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Home My WebLink About04-26-2021 Agenda Planning and Development Committee Agenda Date:April 26, 2021 Time:7:00 p.m. Location:Council Members (in Chambers or MS Teams) | Members of the Public (MS Teams) Inquiries & Accommodations: For inquiries about this agenda, or to make arrangements for accessibility accommodations for persons attending, please contact: Lindsey Patenaude, Committee Coordinator, at 905-623-3379, ext. 2106 or by email at lpatenaude@clarington.net. Alternate Format: If this information is required in an alternate format, please contact the Accessibility Coordinator, at 905-623-3379 ext. 2131. Audio/Video Record: The Municipality of Clarington makes an audio and/or video record of General Government Committee meetings. If you make a delegation or presentation at a General Government Committee meeting, the Municipality will be recording you and will make the recording public by on the Municipality’s website, www.clarington.net/calendar Cell Phones: Please ensure all cell phones, mobile and other electronic devices are turned off or placed on non-audible mode during the meeting. Copies of Reports are available at www.clarington.net/archive *Late Item added or a change to an existing item after the Agenda was published. Pages 1.Call to Order 2.Land Acknowledgment Statement 3.New Business – Introduction As outlined in Corporate Policy F-11 Transparency and Accountability, the Municipality of Clarington is committed to ensuring that it is accountable to the public for its actions, through responsible and transparent behaviours and the manner in which the municipality will try to ensure that its actions are transparent to the public. Accordingly, Members of Council will endeavour to provide New Business resolutions in advance of 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 April 6-7, 2021 4 8.Public Meetings 8.1.Public Meeting for a Proposed Official Plan Amendment and Zoning By- law Amendment 21 Applicant: 172596 Ontario Ltd. Location: 40 Station Street, Orono Report: PDS-023-21 8.2.Public Meeting to Seek Input on the Draft Official Plan Amendment to Delete Policy 13.3.12 and Section 17.3 Special Study Area 2 - Greenbelt Expansion from Clarington's Official Plan 23 Report: PDS-024-21 9.Delegations 10.Communications – Receive for Information 11.Communications – Direction Planning and Development Committee April 26, 2021 Page 2 12.Presentations 13.Planning and Development Department Reports 13.1.PDS-023-21 Official Plan and Zoning By-law Amendment Applications to Facilitate the Severance of a Surplus Farm Dwelling 27 13.2.PDS-024-21 Public Meeting Report for DRAFT Official Plan Amendment Regarding Special Study Area 2 36 13.3.PDS-025-21 Darlington New Nuclear Build, License Renewal Hearing 54 13.4.PDS-026-21 Lease with Lakeridge Health for a Temporary Air Ambulance Heliport 63 14.New Business – Consideration 14.1.Zone Clarington Notification Letter Correction (Councillor Neal) (Resolution to be Distributed with the Revised Agenda) 15.Unfinished Business 15.1.Pete Zuzek, MES, CFM ,P. Geo., President, Zuzek Inc., Regarding Unfinished Business Item 15.1, Report PDS-007-21 Cedar Crest Beach – Property Loss Study 15.2.PDS-007-21 Cedar Crest Beach – Property Loss Study Link to Report PDS-007-21 (Correspondence from Ryan Windle, Director of Planning and Development Services to be Distributed with the Revised Agenda) 15.3.Item 9.4, Karrie Lynn Dymond and Jonathan Cocker, Regarding Staff Comments/Responses at Works Committee and Report 2021-WR-5 DYEC Operations, Long-Term Sampling System Update for Dioxins and Furans 105 (Correspondence from Susan Siopis, P. Eng., Commissioner, Works, Durham Region Attached) 16.Confidential Reports 17.Adjournment Planning and Development Committee April 26, 2021 Page 3 1 If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 Planning and Development Committee Minutes Date: Time: Location: April 6-7, 2021 7:00 p.m. Council Members (in Chambers or MS Teams) | Members of the Public (MS Teams) Members Present: Mayor A. Foster, Councillor G. Anderson, Councillor R. Hooper, Councillor J. Jones, Councillor J. Neal, Councillor C. Traill, Councillor M. Zwart Staff Present: A. Allison, J. Newman, L. Patenaude, R. Windle, F. Langmaid, K. Richardson Other Staff Present: A. Burke _____________________________________________________________________ 1. Call to Order Councillor Anderson called the meeting to order at 7:00 p.m. 2. Land Acknowledgment Statement Councillor Jones led the meeting in the Land Acknowledgement Statement. 3. New Business – Introduction New business item(s) were added to the New Business - Consideration section of the agenda. 4. Adopt the Agenda Suspend the Rules Resolution # PD-099-21 Moved by Councillor Hooper Seconded by Councillor Traill That the Rules of Procedure be suspended to add Wendy Bracken and Jonathan Cocker as a delegation to the Agenda. Carried Page 4 Planning and Development Committee Minutes of April 6-7, 2021 2 Resolution # PD-100-21 Moved by Councillor Traill Seconded by Mayor Foster That the Agenda for the General Government Committee meeting of April 6, 2021, be adopted with the following additions:  Delegation of Wendy Bracken, Regarding St. Marys Cement Alternative Low Carbon Fuel (ALCF) Approval;  Delegation of Jonathan Cocker, Regarding Staff Comments/Responses at Works Committee and Report 2021-WR-5 DYEC Operations, Long-Term Sampling System Update for Dioxins and Furan; and  Additional Correspondence from Linda Gasser, Regarding Long-Term Sampling System Update for Dioxins and Furans Carried 5. Declaration of Interest There were no disclosures of interest stated at this meeting. 6. Announcements Members of Committee announced upcoming community events and matters of community interest. 7. Adoption of Minutes of Previous Meeting 7.1 Minutes of a Regular Meeting of March 15, 2021 Resolution # PD-101-21 Moved by Mayor Foster Seconded by Councillor Jones That the minutes of the regular meeting of the Planning and Development Committee meeting held on March 15, 2021, be adopted. Carried 8. Public Meetings Page 5 Planning and Development Committee Minutes of April 6-7, 2021 3 9. Delegations 9.2 Linda Gasser, Regarding Staff Comments/Responses at Works Committee and Report 2021-WR-5 DYEC Operations, Long-Term Sampling System Update for Dioxins and Furans Note: Due to technical issues, Ms. Bracken's delegation was heard after Item 9.2. Ms. Gasser questioned who defines what is "outlier" data or "system bias" and why they expect the two boilers to operate in identical fashion. She stated that AMESA is important because it collects data over a ll operating conditions and may collect data to confirm higher emissions at different times. Ms. Gasser stated that the Municipality of Clarington requires the tools, sampling data, and political will to protect the residents. She stated that Covanta has f ive years of data and should provide it to Clarington. Ms. Gasser requested that Council request the monthly (28 days) sampling data starting in 2015 to the present period. She answered questions from Members of Committee. Suspend the Rules Resolution # PD-103-21 Moved by Councillor Jones Seconded by Councillor Hooper That the Rules of Procedure be suspended to extend the Delegation for an additional 3 minutes. Carried She questioned who defines what is "outlier" data or "system bias" and why they expect the two boilers to operate in identical fashion. Ms. Gasser stated that AMESA is important because it collects data over all operating conditions and may collect data to confirm higher emissions at different times. She showed how Durham Region reviewed and the data and trends. Ms. Gasser stated that the Municipality of Clarington requires the tools, sampling data, and political will to protect the residents. She stated that Covanta has five years of data and should provide it to Clarington and Durham Region. Ms. Gasser requested that Council request the monthly (28 days) sampling data starting in 2015 to the present period and answered questions from Members of Committee. Page 6 Planning and Development Committee Minutes of April 6-7, 2021 4 9.1 Wendy Bracken, Regarding Staff Comments/Responses at Works Committee and Report 2021-WR-5 DYEC Operations, Long-Term Sampling System Update for Dioxins and Furans Wendy Bracken was present via electronic means regarding Staff Comments/Responses at Works Committee and Report 2021-WR-5 DYEC Operations, Long-Term Sampling System Update for Dioxins and Furans. Ms. Bracken made a verbal presentation to accompany an electronic presentation. She thanked Councillor Neal and Councillor Anderson for their support motion at the Durham Region Council meeting. Ms. Bracken explained that AMESA data has been withheld since 2015 and added that it’s paid for by the public, therefore it should be made available. She outlined her concerns regarding the inaccuracy of the WR-5 Report and requested that Council send a formal request to Durham Region to release all AMESA data, monthly (28-day period) including underlying reports. Ms. Bracken stated that dioxins and furans are extremely toxic. She noted that Durham Region Staff indicated that they are having the cartridge lab results sent directly to Covanta and not reviewing the monthly AMESA reports. She expressed her concerns regarding the HDR Report and the 2020 annual report, and displayed a graph outlining the AMESA results. Suspend the Rules Resolution # PD-102-21 Moved by Councillor Neal Seconded by Councillor Jones That the Rules of Procedure be suspended to extend the Delegation for an additional 5 minutes. Carried Ms. Bracken stated that AMESA results are required monthly so they can be reviewed in a timely manner for actions to be made. She reviewed the Jahnke documents which outlined common problems to correlation issues and documentation on data from Europe showing success in monitoring emission levels. Ms. Bracken requested Council send a formal request to Durham Region for all AMESA data from 2015 to present and to post the results as they become available. She answered questions from Members of Committee. Page 7 Planning and Development Committee Minutes of April 6-7, 2021 5 9.3 Kerry Meydam, Regarding Staff Comments/Responses at Works Committee and Report 2021-WR-5 DYEC Operations, Long-Term Sampling System Update for Dioxins and Furans Kerry Meydam was present via electronic means regarding Staff Comments/Responses at Works Committee and Report 2021-WR-5 DYEC Operations, Long-Term Sampling System Update for Dioxins and Furans. Ms. Meydam made a verbal presentation to accompany an electronic presentation. Ms. Meydam outlined why the sampling results are important and the health risks and exposure associated to dioxins and furans. She explained that the sampling results have not been released since 2015 when AMESA was installed. Ms. Meydam added that Clarington Council, Staff, and residents must have the opportunity to review the sampling data after the lab analyses becomes available and should be posted to the DYEC website routinely after each sample. She requested that Council advocate on their behalf to Durham Region to deliver the monitoring commitments made to Clarington Council and residents since before the EA Approval. Ms. Meydam requested that Council request the AMESA sampling results monthly (28 days) from 2015 to the present and that the results be posted on the DYEC website. 9.4 Karrie Lynn Dymond and Jonathan Cocker, Regarding Staff Comments/Responses at Works Committee and Report 2021-WR-5 DYEC Operations, Long-Term Sampling System Update for Dioxins and Furans Karrie Lynn Dymond and Jonathan Cocker was present via electronic means regarding Staff Comments/Responses at Works Committee and Report 2021- WR-5 DYEC Operations, Long-Term Sampling System Update for Dioxins and Furans. They made a verbal presentation. Ms. Dymond provided a background on Clarington Clear and introduced Jonathan Cocker. Mr. Cocker provided an overview of the proposed EA facility that is integrated within the Energy Park and reviewed the environmental assessment process for the proposed anaerobic digester. He explained that they see opportunities and questions on how the proposal is going to work and how the environment and community will be impacted. Mr. Cocker explained the anaerobic digestor technology and noted it will be the first in North America. He expressed his concerns regarding the contamination of waste and added that Europe waste streams can't be compared to Canada. Mr. Cocker questioned why Clarington is the guinea pig without having an environmental assessment completed first to make sure the process will work and be safe. He explained that the proposal imposes questions regarding environmental impacts and an environmental assessment from the Ministry. Mr. Cocker stated that they have a holding by-law that has been provided to the Municipal Solicitor which allows other processes and studies to be completed before further steps are taken to approve zoning. Page 8 Planning and Development Committee Minutes of April 6-7, 2021 6 Suspend the Rules Resolution # PD-104-21 Moved by Councillor Traill Seconded by Councillor Neal That the Rules of Procedure be suspended to extend the meeting for an additional 2 minutes. Carried Mr. Cocker requested the following: That Clarington Council reaffirm it is an unwilling host and that the Region stop budgeting for and proceeding with its plan to expand the incinerator site; That Clarington adopt the draft by-law presented by the residents and ask Staff to report back to the next meeting on any minor changes or exemptions that might be needed; That a full environmental assessment be requested by the Ministry before any additional garbage processing or burning is allowed at the incinerator site; That a third party be retained to conduct random testing of the existing incinerator, so as to ensure it is operating within the current Provincial Guidelines; and That a detailed letter of explanation, approved by Council, outlining Council's steps taken to oppose the AD in Clarington be mailed to all residents in Clarington, published in the local newspaper and online, advising residents of Councils actions and that Council review and approve same before publication/issuance. Alter the Agenda Resolution # PD-105-21 Moved by Councillor Neal Seconded by Mayor Foster That the Agenda be altered to consider Item 12.2, Presentation of Gioseph Anello, M. Eng., P. Eng., PMP, Director, Waste Management Services and Susan Siopis, P. Eng., Commissioner of Works, The Regional Municipality of Durham, at this time. Carried Page 9 Planning and Development Committee Minutes of April 6-7, 2021 7 12. Presentations 12.2 Gioseph Anello, M.Eng., P.Eng., PMP, Director, Waste Management Services and Susan Siopis, P. Eng., Commissioner of Works, The Regional Municipality of Durham, Regarding Durham York Energy Centre Operations Long-Term Sampling System Update Gioseph Anello, M.Eng., P.Eng., PMP, Director, Waste Management Services and Susan Siopis, P. Eng., Commissioner of Works, The Regional Municipality of Durham was present via electronic means regarding Durham York Energy Centre Operations Long-Term Sampling System Update. Mr. Anello and Ms. Siopis made a verbal presentation to accompany an electronic presentation. Ms. Siopis provided a background of the report and AMESA system. Mr. Anello outlined the various types of monitoring programs and how the sampling is analyzed and completed. He explained that they have confidence in the proposed long-term sampling system and noted that the monthly AMESA data is the actual results for the month not an average. Mr. Anello outlined the ambient air system and monitoring systems and how they analyze the data. He explained the AMESA process where data is collected over 28 days and taken to a Lab. He displayed a diagram of the AMESA cartridge case and probe assembly and explained how the contaminants are captured over a 28-day period. Mr. Anello provided an overview of how the dioxins and furans are destroyed through the boilers and of the DYEC waste flow. He explained that the waste processing continues to decline and answered questions from Members of Committee. Resolution # PD-106-21 Moved by Councillor Neal Seconded by Councillor Jones That the Delegations of Kerry Maydem, Linda Gasser and Wendy Bracken, as well as the presentation of Gioseph Anello, M.Eng., P.Eng., PMP, Director, Waste Management Services and Susan Siopis, P. Eng., Commissioner of Works, The Regional Municipality of Durham, be referred to Staff to report back to the April 12, 2021 Council meeting on a draft demand letter to be sent to Durham Region, by Clarington on the previous AMESA lab results since 2015 and the monthly AMESA reporting; including any obligations of the Region under the Host Community Agreement to provide maximum achievable technology. Yes (7): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Jones, Councillor Neal, Councillor Traill, and Councillor Zwart Carried (7 to 0) Recess Resolution # PD-107-21 Moved by Councillor Neal Seconded by Councillor Traill That the Committee recess for 10 minutes. Carried Page 10 Planning and Development Committee Minutes of April 6-7, 2021 8 The meeting reconvened at 10:10 p.m. with Councillor Anderson in the Chair. 9. Delegations 9.5 Jeff Mitchell, Port Darlington Community Association, Regarding Unfinished Business Item 15.1, Report PDS-007-21 Cedar Crest Beach - Property Loss Study Jeff Mitchell, Port Darlington Community Association, was present via electronic means regarding Unfinished Business Item 15.1, Report PDS-007-21 Cedar Crest Beach - Property Loss Study. Mr. Mitchell made a verbal presentation to accompany an electronic presentation. He provided an overview of the study and explained the following factors regarding property loss that are cited in the Zuzek Report:  embayment shoreline features a natural long-term recession trend  shoreline orientation not conducive to accumulation of sand and gravel  homes constructed too close to the water's edge and on top of a dynamic receding low-lying barrier beach  vertical shore-parallel protection structure was constructed on the beach that are not conducive to beach building; and  a reduction in sediment supply to the Port Darlington West Embayment due to the St. Marys Cement (SMC) Headland. Mr. Mitchell displayed photos of 43 and 55 Cedar Crest Beach Road and explained that the Zuzek report fails to address the quantum of property lost, fill impact of SMC headlands undermined and underweighted, and that the SMC headlands, in good conscience, must be viewed as the catalyst for and predominant on-going factor contributing to property loss in the Cedar Crest Beach zone. Suspend the Rules Resolution # PD-108-21 Moved by Councillor Traill Seconded by Councillor Hooper That the Rules of Procedure be suspended to extend the Delegation for an additional one minute. Carried He concluded by stating the Zuzek Report cannot be relied upon for purposes determining whether to pursue shoreline protection measures as set out in the Baird report. He stated they concur with recommendation 3 in Report PDS -007- 21 and answered questioned from Members of Committee. Page 11 Planning and Development Committee Minutes of April 6-7, 2021 9 9.6 Tom Kara, Regarding Unfinished Business Item 15.1, Report PDS-007-21 Cedar Crest Beach - Property Loss Study Tom Kara was present via electronic means regarding Unfinished Business Item 15.1, Report PDS-007-21 Cedar Crest Beach - Property Loss Study. Mr. Kara made a verbal presentation to accompany an electronic presentation. He explained how the wind has a major impact on the erosion of Lake Ontario. Mr. Kara provided an overview of the Port Darlington Harbour jetties and noted that the beach area slowly became stable since it was retaining the same or more sediment than it was losing from wave attack. He stated that the Zukek report failed to recognize that prior to the construction of the St. Marys Cement jetty, there were no shoreline rock walls built nor needed to be built by any cottage owner to prevent erosion. Mr. Kara explained that the Zuzek report didn't reference the extension of the pier and resulting negative effects. He stated that cottage owners were forced to build rock walls after the pier was built then erosion intensified. Mr. Kara added that the walls now stop further erosion taking place but require ongoing maintenance and high costs. He outlined the study by Zuzek expressing his comments regarding the history and dynamics of the beach. Suspend the Rules Resolution # PD-109-21 Moved by Councillor Traill Seconded by Councillor Hooper That the Rules of Procedure be suspended to extend the delegation for an additional 2 minutes. Carried He stated that he believes the Zuzek report failed to recognize the relevant issues and falsely portrayed a net benefit to the SMC pier toward survival of the beach. Mr. Kara added that the pier has negatively impacted the nourishment of the Cedar Crest Beaches by not eroding enough. He recommended that, Staff return the Report to Zuzek for revision to provide value engineering with respect to the study mandate, conclusions and recommendations considering all available relevant reports and studies. Mr. Kara answered questions from Members of Committee. Alter the Agenda Resolution # PD-110-21 Moved by Councillor Traill Seconded by Mayor Foster That the Agenda be altered to consider Item 12.1 Presentation from Pete Zuzek, MES, CFM ,P. Geo., President, Zuzek Inc., Regarding Unfinished Business