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)
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Copies of Reports are available at www.clarington.net/archive
*Late Item added after the Agenda was published.
Pages
1.Call to Order
2.Land Acknowledgment Statement
3.New Business – Introduction
Members of Committee are encouraged to provide the Clerk’s Department, in
advance of the meeting, a copy of any motion the Member is intending to
introduce, (preferably electronic) such that staff could have sufficient time to
share the motion with all Members prior to the
meeting.
4.Adopt the Agenda
5.Declaration of Interest
6.Announcements
7.Adoption of Minutes of Previous Meeting
7.1.Minutes of a Regular Meeting of 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
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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.
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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.
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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.
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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.
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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.
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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
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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
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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)
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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.
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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.
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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.
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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).
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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Faye Langmaid, FCSLA, RPP
Acting Director of Planning and Development Services
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Staff Report
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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.
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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.
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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.
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Report PSD-043-20
Figure 1 - Locations for New Municipal EV Charging Stations
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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;
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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
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Attachment 1 to Report PSD-043-20
Corporate Policy
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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.
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Attachment 1 to Report PSD-043-20
Corporate Policy
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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.
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Attachment 1 to Report PSD-043-20
Corporate Policy
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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.
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Corporate Policy
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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.
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Attachment 1 to Report PSD-043-20
Corporate Policy
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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.
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Attachment 1 to Report PSD-043-20
Corporate Policy
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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.
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Attachment 1 to Report PSD-043-20
Corporate Policy
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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.
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Attachment 1 to Report PSD-043-20
Corporate Policy
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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
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Corporate Policy
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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.
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Attachment 1 to Report PSD-043-20
Corporate Policy
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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.
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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.
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Attachment 2 to
Report PSD-043-20
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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
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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
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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.
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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.
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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
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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:
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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:
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(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.
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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.
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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.
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Staff Report
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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.
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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.
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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.
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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.
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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.
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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
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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
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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
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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,
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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.
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(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:
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(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;
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(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
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(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).
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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:
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“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.”
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(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.”
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(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;
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(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
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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