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HomeMy WebLinkAbout10-26-2020 Planning and Development Committee Post-Meeting Agenda Date:October 26, 2020 Time:7:00 p.m. Location:Council Members (in Chambers or MS Teams) | Members of the Public (MS Teams) Inquiries & Accommodations: For inquiries about this agenda, or to make arrangements for accessibility accommodations for persons attending, please contact: Lindsey Patenaude, Committee Coordinator, at 905-623-3379, ext. 2106 or by email at lpatenaude@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/Video Record: The Municipality of Clarington makes an audio and/or video record of General Government Committee meetings. If you make a delegation or presentation at a General Government Committee meeting, the Municipality will be recording you and will make the recording public by on the Municipality’s website, www.clarington.net/calendar Cell Phones: Please ensure all cell phones, mobile and other electronic devices are turned off or placed on non-audible mode during the meeting. Copies of Reports are available at www.clarington.net/archive *Late Item added after the Agenda was published. Pages 1.Call to Order 2.Land Acknowledgment Statement 3.New Business – Introduction Members of Committee are encouraged to provide the Clerk’s Department, in advance of the meeting, a copy of any motion the Member is intending to introduce, (preferably electronic) such that staff could have sufficient time to share the motion with all Members prior to the meeting. 4.Adopt the Agenda 5.Declaration of Interest 6.Announcements 7.Adoption of Minutes of Previous Meeting 7.1.Minutes of a Regular Meeting of October 5-6, 2020 5 8.Public Meetings 8.1.Public Meeting for a Request from Bowmanville Home Hardware for a Municipal Council Support for a Minister's Zoning Order 22 Applicant: Owners of Bowmanville Home Hardware Location: 2423 Rundle Road Report: PSD-042-20 Link to Public Meeting Presentation 9.Delegations 9.1.Hugh Allin, Regarding Item 15.2, Report PSD-039-20 Responding to the Delegation by Mr. Hugh Allin Regarding North Village Secondary Plan 9.2.Corinne Turansky, Regarding Item 15.2, Report PSD-039-20 Responding to the Delegation by Mr. Hugh Allin Regarding North Village Secondary Plan 9.3.Scott Collocutt, Regarding Item 13.5, Report PSD-046-20 Draft Plan of Subdivision and Rezoning for 29 Townhouse Dwellings in a Common Page 2 Elements Condominium, Newcastle 9.4.Paul Demczak, Batory Management, Regarding Item 13.5, Report PSD- 046-20 Draft Plan of Subdivision and Rezoning for 29 Townhouse Dwellings in a Common Elements Condominium, Newcastle *9.5.Wendy Bracken, Regarding Item 10.1, St. Mary's Cement, Alternative Low Carbon Fuel Environmental Compliance Approval Amendment - Comments from Dillon Consulting Limited, Air Quality Advisor 10.Communications – Receive for Information *10.1.Memo from Planning and Development Services, Regarding St. Mary's Cement, Alternative Low Carbon Fuels Environmental Compliance Approval Amendment - Comments from Dillon Consulting Limited, Air Quality Advisor 24 11.Communications – Direction *11.1.Correspondence Regarding Item 13.1, Report PSD-042-20 Request for Minister's Zoning Order at 2423 Rundle Road 32 Note: A petition containing approximately 150 signatures was received to "to call on Clarington Municipal Council to support this project and for the Ontario government to issue a Minister's Zoning order for it to proceed". The following have submitted correspondence: Naveed Khan, Nigel Swanson, Kelly Maika, Suzanna Nichols, Drew Donmoyer, D. Palazzo, Daniel A.V. Honour, Frank Cameron Barker, Jack Barker, Karen Grey, Kathleen Mcintosh, Kim Vaneyk, Kyle Roberts, Laura Annis, Lisa Norton, Meagan Moulton, Melissa Rogers, Patricia and Denis Brazeau, Patrick Leso, Paula Barker, Rhonda Carr, Rod Finney, Sandra Crabb, Savannah Foden, Shane Austin, Adam Cranley, Brad Bridger, Braeden Evans, Buddy Fisher, Paul V., Andy Visser, Colin Anderson*, Tyson Andringa*, Kathleen Barker*, Jamie*, Frank McGillan*, Grant McIntosh*, Pauline Frenette*, Todd Fitzgerald*, Alex Cowman*, Pauline Barker*, Larry Luxton*, Ray and Lucan Jeffery*, Ray Gilpin*, Scott Armstrong*, Paul Whittaker*, Barry Picov*, Matt Hill*, Chris Selby*, Brandon MacGregor*, Sam Davies*, Melissa Rogers*, Pat Leso* (Motion to refer to the consideration of Report PSD-042-20 Request for Minister's Zoning Order at 2423 Rundle Road) 12.Presentations No Presentations. 13.Planning Services Department Reports Page 3 13.1.PSD-042-20 Request for Minister’s Zoning Order at 2423 Rundle Road 99 13.2.PSD-043-20 Electric Vehicle Charge Station Policy and Amendment to Fees By-law for Charge Station Use 121 13.3.PSD-044-20 Heritage Permit Application for 302 Given Road (Belmont House), Newcastle; Applicant: Sedgewick Marshall Heritage Homes Ltd. 140 13.4.PSD-045-20 Removal of Holding (H) for Three Commercial Properties Located at 1556, 1560 and 1564 Highway 2, Courtice 159 13.5.PSD-046-20 Draft Plan of Subdivision and Rezoning for 29 Townhouse Dwellings in a Common Elements Condominium, Newcastle 167 14.New Business – Consideration 15.Unfinished Business 15.1.Dan Moulton, Bowmanville Home Hardware Building Centre, Regarding 2423 Rundle Road Rezoning (Referred from the October 5, 2020 Planning and Development Committee Meeting) Link to Correspondence Item 11.4 from Dan Moulton, Regarding 2423 Rundle Road 15.2.PSD-039-20 Responding to the Delegation by Mr. Hugh Allin Regarding the North Village Secondary Plan (Referred from the October 5, 2020 Planning and Development Committee Meeting) Link to Report PSD-039-20 16.Confidential Reports 17.Adjournment Page 4 1 If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 Planning and Development Committee Minutes Date: Time: Location: October 5-6, 2020 7:00 p.m. Council Members (in Chambers or MS Teams) | Members of the Public (MS Teams) Present Were: Present Via Electronic Means: Councillor G. Anderson Mayor A. Foster, Councillor R. Hooper, Councillor J. Jones, Councillor J. Neal, Councillor C. Traill, Councillor M. Zwart Staff Present: Present Via Electronic Means: J. Gallagher, L. Patenaude A. Allison, F. Langmaid, K. Richardson, T. Rubino, B. Weiler, C. Strike, C. Salazar ____________________________________________________________________ 1. Call to Order Councillor Anderson called the meeting to order at 7:01 p.m. 2. Land Acknowledgment Statement Councillor Neal led the meeting in the Land Acknowledgement Statement. 3. New Business – Introduction Councillor Traill asked that a new business item, regarding Zone Mapping Site Visits, be added to the New Business – Consideration section of the agenda. 4. Adopt the Agenda Resolution # PD-124-20 Moved by Mayor Foster Seconded by Councillor Hooper That the Agenda for the Planning and Development Committee meeting of October 5, 2020, be adopted with the addition of a New Business - Consideration item regarding Zone Mapping Site Visits. Carried 5. Declaration of Interest There were no disclosures of interest stated at this meeting. Page 5 Planning and Development Committee Minutes of October 5 -6, 2020 2 6. Announcements Members of Committee announced upcoming community events and matters of community interest. 7. Adoption of Minutes of Previous Meeting 7.1 Minutes of a Special Planning and Development Committee Meeting of September 28, 2020 Resolution # PD-125-20 Moved by Mayor Foster Seconded by Councillor Hooper That the minutes of the Special Meeting of the Planning and Development Committee meeting held on September 28, 2020, be approved. Carried 8. Public Meetings 8.1 Public Meeting for a Proposed Zoning By-law Amendment Recess Resolution # PD-126-20 Moved by Mayor Foster Seconded by Councillor Hooper That the Committee recess for 5 minutes to address technical issues. Carried The meeting reconvened at 7:30 p.m. with Councillor Anderson in the Chair. Toni Rubino, Planner, was present via electronic means. Ms. Rubino made a verbal presentation to accompany an electronic presentation. No one spoke in opposition to, or support of, the application. Manny DaCunha, Countrywide Homes, was present via electronic means to speak toward the application. Mr. DaCunha stated he agrees with the recommendations contained in the staff report and requested that the extension date be changed from the January 15, 2021 expiry date. He answered questions from Members of Committee. 8.2 Public Meeting for a Proposed Zoning By-law Amendment, for a Redlined Revision to Draft Approved Plan of Subdivision Brandon Weiler, Planner, was present via electronic means. Mr. Weiler made a verbal and electronic presentation to the Committee regarding the application. No one was present to speak in opposition, or in support, of the application. Page 6 Planning and Development Committee Minutes of October 5 -6, 2020 3 Michael Fry was present via electronic means regarding the application. Mr. Fry thanked Municipal Staff for their work and efforts on their application . He also provided clarity on exactly what is being proposed in the red line changes. Mr. Fry explained that they made more use of the rear lots backing onto the Canadian Pacific Railway line along with the extension of Hoad Street, for more traffic efficiency. He clarified that the amendment is not increasing coverage to the lots backing onto the CP line and will not affect the storm water ponds. He answered questions from Members of Committee. Frank Palombi, Lindvest Properties Limited, was present via electronic means, in support of the application. Mr. Palombi explained that the plan originally had a variety of 10m lots which included single car garages and added that the market analysis demonstrated that the market prefers two car garages. Mr. Palombi stated that having 11.3 frontages will allow for double car garages and a larger home while maintaining affordability. He explained that 15m lots include double car garages, but require much larger homes out of the affordable price point. Mr. Palombi noted that the purpose of the amendment is to modify the f rontage of some units which requires a change to the zoning. He added that they added the extension of Hoad Street to allow better circulation between the two cul-de- sacs. Mr. Palombi stated that the additional coverage would not affect storm water management and answered questions from Members of Committee. 8.3 Public Meeting for a Proposed Zoning By-law Amendment Cindy Strike, Manager, Development Review, was present via electronic means. Ms. Strike made a verbal and electronic presentation to the Committee regarding the application. Ted Gaunt, local resident, was present via electronic means to speak in opposition to the application. Mr. Gaunt stated that he lives on the corner adjacent to Green Road and Ross Wright Ave and did not move from Toronto to have a condo building in his backyard. He added that he came to Bowmanville for the nature and quiet town and expressed his concerns regarding increased traffic, privacy and safety of the neighborhood. Inge Vanek, local resident, was present via electronic means to speak in opposition to the application. Ms. Vanek explained that she moved from Pickering to Bowmanville, in 2015, with the understanding that future development would be similar to the existing neighbourhood. She expressed her concerns regarding overpopulated parks and how this proposal will lead to more limited space for children to play. Ms. Vanek explained that the development will increase traffic which will negatively impact schools and the safety of the children. She added that the residents in this area will lose their access to their backyards and any future property improvements. Ms. Vanek suggested a walkway be added behind the existing homes. She expressed her concerns regarding property values and how the new development wi ll be inconsistent and unnatural. Ms. Vanek noted she started a petition which received over 200 signatures in opposition to the proposal and answered questions from Members of Committee. Page 7 Planning and Development Committee Minutes of October 5 -6, 2020 4 Brad Legomski, local resident, was present via electronic means to speak in opposition to the application. Mr. Legomski agreed with Ms. Vanek's concerns. He added that, when purchasing his house, he was told that similar housing type would be developed in the future. Mr. Legomski noted his main concern regarding the amount of increased traffic. Kris Hudson, local resident, was present via electronic means to speak in opposition to the application. Ms. Hudson agreed with the previous concerns raised. She explained that they are a youn g family who were told that similar housing units would be developed in this area. Ms. Hudson added that her children go to school in the area and noted the schools and parks are already over crowded. She explained her biggest concern is increased traffic and congestion having no exit points. Ms. Hudson stated that the neighbourhood needs more parks and space before this development should be considered. She concluded by noting that Bowmanville is perfect for this application but not in the proposed location. Veto Domingos, local resident, was present via electronic means to speak in opposition to the application. Mr. Domingos explained that he moved to Bowmanville for the family environment and peaceful neighborhood. He expressed his fear of losing the green space and the safety of the children. Mr. Domingos noted he isn't opposed to welcoming families into the neighbourhood but is opposed to this type of development. He expressed his concerns for noise, garbage, and privacy in the neighbourhood. Gerald Hardy, local resident, was present via electronic means to speak in opposition to the application. Mr. Hardy expressed his concern regarding the traffic plan. He noted that the plan states there would be an increase of four round trips in the evening rush hour and a decrease in the morning. Mr. Hardy explained the traffic patterns over the past five years and noted that the development will make it worse. He expressed his concerns with Harvey Jones Park as it is already busy and hard to social distance. Mr. Hardy questioned if the Longworth Avenue extension will be completed before the proposed development is started. Andrea Jackson, local resident, was present via electronic means, and used an electronic presentation, to speak in opposition to the application. Ms. Jackson provided an overview of the proposed subdivision and stated she is opposed to the subdivision layout because it does not provide any green space for physical activity. She added that the proposal will put strain on the current green space and road systems. Ms. Jackson explained her concerns regarding increased traffic with no access to Green Road, construction vehicles going through neighbourhood, on-street parking, roundabout connecting Longworth Avenue and Green Road, and road safety. She questioned if road parking will be restricted to stop double parking and/or increase Municipal Law Enforcement officer patrols. Page 8 Planning and Development Committee Minutes of October 5 -6, 2020 5 Suspend the Rules Resolution # PD-127-20 Moved by Mayor Foster Seconded by Councillor Traill That the Rules of Procedure be suspended to extend Andrea Jackson’s delegation for an additional two minutes. Carried Ms. Jackson continued by expressing her concerns regarding the balance of green space to housing units and explained that the area is not conducive to medium density housing with no increase in green space for air quality or inhabitants to enjoy. Jeff Dowding, local resident, was present via electronic means to speak in opposition to the application. Mr. Dowding explained that he chose to move to Bowmanville because of the small-town feel. He expressed his concerns regarding the development and noted that the neighbourhood will be suffocated with higher density housing. Mr. Dowding stated that there is not enough green space to support the expanding developed area and added that Bowmanville schools and parks are already overwhelmed. He expressed his concerns regarding not enough green space, traffic, and the safety of children. Mr. Dowding asked Committee to reject the proposal for this development and approve single and semi-detached homes. Duneel Muthubandara, local resident, was present via electronic means to speak in opposition to the application but stated that his concerns have already been raised and had no further comments. Jennifer Wingrave, local resident, was present via electronic means to speak in opposition to the application. Ms. Wingrave agreed with the previous concerns raised. She noted that she also purchased her home with the understanding that single dwelling homes were to be developed. Ms. Wingrave expressed her concerns regarding the infrastructure of roads, traffic along Green Road, privacy, and the safety of children. David Falletta, Planner, Bousfields Inc., was present via electronic means to speak on behalf of the applicant. Mr. Falletta stated that he appreciates all concerns raised today. He noted that, in 2009, a comprehensive review was completed which identified the locations of major roads, schools, parks, and mix of land uses. Mr. Falletta explained the importance of the plans and policies set out by the Province, Region, and Municipality. He stated that the intent of the application is to provide housing and income opportunities. Mr. Falletta explained that, when the Secondary Plan was approved, Longworth Ave and Green Road were approved for higher density along both corridors. He added that they are conforming with what the plan had originally. Page 9 Planning and Development Committee Minutes of October 5 -6, 2020 6 Mr. Faletta explained that the residents’ comments tonight will help decide on the look and location of where the building will be located for privacy. He noted that the 34 units fronting onto the Longworth Avenue extension conforms with the Secondary Plan. Mr. Falletta explained that they are looking at other options for the development, such as apartment or retirement homes. He stated that the ownership of the lands has already been dedicated to the Municipality, therefore Longworth Avenue will be constructed providing an alternative access point to major roads like Green Road. Mr. Falletta explained that an on-street parking plan was provided, which reviewed the vacant spaces on the road and indicated where additional parking supply can be added. He noted that the plan is being reviewed by Municipal Staff. Mr. Falletta stated that parks in the area were identified through th e Secondary Plan and were never proposed to be on this parcel of land. Darren Marks, GHD, Engineer, was present via electronic means to speak on behalf of the applicant. Mr. Marks provided information on the traffic study, noting that each draft plan is considered for the distribution of traffic. He explained that the development was originally for single-family dwellings with a double car garage. Mr. Marks added that each unit will include one car parking with a visitor parking spot. He stated that each unit would generate less trips than dwellings with a double car garage to accommodate more parking. Mr. Marks noted that they are working with Staff on a parking plan to ensure the requirements are met, and to have good traffic connections to arterial roads. He added that Longworth Avenue and Green Road are intended to have more traffic flow to Bowmanville Avenue and Highway 401. Paolo Sacilotto, DG Group, was present via electronic means, on behalf of the applicant, to thank residents and Staff for their comments and answer questions from Members of Committee. Suspend the Rules Resolution # PD-128-20 Moved by Mayor Foster Seconded by Councillor Hooper That the Rules of Procedure be suspended to consider Agenda items 11.1 and 13.3 at this time. Carried Page 10 Planning and Development Committee Minutes of October 5 -6, 2020 7 11.1 Correspondence Received from Residents in Objection to the Recommendations in Report PSD-036-20 A Draft Approved Plan of Subdivision and Rezoning, West of Green Road and North of Durham Highway 2, in Bowmanville Resolution # PD-129-20 Moved by Mayor Foster Seconded by Councillor Hooper That Communication Item 11.1 be referred to the consideration of Report PSD-036-20 A Draft Approved Plan of Subdivision and Rezoning, West of Green Road and North of Durham Highway 2, Bowmanville. Carried Resolution # PD-130-20 Moved by Councillor Hooper Seconded by Mayor Foster That the foregoing Resolution #PD-129-20 be amended by adding the following at the end: That the owner/applicant hold a public open house prior to the subsequent report coming back to Committee. Motion Withdrawn The foregoing Resolution #PD-129-20 was then put to a vote and carried. 13.3 PSD-036-20 A Draft Approved Plan of Subdivision and Rezoning, West of Green Road and North of Durham Highway 2, in Bowmanville Resolution # PD-131-20 Moved by Mayor Foster Seconded by Councillor Hooper That Report PSD-036-20 be received; That the application by DG Group for a Draft Plan of Subdivision and Rezoning, on the west side of Green Road, north of Durham Highway 2, Bowmanville continue to be processed including the preparation of a subsequent report; That the owner/applicant hold a public open house prior to the subsequent report coming back to Committee; and That all interested parties listed in Report PSD-036-20 and any delegations be advised of Council’s decision. Carried Page 11 Planning and Development Committee Minutes of October 5 -6, 2020 8 Recess Resolution # PD-132-20 Moved by Mayor Foster Seconded by Councillor Jones That the Committee recess for 10 minutes. Carried The meeting reconvened at 9:54 p.m. with Councillor Anderson in the Chair. 9. Delegations 9.1 Steve Usher, Principal Hydrogeologist, SLR Consulting Canada, Regarding Report PSD-037-20 Clarington Transformer Station Steve Usher answered questions from Members of Committee regarding Report PSD-037-20 Clarington Transformer Station. 9.2 Steven A. Zakem, Aird & Berlis LLP, Regarding Unfinished Business Item 15.1, Report PSD-031-20 An Application by Goldmanco Inc. to Amend Sign By-law 2009-123 to Permit a Monolith Sign Along Highway 2 at the Courtice Urban Centre Development Steven Zakem, Aird & Berlis, was present via electronic means regarding Report PSD-031-20 An Application by Goldmanco Inc. to Amend Sign By-law 2009-123 to Permit a Monolith Sign Along Highway 2 at the Courtice Urban Centre Development. Mr. Zakem thanked Members of Committee for the referral and provided a background of previous expressed concerns. He explained that, since the matter was considered, they removed all temporary signs to remove the visual clutter while construction continues. Mr. Zakem explained that they have created two smaller signs instead of one large sign that includes space for 12 tenants, which are tastefully designed. Mr. Zakem concluded by answering questions from Members of Committee. 9.3 Hugh Allin, Regarding Report PSD-039-20 Responding to the Delegation by Mr. Hugh Allin Regarding North Village Secondary Plan Hugh Allin's name was called, but he was not present. 9.4 Corinne Turansky and Brad Miller, Regarding Report PSD-039-20 Responding to the Delegation by Mr. Hugh Allin Regarding North Village Secondary Plan Corinne Turansky and Brad Miller's names were called, and they were not present. Page 12 Planning and Development Committee Minutes of October 5 -6, 2020 9 Alter the Agenda Resolution # PD-133-20 Moved by Councillor Traill Seconded by Councillor Zwart That the Agenda be altered to reorder the delegations 9.5 to 9.9, regarding 2423 Rundle Road Rezoning as follows: 9.8 Tim Whittaker 9.9 Benjamin Finney 9.7 Nathan Veley 9.6 Jon Wilcox 9.5 Dan Moulton Carried 9.8 Tim Whittaker, Regarding 2423 Rundle Road Rezoning Tim Whittaker, was present, via electronic means, regarding 2423 Rundle Road Rezoning. Mr. Whittaker explained that he has been a resident in Clarington for the past 30 years. He provided background on his relationship with the Moulton brothers, noting that he met them through their Home Hardware Business. Mr. Whittaker expressed his support for the Building Centre to be developed at 2423 Rundle Road. He stated that another lumber retail store would be an asset to the Clarington community. Mr. Whittaker thanked Members of Committee for their time. 9.9 Benjamin Finney, Regarding 2423 Rundle Road Rezoning Benjamin Finney, was present, via electronic means, regarding 2423 Rundle Road Rezoning. Mr. Finney noted his family has owned a large architectural business for 30 years and depend on Home Hardware as one of their two l ocal suppliers. Mr. Finney expressed his support for the rezoning of 2423 Rundle Road and hopes that Committee will support the expansion of the local business. 9.7 Nathan Veley, Regarding 2423 Rundle Road Rezoning Nathan Veley was present, via electronic means, regarding 2423 Rundle Road Rezoning. Mr. Veley noted that he is a resident of Ward 2 and has shopped at Bowmanville Home Hardware for the past two years as he renovated his home. He added that it is a 100% Canadian company and locally owned. Mr. Veley is requesting support for this local business to expand, especially during the pandemic. He stated that, if Committee supports the request, it will stand behind supporting a locally owned business who wants to expand. Page 13 Planning and Development Committee Minutes of October 5 -6, 2020 10 9.6 Jon Wilcox, Bowmanville Home Hardware Building Centre, Regarding 2423 Rundle Road Rezoning Jon Wilcox, Bowmanville Home Hardware Building Centre, was present via electronic means, regarding 2423 Rundle Road Rezoning. Mr. Wilcox explained that they are requesting the rezoning 2423 Rundle Road from C4-6 to C4. He noted that he oversees the operations for the Bowmanville Home Hardware Building Centre, along with six other locations. Mr. Wilcox explained that DG Biddle completed a water study to show the water usage at the Bowmanville and Minden stores to provide an accurate representatioin for water usage. He added that their average daily use is just over 1.3 cubic meters per day during their busiest time and as low as .67 cubic meters per day during slow times. Mr. Wilcox noted that the study showed that the water use would be no different than a construction of a single family residence and a high volume restaurant. He stated that they are responsible builders and care about neighbours and have shared the proposed septic design (which exceeds Ontario's Building Code) with Members of Committee. Mr. Wilcox explained that, the proposed septic design is the same as their Alliston store, which they have had no issues with and they regularly maintain the septic beds. He added that any toxic material is taken to an off -site recycling facility. Mr. Wilcox concluded by requesting support from Members of Committee for the re-zoning of 2423 Rundle Road. 9.5 Dan Moulton, Bowmanville Home Hardware Building Centre, Regarding 2423 Rundle Road Rezoning Dan Moulton, Bowmanville Home Hardware Building Centre, wa s present via electronic means, regarding 2423 Rundle Road Rezoning. Mr. Moulton thanked Members of Committee for their time with this project. He explained that he is seeking support to rezone 2423 Rundle Road from C4-6 to C4, Special Purpose Commercial Zoning, to build a Home Hardware Building Centre. Mr. Moulton noted that he owns seven stores in Ontario and is very hopeful to build another store in the Clarington community. He explained that the project will offer many benefits and create 65 new jobs and 90+ during construction. Mr. Moulton stated that he has support from local trades as they are supporting a 100% locally owned and operated Canadian business. He noted that he started a petition which received over 3000 signatures in 12 days showing support from the community wanting to see job growth. Mr. Moulton noted that he received verbal support from the Clarington Board of Trade, Lindsey Park, MPP, the neighbouring MPP, Wilmot and Algoma Orchards, and added that they received the most support from residents in Ward 2. He explained that the existing Home Hardware Building Centre is too small to support the growing population as they sell to all of Durham Region and beyond. Page 14 Planning and Development Committee Minutes of October 5 -6, 2020 11 Mr. Moulton stated that they will continue to serve east Bowmanville residents at 246 King Street East if they are approved. He explained that the property is designated for commercial use and the proposal isn't breaking the vision of intended land use. Mr. Moulton concluded by requesting Committee’s support for re-zoning and answered questions from Members of Committee. Suspend the Rules Resolution # PD-134-20 Moved by Councillor Neal Seconded by Councillor Traill That the Rules of Procedure be suspended to extend the meeting for an addition one hour until 12:00 p.m. Carried Alter the Agenda Resolution # PD-135-20 Moved by Councillor Traill Seconded by Councillor Zwart That the Agenda be altered to consider Item 11.4, at this time. Carried 11.4 Dan Moulton, Bowmanville Home Hardware Building Centre, Regarding 2423 Rundle Road Rezoning Resolution # PD-136-20 Moved by Councillor Traill Seconded by Councillor Jones The Municipality of Clarington supports a Ministerial Zoning Order (MZO) to be issued by the Province of Ontario, changing the zoning of 2423 Rundle Road Bowmanville from a C4-6 to a C4 designation, allowing Bowmanville Home Hardware to expand their business in the Municipality of Clarington; and That all residents, within a five kilometer radius, be notified of the proposed re- designation, by letter, sent within the next five days, to provide comments on the proposal at the Council meeting of Tuesday, October 13, 2020. Referred, See following motions Note: Councillor Traill withdrew the second paragraph. Page 15 Planning and Development Committee Minutes of October 5 -6, 2020 12 Resolution # PD-137-20 Moved by Councillor Neal Seconded by Councillor Zwart That the foregoing Resolution #PD-136-20 be referred to the next Regular Planning and Development Committee meeting dated October 26, 2020 for a Public Meeting; and That all residents, within a one kilometer radius of the subject land, be notified of the Public Meeting. Carried, on a Recorded Vote (See following Motions) Resolution # PD-138-20 Moved by Councillor Traill Seconded by Councillor Jones That the Rules of Procedure be suspended to allow Members of Committee to speak to the foregoing Resolution #PD-137-20 for a second time. Carried The foregoing Resolution #PD-137-20 was then carried on a recorded vote as indicated below: Yes (5): Mayor Foster, Councillor Hooper, Councillor Jones, Councillor Neal, and Councillor Zwart No (2): Councillor Anderson, and Councillor Traill Carried (5 to 2) 10. Communications – Receive for Information There were no Communications - Receive for Information items for consideration. 11. Communications – Direction 11.2 Paula J. Tenuta, Senior Vice President, Policy & Advocacy, BILD, Regarding Municipal Benchmark Study Page 16 Planning and Development Committee Minutes of October 5 -6, 2020 13 11.3 Memo from Faye Langmaid, Acting Director of Planning and Development Services, Regarding PSD-031-20, Sign By-law Amendment, Recommendation to Permit a Monolith Sign Along Highway 2 at the Courtice Urban Centre Resolution # PD-139-20 Moved by Councillor Neal Seconded by Councillor Zwart That Communication Items 11.2 and 11.3, be approved on consent as follows: That Correspondence Item 11.2 be referred to Staff to report back after the October 29, 2020 Information Session. That Correspondence Item 11.3 be referred to the consideration of Unfinished Business Item 15.1, Report PSD-031-20 An Application by Goldmanco Inc. to Amend Sign By-law 2009-123 to Permit a Monolith Sign Along Highway 2 at the Courtice Urban Centre Development. Carried 11.5 Scott Waterhouse, Planning Manager, Land Development, Candevcon East Limited, Regarding Rekker Gardens Ltd. Submission to Regional Municipal Comprehensive Review Resolution # PD-140-20 Moved by Councillor Neal Seconded by Mayor Foster That Communication Item 11.5 be referred to Staff to report back. Carried Suspend the Rules Resolution # PD-141-20 Moved by Mayor Foster Seconded by Councillor Neal That the Rules of Procedure be suspended to extend the meeting for an additional 30 minutes to 12:30 a.m. Carried 12. Presentations No Presentations. Page 17 Planning and Development Committee Minutes of October 5 -6, 2020 14 13. Planning Services Department Reports 13.1 PSD-034-20 An Application by Countrywide Homes Inc. for a Zoning By-law Amendment to Extend the Maximum Three (3) Year Period for a Temporary New Home Sales Centre Resolution # PD-142-20 Moved by Councillor Neal Seconded by Councillor Hooper That Report PSD-034-20 be received; That the application to amend the Zoning By-law submitted by Countrywide Homes Inc. be approved and that the Zoning By-law contained in Attachment 1 to Report PSD-034-20 be passed; That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-034-20 and Council’s decision; and That all interested parties listed in Report PSD-034-20 and any delegations be advised of Council’s decision. Carried as Amended, See following motion Resolution # PD-143-20 Moved by Mayor Foster Seconded by Councillor Zwart That the foregoing Resolution #PD-142-20 be amended by adding the following after the third paragraph: That the By-law extension commence from the date of expiry of the previous by-law (i.e. January 15, 2021). Carried The foregoing Resolution #PD-142-20 was then put to a vote and carried as amended. 