Item 15.1, Report PDS-007-21 Cedar Crest Beach – Property Loss Study, at this time. Carried Page 12 Planning and Development Committee Minutes of April 6-7, 2021 10 Suspend the Rules Resolution # PD-111-21 Moved by Councillor Neal Seconded by Councillor Jones That the Rules of Procedure be suspended to extend the meeting for one hour until 12:00 a.m. Carried 12. Presentations 12.1 Pete Zuzek, MES, CFM, P. Geo., President, Zuzek Inc., Regarding Unfinished Business Item 15.1, Report PDS-007-21 Cedar Crest Beach – Property Loss Study Resolution # PD-112-21 Moved by Councillor Traill Seconded by Councillor Neal That the presentation not be heard and the Committee proceed with questions to the presenter. Yes (3): Councillor Jones, Councillor Neal, and Councillor Traill No (4): Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor Zwart Motion Lost on a recorded vote (3 to 4) Pete Zuzek, MES, CFM, P. Geo., President, Zuzek Inc., was present via electronic means regarding Unfinished Business Item 15.1, Report PDS -007-21 Cedar Crest Beach – Property Loss Study. Mr. Zuzek made a verbal presentation to accompany an electronic presentation. He provided an overview of the investigation and presentation outline. Mr. Zuzek displayed diagrams of the Port Darlington jetties, shoreline change rates and bluff erosion from 1954- 2018, shoreline change at Carr's Marsh and Lynde Shores. He provided an overview of the bathymetric survey and sonar collection. Mr. Zuzek explained that the sonar imaging of the bottom of the lake showed little sand and cobble stone west of St. Marys. He added that the southwest corner of St. Marys headland shows no evidence of a pathway for sediment. Mr. Zuzek stated that the west side of the Darlington jetties has the sediment being trapped at west beach. He explained the numerical numbering of the waves and sediment transport and provided the benefits and impact of littoral barriers, history, and the factors contributing to the erosion hazards along Cedar Crest Beach. Mr. Zuzek answered questions from Members of Committee. Page 13 Planning and Development Committee Minutes of April 6-7, 2021 11 Resolution # PD-113-21 Moved by Councillor Traill Seconded by Councillor Hooper That Item 12.1, Presentation of Pete Zuzek, MES, CFM, P. GEO, President, Zuzek Inc. and Item 15.1 Report PDS-007-21 Cedar Crest Beach - Property Loss Study, be referred to the April 26, 2021 Planning and Development Committee meeting. Carried 9. Delegations 9.7 Wendy Bracken, Regarding St. Marys Cement Alternative Low Carbon Fuels Approval Wendy Bracken was present via electronic means regarding St. Mays Cement Alternative Low Carbon Fuels (ALCF) Approval. Ms. Bracken noted that she received notice on April 1, 2021 that, St. Marys application to burn more garbage has been approved. She explained that the ECA amendment does not address the recommendations and concerns that Clarington put forward regarding emission limits, ambient air monitoring or concerns from residents. Ms. Bracken added that they are going from burning 96 tons per day to 400 tons per day and can burn a vast majority of items. She expressed her concerns regarding the approval and requested Committee to ask Staff to prepare a report that reviews what was approved, what Clarington asked for and what is protecting Clarington residents. Ms. Bracken noted that she feels that it is not protective and encouraged Committee to review the issuance and consider an appeal. She stated that she is sad to see Clarington waterfront filled with garbage and waste proposals. She answered questions from Members of Committee. Resolution # PD-114-21 Moved by Mayor Foster Seconded by Councillor Neal That Item 9.7, Delegation of Wendy Bracken, Regarding St. Marys Cement Alternative Low Carbon Fuels Approval, be referred to Staff to report back at the April 12, 2021 Council Meeting. Carried 10. Communications – Receive for Information Resolution # PD-115-21 Moved by Mayor Foster Seconded by Councillor Hooper That Communication Items 10.1 and 10.2 with the exception of item 10.3, be received for information. Carried Page 14 Planning and Development Committee Minutes of April 6-7, 2021 12 10.1 Chris Jones, MCIP, RPP, Director of Planning and Regulation, Regarding CLOCA Comments for Proposed Changes to Ministers' Zoning Orders and the Planning Act (Schedule 3 to Bill 257) Resolution # PD-116-21 That Communication Item 10.1, Chris Jones, MCIP, RPP, Director of Planning and Regulation, Regarding CLOCA Comments for Proposed Changes to Ministers' Zoning Orders and the Planning Act (Schedule 3 to Bill 257), be received for information. 10.2 Ralph Walton, Regional Clerk/Director of Legislative Services, Region of Durham, Regarding Resolution Adopted by Regional Council on February 24, 2021 about Lake Simcoe Resolution # PD-117-21 That Communication Item 10.2, Ralph Walton, Regional Clerk/Director of Legislative Services, Region of Durham, Regarding Resolution Adopted by Regional Council on February 24, 2021 about Lake Simcoe, be received for information. 10.3 Debbie France, Resident of Norfolk County, Regarding Health Canada Cannabis Consultation Open for Comments until May 7, 2021 Resolution # PD-118-21 Moved by Mayor Foster Seconded by Councillor Zwart That Communication Item 10.3, Debbie France, Resident of Norfolk County, Regarding Health Canada Cannabis Consultation Open for Comments until May 7, 2021, be referred to Staff. Carried 11. Communications – Direction 12. Presentations Item 12.1 was considered earlier in the meeting after item 9.6. Item 12.2 was considered earlier in the meeting after item 9.4. 13. Planning and Development Department Reports 13.1 PDS-022-21 Graham and Wilmot Creek Flood Plain Mapping Update Study Resolution # PD-119-21 Moved by Mayor Foster Seconded by Councillor Hooper That Report PDS-022-21 be received; Page 15 Planning and Development Committee Minutes of April 6-7, 2021 13 That Council approve the Municipal contribution of $30,000 from the Tax Rate Stabilization Reserve Fund to undertake the Graham and Wilmot Creek Flood Plain Mapping Update Study, in partnership with the Ganaraska Region Conservation Authority, the Region of Durham, and the National Disaster Mitigation Program; That the Mayor and Clerk be authorized to execute the necessary agreements; and That all interested parties listed in Report PDS-022-21 and any delegations be advised of Council’s decision. Yes (4): Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor Zwart No (3): Councillor Jones, Councillor Neal, and Councillor Traill Carried on a recorded vote (4 to 3) 14. New Business – Consideration 14.1 Start Time for May 17, 2021 Planning and Development Committee Meeting (Mayor Foster) Resolution # PD-120-21 Moved by Mayor Foster Seconded by Councillor Traill That the start time for the May 17, 2021 Planning and Development Committee meeting be changed to 4:00 p.m. so that the following items can be discussed at a specific time, followed by the regular Agenda:  4:00 p.m. – South West Courtice Secondary Plan  7:00 p.m. – Brookhill Secondary Plan Carried 15. Unfinished Business 15.1 PDS-007-21 Cedar Crest Beach – Property Loss Study This matter was considered earlier in the meeting during Item 12.1. 15.2 Resolution #GG-113-20, Regarding, Report EGD-006-20 - Cedar Crest Beach Rd and West Beach Rd Berm Review and Estimates (Referred from the January 4, 2021 General Government Committee Meeting) Resolution # PD-121-21 Moved by Councillor Neal Seconded by Councillor Jones That Report EGD-006-20 be received; Page 16 Planning and Development Committee Minutes of April 6-7, 2021 14 That no further flood mitigation work be undertaken on West Beach Rd at this time; and That all interested parties listed in Report EGD-006-20 and any delegations be advised of Council's decision. Yes (4): Councillor Hooper, Councillor Jones, Councillor Neal, and Councillor Zwart No (3): Mayor Foster, Councillor Anderson, and Councillor Traill Carried on a recorded vote (4 to 3) Suspend the Rules Resolution # PD-122-21 Moved by Councillor Neal Seconded by Councillor Jones That the Rules of Procedure be suspended to extend the meeting for one hour until 1:00 a.m. Carried Closed Session Resolution # PD-123-21 Moved by Councillor Hooper Seconded by Councillor Traill That, in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing matters that deal with:  a proposed or pending acquisition or disposition of land by the municipality or local board;  litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; and  advice that is subject to solicitor-client privilege, including communications necessary for that purpose. Motion Withdrawn Page 17 Planning and Development Committee Minutes of April 6-7, 2021 15 Alter the Agenda Resolution # PD-124-21 Moved by Councillor Traill Seconded by Councillor Neal That the Agenda be altered to consider Item 9.4, Delegation of Karrie Lynn Dymond and Jonathan Cocker, Regarding Staff Comments/Responses at Works Committee and Report 2021-WR-5 DYEC Operations, Long-Term Sampling System Update for Dioxins and Furans, at this time. Carried 15.3 Item 9.4, Karrie Lynn Dymond and Jonathan Cocker, Regarding Staff Comments/Responses at Works Committee and Report 2021-WR-5 DYEC Operations, Long-Term Sampling System Update for Dioxins and Furans Resolution # PD-125-21 Moved by Councillor Traill Seconded by Councillor Neal That the Delegation of Karrie Lynn Dymond and Jonathan Cocker, Regarding Staff Comments/Responses at Works Committee and Report 2021-WR-5 DYEC Operations, Long-Term Sampling System Update for Dioxins and Furans, be received; That Council re affirm it is an unwilling host and demand that the Region stop budgeting for and proceeding with its plan to expand the incinerator site; That Council adopt the draft by-law presented by the residents and ask staff to report back to the next meeting on any minor changes or exemptions that might be needed; That Council agree to retain the services of Jonathan Cocker to ensure that a full Environmental Assessment is required by the Ministry of Environment before any additional garbage processing or burning is allowed at the Incinerator site; That Council, through its legal representative ensure that a third party be retained to conduct random testing of the existing incinerator, so as to ensure it is operating within the current Provincial Guidelines; and That a detailed letter of explanation, approved by Council, outlining Council's steps taken to oppose the AD in Clarington be mailed to all residents in Clarington, published in the local newspaper and online, advising residents of Councils actions and that Council review and approve same before publication/issuance. Referred Page 18 Planning and Development Committee Minutes of April 6-7, 2021 16 Resolution # PD-126-21 Moved by Councillor Traill Seconded by Councillor Neal That the foregoing Resolution #PD-125-21, be referred to the April 26, 2021 Planning and Development Committee meeting. Carried 16. Confidential Reports Closed Session Resolution # PD-127-21 Moved by Councillor Hooper Seconded by Councillor Traill That, in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing matters that deal with:  a proposed or pending acquisition or disposition of land by the municipality or local board;  litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; and  advice that is subject to solicitor-client privilege, including communications necessary for that purpose. Carried Rise and Report The meeting resumed in open session at 1:23 a.m. Councillor Anderson advised that two items were discussed in “closed” session in accordance with Section 239(2) of the Municipal Act, 2001 and no resolutions were passed. 16.1 PDS-012-21 Confidential Land Acquisition Matter Resolution # PD-128-21 Moved by Mayor Foster Seconded by Councillor Hooper That Report PDS-021-21 be received; and That Councillor Zwart as the Ward 4 representative be appointed as Council Liaison to the Port Granby Nature Reserve ongoing stakeholder discussions. Carried Page 19 Planning and Development Committee Minutes of April 6-7, 2021 17 16.2 Memo from Rob Maciver, Director of Legislative Services/ Municipal Solicitor, Regarding Anaerobic Digester – Host Community Agreement Dispute 17. Adjournment Resolution # PD-129-21 Moved by Councillor Neal Seconded by Councillor Hooper That the meeting adjourn at 1:25 a.m. Carried Page 20 Notice of Public Meeting A land use change has been proposed, have your say! The Municipality is seeking public comments before making a decision on an application for an Official Plan Amendment and an application for a Zoning By-law Amendment. Proposal 172596 Ontario Ltd. has submitted applications for an Official Plan Amendment and Zoning By- law Amendment to facilitate the severance of a surplus farm dwelling at 40 Station Street in Orono. The Clarington Official Plan Amendment would permit a farm parcel less than 40 hectares and a residential parcel larger than 0.6 hectares. The Zoning By-law Amendment would prohibit future residential development on the retained parcel, prohibit the housing of livestock in the existing farm buildings as required by the Minimum Distance Separation (MDS) formulae and reduce the interior side yard setback from the proposed property line to two existing farm buildings. The applications are deemed complete. Property 40 Station Street, Orono. The property is located on the northeast corner of Highway 115/35 and Station Street. How to be Informed Additional information on the proposed Official Plan and Zoning By-law Amendments and background studies are available for review at the Planning and Development Services Department. Questions? Please contact Toni Rubino at 905-623-3379, extension 2431, or by email at trubino@clarington.net. Page 21 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. This meeting is live-streamed for public viewing at www.clarington.net/calendar Date: April 26, 2021 Time: 7:00 pm Place: Electronic Teams meeting by way of on-line device or telephone 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, April 23, 2021 at 3:30 p.m. If you are unable to participate electronically, please contact the Clerk’s Division and we will do our utmost to accommodate you. We encourage you to submit your written comments for Committee’s consideration to trubino@clarington.net or by mail or drop box to 40 Temperance Street, Bowmanville, ON L1C 3A6 prior to the date of the public meeting File Number: COPA2021-0002 & ZBA2021-0003 Freedom of Information and Protection of Privacy Act The personal information you submit will become part of the public record and may be released to the public. Questions about the information we collect can be directed to the Clerk’s 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. Appeal Requirements If you do not speak at the public meeting or send your comments or concerns to the Municipality of Clarington before the by-law is passed: a) you will not be entitled to appeal the decision to the Local Planning Appeal Tribunal; and b) you will not be able to participate at a hearing of an appeal before the Local Planning Appeal Tribunal, in the opinion of the Tribunal, there are reasonable grounds to do so. Ryan Windle, MCIP, RPP, AICP Director of Planning and Development Services https://claringtonnet-my.sharepoint.com/personal/ar05_clarington_net/Documents/Desktop/OPA20210002 and ZBA20210003 Public Meeting Notice 40 Station Street.docx Page 22 Notice of Statutory Public Meeting We want to hear from you! Clarington Council has directed Staff to seek input from the public regarding a DRAFT Official Plan Amendment (OPA) that would serve to delete policy 13.3.12 and Section 17.3 Special Study Area 2 – Greenbelt Expansion from Clarington’s current Official Plan. The policies that are the subject of the DRAFT OPA are quoted below: The DRAFT Official Plan Amendment and a map that depicts the subject lands to which the policies apply are attached to this notice. This, and additional information will be available for review at www.Clarington.net/SpecialStudyArea2 beginning on April 1, 2021. Statutory Public Meeting Details 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. This meeting is live-streamed for public viewing at www.clarington.net/calendar Date: Monday, April 26, 2021 Time: 7:00 pm Place: Electronic Teams meeting by way of on-line device or telephone 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, April 23, 2021 at 4:00 pm. 13.3.12 The Municipality supports the expansion of the Greenbelt Plan Area to provide long term protection of prime agricultural land. 17.3 Special Study Area 2 - Greenbelt Expansion 17.3.1 Special Study Area 2 is all of the lands east of Highway 418 south and east of the Greenbelt boundary, north of Highway 401 and outside of the urban area boundaries in Clarington. 17.3.2 In May 2015, Clarington Council requested that the Province undertake an appropriate science-based study of agricultural capability to identify high yielding agricultural lands to be added to the Greenbelt for permanent protection. 17.3.3 The draft Greenbelt Plan (2016) identifies that the Government of Ontario will lead a process to identify potential areas to be added to the Protected Countryside of the Greenbelt. The Province will work with municipalities and others using a systems approach considering the connections with the Agricultural, Natural Heritage and Water Resource systems of the plan. Where it is determined that identified areas would benefit from Greenbelt protection, the Province may initiate amendments to the Greenbelt Plan. 17.3.4 Special Study Area 2 identifies the lands which the Municipality considers appropriate as an area for the future Greenbelt expansion study. Page 23 Page 2 If you are unable to participate electronically, please contact the Clerk’s Division and we will do our utmost to accommodate you. Written Submissions We encourage you to submit your written comments prior to the date of the Public Meeting for Committee’s consideration to Lisa Backus via email lbackus@clarington.net by mail or drop box to 40 Temperance Street, Bowmanville, ON L1C 3A6. A drop box is located at the Church Street entrance. More information If you wish to be notified of the decision of Clarington Council on the proposed Official Plan Amendment, you must make a written request to the Municipal Clerk, 40 Temperance Street, Bowmanville, ON, L1C 3A6. Right of Appeal If a person or public body would otherwise have an ability to appeal the decision of Clarington Council to the Local Planning Appeal Tribunal but the person or public body does not make oral submissions at a public meeting or make written submissions to the Municipality of Clarington before the proposed official plan amendment is adopted, the person or public body is not entitled to appeal the decision. If a person or public body does not make oral submissions at a public meeting or make written submissions to the Municipality of Clarington before the proposed official plan amendment is adopted, the person or public body may not be added as a party to the hearing of an appeal before the Local Planning Appeal Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to add the person or public body as a party. Freedom of Information and Protection of Privacy Act The personal information you submit will become part of the public record and may be released to the public. Questions about the information we collect can be directed to the Clerk’s Department at 905- 623-3379, extension 2102. Accessibility If you have accessibility needs and require alternate formats of this document or other accommodations, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Questions? Please contact Lisa Backus 905-623-3379, extension 2413, or by email at LBackus@clarington.net. File Number: COPA2021-0001 Ryan Windle, MCIP, RPP, AICP Director of Planning and Development Services Page 24 Page 3 DRAFT Amendment No. xx to the Clarington Official Plan Purpose: The purpose of this Amendment is to delete Policy 13.3.12 and Subsection 17.3 Special Study Area 2 – Greenbelt Expansion policies from the Clarington Official Plan. Location: This Amendment applies to approximately 3800 hectares of land. This area is generally described as all the lands east of Highway 418, south and east of the Greenbelt boundary between Courtice and Bowmanville, south and west of the Greenbelt boundary between Bowmanville and Newcastle, north of Highway 401 and outside of the urban area boundaries in Clarington. (see map on reverse). Effect: The effect of removing of these policies from the Official Plan is that the Official Plan would no longer identify Council’s position that prior to consideration of expanding the Greenbelt Plan Area a science-based study be undertaken by the Province to identify the appropriate lands for inclusion. Whether these policies are in the Official Plan or not, the Province determines the procedures and consultation process for expanding the Greenbelt Plan Area. The deletion of the policies does not affect the existing land use designations or zoning by-law permissions and regulations for the properties affected. Proposed Amendments Unless otherwise indicated in the Amendment, additional text is shown with an underline and deleted text is shown with a strike-through. 1. Existing subsection 13.3.12 is deleted in its entirety and the subsequent subsection is renumbered accordingly: “13.3.12 The Municipality supports the expansion of the Greenbelt Plan Area to provide long term protection of prime agricultural land.” 2. Existing Section 17 Special Study Areas is hereby amended as follows: “17.3 Special Study Area 2 – Deleted Greenbelt Expansion 17.3.1 Special Study Area 2 is all of the lands east of Highway 418 south and east of the Greenbelt boundary, north of Highway 401 and outside of the urban area boundaries in Clarington. 