicting land uses and our agricultural and environmental lands from development. • A Zoning By-law contains specific requirements that are legally enforceable. • It regulates the use, size, type and location for development. • Zoning regulations must align with municipal Official Plans and Provincial policies. Rear Yard Setback Residential Zon«, it,W ZONEClarington Provincial Direction for Zoning Al ZONE Clarington Where does authority to zone come from? Municipalities are given authority to zone lands by the "Planning Act", which is Provincial legislation that tells local governments how they can operate in regards to land use. The "Planning Act" sets out the ground rules for land use planning in Ontario. It describes how land uses may be controlled and who may control them. Al 1.A ZONE Clarington The Planning Act The "Planning Act" requires Council and the Local Planning Appeals Tribunal (LPAT) to carry out their responsibilities as they apply to the protection of ecological systems, including natural areas, features and functions, and the protection of the agricultural resources, among other matters of Provincial interest. The "Planning Act" requires Municipal Official Plans and Zoning By-laws to be aligned with the Provincial Policy Statement and Provincial plans. That means decision - makers must ensure that Provincial policy is applied as part of the land use planning decision -making process. Al 1.A ZONE Clarington Provincial Policy Statement The "Provincial Policy Statement" (PPS) applies province -wide and contains overall policy directions on matters of Provincial interest related to land use planning and development. The PPS includes strong policy direction to protect the province's environmental features and agricultural resources, and to direct development away from natural hazards. PPS Policy 2.1.1: Natural features and areas shall be protected for the long-term. PPS Policy 2.3.1: Prime agricultural areas shall be protected for long-term use for agriculture. et,W ZONEClarington Definition: "Environmental Features" For the purposes of this presentation, "Environmental Features" include: • Wetlands • Fish habitat • Valleylands • Significant woodlands • Areas of natural and scientific interest • Beach bluffs • Floodplains Al 1.A ZONE Clarington Provincial Policy Statement The PPS does not permit development within environmental features. For development to occur adjacent to an environmental feature, it must be demonstrated that there will be no negative impacts on that feature. The PPS directs development away from areas of natural or human -made hazards (e.g. floodplains, contaminated sites) where there is an unacceptable risk to public health, safety, or property damage. The PPS recognizes that taking action to conserve land and resources avoids the need for costly remedial measures to correct problems. Al 1.A ZONE Clarington Greenbelt Plan & Oak Ridges Moraine Conservation Plan The policies of the PPS are reinforced through Provincial plans. Provincial plans that are applied to Clarington's rural areas are the "Greenbelt Plan" and "Oak Ridges Moraine Conservation Plan". The "Greenbelt Plan" took effect in December 2004 and the "Oak Ridges Moraine Conservation Plan" took affect in November 2001. Both plans were updated in May 2017. Together these plans identify where development should not occur in order to protect agricultural and environmental lands. The Greenbelt, which includes the Oak Ridges Moraine, was established to protect green space, farmland, communities, forests, wetlands, and watersheds in Ontario's Greater Golden Horseshoe. Al etiW ZONE Clarington Greenbelt Plan & Oak Ridges Moraine Conservation Plan The "Oak Ridges Moraine Conservation Plan" was created to protect the concentration of environmental, geological and hydrological features that make this landform vital to south-central Ontario, including: — Clean and abundant water resources; — Healthy and diverse plant and animal habitat; — An attractive and distinct landscape; — Prime agricultural areas; and — Sand and gravel resources close to market. Al 1.A ZONE Clarington Greenbelt Plan & Oak Ridges Moraine Conservation Plan These plans do not permit development within environmental features or within 30-metres of an environmental feature. Development within 120-metres of an environmental feature requires an environmental review to demonstrate no negative impacts on the environmental features. This requirement does not apply to buildings for agriculture, agriculture -related and on -farm diversified uses. Al 1.A ZONE Clarington Greenbelt Plan & Oak Ridges Moraine Conservation Plan Both plans permit