13.2 PSD-035-20 Applications for Proposed Red Line Revision to a Draft Approved Plan of Subdivision and Rezoning for Lands at the North-East Corner of Grady Drive and Rudell Road, Newcastle Resolution # PD-144-20 Moved by Mayor Foster Seconded by Councillor Zwart That Report PSD-035-20 be received; That the proposed Red Line revisions to a Draft Approved Plan of Subdivision and Zoning By-law Amendment submitted by Lindvest Properties (Clarington) Page 18 Planning and Development Committee Minutes of October 5 -6, 2020 15 Limited continue to be processed, including the preparation of a subsequent report; and That all interested parties listed in Report PSD-035-20 and any delegations be advised of Council’s decision. Carried 13.4 PSD-037-20 Clarington Transformer Station Resolution # PD-145-20 Moved by Councillor Neal Seconded by Councillor Jones That Report PSD-037-20 be received; and That all interested parties listed in Report PSD-037-20 and any delegations be advised of Council’s decision. Carried 13.5 PSD-038-20 Part Lot Control Application to Deem Two Blocks in a Registered Plan of Subdivision to no Longer be Blocks for the Purpose of Melding them into one Block Resolution # PD-146-20 Moved by Mayor Foster Seconded by Councillor Neal That Report PSD-038-20 be received; That the application by Baseline Properties Ltd. requesting Council pass a by-law to deem Blocks 4 and 5 on Plan 10M-831 to no longer be within a registered plan of subdivision be approved and that the by-law contained in Attachment 1 to Report PSD-038-20 be passed; That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-038-20 and Council’s decision; and That all interested parties listed in Report PSD-038-20 and any delegations be advised of Council’s decision. Carried 13.6 PSD-039-20 Responding to the Delegation by Mr. Hugh Allin Regarding the North Village Secondary Plan Resolution # PD-147-20 Moved by Councillor Neal Seconded by Councillor Hooper That Report PSD-039-20 be referred to the next Regular Planning and Development Committee meeting dated October 26, 2020. Page 19 Planning and Development Committee Minutes of October 5 -6, 2020 16 Carried 14. New Business – Consideration 14.1 Zone Mapping Site Visits Councillor Traill withdrew her New Business – Consideration item regarding Zone Mapping Site Visits, at this time. 15. Unfinished Business 15.1 PSD-031-20 An Application by Goldmanco Inc. to Amend Sign By-law 2009- 123 to Permit a Monolith Sign Along Highway 2 at the Courtice Urban Centre Development (Referred from the September 21, 2020 Council Meeting) Resolution # PD-148-20 Moved by Mayor Foster Seconded by Councillor Zwart That Report PSD-031-20 be received; That the amendment to the Municipality of Clarington Sign By-law 2009-123, be approved and that the By-law, contained in Attachment 1 to Report PSD-031-20 be passed; and That all interested parties listed in Report PSD-031-20 and any delegations be advised of Council’s decision. Motion Withdrawn Resolution # PD-149-20 Moved by Councillor Neal Seconded by Councillor Hooper That Item 15.1 be referred to the next Regular Council meeting dated October 13, 2020. Carried 16. Confidential Reports No Reports for this section of the Agenda. Page 20 Planning and Development Committee Minutes of October 5 -6, 2020 17 17. Adjournment Resolution # PD-150-20 Moved by Councillor Neal Seconded by Councillor Jones That the meeting adjourn at 12:10 a.m. Carried Chair Deputy Clerk Page 21 Notice of public meeting The Municipality is seeking public comments on a request from the owners of the Bowmanville Home Hardware for Municipal Council support for a Minister’s Zoning Order that would allow development of a new building supply outlet. What is a Minister’s Zoning Order? The Ontario Planning Act gives the Minister of Municipal Affairs and Housing the authority to zone any property in the Province. Zoning orders are rarely used where a municipality has existing official plans and zoning by-laws, but they can be used to protect a provincial interest. A Minister’s Zoning Order prevails over municipal plans and zoning by-laws to the extent of a conflict. The municipal zoning by-law remains in effect in all other respects. Subject Property Proposed Development The proponent wishes to construct a building supply outlet store at 2423 Rundle Road, which is located at the intersection of Highway 2 and Rundle Road between Bowmanville and Courtice. They are seeking a Minister’s Zoning Order to gain expedient approval for their project without going through the typical public planning process. The subject property is designated Rural and Environmental Protection Area in the Clarington Official Plan. This proposal does not comply; when reviewed against applicable Provincial policy, the Durham Region Official Plan, the Clarington Official Plan and Zoning By-law 84-63. Council is inviting public comments prior to deciding whether to support the request by the proponent for a Minister’s Zoning Order. This public meeting is not a statutory meeting under the Planning Act. Page 22 How to be Informed Questions? Please contact Paul Wirch or Carlos Salazar at 905-623-3379 or by email at pwirch@clarington.net If you wish to be notified of the decision of Clarington Council on whether to support the request for the Minister’s Zoning Order, you must make a written request to the Municipal Clerk, 40 Temperance Street, Bowmanville, ON L1C 3A6. How to Provide Comments Our procedures have changed as we continue to adapt to the COVID-19 pandemic. As mandated by Public Health, to maintain physical distancing these meetings will take place electronically. A public meeting will be held on: Date: Monday, October 26, 2020 Time: 7:00 pm Place: Electronic meeting by way of online device or telephone To View the Meeting The meeting will be livestreamed for public viewing at www.clarington.net/calendar.To view the livestream, click the “view livestream” link located next to the agenda which will appear when the meeting begins. To Speak at the Meeting If you wish to speak at the public meeting, please pre-register and you will be provided with further instructions. You can pre-register by completing the online form at www.clarington.net/delegations or contact the Clerk’s Division at 905-623-3379 ext. 2109 or clerks@clarington.net by Friday, October 23, 2020 at 4:00 p.m. If you are unable to participate electronically, please contact the Clerk’s Division and we will do our utmost to accommodate you. Written Submission We encourage you to submit your written comments for Committee’s consideration to Paul Wirch or Carlos Salazar at pwirch@clarington.net or by mail or drop box to 40 Temperance Street, Bowmanville, ON L1C 3A6 by October 23, 2020. File Number: 010-040-03910 Freedom of Information and Protection of Privacy Act The personal information you submit is collected under the authority of the Planning Act, will become part of the public record, and may be released to the public. Questions about the information we collect can be directed to the Clerk’s Division at 905-623-3379, extension 2102. Accessibility If you have accessibility needs and require alternate formats of this document or other accommodations, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Faye Langmaid, FCSLA, RPP Acting Director of Planning and Development Services Page 23 MEMO The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6 1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net Page | 1 If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. To: Mayor and Members of Council From: Amy Burke, Acting Manager – Special Projects, Planning & Development Services Date: October 23, 2020 File No: PLN 21.2.7.3 Re: Comments from Clarington’s Air Quality Advisor regarding St. Marys Cement Alternative Low Carbon Fuel Environmental Compliance Approval Amendment During the 2020 Budget deliberations, Council approved $30,000 to retain a consultant to assist Council and staff to understand and comment on the technical air quality components, inter-relationships, regulatory requirements, and cumulative impact of two projects in south Clarington. These include the proposed expanded on-going use of Alternative Low Carbon Fuel (ALCF) at the St. Marys Cement (SMC) – Bowmanville Plant, and the proposed increase in processing capacity at the Durham York Energy Centre (DYEC), owned by Durham and York Regions. In September, the consulting contract for Air Quality Advisory services was awarded to Dillion Consulting Limited (Dillion). The consultant’s scope of work includes the following and does not constitute an in- depth peer review of the proposals: Developing an understanding of both projects; Reviewing currently available relevant air quality technical documents and studies; Preparation of a technical brief, providing advice and recommendations to the Municipality for commenting on SMC’s Environmental Compliance Approval amendment application for the proposed expanded use of ALCF; Preparation of a technical brief, providing advice and recommendations to the Municipality for commenting on the Environmental Screening Report for the proposed increase in processing capacity at the DYEC; and Two presentations to Council to review and discuss each technical brief. Page 24 The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6 1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net Page | 2 In addition to participating in meetings with SMC and attending the public information sessions held for the project, Staff submitted an initial comment letter on SMCs ALCF expansion proposal to the Environmental Registry of Ontario on August 22. The Municipality’s submission indicated that additional comments would be provided to the Ministry of the Environment, Conservation and Parks (MECP) upon completion of a review of the relevant air quality component by our Consultant. The results of this review and key findings are outlined in the attached briefing prepared by Dillon. Unless otherwise directed by Council, the briefing will be submitted to the MECP as additional comments from the Municipality on SMC’s Environmental Compliance Approval amendment application for the expanded on-going use of ALCFs, which the MECP is in the process of reviewing. This briefing is the first of two reviews that will be undertaken by Dillion. The second review will consider the relevant air quality and cumulative emissions components of the Environmental (Assessment) Screening Process report for the proposed increase in processing capacity at the DYEC from 140,000 tonnes to 160,000 tonnes per year. Supporting study work for this project is not yet complete. The Region is aiming to release the final Environmental Screening Report for public comment later this year, after which the second briefing by Dillion will be prepared for Council. If desired, Council has questions on this brief Dillion can be invited to present at the November 2 Council meeting. Recommendation: That the briefing prepared by Dillion Consulting Limited, dated October 23, 2020, be submitted to the Ministry of Environment, Conservation and Parks as additional comments from the Municipality of Clarington on St. Marys Cement’s Alternative Low Carbon Fuel Environmental Compliance Approval Amendment application. Sincerely, Amy Burke Acting Manager, Special Projects Branch Planning & Development Services Attachment: Briefing memo, Dillion Consulting Limited, dated October 23, 2020 Page 25 Memo DILLON CONSULTING LIMITED www.dillon.ca Page 1 of 6 To: Amy Burke, Senior Planner, Municipality of Clarington From: Hamish Corbett-Hains, Associate, Senior Air Quality Engineer, Dillon Consulting Limited cc: Ravi Mahabir, Partner, Dillon Consulting Limited Date: October 23, 2020 Subject: Briefing on St. Marys Cement’s proposal to increase its throughput of Alternative Low Carbon Fuel (ALCF) Our File: 20-3534 Background Dillon Consulting Limited (Dillon) was retained by the Municipality of Clarington (the Municipality) to provide support in commenting on the proposal by St. Marys Cement Bowmanville (SMC) to increase the site’s throughput of Alternative Low Carbon Fuel (ALCF). Dillon’s scope included a review of select SMC documents to understand the background on the proposed project, a review of key areas of concern identified by the Municipality, and development of this briefing note that documents key findings and responses to key concerns. This briefing note is not a detailed peer review of the documents referenced to assess accuracy, rather it is a review of the general approach and findings of the air quality studies presented to guide the Municipality in responding to the SMC proposal. In conducting this review, Dillon therefore relied on the information provided by other consultants. Review of the Studies Dillon reviewed air emissions studies that were completed by SMC and submitted to the Ministry of the Environment, Conservation and Parks (MECP). These studies included: source testing reports, an Emissions Summary and Dispersion Modeling Report (ESDM Report), and an Air Quality Cumulative Effects Study, collectively referred to in this brief as “the Studies”. Dillon did not perform a peer review of the Studies, which would involve independently confirming key technical aspects such as air dispersion modelling input parameters. However, in reviewing the Studies Dillon notes that the methods followed appear to be reasonable and in line with provincial guidance and industry standards. Specifically, the following were noted: The Studies include air dispersion modelling of the Facility which appears to meet the standards of the MECP’s regulatory approval process. Page 26 DILLON CONSULTING LIMITED www.dillon.ca Page 2 of 6 analysis is not a requirement in Ontario; the inclusion of this analysis is warranted considering the The Studies have compared the proposed changes at SMC against the appropriate criteria for both Key findings from the review are described in greater detail below: The Studies found no signi cant di erence between emissions in the baseline scenario (current o o parameter). o emissions expected from the increased ALCF scenario at SMC are reasonable. Dillon does not result of the proposed changes at SMC. The Studies predict compliance with MECP air quality criteria. o o The ESDM Report documents that the proposed change will comply with the MECP’s O.Reg.419/05 air quality standards and associated point of impingement criteria. o engineers. Provided that the MECP accepts the ndings presented in the ESDM, Dillon does not recommend that further studies are required to demonstrate compliance with the provincial requirements for industrial air quality. signi cant impact on local air quality. o an appropriate analysis in light of the concerns being raised. o o criteria. o The air quality benchmarks used within this study were the MECP’s Ambient Air Quality Criteria (AAQCs), the Canadian Ambient Air Quality Standards (CAAQS) and, in the absence of these, the e ects study. o o o study relied on a series of single day, ambient air quality monitoring events that were conducted on individual days in September and December 2018. This provides a limited ambient air quality Page 27 DILLON CONSULTING LIMITED www.dillon.ca Page 3 of 6 o impacts to air quality as a result of the SMC ALCF proposal. Literature Review In addition to reviewing the referenced documents, Dillon drew upon the findings of research conducted by Richards, G et. al. (Air emission from the co-combustion of alternative derived fuels within cement plants: Gaseous pollutants, January 2015) in formulating recommendations. This research reviewed emissions of key indicator compounds (Carbon Monoxide (CO), Carbon Dioxide (CO2), Nitrogen Oxides (NO2), Sulphur Oxides (SOx), Hydrogen Fluoride (HF), Hydrogen Chloride (HCl) and Total VOCs (TVOCs)) associated with varying types of Alternative Derived Fuels (ADF). Dillon’s review focused on ADF samples that were similar to the ALCF types proposed by SMC (i.e.; included biomass, cellulosic, and plastic materials). The findings of the review of this research were that: SOx emissions increased but not due to ADF use. o x emissions with increased ADF throughout. o (e.g. precalciner ring rate, average meal feed rate, average clinker produced, excess air). o Therefore increases in SOx emissions were not linked to ADF throughput, but other process related parameters. HCl emissions increased but not due to ADF use. o Similar to SOx emissions, there was a measured increase in HCl emissions with increased ADF throughput. o average meal feed and clinker produced, kiln ame and gas temperature). The study found that the use of ADF (or ALCF in the context of SMC) “...within di erent cement kilns were shown to have minimal in uence when compared to baseline emission rates, or signi cantly reduced the unit mass emission factor of gaseous pollutants”. The overall findings of Dillon’s review of the Studies and literature are: proposal to comply with the MECP’s air quality criteria, and demonstrate an insigni cant change in Dillon does not recommend that further studies are needed to assess the proposed change to SMC’s Page 28 DILLON CONSULTING LIMITED www.dillon.ca Page 4 of 6 Review of Key Concerns Raised The Municipality has put forward key considerations for review. Each key consideration is identified below, followed by a response to each. Provincial Sulphur Dioxide (SO2 emissions trading with other sites. Response: The SMC Bowmanville facility complies with the SO2 air quality criteria and the Cumulative Effects study shows that cumulative air quality is predicted to be within relevant air quality criteria. The MECP’s air quality criteria are developed to be protective of human health impacts. There are other Ontario jurisdictions with regional air quality concerns who have implemented local air quality monitoring networks to provide reliable high-quality data for regional-level analysis. Two notable examples include the industry-funded HAMN network in Hamilton and the industry-funded CASA network in Sarnia. The collection and public posting of regional data provides a greater level of transparency to the community and can be beneficial in identifying and evaluating long-term issues. As the public becomes increasingly aware and concerned about air quality matters, local data that provides a feedback loop to industry and also provides ongoing management of the airshed is emerging as a key tool to enhancing industry-community relations. From Dillon’s experience, many of the successful deployment of community ambient air quality networks are industry funded. It is recommended that the Municipality could work with the MECP and industry (e.g. SMC, DYEC) to set up a real-time air quality monitoring network within the Municipality. This monitoring network would measure and report on a range of key air quality indicators including SO2. 2.5) should be assessed and is of concern. Response: The Cumulative Effects Study completed by SMC predicts that the proposed project will not have a significant impact on PM2.5 levels within the local airshed. This finding was confirmed by data within one SMC presentation that showed that PM2.5 concentrations locally are driven by regional air quality events, and not local sources of emissions. It is recommended that the Municipality work with the MECP and industry (e.g. SMC, DYEC) to set up a real-time air quality monitoring network within the Municipality. This Page 29 DILLON CONSULTING LIMITED www.dillon.ca Page 5 of 6 monitoring network would measure and report on a range of key air quality indicators including PM2.5. Dioxin and Furan emissions are of concern and should be addressed. Response The Cumulative Effects Study completed by SMC assessed the impacts on Dioxins and Furans from SMC on the local airshed, drawing upon emissions testing from demonstration tests at SMC. The results showed an insignificant change in Dioxins and Furans emissions as a result of the project and no significant impact on the local airshed. Additionally, the decreases in these emissions, when using select types of ALCF has been documented in research by Richards G, et. al. (Dioxin-like pcb emissions from cement kilns during the use ). The proposed changes at SMC (increased throughput of ALCF) and the proposed changes at DYEC (increased throughput of waste) will both compound the stress on the local airshed. Response SMC’s proposal for increased throughput of ALCF in their cement kilns differs from DYEC’s proposal for increased waste throughput. Unlike the DYEC proposal, the SMC proposal does not include an overall increase in the quantity of fuel consumed. It has been noted earlier in this review that emissions testing and modeling conducted in support of SMC’s proposal has shown that there is not likely to be an impact on local air quality. This is based on SMC using “biomass, cellulosic and plastic materials derived from industrial and/or post-consumer sources, which cannot be recycled, are not considered hazardous and are not derived from animals or the processing and preparations of food”. This material stream is distinctly different from general (non-hazardous) municipal solid waste that is processed at DYEC, which is likely to lead to differences in emissions potentials from the two sites. Further, DYEC and SMC have different processes (cement kilns, versus thermal treatment of waste) that could add to differences in key emissions from the two sites. These differences in emissions potential and key air quality indicators from the two proposals are important to consider in the review of information and studies from both sites. Regardless of the proposal for expansion at DYEC, the studies completed for SMC predict ongoing compliance with provincial criteria and demonstrate an insignificant change in cumulative air quality. Page 30 DILLON CONSULTING LIMITED www.dillon.ca Page 6 of 6 Conclusions Dillon was retained by the Municipality to provide support in commenting on the proposal by SMC to increase the site’s throughput of ALCF. Dillon’s scope included a review of select SMC documents to understand the background on the proposed project, a review of key areas of concern identified by the Municipality and development of a briefing that documents key findings and responses to key concerns. The findings of the review are as follows: Studies completed by SMC show that the increase in ALCF throughput would lead to an insigni cant was con rmed through a review of available research. It is recommended that the Municipality work with the MECP and industry (e.g. SMC, DYEC) to set up Page 31 Naveed Khan  120 Holyrod St.  Courtice, Ontario, L1E 0G8   Naveed.khan1935@gmail.com  21st October, 2020  Municipality of Clarington  40 Temperance Street   Bowmanville, ON, L1C 3A6 To whom it may concern, My name is Naveed Khan, and I am a resident of Clarington and the owner of an independent hardware store called Kingsway Hardware. I am writing to you to express my concern about the proposed construction of a new Home Hardware at the intersection of Highway 2 and Rundle road. While I understand that developments like these can seem like exciting opportunities for the Clarington community, this particular expansion, and the proposal to seek an MZO, has me concerned. Firstly, as a resident of Clarington, the proposal to erode our precious greenspace, especially in the crucial area between Bowmanville and Courtice, is deeply concerning to me. As someone who moved to the area from Toronto almost 10 years ago, one of the key aspects that attracted me to Clarington was its small-town atmosphere. It struck me as a much better community in which to raise my children and to set down my long-term roots, and I am happy to say I have never regretted that decision. Greenspace, and spaces like the Urban Separator, play an integral role in sustaining this small town feeling. From my understanding, a significant portion of the current area is designated as ​Environmental Protection Area​ in the Clarington Official Plan, and an MZO, if granted, would allow for Home Hardware to bypass the usual checks and balances when developing this type of land. I am worried that, if Home Hardware is granted this exception, this may open the door to other businesses seeking similar exceptions. Secondly, as a small business owner, the expansion of larger corporations into Clarington always troubles me. Kingsway Hardware has existed, under different names and owners, in the community for more than 40 years. I am proud to say many people deliberately support my business instead of larger corporations because the success of small businesses is important to them. As one of, if not the, last independent hardware stores in Clarington, I understand the threat that the expansion of larger enterprises Page 32 poses to small businesses. Bowmanville is well known for its thriving small business community, especially the storefronts along King. They offer a unique, community-driven atmosphere that cannot be replicated by larger stores. The current pandemic has highlighted exactly how important this relationship is to our community. From deliberately overpaying on their purchases to offering direct support for myself and my family, the outpouring of support I received from the community was incredible. I am proud to say that I pay this forward every chance I get; whether supporting local food banks or making free deliveries to people unable to leave their homes, I always do whatever I can to help those in need. I do this knowing, if positions were reversed, they would do the same for me. My patrons are not my customers, they are my friends. My neighbours. My community. This type of community does not emerge by accident, and is something worth protecting. While I appreciate that Home Hardware has stronger ties to Canada and the local community than companies like Lowe and Home Depot, they are still much larger than most “mom-and-pop” stores, and their continued expansion jeopardizes the success of the small business community. I would hate to see Clarington lose its small business community, and I worry that allowing Home Hardware to bypass the zoning and planning processes would set a dangerous precedent that large corporations would exploit. If this request was approved, future businesses would have a justification for seeking MZOs of their own to bypass local planning rules and regulations. For these reasons, I would like to voice my opposition to the motion to request an MZO for Home Hardware, instead of having them follow typical planning procedures and regulations. Thank you for taking the time to read my concerns, and for all that has been done to keep our community safe during these difficult times. Sincerely, Naveed Khan 22 Holyrod Road, Courtice, Ontario Page 33 Page 34 Page 35 Page 36 From:Patenaude, Lindsey To:Patenaude, Lindsey Subject:FW: Register to speak Date:Friday, October 23, 2020 2:43:42 PM From: Suzanna Nichols <suzannanichols@gmail.com> Sent: Friday, October 23, 2020 1:32 PM To: Patenaude, Lindsey <LPatenaude@clarington.net> Subject: Re: Register to speak EXTERNAL Hi Lindsey, I realize there may be an overwhelming number of sign up to speak. So on behalf of our group of Women at Absolute Equestrian Center 2077 Bloor St. Bowmanville Ont. Below is what we would like to say. October 22, 2020 Dear Mayor & Councillors Clarington Township "It is hard to cope in this pandemic, while we might be alone, we have not been more together. Only together we can get through this unknown, So we must all work together. We lend a helping hand up, we build together, we don't break, we bend in support. Somewhere another mother try's to pay her bills, somewhere another child is unable to ear his full, we are Clarington neighbors, a community in hope you shall be united in apporving the Home Hardware build for the opportunity it brings to the community. Our world have changed, new challenges arise each day. Families have gone from sustainable income to zero income due to the Covid pandemic. Covid has given us a hard lesson, how we shop, where we shop and to stay closer to home. Families are having to make difficult choices, (for example) some families are paying half or less of their bills to be able to buy food. We know you care about our well being and understand saving green spaces is important. Kindly keep each resident in mind and the need for this build when making your final decision tonight. Thank you very kindly for your time, and we look forward to your positive consideration. Have a wonderful day. Warm Regards, Suzanna Nichols Absolute Equestrian Centre Member Group Page 37 From:Drew D To:steve.clark@pc.ola.org Cc:Barker, Frank; Moulton, Dan; Wilcox, Jon; Hooper, Ron; Anderson, Granville; Jones, Janice; Traill, Corinna; Zwart, Margaret; Neal, Joe Subject:2423 Rundle Road - Rezoning Request - Bowmanville Home Hardware Building Ctr Date:Sunday, October 11, 2020 2:46:18 PM Regarding request for Minister's Zoning Order, proposed rezoning for 2423 Rundle Road, Bowmanville,On. I am communicating my support for a new Locally Owned and Operated Home Hardware Building Centre. There is significant need for such a facility, located strategically, to provide adequate building supplies for this high growth area. With the recent completion of Ontario Highway 418, I suspect a surge of new development in the area is inevitable. This can only be good for the economy of Bowmanville and Clarington as a whole. In fact, I have a personal interest in possible career opportunities with this successful, local employer. regards, Drew Donmoyer Bowmanville, ON cell: 416-434-8299 -- .. Page 38 From:dean palazzo To:Hooper, Ron; Anderson, Granville; Jones, Janice; Traill, Corinna; Zwart, Margaret; Neal, Joe Cc:Moulton, Dan; Wilcox, Jon; Barker, Frank Subject:re-zoning Date:Thursday, September 24, 2020 8:41:09 PM I am contacting all of you in the hope that you will all give the same support as I do with the re-zoning of the land parcel at 2434 Rundle road in Bowmanville. Just knowing that this Home Hardware would create numerous full and part time jobs in the Clarington area as well as being a Canadian owned company gets my support 100%. Clarington is a community with high potential and This Home Hardware would be the flagship store that would help support the growing needs of the building and home repair business in the area. I am one of the people that support hard working Canadian companies such as this and hope you all will too. Best Regards D. Palazzo Page 39 From:Daniel Honour To:Barker, Frank; Moulton, Dan; Wilcox, Jon; Hooper, Ron; Anderson, Granville; Jones, Janice; Traill, Corinna; Zwart, Margaret; Neal, Joe Subject:New Home Hardware Store Date:Monday, September 28, 2020 12:15:56 PM To whom it may concern, I am writing you all today to express my support for the re-zoning of the property at 2434 Rundle Road so that a Home Hardware may be built. The construction of the store would bring new jobs and services to the community which I am 100% in support of. A Canadian owned business such as this one will benefit our community for future generations to come. Sincerely, Daniel A. V. Honour Page 40 From:Patenaude, Lindsey To:Patenaude, Lindsey Subject:Frank Cameron Barker Date:Friday, October 23, 2020 3:02:30 PM From: BARKER Frank -PICKERING <frank.barker@opg.com> Sent: September 25, 2020 1:01 PM To: ganderson@clarington.net <ganderson@clarington.net>; jjones@clarington.net <jjones@clarington.net>; mzwart@clarington.net <mzwart@clarington.net>; jneal@clarington.net <jneal@clarington.net>; rhooper@clarington.net <rhooper@clarington.net> Cc: Barker, Frank <Frank.Barker@homehardware.ca>; Moulton, Dan <Dan.Moulton@homehardware.ca>; Wilcox, Jon <Jon.Wilcox@homehardware.ca> Subject: RE: Support re-zoning of 2423 Rundle Road, Bowmanville C4-6 to C4 FRANK.BARKER@OPG.COM appears similar to someone who previously sent you email, but may not bethat person. Learn why this could be a risk Feedback Subject: Support re-zoning of 2423 Rundle Road, Bowmanville C4-6 to C4 Dear Councillors , It was brought to my attention that a Canadian owned company Home Hardware is proposing to build a flagship store on the property at 2434 Rundle Road in Bowmanville. My understanding is that a re-zoning of the property from C4-6 to C4 is required . I think this would be a fantastic opportunity to create more employment opportunities in the Bowmanville area. It would also provide a wonderful location for the consumers to purchase building materials etc Please consider the request for re-zoning to accommodate the Home Hardware flagship store. Kind Regards, Frank Cameron Barker ________________________________ THIS MESSAGE IS ONLY INTENDED FOR THE USE OF THE INTENDED RECIPIENT(S) AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, PROPRIETARY AND/OR CONFIDENTIAL. If you are not the intended recipient, you are hereby notified that any review, retransmission, dissemination, distribution, copying, conversion to hard copy or other use of this communication is strictly prohibited. If you are not the intended recipient and have received this message in error, please notify me by return e-mail and delete this message from your system. Ontario Power Generation Inc. Page 41 From:Patenaude, Lindsey To:Patenaude, Lindsey Subject:Frank Cameron Barker 2 Date:Friday, October 23, 2020 3:03:38 PM From: "Barker, Frank" <Frank.Barker@homehardware.ca> Date: September 28, 2020 at 3:10:29 PM EDT To: "rhooper@clarington.net" <rhooper@clarington.net>, "ganderson@clarington.net" <ganderson@clarington.net>, "jjones@carington.net" <jjones@carington.net>, "ctraill@clarington.net" <ctraill@clarington.net>, "mzwart@clarington.net" <mzwart@clarington.net>, "jneal@clarington.net" <jneal@clarington.net> Subject: Possible new Home Hardware store! To whom it may concern, I'm writing to you all today to express my support for the rezoning of the property at 2434 Rundle Road in Bowmanville so that a Home Hardware flagship store can be built. Now more than ever it's important to support the creation of new jobs within our community, especially for Canadian- owned companies. Not only will it help create temporary jobs while being built but it will also allow for new permanent jobs in addition to helping to support the needs of the growing community. I hope you'll consider putting your support behind this project as well. Frank Barker General Manager Home Hardware Building Center 246 King St. East Bowmanville, Ontario Mobile: 905-242-9767 Store: 905-623-3388 Page 42 From:Patenaude, Lindsey To:Patenaude, Lindsey Subject:Jack Barker Date:Friday, October 23, 2020 3:04:14 PM From: Jack Barker <jcbarker000@gmail.com> Date: September 26, 2020 at 12:16:04 PM EDT To: "rhooper@clarington.net" <rhooper@clarington.net>, "ganderson@clarington.net" <ganderson@clarington.net>, "jjones@clarington.net" <jjones@clarington.net>, "ctraill@clarington.net" <ctraill@clarington.net>, "mzwart@clarington.net" <mzwart@clarington.net>, "jneal@clarington.net" <jneal@clarington.net> Cc: "Barker, Frank" <Frank.Barker@homehardware.ca> Subject: Rezoning of the property at 2434 Rundle Rd. Hello, I am writing to you today to show my support in the possible rezoning of the property at 2434 Rundle Road in Bowmanville so that a Home Hardware flagship store can be built. During these difficult times, it is more important than ever to support Canadian-owned companies and jobs. As someone who currently shops at the Home Hardware store in Bowmanville on King Street, I personally would welcome the sight of a larger store being built. Not only will the construction of the new store bring many temporary jobs into the community but also many much needed permanent jobs once it is completed. I hope, like myself, you will consider putting your support behind this project. Thank you for your time, Jack Barker Page 43 From:Karen Grey To:Hooper, Ron; Anderson, Granville; Jones, Janice; Traill, Corinna; Zwart, Margaret; Neal, Joe Cc:Moulton, Dan; Wilcox, Jon; Barker, Frank Subject:re-zoning Date:Thursday, September 24, 2020 3:01:28 PM I'm writing to everyone today to express my support for the rezoning of property at 2434 Rundle Road, Bowmanville so that a New Home Hardware store can be built. In these trying times it is so important for us to come together as a community to support Canadian-owed companies. By allowing this rezoning this will create many temporary jobs during the construction as well as many new permanent jobs after the New Home Hardware is complete. I hope you will strongly consider putting your support behind this project! Hoping we can count on your support. Karen Grey Page 44 From:Patenaude, Lindsey To:Patenaude, Lindsey Subject:Kathleen Mcintosh Date:Friday, October 23, 2020 3:05:16 PM From: Kathleen Barker <ktbarker15@gmail.com> Date: September 24, 2020 at 1:41:07 PM EDT To: "rhooper@clarington.net" <rhooper@clarington.net>, "ganderson@clarington.net" <ganderson@clarington.net>, "jjones@clarington.net" <jjones@clarington.net>, "ctraill@clarington.net" <ctraill@clarington.net>, "mzwart@clarington.net" <mzwart@clarington.net>, "jneal@clarington.net" <jneal@clarington.net> Cc: "Barker, Frank" <Frank.Barker@homehardware.ca> Subject: New home hardware store!! To whom it may concern, I'm writing to you all today to give my support for our local Canadian owned home hardware store as we heard they are trying to build a new larger store! We would much rather shop there than at the HD and it's important to support the creation of new jobs within our community especially during this covid pandemic. Not only will it help create temporary jobs while being built but it will also allow for new permanent jobs in addition to helping to support the needs of the growing community. The bigger stire will also help them hold and offer a full assortment of items as they will now have space to keep the items in the store instead of squeezing everything into ghat tiny store. Although I hope they keep both stores Anyway I know many others feel the same and would love for our town to get Page 45 this store built Kathleen mcintosh Get Outlook for Android Page 46 From:Kim and Gord To:rhopper@clarington.net; Anderson, Granville; Jones, Janice; Traill, Corinna; Zwart, Margaret; Neal, Joe; Barker, Frank; Moulton, Dan; Wilcox, Jon