17.3.2 In May 2015, Clarington Council requested that the Province undertake an appropriate science-based study of agricultural capability to identify high yielding agricultural lands to be added to the Greenbelt for permanent protection. 17.3.3 The draft Greenbelt Plan (2016) identifies that the Government of Ontario will lead a process to identify potential areas to be added to the Protected Countryside of the Greenbelt. The Province will work with municipalities and others using a systems approach considering the connections with the Agricultural, Natural Heritage and Water Resource systems of the plan. Where it is determined that identified areas would benefit from Greenbelt protection, the Province may initiate amendments to the Greenbelt Plan. 17.3.4 Special Study Area 2 identifies the lands which the Municipality considers appropriate as an area for the future Greenbelt expansion study.” Page 25 Page 4 Page 26 Public Meeting 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: April 26, 2021 Report Number: PDS-023-21 Submitted By: Ryan Windle, Director of Planning and Development Services File Number: ZBA2021-0003 & OPA2021-0002 Resolution#: Cross Reference: ROPA2021-001 Report Subject: Official Plan and Zoning By-law Amedment applications to facilitate the severance of a surplus farm dwelling. Purpose of Report: The purpose of this report is to provide information to the public and Council. It does not constitute, imply or request any degree of approval. Recommendations: 1. That Report PDS-023-21 be received; 2. That the application to amend the Clarington Official Plan and Zoning By-law 84-63 continue to be processed; 3. That Staff receive and consider comments from the public and Council with respect to OPA2021-0002 and ZBA2021-0003; and 4. That all interested parties listed in Report PDS-023-21 and any delegations be advised of Council’s decision. Page 27 Municipality of Clarington Page 2 Report PDS-023-21 Report Overview 172596 Ontario Ltd. has submitted applications for an Official Plan Amendment and Zoning By-law Amendment to facilitate the severance of a surplus farm dwelling at 40 Station Street in Orono. The Clarington Official Plan Amendment would permit a farm parce l less than 40 hectares and a residential parcel larger than 0.6 hectares. The Zoning By-law Amendment would prohibit future residential development on the retained parcel, prohibit the housing of livestock in the existing farm buildings as required by the Minimum Distance Separation (MDS) formulae and reduce the interior side yard setback from the proposed property line to two existing farm buildings. 1. Application Details 1.1 Owner/Applicant: 172596 Ontario Ltd. 1.2 Agent: Clark Consulting Services 1.3 Proposal: General To facilitate the severance of a surplus farm dwelling at 40 Station Street in Orono. The retained farm parcel would consolidate with non-abutting farmlands owned by 172596 Ontario Ltd. and Algoma Orchards Ltd. Official Plan Amendment To permit a farm parcel less than 40 hectares and a residential parcel larger than 0.6 hectares. The retained farm parcel would be 35.18 hectares and the severed residential parcel would be 0.62 hectares. Zoning By-law Amendment To prohibit future residential development on the retained farm parcel, prohibit the housing of livestock in the existing farm buildings as required by the Minimum Distance Separation (MDS) formulae and reduce the interior side yard setback from the proposed property line to two existing farm buildings from 15 metres to 11.5 metres for one building and 8.3 metres for another. 1.4 Area: 35.8 ha 1.5 Location: 40 Station Street, Orono (See Figure 1) 1.6 Roll Number: 181703005012401 Page 28 Municipality of Clarington Page 3 Report PDS-023-21 1.7 Within Built Boundary: No Figure 1: Proposed severed and retained parcels Page 29 Municipality of Clarington Page 4 Report PDS-023-21 2. Background 2.1 On February 11, 2021 172596 Ontario Ltd. submitted applications for an Official Plan Amendment and Zoning By-law Amendment to facilitate the severance of a surplus farm dwelling at 40 Station Street in Orono. An application for the associated Regional Official Plan Amendment (ROPA2021-001) has been submitted to the Region of Durham. 2.2 The Regional Official Plan Amendment is required to permit the severance of a farm dwelling rendered surplus as a result of acquiring a non-abutting farm and severing the surplus dwelling. The Region of Durham’s Planning and Economic Development Committee will hold a Public Meeting on May 21, 2021. 2.3 Should these applications be approved, a future Land Division would be required to permit the severance of a surplus farm dwelling. The applicant is proposing a shared driveway access. An easement would be required over the existing driveway in favour of the severed residential parcel as part of the Land Division application. 2.4 As part of a surplus farm dwelling severance, the Clarington Official Plan requires the retained farm parcel maintain a minimum of 40 hectares and the severed residential parcel a maximum of 0.6 hectares. An Official Plan Amendment was submitted to permit the retained farm parcel with an area of 35.18 hectares and the severed residential parcel with an area of 0.62 hectares. The retained parcel will consolidate with non- abutting farmlands owned by 172596 Ontario Ltd. and Algoma Orchards Ltd. See Figure 2. Figure 2: 172596 Ontario Ltd. and Algoma Orchards Ltd. Land Holdings Page 30 Municipality of Clarington Page 5 Report PDS-023-21 2.5 A Zoning By-law Amendment is required to prohibit future residential development on the retained parcel, prohibit the housing of livestock in the existing farm buildings as required by the Minimum Distance Separation (MDS) formulae and reduce the interior side yard setback from the proposed property line to two existing farm buildings. 2.6 The applicant has submitted the following report in support of the applications:  Planning Justification Report prepared by Clark Consulting  Site Screening Questionnaire (SSQ) prepared by GHD 3. Land Use Characteristics and Surrounding Uses 3.1 The subject lands are 35.8 hectares in size with an existing detached dwelling on the southwest side of the property, fronting Station Street. There are five farm buildings also located on the southwest portion of the property. These buildings are used to store farm equipment. The residential dwelling and the farm buildings are accessed by a shared driveway. Most of the property is an apple orchard. Orono Creek traverses the southern portion of the property. 3.2 The detached dwelling on the property is on the Municipal Register as it is designated under the Part IV Ontario Heritage Act and is known as the John Cobbledick House. The detached dwelling was built in the 1860s. 3.3 The surrounding land uses are as follows: North Agricultural lands South Rural residential and agricultural lands East Agricultural lands West Highway 115/35 and Orono 4. Provincial Policy Provincial Policy Statement 4.1 The Provincial Policy Statement (PPS) protects prime agricultural areas for long-term agricultural uses. The PPS permits lot creation in prime agricultural areas for the severance of a surplus farm dwelling as a result of farm consolidation subject to the criteria outlined in Policy 2.3.4.1 (c). Greenbelt Plan 4.2 The policies of the Greenbelt Plan are intended to protect prime agricultural areas for long-term agricultural uses. Within the Protected Countryside designation of the Greenbelt Plan, lot creation is permitted for the severance of a surplus farm dwelling as a result of farm consolidation, provided that the surplus farm dwelling area is limited in size and no new residential dwellings are constructed on the retained parcel of farmland. Page 31 Municipality of Clarington Page 6 Report PDS-023-21 4.3 The southwest corner of the property is within the Natural Heritage System of the Greenbelt Plan. The proposed surplus farm dwelling severance does not propose any land use change or development in this area. 5. Official Plans Durham Region Official Plan 5.1 The Durham Region Official Plan designates the sub ject property as “Prime Agricultural Areas.” Within Prime Agricultural Areas the severance of a farm dwelling rendered surplus as a result of a non-abutting farm consolidation is permitted by amendment to the Regional Official Plan. 5.2 The applicant has applied for a Regional Official Plan Amendment (ROPA2021-001). The Region of Durham’s Planning and Economic Development Committee will hold a Public Meeting on May 4, 2021. Clarington Official Plan 5.3 The Clarington Official Plan designates the lands to be severed “Rural” and the retained lands “Prime Agricultural,” “Rural” and “Environmental Protection”. The severance of a farm dwelling rendered surplus as a result of the consolidation of non -abutting farms is permitted provided that the farm is a minimum of 40 hectares, the land area of the parcel on which the surplus dwelling would be located is a maximum of 0.6 hectares and that the farm parcel is rezoned to prohibit the establishment of any new residential uses. 5.4 The retained farm parcel would be 35.18 h ectares in size and the surplus farm dwelling would be 0.62 hectares. The applicant has submitted an application for an amendment to the Clarington Official Plan for the farm parcel to be less than the minimum required 40 hectares and for the residential parcel to be more than the maximum 0.6 hectares. 6. Zoning By-law 6.1 Zoning By-law 84-63 zones the subject property as Agricultural Exception (A -1) and Environmental Protection (EP). The 0.62 hectare residential parcel to be severed is entirely within the Agricultural Exception (A-1) Zone. The proposed Zoning By-law Amendment would prohibit future residential development on the retained parcel, prohibit the housing of livestock in the existing farm buildings as required by the Minimum Distance Separation (MDS) formulae and reduce the interior side yard setback from the proposed property line to two existing farm buildings from 15 metres to 11.5 metres of one building and 8.3 metres for the other. Page 32 Municipality of Clarington Page 7 Report PDS-023-21 7. Summary of Background Studies 7.1 A Planning Justification Report prepared by Clark Consulting was submitted in support of the applications. The Report concludes that the applications to sever a surplus farm dwelling meet the objectives and requirements of the Provincial Policy Statement, Region of Durham Official Plan policies and the intent of the Clarington Official Plan policies. A total of 19 land holdings, including the subject lands, make up the 172596 Ontario Ltd. and Algoma Orchards Ltd. farming operation as shown on Figure 2. 7.2 The Report also addresses the Minimum Distance Separation formulae. The Report concludes that there is no livestock facility on the retained farm parcel and that the housing of livestock in the existing accessory farm structures should be prohibited. The Report indicates that the proposed applications comply with the MDS formulae guidelines. 7.3 A Site Screening Questionnaire was submitted by GHD. The Report concludes that the present land use at 40 Station Street has a low level of concern from an environmental assessment perspective and is suitable for the proposed severance. No further environmental assessment was recommended. 8. Public Notice 8.1 Public notice was mailed to each landowner within 300 metres of the subject lands on April 1, 2021. 8.2 On April 6, 2021 public meeting signs were installed on the property, fronting Station Street, Highway 115/35 and Concession Road 5. 8.3 At the time of writing this report no enquiries were received on the applications. 9. Agency Comments Durham Region 9.1 Durham Region Planning notes that the proposal is also the subject of an application to amend the Durham Region Official Plan. A decision has not been made on the Regional Official Plan Amendment. A Public Meeting will be held on May 4, 2021. Ministry of Transportation (MTO) 9.2 The Ministry of Transportation has no concerns with the proposal. Any redevelopment would require MTO permits. The retained parcel is not permitted access to Highway 115/35. Access would only be permitted via Station Street. Page 33 Municipality of Clarington Page 8 Report PDS-023-21 Ganaraska Region Conservation Authority (GRCA) 9.3 The Ganaraska Region Conservation Authority (GRCA) has no objection to the applications as the severed parcel does not fall within the GRCA’s Regulation limits. 10. Departmental Comments 10.1 The applications were circulated to the Infrastructure Division of Public Works and the Emergency and Fire Services Department. Neither department has concerns with the applications. 11. Discussion 11.1 The Provincial Policy Statement (PPS) encourages the long-term viability of agricultural areas and limits opportunities to create new parcels in rural and agricultural areas. The PPS encourages farm consolidations and recognizes that farmers may not be interested in acting as landlords when acquiring additional farmland. The Durham Region and Clarington Official Plans allow farm consolidation where possible to ensure the long - term viability of agricultural operations. The Regional and Clarington Official Plans set out regulations for the severance of a surplus farm dwelling as a result of farm consolidation. When a surplus farm dwelling is severed, no new residential dwellings are permitted on the agricultural parcel. 11.2 The severance of a dwelling rendered surplus as a result of a non-abutting farm consolidation is permitted by amendment to the Regional Official Plan. The applicant has submitted a Regional Official Plan Amendment (ROPA-2021-001) to allow for a surplus farm dwelling severance as a result of non-abutting farm consolidation. 11.3 The Clarington Official Plan policies require that when a surplus farm dwelling is severed from a farm parcel that is non-abutting, the farm parcel must have a minimum lot area of 40 hectares. The purpose of this policy is to ensure that the lands are viable for a farm operation upon severing. In this case, the existing farm parcel is considered smaller than a typical agricultural parcel, as it is 35.8 hectares, however the subject lands have been successfully farmed as an apple orchard. The Official Plan also requires that the severed surplus dwelling be a maximum of 0.6 hectares. The application proposes an amendment to the Clarington Official Plan to permit a 35.18 hectare farm parcel to and a 0.62 hectare residential parcel. 11.4 When a surplus farm dwelling is severed, the Regional and Clarington Official Plans in conformity with Provincial policy, require that the retained farm parcel be rezoned to prohibit future residential development. The 0.62 hectare residential parcel to be severed is entirely within the Agricultural Exception (A-1) Zone. The application for a Zoning By-law Amendment would prohibit future residential development on the retained farm parcel, prohibit the housing of livestock in the existing farm buildings as required by the Minimum Distance Separation (MDS) formulae and reduce the interior side yard setback from the proposed property line to two existing farm buildings. Farm Buildings 2 and 5 as outlined on the submitted draft Reference Plan would require a reduction in the interior side yard setback from 15 metres to 11.5 metres and 8.3 metres respectively. Page 34 Municipality of Clarington Page 9 Report PDS-023-21 11.5 The detached dwelling is on the Municipal Register as it is designated under Part IV of the Ontario Heritage Act. Generally, development on or adjacent to a cultural heritage resource may be permitted where the proposed development has been evaluated through a Heritage Impact Assessment and it has been demonstrated that the heritage attributes of the protected heritage property will be conserved. Comments conclude that the Planning Justification Report prepared by Clark Consulting should be revised to address the heritage designation on the subject property and that the applications should be circulated to the Clarington Heritage Committee for review. At this time, additional comments may be provided. 12. Concurrence 12.1 Not applicable. 13. Conclusion 13.1 The purpose of this report is to provide background information on the development applications submitted by 172596 Ontario Ltd. for the Public Meeting under the Planning Act. Staff will continue processing the applications including the preparation of a subsequent report upon circulation and further comments from the Heritage Committee. Staff Contact: Toni Rubino, Planner, 905-623-3379 ext. 2431 or trubino@clarington.net. Interested Parties: List of Interested Parties available from Department. Page 35 Public Meeting 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: April 26, 2021 Report Number: PDS-024-21 Submitted By: Ryan Windle, Director of Planning and Development Services File Number: COPA2021-0001 Resolution#: Report Subject: Public Meeting Report for DRAFT Official Plan Amendment regarding Special Study Area 2 Purpose of Report: The purpose of this report is to provide information to the public and Council. It does not constitute, imply or request any degree of approval. Recommendations: 1. That Report PDS-024-21 be received for information only; 2. That Staff receive and consider comments from the public and Council with respect to COPA2021-0001; 3. That the proposed DRAFT OPA COPA2021-0001 continue to be processed including the preparation of a subsequent report; and 4. That all interested parties listed in Report PDS-024-21 and any delegations be advised of Council’s decision. Page 36 Municipality of Clarington Page 2 Report PDS-024-21 Report Overview This is a public meeting report to provide an overview of the proposal by Clarington Council regarding the consideration of deleting Greenbelt related policies from the Clarington Official Plan. The policies being considered for deletion include Section 17.3 Special Study Area 2 – Greenbelt Expansion and Policy 13.3.12 which is included in the General Countryside policies. A summary of how the public has been notified as well as submissions received to date are included. 1. Proposal Details 1.1. Applicant: Municipality of Clarington 1.2. Proposal: Clarington Council is seeking input from the public regarding the consideration of the deletion of the following policies from the Clarington Official Plan. 13.3.12 The Municipality supports the expansion of the Greenbelt Plan Area to provide long term protection of prime agricultural land. 17.3 Special Study Area 2 - Greenbelt Expansion 17.3.1 Special Study Area 2 is all of the lands east of Highway 418 south and east of the Greenbelt boundary, north of Highway 401 and outside of the urban area boundaries in Clarington. 17.3.2 In May 2015, Clarington Council requested that the Province undertake an appropriate science-based study of agricultural capability to identify high yielding agricultural lands to be added to the Greenbelt for permanent protection. 17.3.3 The draft Greenbelt Plan (2016) identifies that the Government of Ontario will lead a process to identify potential areas to be added to the Protected Countryside of the Greenbelt. The Province will work with municipalities and others using a systems approach considering the connections with the Agricultural, Natural Heritage and Water Resource systems of the plan. Where it is determined that identified areas would benefit from Greenbelt protection, the Province may initiate amendments to the Greenbelt Plan. 17.3.4 Special Study Area 2 identifies the lands which the Municipality considers appropriate as an area for the future Greenbelt expansion study. 1.3. Area: Figure 1 depicts the lands to which the above noted policies apply. It encompasses approximately 3800 hectares of land. Page 37 Municipality of Clarington Page 3 Report PDS-024-21 Figure 1: Lands subject to the DRAFT Official Plan Amendment Page 38 Municipality of Clarington Page 4 Report PDS-024-21 2. Official Plan Land Use Designations 2.1. In the Region of Durham Official Plan, the subject lands between Courtice and Bowmanville are designated Major Open Space. The subject land between Bowmanville and Newcastle are designated Prime Agricultural Areas. 2.2. The subject lands are located outside the Urban Areas of Courtice, Bowmanville and Newcastle and are designated Rural, Prime Agriculture and Environmetal Protection(EP) in the Clarington Official Plan. The subject lands between Courtice and Bowmanville are designated Rural and EP and the subject lands between Bowmanville and Newcastle are designated Prime Agriculture and EP. 2.3. The Rural land use designation is intended to support prime agricultural areas, link the open space system and function as an urban separator. Lands designated Rural shall predominantly be used for agriculture, agricultural related uses and on-farm diversified uses. Additional non-agricultural uses may also be permitted on lands designated Rural through site specific zoning by-law amendments. 2.4. The land uses permitted on designated Prime Agriculture lands are agriculture, agriculture related uses and on-farm diversified uses. Other uses are not permitted. 