existing uses and buildings to continue within an environmental feature. If you had a lot with permission to build a house in, or within 30-metres of an environmental feature, prior to these plans coming into effect, that permission remains. An environmental review would be required to demonstrate no adverse impacts on environmental features due to the construction of the house. Al 1.A ZONE Clarington Official Plan The "Clarington Official Plan" was updated in 2017. This included an update to the natural heritage system comprised of environmental features to be consistent with the PPS, the "Greenbelt Plan", the "Region of Durham Official Plan" policies and the work of the Conservation Authorities. A previous update in 2005 implemented the policies of the "Oak Ridges Moraine Conservation Plan", which were carried forward to the 2017 update. Al 1.A ZONE Clarington Environmental Features and Protection Al ZONE Clarington How have environmental features been identified? • All environmental features, combined, make up the natural heritage system in the "Official Plan". Creating the natural heritage system involved working with local Conservation Authorities and the Ministry of Natural Resources and Forestry to identify the following environmental features as part of the natural heritage system: — Wetlands — Fish habitat — Valleylands — Significant woodlands — Areas of natural and scientific interest — Beach bluffs — Floodplains • Following policy direction of the PPS, the "Oak Ridges Moraine Conservation Plan" and "Greenbelt Plan", the "Official Plan" designates all environmental features as an Environmental Protection Area and includes a 30-metre wide vegetation protection zone. An environmental review is required for any proposed development within 120-metre of an environmental feature. 1- ZONE Clarington Al etiW How have environmental features been mapped? • Base data created by expert staff in fields of Engineering, Biology and Ecology was collected from the Conservation Authorities and the Ministry of Natural Resources and Forestry. Data was also used from local watershed studies and individual environmental reviews. • The methodology to create the natural heritage system was outlined in a "Natural Heritage Discussion Paper" as part of the Official Plan review work. The methodology was applied to all parts of Clarington, including the Urban Areas. Al 1.A ZONE Clarington Why must we protect environmental features? Key objectives of the "Official Plan" relating to environmental features are: • To protect environmental features from incompatible development; and • To protect residents from natural and man-made hazards such as poor drainage, organic soils (e.g. peat), flood susceptibility, erosion, steep slopes, and contaminated sites. Environmental features combined make up the Natural Heritage System. It is important to protect the whole system in order to: • Allow for wildlife and plant movement to help maintain biod iversity. • Protect residents from hazards such as erosion and flooding • Protect streams, animal and plant species. Al etiW ZONE Clarington How have we been protecting environmental features? • Policies to protect environmental features have been in place in our "Official Plan" since 1996. Those policies have been implemented through planning applications. If you have made application for a Site Plan for a commercial development, or created a lot through land division near an environmental feature, you may have already been required to prepare an environmental review. • Policies relating to the "Oak Ridges Moraine Conservation Plan" have been implemented since 2005 through an Official Plan amendment and creation of the "Oak Ridges Moraine Zoning By-law 2005-109." Development in or within 120- metres of an environmental feature is required to have Site Plan approval that includes an environmental review. Al etiW ZONE Clarington How have we been protecting environmental features? • The "Conservation Authorities Act" was created in 1946 in response to erosion and drought concerns, recognizing that these threats are best managed on a watershed basis. • In 1956, additional regulations were added in response to Hurricane Hazel to prohibit filling in floodplains and areas where the control of flooding or conservation of lands would be affected. • The "Conservation Authorities Act" requires Conservation Authorities to regulate development and activities in or adjacent to river or stream valleys, lakes, shorelines, watercourses, hazardous lands and wetlands. Al 1.A ZONE Clarington How have we been protecting environmental features? • Conservation Authorities also regulate the