Subject:Home Hardware Date:Wednesday, September 30, 2020 10:42:37 AM Please bring more jobs to the area. This locally owned Canadian company has a store here that is too small for the demand. We need a large lumber and hardware store in the area where the money stays in Ontario. Thank you, Kim Vaneyk Page 47 From:Kyle Roberts To:Hooper, Ron; Anderson, Granville; Jones, Janice; Traill, Corinna; Zwart, Margaret; Neal, Joe Cc:Moulton, Dan; Wilcox, Jon; Barker, Frank Subject:2423 Rundle Rd Date:Thursday, September 24, 2020 10:28:57 AM To Whom It May Concern, Please give due consideration to the application to allow the building of a flagship Home Hardware on Rundle Road. The opportunity will provide many jobs in the area and provide options to those who live in Courtice with a local Canadian owned business to supply us with our hardware needs. Approval of this application is good for the area and good for the economy which is in dire need of more opportunities as COVID-19 continues to have its effects on the economy as a whole. Sincerely, Kyle Roberts 51 Westmore St, Courtice, ON L1E 2H7 -- Direct: 905.424.4003 Facebook: KyleRobertsRealEstate/ Instagram: kyleroberts_realestate/ sellwithkyle@gmail.com Page 48 From:Patenaude, Lindsey To:Patenaude, Lindsey Subject:Laura Annis Date:Friday, October 23, 2020 3:07:06 PM On Sep 24, 2020, at 1:13 PM, Laura Annis <laura_annis@yahoo.ca> wrote: I'm writing to you all today to express my support for the rezoning of the property at 2434 Rundle Road in Bowmanville so that a Home Hardware flagship store can be built. Now more than ever it's important to support the creation of new jobs within our community, especially for Canadian- owned companies. Not only will it help create temporary jobs while being built but it will also allow for new permanent jobs in addition to helping to support the needs of the growing community. I hope you'll consider putting your support behind this project as well. Best, Laura Annis Page 49 From:Lisa Norton To:Hooper, Ron; Anderson, Granville; Jones, Janice; Traill, Corinna; Zwart, Margaret; Neal, Joe Cc:Barker, Frank; Wilcox, Jon; Moulton, Dan Subject:Proposed new Home Hardware Store in Bowmanville Date:Thursday, September 24, 2020 2:46:34 PM Good day, I'm writing to you all today to express my support for the rezoning of the property at 2434 Rundle Road in Bowmanville so that a Home Hardware flagship store can be built. Clarington is rapidly growing and I believe building a new store will help better serve our residents. Now more than ever it's important to support the creation of new jobs within our community, especially for Canadian-owned companies. Not only will it help create temporary jobs while being built but it will also allow for new permanent jobs in addition to helping to support the needs of the growing community. I hope you'll consider putting your support behind this project as well. Thanks! Lisa Norton Page 50 From:Meagan Moulton To:rhopper@clarington.net; Anderson, Granville; Jones, Janice; Traill, Corinna; Zwart, Margaret; Neal, Joe Subject:Support for Bowmanville Local Business Date:Sunday, September 27, 2020 10:02:31 AM Hello All, Today I am writing to you to express my support for the proposed Home Hardware Building Center in Bowmanville. During my life in the area I have seen how powerful a small, locally owned business can be for our community. By bringing jobs, and growth to our town - this project is essential for helping us recover from the economic damage of the coronavirus. I strongly encourage you to consider this project, as the only way to keep Bowmanville a great place to live is to prioritize local and family owned and operated businesses, over large US corporations. Our families need it, our workers need it, and I know our incredible agriculture community has expressed deep approval and commitment to this project as well. This way is better for employees, for families, for the agriculture community, for attracting future business owners and more. This way is better for Bowmanville. Thank you for your time. Best, Meagan Page 51 From:Rogers, Melissa To:Hooper, Ron; ganderson@clarington.ne; Jones, Janice; Traill, Corinna; Zwart, Margaret; Neal, Joe Cc:Barker, Frank; Wilcox, Jon; Moulton, Dan Subject:Fw: Supporting Bowmanville Home Hardware Building Centre Date:Friday, September 25, 2020 9:50:08 AM From: Rogers, Melissa Sent: Friday, September 25, 2020 9:41 AM Cc: Barker, Frank <Frank.Barker@homehardware.ca>; Wilcox, Jon <Jon.Wilcox@homehardware.ca>; Moulton, Dan <Dan.Moulton@homehardware.ca> Subject: supporting Bowmanville Home Hardware Building Centre I'm writing today to express my support for the rezoning of the property at 2434 Rundle Rd in Bowmanville so that a new Home Hardware Building Centre can be built. Not only will it create more jobs but it is 100% Canadian owed Company. I think a new store is a great idea and support it 100% and I hope you will as well. Sincerely, Melissa Rogers Page 52 From:dabraz1960 To:rhopper@clarington.net; Anderson, Granville; Jones, Janice; Traill, Corinna; Zwart, Margaret; Neal, Joe; Barker, Frank; Moulton, Dan; Wilcox, Jon Subject:Home Hardware expansion Date:Sunday, September 27, 2020 8:44:52 AM Please support the expansion of Home Hardware. When most businesses are struggling, having one with the interest and financial means to expand is a huge boost ensuring this business will do well. Furthermore Bowmanville needs this store expansion. We travel into Oshawa to shop at Home Hardware for a bigger selection.it would be great to be able to keep our business in Bowmaville. Patricia and Denis Brazeau Sent from my Galaxy Tab® E Page 53 From:patrick leso To:Hooper, Ron Cc:ctraill@clrington.net; Anderson, Granville; Jones, Janice; Neal, Joe; Zwart, Margaret Subject:Re Zoning. Date:Thursday, September 24, 2020 2:55:53 PM Ian writing to you all today to express my support for the zoning change for 2423 Rundle Rd. Bowmanville. This would allow for the building of a Home Hardware flagship store. Now more than ever it’s important to support the creation of new jobs within our community, especially for Canadian owned companies. Not only will it help create (150+) temporary jobs while being built, it will allow for (65+) full time jobs. In addition to helping support the needs of the growing community. I hope you will consider supporting this project as well. Thanks, Patrick Leso Bowmanville , On. Page 54 From:Paula Barker To:Hooper, Ron Cc:Barker, Frank; Moulton, Dan; Wilcox, Jon Subject:Request for Rezoning at 2423 Rundle Rd Bowmanville ON: Home Hardware Building Centre Date:Monday, September 28, 2020 11:01:48 PM Councillor Ron Hooper, I am writing to you today, to express my full endorsement of the request made by Dan and Emily Moulton, Dealer-Owner’s, Bowmanville Home Hardware Building Centre, to obtain a Zoning Order from Minister Steve Clark, Minister of Municipal Affairs, that will change the existing C4-6 to a C4 for the proposed location at 2423 Rundle Rd, Bowmanville, to support a new Home Hardware retail store. My rationale for supporting the Minister’s zoning request is noted below: 1/ The proposed Home Hardware will help to re-establish the local economy during and post Covid19 as follows: Given the current Covid19 impacts on the local economy as a result of large-scale layoffs , the potential for Home Hardware to provide a significant number of employment opportunities (65+ full-time jobs) to local unskilled workers is timely indeed. Home Hardware’s 7 day a week shift model that will provide an additional 150+ temporary jobs, has the potential to support parents who are currently having to balance their ability to earn income to support their families, with being at home during the day to support children with at-home online learning The significant volume of local community members who will be able to secure gainful employment by way of this new Home Hardware location will most certainly help to stimulate the economy throughout the current Covid19 pandemic and post- Covid19, as these local workers will be reinvesting their earnings into the local businesses (groceries, restaurants, brick and mortar high street stores) 2/ The proposed Home Hardware will have the capacity to effectively support planned and future local infrastructure projects (residential, commercial) as follows: Local trades in both the Town of Bowmanville and the Municipality of Clarington can be better serviced by a larger Home Hardware that intends to expand its product offerings and ease of access Page 55 3/ The proposed Home Hardware will support local greening initiatives as follows: Employees who live locally to the new Home Hardware location will be able to commute to and from by communal transit (reducing single car carbon emission) and those who have the ability to cycle or walk to and from will be able to reduce their carbon footprint to an even greater extent On a personal note, my brother, Frank Barker, manages the current Home Hardware location at 246 King St E, Bowmanville ON and I can assure you that his commitment to maintaining a 100% Canadian / local “look and feel” to service delivery at the new location is most genuine. In this time of economic fragility, a local business - staffed by local members of the community - working to ensure the local area prospers and continues to grow - and families can put “food on their tables” - will undoubtedly be a comfort in so many ways to so many. Sincerely, Paula Barker 416-346-2401 Paula.barker1977@gmail.com Page 56 From:Patenaude, Lindsey To:Patenaude, Lindsey Subject:FW: New Home Hardware Date:Friday, October 23, 2020 2:56:40 PM From: rhondacarr8 <rhondacarr8@gmail.com> Date: September 24, 2020 at 1:38:51 PM EDT To: "jneal@clarington.net" <jneal@clarington.net> Cc: "mzwart@clarington.net" <mzwart@clarington.net>, "ctraill@clarington.net" <ctraill@clarington.net>, "jjones@clarington.net" <jjones@clarington.net>, "ganderson@clarington.net" <ganderson@clarington.net>, "rhooper@clarington.net" <rhooper@clarington.net> Subject: New Home Hardware I'm writing to you all today to express my support for the rezoning of the property at 2434 Rundle Road in Bowmanville so that a Home Hardware flagship store can be built. Now more than ever it's important to support the creation of new jobs within our community, especially for Canadian-owned companies. Not only will it help create temporary jobs while being built but it will also allow for new permanent jobs in addition to helping to support the needs of the growing community. I hope you'll consider putting your support behind this project as well. Yours truly, Rhonda Carr Sent from my Samsung Galaxy smartphone. Page 57 From:Wilcox, Jon To:Moulton, Dan; Barker, Frank Subject:FW: Petition and Email to Grow Bowmanville Home Hardware Date:Wednesday, September 30, 2020 10:27:08 AM From: ELLROD - Rod Finney <rod@ellrod.ca>  Sent: Wednesday, September 30, 2020 10:23 AM To: rhooper@clarington.net; ganderson@clarington.net; jjones@clarington.net; ctraill@clarington.net Cc: Wilcox, Jon <Jon.Wilcox@homehardware.ca> Subject: Petition and Email to Grow Bowmanville Home Hardware Dear Respected Councillors, I would like to take an opportunity to express my support for the Home Hardware store located in Bowmanville. As one of the largest Architectural Millwork firms in Ontario, we have a large requirement for sheet goods and lumber products. We depend on many distributors to meet these requirements and Mr. Wilcox’s store is a part of that. While the majority of the distributors are located north and west of the GTA, the Bowmanville store and one additional supplier in Peterborough are the only local suppliers. A local supply chain is very important to our business in 2 key manners. The first and perhaps most obvious is the proximity to our location in Orono. The ability to obtain materials same day, or even within hours, gives us an advantage so that we can be competitive in the market. The second, is that a local supply of materials satisfies the revised LEEDv2009 component for locally sourced materials, which is critical as many clients are trying to achieve their LEED accreditation. We have been very fortunate to experience tremendous growth over the past number of years and we will need our distributor support to be able to grow as well. I hope that you find reason to overcome the zoning issues that currently hinder Mr. Wilcox’s progress in expanding his business. Thank you, Rod Finney ELL-ROD HOLDINGS INC. ARCHITECTURAL WOODWORK 19 Tamblyn Road, PO Box 339 Orono, ON L0B 1M0 t 905.683.8444 ext. 228 f 905.428.1463 c 416.936.8010 Page 58 From:sandycrabb9@gmail.com To:Hooper, Ron; Anderson, Granville; Jones, Janice; ctraill@clarinton.net Cc:Moulton, Dan; Barker, Frank Subject:New Home Hardware Date:Thursday, September 24, 2020 7:42:31 PM     Sent from Mail for Windows   Hello my name is Sandra Crabb I work at Home Hardware part time I am retired and I love my job, both my daughters were born at Bowmanville Hospital many years ago, I now live in Newcastle Ont and I love living here and I support all our local businesses. I am writing you today to consider changing the existing zoning from C4-6 to a C4 of the proposed location at Rundle Road, Bowmanville, so we can better serve our community . It would be wonderful to have a new Home Hardware adding 65+full time jobs, 150 temporary jobs and support local trades during construction also allowing 100 % Canadian and locally owned company to better serve a growing Bowmanville . Everyone is very excited about this and I hope you do consider the change, it would be a huge win win for everyone.                                                                                                                              Stay safe and well                                                                                                                                  Thank you                                                                                                                                Sandra Crabb       Page 59 From:savannah foden To:Moulton, Dan; Wilcox, Jon; rhooper@clarinton.net; Anderson, Granville; Jones, Janice; Traill, Corinna; Zwart, Margaret; Neal, Joe Subject:interest in a new opportunity Date:Tuesday, September 29, 2020 12:28:10 PM Hi my name is Savannah Foden and I am currently an employee at the Bowmanville home hardware. I am writing to you to show a further interest in the idea of opening a bigger store. I believe it would be an amazing opportunity and addition to the community because it would allow for many more job openings which would allow to hire more committed people into the home hardware family. Having another location that is bigger but also close by will also allow more people to shop locally Canadian at the convenience of not having to travel as far from home. Thank you for your careful consideration. sincerly, Savannah Foden Page 60 From:Patenaude, Lindsey To:Patenaude, Lindsey Subject:Shane Austin Date:Friday, October 23, 2020 2:59:20 PM From: Shane Austin <s_austin006@icloud.com> Date: September 24, 2020 at 1:45:17 PM EDT Cc: "Barker, Frank" <Frank.Barker@homehardware.ca> Subject: Rezoning 2434 Rundle Road. To The Municipality of Clarington Council I would like the thank you for taking the time read my email. I am currently a Part time employee at the home Hardware in bowmanville and strongly encourage you to consider the approval of rezoning the property at 2434 Rundle Road in Bowmanville. A new flag ship store owned by a local family will have significant positive impact in supporting the creation of new jobs within our community, especially for Canadian- owned companies. Not only will it help create temporary jobs while being built but it will also allow for new permanent jobs in addition to helping support the needs of the growing community. We look forward to your support Kind regards Shane Austin Page 61 From:Adam Cranley To:Moulton, Dan; Wilcox, Jon; rhooper@clarinton.net; Anderson, Granville; Jones, Janice; Traill, Corinna; Zwart, Margaret; Neal, Joe Subject:Support for new Bowmanville HHBC site Date:Tuesday, September 29, 2020 2:24:16 PM Dear Councillors, I am writing you today to express my support for the new Bowmanville HHBC site at 2423 Rundle Road. My company, Beacon Heights Business Solutions (located in Newcastle), does a significant amount of accounting work for Dan & Emily Moulton’s 7 stores. Their growth outside of our community has helped to fuel the growth of my own business. I now have two employees. The proposed opening of a new store will further help my business grow. This new store will be good for Bowmanville. Please stand with a local business owner and help us bring jobs to Clarington. Thank you for your consideration. Sincerely, Adam Cranley Beacon Heights Business Solutions 289.404.2286   Page 62 From:Patenaude, Lindsey To:Patenaude, Lindsey Subject:Brad Bridger Date:Friday, October 23, 2020 3:00:56 PM From: brad bridger <bcdhomes@hotmail.com> Date: September 24, 2020 at 1:44:12 PM EDT To: "rhopper@clarington.net" <rhopper@clarington.net>, "ganderson@clarington.net" <ganderson@clarington.net>, "jjones@clarington.net" <jjones@clarington.net>, "ctraill@clarington.net" <ctraill@clarington.net>, "mzwart@clarington.net" <mzwart@clarington.net>, "jneal@clarington.net" <jneal@clarington.net>, "Barker, Frank" <Frank.Barker@homehardware.ca> Subject: Home Hardware Dear councillors, I'm writing today to ask for the support of the new proposed Home Hardware store at 2434 Rundle rd. Home Hardware has been a staple for my business and many others. In these competitive, economic times it is imperative for Canadian business to grow and expand. As a Canadian I do implore you to please aid in this development of Canadian businesses as in turn they will help strengthen our communities. Thank you for your time. Best regards, Brad Bridger General Contractor BCD Custom Renovations Where design and function meet (416)476-8132 * I apologize if my reply is delayed, I'm normally holding a drill rather than a phone Below is a facebook link to some of my after photos https://www.facebook.com/bcdcustomrenovations/photos_stream Page 63 From:Braeden Evans To:Barker, Frank; Moulton, Dan; Wilcox, Jon; Hooper, Ron; Anderson, Granville; Jones, Janice; Traill, Corinna; Zwart, Margaret; Neal, Joe Subject:New store Date:Monday, September 28, 2020 1:03:50 PM To whom it may concern, I am writing you all today to express my support for the re-zoning of the property at 2434 Rundle Road so that a Home Hardware may be built. The construction of the store would bring new jobs and services to the community which I am 100% in support of. A Canadian owned business such as this one will benefit our community for future generations to come. Sincerely, Braeden Page 64 From:BUDDY FISHER To:Traill, Corinna; Neal, Joe; Anderson, Granville; Zwart, Margaret; Jones, Janice; Hooper, Ron Cc:Moulton, Dan; Wilcox, Jon; Barker, Frank Subject:New Bowmanville Home Hardware store Date:Thursday, September 24, 2020 5:14:12 PM In writing to you today I'm hoping that you can help with any hurdles that a CANADIAN company named Bowmanville Home Hardware Building Centre might be up against . A CANADIAN company trying to open a new larger store that will employ many new jobs to CANADIANS at a time when it seems that large American companies are closing ( RONA / LOWES / GM ) and a lot of CANADIANS losing their jobs . Think of how many CANADIANS this could effect with long term employment let alone employment to build the store . It would also give CANADIANS another chance to shop CANADIAN . It would be a huge boost to the economy in this area that is much needed at this time . Please help in any way possible to make them successful in doing this . Thank you for taking time to read this. Yours Truly Buddy Fisher Page 65 Page 66 From:Moulton, Dan To:Wirch, Paul; ClerksDepartment@clarington.net Subject:FW: 2501 Rundle Rd owner. Hi again Paul – here’s another e-mail. This is from a home owner directly across HWY 2 from the site. He’s for the project. Please include his feedback in your report for the public record. Please confirm receipt of this e-mail. Thanks, Dan Moulton 226-230-3410 From: Andy Visser Sr <b1vxjc@outlook.com> Sent: October 10, 2020 10:02 AM To: Moulton, Dan <Dan.Moulton@homehardware.ca> Subject: 2501 Rundle Rd owner. Hi Dan, Andy Visser. I have the house on the N/E corner of Rundle Road, Bowmanville. My daughter-in-law said you had been by a couple times to talk to me. I really have no issues with your development...is just growth of the area. Growth is good. It has become a busy highway since I moved here. And I would guess, they would install traffic lights here, when your project is completed. And that would definitely help me get onto the highway. If you'd like to chat or text, 905-213-2500. Sent from Rogers Yahoo Mail on Android Page 67 Page 68 Council Members: We are in support of this development and the Home Hardware is a good choice for our community. We do not want this to be forgotten. I am a local business owner at Absolute Equestrian and stand in absolute support of Dan and this project. I call on town council to support it as well. Best, Cindy Page 69 To Clarington Council: I am writing to you today to express my utmost support for the proposed Home Hardware project in Bowmanville on Rundle Road. I am thrilled to be hearing of a business doing so well in our community that they need to expand to serve us better! This is exactly where I want to see Durham region grow – and I know that our council feels the same way. This project needs our support because it means more jobs for our community and better options for our community – all from a locally owned and operated family businesses. There truly is no better option for our community. Especially during these unprecedented times of economic uncertainty, supporting local businesses is of critical importance. This project will be here for the long term, servicing residents, farmers, and local businesses alike. Our community will be best served with the approval of this project, and so today - I urge you all to support it. Thank you, Tyson Andringa Page 70 To Whom It May Concern: I am a big supporter of locally run, family owned businesses. They are the backbone of small communities in Ontario like our own. That is why I am writing to you today to call on our council to show their support by approving the project for Home Hardware on Rundle Road. We as a community pride ourselves on being a community that stands up and supports each other. During these tough times, there is no better reason to stand up and support Home Hardware. This project is going to provide jobs for those who have lost them, and stimulate the much needed economic growth our town needs following so much loss over the years. Now is the time to stand up and support a locally owned and operated business like Home Hardware. We have this choice before us today, and if we continue to say no to businesses like this – we aren’t going to have any left coming to our community. For these reasons, I urge you today to support this great project. Best, Kyle Roberts Page 71 Councillors: Today I am writing to call on you to support the Home Hardware Expansion project. This project will mean more jobs, better service and a better quality community. I have spoken to many friends and neighbors and we are all so excited about the prospect of having a great business like that so close to home on this end of town. Dan and his team have done the work by canvassing all the families who live near the proposed site, and we told him loud and clear – we support the project! There is clear widespread support for this family owned, locally operated, fully Canadian business. It is clear that as a community we support the project, and of course want our council to support it to. Thank you, Kathleen Barker Page 72 To Town Council: I am writing to you today to convey call to action for support for the Rundle Road project. I urge you to support this project, as Dan Moulton and his Home Hardware team represent everything our community values. As a fully Canadian, locally owned and operated business – they value customer service, loyalty, attention to detail and giving back to the communities they operate in. They are EXACTLY the type of growth we need to support and facilitate in our community! Voting no to this project is voting yes to U.S. owned and operated businesses that suck money out of our communities, don’t give back a penny and do not offer any support to our community. Our community has spoken clearly that we want this project because it benefits us all! Stand with us as a community today and support this project. Thank you for your time, Brad Bridger Page 73 To Our Clarington Councillors: Over the last number of weeks I have spoken with so many people who support the project on Rundle Road for many different reasons. Many of those reasons I am sure have been presented to you already, but I want to bring to everyone’s attention the work Dan Moulton and his team have committed to doing for planting trees. I have spoken with Dan directly regarding his commitment for planting two trees for every one tree that is removed on the property. He has repeated this commitment in the signed petition and on social media. This commitment shows Dan’s approach to investing in the communities his stores are in. It is clear that this business heard our concerns and took direct action. For this reason, I call on our town council to support this great proposal. Voting yes to this project is voting yes to a responsible, long term focused, community business – and I call on council to do so today! Regards, Jamie Page 74 To Clarington Council: I am writing to you today to represent my community of Durham, and stand in support of the Home Hard expansion project. Covid-19 has been an absolutely heart-breaking shock to local businesses everywhere. Now more than ever it is CRUCIAL to support our home grown, local, family run businesses. These are the businesses that give back to our community, offer unparalleled service, and are here with a long-term view to seeing Durham region grow. Voting no to this project is choosing to reject all of those amazing things for our community and I truly cannot see our council choosing to do that today, and that is why I am here writing in support of this project. It is time to prioritize local business, and ensure our community continues to thrive in a post covid world. Thank you, Frank McGillan Page 75 To Whom It May Concern: I am writing to you today to urge you to support the expansion project on Rundle Road. This project represents growth, support, and an exciting future for our town. Today – the council has a very important decision to make: Council can stand to support that type of community business or not. It is as simple as that. As a community member who wants to see our community grow, stand up for each other, and encourage loyal local business, I am calling on town council to support this project. It is proven that these locally run businesses are what’s best for our community. They are loyal, long term focused, and give back to the communities they operate in. Voting yes to this Home Hardware project means all of these things for our community, and for these reasons I urge the entire council to vote yes. Best, Grant McIntosh Page 76 Councillors: Job creation has never been more paramount a purpose of this town council. Our community has experienced job losses over and over again since the departure of GM. We NEED our council to stand up for us, for our jobs, and for our families. Today, the Rundle Road Home Hardware represents that choice. Supporting this project is supporting families in need of jobs, stability, and growth. I have spoken to friends in our community and hear more and more people who have lost their jobs, and are struggling to make ends meet. If the purpose of town council is to support our community, then I see no better way than to support a local business that wants to bring jobs, support, and stability to our community. I urge you to support this project. Thank you, Pauline Frenette Page 77 To Town Council: As a proud resident, I am proud of our community’s heart and history for agriculture. Farmers are the backbone of our community. As farming as progressed, we must do everything to keep Clarington known for its great farmers! I see supporting this Home Hardware project as just that. I know that Home Hardware does an amazing job supplying our farmers with what they need to succeed at the right cost. Shutting down this project means our famers will have to turn to Home Depot and Walmart – US corporations who suck all the life out of our community and give nothing back. This is not what we as a community want, and it should not be what town council wants. Supporting this project is supporting our farmers. Vote yes. Best, Todd Fitzgerald Page 78 To Our Clarington Councillors: I call on you to support the Home Hardware project that is proposed to go in on Rundle Road. This project means more jobs for the community, and is a clear sign that our community and economy is growing. The home hardware store on King St. is a great store – the shopping experience is kind, loyal and reliable. It is an amazing sign to hear that this team wants to expand to serve our community better. Saying no to this project is rejecting a business that has come into our community, provided jobs, and grown with us. Dan Moulton and his team want the opportunity to continue to grow with us, to provide us jobs, and better service. I urge you to give Dan Moulton and his team this opportunity by voting yes! There really is no better way to have our community continue to grow. Thank you, Alex Cowman Page 79 To Clarington Council: I am writing you to today with a simple ask. Please bring more jobs to the area. Our existing Home Hardware is great, but it is simply too small a store for the demand. We need a large lumber and hardware store in the area. It is a NEED not a want. So choosing to support this project is saying yes to ensuring the hardware store that comes into our community is locally owned and operated. Choosing Home Hardware means the money stays in our community. There is no better choice. I urge you to vote yes to this project. Our community needs it. Thank you, Pauline Barker Page 80 To Whom It May Concern: I am writing to you today to call on you to support the Home Hardware project. The current Home Hardware location is not large enough to support the growing demand in our community. I know our community is in need of more jobs, but also more supply to meet the needs of our farmers and tradesmen. The proposed Home Hardware will have the capacity to more effectively support necessary trades repairs as well as infrastructure projects. These projects are needed to ensure our area keeps up both residentially and commercially. All local trades will benefit from having more product offerings, ease of access and better service. Growth in our community depends on you voting yes to this project. Thank you for your time and consideration. Larry Luxton Page 81 Dear Councillors: I am writing to you today to show my support in the possible rezoning of the property at 2434 Rundle Road in Bowmanville so that a Home Hardware flagship store can be built. During these difficult times, it is more important than ever to support Canadian-owned companies and jobs. Our business relies on the Home Hardware store in Bowmanville on King Street to maintain a competitive edge as they are one of our largest suppliers. Their ability to maintain stock levels and competitive pricing is vital to the survival of our business. I personally would welcome the sight of a larger store being built. It will bring much needed competition and a level of service that this community lacks. I hope, like us and our company, you will consider putting your support behind this project. Thank you for your time, Ray & Lucas Jeffery Jeffery Homes Page 82 Councillors: I strongly suggest you consider re-zoning the necessary land to support the Rundle Road Home Hardware project. I was originally concerned with why Dan Moulton and his team could not use existing retail space such as Target (which has sat abandoned for a very long time). But, I spoke with Dan and he explained how they have looked for land for years, and spoken with landlord’s like Target who want them to pay an unreasonable price. That is the proof that we need to support this project. When we support large US companies instead – they come into our area, shut down, and then won’t even offer a reasonable price to fill their space! It shows you just how little they care about the community. To contrast, here before us we have an amazing young business owner who wants to continue growing and giving back to the community. That businessman is Dan Moulton. I urge you to support him and his efforts in this project. Kind Regards, Ryan Galpin Page 83 To Town Council: I am writing to express how important it is our council support the expansion of Home Hardware. When most businesses are struggling to stay afloat, we have the opportunity to have one with the means and want to expand in our community! This business has proved themselves already in Bowmanville as a business that provides great service, will continue to grow, provide jobs and give back to our community. There is no better type of business to support in our community. This business has proven themselves and are now asking for our support in taking the next step of growth – it is clear that this growth is what our community wants and needs. For these reasons, please support the project. Sincerely, Scott Armstrong Owner LifeCare Centres Page 84 To Our Clarington Councillors: I hope we can count on your support to approve the re-zoning of the land needed for a new Home Hardware in our community. I have spoken with countless friends, family and neighbors. We want jobs! We want growth! We want locally owned business! We want you to vote YES to this project because it is voting yes to all those things. It is clear from the widespread support that voting yes to this project is what is right for our community. Please do not let us down. Thank you, Tim Whittaker Page 85 To Clarington Council: I am writing to you today to call on you to support the project at 2423 Rundle Road. Our community is growing and needs a bigger hardware store to support our needs. Home Hardware is the right option. It is Canadian and locally owned. It is owned and operated by Dan Moulton who has proven that he will give back to the community in many ways. He wants to bring 150+ jobs to the area, offer better service, and show even further commitment by planting two trees through Tree Canada for every tree they need to remove. This type of commitment to our community is what we need in our business owners. Dan is this type of business owner. We need to approve this project and get Dan and his team to work on a bigger and better store for our community! Vote yes! Thanks in advance. Barry Picov Picov Farms Page 86 To Whom It May Concern: The Home Hardware expansion project means more jobs and growth for our families. Our families who are struggling need it. Vote yes to this project because it supports our town in a way we need it more than ever. I hope I can count on your support to bring money, opportunity, and growth to our community. There is no better a way to support us than saying YES to this project. Home Hardware expansion relies on you voting yes today. Thank you. I know that I can count on you. Matt Hill Page 87 Councillors: I am writing as a resident who wants more shopping options. I know this store on Rundle Road will mean new jobs, and that is very important to many of the people I have spoken to. Of course I agree with that, but I also just want more choice! The