2.5. Development is not generally permitted on lands designated Environmental Protection Area however some uses, including low intensity recreation and agriculture are permitted in accordance with the Official plan. 2.6. The DRAFT OPA as presented does not propose to change the land use designations in the Region of Durham Offiical Plan. 2.7. The DRAFT OPA as presented does not propose to change the land use designations in the Clarington Official Plan. 3. Background Official Plan Policy Background 3.1. Section 17, Special Study Areas is a section in the Clarington Official Plan that identifies areas in the Municipality that are subject to (future) comprehensive studies. Generally, until the specified studies are completed, the lands within a Special Study Area are limited to existing uses. 3.2. The Special Study Area 2 (“SSA2”) policies were approved as part of Official Plan Amendment 107 (OPA 107) which was adopted by Clarington Council in November 2016 and approved by the Region of Durham in June 2017. In contrast to the other Special Study Areas in the Official Plan, SSA2 is not mapped on the Land Use schedules, it is only described in the policy. Page 39 Municipality of Clarington Page 5 Report PDS-024-21 3.3. Starting in 2011, the Agricultural Advisory Committee of Clarington requested a study be undertaken as part of any expansion of the Greenbelt which was supported by Clarington Council. In 2013, as part of the Clarington Official Plan Review process, the expansion of the Greenbelt was discussed in the Countryside Discussion Paper and presented at public information centres. Subsequenlty, d uring the 2015 Provincial Plans review, Clarington Council requested the Province to protect agricultural lands. These directions from Council became the foundation for the SSA2 policies and policy 13.3.12 that were included in the Official Plan. 3.4. Following the Minister’s Zoning Order discussions regarding the Home Hardware, Clarington Council and the Agricultural Advisory Committee of Clarington (AACC) have received many delegations and requests from landowners within SSA2 requesting the SSA2 policies be deleted from the Official Plan. Please find the memo that Staff provided to Council for the February 1, 2021 Planning and Development Committee regarding this issue in Attachment 1 to this report. 3.5. Clarington Council, at a meeting held on February 8, 2021, approved the following Resolution #C-058-21: “That Staff issue the necessary notices for a Public Meeting under the Planning Act to be held on April 26, 2021, for the consideration of the deletion of Special Study Area 2 from the Clarington Official Plan.” 3.6. Staff acknowledge that the above Council resolution did not include policy 13.3.12. Staff believe it was appropriate to include this additional policy to the notice because policies in Section 17.3 and policy 13.3.12 have the same intent and apply to the same land. 3.7. The intent of policy 13.3.12 is to provide support for expansion of the Greenbelt Plan area to provide long term protection of prime agricultural land. Section 17.3 is also about the protection of high yielding agricultural lands. The main difference being that Policy 17.3.2 describes a historical request for a study, and that ‘studying’ the land prior to including lands is appropriate. 3.8. Figure 1 illustrates the lands that are subject to the DRAFT OPA. Policy 17.3.1 specifically describes the lands to which the SSA2 policies apply, which are the lands east of Highway 418 south and east of the Greenbelt boundary, north of Highway 401 and outside of the urban areas in Clarington. Similarly, policy 13.3.2 applies to the lands not already in the Greenbelt, and not within an existing Urban Areas. Both policies refer to land within SSA2 as shown in Figure 1. 4. Public Notice 4.1. In accordance with the Planning Act and previous Council direction the Notice of Statutory Public Meeting, Attachment 2, was emailed and/or mailed to the following:  534 Property Owners within SSA2 Page 40 Municipality of Clarington Page 6 Report PDS-024-21  217 Property owners or occupants of land in the rural area within 300m of SSA2  646 Property owners or occupants in the urban area within 120m of SSA2  20 Interested parties  35 Agencies and organizations. 4.2. The statutory Public Meeting was advertised in the Clarington This Week for three consecutive weeks beginning Thursday April 8, 2021 and concluding on Thursday April 22, 2021. It was also advertised in the Orono Times for three consecutive weeks beginning Wednesday April 7, 2021 and concluding on Wednesday April 21, 2021. 4.3. The statutory Public Meeting was advertised in the Planning and Development Services e-update on April 1 and 22, 2021. It has also been advertised on Clarington’s social media pages. 4.4. At the time of writing this report, there have been 143 unique visitors to the project webpage. On average the time spent on the webpage was approximately five minutes. To arrive at the project web page the majority (102) used the friendly URL (Clarington.net/SpecialStudyArea2), 34 via Facebook and seven through other routes. 4.5. Following public meeting notice, Staff presented the DRAFT OPA being considered to the AACC at their April 8, 2021 meeting. 5. Agency Comments 5.1. In accordance with the Planning Act and normal procedures, over 20 agencies were requested to provide comment on the DRAFT OPA. To date comments have been received from 5 agencies. 5.2. Both Canada Post Corporation and Ministry of Transporation of Ontario staff have indicated that they have no comments on the proposed DRAFT OPA. Enbridge Gas Distribution Inc. staff has no objection to the DRAFT OPA. 5.3. The Central Lake Ontario Conservation Authority (CLOCA) and Region of Durham indicate that deleting these policies will not affect the underlying land use designations or affect any of the existing land use permissions and as such, they do not offer objections should Council decide to delete the subject policies from the Official Plan. 6. Public Submissions 6.1. Since the release of the Notice of statutory Public Meeting on April 1, 2021 and writing this Report, Staff have received 27 telephone and/or email inquiries/submissions. The majority of the emails and telephone calls received were from residents requesting additional or clarification ofinformation. They also wanted to know whether or not their Page 41 Municipality of Clarington Page 7 Report PDS-024-21 property is affected, what the policies mean, and what it would mean to them if the policies were either kept or deleted. 6.2. Nine submissions have requested that the subject policies remain in the Off icial Plan. Reasons offered in support of keeping the policies include the following:  There are many benefits to urban sprawl however there is also a great benefit to maintaining the agricultural lands that separate said sprawl.  All lands in ‘purple’ should be located within the Greenbelt and all farming in these areas should be done so in an environmentally responsible way.  It is important for the Municipality of Clarington to be part of the process with the Province so a science-based study can be conducted prior to the addition of lands to the Greenbelt. These policies were included in Clarington’s Official Plan and therefore deemed important to protect prime agricultural and natural heritage and water systems. 6.3. Three submissions have been received that support removing the subject policies from the Official Plan. Reasons offered in support of removing the policies include the following:  Bowmanville is bordered by Greenbelt to the North and Lake Ontario to the South. If this greenbelt is expanded to include the area as shown in purple on the map, how does any further development or expansion of either Bowmanville, Courtice or Newcastle occur? The only way to expand would then be up and my understanding is that there are limitations in the Official Plan on building heights and obstructions of view.  I believe a special Greenbelt study is not required and everything should remain.  Clarington does not need more Greenbelt. 7. Concurrence Not Applicable. 8. Conclusion It is respectfully recommended that following the statutory Public Meeting and listening to members of the public and Council, Staff will prepare a recommendation report for Council’s consideration. Staff Contact: Lisa Backus, Principal Planner, 905-623-3379 x2413 or lbackus@clarington.net or Carlos Salazar at 905-623-3370 x 2409 or csalazar@clarington.net. Attachments: Page 42 Municipality of Clarington Page 8 Report PDS-024-21 Attachment 1 – MMC Memo re:Special Study Area 2 Attachment 2 – Notice of Statutory Public Meeting Interested Parties: on file List of Interested Parties available from Department. Page 43 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 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: Faye Langmaid, Acting Director of Planning and Development Services Date: January 30, 2021 File No.: COPA2021-0001 Re: Item 14.1 - Requirements for Public Meeting Notice for Special Study Area 2 of the Clarington Official Plan Special Study Area 2 – Greenbelt Expansion policies were adopted in the Official Plan as part of Official Plan Amendment 107 (OPA 107) in 2016. The policies for Special Study Area 2 were included based on input from the Agricultural Advisory Committee and the 2015 request of Clarington Council to the Province to protect Clarington’s agricultural lands. Attachment 1 delineates all the lands affected by this Special Study Area 2 as well as the properties within 120 metres of the Special Study Area 2 (the required notification limit). This is an excerpt of the Clarington Official Plan, 2018 Office Consolidation. 17.3 Special Study Area 2 - Greenbelt Expansion 17.3.1 Special Study Area 2 is all of the lands east of Highway 418 south and east of the Greenbelt boundary, north of Highway 401 and outside of the urban area boundaries in Clarington. 17.3.2 In May 2015, Clarington Council requested that the Province undertake an appropriate science-based study of agricultural capability to identify high yielding agricultural lands to be added to the Greenbelt for permanent protection. 17.3.3 The draft Greenbelt Plan (2016) identifies that the Government of Ontario will lead a process to identify potential areas to be added to the Protected Countryside of the Greenbelt. The Province will work with municipalities and others using a systems approach considering the connections with the Agricultural, Natural Heritage and Water Resource systems of the plan. Where it is determined that identified areas would benefit from Greenbelt protection, the Province may initiate amendments to the Greenbelt Plan. 17.3.4 Special Study Area 2 identifies the lands which the Municipality considers appropriate as an area for the future Greenbelt expansion study. Page 44 COPA2021-0001 Page 2 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 The policies in Section 17.3 provide no additional restrictions or permissions beyond a property’s existing land use designation in the Official Plan, or the Zoning By-law regulations. These policies simply describe an area of land the Municipality requested the Province to study. It is staff’s opinion that Section 17.3 of the Official Plan policies would not qualify as a municipal request to grow the Greenbelt. The Greenbelt Plan was reviewed and updated in 2017 (subsequent to Clarington’s Official Plan being adopted and approved), the Province did not carry out further studies at that time, they added major urban river valley systems to the Greenbelt including Graham, Wilmot, Soper and Bowmanville Creek valleys. Official Plan Amendment Process In response to New Business Item 14.1 of PDC Agenda for February 1st, staff have outlined the process required to amend the Clarington Official Plan (Attachment 2). Past practices and Official Plan policy include the notification of Clarington residents and request for comments from the prescribed agencies. In this case, the first possible date for a Statutory Public Meeting would be April 26,2021 to meet the standard requirements. Planning Act applications (municipally or privately initiated) for Official Plan Amendments (OPAs) require several key steps. Each of these steps have varying degrees of additional direction in the Planning Act. The key steps include: Prepare a proposed OPA Request comments from the agencies Statutory Public Meeting including notifications and a staff report Staff Recommendation Report to Council Council decision on the OPA Region of Durham Approval Attachment 2 describes each of these steps in detail and the associated timelines. Staff Resources To undertake this Official Plan Amendment staff in the Community Planning and Design Branch would be diverted from the Brookhill, Southwest Courtice (SWC) and the Southeast Courtice (SEC) Secondary Plan projects. For both the Brookhill and SWC Secondary Plan, this will mean the delay of bringing forward recommendation reports to adopt the Secondary Plans. For the SEC Secondary Plan, this will mean staff will be delayed in responding to the Region of Durham as they process the approval of the Secondary Plan. In addition, staff will be delayed in preparing the zoning by-law amendments needed to implement the Secondary Plans. Delaying these projects will also have the consequence of constraining the housing supply and building activity within the next few years in Clarington. Page 45 COPA2021-0001 Page 3 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 Public Notification/Consultation Council members are well aware that there is a difference between notification and consultation. The process outlined in Attachment 2 is notification as required by the Planning Act. To consult and properly inform the community and landowners affected, we would need to contact the property owners affected and host one or two public information centres in addition to the process outlined in Attachment 2. Conclusion Provided that Council acknowledges there will be delays in projects that Council have accepted funding from land-owner groups to advance; Staff would bring forward a Statutory Public Meeting Report at the April 26, 2021 Planning and Development Committee. As outlined previously, our recommendation is that this Official Plan amendment be part of the Clarington Official Plan review to be initiated this year. By being part of the OP review, Council will be able to comprehensively look at the whole municipality to the year 2051, the new planning horizon for official plans. Faye Langmaid Director (A) of Planning and Development Services cc: CAO Deputy Clerk Director of Legislative Services Lisa Backus Carlos Salazar Page 46 Attachment 1 Page 47 Attachment 2 Process Timeline Action Planning Act requirement and standard procedure (not including open houses) February 1 – Notice by Committee February 8 – Council ratifies decision to proceed with an OPA February 8 to March 12 Staff prepare the OPA and supporting materials Circulate to Agencies for comment April 1 - Notice of a statutory Public Meeting NOTE: May include the Recommendation report. Give notice for Statutory Public meeting minimum of 20 days in advance of Meeting date. Mail to all landowners affected by Study Area (approximate 500) Mail to all landowners/occupants within 120m of Study Area (approximate 900) Mail to Interested Parties (~20) Notice in 2 Newspaper (Orono Times, Clarington This Week) for three consecutive weeks Prescribed Agencies April 26 Statutory Public Meeting at Planning and Development Committee Meeting May 3 Council Ratification of Public Meeting decision May 5 -Notice of Council decision Notice of Decision letter prepared. Mail to all landowners in Study Area Interested Parties Page 48 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 Timeline Action Planning Act requirement and standard procedure (not including open houses) about Statutory Public Meeting May 5 Notice of Recommendation Report (or Send with the notice of PM) Prepare notice of recommendation report if notice not given as part of Statutory Public Meeting Mail to all landowners in Study Area Interested Parties May 17 Recommendation Report at Planning and Development Committee Meeting May 27 Council Ratification May 27 - Notice of Adoption Prepare a notice of adoption Mail to all landowners affected Interested Parties May 27 - June 10 Forward to Region for Approval Staff to prepare an Area Municipal Official Plan Amendment Document Package Fall 2021- Region of Durham Decision Page 49 Notice of Statutory Public Meeting We want to hear from you! Clarington Council has directed Staff to seek input from the public regarding a DRAFT Official Plan Amendment (OPA) that would serve to delete policy 13.3.12 and Section 17.3 Special Study Area 2 –Greenbelt Expansion from Clarington’s current Official Plan. The policies that are the subject of the DRAFT OPA are quoted below: The DRAFT Official Plan Amendment and a map that depicts the subject lands to which the policies apply are attached to this notice. This, and additional information will be available for review at www.Clarington.net/SpecialStudyArea2 beginning on April 1, 2021. Statutory Public Meeting Details 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. This meeting is live-streamed for public viewing at www.clarington.net/calendar Date: Monday, April 26, 2021 Time: 7:00 pm Place: Electronic Teams meeting by way of on-line device or telephone 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, April 23, 2021 at 4:00 pm. 13.3.12 The Municipality supports the expansion of the Greenbelt Plan Area to provide long term protection of prime agricultural land. 17.3 Special Study Area 2 - Greenbelt Expansion 17.3.1 Special Study Area 2 is all of the lands east of Highway 418 south and east of the Greenbelt boundary, north of Highway 401 and outside of the urban area boundaries in Clarington. 17.3.2 In May 2015, Clarington Council requested that the Province undertake an appropriate science-based study of agricultural capability to identify high yielding agricultural lands to be added to the Greenbelt for permanent protection. 17.3.3 The draft Greenbelt Plan (2016) identifies that the Government of Ontario will lead a process to identify potential areas to be added to the Protected Countryside of the Greenbelt. The Province will work with municipalities and others using a systems approach considering the connections with the Agricultural, Natural Heritage and Water Resource systems of the plan. Where it is determined that identified areas would benefit from Greenbelt protection, the Province may initiate amendments to the Greenbelt Plan. 17.3.4 Special Study Area 2 identifies the lands which the Municipality considers appropriate as an area for the future Greenbelt expansion study. Page 50 Page 2 If you are unable to participate electronically, please contact the Clerk’s Division and we will do our utmost to accommodate you. Written Submissions We encourage you to submit your written comments prior to the date of the Public Meeting for Committee’s consideration to Lisa Backus via email lbackus@clarington.net by mail or drop box to 40 Temperance Street, Bowmanville, ON L1C 3A6. A drop box is located at the Church Street entrance. More information If you wish to be notified of the decision of Clarington Council on the proposed Official Plan Amendment, you must make a written request to the Municipal Clerk, 40 Temperance Street, Bowmanville, ON, L1C 3A6. Right of Appeal If a person or public body would otherwise have an ability to appeal the decision of Clarington Council to the Local Planning Appeal Tribunal but the person or public body does not make oral submissions at a public meeting or make written submissions to the Municipality of Clarington before the proposed official plan amendment is adopted, the person or public body is not entitled to appeal the decision. If a person or public body does not make oral submissions at a public meeting or make written submissions to the Municipality of Clarington before the proposed official plan amendment is adopted, the person or public body may not be added as a party to the hearing of an appeal before the Local Planning Appeal Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to add the person or public body as a party. Freedom of Information and Protection of Privacy Act The personal information you submit will become part of the public record and may be released to the public. Questions about the information we collect can be directed to the Clerk’s Department at 905- 623-3379, extension 2102. Accessibility If you have accessibility needs and require alternate formats of this document or other accommodations, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Questions? Please contact Lisa Backus 905-623-3379, extension 2413, or by email at LBackus@clarington.net. File Number: COPA2021-0001 Ryan Windle, MCIP, RPP, AICP Director of Planning and Development Services Page 51 Page 3 DRAFT Amendment No. xx to the Clarington Official Plan Purpose: The purpose of this Amendment is to delete Policy 13.3.12 and Subsection 17.3 Special Study Area 2 – Greenbelt Expansion policies from the Clarington Official Plan. Location: This Amendment applies to approximately 3800 hectares of land. This area is generally described as all the lands east of Highway 418, south and east of the Greenbelt boundary between Courtice and Bowmanville, south and west of the Greenbelt boundary between Bowmanville and Newcastle, north of Highway 401 and outside of the urban area boundaries in Clarington. (see map on reverse). Effect: The effect of removing of these policies from the Official Plan is that the Official Plan would no longer identify Council’s position that prior to consideration of expanding the Greenbelt Plan Area a science-based study be undertaken by the Province to identify the appropriate lands for inclusion. Whether these policies are in the Official Plan or not, the Province determines the procedures and consultation process for expanding the Greenbelt Plan Area. The deletion of the policies does not affect the existing land use designations or zoning by-law permissions and regulations for the properties affected. Proposed Amendments Unless otherwise indicated in the Amendment, additional text is shown with an underline and deleted text is shown with a strike-through. 