straightening, changing, diverting or interfering in any way with a river, creek, stream or wetland. This work is to ensure that development taking place on these lands is protected from flooding, erosion, dynamic beaches and pollution. • If you plan to build or modify land or water in a Conservation Authority's regulated area you already require approvals from the Conservation Authority. Al 1.A ZONE Clarington How have we been protecting environmental features? • The Region of Durham manages the cutting of trees through the "Regional Tree By-law 31-2012". It was originally passed by Durham Regional Council in 2008 and was amended in 2012. It is currently under review. • The Regional Tree By-law reflects Local and Regional commitment to protect forested areas. Woodlands contribute to ecosystem health, human health, and our overall quality of life • The Regional Tree By-law applies to woodlands within the Region that are one hectare (2.5 acres) in size and greater. Clarington has a By-law (97-35) that manages woodlands greater than 0.2 hectare (0.5 acres) and less than one hectare (2.5 acres). Al etiW ZONE Clarington How have we been protecting environmental features? • "Woodlands" do not include orchards, tree nurseries, Christmas tree plantations, fence rows, or land previously cleared for agricultural purposes that has become overgrown with scrub and/or small trees, and is intended to be used for farming. Awoodland can extend across property boundaries. • If you are planning to cut down or remove trees within a woodland area, you may need a permit from the Region of Durham or the Municipality of Clarington. Al 1.A ZONE Clarington How have we been protecting environmental features? • The By-law specifies that the removal of trees as part of normal farm practices are exempt. Normal Farm Practice includes the removal of trees for personal use, as well as the removal of trees for farm -related uses (such as fence posts and rails). Normal farm practices do not include clear cutting of any kind. • The By-law does not apply to the removal of trees to accommodate a building or structure where a building permit has been issued, or for the removal of dead and/or hazardous trees. Al 1.A ZONE Clarington Agriculture and Environmental Protection Al ZONE Clarington Zoning for Environmental Protection In rural areas outside of hamlets and subdivisions: • Environmental Protection (EP) Zone =Environmental Protection Area designation in the Official Plan • Minor adjustments were made to the zoning to reflect existing conditions and provide connectivity to environmental features • Consistent approach with the Oak Ridges Moraine Zoning By- law 2005-109 • The Environmental Protection Zone in Zoning By-law 84-63 was mapped 35 years ago and only included floodplains. Updating is necessary to reflect modern mapping capabilities and other important environmental features. M" " www.clarington.net/ZoneClarington ZONECIarington Zoning for Environmental Protection The EP Zone includes a 30-metre Minimum Vegetation Protection Zone (MVPZ) overlay in the Rural Areas. It acts to buffer environmental features from surrounding uses. In the Draft Zoning By-law, the area where an environmental review may be required is shown as an Environmental Review Area (ERA) overlay. The ERA extends 90-metre from the MVPZ overlay. 1 Minimum Vegetation Protection Zone (MVPZ) 1 Environmental Protectio on Zone (EP) Review Area (ERA) Agricultural Zone (A) www.clarington.net/ZoneClarington ZONECIarington rt Draft Zoning By-law Example Environmental Protection (EP) Minimum Vegetation Protection Zone Overlay Environmental Review Area Overlay Agricultural (A) Rural Residential (RR) From years of experience applying the Oak Ridges Moraine Zoning By-law, staff have identified ways to be flexible with the proposed Zoning By-law. The vegetation protection zone and environmental review area overlays have been trimmed where a road separates them from the environmental features. We have also adjusted mapping where we know that development has occurred in woodlands. www.clarington.net/ZoneClarington ZONE Clarington Agriculture & Environmental Protection Draft Zoning By-law The following uses are permitted in the Environmental Protection Zone & Minimum Vegetation Protection Zone: • Existing farm uses, but no new buildings and structures • New houses on "existing vacant lots of record" (i.e. lots with previous zoning approval) • Additions to houses on "existing lots of record" (i.e. lots with previous zoning approval) • All other legally existing uses * • Planning approvals (e.g. minor variance or site plan control) may apply for