current store on King Street always has great and kind staff – but I want more choice. I want a store that is closer, bigger and better. Clearly others in our community want it to because Dan Moulton and his team have proven how successful the store would be, and have garnered such wide community support. It is clear our community wants this project to be approved! That means our council needs to approve it! The answer is clear. Thanks, Chris Selby Page 88 Dear Councillors, In speaking with the team at Bowmanville Home Hardware Building Centre, I understand they are looking to build an additional store across town. I was concerned because the store on the east side of town drives traffic to other businesses in the area, and thought they might shut it down. They assured me that this business would indeed remain open and that they have some exciting goals to develop that land as well. In my view, there is no downside to building another store on the other side of town. We are considerably underserved in hardware and lumber retailers in Bowmanville. Most of us drive to Oshawa or Whitby for more choice, and unfortunately, those choices are pretty much limited to Home Depot and Lowe's - 2 huge American companies. Those two companies have restrictions on where they can source products - often not supporting other Canadian companies. Furthermore, this could potentially bring much needed infrastructure and services west of Maple Grove. Simply put, we need this expansion in this county. Thank you for your consideration. Brandon MacGregor Page 89 Dear Councillors, I strongly suggest you reconsider the C4-6 zoning on the Rundle rd property for Bowmanville Home Hardware. This business is ready to grow now. I appreciate that you want distinguished communities in Clarington, separated by green space, but that ship sailed when the province passed plans to extend the 407 and 418 through our county. All you are accomplishing by preventing Home Hardware from moving into this property now is delaying growth to this area. Growth that will likely include multinational, big box stores as we have seen in recent development around Home Depot, Target, Canadian Tire, etc, for when services are available there, they will be the only companies with the capital to afford purchase. Home Hardware has a unique opportunity to build a business while property values are still reasonable! Support the local business. They are the last Canadian hardware retailer in the area. If they go, so will the small-town feeling that you are trying to protect. Sincerely, Sam Davies Page 90 Melissa Rogers Councillors: Thank you for taking the time to discuss this important subject. My name is Melissa Rogers, I am a long term resident of Bowmanville and currently work at Bowmanville Home Hardware. Building a new store on Rundle Road will give our team opportunity for career growth, and give many more people the opportunity to be gainfully employed by a great company. A new store would be much updated and more current, and it would benefit a lot of people. In speaking with my friends and family in the area, they are really excited about the potential of getting more choice for their renovations. For this reason, and those stated earlier, I am in support of this project. - 59 jackman rd unit 15 bowman l1c 4v5 - 905-432-4791 - Melissa.rogers@homehardware.ca Page 91 Lisa Norton Hi Councillors, My name is Lisa Norton, I have worked at Home Hardware for a number of years now. I am in support of this proposal. I enjoy where I work and I’m excited that this would give our team more opportunities to grow. Right now we are so restricted because of our size and it prevents some of us who have been here for a while from moving up in our careers. It would also give people looking for entry level work opportunities. Students, seniors, retail associates, there’s lots of opportunity in a new store. We would need help serving customers, maintaining store standards, stock shelves, helping homeowners resolve issues. Often our customers need something for an emergency they are facing at home, and because of our small assortment of material, we cannot help them. With a bigger store, we would have more job opportunities, and be able to serve our customers to a level they expect. - 10 king ave e Newcastle, on l1b 1h6 - 905-449-9050 - lisanorton@live.ca Page 92 Daniel Honour To Whom it May Concern: My name is Daniel and I work in the yard and coordinate deliveries at Bowmanville Home Hardware. The big thing that a new store would do for us would be providing convenience for our staff and contractors. Right now, we are operating out of an off-site warehouse and it can be confusing at times on tracking product. Sometimes we have to send our customers to the off-site warehouse to pick up materials because we don’t have the space at the store and then they can become frustrated. The fact that this can all be streamlined and made easy with a bigger store would mean a lot to us. The property at Rundle road is big enough, it would be easier to get in and out of for trucks and contractors. It would also be much safer than other sites and that is why I am supporting this proposal. - 109 cove rd bowman l1c 5z8 - 905-243-9014 - Danielhonour98@gmail.com Page 93 Pat Leso Dear Councillors, Mr. Chair: Thank you again for your time to hear our interest in building a new Home Hardware at Rundle Rd and Highway 2 in Bowmanville. This property would be perfect for our operations. It would have ample parking. Plenty more space for loading and unloading of vehicles. And it would be so convenient for our contractors and staff. There is a major safety component that this site offers that some of the other options in town do not provide. The site plan is physically appealing for local residents, but also operationally sound. An indoor/outdoor lumber yard requires a unique layout and size that other sites in Clarington simply do not offer and that is why I am supporting this proposal. - 9330 king st e bowman l1c 6h9 - Patleso62@GMAIL.OM - 416-717-4192 Page 94 Dean Palazzo To Whom it May Concern, Thank you for bringing forth this proposal this evening. I am in support of the project to build a new Home Hardware at the corner of Rundle Rd and Highway 2 because it has the potential to do great things for the community and bring more jobs to the area. The size of store would give customers and local residents more choice. It would make everyone’s life easier, both customers and staff. The 418 is right there and this property is perfectly located between Clarington’s largest markets in Bowmanville and Courtice. If the goal is to keep more business in Clarington, then I don’t see how this project doesn’t help achieve that. It would keep people from driving to Oshawa or Whitby to get what they need, and might actually bring more people to the area to shop and spend their money at other local businesses. The location fits in perfectly with the green houses and orchards as Home Hardware supplies a lot of farmers. The design is tasteful and won’t take away from the area. And it’s a local business, alongside other local businesses. For these reasons, I support building a new Home Hardware at Highway 2 and Rundle Rd. Thank you. - 62 telegraph dr whitby l1p1s3 - deanpal@outlook.com - 647-675-2892 Page 95 Karen Gray Councillors: Thank you for your time and effort on the request to rezone 2423 Rundle Rd. Also thank you to the various departments for all of their hard work in submitting the reports. I am in support of the new Home Hardware at Highway 2 and Rundle Rd. I am an employee of Home Hardware and have worked at various retailers over my career. I chose to work at Home Hardware and commute from Oshawa because the team is friendly and courteous. We provide a level of service and expertise that is hard to find in today’s world. And we care. We care about our customers, we care about each other, and we care about our communities. A larger store would allow us to provide better service. being able to stock more and have what the customer wants instead of having to special order everything would make life so much more convenient. We want people to have the ability to shop in our store. That way they don’t have to come here and leave and go to another location to get what they need. The new location is a great location, because you are in between everything - Courtice is right there, you don’t have to go all the way into Bowmanville if you don’t have to. And you don’t have to travel to north Oshawa or come all the way into town to get to a lumber yard. I don’t mean to speak ill of our competition, but we always get complaints from our guests about their experiences at other renovation retailers in town, but they have no choice but to go back because there is not enough competition. I support the initiative to build a new Home Hardware at Highway 2 and Rundle Rd. Thank you. - 448 sedan cres, Oshawa L1H 3G3 - Karen_grey01@hotmail.com - 289-939-9134 Page 96 Buddy Fisher Dear Councillors and Mr. Chair, Thank you for the opportunity to speak on the proposal to build a Home Hardware at Highway 2 and Rundle Rd. My name is Buddy Fisher and I am an employee of Bowmanville Home Hardware. Its hard to put into words what a new store could do for the area. We would be able to service clients a lot better. The big thing I think would be the job aspect of it. In this economy with people in the Bowmanville Oshawa area, so many people have lost jobs because of all the businesses that have closed. Why would you not want to employ all these people. The opportunity for employment is the big thing here, especially when big box stores are taking their money and heading south. But here’s a company that wants to open up a store in Canada, why wouldn’t you want that? Look at the residential building happening in the area. There’s clearly a need for this. More competition in Lumber and Building Materials is needed and that’s why I support building a new Home Hardware in Bowmanville at Rundle Rd and Highway 2. - 232 verdun rd, Oshawa L1h 6t2 - Buddy.fisher@homehardware.ca - 905-242-6145 Page 97 Savannah Foden & Riley Foden Hi Councillors: My name is Savannah and I am a student and also involved in lots of co-curriculars in Clarington. I work part time at Bowmanville Home Hardware and so does my brother Riley. Home Hardware has given us both the opportunity to get work experience and learn about what makes a great work environment and what we are looking for as we grow in our careers. It’s really encouraging having an employer who will work around our busy schedules and get us the hours we need to pay for our co-curricular activities. We manage to fit in school, training, and work because Home Hardware gives us flexibility. They are a great company to work for. - 119 allworth cres, bowman l1c 0b3 - mauythaigirl@hotmail.ca - 289-356-6402 Page 98 Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: October 26, 2020 Report Number: PSD-042-20 Submitted By: Faye Langmaid, Acting Director of Planning and Development Reviewed By: Andrew C. Allison, CAO Resolution#: File Number: PL 1817-010-040-03910 By-law Number: Report Subject: Request for Minister’s Zoning Order at 2423 Rundle Road Recommendations: 1. That Report PSD-042-20 be received; 2. That the Region of Durham be asked whether they would support a Minister’s Zoning Order for 2423 Rundle Road; 3. That the Durham Regional Planning and Economic Development Department and the Ministry of Municipal Affairs and Housing be forwarded a copy of Report PSD-042-20 and Council’s decision; and 4. That all interested parties listed in Report PSD-042-20 and any delegations be advised of Council’s decision. Page 99 Municipality of Clarington Page 2 Report PSD-042-20 1. Background Summary 1.1 The proponent chose 2423 Rundle Road as the location for a new Home Hardware store. A Pre-consultation Meeting was held on February 6, 2020, at which time it was identified to the proponent that their proposal did not conform with the Provincial Growth Plan, the Durham Regional Official Plan, the Clarington Official Plan, the current Zoning By-law nor the proposed rural zoning by-law. A list of requirements were provided to proceed with the first application, a Regional Official Plan amendment. 1.2 On October 5, 2020, the proponent requested that Council pass a resolution of support for a proposed Minister’s Zoning Order to permit a building supply outlet. A Minister’s Zoning Order is a rarely used tool of the Province to create zoning permission for a matter of provincial interest. A Minister’s Zoning Order prevails over a municipal zoning by-law. During the meeting on October 5, resolution #PD-137-20 was passed: That the foregoing Resolution #PD-136-20 be referred to the next Regular Planning and Development Committee meeting dated October 26, 2020 for a public meeting; and That all residents, within a one kilometre radius of the subject land, be notified of the public meeting. 1.3 The public notice (Attachment 1) of the October 26, 2020, public meeting was sent by mail to all 231 property owners within one kilometre of the subject site. In addition, the Municipality also placed a notice in both local newspapers for the two weeks preceding the public meeting. Report Overview Council has been asked to pass a resolution of support for a proposed Minister’s Zoning Order that would create a “Special Purpose Commercial (C4) Zone” at 2423 Rundle Road. The effect of this change would be to permit a building supply outlet. At Council’s request, notice of this proposal has been sent to all property owners within one kilometre of the subject site. Provincial policy, along with Regional and local Official Plan policies direct new development to locate within urban areas on full municipal services. These policies further reinforce th e rural area as appropriate for agricultural uses and natural heritage preservation. The proposed commercial use does not conform with these policies. Page 100 Municipality of Clarington Page 3 Report PSD-042-20 2. Context and History Behind the Current Request 2.1 The owners of the Home Hardware Building Centre dealership located at 246 King Street East in Bowmanville (Figure 1) have asked Council to support their proposal for a Minister’s Zoning Order. The owners assert that the existing Bowmanville 0.54 Ha site does not offer their business any room to expand. The owner states that in order to be competitive in the Bowmanville marketspace, they need to operate on a larger scale. Figure 1: Home Hardware Building Centre – 246 King Street East, Bowmanville 2.2 At the Planning & Development Committee meeting on October 5, 2020, the proponent described the search for a location for a new store, which began in 2017. After investigating several different locations, mainly in Bowmanville, the proponent selected 2423 Rundle Road (subject site) as the location that he would pursue. Other locations explored included the Durham Auto Planet site (while it was a shuttered Rona store), the former Target store at Clarington Centre and several industrial locations in Bowmanville and Orono. The subject site (Figure 2) is located at the southeast corner of Regional Highway 2 and Rundle Road between Courtice and Bowmanville. Page 101 Municipality of Clarington Page 4 Report PSD-042-20 Figure 2: Subject Site at 2423 Rundle Road 2.3 At the PDC committee meeting, the proponent confirmed that, if successful in opening a new store on the subject site, the existing Home Hardware location at 246 King Street East would be rebuilt to include a modern Home Hardware store with residential units above. The plan would be to operate two stores serving Bowmanville and the surrounding area, with the new location being the main store and 246 King Street East being the secondary location. Discussions with the owner of the Bowmanville Home Hardware 2.4 As part of their site investigations, the proponent contacted the Clarington Board of Trade and Economic Development (CBOT ). CBOT’s Economic Development staff have worked with the owners of Home Hardware to help identify opportunities and challenges for several properties. This specific proposal was not discussed or voted on at any of CBOT’s Board meetings. To respect the process and confidentiality it is the practice of CBOT’s Board not to vote on matters concerning individual projects as they move through the development process. Page 102 Municipality of Clarington Page 5 Report PSD-042-20 2.5 After deciding to pursue the Rundle Road property for a new Home Hardware location, the proponent approached the Planning and Development Services Department at the end of 2019. In keeping with the municipal approvals process, a concept plan (Figure 3) was prepared in advance of a Pre-consultation Meeting with Municipal staff and agencies to review development requirements. 2.6 The Pre-consultation Meeting was held on February 6, 2020, at which time it was identified to the proponent that their proposal did not conform with Provincial Growth Plan, the Durham Regional Official Plan, the Clarington Official Plan, the current Zoning By-law nor the proposed rural zoning by-law. 2.7 For their proposal to proceed, the proponent was told that they would first need to submit and receive approval for a Regional Official Plan Amendment. The Region advised the proponent that it was unlikely that Regional Staff would support this application due to the level of conflict with Provincial, Regional and local planning policy. 2.8 The proponent was further advised that a second Pre-consultation Meeting would be required in the future to address the more specific requirements of a Clarington Official Plan amendment, Zoning By-law amendment and Site Plan Approval. This meeting would come only if the aforementioned Regional Official Plan amendment application were approved. An informational meeting could be held at any time in the process, as may be warranted. 2.9 In order to move forward with the Durham Region Official Plan amendment application, the proponent was provided with a list of the initial technical reports that are needed to investigate the potential impacts from this proposal. These initial reports included:  Environmental Impact Study;  Hydrological / Hydrogeological Report; and  Planning Justification Report. 2.10 Further reports, like a Traffic Impact Study, would be required for the subsequent applications to amend the Clarington Official Plan and the Zoning By-law. Page 103 Municipality of Clarington Page 6 Report PSD-042-20 Figure 3: Visualization of the concept plan submitted for the Pre-consultation Meeting (Includes the road widening dedication requirements and the boundaries of Environmental Protection designation) Page 104 Municipality of Clarington Page 7 Report PSD-042-20 Request for a Minister’s Zoning Order 2.11 Instead of preparing the required Planning Act applications and related studies as other members of the public or development community would have done, the proponent chose to explore the idea of requesting a Minister’s Zoning Order to receive zoning approval. A MZO bypasses the required regional and local public planning review and approvals process. 2.12 The proponent appeared as a delegation at the Planning and Development Committee on October 5, 2020, requesting Municipal support for a proposed Minister’s Zoning Order. 2.13 The proponent has stated that they are required to waive conditions of purchase on the Rundle Road property by November 1, 2020. 2.14 Staff at the Ministry of Municipal Affairs and Housing have not contacted Clarington or Regional staff for information on this proposal. 3. Minister’s Zoning Order 3.1 In the Province of Ontario, the Planning Act gives the Minister of Municipal Affairs and Housing the authority to zone any property in the province. Zoning orders are rarely used where a municipality has existing zoning by-laws, but they can be used to protect a provincial interest. A Minister’s Zoning Order prevails over a municipal zoning by-law to the extent of a conflict. The municipal zoning by-law remains in effect in all other respects. The Minister’s Zoning Order does not have to be in conformity with Regional and local Official Plans. 3.2 The approval of a Minister’s Zoning Order only provides zoning approval of a property. It does not preclude anyone from complying with all other development requirements such as:  Road widenings;  Infrastructure and servicing requirements;  Protection of the natural heritage system;  Dedication of hazard lands;  Provision of parkland or payment-in-lieu; and  Payment of development charges. Page 105 Municipality of Clarington Page 8 Report PSD-042-20 3.3 A Minister’s Zoning Order has only been used once before in Clarington. In October of 2019, Clarington Council submitted a request on behalf of Durham Christian Homes for a Minister’s Zoning Order for lands being donated to the not-for-profit LongTerm Care Operator. It was also supported by Regional Council. This successful request led to the rezoning of land on the west side of Boswell Drive to permit a 224-bed, long-term care facility. 3.4 In the case of Durham Christian Homes, the reason for supporting the Minister’s Zoning Order was as follows:  The acute public need for long-term care beds in the community;  The donated lands for the new facility were located adjacent to the Bowmanville Urban boundary where municipal services were already available; and  The proposal represented sequential development (concentric growth outward from existing development), not “leapfrogging”, which is a key principle of good planning. 4. Zoning History of the Subject Site Creation of the commercial zone 4.1 An application for a Regional Official Plan amendment for the subject property was submitted on December 14, 1977. It was adopted by Regional Council on October 4, 1978 and approved by the Ministry of Housing on December 18, 1978. After the approval of the Regional Official plan amendment, the Town of Newcastle Council rezoned the subject property in 1979 to permit a convenience retail store and / or a take-out restaurant with ancillary eating area. 4.2 In 1984, a new zoning by-law was created for all of Clarington that replaced the previous zoning by-laws that were in effect at the time. Within Zoning By-law 84-63, the subject site was zoned to permit an eat-in establishment (restaurant) only. Anticipated removal of the commercial zone 4.3 By January of 1996, no Site Plan application had been submitted to develop the site which remained vacant. Planning Report PD-14-96 identified that the commercial use, which had previously been permitted in 1978, was contrary to the policies of the recommended 1996 Clarington Official Plan. 4.4 The report went on to state a commercial use on this property would degrade the character of this rural area and reduce the preservation of the urban separator between Courtice and Bowmanville. Staff recommended that the original approval for a commercial use, granted in the Regional Official Plan, be repealed. Page 106 Municipality of Clarington Page 9 Report PSD-042-20 4.5 When Clarington adopted their new Official Plan in 1996 no commercial designation was given to the subject property. Instead, it was designated “Green Space”. It was acknowledged in Planning Report PD-69-96 that the property contained existing zoning rights for a restaurant. However, it also stated that those rights would inevitably be eliminated once the comprehensive zoning by-law was amended to conform with the new Official Plan. 4.6 As part of the ZONE Clarington project, the subject site is proposed to be rezoned to “Environmental Protection” and “Agricultural”. A restaurant would not be permitted in either of these two zones. 5. Public Notice 5.1 While this is not a statutory public meeting, as no application has been received, notice was maiedl to all property owners within one kilometre of the subject site and was mailed out 18 days prior to the public meeting. No public notice sign was posted on the property, however notice was placed by the Municipality in both local newspapers the two weeks preceding the public meeting. 5.2 At the time of writing this report, staff had been contacted by several members of the public. Additional comments from the public are expected to be received after the report has been finalized. The following sections offer a summary of the comments that were received. Comments in Support of Proposal 5.3 Five members of the public contacted staff to express their support for the proposal. The comments of support highlighted that a new and expanded Home Hardware would create jobs and bring growth to the community. Several comments mentioned their support for a Canadian company. Page 107 Municipality of Clarington Page 10 Report PSD-042-20 Neutral Comments received 5.4 One resident called requesting more information as a result of door-to-door canvasing efforts on behalf of the proponent. The resident was glad to know that more information, in the form of the public notice, was being sent by mail. 5.5 A local business owner contacted staff to share their mixed views. They are supportive of more business in the area as well as the municipal services that may be extended as part of that development. However, they expressed concern that all businesses should be held to the same standards. They hope that the Minister’s Zoning Order will not exempt the proponent from the servicing and development requirements required of other rural businesses. Comments Opposed to the Proposal 5.6 Seven members of the public contacted staff to express their opposition to the proposal. Many of the comments received were concerned that a proposal was being considered that contravened so many policies. There was also concern about the impact of development on the wells of surrounding properties. 5.7 One resident contacted the Municipality as a result of door-to-door canvasing efforts on behalf of the proponent. The resident expressed concern that neighbours were receiving different information. The resident went on to describe that she f elt harassed by the canvassers when she did not express support for the proposal. 5.8 A commercial landlord in Courtice and Bowmanville contacted staff to express their opposition to this proposal stating the proposal creates an uneven playing field for other property owners and investors who follow Municipal policies. 6. Policy Issues Provincial Policy Statement (PPS) 6.1 The PPS states that settlement areas shall be the focus of growth and development. The limits of settlement areas are defined by the boundaries contained in the Regional Official Plan and the Clarington Official Plan. Rural settlements (hamlets) are the focus of growth in rural areas. The land outside of settlement areas, known as rural lands, is appropriate for limited-scale businesses such as home occupations, home industries, agricultural uses and agriculture-related uses (see Figure 4). Page 108 Municipality of Clarington Page 11 Report PSD-042-20 6.2 Agriculture-related uses are defined in the PPS as those farm-related commercial and farm-related industrial uses that are directly related to farm operations in the area, that support agriculture, that benefit from being in close proximity to farm operations, and provide direct products and/or services to farm operations as a primary activity. An example of an agriculture-related use would be a tractor and farm implement dealership. The proposed use while it will be used by farmers is a not a farm-related commercial or farm-related industrial use. Figure 4: Subject site outside of the urban boundary 6.3 The PPS states that natural features and areas shall be protected for the long term. They should be maintained, restored or where possible improved, recognizing the linkages between and among natural heritage, surface water and ground water features. 6.4 The proposed commercial use is contrary to the PPS policies because:  It is not located within a settlement area;  It is not a permitted use on rural lands; and  It does not protect the existing natural features. Page 109 Municipality of Clarington Page 12 Report PSD-042-20 6.5 The proposed building supply outlet is a commercial use that is not agriculture-related and therefore is not a permitted use on rural lands and as such is not in conformity with the PPS. A Place to Grow: Growth plan for the Greater Golden Horseshoe (Growth Plan) 6.6 The Growth Plan directs development to settlement areas. The Growth Plan states that development outside of Settlement Areas may be permitted on rural lands for:  The management or use of resources;  Resource-based recreational uses; and  Other rural land uses that are not appropriate in settlement areas. 6.7 The Growth Plan requires that the diversity and connectivity of the Natural Heritage System and its long-term ecological or hydrologic functions of the features be protected and maintained. 6.8 The proposed commercial use is contrary to the Growth Plan policies because:  It is not located within a settlement area;  It is not a permitted use on rural lands; and  It will not protect the woodland.  The proposed building supply outlet is a commercial retail use that is appropriate in settlement areas. As such, the proposed development does not conform to the policies of A Place to Grow. Durham Region Official Plan 6.9 The subject site is designated “Major Open Space Areas" in the Durham Regional Official Plan (ROP). A goal of the ROP is to maintain the distinction between the character of the Urban Systems and the Rural Systems in the Region for the benefit and enjoyment of the residents of the Region. Major Open Space Areas form an integral part of the Greenlands System and shall be maintained for their ecological functions and as urban separators. 6.10 The predominant use of lands in the Major Open Space areas shall be conservation, and a full range of agricultural, agricultural-related and secondary uses. The proposed commercial use is not agricultural-related and is not supported by the policies of the Durham Official Plan. Page 110 Municipality of Clarington Page 13 Report PSD-042-20 6.11 The western half of the property has been identified in the ROP as having a Key Natural Heritage Feature (KNHF). In addition, the entire property has been identified in the ROP as being a High Aquifer Vulnerability Area (see Figure 5). Certain development in these areas is restricted due to the risk of contamination to water systems. Other uses may be permitted provided that a hydrogeological investigation is completed to assess whether there will be a potential risk to groundwater. The results of the hydrogeological investigation can lead to potential prohibitions, restrictions and/or mitigation. Figure 5: Durham Region Official Plan – High Aquifer Vulnerability Area 6.12 The proposed commercial use is not in conformity with the ROP. 6.13 Region of Durham planning staff have advised the Municipality that they are not in a position to support the proposed commercial use of a building supply outlet on this site in the rural area. The policies of the ROP do not permit the above commercial use in the Major Open Space Areas designation. As stated in the minutes of the Pre- consultation Meeting of February 6, 2020, a Regional Official Plan Amendment would be required. Page 111 Municipality of Clarington Page 14 Report PSD-042-20 6.14 When asked for their feedback on the request for support for a Minister’s Zoning Order, Regional staff stated they would be recommending against support for the Minister’s Zoning Order as it does not, in their view, represent good planning. Clarington Official Plan 6.15 To reflect the Regional Official Plan and CLOCA natural heritage system, the majority of the property has been identified as Natural Heritage System (NHS) within the Municipality of Clarington Official Plan. As a result, most of the property has been designated “Environmental Protection Areas”, which are recognized as the most significant components of the Municipality’s natural environment (see Figure 6). As such, these areas and their ecological functions are to be preserved and protected from the effects of human activity. Figure 6: Clarington Official Plan land use map Page 112 Municipality of Clarington Page 15 Report PSD-042-20 6.16 No development is permitted within “Environmental Protection Areas”, except:  low-intensity recreation;  uses related to forest, fish and wildlife management;  erosion control and stormwater management; and,  agriculture, agricultural related and on-farm diversified uses (not including buildings). 6.17 The proposed commercial retail use is not permitted in the “Environmental Protec tion Areas” designation. 6.18 A small portion of the site located at the southeast corner of the site is designated “Rural”. Rural areas are intended to support Prime Agricultural Areas, link the components of the Municipality’s Open Space System and function as urban separators. Lands designated Rural shall predominantly be used for agricultural uses, agriculture-related uses and on-farm diversified uses. The proposed commercial use is not permitted in a “Rural” designation. 6.19 One of the functions of the “Rural” designated lands is to serve as urban separators. These large stretches of open land between urban areas help to contain urban sprawl. Urban separators, such as the one located between Courtice and Bowmanville, are constantly under pressure from development interests. 6.20 These lands are high production agricultural lands for the Province. The Official Plan includes policies requiring growth through intensification and redevelopment within the urban boundaries as part of its growth management strategy to protect agricultural lands for food production. 6.21 To further reinforce this objective, the Clarington Official Plan identifies the subject lands as being located within Special Study Area 2. It is Clarington’s policy that the lands within Special Study Area 2 are appropriate for the Province to review and potentially include in future expansion of the Green Belt based on a systems approach to agriculture, natural heritage and water resources. 6.22 The proposed commercial retail use is not in conformity with the Clarington Official Plan. The applicant will be required to apply for an amendment to the ROP. Once a permitted use is established through an amendment to the ROP, an amendment to the Clarington Official Plan will also be required. Page 113 Municipality of Clarington Page 16 Report PSD-042-20 7. Development Constraints 7.1 Based on the comments provided by the respective commenting agencies for the Pre- consultation Meeting on February 6, 2020, the following is a list of development constraints for the subject site. These comments represent a statement of existing conditions and policies and do not provide definitive evaluation of the proposal since no application or supporting studies have been received. Environmental 7.2 There are key natural heritage and hydrologic features situated on the western half of the subject site. The Durham Regional Official Plan contains policies stating that development or site alteration is not permitted in key hydrologic features and key natural heritage features within the Natural Heritage System, including any associated Vegetation Protection Zone (VPZ). 7.3 The Region requires that the applicant ensure that any development and site alteration will take place outside any features and the associated VPZ. An Environmental Impact Study (EIS) is needed to evaluate the existing natural features on-site and recommend appropriate protection and mitigation. 7.4 The entire property has been mapped as being within CLOCA’s Natural Heritage System (NHS) (see Figure 7). The east half of the property is within an area subject to CLOCA Ontario Regulation 42/06. The regulated area includes an area that is within 120 metres of an identified wetland, which is located to the east of the property. 