1. Existing subsection 13.3.12 is deleted in its entirety and the subsequent subsection is renumbered accordingly: “13.3.12 The Municipality supports the expansion of the Greenbelt Plan Area to provide long term protection of prime agricultural land.” 2. Existing Section 17 Special Study Areas is hereby amended as follows: “17.3 Special Study Area 2 – Deleted Greenbelt Expansion 17.3.1 Special Study Area 2 is all of the lands east of Highway 418 south and east of the Greenbelt boundary, north of Highway 401 and outside of the urban area boundaries in Clarington. 17.3.2 In May 2015, Clarington Council requested that the Province undertake an appropriate science-based study of agricultural capability to identify high yielding agricultural lands to be added to the Greenbelt for permanent protection. 17.3.3 The draft Greenbelt Plan (2016) identifies that the Government of Ontario will lead a process to identify potential areas to be added to the Protected Countryside of the Greenbelt. The Province will work with municipalities and others using a systems approach considering the connections with the Agricultural, Natural Heritage and Water Resource systems of the plan. Where it is determined that identified areas would benefit from Greenbelt protection, the Province may initiate amendments to the Greenbelt Plan. 17.3.4 Special Study Area 2 identifies the lands which the Municipality considers appropriate as an area for the future Greenbelt expansion study.” Page 52 Page 4 Page 53 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: April 26, 2021 Report Number: PDS-025-21 Submitted By: Ryan Windle, Director of Planning and Development Services Reviewed By: Andrew C. Allison, CAO By-law Number: File Number: PLN 26.15.1 Resolution#: Report Subject: Darlington New Nuclear Build, License Renewal Hearing Recommendation: 1. That Report PDS-025-21 be received for information; and 2. That Council adopt the following resolution: That the Darlington Nuclear Generating Station has been a significant part of the Municipality of Clarington since the 1980s, and has provided many positive benefits to the community with minimal adverse effects on the natural environment; That the Municipality of Clarington Council and Staff have attended numerous meetings and information sessions with respect to the Darlington New Nuclear Power Plant Project and are therefore very knowledgeable with respect to the Project; and That the Municipality of Clarington retained a qualified team of professionals to undertake a detailed peer review of the draft Environmental Impact Statement for the Darlington New Nuclear Power Plant Project and, on the basis of this peer review, can state with confidence that the Environmental Impact Statement meets the requirements of the Guidelines for the preparation of the document and that it satisfactorily addresses the Municipality's issues and concerns with respect to the Project; Page 54 Municipality of Clarington Page 2 Report PDS-025-21 That the Municipality of Clarington's peer review of the Environmental Impact Statement for the Darlington New Nuclear Power Plant Project agreed with the study’s conclusions; That Council and the residents of the Municipality of Clarington have been steadfast in their support for the proposed Darlington New Nuclear Power Plant Project and are eager to have nuclear power generation continue as a positive presence in our community; That Council and the community of Clarington are very supportive of the use of Small Modular Reactors (SMR) as it would avoid the use of cooling towers, thus minimizing the impact on aquatic organisms and habitat and any associated socio-economic impacts for Clarington and Durham Region, for the Darlington New Nuclear Power Plant Project; That Clarington Staff has worked with representatives of the Canadian Nuclear Safety Commission (CNSC), Ministry of Municipal Affairs and Housing, Durham Region and Ontario Power Generation to ensure that sensitive land uses are addressed within the three-kilometer buffer zone; That many traffic and transportation network improvements have been implemented over the past decade to address potential deficiencies within the network and Clarington Staff have reviewed the findings of the updated Traffic Assessment Report, September 2019; and That the Council of the Municipality of Clarington hereby advises the CNSC that it supports the Darlington New Nuclear Power Plant Project and strongly supports the use of SMR technology; 3. That the Mayor and Senior Staff accept the invitation of the CNSC to appea r at the hearing in June to outline the Municipality’s support for the project, our involvement and comments as set out in Report PSD-010-11 and reaffirmed in this Report PDS-025-21; and 4. That the Canadian Nuclear Safety Commission and Ontario Power Generation and all interested parties be notified of Council’s decision. Page 55 Municipality of Clarington Page 3 Report PDS-025-21 Report Overview Ontario Power Generation has applied for renewal of their Canadian Nuclear Safety Commission license for site preparation in anticipation of the Darlington New Nuclear Plant. Clarington participated in the review of the Environmental Assessment and fully supports the findings and the works that have occurred over the past decade. It is recommended that Clarington continue to support and promote the development of New Nuclear at the Darlington site and particularly the development of Small Modular Reactors. 1. Background Purpose of the Report 1.1 To advise Council of the notice and invitation from the Canadian Nuclear Safety Commission (CNSC) to submit comments and attend the public hearing on June 9-10, 2021. 1.2 To inform Council of the Municipality’s previous comments on the New Nuclear site preparation licence and updates that have taken affect over the decade. The Project 1.3 Ontario Power Generation (OPG) was directed by the Ontario Ministry of Energy in June 2006 to begin the federal approvals process (including an environmental assessment (EA)) for new nuclear units at an existing site. OPG initiated this process, and in September 2006 submitted an application for a Licence to Prepare the Site to the CNSC for a new nuclear power generating station at the Darlington Nuclear site, located in the Municipality of Clarington on the north shore of Lake Ontario, in the Region of Durham. 1.4 The Darlington New Nuclear Plant (DNNP) is proposed to be located primarily on the easterly one-third of the Darlington Nuclear site, with reactor buildings and other related structures located south of the CN rail line. The proposed development involves the construction and operation of four nuclear reactor units supplying up to 4,800 Megawatts (MW) of electrical capacity to meet the baseload electrical requirements of Ontario. Figure 1 shows the site of the DNNP and the existing Darlington Nuclear Generating Station in proximity to St. Marys Cement and Bowmanville’s residential area. Page 56 Municipality of Clarington Page 4 Report PDS-025-21 Figure 1 is the New Nuclear Site within the OPG lands. CNSC Licence 1.5 The EA considered the three phases of the DNNP (Site Preparation and Construction, Operation and Maintenance, and Decommissioning and Abandonment) extending over approximately 140 years. OPG was first granted approval by the CNSC for a Site Preparation license in 2012. The license has a ten-year lifespan and is now being considered for renewal. 1.6 CNSC is holding the hearing to consider OPG’s application to renew its nuclear power reactor site preparation licence for the DNNP. The licence expires in August 2022. 1.7 The current licence authorizes OPG to prepare the Darlington Nuclear site for the potential future construction and operation of a new nuclear generating station. A separate application and licensing process, with public participation, will be necessary should OPG decide to go forward with the construction and operation of new nuclear reactors within the Darlington site. Page 57 Municipality of Clarington Page 5 Report PDS-025-21 1.8 OPG is currently managing the site, focusing on items with longer lead times, such as the Bank Swallow Program, aquatic environment characterization and once -through condenser cooling. 1.9 OPG is seeking a 10-year licence renewal and amendment of its licensing basis to include modern regulatory references as well as modern codes and standards. Clarington’s Prior Actions 1.10 During the preparation of the EA by OPG, Clarington undertook a Peer Review and provided comments to OPG to strengthen their EA submission (Report PSD-073-09), a subsequent report provided support for the OPG recommended once-through lake water cooling system and strongly opposed the use of cooling towers (Report PSD-076- 10). Report PSD-010-11 set out Clarington’s support for the DNNP project. Clarington also entered into a Host Community Agreement (Report CAO-003-09). Clarington’s Mayor and Senior Staff appeared in support of OPG’s application during the March 2011 CNSC Hearing. 2. Progress on Issues CNSC Recommendations – Land Use 2.1 As a result of the March 2011 CNSC hearing and review, Recommendations 43, 44, 45 and 59 were in whole or part directed to the Municipality of Clarington. We were to address land use planning in and around nuclear generating stations and regarding sensitive residential development and public facilities (e.g. schools and recreation) within a three-kilometre buffer. As a result of these recommendations CNSC staff- initiated discussions with representatives from the Ministry of Municipal Affairs and Housing, Durham Region, Clarington and OPG. The result of this process were changes to the Provincial Policy Statement (PPS) in 2014 to address the inclusion of electricity generation facilities under the definitions of development, infrastructure and major facilities such that Policies 1.2.6.1 and 1.2.6.2c would apply for sensitive land uses. 2.2 Once included in the PPS, Clarington amended their Official Plan (Policy 3.7.9) to address the appropriate setbacks from the Nuclear Plant for sensitive land uses. To ensure this is implemented, any development applications within three kilometres of the OPG site, using the centre of the site, are circulated to OPG and CNSC for their comments. Page 58 Municipality of Clarington Page 6 Report PDS-025-21 Traffic Improvement Implementation 2.3 For renewal of the license, OPG is required to show it has taken reasonable steps to update all studies previously completed as part of the licensing process to account for any changes since 2009. Since that time, Highway 418 has been built, the Holt Road Interchange has been totally redeveloped and South Service Road has been shifted south. The following table from the updated Traffic Assessment Report outlines the improvements to intersections that have occurred over the past decade. Table 3-1 from the Traffic Assessment Report Intersection Changes – 2009 to 2019 Intersection Applied Changes Since 2009 King Street at Courtice Road Introduction of an exclusive southbound right- turn lane King Street at Solina Road Southbound left-turn prohibited (temporary) King Street at Maple Grove Road Signalization of the intersection Introduction of a southbound left-turn lane and channelized southbound right-turn lane Introduction of a northbound left-turn lane and channelized northbound right-turn lane Highway 401 Eastbound Ramps at Courtice Road Intersection modified to have an exclusive left-turn lane and a shared through/right-turn lane at the off-ramp On-ramp relocated to be aligned with on-ramp (currently under construction, assessed as existing as part of this study) Courtice Road at Energy Drive New stop-control Intersection (as Energy Drive did not exist previously) Park Road at Energy Drive Previously Park Drive at South Service Road Introduction of a westbound left-turn lane Introduction of a northbound right-turn lane Highway 401 Westbound Ramps at Holt Road Change from stop-control to roundabout-control Additional through lanes on both approaches of Holt Road with removal of southbound left-turn lane Introduction of westbound left-turn lane Highway 401 Eastbound Ramps at Holt Road Change from stop-control to roundabout- control Intersection now separate from what was previously South Service Road (i.e. no westbound receiving lane) Additional through lanes on both approaches of Holt Road with removal of northbound left-turn lane Energy Drive at Holt Road New roundabout intersection Highway 401 Eastbound Previously Highway 401 Eastbound Ramps at Page 59 Municipality of Clarington Page 7 Report PDS-025-21 Intersection Applied Changes Since 2009 Ramps at Energy Drive* South Service Road *Note: Energy Drive (previously South Service Road) at its intersection with the Highway 401 E astbound ramps, as well as the Highway 401 W estbound off-ramp at its intersection with Bowmanville Avenue, were previously assessed with additional turning lanes per the 2010 study (compared to the 2019 existing conditions. 2.4 Clarington Staff participated along with MTO, the Region, OPG, Metrolinx and others on the Transportation Working Group to ensure implementation of the traffic improvements in Table 3-1. The updated Traffic Assessment Report was completed in 2019 and submitted to Clarington staff for comment. Public Works staff have reviewed and accepted the report. 2.5 The 2019 Traffic Assessment Report also analyzed the traffic associated with the progress of the DNNP through its various stages of construction and operation. It is projected to have a minor impact on the traffic operations within the study area road network under the 2022 future total conditions. The additional traffic is projected to have a negligible impact on delay at the signalized study intersections during the study periods. Additionally, all turning movements at the stop-controlled intersections are projected to remain under capacity with a Level of Service D or better, except for select turning movements at the intersection of Energy Drive at Courtice Road. 2.6 The Traffic Assessment Report modelled five-year increments of traffic generation for all OPGs activities. The traffic generation model considered the DNNP site, DNGS operations (staff), Refurbishment contractors and OPG Headquarters Campus. I n the modelling forecast it is anticipated that by 2031 a signalized intersection will be necessary at Holt and Baseline Roads. This recommendation will have to be reviewed in the context of a future update to the Clarington Master Transportation Plan to account for growth in the area. OPGs Application 2.7 OPG’s current Power Reactor Site Preparation Licence is for up to four reactor units with a maximum net electrical output of 4,800 megawatt (MW). 2.8 Site preparation activities listed in the renewal application include: a. Construction of site access control measures; b. Clearing and grubbing of vegetation; c. Excavation and grading of the site to a finished elevation of approximately 78 masl (metres above sea level); d. Installation of services and utilities (domestic water, fire water, sewage, electrical, communications, natural gas) to service the future nuclear facility; e. Construction of administrative and support buildings inside the future protected area; Page 60 Municipality of Clarington Page 8 Report PDS-025-21 f. Construction of environmental monitoring and mitigation systems; and g. Construction of flood protection and erosion control measures. 2.9 OPG’s application for licence renewal replicates their original 2009 application. However, the new nuclear project development now being proposed is much smaller at 300 to 400 MW net facility output. OPG in their Notice of Intent for Submission, dated December 2, 2020 to the CNSC, notified the regulator that they “intend to apply for a licence to construct for a grid-scale Small Modular Reactor (SMR) facility.” SMRs are in the range of 300-400 MW net facility output and would not require cooling towers. SMRs are small nuclear reactors aimed at new markets to tackle global needs for safe, clean, economic energy. 2.10 Subsequent to the EA approval in 2011, OPG prepared an options assessment for condenser cooling water and concluded that once through cooling with lake water was the best available technology economically achievable. OPG is now working towards the construction of SMRs for DNNP, which is a smaller project in scope. OPG undertook a study in 2020 to assess the cost competitiveness for a SMR scope. OPG will need to demonstrate the performance criteria for once through cooling can be met during the detailed design stage and as part of the application for a licence to construct. 2.11 OPG is considering potential options for the on-grid deployment of SMR technology with three SMR technology development companies. OPG is positioning themselves to lead the development and deployment of grid-scale SMRs. 2.12 OPG has not selected a technology partner, or reactor design, for the DNNP, that is a future step. OPG continues to be open to potential opportunities, including from other developers. They are seeking a strong business case. The specific technology would be the subject of a subsequent application to CNSC for a license to construct. OPG has committed to provide CNSC with a Licence to Construct Plan document by June 30, 2021. 3. Clarington’s Comments 3.1 Clarington supports Canada’s SMR Action Plan launched in December 2020. Clarington supports OPG’s development of the first on-grid SMR application in Canada, if that is the technology selected. 3.2 Durham Region is the home of the Centre for Canadian Nuclear Sustainability and is a hub of nuclear academia, engineering and manufacturing. The Region is positioned to be the centre of excellence in Canada for nuclear generation, research and development, supply chain, and deployment of innovative nuclear technology, nuclear waste minimization and fuel recycling. 3.3 Clarington values OPG’s continued dedication to community organizations, our post - secondary institutions, local procurement and the relocation of their administrative headquarters to Clarington. Page 61 Municipality of Clarington Page 9 Report PDS-025-21 3.4 As a leader in municipal efforts to address climate change, Clarington appreciates that the clean electricity supply provided by the DNNP will enable our community to pursue a strategy to help meet Clarington’s Climate Change initiatives and the Durham Community Energy Plan target of 80% below 2007 levels by 2050 for greenhouse gas (GHG) emissions. 3.5 Clarington is pleased to work in partnership with OPG on various initiatives including public awareness, emergency management, transportation network improvements, potassium iodide (KI) pill distribution, and on the Darlington Community Advisory Council. Clarington is committed to strengthening this partnership. 3.6 Clarington has implemented land use policies and protocols to address the restriction of sensitive land uses within the three kilometre buffer from the centre of the site. Clarington is committed to ensuring appropriate land use and emergency planning. 4. Concurrence 4.1 This report has been reviewed by the Director of Public Works and the Fire Chief who concur with the recommendation. 5. Conclusion 5.1 The effectiveness of Clarington and OPGs ongoing partnership is reflected in our ongoing open dialogue on a range of issues. OPG provides briefings and updates to Council and the community on a regular basis and at the Darlington Community Advisory Council meetings. 5.2 It is respectfully recommended Council endorse the Resolution outlined in Recommendation #2. That Staff register and provide this Report as Clarington’s written submission to the CNSC Secretariat by May 3, 2021 indicating the Mayor and Senior Staff will be attending the hearing as requested. 5.3 Inform CNSC, Clarington has confidence in the approved EA from 2010 and support OPGs application to renew its site preparation licence. Staff Contact: Faye Langmaid, Manager of Special Projects, 905-623-3379 x2407 or flangmaid@clarington.net. Attachments: Not Applicable Interested Parties: List of Interested Parties available from Department. Page 62 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: April 26, 2021 Report Number: PDS-026-21 Submitted By: Ryan Windle, Director of Planning and Development Services Reviewed By: Andrew C. Allison, CAO Resolution#: File Number: PLN 13.1 By-law Number: Report Subject: Lease with Lakeridge Health for a Temporary Air Ambulance Heliport Recommendations: 1. That PDS-026-21 be received; 2. That the Mayor and Municipal Clerk be authorized to execute a Lease Agreement between the Municipality of Clarington and Lakeridge Health substantially on the terms set out in Attachment 2; and 3. That all interested parties listed in Report PDS-026-21 and any delegations be advised of Council’s decision. Page 63 Municipality of Clarington Page 2 Report PDS-026-21 This report recommends that Mayor and Municipal Clerk be authorized to execute a Lease Agreement between the Municipality of Clarington and Lakeridge Health for an air ambulance heliport located at 1150 Haines Street in Bowmanville. Background 1.1 In September 2018, the helipad at the Bowmanville Hospital ceased operations due to safety concerns. Since that time, staff have been working with representatives from Lakeridge Health on securing a temporary site to accommodate emergency air transportation until a permanent rooftop helipad is completed as part of the Bowmanville Hospital redevelopment plan. 1.2 In January 2021, the Ministry of Health announced funding to move forward with the development of a temporary helipad at 1150 Haines Street, just south the Bowmanville Cemetery on lands owned by the Municipality of Clarington. The Ministry will fund 80% of the heliport, the remaining is being funded by the Bowmanville Hospital Foundation. 