expansions. M" " www.clarington.net/ZoneClarington ZONECIarington Environmental review may be required for... ...expansion to an existing agricultural use (i.e. farm buildings) in this area. ...residential uses (existing and new) (i.e. new garage, addition tc a house) in this area D Minimum Vegetation Protection Zone (MVPZ) Environmental Protection Zone (EP) Environmental Review Area (ERA) Agricultural Zone (A) Y 1 Environmental review not required for... ...agricultural, agricultural related an secondary on -farm uses in this area d ZONEClarington Addressing Public Concerns About the First Draft Zoning By-law Al ZONE Clarington What we have heard: The Municipality used Google Maps to draw the zone boundary lines without science and back-up data. What we did: We used data created by qualified professionals at the Conservation Authorities and Ministry of Natural Resources and Forestry to identify environmental features. Base data created by expert staff in the fields of Engineering, Biology and Ecology was provided by the Conservation Authorities and the Ministry of Natural Resources and Forestry. Data was also used from local watershed studies and individual Environmental Impact Studies. Planning Services has copies of all of the data sources. The base data layers, combined, make up the Environmental Protection Zone. Refinements have been made to trim the MVPZ and ERA overlays where a road separates it from the environmental feature. We also removed areas where we know that development has occurred within woodlands. Updated data sets will be incorporated into the draft Zoning By-law, as available. Al ZONE Clarington What we have heard: 60,000 acres of land was added to the EP Zone Clarification: As proposed, approximately 29,500 acres of land is proposed to be added to the EP Zone r zo Land Area (acres) %ofTotal Rural Land Area Total Rural Area 133,259 EP Zone (Rural Area): Current Zoning 35,344 27% EP Zone (Rural Area): First Draft Zoning By-law 64,868 49%* * 45% of Clarington's entire land area. Al etiW ZONE Clarington What we have heard: You can only continue to "cash crop" EP zoned land. Clarification: All existing farm uses are permitted in the EP Zone and MVPZ, except the construction of new buildings and structures. To expand an existing farm structure or building within the EP Zone, a planning application and environmental review may be needed. Agricultural, agricultural -related and secondary on -farm uses that are proposed to be outside of the EP Zone do not require a planning application or environmental review. Al 1.A ZONE Clarington What we have heard: Landowners will need to complete an Environmental Assessment if they want to develop on their land. Clarification: An Environmental Assessment (EA) is not required. An EA is a specific process prescribed by the Environmental Assessment Act and administered by the province. An environmental review may be needed for development under certain circumstances to demonstrate that there will be no adverse effects on the feature. Agricultural, agricultural -related and secondary on -farm uses that are proposed to be outside of the Environmental Protection Zone do not require this review. Al 1.A ZONE Clarington What we have heard: Secondary apartments are not permitted for existing houses that are now within the EP Zone. What we did: As proposed, an existing house is permitted to have a secondary apartment, except in natural hazard areas. Currently, secondary apartments are not allowed in Clarington's rural area and require a Zoning By-law Amendment to permit them. Proposed changes allow secondary apartments within the Rural Residential and Agricultural Zones and within existing dwellings in the EP Zone. Regulations for secondary apartments are put in place to ensure compatibility with the surrounding area and that they are in fact secondary to the main house. Al etiW ZONE Clarington What we have heard: Uses have been taken away from commercially zoned land on Highway 115/35. What we did: Commercial zoning is being kept for 91 % of the properties currently zoned commercial on Highway 115/35. The remaining properties are within an environmental feature and are either vacant or used for residential. The commercial zone category is proposed to be called "Rural Commercial Zone" and consists of the following zones: • (RC1) Hamlet Commercial • (RC2) Highway Commercial • (RC3) Service Station Commercial • (RC4) Hamlet Service Station Each one of these zones permits a variety of uses which can be found in Section 10 of the Draft Zoning By-law. Some site specific exceptions zones were applied and can be found in Section 10.4. 