7.5 At a minimum, the EIS will need to include multi-season vegetation and breeding bird surveys, the limits of the NHS must be identified, along with appropriate buffers in accordance with the Clarington Official Plan, and a suitable building envelope must be identified beyond the NHS and buffers on the property. The policies of CLOCA, the Clarington Official Plan and the Durham Regional Official Plan will also need to be addressed through the EIS. A peer review of the EIS Report will be required by the Region of Durham and the Municipality of Clarington. 7.6 Following the February Pre-consultation Meeting, a terms of reference document for the EIS was prepared by the proponent reviewed and accepted by municipal and CLOCA staff. However, a site visit with CLOCA and Municipal staff has yet to take place. Accordingly, the precise boundaries of the woodland feature or other f eatures that may be present has not yet been determined. It is our understanding that fieldwork for the EIS has begun. Page 114 Municipality of Clarington Page 17 Report PSD-042-20 7.7 Much of the site is likely woodland, and within the required vegetation protection zone. The available development envelope and theref ore the feasibility of the proposed use for this site is unknown at this time. Any consideration of a Minister’s Zoning Order is premature without the required environmental study and site work. Figure 7: CLOCA Natural Heritage System shaded in green Servicing 7.8 The subject site is located in the rural area between Bowmanville and Courtice. As a consequence, there is no access today to municipal services such as water and sanitary sewers. If the proposal proceeds at this time it will have to be privately serviced (well, septic as well as fire protection). Further discussion of servicing was included in Report PSD-041-20. Page 115 Municipality of Clarington Page 18 Report PSD-042-20 Traffic 7.9 Regional Highway 2 is a Type ‘B’ Arterial Road and therefore the Region requires a 36 m overall right-of-way. This results in a widening of approximately 5 metres along the subject property’s Regional Highway 2 frontage. In addition, a 15 metre x 15 metre sight triangle must also be provided at the corner of Regional Highway 2 and Rundle Road. 7.10 Both the Region of Durham and the Clarington Public Works Department have identified the need for a Traffic Impact Study (TIS) to be submitted to address impacts to Regional Highway 2 and Rundle Road. A TIS will evaluate and recommend upgrades and improvements that may be required to support the development. The impact of the proposed development could include available sight distance from the proposed entrance and the potential need for an auxiliary right-turn lane on Highway 2. Based on traffic flows to and from the subject site the TIS could also recommend reconstruction of portions of Rundle Road which is currently only constructed to a rural cross-section and is not designed to accommodate heavy truck traffic. 8. Impact of Requested Minister’s Zoning Order 8.1 When placed into a broader context the implications of Council supporting the proponent’s request for a Minister’s Zoning Order can be understood as follows. Effect on the Proponent 8.2 If the proponent receives Council support, the proponent has advised that they will take their proposal to the Minister of Municipal Affairs and Housing and request a Minister’s Zoning Order. If successful, the proponent will receive zoning rights to permit a proposed building supply outlet on the subject site. The proponent will still be required to receive Site Plan approval from the Municipality before the site can be cleared, graded and construction started. A subsequent Pre-consultation Meeting will be required to identify all remaining requirements and studies, such as a Traffic Impact Study, to be submitted as part of the Site Plan application. 8.3 The proponent was requested to provide any reports or studies that they may have which relate to the site. However, as of the writing of this report, the Municipality has not received any information from the proponent. Page 116 Municipality of Clarington Page 19 Report PSD-042-20 Effect on the Surrounding Area 8.4 Council requested a non-statutory public meeting be held to provide the public with the opportunity to learn about and comment on the proposal. Typically, public meetings include a list of topics that need to be investigated as well as a summary of the background reports that were submitted to address those topics. At this time, all tha t is available is a list of concerns that were identified at the Pre-consultation Meeting. 8.5 At this time, it is not possible to fully estimate the potential impacts to the surrounding area. The following items would need to be evaluated before Staff would be able to provide further comment:  Environmental impacts, on plant and animal life that cu rrently nests, feeds or grows on-site;  Servicing impacts, on the site’s capacity to accommodate the daily needs of the business without negatively impacting surrounding properties; and  Traffic impacts, including road improvements and even the possibility of traffic controls on Regional Highway 2. 8.6 As has been aptly stated by the proponent, there are other sites available in Clarington that do meet their locational criteria. No special circumstance or condition has been identified that makes the subject site unique and the only option available to accommodate this proposal. 8.7 Support for a Minister’s Zoning Order in this case dismisses the community vision contained in the Regional Official Plan and the Clarington Official Plan which were both created through extensive consultation with the public, stakeholders and agencies. 8.8 The proposed request for a Minister’s Zoning Order is contrary to the Province’s own policies contained in the Provincial Policy Statement and the Growth Plan. Effect on Planning in Clarington 8.9 The Planning Act in Ontario has been established to create a transparent and accountable means for development to be evaluated and approved. Circumnavigating regional and local planning approvals to expedite a zoning approval undermines the public engagement process and reduces Council’s role as the decision makers on land use planning. 8.10 If Minister’s Zoning Orders are used for commercials proposals of this nature, the effort and cost involved, would make this process the first approach used by developers in the future. It would allow developers to potentially receive zoning approval for projects without the need to follow Provincial policies, Regional and local Official Plans. Page 117 Municipality of Clarington Page 20 Report PSD-042-20 8.11 Commercial landlords are already experiencing tremendous pressure fro m businesses struggling to pay rent or closing completely. Expanding commercial floorspace outside of urban areas already approved for commercial development undermines the existing commercial market. The planning for commercial areas includes appropriate commercial market analysis to avoid an over-saturation of commercial lands and to support the full build-out of existing commercial areas. 9. Concurrence 9.1 This report has been reviewed by the Director of Public Works who concurs with the recommendations. 10. Conclusion 10.1 The proposal for a building supply outlet at 2423 Rundle Road is not in conformity with Provincial policy. 10.2 The proposal is not supported by Regional and Clarington policy. 10.3 The request for a Minister’s Zoning Order circumnavigates the planning process for the unique benefit of one business owner and does not provide additional community benefits. The proponent has not provided any reports in support of their request. 10.4 The perceived value of this property, due to its lower cost, may end up being voided by higher development costs (i.e. servicing, traffic improvements) and could potentially be borne by the taxpayer rather than the proponent. 10.5 Planning staff concludes that this proposal is not good planning and not in conformity with any land use planning policy that apply to the site. 10.6 For these reasons, it is strongly recommended that Council not support the proponent’s application for a Minister’s Zoning Order. Staff Contact: Paul Wirch, Senior Planner, 905-623-3379 ext. 2418, pwirch@clarington.net, or Carlos Salazar, Manager, csalazar@clarington.net Attachment: Attachment 1 – Public Meeting Notice Interested Parties: List of Interested Parties available from Department. Page 118 Notice of public meeting The Municipality is seeking public comments on a request from the owners of the Bowmanville Home Hardware for Municipal Council support for a Minister’s Zoning Order that would allow development of a new building supply outlet. What is a Minister’s Zoning Order? The Ontario Planning Act gives the Minister of Municipal Affairs and Housing the authority to zone any property in the Province. Zoning orders are rarely used where a municipality has existing official plans and zoning by-laws, but they can be used to protect a provincial interest. A Minister’s Zoning Order prevails over municipal plans and zoning by-laws to the extent of a conflict. The municipal zoning by-law remains in effect in all other respects. Subject Property Proposed Development The proponent wishes to construct a building supply outlet store at 2423 Rundle Road, which is located at the intersection of Highway 2 and Rundle Road between Bowmanville and Courtice. They are seeking a Minister’s Zoning Order to gain expedient approval for their project without going through the typical public planning process. The subject property is designated Rural and Environmental Protection Area in the Clarington Official Plan. This proposal does not comply; when reviewed against applicable Provincial policy, the Durham Region Official Plan, the Clarington Official Plan and Zoning By-law 84-63. Council is inviting public comments prior to deciding whether to support the request by the proponent for a Minister’s Zoning Order. This public meeting is not a statutory meeting under the Planning Act. Page 119 How to be Informed Questions? Please contact Paul Wirch or Carlos Salazar at 905-623-3379 or by email at pwirch@clarington.net If you wish to be notified of the decision of Clarington Council on whether to support the request for the Minister’s Zoning Order, you must make a written request to the Municipal Clerk, 40 Temperance Street, Bowmanville, ON L1C 3A6. How to Provide Comments Our procedures have changed as we continue to adapt to the COVID-19 pandemic. As mandated by Public Health, to maintain physical distancing these meetings will take place electronically. A public meeting will be held on: Date: Monday, October 26, 2020 Time: 7:00 pm Place: Electronic meeting by way of online device or telephone To View the Meeting The meeting will be livestreamed for public viewing at www.clarington.net/calendar.To view the livestream, click the “view livestream” link located next to the agenda which will appear when the meeting begins. To Speak at the Meeting If you wish to speak at the public meeting, please pre-register and you will be provided with further instructions. You can pre-register by completing the online form at www.clarington.net/delegations or contact the Clerk’s Division at 905-623-3379 ext. 2109 or clerks@clarington.net by Friday, October 23, 2020 at 4:00 p.m. If you are unable to participate electronically, please contact the Clerk’s Division and we will do our utmost to accommodate you. Written Submission We encourage you to submit your written comments for Committee’s consideration to Paul Wirch or Carlos Salazar at pwirch@clarington.net or by mail or drop box to 40 Temperance Street, Bowmanville, ON L1C 3A6 by October 23, 2020. File Number: 010-040-03910 Freedom of Information and Protection of Privacy Act The personal information you submit is collected under the authority of the Planning Act, will become part of the public record, and may be released to the public. Questions about the information we collect can be directed to the Clerk’s Division at 905-623-3379, extension 2102. Accessibility If you have accessibility needs and require alternate formats of this document or other accommodations, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Faye Langmaid, FCSLA, RPP Acting Director of Planning and Development Services Page 120 Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: October 26, 2020 Report Number: PSD-043-20 Submitted By: Faye Langmaid, Acting Director of Planning and Development Reviewed By: Andrew C. Allison, CAO Resolution#: File Number: PLN 23.29 By-law Number: Report Subject: Electric Vehicle Charge Station Policy and Amendment to Fees By-law for Charge Station Use Recommendations: 1. That Report PSD-043-20 be received; 2. That the draft By-law included in Report PSD-043-20 as Attachment 2, amending By-law 2010-142 by adding Schedule “G” Public Works Department Fees to include fees for municipally-owned electric vehicle charge station use, be approved. Page 121 Municipality of Clarington Page 2 Report PSD-043-20 1. Background 1.1 Transportation is the highest source of energy consumption and emitter of greenhouse gas emissions contributing to climate change in the Municipality. 1.2 As highlighted in the Durham Community Energy Plan (2019), which was endorsed in principle by Council in November 2019 (CAO-014-19), public adoption of electric vehicles (EVs) in place of internal combustion engine vehicles is a vital solution to reduce overall energy consumption and greenhouse gas emissions in the Region, thereby conserving resources and mitigating climate change. 1.3 If current trends continue, by 2030 half of the vehicles on the road will be electric. Every major automobile manufacturer is already selling EV models. 1.4 In September 2019, staff submitted a joint proposal with the Region and Area Municipalities to the Natural Resources Canada (NRCAN) Zero Emissions Vehicle Infrastructure Program (ZEVIP) to install 60 networked level-2 EV charge stations across 21 municipally owned, publicly accessible sites within Durham. 1.5 In January 2020, the Region-wide collaborative was awarded the ZEVIP grant. The grant covers 50% of the costs associated with the purchase and installation of EV charge stations, up to $5,000 per station. Clarington’s component of the grant application was earmarked for the installation of five Level 2 EV charging stations proposed to be located at the Church and Division Street municipal parking lot in downtown Bowmanville. 1.6 Level 2 category EV charge stations are the most common, practical and cost-effective charging station currently on the market. Level 2 charge stations have similar electrical requirements to a clothes dryer or stove (240 Volts/30 Amps). They are equipped with a universal charging head and provide approximately 40km of range per hour that a vehicle is charging. Report Overview This report provides an update regarding the current installation of municipally owned electric vehicle (EV) charge stations. There are 3 main components of this work: 1) The installation of 9 EV charge stations at 3 locations in the Municipality; 2) the development of an EV charge station policy to guide the design, operation and maintenance of municipal ly- owned EV charge stations; and 3) the development of an EV charge station user fees schedule to recover the costs of operating, maintaining and replacing municipally-owned EV charge stations. This report seeks approval to amend the Fees By-law 2010-142, to include fees for EV charge station use. This amendment is necessary to move ahead with bringing the new EV charge stations into operation. Page 122 Municipality of Clarington Page 3 Report PSD-043-20 1.7 Networked EV charge stations enable drivers to find networked stations through a mobile app and allow the Municipality to manage who can access stations and the fees to be charged for the station’s use. They also allow for the collection of data that will provide the Municipality with useful information on how EV charge stations are being used. The EV charge stations can update with new software automatically and alert the Municipality of any station malfunctions so they can be repaired quickly. 1.8 In March 2020, Council passed resolution #C-066-20 “that it be policy for all future car and SUV purchases to be EVs or similar vehicles without tailpipe emissions, where practicable.” The installation of EV charge stations is essential for EVs to be a practicable option for Municipal fleet. 2. Installation of EV Charge Stations 2.1 Staff have prepared three sites for the installation of level 2 EV charger stations. Sites include: Garnet B. Rickard Recreation Complex, Fire Station 1, and the Church and Division Street parking lot (Figure 1). 2.2 The five networked EV charge stations, partially funded through the ZVEIP grant, will be located at the Church and Division Street parking lot. The chargers at this location will be accessible by fleet and the public. 2.3 The two non-networked EV charge stations currently located at the Garnet B. Rickard Recreation Complex will be relocated to Fire Station 1 for fleet use only, as no fee can be charged for the use of the non-networked chargers. 2.4 The non-networked EV charge stations currently at Garnet B. Rickard Recreation Complex will be replaced with networked chargers to allow data and fee collection. These new EV charge stations will be accessible by fleet and the public. Installation of these stations are being funded by development charges. 2.5 Data collected from networked public stations will be utilized to inform future decisions regarding municipally owned, publicly accessible EV chargers. 2.6 Municipal staff have collaborated with the Region on the procurement of the EV charge stations and have completed tendering for station installation. Installation of the stations is expected to occur by the end of October 2020. Stations are expected to be operational by mid-November 2020. 2.7 The Municipality’s first three EV fleet vehicles approved as part of the 2020 budget have been purchased and will be in use by Fire and Clerks by November 2020. These new vehicles will be charged at the stations being installed at Fire Station 1 and the Church/Division Street Parking Lot. Page 123 Municipality of Clarington Page 4 Report PSD-043-20 Figure 1 - Locations for New Municipal EV Charging Stations Page 124 Municipality of Clarington Page 5 Report PSD-043-20 3. EV Charge Station Policy 3.1 Staff have developed an EV Charge Station Corporate Policy (Attachment 1) to guide the design, operation and maintenance of municipal EV chargers. The policy provides details related to:  Station usage and fees;  Station maintenance;  Municipal fleet charging procedures;  Station usage restrictions and enforcement;  Data collection and sharing; and  Station and parking design criteria. 3.2 The EV Charge Station Policy was developed in consultation with the municipal Inter- departmental Climate Change Working Group. In addition, an ad-hoc Working Group, consisting of the Region of Durham and Area Municipalities was formed to provide feedback on the EV Charge Station Policy. The policy will serve as a template for the Region and Area Municipalities to adapt and adopt as they see fit, with the intention of creating an integrated EV station user experience across the Region. 3.3 Special attention was given to include accessible design standards into the design features of the policy. 4. EV Charge Station Use Fees Schedule 4.1 There are expenses associated with the operation, maintenance and replacement of EV charge stations at the end of their service life. Staff are proposing an update to the Clarington Fee By-law 2010-142 to include a new Schedule “G” listing the fees for the use of municipally owned EV charger stations (Attachment 2). 4.2 The EV charge stations are intended to be fully user fee supported. The recommended fees outlined in Attachment 2 are intended to cover all future expenses of the stations. Proposed fees collected from the use of the EV charger stations will be used to cover all associated operational costs of the EV charge stations, including but not limited to repair and maintenance, replacement and upgrades, data management, snow removal and administration. Any excess revenues will be deposited into a reserve fund annually to fund future needs or shortfalls. 4.3 Proposed EV charge station fees are based on several conservative assumptions, which have been confirmed through the procurement process, including:  A 25% occupancy rate for EV charge station use (6 hours per day);  An 8-year replacement interval;  $6,000 for the replacement EV charge stations at end of their life; Page 125 Municipality of Clarington Page 6 Report PSD-043-20  $300 per year in maintenance cost;  A $250 per year service and data sharing agreement;  Electricity priced at 20¢/kWh;  A vehicle power acceptance rate of 6.6kW ;  2% inflation for hardware, labour expenses and electricity costs ; and  $100 per year for snow removal 4.4 EV charging station fees will be reviewed and updated annually using data collected from the stations to ensure established fees meet the objective to fully cost recovered. 5. Concurrence 5.1 This report has been reviewed by the Director of Finance and the Director of Public Works who concur with the recommendations. 6. Conclusion 6.1 The adoption of EVs is essential to reduce energy consumption and greenhouse gas emissions in the transportation sector. The installation of EV charge stations is essential for EVs to be a practicable option for Municipal fleet. The EV charge station policy will guide staff in the design, fee setting and operation of municipally owned EV stations. 6.2 It is respectfully recommended that Council approve the attached draft by-law to amend the Fee By-law 2010-142 to include Schedule “G”, to cover the costs associated with operating, maintaining and replacing municipally owned EV charge stations. Staff Contact: Doran Hoge, Climate Change Response Coordinator, 905-623-3379 ext.2429 or dhoge@clarington.net Attachments: Attachment 1 – EV Charge Station Policy Attachment 2 – Amending by-law to the Fee By-law Interested Parties: The Region of Durham Durham Area Municipalities Page 126 Attachment 1 to Report PSD-043-20 Corporate Policy If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 Policy Number/Name Page 1 of 11 POLICY TYPE: SUBSECTION: POLICY TITLE: Electric Vehicle Charge Station Policy POLICY #: POLICY APPROVED BY: EFFECTIVE DATE: REVISED: APPLICABLE TO: 1. Purpose The Municipality of Clarington recognizes the environmental and economic benefits of electric vehicles (EVs) and their ability to help the Municipality support the clean energy economy in Durham Region. Providing access to EV charging for corporate, workplace and public use will contribute to improving local air quality, reduce noise pollution, reduce greenhouse gas emissions, reduce energy consumption, strengthen the local economy and increase local energy resilience. The policy provides guidance on the design, operation and maintenance of municipal EV charging stations and associated infrastructure. 2. Scope This policy applies to Municipally owned EV charging stations which may be made available for use by the public, Municipal staff and Municipal fleet vehicles. Page 127 Attachment 1 to Report PSD-043-20 Corporate Policy If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 Policy Number/Name Page 2 of 11 3. Definitions Electric Vehicle (EV) A vehicle that is propelled by one or more electric motors, using electrical energy stored in rechargeable batteries, or another energy storage device, and is capable of being plugged into an EV charging station, including, but not limited to, plug-in battery electric cars, fuel cell battery electric vehicles, and plug-in hybrid vehicles. EV Charging Station The vehicle charging equipment installed on Municipal property, inclusive of the EV charging station pillar, electronic/physical parts, head, and the parking space designated for use when charging an EV. EV Parking Space A parking space designated for the use of EVs while plugged into an EV charging station, as indicated by authorized signs. EV Charger Service Provider A third-party organization that supplies and/or operates the EV charging station. Fleet EVs EVs, owned by the Municipality, that are used by staff for work-related purposes. User A person who uses an EV charging station. Page 128 Attachment 1 to Report PSD-043-20 Corporate Policy If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 Policy Number/Name Page 3 of 11 4. Policies Usage and Fees 4.01 EV Parking Spaces are intended solely for EVs actively using the charging equipment and are available on a first-come, first-serve basis for any eligible (or authorized) Users. 4.02 EV charging stations are available for use by the public for a fee, as per the Clarington Fee By-law. 4.03 User fees, where applicable, are assessed for the total time a vehicle is connected to an EV Charging Station, not for the period of time that the vehicle is being charged or for the total energy transfer as outlined in the Clarington Fee By-law. 4.04 Where offered by the EV Charger Service Provider, EV Parking Spaces may be reserved via an online booking platform on a first- come, first-serve basis. If the User does not connect to the EV Charging Station within 10 minutes of the reserved time, the User will be charged a fee and lose their place in the queue as per the Clarington Fee By-law. Page 129 Attachment 1 to Report PSD-043-20 Corporate Policy If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 Policy Number/Name Page 4 of 11 4.05 Municipally owned EV Charging Stations are intended to be user-fee supported. Fees collected from the use of the EV Charging Stations will be used to cover all associated operational costs of the EV Charging Stations, including but not limited to: repair and maintenance, replacement and upgrades, data management, snow removal and administration. 4.06 EV Charging Stations Fees will be reviewed and updated bi-annually by Finance using data collected from the stations to ensure established fees meet the objective to be tax-levy neutral. 4.07 Unless specified by signage on site, closed for an event or disabled for repair or regular maintenance, EV Charging Stations allow for unrestricted and unlimited access during and after business hours. 4.08 Each User must take extra care to ensure that EV Charging Station cords are coiled and safely returned to the station and are not left in a position where they could be a tripping hazard. 4.09 EV Users are responsible for acquiring the app associated with the EV Charger Service Provider equipment, familiarizing themselves with the proper and safe use of the equipment, payment of fees, monitoring the duration of time that their vehicle has been connected to a charge station and for moving their vehicle once charging session has been completed. Users of the EV Charging Stations do so at their own risk. 4.10 The User is expected to move their vehicle from the EV Parking Space once their vehicle is fully charged. A grace period of 30 minutes will be permitted once a notification has been sent by the service provider, informing the User that the charging session has been completed. A fee will be applied to stays beyond the allotted grace period, as outlined in the Clarington Fee By-law. Page 130 Attachment 1 to Report PSD-043-20 Corporate Policy If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 Policy Number/Name Page 5 of 11 4.11 EV drivers whose vehicles do not require charging are encouraged to be conscientious of the needs of drivers who do require a charge in order to make it to their next destination, and not use available EV Charging Stations if not needed. Maintenance 4.12 Day-to-day maintenance and operations activities (e.g. snow removal, garbage collection, etc.) are the responsibility of Public Works and/or contracted service provider managing the site where the EV Parking Space is located. 4.13 Snow removal is required for all outdoor sites with a level of service that ensures the EV Parking Space, control equipment and adjacent access aisles are fully usable at times indicated on signage. Snow removal of the access aisle and accessible routes should occur first or at the earliest possible time. 4.14 Any operational issues related to the EV Charging Stations and its components are to be reported to Community Services Department Staff where it will then be documented for further action. 4.15 The Municipality assumes no responsibility or liability for damage to vehicles using the EV Charging Stations. 4.16 This policy will be reviewed bi-annually by Clerks from the day the policy is enacted to determine effectiveness. When updating its EV policy, the Municipality shall endeavor to consult with other municipalities in Durham Region to promote a common user experience across Durham Region. Page 131 Attachment 1 to Report PSD-043-20 Corporate Policy If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 Policy Number/Name Page 6 of 11 Municipal Fleet Charging 4.17 Fleet EVs are designated a vehicle-specific location for overnight charging. 4.18 Select EV Parking Spaces may be designated solely for Municipal fleet EVs. Such EV Parking Spaces will be signed accordingly and are not available for other Users. 4.19 In EV Charging Station locations designated for fleet and workplace/public charging, fleet EVs have exclusive access to charging after 3 p.m. on weekdays, and all day on weekends, the Civic holiday and Statutory holidays. 4.20 Payment for fleet EV charging will be transferred using vehicle specific EV Charging Station network payment cards. The Municipality will be charged directly for the use of EV Charging Station network payment cards by the EV Charger Service Provider. Restrictions and Enforcement 4.21 A vehicle may not be parked in an EV Parking Space unless the vehicle is an EV and is plugged in to the station’s charging equipment. 4.22 Only Fleet EVs may park in EV Charging Stations that have been designated exclusively for fleet use. 4.23 Enforcement of the strict use of EV Charging Stations is covered under Clarington’s Traffic By-law. 4.24 Electrical outlets at Municipal facilities may not be used for EV charging except those designated for use by EVs that is clearly indicated by signage. Page 132 Attachment 1 to Report PSD-043-20 Corporate Policy If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 Policy Number/Name Page 7 of 11 4.25 Enforcement of the use of electrical outlets in parking facilities for vehicle charging is covered under Clarington’s Traffic By-law. 5. Data Collection and Sharing 5.01 Data collection and data sharing must comply with the Municipality’s privacy policies and stored within Canada. 5.02 The EV Charger Service Provider is responsible for the maintenance and monitoring of EV Charging Station equipment and the management of fees collected on behalf of the Municipality. 5.03 The EV Charger Service Provider is responsible for ensuring compliance with Payment Card Industry Standards associated with the use of credit cards. 5.04 Data related to the use of the EV Charging Stations will be obtained by the Municipality from the Service Provider. 5.05 Data will be reviewed by Municipal staff to monitor station usage trends and assess EV policies and EV Charging Station fee structures. 5.06 Data related to the use of EV Charging Stations will be retained in accordance with the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56. Personal information will not be used for any other purpose than identified at the time of collection, nor disclosed in any circumstance, except as permitted by the Act. 5.07 Data collected by the Municipality’s EV Charging Stations will be anonymized and may be shared with the Region of Durham and Durham Area Municipalities for reporting purposes. Disaggregated data may be shared more broadly on a case-by-case basis. Page 133 Attachment 1 to Report PSD-043-20 Corporate Policy If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 Policy Number/Name Page 8 of 11 6. Design Criteria General 6.01 To ensure greater equity, all public EV Parking Spaces must follow a consistent guideline criterion for accessibility as outlined in the Accessibility for Ontarians with Disabilities Act (AODA), 2005, where reasonably practicable. 6.02 The installation of EV charging infrastructure on Municipal properties and within the streetscape must not create barriers to mobility or access for those with disabilities, or other accessibility challenges. 6.03 Where a parking facility serves multiple buildings or accessible entrances, EV Parking Spaces should be distributed to enable Users to park near as many accessible entrances as possible. 6.04 Bollards will be installed to protect EV Charging Stations from damage. EV Parking Spaces 6.05 EV Parking Spaces must be a minimum width of 3400 mm and length of 5400 mm, meeting the standards for “Type A” accessible parking spaces outlined in Ontario Regulation 191/11, as amended, where reasonably practicable. 6.06 EV Parking Spaces must have a maximum running slope and cross- slope of surface at 1:50 (2 per cent) in new and rehabilitated parking lot designs. 6.07 An access aisle must be provided adjacent and parallel to each EV Parking Space that is at least 1500 mm wide and clearly indicated by high colour contrast diagonal pavement markings where reasonably Page 134 Attachment 1 to Report PSD-043-20 Corporate Policy If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 Policy Number/Name Page 9 of 11 practicable. This access aisle can be shared with another accessible and/or EV Parking Space. 6.08 There must be a vertical height clearance of 2100 mm (minimum) at designated EV Parking Spaces and along the vehicle access and egress routes. 6.09 EV parking ground surface must be firm, stable and slip resistant. 6.10 EV Parking Spaces should have adequate lighting to operate the EV charging infrastructure in a safe environment. Lighting should be enough to easily read associated signs, instructions, or controls on the EV Charging Station and provide sufficient lighting around EV Parking Spaces for safety and security. Signage and Pavement Markings 6.11 EV Parking Spaces will be clearly marked with appropriate pavement markings and signage to designate an EV Parking Space and communicate the EV Charging Station etiquette and rules (as outlined in this policy). 6.12 Vertical signage must be reflectorized and display the EV parking symbol and information text 6.13 Vertical signage must ensure the size of 300 mm wide by 600 mm high, at minimum, and be mounted at a height of 1500 mm to 2000 mm from the ground / floor. 6.14 Vertical signage must ensure a high tonal contrast is provided between signage and background environment. 6.15 All pavement markings must be slip resistant and clearly visible though use of high tonal contrast compared to the surface of the EV Parking Space. Page 135 Attachment 1 to Report PSD-043-20 Corporate Policy If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 Policy Number/Name Page 10 of 11 6.16 All pavement markings must be located in the centre of the EV Parking Space and be at least 1000 mm long. 6.17 The blue colour required for identification of accessible parking spaces and access aisles in accessible parking shall not be used for pavement marking. Green colouring shall be used to identify EV Charging Stations. 6.18 The surface of the EV Parking Space must be marked stating “EV CHARGING ONLY”. 6.19 The Municipality shall endeavor to use signage, EV symbols and pavement markings that are the same as other municipalities in Durham Region to promote a common user experience across Durham Region. EV Charging Equipment 6.20 An accessible route shall be provided connecting the EV space to the EV charger that serves it. 6.21 EV chargers shall be located adjacent to and within the projected width of the vehicle space being served or within 915 mm of the projected width of access aisle at the head end or foot end of the EV space. 