1.3 Transport Canada has jurisdiction over aviation in Canada and regulates airport and heliport design and operation through the Canadian Aviation Regulations. Approvals are required from Transport Canada for the heliport. Public Consultation 2.1 Transport Canada requires proof that the applicant has consulted with the local government authority. As part of the consultation process Lakeridge Health posted a sign on the site and notice was given to all landowners within 500 metres of the subject lands. The consultation process commenced on March 16 and concluded on April 5, 2021. No feedback was received by email or phone by any members of the public or stakeholders. The Public Consultation Summary Report prepared by SNC Lavalin forms Attachment 1 to this report. Obligations of the Lease 3.1 The lease is similar to standard lease arrangements the Municipality has with other entities. See Attachment 2. 3.2 The Municipality of Clarington is leasing the lands for 10 years, for an annual sum of $1.00. 3.3 Lakeridge Health is exempt from the municipal portion of the property taxes for the site. 3.4 Prior to making any improvements for the heliport, Lakeridge must submit a site plan which generally includes vehicular access and circulation, parking areas, snow storage, lighting, grading and drainage, and signage. Lakeridge Health will be responsible for obtaining permits from the Central Lake Ontario Conservation Authority. Page 64 Municipality of Clarington Page 3 Report PDS-026-21 3.5 Once the heliport is no longer required, Lakeridge Health will be responsible for removal of all works associated with the heliport it has installed and shall restore the lands to the state they were in before the heliport improvements were made. 3.6 The southerly expansion of the Bowmanville Cemetery lands was approved in the 2020 budget for detailed site design and construction at a cost of $1,325,000. The expansion includes an increase in the number of cemetery lands for additional plots, internal access roads, trails and landscaping. The works yard and existing Quonset hut will be relocated to the south end of the site with appropriate screening. 3.7 As part of the expansion plan, a pedestrian trail is planned through the site. The trail will align with the existing trail on the east side of Haines Street recently completed by Toyota. Toyota has committed additional funds to install the trail on the west side of Haines Street which will connect across the creek to Soper Creek Park. The area of the helipad is situated on the permanent trail alignment of the trail. To accommodate the heliport, Staff agreed to a temporary trail alignment. Lakeridge Health has agreed to pay for a portion of the temporary trail at an upset limit of $20,000.00. Concurrence 4.1 This report has been reviewed by the Director of Public Works, the Director of Emergency and Fire Services and Director of Legislative Services who concur with the recommendations. Recommendation The temporary helipad situated at 1150 Haines Street is a temporary location while a permanent helipad will be part of the future Bowmanville Hospital expansion. It is respectfully recommended that the Mayor and Clerk be authorized to execute a Lease Agreement between the Municipality of Clarington and Lakeridge Health substantially on the terms set out in Attachment 2. Staff Contact: Cynthia Strike, Manager of Development Review, 905 -623-3379 extension 2410 or cstrike@clarington.net. Attachments: Attachment 1 - Bowmanville Hospital Temporary Heliport Public Consultation Summary Report- Final, April 12, 2021 Attachment 2 - Lease Agreement Interested Parties: Mark Murphy, Lakeridge Health Richard Csanadi, Lakeridge Health Page 65 Bowmanville Hospital Temporary Heliport Public Consultation Summary Report – F inal Lakeridge Health Ref. 680126-31MB-0004-01_Consult_Summ_Report 12 April 2021 Page 66 Bowmanville Hospital Temporary Heliport Public Consultation Summary Report – Final 680126-31MB-0004-0_Consult_Summ_Report ii Document history Revision Purpose description Origin- ated Checked Reviewed Author- ised Date Rev 1.0 Draft for review SN MC MC MC 9 April 2021 Rev 2.0 Final MC CS/SS MC RC 12 April 2021 Page 67 Bowmanville Hospital Temporary Heliport Public Consultation Summary Report – Final 680126-31MB-0004-0_Consult_Summ_Report iii Table of Contents 1.Introduction 1 2.Framework and Approach 1 2.1. Regulatory Framework 1 2.2. Approach Adopted by Lakeridge Health 1 3.Consultation Activities 1 3.1. Formal Notification to Interested Parties 2 3.2. Public Notification on the Proposed Temporary Helipad Site 4 3.3. Media Communications 4 4.Stakeholder and Public Feedback 4 5.Anticipated Project Implementation 5 Appendix A: Lakeridge Health Bowmanville Heliport – Haines Street Greenfield Site Proposed Public Consultation Process Appendix B: Roll-out Plan Appendix C: Lakeridge Health Leadership Forum Memo (12 March 2021) Appendix D: Newsletter Mail-out to Adjacent Land Owners Appendix E: Temporary Helipad Information Webpage Appendix F: Online Press Coverage Page 68 Bowmanville Hospital Temporary Heliport Public Consultation Summary Report – Final 680126-31MB-0004-0_Consult_Summ_Report 1 1. Introduction Lakeridge Health is developing a temporary helipad on a site located on the west side of Haines Street, immediately south of the Bowmanville Cemetery, to support emergency air transportation to and from the Bowmanville Hospital. This site is owned by the Municipality of Clarington and has been approved by the Ministry of Health. The temporary helipad will operate on this site until a permanent roof-top helipad is completed as part of the Bowmanville Hospital redevelopment plan. As part of the design process and to support certification of the helipad by Transport Canada, Lakeridge Health implemented a public consultation program to garner commentary and/or address community concerns relating to the location and operation of the facility. This document provides a summary of this program and its findings. 2. Framework and Approach 2.1. Regulatory Framework Transport Canada holds jurisdiction over aviation in Canada and regulates airport and heliport design and operations through the Canadian Aviation Regulations (CARs). Consultations for existing and proposed aerodrome work are addressed in CAR 307 where details are given regarding applicable aerodromes, interested parties, notices and signage and the summary report submitted to the Minister. CAR 307.02(d) excludes aerodromes, including heliports, that are used primarily for helicopter operations, from the consultation process as defined in CAR 307. Heliport related standards are further detailed in CAR 305 and Standard 325 – Heliport Standards. Application and issuance of a heliport certificate, addressed in CAR 305.08(1)(d), requires submission of proof to the Minister that the applicant has consulted with the local government authority relating to the proposed heliport and adjacent land in accordance with the requirements of the applicable heliport standard. Although heliports are excluded from the consultation process defined in CAR 307, compliance with CAR 305.08(1)(d) still requires proof of consultation with local government. Following discussion with the local Transport Canada civil aviation inspector, it was agreed that a letter from the Muncipality of Clarington confirming completion of a consultation, was sufficient proof. 2.2. Approach Adopted by Lakeridge Health To inform the Municipality of Clarington’s support for the Haines Street heliport project, Lakeridge Health engaged SNC-Lavalin to develop a suitable consultation program. The ensuing program was inspired on applicable practices outlined in CAR 307. More detail on this framework is provided Appendix A. 3.Consultation Activities The methodology outlined in CAR 307 for aerodrome projects involves three core public notification activities. To seek public input and commentary on the Bowmanville Hospital Temporary Heliport project, three core public notification activities were implemented: Formal notification to interested parties; Public notification on the proposed temporary helipad site; and Media communications. Page 69 Bowmanville Hospital Temporary Heliport Public Consultation Summary Report – Final 680126-31MB-0004-0_Consult_Summ_Report 2 A 32-day public input period was established to collect commentary and/or questions from the general public. A copy of the roll-out plan is provided in Appendix B. Key milestones of the consultation program are highlighted in the table below. Date Action 8-12 Feb 2021 Finalization of Stakeholder List and Contact Leads 8 Feb – 10 Mar 2021 Consultation Material Development Feb 10 – 12 Mar 2021 Lakeridge Health and Government Stakeholders Notifications 11 Mar 2021 Adjacent Land Owner Notification Mail-out 11 Mar 2021 On-site Public Notice Signage Installation 11 Mar – 5 Apr 2021 Public Comment Period (32 Days) Note that prior to initiation of these activities, key stakeholders and the general public had been informed at various stages of the Bowmanville Hospital redevelopment project and of the need to develop a temporary helipad on the Haines Street site. 3.1. Formal Notification to Interested Parties Lakeridge Health and Government Stakeholders Between 20 February and 12 March 2021, formal notifications were sent to Lakeridge Health and Government Stakeholders as outlined in the table below. Stakeholder Notification Lakeridge Health Board CEO report - February Lakeridge Health Senior Management Team Briefing - January Lakeridge Health Senior Staff/Physicians Leadership Forum Memo – See Appendix C Bowmanville Hospital Staff/Physicians Leadership Forum Memo – See Appendix C Bowmanville Foundation Internal Memo Clarington Mayor and Town Council Engagement materials in advance via Planning Department MPP Parks Advance briefing via LH Communications Staff MP O’Toole Advance briefing via LH Communications Staff Adjacent Land Owners On 11 March 2021, Land Owners located within a 500m radius of the temporary helipad site were contacted by newsletter mailout. The letter included a summary description of the heliport site, timeline for construction and start of operation, operator information and methods to provide written feedback (email or phone). Land owners were asked to provide commentary or input by 5 April 2021. A copy of the newsletter is provided in Appendix D. The areas highlighted in yellow in the map on the following page indicate that locations of the notified land owners. Page 70 Bowmanville Hospital Temporary Heliport Public Consultation Summary Report – Final 680126-31MB-0004-0_Consult_Summ_Report 3 Locations of Notified Land Owners Page 71 Bowmanville Hospital Temporary Heliport Public Consultation Summary Report – Final 680126-31MB-0004-0_Consult_Summ_Report 4 3.2. Public Notification on the Proposed Temporary Helipad Site Public signage was erected on the Haines Street site on 11 March 2021 to inform the general public of Lakeridge Health’s plans to develop the temporary helipad. The signage contained a summary description of the helipad project and future operations, operator information and methods to provide written feedback (email or phone). Commentary or input was requested by 5 April 2021. Site Notification Signage 3.3. Media Communications Webpage A webpage was set up in Lakeridge Health’s website at the following URL: https://www.lakeridgehealth.on.ca/en/aboutus/bow_community_update.asp The webpage contains similar information to that of the Land Owner mail-out and was still active at the time this summary report was prepared. A copy of the webpage can be found in Appendix E. Online Press Two articles appeared in local online news publications: Durham Radio News (16 March 2021) – “Temporary helipad coming to Bowmanville after air ambulance service to hospital halted” The Star / Local: News / Clarington This Week (25 March 2021) – “Late 2021 lift off for Bowmanville hospital temporary helipad” Copies of both articles are provided in Appendix F. 4.Stakeholder and Public Feedback No feedback was received by email or phone from stakeholders and residents during the 32- day consultation period that extended from 11 March to 5 April 2021. Page 72 Bowmanville Hospital Temporary Heliport Public Consultation Summary Report – Final 680126-31MB-0004-0_Consult_Summ_Report 5 5. Anticipated Project Implementation Tendering for construction activities is being planned to occur in May 2021, with construction scheduled to commence in June 2021. Subject to construction completion and Transport Canada certification timelines, the temporary heliport is anticipated to commence operations in late October 2021. Page 73 Bowmanville Hospital Temporary Heliport Public Consultation Summary Report – Final 680126-31MB-0004-0_Consult_Summ_Report Appendix A: Lakeridge Health Bowmanville Heliport – Haines Street Greenfield Site Proposed Public Consultation Process Page 74 Lakeridge Health Bowmanville Heliport – Haines Street Greenfield Site Proposed Public Consultation Process November 6, 2018 Prepared For: Lakeridge Health Infrastructure Page 75 LAKERIDGE HEALTH BOWMANVILLE HELIPORT – HAINES STREET GREENFIELD SITE PROPOSED CONSULTATION PROCESS 1. Overview The following document provides an outline of the proposed public consultation process for the Lakeridge Health Bowmanville Heliport – Haines Street Greenfield Site, in the Municipality of Clarington. To provide clarity regarding consultation for development work undertaken at certified and non- certified aerodromes, Transport Canada Aerodrome issued Canadian Aviation Regulation 307 – Aerodromes – Consultations (CAR 307) in November 2017. Aerodrome work is defined in the Regulation as “work, other than work necessary to comply with a new requirement imposed by or under the Aeronautics Act, carried out for any of the following purposes: (a) building a new aerodrome; or (b) at an existing aerodrome, (i) building a new runway for aeroplanes, or (ii) increasing the length of an existing runway for aeroplanes by 100 m or by 10%, whichever is greater.” The Regulation also provides minimum expectations for how the consultation should be conducted, including timelines, who to notify and under what circumstances. CAR 307 does not apply however to heliports. To support Transport Canada’s certification of the proposed Lakeridge Health Bowmanville Heliport – Haines Street Greenfield Site and to address requirements for suitable public consultation from the Municipality of Clarington, Lakeridge Health and its consultant (‘the Consultant” or “SNC-Lavalin”) propose implementing applicable elements of CAR 307 in the approvals exercise. 2. The Consultation Process The methodology outlined in CAR 307 includes the following. 2.1 Pre-Consultation Contact with Interested Parties Although not required in the Regulation, an industry best practice is to pre-consult with key stakeholders during the planning and development stage is recommended. Pre-consultation with Transport Canada and the Municipality of Clarington was conducted during development of the Feasibility Study – Surface Level Heliport at Haines Street Site. 2.2 Consultation CAR 307 identifies a 45-day consultation with Interested Parties. The process is outlined on the following page. 1 NOVEMBER 6, 2018 © SNC-LAVALIN INC. 2018. ALL RIGHTS RESERVED. COMPANY CONFIDENTIAL. Page 76 LAKERIDGE HEALTH BOWMANVILLE HELIPORT – HAINES STREET GREENFIELD SITE PROPOSED CONSULTATION PROCESS 2.2.1 Interested Parties At the start of the 45-days consultation period, a formal notice will be provided to applicable Interested Parties as per the specifications below: Transport Canada –Transport Canada will be notified in writing of the start of the consultation process. Air Na vigation Service Providers (NAV Canada) – Does not require notification as the heliport development falls within the Class G Aerospace category. Federally Protected Area Authority – Not applicable. There are no Federally Protected Areas within the area of the proposed heliport. Other Aerodromes – Not Applicable. There are no other Aerodromes within the vicinity of the proposed heliport. Local Land Use Authority – The Municipality of Clarington will be formally notified of the intent to start of the consultation process, its duration, the Land Owners to be formally notified and the content of the formal Notification to Land Owners. Appropriate Public/Land Owner – SNC-Lavalin proposes adopting standard radius for municipal Notification of Development or bylaw variances. The Municipality of Clarington currently notifies Land Owners within 120m of a development site within an urban boundary and 300m in rural areas. A preliminary review of the surroundings of the proposed Haines Street site indicates two residential and a number of industrial properties are within a 500m radius. The latter is the consultation radius the consultant is recommending. A formal Letter of Notification will be issued to affected Land Owners. The letter will include a summary description of the heliport site, timeline for construction and start of operation, operator information and methods to provide written feedback (email or standard mail). 2 NOVEMBER 6, 2018 © SNC-LAVALIN INC. 2018. ALL RIGHTS RESERVED. COMPANY CONFIDENTIAL. Page 77 LAKERIDGE HEALTH BOWMANVILLE HELIPORT – HAINES STREET GREENFIELD SITE PROPOSED CONSULTATION PROCESS 2.2.2 Advertising and Signage In addition to the Letters of Notification to Interested Parties, the Consultant will prepare a Notice of Development advertisement for publication in the local newspaper and will also prepare a physical Notice of Development board/signs for display at the proposed heliport location on Haines Street. The Notice of Development content will be consistent with these issued by the Municipality. Lakeridge Health will cover the direct advertisement and signage costs. 2.3 Consultation Summary Report A Consultation Summary Report will be prepared at the end of the 45-day consultation period. It will contain all input received from stakeholders and the general public and, if applicable, mitigation measures for review by Lakeridge Health. 3.Proposed Outcome The Consultation Summary Report will be provided to the Municipality for it to consider issuing a Letter of Non-Objection and to Transport Canada to support the heliport certification process. 