1- ZONE Clarington Al What we have heard: I no longer can create lots on my land. What we did: Lot creation in rural areas is only permitted in Hamlets and Clusters or for a dwelling surplus to a farm operation. The Region of Durham Official Plan dating back to 1976 only permitted lot creation for: • A retirement lot for a farmer; • A lot for a member of a farm family employed on the farm; • A house that was surplus to a farm. These policies were amended over the years based on updates to Provincial policy to eliminate farm retirement lots and farm family lots. Lot creation in rural areas can affect a farmer's ability to expand barns housing livestock if minimum distance separation cannot be met due to the proximity of a house on an adjacent lot. One additional house is permitted for people working on the farm on lots with at least 20 hectares (49 acres). On the Oak Ridges Moraine, the building must be in conformity with Provincial policy. The proposed Zoning By-law is consistent with this approach. R ZONE Clarington Al What we have heard: Conservation Authorities will take authority over my land. Clarification: Enforcement of the Zoning By-law is the responsibility of the Municipality. • Conservation Authorities provide data and technical support to municipalities throughout the development and updating of Official Plans and Zoning By-laws. • They review development applications and provide environmental and natural hazard protection advice to municipalities through the land use planning process. • Their authority is separate from municipal zoning authority and is already in place as set out in the Conservation Authorities Act. Al 1.A ZONE Clarington What we have heard: The assessed value of my property will change and the decrease in tax revenue will have to be absorbed by residential property taxpayers. What we did: We consulted with the Municipal Property Assessment Corporation (MPAC). The Municipal Property Assessment Corporation (MPAC) assesses properties for what they are being used for as compared to similar properties. In the case of farm properties their comparison is based on farmer to farmer sales and the productivity of the land. Section 19(5) of the Assessment Act clearly sets out how farm properties are valued. Bona fide farms are taxed at 20% of the residential rate in Clarington and Durham, unlike most municipalities which use 25%. When Council determines the budget the Treasurer provides the revenue sources, one of which is the taxes gained from the different classes of property (residential, industrial and commercial). The taxes derived from bona fide farms in Clarington is 3.7% of Clarington's portion of the tax bill. Al ZONE Clarington What we have heard: The real estate value (fair market value) of my property will decrease. What we did: We consulted with two independent property appraisers, as this is outside of Planning Services area of expertise. The appraisers have considerable experience in the Clarington area and agricultural properties. Here is some of what they said... • "Beginning with the property history of the site, the appraiser collects all relevant overlying land use control documents. A variety of factors are considered including but not limited to site size, arable acreages, type of soil, location, timing to development (if possible), servicing, land use controls...and Highest and Best Use of the site." • "The value of agricultural property is based upon the use of the property at the time of the valuation. The zoning does have a factor as it determines use. In most cases the properties use is dictated by the land quality (low, wet floodplains or high usable lands)." • "Market value is based upon what buyers would pay for that property. That basis for decision is dependant on the wants and needs for the buyer in relation to the location and amenities of the property. Every property is unique in appeal to a potential buyer." Al ZONE Clarington What we have heard: The real estate value (fair market value) of my property will decrease. What we did: We searched for academic papers on the effect of environmental protection and agricultural zoning on property values. Here is some of what we found... Deaton & Vyn, "The Effect of Strict Agricultural Zoning on Agricultural Land Values: The Case of Ontario's Greenbelt", American Journal of Agricultural Economics 141-155. The authors conclude that there are negative effects on property value only for properties under immediate development pressure Since rural agricultural properties in Clarington are already subject to numerous Provincial agricultural and natural heritage policies that limit development potential, additional