6.22 EV chargers shall have a minimum clear floor space of 1350 mm x 800 mm. 6.23 Charger operable parts shall be located in a range between 400 mm and 1220 mm from the floor. 6.24 EV charging equipment should be operable with one hand, and not require grasping, pinching, or twisting of the wrist or force more than 5 lbs. Page 136 Attachment 1 to Report PSD-043-20 Corporate Policy If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 Policy Number/Name Page 11 of 11 6.25 All new EV Charging Stations must be certified for use in Canada (e.g. CSA, UL, Interlink). 6.26 All new EV Charging Stations must include one or more of the following charging connector types:  SAE J1772 standard plug head (Level 2 (208/240 V);  SAE J1772 Combo (for fast-charging stations);  CHAdeMO (for fast-charging stations); or  Other proprietary charging connector types. Page 137 Attachment 2 to Report PSD-043-20 If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 The Corporation of the Municipality of Clarington By-law 2020-xxx Being a by-law to amend By-law 2010-142, to require the payment of fees for information and services. Whereas Council has deemed it necessary to require fees for the use of municipally owned electric vehicle charge stations; And whereas Council approved the recommendations contained in Report PSD-043-20, regarding charging stations: Now therefore the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That By-law 2010-142 be amended by adding the attached Schedule “G”, Attachment 1 to this by-law, “Public Works Department Fees” which includes the fees for electric vehicle charge station use; and 2. That this By-law shall come into effect on the day of passing. By-Law passed in open session this ______ day of ________, 2020 _____________________________________ Adrian Foster, Mayor _____________________________________ C. Anne Greentree, Municipal Clerk Page 138 Attachment 1 to By-law 2020-xxx By-law 2010-142 Schedule “G” Public Works Department Fees Electric Vehicle Charge Station Use Service Time and Description Fee Daytime electric vehicle station use under 3 hours 7:30 a.m. to 5:00 p.m. Monday to Sunday $1.50 per hour Daytime electric vehicle station use after 3 hours + 30 - minute grace period 7:30 a.m. to 5:00 p.m. Monday to Sunday $4 per hour Nighttime electric vehicle station use 5 p.m. to 7:30 a.m. Monday to Sunday $1.50 per hour Reservation no- show Always in effect $3 flat fee Notes: For daytime use (7:30 a.m. to 5:00 p.m. Monday to Sunday), the User is expected to move their vehicle from the charge station parking spot after 3 hours. A grace period of 30 minutes will be permitted once their allotted time has elapsed before and additional fee is applied. Where offered by the Electric Vehicle Charger Service Provider, Electric Vehicle Parking Spaces may be reserved via an online booking platform on a first come first serve basis. If the User does not connect to the electric vehicle charging station within 10 minutes of the reserved time, the User will be charged a fee and lose their place in the queue. Page 139 Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: October 26, 2020 Report Number: PSD-044-20 Submitted By: Faye Langmaid, Acting Director of Planning and Development Services Reviewed By: Andrew C. Allison, CAO Resolution#: File Number: PLN 34.18; HPA2020-004 By-law Number: Report Subject: Heritage Permit Application for 302 Given Road (Belmont House), Newcastle; Applicant: Sedgewick Marshall Heritage Homes Ltd. Recommendations: 1. That Report PSD-044-20 be received; 2. That Council approves the proposed alterations to the designated heritage property at 302 Given Road, Newcastle (Heritage Permit Application File No. HPA2020-004) in accordance with the applicable Designation By-law 2018-099, and Section 33(4) of the Ontario Heritage Act, R.S.O. 1990, Chapter 0.18 to facilitate the rehabilitation of the exterior and interior of the dwelling, repair of the porch and veranda, and addition of a one-storey three-car garage substantially in accordance with the Heritage Conservation Plan for 302 Given Road, dated September 10, 2020, prepared by Golder Associates Ltd., and the plans and drawings dated September 4, 2020, prepared by Pamela Farrow, subject to the following conditions: a. That the subject lands be placed under Site Plan Control to: (i) ensure the designated heritage property is protected during the construction of the proposed new addition, and (ii) ensure proper servicing, drainage, and landscaping. b. That prior to the issuance of a building permit for any works: (i) the applicant work with Planning and Development Services staff to address any outstanding comments of the Clarington Heritage Committee on the application, and Page 140 Municipality of Clarington Page 2 Report PSD-044-20 (ii) the owner enters into a Site Plan Agreement with the Municipality of Clarington to ensure the proposed alteration of the Belmont House is undertaken in accordance with the approved Heritage Conservation Plan to the satisfaction of the Director of Planning and Development Services; c. That the source of the interior cellar spring be identified prior to development of the surrounding lands including servicing, to ensure the proposed development does not adversely impact the cellar spring and artesian well; and d. That the location and installation of any future municipal servicing infrastructure takes place on the east side of the property to avoid potential interference with the artesian well; and 3. That the Ontario Heritage Trust, the Clarington Heritage Committee, the property owners, and all interested parties listed in Report PSD-044-20 be advised of Council's decision. Page 141 Municipality of Clarington Page 3 Report PSD-044-20 1. Background 1.1 The applicant submitted a Heritage Permit to alter a designated heritage property at 302 Given Road, Newcastle (Belmont House). Specifically, the application proposes to rehabilitate the exterior and interior of the dwelling, repair the porch and veranda, and add a one-storey three-car garage. 1.2 In 1988, the property was designated under the Ontario Heritage Act (OHA) by By-law 88-173 for its architectural and historical value and interest. At that time the property was approximately 5 hectares. 1.3 In 2014, a Heritage Impact Assessment (HIA) by Golder Associates Ltd. was undertaken in support of a plan of subdivision application on the lands. The HIA recommended the Belmont House be retained on a large lot and be maintained for future redevelopment and partial restoration. The Belmont House has since been severed from the original parcel, and the outbuildings formerly surrounding the dwelling have been demolished. 1.4 In 2018, designation By-law 88-173 was replaced by By-law 2018-099 (Attachment 1) under Part IV of the OHA to reflect the severance of the property on which the Belmont House now sits (0.66 ha) from the remainder of the original parcel, which is to be developed for urban residential purposes. Report Overview A Heritage Permit application has been received to alter a designated heritage property at 302 Given Road, Newcastle (Belmont House). The subject property is individually designated under Part IV of the Ontario Heritage Act (OHA) by By-law 2018-099. Heritage Permits are required to authorize proposed works that may affect an identified heritage attribute specified in the designation by-law under Part IV of the OHA. The property was the subject of a Heritage Impact Assessment (HIA) in 2014 submitted in support of land division application and in relation to the future Foster Northwest plan of subdivision application. The HIA recommended the Belmont House be retained on a large lot for adaptive reuse and partial restoration in accordance with a Heritage Conse rvation Plan. This report outlines the proposed alterations and outlines the Heritage Conservation Plan submitted in support of the subject application. Page 142 Municipality of Clarington Page 4 Report PSD-044-20 1.5 Designation By-law 2018-099 for 302 Given Road identifies several exterior and interior heritage attributes of the dwelling, and the historical and contextual value of the Wilmot family’s association with Wilmot Creek and the Newcastle Fish Hatchery, being the first fish hatchery in Canada. A Heritage Permit is required because the proposed alterations affect the property’s designated heritage attributes. 2. Heritage Permit Application for 302 Given Road 2.1 The subject Heritage Permit application proposes to rehabilitate the exterior and interior of the dwelling, repair the porch and veranda, and add a one -storey three-car garage, as illustrated in the plans and drawings included as Attachment 2. 2.2 The Belmont House (302 Given Road) is a two-storey brick farmhouse built in the late 1890s in the Georgian style, with Edwardian Classicism elements (Figure 1, below). The current dwelling is built on the foundation of the original Georgian style house that was destroyed by fire in 1898. The property is located on the north side of Given Road, south of Highway 35/115 in Newcastle as shown in Attachment 3. A more fulsome description of the Belmont House forms part of designation By-law 2018-099 included as Attachment 1. Figure 1: The Belmont House, 302 Given Road Page 143 Municipality of Clarington Page 5 Report PSD-044-20 2.3 As required by the Municipality of Clarington in accordance with the HIA undertaken for the subject property, a Heritage Conservation Plan (HCP), prepared by Golder Associated Ltd., was submitted in support of the application to guide the adaptive reuse of the Belmont House in a residential setting. 2.4 The HCP was prepared in accordance with applicable provincial legislation and local policy, including the Ontario Heritage Act and the Clarington Official Plan, and in consideration of best practices for heritage conservation, namely ‘Canada’s Historic Places Standards and Guidelines for Historic Places in Canada ’, the principles of which guide the goals and recommendations for the proposed alterations to the subject property. 2.5 A visual structural inspection was conducted in August 2020 by D.G. Biddle to review the general condition of the building. The resulting recommendations informed the HC P and the rehabilitation strategies therein. 2.6 The HCP recommends a four-phase approach to stabilize, rehabilitate, preserve, and commemorate the Belmont House in order to achieve two primary goals, being: (i) To conserve the Belmont House as a late 19th century Edwardian Classism house with cultural significance to the community; and (ii) To convert the Belmont House to a comfortable and desirable single-family dwelling within a contemporary housing development. The four-phase approach is summarized in Table 1, below. Table 1: Four-Phase Conservation Implementation Plan Phase Strategy Action 1 Stabilize Monitor and secure the Belmont House 2 Rehabilitate Finalize Architectural Drawings, undertake repairs and rehabilitations in accordance with approved plans and drawings, construct new garage addition 3 Preserve Develop and follow a maintenance and monitoring program 4 Commemorate Erect a plaque and request that the property be added to the Canadian Register of heritage properties 2.7 The HCP recommends the primary treatment for the Belmont House to be rehabilitation (adaptive reuse) to facilitate the continued use of the heritage hom e in a contemporary manner, while protecting its heritage value. In this context, the proposed alterations include: Page 144 Municipality of Clarington Page 6 Report PSD-044-20  Repairing the exterior of the dwelling, the front porch, and east veranda ;  Widening the rear dormer and the addition of new windows to the north (rear) elevation;  Repairing and updating the interior of the dwelling;  Converting the rear wing to living area, removing the north chimney, and adding an exterior deck; and  Connecting the rear wing to a wood frame, one-storey, three-car garage. 2.8 In accordance with best practices, the proposed alterations are based upon a minimal intervention approach. The application proposes to repair rather than replace character - defining elements whenever possible, and make new work physically and visually compatible with, subordinate to, and distinguishable from the heritage property. 2.9 The proposed garage addition is designed to be compatible with and subordinate to the Belmont House in scale, massing and ornamentation. The garage is proposed to be one storey, wood-frame construction and clad in white in reference to the materials and colour of the original Belmont House. 2.10 The subject application was reviewed at the September 15, 2020 C larington Heritage Committee (CHC) meeting. The CHC meeting was attended by the applicant who provided an overview of the proposed works. 2.11 Comments from the CHC addressed architectural details such as the porch columns and railing, slope of the roof on the proposed garage addition, the restoration of the designated interior features, and the identification of the artesian well servicing the cellar. 2.12 The CHC generally supports the proposed heritage permit application, and passed the following motions: “That the Heritage Committee supports Heritage Permit Application File No. HPA2020-004 as presented in the Heritage Conservation Plan prepared by Golder Associated Ltd., dated September 10, 2020 in principle, contingent upon the applicant working with staff to address the Heritage Committee’s comments on the application.”; and “That the Heritage Committee considers the location of the artesian well to be a major concern as it relates to the interior cellar spring identified as a designated heritage attribute. Specifically, the Heritage Committee recommends: Page 145 Municipality of Clarington Page 7 Report PSD-044-20 (i) the source of the interior cellar spring be identified prior to development of the subject property or the surrounding lands including servicing, to ensure the proposed development does not adversely impact the cellar spring and artesian well, and (ii) the location and installation of any future municipal servicing infrastructure take place on the east side of the property to avoid potential interference with the artesian well.” 2.13 In accordance with the CHC motions, Planning and Development Services staff is working with the applicant to address the CHC’s comments pertaining to the rehabilitation of the exterior of the dwelling and restoration of identified interior heritage attributes, in particular the front porch, and the fireplaces and mantels. 2.14 The mature trees on the property are identified heritage attributes. The HCP speaks to the rehabilitation of the setting of the property surrounding the dwelling and the retention of the mature trees on site. The CHC has requested a landscape plan and details that address the retention of the mature trees, the proposed plantings surrounding the dwelling, the fencing between the subject property and the adjacent heritage park, and consideration of the curved carriageway that arrives at the main entrance to the dwelling. 2.15 The HCP recommends the construction of the new garage addition be subject to site plan control to ensure the new construction and site works are undertaken with the utmost consideration to the protection of the Belmont House, and that temporary access routes are appropriately located. The enactment of site plan control would also provide staff the tools to ensure the landscape plan is implemented in accordance with applicable approvals, that grading and drainage surrounding the dwelling does not adversely affect the identified heritage value, and that municipal servicing is appropriately located so as to not interfere with or adversely impact the artesian well. 2.16 Planning and Development Services staff is recommending that the owner be required to enter into an agreement in accordance with the applicable provisions of the Municipal Act to address matters relating to the conservation of the heritage property that are not covered under site plan control. For example, requirements relating to the rehabilitation and restoration of interior heritage attributes and the proposed treatment of the cellar spring. Page 146 Municipality of Clarington Page 8 Report PSD-044-20 2.17 The recommended two-step process consisting of a cultural heritage agreement and site plan control would enable the more immediate stabilization of the dwelling, and certain portions of the proposed alterations to proceed in a timely manner, while still providing the ability to address the CHC’s comments. Outstanding details relating to the servicing of the site, landscaping, drainage, any impact of development on the artesian well, and the development of the proposed garage addition itself, can be addressed as part of site plan approval. 2.18 This report addresses the requirements of the Ontario Heritage Act. The proposed works are subject to the requirements of Zoning By-law 84-63, as amended. 3. Concurrence Not Applicable. 4. Conclusion 4.1 The Clarington Heritage Committee and staff appreciate the property owner’s commitment to the conservation of the Belmont House and the significance of the property to the community. 4.2 In the context of the above, staff and the CHC support the approval of the proposed alterations to 302 Given Road, Newcastle, subject to the applicant working with staff to address the outstanding comments relating to the architectural details, and information relating to the landscaping servicing, and artesian well. 4.3 It is respectfully recommended that Heritage Permit Application (File No. HPA2020-004) be approved, substantially in accordance with the plans and drawings included as Attachment 2 and the Heritage Conservation Plan for 302 Given Road, Newcastle, dated September 10, 2020, and prepared by Golder Associates Ltd., subject to the conditions outlined in the Recommendations section of this report. 4.4 A by-law designating the location subject to site plan control will be included on the agenda of the November 5, 2020 Council meeting for enactment. Staff Contact: Sarah Allin, Planner II, 905-623-3379 x 2419 or sallin@clarington.net. Attachments: Attachment 1 – Heritage Designation By-law 2018-099 Attachment 2 – Plans and Drawings of Proposed Alterations, dated Sept. 4, 2020 Attachment 3 – Location and Aerial Photo Interested Parties: List of Interested Parties available from Department. Page 147 Page 148 Page 149 SCHEDULE “A” – LEGAL DESCRIPTION Pt Lot 32, Con 2 (Clarke), Being Part 1 on 40R-28940, Municipality of Clarington, Regional Municipality of Durham Page 150 SCHEDULE “B” - CULTURAL HERITAGE VALUE OR INTEREST OF THE PROPERTY AND A DESCRIPTION OF THE HERITAGE ATTRIBUTES Description of Property 302 Given Road, “The Belmont”, is a two storey brick farm house, located on the north side of Given Road in Newcastle, built in the Georgian style, with Edwardian Classicism elements and details. Statement of Cultural Heritage Value or Interest The property’s physical cultural heritage value lies in it being an excellent example of a vernacular farmhouse in former Clarke Township in the late nineteenth century. The building is constructed in the Georgian style with Edwardian Classicism elements and details. The current house was reconstructed in the late 1890’s on the original foundation after the original house, circa 1814, was destroyed by fire in 1898. The current house has many of the elements of the original Georgian style house but includes Edwardian elements not believed to be featured on the original house. The original house was clapboard the second house is brick. The property’s cultural heritage value lies in its association with Samuel Street Wilmot, his son Samuel Wilmot and the Newcastle Fish Hatchery, the first fish hatchery in Canada. Samuel Wilmot was a Deputy Surveyor in Upper Canada and served as a Major during the Battle of York in 1813 and built the first Belmont residence following the War of 1812. Samuel Wilmot, regarded as the Father of Canadian Fish Aqua- Culture, resided at The Belmont and conducted experiments with breeding techniques in the cellar of The Belmont in the early 1860’s which led to the eventual establishment of the Newcastle Fish Hatchery. The property’s contextual cultural heritage value lies in its location and proximity to Wilmot Creek, where Samuel Wilmot established the Newcastle Fish Hatchery. The creek is located to the south and west of the Belmont property and was the source of the water that feeds the cellar spring of the Belmont residence. The visual and spatial association between the former Newcastle Fish Hatchery and Wilmot Creek and The Belmont is significant to maintaining the local history of Samuel Wilmot and the Newcastle Fish Hatchery. Description of Heritage Attributes Key attributes of the property that reflect its values as an example of a vernacular farmhouse in former Clarke Township in the late nineteenth century include: Exterior: The three bay symmetry on the south façade; The original foundation; Pillared verandas on the south and east facades; Wooden dentils and brackets on cornice; Bay windows in front parlour rooms; Wood-sash windows; and The mature trees in the front yard Curved carriageway that arrives at the main entrance. Interior: The cellar spring; Fireplaces and mantels; The centre hall plan The main staircase made of cherry wood; The original wood trim; and Bricked arches in the cellar. Page 151 Page 152 Page 153 Page 154 Page 155 Page 156 Page 157 GIVEN ROAD DURHAM HI G H W A Y 2HIGHWAY 35/1153 0 2 µ Page 158 Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: October 26, 2020 Report Number: PSD-045-20 Submitted By: Faye Langmaid, Acting Director of Planning and Development Services Reviewed By: Andrew C. Allison, CAO Resolution#: File Number: ZBA 2020-0008 By-law Number: Report Subject: Removal of Holding (H) for three commercial properties located at 1556, 1560 and 1564 Highway 2, Courtice Recommendations: 1. That Report PSD-045-20 be received; 2. That the By-law attached to Report PSD-045-20, as Attachment 1, be approved as it meets the policies of the Official Plan; and 3. That all interested parties listed in Report PSD-045-20 and any delegations be advised of Council’s decision. Page 159 Municipality of Clarington Page 2 Report PSD-045-20 1. Background 1.1 Owners: Connie Tang, Jim Bryans and Tomiah Holdings Inc. 1.2 Proposal: Removal of Holding (H) Symbol from "Holding-Mixed Use Commercial Exception ((H)MU1-1) Zone" to “Mixed Use Commercial Exception (MU1-1) Zone” 1.3 Locations (respectively): 1556, 1560 and 1564 Highway 2, Courtice 1.4 Roll Numbers (respectively): 1817-010-060-12600, 1817-010-060-12700 and 1817-010-060-12800 1.5 Within Built Boundary: Yes 2. Background 2.1 The properties located at 1556, 1560 and 1564 Highway 2 in Courtice (Figure 1 below) have operated as commercial businesses for many years without formal recognition in the Zoning By-law. In 1999, the owners of each of these three properties had made Zoning By-law amendment applications to legalize their businesses. At the time, the Municipality was initiating a study of the Highway 2 corridor through Courtice. 2.2 Council will recall that an initial study was carried out in the early 2000’s but not adopted; later the Courtice Main Street Secondary Plan was completed and adopted in 2013. The corresponding zoning bylaw was approved in 2018. The subject properties were given an exception zone through the Courtice Main Street Zoning By-law that permits the existing uses on the properties while allowing for the future redevelopment of these properties with additional uses and higher densities in accordance with the new Commercial Mixed Use Zone regulations. Report Overview Initiated by the Municipality, this report is recommending removal of the Holding (H) symbol from commercial properties known as 1556, 1560 and 1564 Highway 2 in Courtice. These properties received Site Plan Approval in 2019, to fulfil a requirement of the Courtice Main Street Zoning By-law, approved in 2018. Page 160 Municipality of Clarington Page 3 Report PSD-045-20 Figure 1: Key Map identifying 1556 to 1564 Highway 2, Courtice 2.3 The approved Secondary Plan and Zoning By-law for the Courtice Main Street area required site plan approval be obtained for each of the three properties to recognize the existing uses. Once site plan approval was granted, the Holding (H) symbol could be removed from the zoning. No additions or expansions to the existing commercial buildings (Figure 2) are permitted. These three properties are permitted to continue to be used as they exist or to redevelop as regulated by the Courtice Main Street Zoning By-law. The intent of the Courtice Main Street Zoning By-law is to provide the regulations for future redevelopment of this precinct of the Highway 2 corridor into a fully urbanized mixed use area with four storey buildings. Page 161 Municipality of Clarington Page 4 Report PSD-045-20 Figure 2: Existing commercial properties at 1556 to 1564 Highway 2, Courtice 3. Staff Comments 3.1 The Holding (H) symbol is a provision enabled by the Official Plan to ensure that certain obligations have been considered prior to specific uses or continuation of specific uses, development or redevelopment of lands. This includes Site Plan Approval being granted for the subject properties to recognize the existing commercial uses . 3.2 The subject properties are zoned "Holding-Mixed Use Commercial Exception ((H)MU1- 1) Zone". Council must be satisfied that the provisions of the Official Plan are met prior to removing the Holding symbol. The properties have each received Site Plan Approval from the Municipality in 2019 and Staff have no concerns with lifting the ‘H’ symbol. Page 162 Municipality of Clarington Page 5 Report PSD-045-20 3.3 The existing businesses were required to submit for a “plans-only” Site Plan approval to acknowledge the current limits of development on their respective properties. Since no expansions to the existing buildings are proposed or permitted, no site improvements were required at this time. When these properties are redeveloped in the future to conform with the Courtice Main Street Secondary Plan (higher density and increased uses), additional development standards will apply. This will include the future dedication of hazard lands associated with the Black Creek valley along the northern edge of these properties. 4. Concurrence 4.1 Not Applicable. 5. Conclusion 5.1 In consideration of the comments noted above, approval of the removal of the "Holding H)" symbol, as shown on the attached By-law and schedule (Attachment 1) is recommended. Staff Contact: Paul Wirch, Senior Planner, 905-623-3379 ext. 2418 or pwirch@clarington.net. Attachments: Attachment 1 - Zoning By-law Amendment to Remove ‘H’ Symbol Interested Parties: The following interested parties will be notified of Council's decision: Connie Tang Jim Bryans Tomiah Holdings Inc. Page 163 Attachment 1 to PSD-045-20 Page 164 Attachment 2 to Report PSD-045-20 C:\Program Files\eSCRIBE\TEMP\8542966299\8542966299,,,Attachment 2 to Report PSD-045-20.docx The Corporation of the Municipality of Clarington By-law Number 2020-______ being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington to permit the continued commercial use of properties located at 1556, 1560 and 1564 Highway 2 in Courtice (ZBA 2020-0008); Now Therefore Be It Resolved That the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule “4” (Courtice)” to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: “Holding – Commercial Mixed Use Exception ((H)MU1-1) Zone” to “Commercial Mixed Use Exception (MU1-1) Zone”; as illustrated on the attached Schedule “A” hereto. 2. Schedule “A” attached hereto shall form part of the By-law. 3. This By-law shall come into effect on the date of passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act. By-Law passed in open session this _____ day of _____________, 2020 ____________________________ Adrian Foster, Mayor ____________________________ C. Anne Greentree, Municipal Clerk Page 165 Attachment 2 to Report PSD-045-20 C:\Program Files\eSCRIBE\TEMP\8542966299\8542966299,,,Attachment 2 to Report PSD-045-20.docx Page 166 Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: October 26, 2020 Report Number: PSD-046-20 Submitted By: Faye Langmaid, Acting Director of Planning and Development Services Reviewed By: Andrew C. Allison, CAO Resolution#: File Number: S-C-2017-0011, ZBA2017-0033 By-law Number: Report Subject: Draft Plan of Subdivision and rezoning for 29 townhouse dwellings in a Common Elements Condominium, Newcastle Recommendations: 1. That Report PSD-046-20 be received; 2. That the application for a Draft Plan of Subdivision submitted by Tomba Enterprises Limited to permit 29 townhouse dwellings, be supported subject to the conditions contained in Attachment 1 to Report PSD-046-20; 3. That the application to amend Zoning By-law 84-63 be approved and that the Zoning By-law Amendment in Attachment 2 to Report PSD-046-20 be passed; 4. That once all conditions contained in the Official Plan with respect to the removal of the (H) Holding Symbol are satisfied, the By-law authorizing the removal of the (H) Holding Symbol be approved; 5. That no further Public Meeting be required for the future Common Elements Condominium: 6. That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of report PSD- 046-20 and Council’s decision; 7. That all interested parties listed in Report PSD-046-20 and any delegations be advised of Council's decision. Page 167 Municipality of Clarington Page 2 Report PSD-046-20 1. Application Details 1.1 Owner/Applicant: Tomba Enterprises Ltd. 1.2 Agent: Bicorp Design Group Ltd. 1.3 Proposal: Proposed Draft Plan of Subdivision A proposed draft plan of subdivision to create one block to facilitate a future common elements Plan of Condominium with 29 townhouse dwellings, private lane, amenity space, visitor parking, acoustical noise berm and fencing and water meter building. Proposed Rezoning From “Urban Residential Exception (R1-1)” to a “Holding - Urban Residential Exception (R3-61) Zone” to permit the 29 townhouse dwellings and supporting facilities. 1.4 Area: 0.939 hectares (2.32 acres) 1.5 Location: 355 North Street, Newcastle, southeast of North Street underpass at the CPR Railroad crossing. 1.6 Roll Number: 18-17-030-130-18900 1.7 Within Built Boundary: Yes Report Overview This report recommends approval of a proposed Draft Plan of Subdivision and Zoning By- law Amendment submitted by Tomba Enterprises Limited. The applications would permit 29 townhouse units in a Common Elements Condominium. The units will be accessed by a private lane from North Street. The development will have a private amenity area, an acoustic berm and fence along the railroad right-of-way to the north and parking in the common elements. Page 168 Municipality of Clarington Page 3 Report PSD-046-20 Figure 1: Proposed North Street Townhouses 2. Background 2.1 On October 4, 2017, Tomba Enterprises Ltd. submitted applications for a draft plan of subdivision, rezoning, and site plan to permit the development of 29 townhouses. The applicant proposes to submit an application for a Common Elements Plan of Condominium in the future. The common elements include a private lane, acoustic berm and fence adjacent to the CP Railway, a retaining wall on the south property line, an amenity area and visitor parking. Page 169 Municipality of Clarington Page 4 Report PSD-046-20 2.2 A statutory Public Meeting was held on January 8, 2018. Comments received from the public were related to traffic, stormwater management, loss of privacy, parking, and character of the area. Resident concerns are discussed further in Section 8 of this report. 2.3 Since the public meeting, and in response to concerns from staff, the applicant has revised the submission and technical studies to address several issues. The list of studies submitted includes:  Phase One Environmental Site Assessment  Planning Justification Report & Urban Design Brief  Archaeological Assessment  Traffic Impact Study  Stormwater Management Report  Noise and Vibration Impact Study 2.4 The studies are reviewed in Section 7 of this report. 3. Land Characteristics and Surrounding Uses 3.1 The lands are generally flat with some gentle undulation. The south property boundary has a discontinuous row of evergreen trees. Some deciduous trees are in the southeast and northeast corners of the property. The property is currently vacant. 3.2 The surrounding uses are as follows: North - Canadian Pacific (CP) Railway and vacant lands which are part of a draft approved plan of subdivision (S-C 2005-0003) on the north side of the rail corridor. South - single detached dwellings fronting on Monroe Street West. East - single detached dwellings fronting on Mill Street North. West - North Street, and beyond, single detached dwellings on Remi Court. Page 170 Municipality of Clarington Page 5 Report PSD-046-20 Figure 2: Looking East from North Street 4. Provincial Policy Provincial Policy Statement 4.1 The Provincial Policy Statement identifies settlement areas, such as the Newcastle Urban Area, as the focus of growth. Planning authorities are encouraged to create healthy, livable and safe communities by accommodating an appropriate range and mix of residential, employment, recreation, and open space uses. 4.2 Land use patterns shall be based on densities and a mix of land uses that efficiently use land, resources and infrastructure. Municipalities are to provide opportunities for intensification, promote renewable energy, conservation and reduced greenhouse gas emissions. 4.3 The subject applications are consistent with the Provincial Policy Statement. Page 171 Municipality of Clarington Page 6 Report PSD-046-20 Provincial Growth Plan 4.4 The Provincial Growth Plan encourages municipalities to manage growth by directing population growth to settlement areas. Municipalities are encouraged to create complete communities that offer a mix of land uses, employment and housing options, high quality open space, and access to stores and services. 4.5 The subject lands are within the defined Built Boundary and within the Urban Boundary of Newcastle. Growth is to be accommodated by directing a significant portion of new growth to the built-up areas through intensification and efficient use of existing services and infrastructure. A minimum of 40 percent of all residential development occurring annually within each upper tier municipality will be within the built -up area and 50 per cent after the next Official Plan review. 4.6 The subject applications conform to the Growth Plan. 5. Official Plans Durham Regional Official Plan 5.1 The Durham Region Official Plan designates the subject lands “Living Areas” within the Urban System. Living areas shall be used predominately for housing purposes and accommodate a full range of housing options at higher densities by intensifying and redeveloping existing areas, particularly along arterial roads. The development will contribute to the Region’s and Municipality’s intensification targets and is within proximity of a transit route. 5.2 The proposal conforms to the Region of Durham Official Plan. Clarington Official Plan 5.3 The Clarington Official Plan designates the subject lands as “Urban Residential” and is located within the urban boundary of Newcastle. 5.4 Consistent with higher levels of government planning documents, the Clarington Official Plan supports opportunities for intensification within the existing built-up areas, while having regard for established residential neighbourhoods. The proposal for 29 townhouse units would contribute towards the Municipality’s Residential Intensification Target and utilize existing public services and infrastructure. Intensification within the Built -up Areas is encouraged and is to be given priority. 