3 NOVEMBER 6, 2018 © SNC-LAVALIN INC. 2018. ALL RIGHTS RESERVED. COMPANY CONFIDENTIAL. Page 78 Bowmanville Hospital Temporary Heliport Public Consultation Summary Report – Final 680126-31MB-0004-0_Consult_Summ_Report Appendix B: Roll-out Plan Date - 2021 Action 8-12 Feb Finalization of Stakeholder List and Contact Leads 8 Feb - 10 Mar Signage and Mailout Content Development and Internal Approvals Feb 10 – 5 Apr Stakeholder Notices Stakeholder Notes Lakeridge Health Board CEO report - February Lakeridge Health Senior Management Team Briefing - January Lakeridge Health Senior Staff/Physicians Internal Memo Bowmanville Hospital Staff/Physicians Internal Memo Bowmanville Foundation Internal Memo Clarington Mayor and Town Council Engagement materials in advance via Planning Department MPP Parks Advance briefing via Comms Staff MP O’Toole Advance briefing via Comms Staff Public Community letter Website Information Signage Social Media Media Coverage -Durham Radio News Coverage -Clarington News Coverage 11 Mar Public Notice to Lands Owners Public Mail-out Letter 11 Mar Public Notice Signage Installed at Site 11 Mar – 5 Apr Public Comment Period 8 Apr Status Meeting 9 Apr Consultation Summary Report Page 79 Bowmanville Hospital Temporary Heliport Public Consultation Summary Report – Final 680126-31MB-0004-0_Consult_Summ_Report Appendix C – Lakeridge Health Leadership Forum Memo (12 March 2021) Page 80 MEMORANDUM To: Leadership Forum All Team - Bowmanville Hospital From: Susan deRyk, EVP & Chief Transformation Officer Date: March 12, 2021 Subject: Bowmanville Hospital Temporary Heliport We wanted to share a progress update on our work to develop a new temporary helipad to support air transport of patients at the Bowmanville Hospital. While we have had a helipad at the hospital for about 30 years, it was temporarily closed in September 2018 due to safety concerns of wind flow associated with some landings. Over the past 18 months, Lakeridge Health has worked with ORNGE Air Ambulance Service, municipal, provincial, and federal government partners to secure a new location, government funding, and all required approvals to allow for a temporary helipad. We have identified a property on Haines Street, Bowmanville, about a five-minute drive from the hospital. This site has received all local approvals from the Municipality of Clarington and has been endorsed by the Ministry of Health. Construction at the Haines Street location is scheduled to begin in July 2021 and is expected to be completed in October 2021. This is great news for the Clarington community as it means Lakeridge Health will again begin to utilize urgent air transfer of critically ill patients. A feasibility assessment has ensured the site meets all safety requirements and technical standards for both ORNGE and Transport Canada. Throughout this process we have been guided by feedback from our community partners and members of the local community. Next week we will invite input from the surrounding community via a community letter and on- site signage. This temporary site will accommodate emergency air transportation until a permanent rooftop helipad is completed as part of the Bowmanville Hospital renovation and expansion. Page 81 We will keep you updated as we move forward on this important project. If you have any questions, please contact Rick Csanadi, Project Manager, Capital Planning and Development at rcsanadi@lh.ca. Page 82 Bowmanville Hospital Temporary Heliport Public Consultation Summary Report – Final 680126-31MB-0004-0_Consult_Summ_Report Appendix D – Newsletter Mail-out to Adjacent Land Owners Page 83 March 2021 TEMPORARY HELIPAD SITE We are pleased to provide the following update on the Bowmanville Hospital’s helipad. For over 30 years, the Bowmanville Hospital’s helipad has been used to urgently transfer critically ill patients by helicopter from the hospital to other acute care facilities. Access to air ambulance transport is an essential part of delivering health care services to the Clarington community. In September 2018, the hospital’s helipad ceased operations due to safety concerns. Since that time, Lakeridge Health has been working with ORNGE Air Ambulance Service, along with municipal, provincial, and federal government partners on securing a location, funding, and capital approvals for a temporary heliport site in Bowmanville. This temporary site will accommodate emergency air transportation until a permanent rooftop helipad is completed as part of the Bowmanville Hospital redevelopment plan. Throughout this process we have been guided by feedback from our community partners and members of the local community. Site Location In January 2021, the Ministry of Health announced funding to move forward with the development of a temporary heliport site. A property on Haines Street, a five-minute drive from the hospital and owned by the Municipality of Clarington, has been endorsed by the Ministry of Health. The site is located in an open field on the west side of Haines Street, east of Soper Creek Forest, south of the Bowmanville Cemetery, and north of existing warehousing. This site is within the municipality’s existing ‘General Industrial’ land use designation. Page 84 A feasibility assessment has ensured the site meets all safety requirements and technical standards for both ORNGE and Transport Canada. The heliport will be operated by Lakeridge Health and will be used exclusively to accommodate emergency medical air transportation by helicopter to and from the Bowmanville Hospital. Helicopters may approach or depart the heliport in any direction depending on weather conditions. Construction Timing Construction is scheduled to begin in July 2021 and is expected to be completed in October 2021. Please Provide Feedback by April 5, 2021 If you have any questions or concerns, please contact Lakeridge Health at: Email address: bowmanvilleheliport@lh.ca Telephone: (905) 576-8711 ext. 34123 Thank you for your interest and support of continuing access to critical emergency air transport of patients in the Clarington community and beyond. Page 85 Bowmanville Hospital Temporary Heliport Public Consultation Summary Report – Final 680126-31MB-0004-0_Consult_Summ_Report Appendix E – Temporary Helipad Information Webpage Page 86 Click here for COVID-19 information. For COVID-19 testing, complete our online assessment form. Bowmanville Hospital - Community Update March 2021 We are pleased to provide the following update on the Bowmanville Hospital’s helipad. For over 30 years, the Bowmanville Hospital’s helipad has been used to urgently transfer critically ill patients by helicopter from the hospital to other acute care facilities. Access to air ambulance transport is an essential part of delivering health care services to the Clarington community. In September 2018, the hospital’s helipad ceased operations due to safety concerns. Since that time, Lakeridge Health has been working with ORNGE Air Ambulance Service, along with municipal, provincial, and federal government partners on securing a location, funding, and capital approvals for a temporary heliport site in Bowmanville. This temporary site will accommodate emergency air transportation until a permanent rooftop helipad is completed as part of the Bowmanville Hospital redevelopment plan. Throughout this process we have been guided by feedback from our community partners and members of the local community. Site Location Page 1 of 2Bowmanville Hospital - Community Update - Lakeridge Health 4/9/2021https://www.lakeridgehealth.on.ca/en/aboutus/bow_community_update.asp Page 87 In January 2021, the Ministry of Health announced funding to move forward with the development of a temporary heliport site. A property on Haines Street, a five-minute drive from the hospital, has been identified as the location by the Municipality of Clarington and endorsed by the Ministry of Health. The site is located in an open field on the west side of Haines Street, east of Soper Creek Forest, south of the Bowmanville Cemetery, and north of existing warehousing. This site is within the municipality’s existing ‘General Industrial’ land use designation. A feasibility assessment has ensured the site meets all safety requirements and technical standards for both ORNGE and Transport Canada. The heliport will be operated by Lakeridge Health and will be used exclusively to accommodate emergency medical air transportation by helicopter to and from the Bowmanville Hospital. Helicopters may approach or depart the heliport in any direction depending on weather conditions. Construction Timing Construction is scheduled to begin in July 2021 and is expected to be completed in October 2021. If you have any questions or concerns, please contact Lakeridge Health at: Email address - bowmanvilleheliport@lh.ca Telephone - (905) 576-8711 ext. 34123 Thank you for your interest and support of continuing access to critical emergency air transport of patients in the Clarington community and beyond. (Read the Letter to the Community in PDF) Page 2 of 2Bowmanville Hospital - Community Update - Lakeridge Health 4/9/2021https://www.lakeridgehealth.on.ca/en/aboutus/bow_community_update.asp Page 88 Bowmanville Hospital Temporary Heliport Public Consultation Summary Report – Final 680126-31MB-0004-0_Consult_Summ_Report Appendix F – Online Press Coverage Page 89 Temporary helipad coming to Bowmanville after air ambulance service to hospital halted March 16, 2021 | 11:15 am More than two years after complaints and safety concerns shut down air ambulance service to the Bowmanville hospital, plans to bring a temporary helipad to the community are in motion. The hospital’s helipad, which had been in operation for more than 30 years, was closed in response to complaints about property damage and safety in 2018. At the time, hospital officials said the decision was made after hearing from air ambulance operator ORNGE and local residents. There were concerns about minor damage to property and reports indicating a barbecue flew across someone’s lawn and struck them while a helicopter was landing at the hospital. The helipad was used around 25 times each year to bring patients in critical condition to more specialized facilities for treatment. Since the shutdown, patients have been taken to the Oshawa Airport as an alternative. RECENT POSTS •Durham Region hit by cyberattack April 9, 2021 •Hundreds of charges laid as Durham police investigate local motorcycle clubs April 9, 2021 •Ajax asks province for more vaccination resources April 9, 2021 •Clarington invites you to explore the outdoors and visit a local park, trail or fishing spot April 9, 2021 •Oshawa mom wins $100,000 with OLG’s Instant Crossword Tripler April 9, 2021 •Durham students selected as Loran Scholars April 9, 2021 •More than 800 products from local businesses now on the Shop Durham Region Online Marketplace April 9, 2021 •Cash meant to support Uxbridge hospital stolen after break-in at volunteer-run thrift store April 9, 2021 •Vaccinated travellers not exempt from hotel quarantine April 9, 2021 •Canadians react to Prince Philip’s death, announced Friday April 9, 2021 ‹ Driver clocked goi... | NACI says AstraZen... › HOME COVID-19 STORMDESK SPORTS CONTACT Search Page 1 of 4Temporary helipad coming to Bowmanville after air ambulance service to hospital halted ... 4/9/2021https://www.durhamradionews.com/archives/135013 Page 90 The Ministry of Health says construction on a temporary helipad site on Haines Street will begin in July. It’ll be located on the west side of Haines Street, east of Soper Creek Forest, south of the Bowmanville Cemetary and north of some existing warehouses. The temporary site is about a five minute drive from the hospital. The helipad is expected to open in October. Eventually, the hospital is planning to build a permanent helipad on the roof of the hospital, which will be completed as part of the site’s redevelopment plan. Click here to learn more about the project. Map courtesy of Lakeridge Health Go BackGo Back RECENT COMMENTS • DRN Newsroom on Ontarians aged 60 to 64 to receive Oxford-AstraZeneca vaccine • Gina on Ontarians aged 60 to 64 to receive Oxford- AstraZeneca vaccine • Bort on Durham health expanding vaccine eligibility to those 60 and older across region and those 50 and older in Ajax and Pickering hotspot communities Thursday •Trish on Clarington invites you to explore the outdoors and visit a local park, trail or fishing spot •smh on Whitby residents calling on Metrolinx to have more public consultation on downtown transit project • Marcus on Vaccinated travellers not exempt from hotel quarantine • DRN Newsroom on Durham health expanding vaccine eligibility to those 60 and older across region and those 50 and older in Ajax and Pickering hotspot communities Thursday • Halibina on Durham students selected as Loran Scholars • Carol on Durham students selected as Loran Scholars • Mike on Off-duty Toronto cop charged after sex worker says he showed up for date with a gun Like Page 2 of 4Temporary helipad coming to Bowmanville after air ambulance service to hospital halted ... 4/9/2021https://www.durhamradionews.com/archives/135013 Page 91 This copy is for your personal non-commercial use only. To order presentation-ready copies of Toronto Star content for distribution to colleagues, clients or customers, or inquire about permissions/licensing, please go to: www.TorontoStarReprints.com By Jennifer O'meara Thu., March 25, 2021 2 min. read Get more local news New regions coming soonBETA By November, air ambulance could be landing at a temporary helipad site just five minutes from the Bowmanville hospital. More than two years ago, Ornge made a safety decision to stop landing at the local hospital after an air ambulance landing injured a neighbour and damaged property. The air ambulance service to the Bowmanville hospital heliport has been suspended since Sept. 2018. Since then, Bowmanville hospital patients who need an air ambulance are driven to the Oshawa Airport and airlifted to a larger hospital. “This has been a far longer road than anybody anticipated,” said Clarington Mayor Adrian Foster. “Those helicopters were changed and doubled in size, which presented a very real safety risk … The residents have been as patient as anyone could imagine.” A temporary Bowmanville hospital helipad site has been selected at 1160 Haines St. The land is an open field on the west side of Haines Street, east of Soper Creek Forest, south of the Bowmanville Cemetery, and north of existing warehouses. The land is owned by the Municipality of Clarington. Lakeridge Health will enter a lease agreement with the Municipality to use the lands. The site was supported by the Central East LHIN (local health integration network) in 2019 and by the Ministry of Health this January. A feasibility assessment was done to ensure the site meets all safety requirements and technical standards for both Ornge and Transport Canada. Once final approval is given by Transport Canada, the temporary helipad construction can begin in July 2021. The work is expected to be done by the end of October, with the helipad operational by November. “That has been a long time coming,” said Regional Councillor Granville Anderson. “Hopefully nothing bad happens with it being moved a few minutes away. It’s only temporary as far as I understand, so it’s a good thing.” Eventually, Lakeridge Health plans to bring the air ambulance back to the Bowmanville hospital. The temporary helipad will accommodate emergency air transport until a permanent rooftop helipad is built on the hospital as part of a larger renovated Bowmanville hospital planned for the future. “We have to remember this site is going to be a construction site, hopefully sooner rather than later,” said Councillor Ron Hooper. LOCAL : NEWS Page 1 of 4Late 2021 lift off for Bowmanville hospital temporary helipad | The Star 4/9/2021https://www.thestar.com/local-clarington/news/2021/03/25/late-2021-lift-off-for-bowmanvil... Page 92 This LEASE AGREEMENT is made as of the XXst day of XX, 2021 B E T W E E N: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (the "Landlord") -and - LAKERIDGE HEALTH (the "Tenant") PART 1 - INTERPRETATION Definitions 1.In this Lease, "Lease" means this lease as it may be amended from time to time; "Premises" means the portion of the property municipally known as 1150 Haines Street, Bowmanville and depicted on Schedule “A”; and "Sales Taxes" means all sales taxes, value added taxes and any other taxes imposed on the Landlord or the Tenant in respect of the Rent or the provision of any goods or services by the Landlord to the Tenant under this Lease. Severability 2.All of the provisions of this Lease are to be construed as covenants even where not expressed as such. If any such provision is held to be or rendered invalid, unenforceable or illegal, then it shall be considered separate and severable from this Lease and the remaining provisions of this Lease shall remain in force. Governing Law 3.This Lease shall be governed by, and interpreted and enforced in accordance with, the laws in force in the Province of Ontario. Extended Meanings 4.This Lease shall be read with all changes in gender or number as the context requires. Page 93 5. In this Lease, unless otherwise specified, (a) a grammatical variation of a defined word or expression has a corresponding meaning; (b) references to an Act or by-law shall include any amendments to or replacements of such Act or by-law; (c) references to sections and Schedules are references to sections, and Schedules in this Lease; and (d) every provision by which the Tenant is required to act shall be deemed to include the words "at the Tenant’s cost, including the payment of any applicable taxes”. Headings 6. The division of this Lease into Parts, sections and schedules and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Lease. PART 2 - GRANT AND USE Grant 7. In consideration of the performance by the Tenant of its obligations under this Lease, the Landlord leases to the Tenant the Premises for the duration of the Term and agrees to observe and perform all of its covenants and obligations in accordance with this Lease. In consideration of the performance by the Landlord of its obligations under this Lease, the Tenant takes the Premises on lease from the Landlord and covenants to pay the Rent and to observe and perform all other covenants to be observed and performed by the Tenant under this Lease. Use of Premises 8. The Premises shall be used only for the purposes of an air ambulance heliport and no other purpose without the prior written consent of the Landlord. 9. The Tenant acknowledges and agrees that prior to making any improvements to the Premises for the purpose of an air ambulance heliport, the Tenant shall submit a site plan to the satisfaction of the Landlord. The site plan shall include, but not be limited to, provisions for vehicular access and circulation, parking area(s), snow storage, adequate lighting, a grading and drainage plan, signage, and any other item reasonably required by the Landlord to determine the compatibility of the site with adjacent areas. Page 94 Nuisance 10. The Tenant shall not carry on any business or do or suffer any act or thing that constitutes a nuisance, or which is offensive to or an annoyance to the Landlord. PART 3 - TERM Term 11. The term of this Lease shall be for 10 years commencing on May 1, 2021 and ending on April 30, 2031 (the “Term”). Overholding 12. If the Tenant remains in possession of the Premises after the expiry of the Term or any renewal term, there shall be no tacit renewal of this Lease or the Term, notwithstanding statutory provisions or legal presumption to the contrary, and the Tenant shall be deemed to be occupying the Premises as a tenant from month to month at a monthly rent equal to the amount paid in the last month of the Term or the renewal term, as the case may be, and otherwise upon the same terms, covenants and conditions as are set forth in this Lease insofar as they are applicable to a monthly tenancy. PART 4 - RENT Rent 13. The Tenant shall pay to the Landlord as rent in lawful money of Canada the annual sum of ONE ($1.00) DOLLAR (the “Rent”). Sales Taxes 14. The Tenant shall pay to the Landlord all applicable Sales Taxes at the same time as the amounts to which such Sales Taxes apply are payable to the Landlord under the terms of this Lease. Property Taxes 15. The Tenant shall pay all real estate taxes, general taxes, school taxes, levies, rates, duties, assessments and charges imposed against the Premises by municipal or other governmental authorities having jurisdiction. 16. The Tenant shall have the right to contest or review the assessment of the Premises for property taxes by legal proceedings or in such a manner as the Tenants in their option deem advisable. Page 95 Realignment of Recreational Trail 17. The Tenant acknowledges and agrees that the Landlord has previously approved the installation of a recreational trail on the Premises. The Landlord acknowledges that the recreational trail will be temporarily realigned to accommodate the Tenant’s use of the Premises, and the Tenant acknowledges and agrees to pay the actual cost to install and construct the temporary connection (approximately 60 metres) depicted on Schedule “B” to a maximum of $20,000.00. Net Lease 18. The Tenant acknowledges that this is a net lease and the Tenant agrees to pay all charges, impositions and outlays of every nature and kind relating to the Premises except as expressly set out in this Lease, including but not limited to all utilities and services for the benefit of the Premises. PART 5 - MAINTENANCE, REPAIRS AND ALTERATIONS Maintenance and Repair of Premises 19. The Tenant accepts the Premises on an “as is” basis. The Tenant shall maintain the Premises and keep them in a good and substantial state of repair. This shall include maintenance of the access road including snow ploughing, and cutting the grass within the perimeter fencing and two swaths on the outside of the fence. Alterations/Improvements to Premises 20. The Landlord shall permit the Tenant to make alterations/improvements to the Premises to construct an air ambulance heliport, subject to all applicable regulatory requirements. The Tenant shall not make any other alterations and improvements to the Premises without prior approval of the Landlord. Any such alterations or improvements that are fixtures to the land shall immediately become the property of the Landlord without compensation to the Tenant. Removal of Improvements 21. At the conclusion of Tenant’s occupancy of the Premises, the Tenant shall, unless specifically requested by the Landlord not to do so, remove all improvements that it has installed on the Premises and shall restore the Premises, as nearly as possible, to the state they were in before such improvements were made. PART 6 - INSURANCE AND INDEMNITY Tenant's Insurance 22. The Tenant shall take out and maintain, Page 96 (a) insurance upon property owned by it which is located in the Premises; and (b) commercial general liability insurance pertaining to the Tenant's liability to others in respect of injury, death or damage to property occurring upon, in or about the Premises, such insurance to be of an amount which is reasonable and sufficient having regard to the scope of the risk and the current practice of prudent owners of similar premises for the carrying on of similar businesses and activities, but in any event in an amount not less than five million dollars ($5,000,000.00) for claims arising out of one occurrence. Such policy shall also name the Landlord as an additional named insured and may not be cancelled unless prior notice by registered letter has been given to the Landlord by the insurer 30 days in advance of the expiry date. 23. Prior to the commencement of the Term, the Tenant shall file with the Landlord a Certificate of Insurance in a form satisfactory to the Landlord’s Director of Finance, verifying that the commercial general liability insurance policy is in effect and setting out the essential terms and conditions of the insurance. 