EP zoning should not result in any further impacts to property value. Al itiW ZONE Clarington What we have heard: East Gwillimbury has refused to implement Provincial policy in its Zoning By-law and Clarington Council should do the same. What we did: We have researched the situation in East Gwillimbury and have determined: • Council for East Gwillimbury passed a Zoning By-law with a reduced EP area; • Lake Simcoe Region Conservation Authority appealed the decision to LPAT; • The Conservation Authority alleges that the Zoning By-law does not conform to numerous land use planning instruments; • If the allegation is proven, the Zoning By-law will be contrary to law and Provincial policy; • The appeal is ongoing and the parties are currently participating in mediation. Al etiW ZONE Clarington What we have heard: Zoning has been changed. Clarification: Zoning has not changed. Zoning By-law 84-63 and Zoning By-law 2005-109 remain in effect. A Draft Zoning By-law was released Nov. 2018 for public review and comment. This is the first of three planned drafts to be released before requesting a decision of Council. Municipality of Clarington Zoning By-law XXXX-XX Draft November 2018 (Z)Mum..., <I :33.npon .:41c, Ir\ I) Al 1.A ZONE Clarington Zoning By-law Review Process Al ZONE Clarington What is ZONE Clarington? Zoning By-law 84-63 Zoning By-law 2005-109 Municipality of Clarington Zoning By-law XXXX-XX Draft November 2G 13 Guiding Principles: • Implement the Official Plan, helping Clarington to develop and thrive. • Modernize and improve usability of the Zoning By-law. • Respect our unique mix of urban and rural communities. 015 www.clarington.net/ZoneClarington ZONE Clarington General Work Program Project Initiation • Create work plan • Communications and engagement strategy • Official Plan/ Planning Act conformity analysis • Key issues survey • Review of layout and format f January 2016 Rural Area Zoning • Zoning issues and analysis • Research • Minor variance review • Special exceptions analysis • Information sheets created • Update mapping • First Draft Zoning By-law regulation • Public open houses Urban Area Zoning We are here • Zoning issues and analysis • Research • Minor variance review • Special exceptions analysis • Information sheets created • Update mapping • Second Draft Zoning By-law regulation • Public open houses Zoning By-law • Third Draft Zoning By-law regulation • Statutory public meeting • Recommendation to council • Implementation Monitoring & Maintenance • Continued monitoring and maintenance of the Zoning By-law June 2020 www.clarington.net/ZoneClarington ZONE Clarington First Draft Zoning By-law • First Draft Zoning By-law released November 2018 • Two parts: — draft regulations — maps (schedules) that illustrate the zoning proposed for individual properties (rural area only) • 4 public open houses, plus meetings with organizations and stakeholder groups View Interactive eMap Interactive mapping tool is available to help quickly compare current zoning with proposed zoning. www.clarington.net/ZoneClarington ZONE Clarington Notice Official Plan Amendment 107 • Clarington invested significantly in undertaking a comprehensive review of the Official Plan. The review included: 20 Council reports; — 9 discussion papers; — Numerous workshops, public engagement sessions, and meetings with individuals, interest groups and Committees of Council; Website, social media, newspaper and newsletter advertising and information sharing; — Notification to all Clarington property owners via the property tax bill. ..,f.. 01 1 ICIAL PLAN_ REVIEW Compaq to our jutwC Shape Clarington's Future Planning Services has released proposed changes to the Clarington Official Plan. Drop in to one of our public information sessions between 6 and 8 pm to discuss the future development of Clarington. Find out more: www.clarington.net/ourplani ourplan@Clarington.net May 26 Faith United Church May 27 G.B. Rickard Recreation Complex June 2 Newcastle and District Recreation Complex June 3 Solina Community Hall Property tax bill notice, May 2015 t�W ZONE Clarington Notice Comprehensive Zoning -By Law Review Statutory Requirements • Prior to passing of a new Clarington Zoning By-law, the Planning Act requires the Municipality to hold one information session and one statutory public meeting where interested parties have a chance to speak on the proposed changes. • Notice of the statutory public meeting must be given through local newspapers or by mail and posted on the website. Zone Clarington is in the early stages of consultation. The official Zoning By-law amendment process and associated statutory consultation