5.5 Table 4-3 of the Official Plan provides the Urban Structure Typologies for specific areas of the Municipality. These identified areas are where growth and higher intensity-built forms are to be directed. The site is located at the edge of a neighbourhood and is adjacent to a Type B Arterial Road, North Street, which permits townhouses up to three storeys in height. Page 172 Municipality of Clarington Page 7 Report PSD-046-20 5.6 The subject land shall meet a minimum net density of 19 units per hectare. The proposal is for approximately 31 units per hectare. The built form shall be between 1 to 3 storeys and primarily used for ground related units including limited apartments, townhouses, semi - detached, or detached dwellings. 5.7 Any intensification or infill development in established neighbourhoods, such as the one being proposed, must be designed to respect and integrate with the physical character of the surrounding context. 5.8 New residential development is encouraged to create accessible, walkable neighbourhoods that prioritize pedestrians over cars and provide for a variety of uses. 5.9 The Official Plan policies require noise/vibration conflicts between railway infrastructure and adjacent uses be minimized. 5.10 The proposal conforms to the Clarington Official Plan. 6. Zoning By-law 6.1 Zoning By-law 84-63 zones the subject lands: “Urban Residential Exception (R1-1)” which permits single detached dwellings. The proposed Zoning By-law Amendment (Attachment 2) will allow for the development of 29 townhouse units in a common elements condominium. A holding (H) symbol is placed on the zoning until the Draft Plan of Subdivision is registered and the Site Plan Agreement is finalized. 6.2 The Zoning By-law identifies minimum rear yard setbacks for Blocks 2 to 4 that are less than 7.5 metres. The setback for the buildings to the south property line is a minimum 7.5 metres or greater; however, the retaining wall and fence are common elements. This requires each rear lot line for the individual units to be located north of the retaining wall and fence which is less than 7.5 metres from the dwelling. The setback from the buildings to the properties to the south will maintain a minimum of 7.5 metres. 7. Summary of Background Reports 7.1 The applicant has submitted several studies in support of the development application which have been circulated to various agencies and departments for review and comment. Staff have worked with the applicant to ensure that supporting documents appropriately address all applicable provincial, regional and local policy, guidelines, and standards. The submission materials can be found on the Municipality’s website under current development proposals. 7.2 The applicant has submitted the following supporting documents :  Planning Justification and Urban Design Brief  Traffic Impact Study  Functional Servicing Report  Stormwater Management Report  Noise and Vibration Study Page 173 Municipality of Clarington Page 8 Report PSD-046-20  Archaeological Assessment Stage 1 & 2 Report  Environmental Site Assessment – Phase 1 Planning Justification Report & Urban Design Brief, December 2018 7.3 A Planning Justification and Urban Design Brief was submitted by Batory Management. The report identifies the subject lands as an opportunity for infill development consistent with Provincial, Regional, and Local policies. The report states that the permitted uses for only single detached dwellings in the current Zoning By-law is not consistent with current policy direction, which is to maximize efficient use of land within the already built up areas of the Municipality and to utilize existing or available public infrastructure. An amendment to the zoning by-law is appropriate in order to align with the policy direction and vision for the community. 7.4 The urban design of the proposed townhouse blocks incorporates a mix of materials and colours. The report states that the massing and density is consistent with the land use designation in the Official Plan. The topography of the site is advantageous as it does not have negative impacts of overlook or massing. The three storey townhouses would be an appropriate transition to the low density character of the surrounding lands. The proposal enhances the public realm by providing pedestrian linkages and edge planting along North Street. Figure 3: Proposed townhouse block perspective Page 174 Municipality of Clarington Page 9 Report PSD-046-20 Traffic Impact Study, October 2017 7.5 A Traffic Impact Study was prepared by Tranplan Associates to analyse the anticipated impacts of future background and site-generated traffic for the proposed development. The units will be serviced with an internal private lane which eliminates direct vehicle access from individual private entrances and concentrates vehicle access to one point of access onto the public road (North Street). The report determines that the site entrance driveway onto North Street will operate at very good levels of service, with minimal volume -to- capacity ratios and have very little queuing. A safety concern was raised by residents and the Region of Durham with regards to the available site distance from the south due to the horizontal curvature on the approach to the proposed site entrance. The analysis determined that there is enough sight distance to meet the minimum stopping distance, however there is not enough time to meet the decision sight distance for the design speed of 50km/h. The study recommends warning signs, indicating the driveway, be placed on the east side of North Street in advance of the site entrance private lane, prior to the horizontal curve (Figure 4). Figure 4: Site distances from the future private lane entrance Page 175 Municipality of Clarington Page 10 Report PSD-046-20 7.6 The sidewalk on North Street is currently on the west side and south of Grady Drive. When North Street is urbanized, it is likely that the sidewalk connection will continue on the west side. The report recommends that a pedestrian sidewalk be provided on both sides so that the pedestrians do not have to make mid-block crossings on North Street to access the sidewalk. Functional Servicing Report, last revision February 2019 7.7 A Functional Servicing Report was prepared by J and B Engineering Inc. The report provides details of how the site will be serviced. There were many discussions with agencies and departments on how the site will be serviced, especially since the subdivision to the north of this site will require a sanitary and sewer line larger than the one needed to service this site. The Region of Durham had suggested to the owner to wait for the lines to be installed in order to eliminate throw away cost for this development. The owner has decided to proceed to meet other timelines. Therefore, the report proposes the following:  An existing 150 mm watermain along North Street will service the site. The proposal indicates that a new 150 mm water service line and fire line will feed off the existing water line and connect to a metre room and back flow preve nter located on the property.  There are no existing sanitary services along the frontage of the property. The development will connect to the existing 200 mm sanitary line located northwest of the Monroe/North Street intersection. 7.8 The applicant has been addressing issues which has taken longer than expected. Therefore, the need for the temporary servicing may not be necessary, as the servicing for the subdivision to the north, North Village, is likely to commence next year. Stormwater Management Report, last revision February 2019 7.9 A Stormwater Management Report was prepared by J and B Engineering Inc. The report provides details of how the stormwater will be managed on site. There were many discussions with agencies and departments on an appropriate design of the drainage system in order to manage stormwater to control to the pre -development rates. The report proposes the following to deal with the stormwater:  The proposal will use a combination of drainage swales, underground storm chambers, perforated storm piping, and a storm sewer within the proposed private lane to manage the stormwater post development.  The stormwater will discharge to the existing ditch at a controlled release rate.  The proposed development will use normal water quality controls, such as using storm chambers where the water will be infiltrated through the soil before releasing to the road ditch. Page 176 Municipality of Clarington Page 11 Report PSD-046-20 Noise and Vibration Impact Study, September 2017 7.10 A Noise and Vibration Report was prepared by J.E. Coulter Associates Ltd. to determine the noise and vibration impacts from the CP Rail way adjacent to this site, as well as from traffic on North Street. The purpose is to determine whether it is necessary to incorporate noise and vibration control measures into the development. Based on the results of the study, it is recommended that a 6 metre acoustic barrier, comprising of a 3 metre earth berm and 3 metre acoustic fence be installed along the north side of the subject lands and wraps around to the west. At the west end of the barrier, the height will diminish to 3 metres along North Street. 7.11 The 3 metre earth berm allows the proposed dwellings to be closer than 30 metres to the tracks and will provide an extra safety measure. The berm itself does not provide any noise attenuation benefit because the tracks are elevated 5-6 metres above the site. The report also requires that all units proposed for this development must include a central air conditioning unit, prior to occupancy. In addition, warning clauses are to be included in the Purchase and Sale Agreements for all units within this proposal. 7.12 Façade improvements are also required to mitigate the noise and vibration levels, including window upgrades and brick veneering for all units. Walls facing away from the tracks (south facades) do no require brick veneering treatment. Furthermore, the vibration results indicate that the vibration levels are 3.5 times above the level of perception. Vibration control measures, such as rubber anti-vibration pads, or possibly foundation wall lining is required for the closest townhouse blocks, however the extent of the rail vibration will need to be determined by additional site testing to determine if it is needed for the other blocks. The detailed process will require further input from the proponent’s architect and structural engineer. Archaeological Assessment Stage 1 & 2 Report, June 2017 7.13 Stage 1 & 2 Archaeological Assessment of the site was completed by ASI, and a clearance letter was received from the Ministry of Tourism and Culture and Sport on Apr il 27, 2018, indicating that no further archaeological assessment of the site was warranted because the field investigation did not identify any archeological resources on the property. Environmental Site Assessment, March 2018 7.14 A Phase 1 Environmental Site Assessment was prepared by Canada Engineering Services Inc. to determine any potential site contamination. The report concluded that there was no evidence to indicate site contamination, historically, or from surrounding land uses, therefore a Phase 2 was not required for this site. 8. Public Submissions 8.1 A statutory public meeting was held on January 8, 2018. The concerns raised during the meeting and in correspondence received by staff include the following:  Concerns with the increased stormwater runoff from the proposed development. The area is already wet during the spring months, and the development may further Page 177 Municipality of Clarington Page 12 Report PSD-046-20 aggravate the existing issue and divert water from the subject lands onto neighbouring properties.  Proposal does not fit the existing neighbourhood in terms of proposed density, height (three storeys), unit type (townhouses), and the fact that there is a proposed subdivision already to the north of the site that can accommodate the majority of homes. There is no need to add more density to this location.  Removal of mature trees to accommodate the development proposal.  The increase in units would further aggravate the existing traffic issues on North Street. Concerns with the increased traffic from the proposed development and the safety of the private lane way access onto North Street.  Negative impacts to quality of life and home values.  Worried about privacy and impacts on adjacent properties, especially due to the height of the three storey building.  Lighting trespass from proposed development onto adjacent backyards.  Concerns with the aesthetics of the privacy fence that will be installed for the existing homes backing onto development.  Concerns that the proposal does not provide enough parking on the site to accommodate residents and visitors.  Opinions that the development should have two access points in the case of emergency if the private lane entrance is blocked.  Concerns with development proceeding in advance of the proposed subdivision to the north. The landowners to the north do not want the construction of the necessary infrastructure on North Street to occur on two different occasions. 8.2 Further discussions regarding the concerns from residents are contained in Section 11 of this report. 9. Agency Comments Canadian Pacific Rail 9.1 Canadian Pacific Rail is generally not in favour of residential development adjacent to their right-of-way’s as they do not view the land uses as compatible. As development adjacent to rail right-of-way’s is not always avoidable the rail company has created a set of guidelines for development adjacent to rail right-of-ways. The rail company has acknowledged that the setback to the right-of-way has been reduced to 25 metres with an increase in berm height which meets their requirements. The Noise & Vibration Feasibility report prepared by J.E. Coulter Associates Limited dated September 29, 2017 has been reviewed by the rail company and they agree with the recommendations and warning clauses to be included on title for the development. 9.2 Canadian Pacific Rail has no objections to proposed development. Page 178 Municipality of Clarington Page 13 Report PSD-046-20 Durham Region 9.3 Durham Region Planning, and Works and Transportation Departments have no objections to the proposal. The Region has identified that the proposed applications are consistent with Provincial Policy and Regional Planning Policy. The Region’s conditions have been included in the Conditions of Draft Plan Approval (Attachment 1). 9.4 Durham Region Works has confirmed that the lands can be serviced. However, the North Village development north of the rail corridor will be constructing external works on North Street including a new sanitary trunk sewer and new larger watermain. It is anticipated that those works will commence in advance of servicing the subject lands and the subject lands will no longer need to construct the local sanitary sewer as the site will be stubbed with the necessary connections as part of the North Village external works. Ganaraska Region Conservation Authority 9.5 Ganaraska Region Conservation Authority have no objections to the application s subject to the conditions identified in the draft conditions. Other Agencies 9.6 Enbridge, Rogers, Elexicon, the School Boards and Canada Post has no objections to the applications subject to conditions identified in the draft conditions. 10. Departmental Comments Public Works Department 10.1 The Public Works Department has no objections to the approval of the proposed development. The applicant will be responsible for installing the sidewalk on North Street from Monroe Street to the north side of the railway crossing. The stormwater management report and grading plan have been reviewed and staff are satisfied that the plan will work for the proposed development and not negatively impact the adjacent properties. Fire and Emergency Services Department 10.2 The Fire and Emergency Services Department had no objections to the approval of the application. Comments were provided regarding no parking signage for the private laneway and fire hydrants on site. These comments will be implemented through the Site Plan Approval process. Building Division 10.3 The Building Division has no objection to the approval of the application. Page 179 Municipality of Clarington Page 14 Report PSD-046-20 11. Discussion 11.1 The proposal is to develop a vacant 0.939 ha parcel of land. Its location abutting the Canadian Pacific Railway right-of-way requires noise attenuation as well as a berm for additional safety measures. The site has limited frontage on North Street, approximately 93 metres, and the site narrows moving from east to west. These factors increase the difficulty of developing the subject lands for a number of reasons and limit the opportunities and options like introducing new public roads. 11.2 The proposed development introduces a different form of housing, townhouses, from what is currently present in the surrounding neighbourhood. While townhouses are a different building form, the Official Plan encourages a range of ground related housing forms, provided they do not negatively impact existing neighbourhoods. The development will front the private lane with rear yards backing onto the existing single detached dwellings to the south and the rail right-of-way to the north. The proposed rear yard setbacks of the rear yard are between 7.5 metres and 10 metres. These setbacks are consistent with the typical minimum rear yard setbacks required for low density development including single detached and townhouse dwellings. The Official Plan encourages neighbourhoods to include many forms of housing choices to provide options to meet all resident’s needs, including current and future. 11.3 Blocks 2, 3 and 4, the most southerly blocks, have been designed to maximize the setback from the existing properties to the south. The minimum setback provided to the south property line is 7.5 metres, which is a typical minimum rear yard setback in the Zoning By- law. Ten of the twenty-one units have increased rear yard setbacks between 8.5 metres to just under 11 metres. The blocks have also been designed with the tallest portions of the buildings fronting onto the private lane in order to limit the height of the buildings adjacent to the existing properties to the south. Page 180 Municipality of Clarington Page 15 Report PSD-046-20 Figure 5: Side elevation of proposed Block 4. Blocks 2 and 3 have a similar profile. 11.4 The subject lands faced several challenges in order to service the site. The site has the railway to the north, with the required berm, existing external drainage from the east and the existing properties to the south. In order to service the lands, the grade must be altered and raised slightly, requiring a retaining wall at the south of the subject lands. The retaining wall is under 0.5 metres with the exception of one section behind Block 4 on the eastern side of the site where it reaches a maximum height of 0.65 metres. The site design includes stormwater swales on both sides of the retaining wall to ensure that stormwater is addressed for the subject site and any stormwater coming onto the site from the properties to the east. The retaining wall, fencing and swales on either side will form part of the common elements. Page 181 Municipality of Clarington Page 16 Report PSD-046-20 11.5 The site will be regraded to provide new stormwater sewers, swales, and infrastructure that will direct stormwater on the site to underground tanks and eventually release into the stormwater infrastructure on North Street at controlled rates. 11.6 Concerns have been raised over the amount of parking being provided on site. The Zoning By-law requires that each townhouse dwelling provide 2 parking spaces, one of which can be in a private garage. In addition, 0.25 visitor parking spaces must be provided per unit. The proposed development has provided 2 parking spaces for the townhouse dwelling units and eight visitor parking spaces, meeting the requirements of the Zoning B y- law. 11.7 The existing trees on the site will be removed in order to facilitate the development proposal. Majority of the existing trees are located in the south-east corner of the site where Block 4 is located. As part of the site plan approval a landscaping plan is required, and new trees have been proposed throughout the site including in the rear yard of the units in Block 2 to 4. 11.8 The site will include a 3 metre earth berm and 3 metre acoustic fence is be installed on the berm along the north side of the subject lands. The berm wraps around to the west, decreasing in height at the west side of the property. The proposed berm and fencing are required to mitigate noise and provide an increase level of safety from the CP Rail right -of- way. The berm and fencing are supported by the noise and vibration study submitted by the applicants and has been reviewed by CP staff. The combination of berm and fencing will diminish the appearance of the fence height which would be much taller without the berm. The berm and the fencing will be included in the common elements of the future condominium and warning clauses have been included in the conditions of approval . 11.9 The applicants submitted a Traffic Impact Study that identified that the proposed development will not have a negative impact on the service levels of traffic on North Street. Due to the curvature of the North Street, the report identified that warning signs are required alert drivers to the entrance. 11.10 At the public meeting members of the public inquired about the timing of the extension of Grady Drive, from it’s current terminus over Foster Creek. The Environmental Assessment has concluded, and road design is being finalized. These works are currently in the budget for 2024. 11.11 The land developer to the north identified concerns with the timing of the servicing of the subject lands and the extension of services to service North Village, north of the rail corridor. It appears that the installation of services to North Village will occur in the near future and that the subject site will be provided services from that extension instead of requiring temporary service connections. The Region of Durham is coordinating the service extension with the owners of North Village. If there were delays in servicing those lands, a temporary connection for subject lands could be revisited but that does not appear to be an issue at this time. Page 182 Municipality of Clarington Page 17 Report PSD-046-20 11.12 The applicant has also submitted an application for Site Plan approval. The site plan drawings identify the detail-oriented items like fencing, lighting, amenity space, etc. The applicants are proposing a 1.8 metre board privacy fence along the south property line, on the high side of the retaining wall. This will provide ad ditional privacy for the residents on the south side and ensure uniform fencing. Full cut off lighting is proposed on the private lane and where in close proximity to adjacent properties to ensure there is no light trespass. 11.13 As identified in Section 6 of this report the zoning would be approved with a holding symbol. The site plan cannot be finalized and registered until the subdivision has been registered. The applicants will also require a Plan of Condominium in the future to create the common elements. Once those details have been addressed a by-law would be brought forward to remove the holding on the zoning. 12. Conclusion 12.1 It is respectfully recommended that in consideration of all agency, staff and resident comments that the applications for Draft Plan of Subdivision and to amend Zoning By-law 84-63 to permit a 29 unit townhouse condominium development with a private lane at 355 North Street in Newcastle be approved as contained in Attachment 1 and 2 of this report. Staff Contact: Brandon Weiler, Planner, 905-623-3379 extension 2424 or bweiler@clarington.net. Attachments: Attachment 1 – Conditions of Draft Approval Attachment 2 – Zoning By Law Amendment Interested Parties: The following interested parties will be notified of Council's decision: Duro Bicanic Page 183 Page | 1 Conditions of Draft Approval File Number: S-C-2017-0011 Issued for Concurrence: October 08, 2020 Notice of Decision: _____________ Draft Approved: ________________ __________________________ Faye Langmaid, FCSLA, RPP Acting Director of Planning and Development Services Municipality of Clarington Part 1 – Plan Identification 1.The Owner shall have the final plan prepared on the basis of approved draft plan of subdivision S-C-2017-0011 prepared by Land Survey Group identified as job number LSG-3890C dated October 24, 2017, which illustrates a total of 29 common element condominium townhouse units, amenity area, water meter building, berm and acoustical fencing and a private lane. Part 2 – General 2.1 The Owner shall enter into a subdivision agreement with the Corporation of the Municipality of Clarington (the “Municipality”) that contains all of the terms and conditions of the Municipality’s standard subdivision agreement respecting the provision and installation of roads, services, drainage, other local services and all internal and external works and services related to this plan of subdivision. A copy of the Municipality’s standard subdivision agreement can be found at https://www.clarington.net/en/do-business/resources/application-forms/subdivision- agreement.pdf 2.2 The Owner shall name all private lanes included in the draft plan to the satisfaction of the Municipality and the Regional Municipality of Durham (the “Region”). 2.3 All works and services must be designed and constructed in accordance with the Municipality’s Design Guidelines and Standard Drawings. Architectural Control 2.4 (1) No building permit shall be issued for the construction of any building on any residential lot or block on the draft plan and the exterior architectural design of each model and building and the location of the building has been approved by the Director of Planning and Development Services. Page 184 Page | 2 Marketing and Sales 2.5 (1) The Owner shall prepare a Land Use Plan which shows the draft plan and surrounding land uses. The Land Use Plan shall be in a format approved by the Director of Planning and Development Services. (2) The Owner shall erect and maintain a sign on the development site and/or in the sales office which shows the Land Use Plan as approved by the Director of Planning and Development Services. (3) The Owner shall submit its standard Agreement of Purchase and Sale to the Director of Planning and Development Services which includes all warning clauses/ notices prior to any residential units being offered for sale to the public. Site Alteration 2.6 Draft plan approval does not give the Owner permission to place or dump fill or remove fill from or alter the grade of any portion of the lands within the draft plan. The Owner shall be required to obtain a permit from the Municipality under Site Alteration By-law 2008-114, as amended, for any such work. If any portion of the lands are within an area regulated by a conservation authority, the Owner shall obtain a permit from the conservation authority in addition to obtaining approval from the Director of Engineering Services regarding the intended haulage routes, the time and duration of the site alteration work and security relating to mud clean up, road damage and dust control in accordance with the Dust Management Plan in Section 4.7. After registration of a subdivision agreement, the provisions of the Municipality’s standard subdivision agreement shall apply to any proposed site alteration on the lands covered by the subdivision agreement. Part 3 – Plans and Reports Required Prior to Subdivision Agreement/Final Plan Registration 3.1 The Owner shall submit the following plans and report or revisions thereof: Phasing Plan (1) This plan of subdivision shall be developed in one registration. Noise Report (2) The Owner shall submit to the Director of Public Works - Infrastructure, the Director of Planning and Development Services and the Region, for review and approval, an updated noise report, based on the preliminary noise report entitled Noise & Vibration Impact Study Freehold Townhouse Condominium Development, prepared by J.E. Coulter Associates Limited, dated September 29, 2017. Page 185 Page | 3 Functional Servicing (3) The Owner shall submit an updated Functional Servicing Report satisfactory to the Director of Public Works - Infrastructure and Ganaraska Region Conservation Authority. Soils Management Plan (4) Prior to Authorization to Commence, the Owner shall provide a Soils Management Plan for review and approval by the Director of Public Works - Infrastructure. Such plan shall provide information respecting but not limited to any proposed import or export of fill to or from any portion of the Lands, intended haulage routes, the time and duration of any proposed haulage, the source of any soil to be imported, quality assurance measures for any fill to be imported, and any proposed stockpiling on the Lands. All imported material must originate from within the Municipality of Clarington. The Owner shall comply with all aspects of the approved Soils Management Plan. The Director may require the Owner to provide security relating to mud clean up, dust control and road damage. Dust Management Plan (5) Prior to Authorization to Commence Works, the Owner is required to prepare a Dust Management Plan for review and approval by the Director of Public Works - Infrastructure. Such plan shall provide a practical guide for controlling airborne dust which could impact neighbouring properties. The plan must: (a) identify the likely sources of dust emissions; (b) identify conditions or activities which may result in dust emissions; (c) include preventative and control measures which will be implemented to minimize the likelihood of high dust emissions; (d) include a schedule for implementing the plan, including training of on- site personnel; (e) include inspection procedures and monitoring initiatives to ensure effective implementation of preventative and control measures; and (f) include a list of all comments received from the Municipality, if any, and a description of how each comment was addressed. Part 4 –Special Terms and Conditions to be Included in the Subdivision Agreement 4.1 Lands Requiring Site Plans The owner shall not make an application for a building permit in respect of Block 1 until the Owner has received site plan approval from the Municipality under Section 41 of the Planning Act, R.S.O. 1990, C.P.13. Page 186 Page | 4 4.2 Parkland The Owner shall pay the Municipality an amount in lieu of conveying land for park or other public recreational purposes under section 5.1. of the Planning Act, R.S.O. 1990, c.P.13. The Owner acknowledges that this amount, represents either 5% or at the rate of 1 hectare of land for each 300 dwelling units of the lands included in the draft plan and shall be based on the value of the Lands as of the day before the approval of draft Plan of Subdivision S-C-2017-0011. 4.3 Noise Attenuation (1) The Owner shall implement the noise and vibration measures recommended in the updated noise and vibration report entitled “Noise and Vibration Impact Study Freehold Townhouse Condominium Development Lot 28, Concession 2 North Street Town of Newcastle” prepared by J.E. Coulter associates Limited and dated September 29, 2017 (the “Noise Report”). (2) The Owner shall not make an application for a building permit for any building on the Lands until an acoustic engineer has certified that the plans for the building are in accordance with the Noise and Vibration Report. A revised report will be required to be submitted to provide additional information. 4.4 Common Elements The Owner agrees to identify to purchasers and shall include the following site features as common elements within the future condominium plan: Retaining Wall Acoustic Fencing Berm Amenity Area Visitor Parking Wooden Privacy Fencing Black vinyl chain link fencing 4.5 Short Term Leases and Rentals Upon the transfer of the POTL’s, the Owner agrees to register covenants and restrictions under Section 119 under the Land Titles Act prohibiting any short-term, less than 30 days rental or lease of any dwelling unit(s) that is/are reliant on and benefit from the common elements condominium. A draft is to be provided to the Municipal Solicitor’s office for review and approval, prior to registration. Part 5 – Agency Conditions 5.1 Region of Durham (1) The Owner shall prepare the final plan for the development on the basis of the approved draft plan of subdivision, prepared by Land Survey Group, identified as Project & Drawing No. LSG-3890C, dated October 24, 2017, Page 187 Page | 5 which illustrates one residential block for 29 common element condominium townhouses. (2) Prior to the finalization of this plan of subdivision, the Owner must provide satisfactory evidence to the Regional Municipality of Durham in accordance with the Region’s Site Contamination Protocol to address site contamination matters. Such evidence may include the completion of a Regional Reliance Letter and Certificate of Insurance. Depending on the nature of the proposal of the finding of any Record of Site Condition (RCS) Compliant Phase One Environmental Site Assessment (ESA), an RCS Compliant Phase Two ESA may also be required. The findings of the Phase Two ESA could also necessitate the requirement for an RSC through the Ministry of the Environment and Climate Change, accompanied by any additional supporting information. (3) The Owner shall submit to the Regional Municipality of Durham for review and approval, a revised noise report prepared by an acoustic engineer based on projected traffic volumes provided by the region of Durham Planning and Economic Development Department and recommending noise attenuation measures in a development agreement in accordance with the Ministry of the Environment and Climate Change (MOECC guidelines. The Owner shall agree in an appropriate development agreement to the satisfaction of the Region to implement the recommended noise control measures. The agreement shall contain a full and complete reference to the noise report (i.e. author, title, date and any revisions/addenda thereto) and shall include any required warning clauses identified in the acoustic report. The Owner shall provide the Region with a copy of the agreement containing such provisions prior to final approval of development. (4) The Owner shall grant to the Region any easements required for provision of Regional services for this development and these easements shall be in the location and of such widths as determined by the Region. (5) The Owner shall provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within, the limits of this plan that are required to service this plan. In addition, the Owner shall provide for the extension of sanitary sewer and water supply facilities within the limits of the plan which are required to service other developments external to this subdivision. Such sanitary sewer and water supply facilities are to be designed and constructed according to the standards and requirements of the Region. All arrangements, financial and otherwise, for said extensions are to be made to the satisfaction of the Region and are to be completed prior to final approval of this plan. (6) Prior to entering into a subdivision agreement, the Region shall be satisfied that adequate water pollution control plant and water supply plant capacities are available to the proposed subdivision. Page 188 Page | 6 (7) The Owner shall satisfy all requirements, financial and otherwise, of the Region. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Region concerning the provision and installation of sanitary sewers, water supply, roads and other regional services. 5.2 Conservation Authority (1) Prior to any on-site grading or construction of final registration of the Plan, the Owner shall submit and obtain approval from the Municipality of Clarington, and the Ganaraska Region Conservation Authority for reports describing the following: (a) The intended means of conveying stormwater flow from the site, including use of stormwater techniques which are appropriate and in accordance with the provincial guidelines. [The stormwater management facilities must be designed and implemented in accordance with the recommendations of the Master Plan]; (b) The anticipated impact of the development on water quality, as it relates to fish and wildlife habitat once adequate protective measures have been taken. (c) The means whereby erosion and sedimentation and their effects will be minimized on the site during and after construction in accordance with the provincial guidelines. The report must outline all actions to be taken to prevent an increase in the concentration of solids in any water body as a result of on-site or other related works, to comply with the Canada Fisheries Act; and (2) The Owner shall satisfy all financial requirements of the Ganaraska Region Conservation Authority. This shall include Application Processing Fees and Technical Review Fees as per the approved Authority Fee Schedule. 5.3 School Board (1) The Owner shall agree to include in all offers of purchase and sale a statement that advises the prospective purchaser that attendance at the local public schools may not be guaranteed due to rising accommodation pressures. Pupils may be accommodated in temporary facilities and/or directed to schools outside the area in accordance with continued development and accommodation pressures. 5.4 Canadian Pacific Railway (1) The Owner agrees to construct a berm in combination with a noise attenuation fence, having extensions or returns at the ends, to be erected on lands within the Plan of Subdivision and parallel to the railway right-of-way with construction according to the following: Page 189 Page | 7 (a) The barrier is to extend along the northern extent of the property, parallel to the rail line, with appropriate termination of the berm and fence towards the west and east end of Block 1. A 6 metre high acoustic barrier comprising a 3 m high earth berm and 3 m high acoustic fence is proposed between Block 1 and the CP railway. At the west end of the barrier, the height will diminish to 3 m along the wrap toward North Street. The acoustic barrier is approximately 116 metres long.; (b) Berm minimum height 3 metres and side slopes not steeper than 2.5 to 1; and (c) Fence or wall, to be constructed without openings and of a durable material weighing not less than 20 kg per square metre (4 lbs./sq. ft.) of surface density. (d) No part of the berm/noise barrier is to be constructed on railway property. (2) The Owner shall insert a clause in all Offers of Purchase and Sale or Lease, and be registered on title or included in the lease for all 29 dwelling units, advising that any berm, fencing, or vibration isolation features implemented are not be to tampered with or altered, and further that the Owner shall have the sole responsibility for, and shall maintain these features. (3) The Owner agrees to implement all recommendations and mitigation measures in noise report entitled Noise & Vibration Impact Study Freehold Townhouse Condominium Development, prepared by J.E. Coulter Associates Limited, dated September 29, 2017. (4) Setback of dwellings from the railway right-of-way to be a minimum of 25 metres. While no dwelling should be closer to the right-of-way than the specified setback, an unoccupied building, such as a garage, may be built closer. The 3 metre high earth berm adjacent to the right-of-way must be provided in all instances. (5) Ground vibration transmission to be estimated through site tests. If in excess of the acceptable levels, all dwellings within 75 metres of the nearest railway track should be protected. The measure employed may be: (a) Support the building on rubber pads between the foundation and the occupied structure so that the maximum vertical natural frequency of the structure on the pads is 12 H2; (b) Insulate the building from the vibration originating at the railway tracks by an intervening discontinuity or by installing adequate insulation outside the building, protected from the compaction that would reduce its effectiveness so that vibration in the building became unacceptable; Page 190 Page | 8 (c) Other suitable measures that will retain their effectiveness over time. (6) The Owner shall insert a clause in all Offers of Purchase and Sale or Lease and in the title deed or lease of each dwelling within 300 m of the railway right-of-way warning prospective purchasers or tenants of the existence of the Railway’s operating right-of-way; the possibility of alterations including the possibility that the Railway may expand its operations, which expansion may affect the living environment of the residents notwithstanding the inclusion of noise and vibration attenuating measures in the design of the subdivision and individual units, and that the Railway will not be responsible for complaints or claims arising from the use of its facilities and/or operations. (7) The Owner shall obtain concurrence from the Railway should any proposed alterations to the existing drainage pattern affect railway property and be substantiated by a drainage report to be reviewed by the Railway. (8) The Owner shall construct and maintain a 1.83 metre high chain link security fence along the common property line of the Railway and the development by the Owner at his expense, and the Owner is made aware of the necessity of including a covenant running with the lands, in all deeds, obliging the purchasers of the land to maintain the fence in a satisfactory condition at their expense. (9) The Owner shall obtain approvals from the Railway should any proposed utilities under or over railway property to serve the development prior to their installation and be covered by the Railway’s standard agreement. 5.5 Canada Post Corporation (1) Tomba Enterprises Ltd. covenant and agree to provide the Municipality of Clarington with evidence that satisfactory arrangements, financial and otherwise, have been made with Canada Post Corporation for the installation of Community Mail Boxes (CMB) as required by Canada Post Corporation and shown on the approved engineering design drawings/Draft Plan, at the time of sidewalk and/or curb installation. Tomba Enterprises Ltd. further covenant and agree to provide notice to prospective purchasers of the locations of CMBs and that home/business mail delivery will be provided via CMB. (2) The Owner shall satisfy the following requirements of Canada Post Corporation and the Municipality with respect to the provision of mail delivery to the Subdivision Lands and the provision of community mailbox locations, as follows: (a) The developer will consult with Canada Post to determine suitable permanent locations for the Community Mail Boxes or Lock box Assemblies (Mail Room). The developer will then indicate these locations on the appropriate servicing plans Page 191 Page | 9 (b) The developer agrees, prior to offering any units for sale, to display a map on the wall of the sales office in a place readily accessible to potential homeowners that indicates the location of all Community Mail Boxes or Lock Box Assemblies (Mail Room)., within the development, as approved by Canada Post. (c) The owner/developer will be responsible for officially notifying the purchasers of the exact Community Mailbox locations prior to the closing of any home sales with specific clauses in the Purchase offer, on which the homeowners do a sign off (d) The Builder/Owner/Developer will confirm to Canada Post that the final secured permanent locations for the Community Mailboxes will not be in conflict with any other utility; including hydro transformers, bell pedestals, cable pedestals, flush to grade communication vaults, landscaping enhancements (tree planting) and bus pads. (e) The developer agrees to include in all offers of purchase and sale a statement which advises the purchaser that mail will be delivered via Community Mail Boxes or Lock Box Assemblies (Mail Room). The developer also agrees to note the locations of all Community Mail Boxes or Lock Box Assemblies (Mail Room)., within the development, and to notify affected homeowners of any established easements granted to Canada Post to permit access to the Community Mail Boxes or Lock Box Assemblies (Mail Room). (f) The owner/developer will agree to prepare and maintain an area of compacted gravel to Canada Post’s specifications to serve as a temporary Community Mailbox location. This location will be in a safe area away from construction activity in order that Community Mailboxes may be installed to service addresses that have occupied prior to the pouring of the permanent mailbox pads. This area will be required to be prepared a minimum of 30 days prior to the date of first occupancy. (g) The owner/developer will install concrete pads at each of the Community Mailbox locations as well as any required walkways across the boulevard and any required curb depressions for wheelchair access as per Canada Post’s concrete pad specification drawings. (h) The developer agrees to provide the following for each Community Mail Boxes or Lock Box Assemblies, and to include these requirements on the appropriate servicing plans: (if applicable) i. - Any required walkway across the boulevard, per municipal standards. ii. - If applicable, any required curb depression for wheelchair access, with an opening of at least two meters (consult Canada Post for detailed specifications). Page 192 Page | 10 5.6 Utilities (1) The Owner shall coordinate the preparation of an overall utility distribution plan that allows for the safe installation of all utilities including the separation between utilities to the satisfaction of the Director of Public Works - Infrastructure. (2) All utilities will be installed within the proposed road allowances. Where this is not possible, easements will be provided at no cost to the utility provider. Proposed easements are not permitted on lands owned by the Municipality unless it can be demonstrated that there is no other alternative. Such easements must not impede the long term use of the lands and will be at the discretion of the Director of Public Works - Infrastructure. (3) The Owner shall cause all utilities, including hydro, telephone, and cable television within the streets of this development to be installed underground for both primary and secondary services. Part 6 – Standard Notices and Warnings 6.1 The Owner shall include a clause in Agreements of Purchase and Sale for all Lots informing the purchaser of all applicable development charges in accordance with subsection 58(4) of the Development Charges Act, 1997, S.O. 1997, C.27. 6.2 The Owner shall include the notices and warnings clauses set out in Schedule 3 of the Municipality’s standard subdivision agreement in Agreements of Purchase and Sale for all Lots or Blocks. 6.3 The Owner shall include the following notices and warning clauses in Agreements of Purchase and Sale for the Lots or Blocks to which they apply: 6.4 Noise Report (1) The Owner shall include the following notice in the Agreements of Purchase and Sale for Units/Lots 2 to 21: “Purchasers/tenants are advised that sound levels due to increasing road and rail traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the Municipality’s and the Ministry of the Environment and Climate Change noise criteria.” “The dwelling unit has been supplied with a central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the Ministry of the Environment’s noise criteria.” (2) The Owner shall include the following notice in the Agreements of Purchase and Sale for Units/Lots 1 and 22 to 29: Page 193 Page | 11 “Purchasers/tenants are advised that despite the inclusion of noise control features in the development and within the building units, sound levels due to increasing road and rail traffic may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the Municipality’s and the Ministry of the Environment and Climate Change noise criteria.” “The dwelling unit has been supplied with a central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the Ministry of the Environment’s noise criteria.” (3) The Owner shall include the following notice in the Agreements of Purchase and Sale for Units/Lots 1-29: “All persons intending to acquire an interest in the real property by purchase or lease are advised of the existence of the right-of-way of the Canadian Pacific Railway. In future, it is possible that such rail facilities and operations may be altered or expanded, which expansion or alteration may affect the living environment of residents despite the inclusion of noise and vibration attenuating measures in the design of the subdivision and individual units and that the Canadian Pacific Railway will not be responsible for complaints or claims arising from its use of its facilities and/or arising from its operations.”. 6.5 Railway Noise, Vibrations and Fencing (1) The Owner shall include the following notice in the Agreements of Purchase and Sale for Unit/Lots 1 to 29: “Railway Fencing – The berm, fencing and/or other noise attenuation measures on this lot have been constructed in compliance with the recommendations of the noise and vibration attenuation report prepared by J.E. Coulter Associates Limited, dated September 29,2017. These features are not to be tampered with or altered and further that the owner of the lot shall have the sole responsibility for the maintenance of these measures to the satisfaction of Canadian Pacific Railway and the Municipality of Clarington. Tomba Enterprises Ltd. is obligated to construct a 1.83 metre high chain link fence along the common property line of the Railway and this lot, but it will be the obligation of the owner of the lot to maintain the fence in a satisfactory condition at their expense.” Page 194 Page | 12 (2) The Owner shall include the following notice in the Agreements of Purchase and Sale for Units/Lots 1 to 29: “Railway Noise and Vibration – Purchasers are warned of the existence of Canadian Pacific Railway's operated right-of-way and the possibility of alterations to or an expansion of its rail facilities thereon in the future, including the possibility that the Railway may expand its operation, which expansion may affect the living environment of the residents notwithstanding the inclusion of noise and vibration attenuating measures in the design of the subdivision and individual units, and that the Railway will not be responsible for complaints or claims arising from the Railway's use of its facilities and/or operations.” (3) The Owner shall include the following warning clause in agreements of purchase and sale for Lots 1 to 29: “Purchasers are advised that due to the proximity of this dwelling to the nearby railway tracks, vibration from the rail pass by may occasionally be perceptible within this unit.” (4) The Owner shall include the following warning clause in agreements of purchase and sale for Lots 1 to 29: “The Owner shall insert a clause in all Offers of Purchase and Sale or Lease, and be registered on title or included in the lease for each dwelling affected by any noise and vibration attenuation measures, advising that any berm, fencing, or vibration isolation features implemented are not be tampered with or altered, and further that the owner shall have the sole responsibility for and shall maintain these features.” (5) The Owner shall include the following warning clause in agreements of purchase and sale for Units/Lots 1 to 29: “The Owner shall insert a clause in all Offers of Purchase and Sale or Lease and in the title deed or lease of each dwelling within 300 m of the railway right-of-way, warning prospective purchasers or tenants of the existence of the Railway’s operating right-of-way; the possibility of alterations including the possibility that the Railway may expand its operations, which expansion may affect the living environment of the residents notwithstanding the inclusion of noise and vibration attenuating measures in the design of the subdivision and individual units, and that the Railway will not be responsible for complaints or claims arising from the use of its facilities and/or operations.” Page 195 Page | 13 (6) The Owner shall include the following warning clause in agreements of purchase and sale for Units/Lots 1 to 29: “Purchasers and tenants are notified that despite measures to attenuate noise caused by the adjacent railway, whistling from oncoming trains may be heard on a regular basis. Train whistling protocol is regulated and enforced by Transport Canada. 6.6 Privacy Fencing The Owner shall include the following notice in the agreements of purchase and sale for Units/Lots 1 to 21: “Privacy Fencing – Privacy fencing is a required feature on this lot and it must be located on the shared property line. Maintenance of this privacy fencing is the shared responsibility of the abutting property owner after the developer has been released from any further responsibility for the fence.” 6.7 Noise Attenuation Fencing The Owner shall include the following notice in the agreements of purchase and sale for Units/Lots 1 and 22 to 29: “Noise Attenuation Fencing - Noise attenuation fencing is a required feature for this lot to assist in reducing the noise levels to comply with Ministry of the Environment standards. This fencing must be located on the private property portion of the lot and must be designed and constructed in compliance with the recommendations of the noise attenuation report prepared by J.E. Coulter Associates Limited dated September 29, 2017. The maintenance of this fencing is the responsibility of the owner of the lot after the developer has been released from any further responsibility for the fence.” 6.8 Canada Post Corporation The Owner shall include the following notice in the agreements of purchase and sale for all lots: “Mail Service - Purchasers are advised that Canada Post intends to service this property through the use of community mailboxes that may be located in several locations within this subdivision.” Part 7 - Clearance 7.1 Prior to final approval of the plan for registration, the Municipality’s Director of Planning Services shall be advised in writing by, (a) the Region how Conditions 6.1 have been satisfied; (b) the Ganaraska Region Conservation Authority how Conditions6.2 have been satisfied; Page 196 Page | 14 (c) the Canadian Pacific Railway how Conditions 6.4 have been satisfied; (d) Canada Post how Conditions 6.5 have been satisfied; Part 8 – Notes to Draft Approval 8.1 Terms used in these conditions that are not otherwise defined have the meanings given to them in the Municipality’s standard subdivision agreement. 8.2 As the Owner of the proposed subdivision, it is your responsibility to satisfy all conditions of draft approval in an expeditious manner. The conditions of draft approval will be reviewed periodically and may be amended at any time prior to final approval. The Planning Act provides that draft approval, may be withdrawn at any time prior to final approval. 8.3 If final approval is not given to this plan within three (3) years of the draft approval date, and no extensions have been granted, draft approval shall lapse and the file shall be closed. Extensions may be granted provided valid reason is given and is submitted to the Director of Planning Services for the Municipality of Clarington well in advance of the lapsing date. 8.4 Where an agency requirement is required to be included in the Municipal subdivision agreement, a copy of the agreement should be sent to the agency in order to facilitate their clearance of conditions for final approval of this plan. The addresses and telephone numbers of these agencies are: (a) Durham Regional Planning Department, 605 Rossland Road East, P.O. Box 623, Whitby, Ontario L1N 6A3 (905) 668-7721. (b) Ganaraska Region Conservation Authority, Box 328, Port Hope, Ontario LIA 3W4 (905) 885-8173. (c) Canadian Pacific Railway, 1290 Central Parkway West, Suite 800, Mississauga, Ontario L5C 4R3. (d) Canada Post, Metro Toronto Region, 1860 Midland Ave. 2nd Floor Scarborough ON, M1P 5A1 C:\Users\TG03\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\1WHCA9N4\S-C 14 - Conditions of Draft Approval.docx Page 197 Attachment 2 to Report PSD-046-20 C:\Program Files\eSCRIBE\TEMP\14444073415\14444073415,,,Attachment 2 to Report PSD-046-20.docx Corporation of the Municipality of Clarington By-law Number 2020-______ being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA2017-0033; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 14.6 “Special Exceptions – Urban Residential Type Three (R3) Zone” is amended by adding Special Exception Zone 14.6.61 as follows: “14.6.61 Urban Residential Exception (R3-61) Zone Notwithstanding Sections 3.1 b., c., g. iv), 3.22 g.; 14.1 a.; 14.4 b., c., e., f., g., and h. those lands zoned R3-61 on the Schedules to this By-law shall only be used for link townhouse dwellings having frontage on a private street. , The following regulations apply to each Link Townhouse Dwelling as if each unit is located on a lot: a. Lot Area (minimum) i. Interior Lot 120 square metres ii. Exterior Lot 160 square metres b. Lot Frontage (minimum) i. Interior Lot 5.0 metres ii. Exterior Lot 6.7 metres c. Yard Requirements (minimum) i. Front Yard 4.0 metres to a dwelling 3.5 metres to an unenclosed porch 6 metres to a garage door ii. Exterior Side Yard 1.5 metres to a dwelling iii. Interior Side Yard 1.5 metres, nil where building has a common wall with any adjacent building Page 198 on an adjacent lot iv. Rear Yard 6.0 metres to a dwelling where adjacent to the railway property line 5.5 metres v. Setback from railway property line 25 metres d. Special Yard Regulations i. Steps may project into the required front or exterior side ya rd, but in no instance shall the front or exterior side yard be reduced below 1.2 metres. e. Lot Coverage i. Link Townhouse dwelling 50 percent ii. Total of all buildings and structures 55 percent f. Landscaped Open Space (Minimum) 25 percent g. Building Height 11.7 metres h. Height of floor deck of unenclosed porch above finished grade (maximum) 1.65 metres i. No parking space shall be located in any exterior side yard j. Minimum setback for a water meter building from North Street 1.8 metres 2. Schedule ‘5’ to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Urban Residential Exception (R1-1) " to "Holding - Urban Residential Exception (R3-61) Zone" as illustrated on the attached Schedule ‘A’ hereto. 3. Schedule ‘A’ attached hereto shall form part of this By-law. 4. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. By-Law passed in open session this _____ day of ____________, 2020 __________________________ Adrian Foster, Mayor __________________________ C. Anne Greentree, Municipal Clerk Page 199 Page 200 Presentations and Handouts Minister’s Zoning Order for Building Supply Outlet Does not Comply with PPS, Durham and Clarington OP and Zoning Bylaw 84-63 •Appointed DG Biddle Consulting Engineers & Planning to review current Bowmanville location water use •Daily Water Usage: 0.67m³ -1.1m³ •No more than a single-family residence •Current Zoning C4-6 for Restaurant •Keg Steakhouse Case Study, Daily Water Usage: 17.8m³ -19.2m³ •Successful installation at sister store located in Alliston, ON •Septic plans meet and exceed Ontario Building Code •Any paint, fuel, or oils that require disposal we deliver to recycling facilities •Actively inspect and maintain septic area –cutting grass, etc. to all for maximum evapotranspiration •Successful installation at sister location in Alliston, ON •Fire pump plans meet and exceed Ontario Building Code •Pump engine, water reservoir, combination of wet and dry system •Fire protection system built into alarm system •Actively maintain and inspect fire protection system, weekly & annual testing •Successful installation at sister store in Alliston, ON 355 North Street Clarington, ON Draft Plan of Subdivision & Zoning By-law Amendment October, 2020 LOCATION •The subject lands are currently vacant. •Located on the east side of North Street, south of the CP Railway & North of Monroe Street •The applicant seeks to development the lands with 29 residential townhomes with access through a future common element condominium road. •The subject site is 0.94 hectares (2.32 acres) •The development includes a private amenity area, an acoustic berm, and visitor parking CLARINGTON OFFICIAL PLAN CLARINGTON ZONING BY-LAW APPLICATION HISTORY •Applications for a Zoning By-law Amendment and Draft Plan of Subdivision on the subject lands were filed on October 4, 2017. •A public meeting was held on January 8, 2018, in which public comments and concerns on the application were received. •A number of revisions and technical details were provided through working meeting with Town staff and through the feedback received from the public. The changes included: •Updated traffic assessment and implementation of warning signs •Improved amenity features •Stormwater retention & servicing connections •Noise fencing •Building façade improvements & Noise Warning Clauses •Improved rear yard setbacks •Improved tree planting opportunities. PROPOSED DRAFT PLAN CONCLUSION •The proposed Draft Plan of Subdivision and Zoning By-law Amendment is consistent with numerous policy directions articulated in the PPS, the Growth Plan, the Region of Durham Official Plan, & the Township of Clarington Official Plan. The proposed development represents good planning. •Batory Management is in support of the staff recommendation report, in that the applications for Draft Plan of Subdivision and to amend Zoning By-law 84-63 to permit a 29 unit townhouse condominium development with a private lane at 355 North Street in Newcastle be approved. THANK YOU Delegation by W. Bracken to Clarington Planning and Development Committee October 26, 2020 Communications Item 10.1 Memo from Planning and Development Services, Regarding St. Mary's Cement, Alternative Low Carbon Fuels Environmental Compliance Approval Amendment -Comments from Dillon Consulting Limited, Air Quality Advisor Scope of Work Outlined in Memo PLN 21.2.7.3 Dillon Memo did not confirm “key technical aspects”; States that methods “appear to be reasonable” But we know TECHNICAL ISSUES MATTER CLARINGTON RESIDENTS DESERVE BETTER!! Dillon review extremely limited and acknowledges “small number of data points”and singular document “literature review”; How does that provide evidence to support no additional studies required? CLARINGTON RESIDENTS DESERVE BETTER!! Dillon Report Does Not Even Mention O.Reg.419/05 Change Extremely Relevant to this Application https://www.ontario.ca/laws/regulation/050419 St Marys Predicted Sulphur Dioxide Concentration Greatly Exceeds 2023 Regulatory Limit (Table 7 of the Emission Summary and Dispersion Modelling Report in Support of an Alternative Low-Carbon Fuel Application under Ontario Regulation 79/15 to amend an Environmental Compliance Approval (Air) with Limited Operation Flexibility, BCX Environmental Consulting, March 2020) •1-hour SO2 maximum POI concentration is 487 •70.6% of the 1960’s standard of 690 •487% of the new amended Regulation 419 standard of 100 •Conclusions regarding SO2 in St Marys application and Dillon memo employ, while current, a very old Reg. 419 standard based on a 1966 study –over fifty (50) years old(!) –yet reviewer fails to bring to attention that St Marys did not even include a comparison applying the new amended Regulation 419 standard that comes into effect less than three (3) years from now (July 2023) –this is unacceptable especially when use of the new standard would show this application predicts emissions that will greatly exceed it CLARINGTON RESIDENTS DESERVE BETTER!! Sulphur Dioxide Emissions Highest with Alternative Fuel (ALCF) (Calculation Sheet 1-Kiln Stack Emissions of the Emission Summary and Dispersion Modelling Report in Support of an Alternative Low- Carbon Fuel Application under Ontario Regulation 79/15 to amend an Environmental Compliance Approval (Air) with Limited Operation Flexibility, BCX Environmental Consulting, March 2020) •The emission rate of SO2 was greatest when the ALCF fuel was used. •The emission rate for ALCF was 169 g/s which was 48.2% higher than the emission rate for the conventional fuel (which was 114 g/s). •the modelled SO2 emission rate also appears to be understated as it was not prorated to reflect the maximum tonnages St Marys has applied for in this application (emissions were for 288 tonne/day scenario, not 400 tonne/day) •It also appears that the modelled emission rates were also not prorated for PM, NOx, CO, and ammonia while rates were prorated for other pollutants Predicted Nitrogen Oxide Concentration Exceeds Relevant CAAQ Table 7 of the Emission Summary and Dispersion Modelling Report in Support of an Alternative Low-Carbon Fuel Application under Ontario Regulation 79/15 to amend an Environmental Compliance Approval (Air) with Limited Operation Flexibility, BCX Environmental Consulting, March 2020 •1-hour NOx maximum POI concentration is 280 which is 70.1% of the dated standard of 400 , but this POI concentration greatly exceeds (is close to three times) the updated relevant Canadian Ambient Air Quality Standard (CAAQS) of 60 ppb •Clarington needs to comment to the MECP about this. Remind the Ministry of the following written comments I received in response to questions I submitted after June 2019 meeting: “The ministry also expects to use the new CAAQS to monitor ambient air quality and evaluate long-term trends and to identify areas that may have local air quality concerns due to pollution from transportation, industry and other sources.” “The new CAAQS could also be considered as part of the evaluation of the human health risk assessment (HHRA) if submitted as part of an Environmental Assessment (EA). It is important to note that a HHRA carried out as part of an EA is not used as a compliance tool.” Particulate (PM) and Fine Particulate (PM2.5) Concentrations Were Higher When ALCF Burned •Calculation Sheet 1-Kiln Stack Emissions in the Emissions Summary and Dispersion Modelling Report, March 2020 shows that the particulate (PM) stack emission rate was highest when the ALCF fuel was burned. •Particulate matter PM10, and fine particulate PM2.5 emission rates also increased when the ALCFs were burned. This is documented on pages 207, 214, 221, 228 of the Alternative Fuel Demonstration Project Summary Report (BCX, May 2019). •The St Marys application does not assess nor even acknowledge ultrafine particulates as a pollutant of concern and a potential health risk, but they may indeed impose the highest risks. Dioxins and Furans Big Concern When Plastics Are Burned •Demonstration data shows that dioxin and furan stack concentrations for the Trial 1 alternative fuel, which included post-consumer paper, were 20% higher than conventional fuel and more than double those for the Trial 2 alternative fuel which contained no paper (Slide 8 of the St Marys Public Information handout titled Alternative Low Carbon Fuel Annual Source Testing and Demonstration Trial Results, September 5, 2019 found in Appendix C of St Marys Consultation Report) •This is more evidence that there has been inadequate testing and analysis completed to support their application which seeks to burn a wide range of alternative low carbon fuels. •More ambient monitoring (including long-term continuous sampling for dioxins and furans) would be necessary for any such undertaking Alternative Fuel Test Results Raise Questions Results below are from Alternative Fuel Demonstration Summary Report, May 2019,by HDR, Table 3-4 Comparison of Alternative Fuel Test Results to the Target Values for Alternative Fuel Specifications and Table 3-5 •Total Halogen Content of the ALCF burned in Trial 2 (the trial which proceeded) was 1.36% which exceeded the 1% criterion set by St Marys. •The ALCF fuel for Trial 2 had much higher % weights for Total Halogen Content, Chlorine, and Sulphur than Trial 1 (differing by factors of 7.56, 8.25, and 1.15 respectively •mass ratios ()of numerous heavy metals/toxins are much higher in the ALCF burned in Trial 2. Much higher mass ratios were reported for antimony, barium, chromium, cobalt, iron, and manganese Concern of Increased Respiratory and Toxic Load With Burning ALCF •The limited data collected from the demonstration project did show that kiln stack emission rates increased for roughly 30% of the chemicals of potential concern when the ALCFs were burned.(See Slide 31 of Alternative Low Carbon Fuel Use at St Marys Cement Bowmanville Plant, December 17, 2019 handed out at Public Meeting #2 in Appendix C of the Consultation Report) St Marys Needs to Fix Current Situation First •St Marys needs to focus on reducing sulphur dioxide, nitrogen dioxide and particulate emissions first before burning garbage; •Best cement kiln emission control practices should be investigated including carbon injection to control mercury/dioxin and furan/other pollutants Please ensure Clarington residents get: •Analysis that includes relevant technical information (including age of standards used) and acknowledges updated standards including that predicted sulphur dioxide concentration exceeds 2023 limit; Clarington must express concern that SO2 concentrations greatly exceed 2023 standard •Further analysis of sulphur dioxide, nitrogen dioxide, particulate and fine particulate matter, dioxins/furans and other toxins of burning ALCF •Remarks on emerging science on ultrafine particulates •An answer with appropriate follow-up to the question: Did St Marys fail to pro-rate emissions for certain pollutants? •Clear comments expressing concern regarding the limited scope/small number of data points of the St Marys study which seeks approval for such a major operational change –the St Marys study was too limited, only analyzed one blend and questions remain on alternative fuel tests •More detailed comments regarding more ambient monitoring needed and for a range of pollutants of concern •A review of best practices for cement kilns burning alt fuel Request for Minister’s Zoning Order 2423 Rundle Road 2423 Rundle Road Environmental Protection Rural Urban Residential Urban Centre Provincial Policy and Official Plan (Community Vision) Official Plan (Community Vision) Economic growth Environmental protection Agricultural preservation Sustainable development Manage growth –Locate commercial uses in urban areas Commercial Planning Former Target store (Bowmanville) C4-6 Development Approval Process Regional Official Plan Amendment If the use is permitted… Clarington Official Plan Amendment Zoning By-law Amendment Site Plan Approval Building Permit Requested Minister’s Zoning Order Minister’s Zoning Order Regional Official Plan Amendment Clarington Official Plan Amendment Zoning By-law Amendment Site Plan Approval Building Permit Public Comments Job creation and growth Extend municipal services Development standards Environmental protection Local wells Traffic Impact on commercial market Agency Comments Durham Regional Planning and Economic Development Not supported by policy Agency Comments Durham Regional Planning and Economic Development Not supported by policy CLOCA Natural Heritage System Agency Comments Durham Regional Planning and Economic Development Not supported by policy CLOCA Natural Heritage System Clarington Public Works Servicing Traffic 2423 Rundle Road