24. The provision of the insurance policy required by this section shall not relieve the Tenant from liability for claims not covered by the policy or which exceed its limits, if any, for which the Tenant may be held responsible. Insurance Risks 25. The Tenant shall not do, omit to do, or permit to be done or omit to be done upon the Premises anything that may contravene or be prohibited by any of the Landlord's insurance policies in force from time to time covering or relevant to any part of the Premises or which would prevent the Landlord from procuring its policies of insurance with companies acceptable to the Landlord. If the occupancy of the Premises, the conduct of business in the Premises or any acts or omissions of the Tenant on the Premises causes or results in any increase in premiums for any of the Landlord's insurance policies, the Tenant shall pay such increase to the Landlord. Indemnification 26. Each of the Landlord and the Tenant shall indemnify and save harmless the other from and against any and all actions, losses, damages, claims, costs and expenses (including solicitors' fees on a solicitor and client basis) to which the party being indemnified shall or may become liable by reason of any breach, violation or non- performance by the party so indemnifying of any covenant, term or provision of this Lease or by reason of any damage, injury or death occasioned to or suffered by any person or persons including the Landlord or the Tenant, as the case may be, or any property by reason of any wrongful act, neglect or default on the part of the party so indemnifying or any of those persons for whom it is in law responsible. For greater certainty, the limitation of liability set out above in this section does not extend to claims, losses or damages resulting in whole or in part from the gross negligence or Page 97 wilful misconduct of the party claiming indemnification, its employees or those for whom it is in law responsible. Damage or Destruction 27. If the Premises are destroyed or damaged by fire, lightning, tempest or other casualty, then and in every such event if, in the opinion of the Landlord, the damage or destruction renders the whole or any substantial part of the Premises unfit for occupancy or impossible or unsafe for use and occupancy or impossible for the Tenant to continue to carry on its business, either the Landlord or the Tenant may at its option, terminate this Lease by giving to the other notice in writing of such termination, in which event, this Lease and the Term shall cease and be at an end as of the date of such destruction or damage, and the Rent and all other payments for which the Tenant is liable under the terms of this Lease shall be apportioned and paid in full to the date of such destruction or damage. PART 7 - REMEDIES Landlord's Right to Remedy Default 28. In addition to all other remedies the Landlord may have under this Lease and in law, if the Tenant is in default of any of its obligations under this Lease, and such default has continued for a period of 10 days after receipt of notice by the Tenant (or such longer period as may be reasonably required in the circumstances to cure such default, except in an emergency where the Landlord will not be required to give notice), the Landlord, without prejudice to any other rights which it may have with respect to such default, may remedy such default and the Tenant shall be responsible for all such costs. Separate Remedies 29. The Landlord may from time to time resort to any or all of the rights and remedies available to it upon default, either by any provision of this Lease or by statute or the general law, all of which rights and remedies are intended to be cumulative and not alternative and may be exercised generally or in combination. Waiver 30. No condoning, excusing or overlooking by the Landlord of any default, breach or non-observance by the Tenant at any time in respect of any covenant or obligation under this Lease shall operate as a waiver of the Landlord’s rights under this Lease in respect of any continuing or subsequent default, breach or non-observance, or so as to defeat or affect in any way the rights of the Landlord in respect of any such continuing or subsequent default or breach, and no waiver shall be inferred from or implied by anything done or omitted by the Tenant save only an express waiver in writing. Page 98 PART 8 - MISCELLANEOUS Quiet Enjoyment 31. The Landlord shall permit the Tenant to peaceably possess and enjoy the Premises during the Term without any interference from the Landlord, or any person lawfully claiming by, from or under the Landlord provided the Tenant is not in default. Right of Entry 32. The Tenant agrees to permit the Landlord and authorized representatives of the Landlord to enter the Premises during normal business hours for the purpose of inspecting the same on prior notice to the Tenant (except in an emergency where no notice shall be required), and the Tenant shall arrange for such entry at a time convenient to both parties. The Landlord shall use its best efforts to minimize the disruption to the Tenant's business operations during any such entry. Signs 33. The Tenant may only erect signs on the Premises with the Landlord’s prior approval. All such signs shall be removed from the Premises at the end of the Term. Compliance with Laws 34. The Tenant shall comply with all legal requirements (including statutes, laws, by- laws, regulations, ordinances, orders, rules and regulations of every governmental authority having jurisdiction) that relate to the use or occupation of the Premises by the Tenant or the making of any improvements to the Premises by the Tenant. Notice 35. Any notice, demand, acceptance or request required to be given hereunder in writing, shall be deemed to be given if either personally delivered or mailed by E- mail, registered mail, postage prepaid, at any time other than during a general discontinuance of postal services due to a strike, lockout or otherwise, and addressed to the Municipality or the Participating Owners at the addresses set out below: The Corporation of the Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C 3A6 Attn: Municipal Clerk Tel: 905-623-3379 Fax: 905-623-6020 Page 99 and to: Lakeridge Health 1 Hospital Court Oshawa, Ontario L1G 2B9Attn: Mark Murphy, Sr. Director, Capital & Planning Tel: 905-576-8711 ext. 34388 or such change of address as the applicable Party has by written notification forwarded to the Municipality and the other Parties. Any notice shall be deemed to have been given to and received by the Party to which it is addressed on the date it is personally delivered, or on the fifth (5th) business day after the mailing thereof, whichever is earlier. Assignment and Subletting 36. The Tenant shall not assign this Lease or sublet all or any portion of the Premises without the prior written consent of the Landlord. Successors and Assigns 37. This Lease shall enure to the benefit of and be binding upon the parties and their respective successors (including any successor by reason of amalgamation or statutory arrangement) and permitted assigns. Time of Essence 38. Time shall be of the essence in all respects under this Lease. Entire Agreement 39. This Lease constitutes the entire agreement between the parties concerning the Premises and may only be amended or supplemented by an agreement in writing signed by both parties. 40. The following Schedules are incorporated into and form part of this Lease: Schedule "A" – Map of the Premises Schedule “B” – Preliminary Site Plan Showing Recreational Trail Extension - signatures appear on the following page - Page 100 The Landlord has executed this Lease by the signature of its duly authorized signing officers on this ____ day of ____________________, 2021. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PER:____________________________ Adrian Foster, Mayor PER:____________________________ June Gallagher, Municipal Clerk We have the authority to bind the Corporation Authorized by By-law No.2020-0XX The Tenant has executed this Lease by the signature of its duly authorized signing officers on this ____ day of ____________________, 2021. LAKERIDGE HEALTH PER:____________________________ Mark Murphy, Sr. Director, Capital Planning and Development PER:____________________________ Natalie Hovey, Vice President, Corporate Services & CFO We have the authority to bind the Corporation Page 101 Schedule “A” – Map of the Premises Page 102 Schedule “B” – Preliminary Site Plan Showing Recreational Trail Extension Page 103 HAINES STREETPROPOSED POLE MOUNTFLOODLIGHT (TYP.)PROPOSEDCEMETERYEXPANSIONRECREATIONAL TRAILEXTENSIONPROPOSED HELIPORTPERIMETER FENCINGPROPOSED STAKE MOUNTEDFLOODLIGHT (TYP.)PROPOSED FATOEDGE LIGHT (TYP.)PROPOSEDGATE ACCESSPROPOSEDACCESS ROADPROPOSEDWIND SOCKANTICIPATED LIMITSOF GRADINGPROPOSED STORAGECONTAINERPROPOSED ELECTRICALDISTRIBUTION BOXPROPOSEDACCESS ROADPROPOSEDOBSTRUCTION LIGHTSPROPOSED HELIPADPROPOSED CEMETERYACCESS ROAD (BY OTHERS)PROPOSED CEMETERYEQUIPMENT YARD(BY OTHERS)PROPOSEDEQUIPMENT YARDACCESS ROAD(BY OTHERS)ROTOR DOWNWASHPROTECTION AREA (TYP.)NORTHBOWMANVILLE HOSPITALTEMPORARY HELIPADGENERAL LAYOUTARRANGEMENTSCALE :1:1000DRAWING No.G-1APRIL 2021DATE :Page 104 Unfinished Business Item 15.3 At the April 6-7, 2021 Planning and Development Committee meeting, the following Resolution was referred to the April 26, 2021 Planning and Development Committee meeting: Resolution # PD-125-21 Moved by Councillor Traill Seconded by Councillor Neal That the Delegation of Karrie Lynn Dymond and Jonathan Cocker, Regarding Staff Comments/Responses at Works Committee and Report 2021 -WR-5 DYEC Operations, Long-Term Sampling System Update for Dioxins and Furans, be received; That Council re affirm it is an unwilling host and demand that the Region stop budgeting for and proceeding with its plan to expand the incinerator site; That Council adopt the draft by-law presented by the residents and ask staff to report back to the next meeting on any minor changes or exemptions that might be needed; That Council agree to retain the services of Jonathan Cocker to ensure that a full Environmental Assessment is required by the Ministry of Environment before any additional garbage processing or burning is allowed at the Incinerator site; That Council, through its legal representative ensure that a third party be retained to conduct random testing of the existing incinerator, so as to ensure it is operating within the current Provincial Guidelines; and That a detailed letter of explanation, approved by Council, outlining Council's steps taken to oppose the AD in Clarington be mailed to all residents in Clarington, published in the local newspaper and online, advising residents of Councils actions and that Council review and approve same before publication/issuance. Page 105 If you require this information in an accessible format, please contact 1-800-372-1102 ext. 3560 The Regional Municipality of Durham Works Department 605 Rossland Rd. E. Level 5 PO Box 623 Whitby, ON L1N 6A3 Canada 905-668-7711 1-800-372-1102 Fax: 905-668-2051 durham.ca Sent via email (clerks@clarington.net) April 21, 2021 Clerk’s Department Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C 3A6 Attention: June Gallagher, Municipal Clerk RE: The Regional Municipality of Durham’s Response to Clarington Clear’s Delegation and Proposed Motions of April 6, 2021 As you know, the Regional Municipality of Durham (“Region”) has made several presentations to Clarington Council (“Council”) on the Region’s Mixed Waste Pre-Sort and Anaerobic Digester project (“AD Project”). The purpose of those presentations was to provide Council with up-to- date information on the AD Project as it develops and provide an open and transparent line of communication between the Region and Clarington. During the Clarington Planning and Development Committee (P&D) meeting on April 6, 2021, Clarington Clear, through their legal counsel, delegated to Council and asked Council to pass five motions. We understand that the following motions will be back before P&D on April 26, 2021: 1) That Council reaffirm they are an unwilling host to the AD Project; 2) That Council adopt the draft interim control by-law provided to the Town’s Solicitor and to Council; 3) That Council retain legal counsel to ensure a full Environmental Assessment (“EA”) of the AD Project is required by the Ministry of Environment, Conservation and Parks (“Ministry”) before any additional garbage is processed; Page 106 J. Gallagher, Municipal Clerk The Regional Municipality of Durham’s Response to Clarington Clear’s Delegation and Proposed Motions of April 6, 2021 April 21, 2021 Page 2 of 5 4) That Council retain a third party to conduct random testing on the Durham York Energy Centre (“DYEC”) to ensure compliance with Ministry guidelines; and 5) That a Council approved letter be sent to all Clarington residents advising them of Council’s actions. During the course of the discussions surrounding these proposed motions, it became apparent that there may have been some misinformation and/or missing information that would hinder Council’s ability to make a fully informed decision on these proposed motions. In particular, we would like Council to consider the following information before making their decision on the motions: 1. Environmental Assessment: Clarington Clear stated that an Environmental Assessment (“EA”) on the AD Project was necessary because of:1) the proposed siting at Energy Park; and 2) a fear that the proposed inputs (Source Separated Organics “SSO” and Facility Separated Organics “FSO”) into the AD could negatively impact the outputs i.e. renewable natural gas and digestate. They further noted that the Ministry had yet to make a decision on the necessity of an EA on the AD Project. This is inaccurate. The Environmental Assessment Act in Ontario does not require an EA for waste sorting or anaerobic digestion facilities. This has been the case for several successful AD projects in Ontario. The location of the AD at Energy Park does not materially change that assessment. Further, the inputs and outputs associated with the AD will be strictly monitored and regulated in terms of quality and quantity as per the AD Project agreement with the DBOM contractor, Environmental Compliance Approval and various regulated permits. As such, there is nothing particularly novel about the Region’s AD Project, compared to other AD’s in the province, that suggests a new standard should be established. Furthermore, and more importantly, the Region provided the Ministry a fulsome overview of the AD Project in 2019 and inquired into whether an EA was required. On March 20, 2020, the Ministry provided the Region a written response confirming that an EA was not required in the case of the Region’s AD Project. In particular, the Ministry wrote that “in accordance with subsection 11(1)4 of O. Reg. 101/07 (Waste Management Projects) made under the Act, the establishment of a new waste disposal site at which waste would be handled, treated or processed and that would transfer less than 1,000 tonnes of waste per day for final disposal does not trigger provincial environmental assessment requirements.” Page 107 J. Gallagher, Municipal Clerk The Regional Municipality of Durham’s Response to Clarington Clear’s Delegation and Proposed Motions of April 6, 2021 April 21, 2021 Page 3 of 5 2. Environmental Impact of the AD Project: Clarington Clear expressed concerns about the negative environmental impacts of the AD. We appreciated hearing some members of Council defend the environmental benefits associated with an AD. To that end, we wish to affirm and reiterate the expected environmental benefits of the AD and the environmental checks and balances that will be put in place to mitigate any potential negative environmental impacts: a. Environmental Benefits: i. No Air Emissions: AD’s are recognized as being low risk for environmental pollution and do not generate air emissions. ii. Waste Diversion: The AD Project will divert FSO, SSO and recyclable materials away from the DYEC and therefore reduce the amount of garbage for incineration. This will create additional capacity at the DYEC and delay the need for an expansion beyond 2035. iii. Beneficial Outputs: With a controlled stream of clean organic inputs, we are expecting several beneficial uses arising from the AD output. These beneficial outputs include: 1) a renewable natural gas that will be injected into the natural gas pipeline for uses that offset other greenhouse gas producing fuels ; and 2) a clean digestate which can be used for agricultural purposes e.g. registered fertilizer under the Fertilizers Act, agricultural land application as a certified compost, other bulk use of compost, (e.g., as topsoil mix along transportation corridors), agricultural land application as a NASM under the Nutrient Management Act, and mine reclamation or brownfield redevelopment. As evidenced by our comparators in Toronto and Aylmer, these outputs will provide a beneficial use across the Region. b. Environmental Checks and Balances: i. ECA: The AD Project will require an Environmental Compliance Approval (“ECA”) issued by the Ministry. The ECA will serve as a rigorous oversight on the operation of the AD and Mixed Waste Pre-Sort facilities. As such, the potential environmental impacts for odour, transportation, and digestate will be mitigated through the design and operation of the facility. ii. Streamed and Controlled Inputs: The selected DBOM contractor for the AD Project will be responsible for receiving, processing, separating, and removing contaminants from the incoming SSO and FSO. There will be strict measures put in place to ensure that the waste entering the AD is clean organics and the output leaving the AD can be beneficially used throughout the Region. Page 108 J. Gallagher, Municipal Clerk The Regional Municipality of Durham’s Response to Clarington Clear’s Delegation and Proposed Motions of April 6, 2021 April 21, 2021 Page 4 of 5 iii. Traffic Control: There will be minimal traffic increases and all waste deliveries will be along the dedicated haul route. iv. Odour Control: Odours will be controlled using negative pressure and biofilters, representing a significant improvement over traditional organic composting options. 3. Third Party Testing on the DYEC: Clarington Clear has recommended third party random compliance testing on the DYEC. However, the Region conducts regular environmental testing on the DYEC, including stack continuous emissions monitoring, source tests, ambient air monitoring, groundwater/surface water testing, noise monitoring and soil testing, and these results are found on our website at durhamyorkwaste.ca for public review. 4. DYEC Expansion: It has been implied that there are imminent plans to expand the DYEC. That is simply not true and in fact, both Durham and York have communicated that there are no immediate plans for expansion. In fact, it is projected that the diversion of waste away from the DYEC as a result of the AD Project will delay the need for an expansion beyond 2035. 5. Letter to the Community: The Region encourages frank and open dialogue with the residents about large infrastructure projects such as the AD Project. We trust that any such communication is founded on factually accurate, contextually fulsome, and objectively supported information. The Region continues to welcome open and transparent communication with Council. However, we trust that Council will reflect on the underlying long-term waste strategy in both Clarington and the Region when making its decision on these motions. In particular, the AD Project is necessary to support the Long-Term Waste Strategy across the Region. As you know, Regional Council decided that there would be no new landfill sites in Durham and the Region would reduce its reliance on trucking to remote landfills. This appears to have been a wise decision given the very limited capacity available in landfill sites across the province and no new landfill site approvals on the horizon. The Region’s goal is to manage its waste within in its borders through public education programs aimed to promote the “reduce, reuse, rethink, recycle” principles and resource recovery through initiatives such as energy from waste and anaerobic digestion. These initiatives have and will continue to see the positive result of waste reduction per household and are particularly important with the growth projections for the Region. Page 109 J. Gallagher, Municipal Clerk The Regional Municipality of Durham’s Response to Clarington Clear’s Delegation and Proposed Motions of April 6, 2021 April 21, 2021 Page 5 of 5 The AD Project is the next major advancement for waste management in our growing Region. It will maximize diversion from disposal, reduce green house gas emissions, and generate outputs (e.g. renewable natural gas and digestates) that will have beneficial use across the Region. We trust that Council will support this important next step in the Region’s Long-Term Waste Strategy and will use this contextual information to inform your decisions regarding the proposed motions. In the spirit of open and transparent dialogue, we would be happy to provide further comment on request. Sincerely, Susan Siopis, P.Eng. Commissioner, Works c. G. Anello, M.Eng., P.Eng., PMP, Director, Waste Management Services, Durham Region Page 110