has not yet been initiated. Al etiW ZONE Clarington Notice ZONE Clarington • To date, notification of the Zoning By-law review project included: — Newspaper, social media, and newsletter advertising; — Letters to key stakeholder organizations (e.g. Durham Federation of Agriculture); — Direct notice to subscribed interested parties. • Prior to the statutory public meeting prescribed by the Planning Act, two Draft Zoning By-laws and two rounds of public open house sessions will be held to solicit public input. Project Initiation Rural Urban Area Area Zoning Zoning • First Draft By-law • Open House Series #1 • Second Draft By-law • Open House Series #2 Zoning By-law • Third Draft By-law • Statutory Public Meeting • Council Recommendation Monitoring & Maintenance Al ZONE Clarington Next Steps • Review of comments on first draft Zoning By-law. • Analysis of Environmental Protection /Agricultural zoning concerns with Conservation Authorities, other technical experts and Provincial Ministries. • Continue to meet with interest groups. • Review of communication plan and notification methods. • Urban Area Phase research and analysis. • Preparation of a second draft Zoning By-law for public comment (Target: spring/summer 2020). Planning Services will continue to accept comments on the First Draft Zoning By-law M" " www.clarington.net/ZoneClarington ZONECIarington Stay Informed -Get Involved! Al ZONE Clarington Stay Informed! Zoning By-law Review Project r r•i I.I Illll Clan.y.en INTRODUCTION „nke..t, daanryw., n �.k...,o MP Visit www.clarington.net/ZONECIarington • You will find: — Background information and work plan — Information sheets on key zoning topics — First draft Zoning By-law regulations and mapping (schedules) — Interactive eMap — Reports to Council — Subscriber request form — Comments and questions form Zoning By-law Review Project .iris even FRFQJFN'LY PSKFD QLFSTIONS w.y ate.. tw..aa Clatdngbn's Zoning By-laws? Mat does the Zt How dee. To Zonlno ly�aw revlen affat me' Zoning By-law Review Project SECONDARYA'ARTMENTS Ontano .Pom am lama Wan to imvora Zoning By-law Review Project tllll Clan.ylen AGKICULI UKAL tG K_LAItU LAND USES ha p peesece ...neared CAMS .eng Ye. arennn.wend teteat. . tv ..t.• x pa Polley m Zoning By-law Review Project ur LST• ell I Illli Clannolen KJKAL KtSIOEN I IAL LOI S Cwe0e[00. on.ro By Ian r.t.a wewn �. rane a c+ l..nx n;osaf Zoning By-law Review Project !lRi ttwldenrgmn ENVIKUNMtN IPLP O I EC I ION 6 ttUFFEKS pr..wae.ek a..0 ,a0O.nowZannea,a., amp�la.w ow/eeWwa�a .l non.. A... aEwl nova. • bliramon R.gelabry Inm. www.clarington.net/Zone Zoning By-law Review Project ;twrnsee,het St I t FLAN CON I KCL • ...�v,w'�.aw Pa Om.. wrpo.W 1.01.. el*a.0ka..nw..bw �. 00.0O...a.t. ▪ ,~.moon... • le(Mtall•peen a . ew e..64*at 0.41011.1.M001011.11. 5. Rw.C.*V ... MAW In awes. WYA vY OM Rpn•s .Kral.mon r wse.w.Cava nrw..ew.mwaolo+>,ln nOM Arnow Narnaurw.n acee.wal.owu.agnor 00 ay a.. a Mle.t ...M.* Va�weeea ..we ..Ike10.10194.11Mai..w..-e.. Polley Yen..fork Whore we ere today a..w..-9.•.« t. s.r...e...e........+e w"°.....................e..e. `ram-+t.=.:'_ %'- 4..tr ma ....w....0..................... ernix.••..••••••*.psereall• °� r.».".. ••'0. *wn.:.. �.�.- ume...a....nn.n.waam ea Subscribe: Subscribe to receive notifications on upcoming open houses, public meetings, or other events, and be added to the ZONE Clarington interested parties list. To Subscribe: • Submit the online form (www.Clarington .netlzoneclarington) • Email zoneclarington@Clarington.net Zoning By-law Review Project STAY INFORMED & GET INVOLVED Subscribe to receive notifications on upcoming open houses, public meetings, or other events, and be added to the ZONE Clarington interested parties list. Nnt Nan.. 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Pe41pnN,raormaton on.'b tom is Colored pursuant tO S... 1lM Ne MYnnWarut7001 Y10,ntIM V ant uN tO at+tt m Oft 0reenOmem of a WO aror a:.on lam.+°rl. NY w.11 god,. tutor ontn •ou. din loon 00011 be 0imele0 IS Inc ery♦ t« at SO tMOerante itre.t. 110Winanvium off IlC ACV/ ul orona at c«.double0v0,r 3t a Inlfr.rea. o..'µ'�'fir•N,5t 40,./m00,1. Or malgrl.0«0.M iwi... et. •rox Ott atr t,or q em>,. al rt.n.... a.attrame. eMN Mime eroatl- atrnt. zoneclarington@clarington.net Questions? 905-623-3379 ext. 2415 C1t,. ._,ulCW. www.clarington.net/ZoneClarington ZONECIarington ZoneClarington@Clarington.net Tracey Webster, Senior Planner T: 905-623-3379 ext. 2415 Amy Burke, Senior Planner T: 905-623-3379 ext. 2423 Carlo Pellarin, Manager of Development Review 905-623-3379 ext. 2408 www.clarington.net M" " www.clarington.net/ZoneClarington ZONECIarington