HomeMy WebLinkAbout2021-09-13 JointClar*wn
General Government and Planning and
Development Committees
Post -Meeting Agenda
Date: September 13, 2021
Time: 9:30 AM
Location: Council Members (in Chambers or MS Teams) I 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 Iatenaude@clarington.net.
Alternate Format: If this information is required in an alternate format, please contact the
Accessibility Coordinator, at 905-623-3379 ext. 2131.
AudioNideo Record: The Municipality of Clarington makes an audio and/or video record of
Council and Committee meetings. If you make a delegation or presentation or attend, the
Municipality will be recording you and will make the recording
public by on the Municipality's website, www.clarington.net/calendar.
Noon Recess: Please be advised that, as per the Municipality of Clarington's Procedural By-law,
this meeting will recess at 12:00 noon, for a one hour lunch break, unless otherwise determined by
the Committee.
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
*Late Item added or a change to an existing item after the Agenda was published.
Pages
1. Call to Order
2. Land Acknowledgement Statement
3. Declaration of Interest
4. Announcements
5. Public Meetings
5.1. Public Meeting for an Official Plan and Zoning Bylaw Amendment to 7
Increase Permissions for Additional Dwelling Units (ADUs)
5.1.1. PDS-041-21 Additional Dwelling Units - Official Plan and Zoning 41
Bylaw Amendments
5.2. Public Meeting for an Official Plan and Zoning By-law Amendment 76
Applicant: Chiel Vissers
Location: 4382 Green Road, Hampton
5.2.1. PDS-042-21 Official Plan and Zoning Bylaw Amendment to 84
Facilitate the Severance of a Farm Dwelling Rendered Surplus
as a Result of the Consolidation of Non -Abutting Farm Parcels
6. Presentations/Delegations
6.1. Lise Morton, Vice -President, Site Selection and Norman Sandberg, 93
C.E.T., Relationship Manager, Nuclear Waste Management
Organization, Regarding Canada's Plan for Long -Term Management of
Canada's Used Nuclear Fuel
*6.2. Wendy Bracken, Regarding Amendments to O. Reg. 79/15 to Further 115
Streamline the Use of Alternative Low -Carbon Fuels
Link to Proaosal Details
*6.3. Serena Rolle, Regarding Report PDS-043-21 An Application by Darryl
Kerswell to Permit the Establishment of Commercial Uses, Including a
General Store and Eating Establishment on the Property at 4504
Highway 2, Newtonville
Page 2
*6.4. Justin Rolle, Regarding Report PDS-043-21 An Application by Darryl
Kerswell to Permit the Establishment of Commercial Uses, Including a
General Store and Eating Establishment on the Property at 4504
Highway 2, Newtonville
*6.5. Frank Hill, Regarding Report PDS-043-21 An Application by Darryl
Kerswell to Permit the Establishment of Commercial Uses, Including a
General Store and Eating Establishment on the Property at 4504
Highway 2, Newtonville
*6.6. Sara Thomas, Regarding Report PDS-043-21 An Application by Darryl
Kerswell to Permit the Establishment of Commercial Uses, Including a
General Store and Eating Establishment on the Property at 4504
Highway 2, Newtonville
*6.7. Ricky Menezes, Regarding Report PDS-043-21 An Application by Darryl
Kerswell to Permit the Establishment of Commercial Uses, Including a
General Store and Eating Establishment on the Property at 4504
Highway 2, Newtonville
*6.8. Danielle Kane, Regarding Report PDS-043-21 An Application by Darryl
Kerswell to Permit the Establishment of Commercial Uses, Including a
General Store and Eating Establishment on the Property at 4504
Highway 2, Newtonville
*6.9. Richard J. Mazar, Regarding Report PDS-043-21 An Application by
Darryl Kerswell to Permit the Establishment of Commercial Uses,
Including a General Store and Eating Establishment on the Property at
4504 Highway 2, Newtonville
*6.10. Darryl Kerswell, Regarding Report PDS-043-21 An Application by Darryl
Kerswell to Permit the Establishment of Commercial Uses, Including a
General Store and Eating Establishment on the Property at 4504
Highway 2, Newtonville
7. Reports/Correspondence Related to Presentations/Delegations
7.1. PDS-043-21 An Application by Darryl Kerswell to Permit the 124
Establishment of Commercial Uses, Including a General Store and
Eating Establishment on the Property Known at 4504 Highway 2,
Newtonville
8. Communications
8.1. Minutes of the Newcastle Business Improvement Area dated June 10, 195
2021 and August 12, 2021
(Receive for Information)
Page 3
8.2. Minutes of the Orono Business Improvement Area dated May 13, 2021 201
and June 10, 2021
(Receive for Information)
8.3. Minutes of the Ganaraska Region Conservation Authority dated June 17, 204
2021
(Receive for Information)
8.4. Minutes of the Solina Community Hall Board dated July 21, 2021 208
(Receive for Information)
8.5. Alexander Harras, Manager of Legislative Services/Deputy Clerk, Town 212
of Ajax, Regarding Vehicle Noisemaker Muffler Systems
(Mayor Foster - Motion to Endorse)
8.6. Jaaneen Calder, Newcastle Business Improvement Area, Regarding 214
Request to Fund New Lighting at the Newcastle Community Hall
(Motion for Direction)
8.7. Jan Simpson, National President, Canadian Union of Postal Workers, 215
Regarding Request for Support for Delivering Community Power
(Mayor Foster - Motion to Endorse)
*8.8. Requests for Orange Crosswalk Representing Awareness of Indigenous 220
Communities
(Additional Correspondence Added)
(Mayor Foster - Motion to Refer to Staff)
8.9. Ron Wakeford, Regarding Excessive Speeding on Centerfield Drive, 226
Courtice
(Motion for Direction)
*8.10. Ontario Eye Exam Fees 227
(Motion for Direction)
A petition was received containing 180 Clarington signatories to instruct
the Ontario government to immediately commit to legally -binding, formal
negotiations to ensure any future OHIP-insured optometry services are,
at a minimum, funded at the cost of delivery (see attached)
Page 4
a
8.11. ECCIP Item 5.1, Linda Gasser, Regarding No Response from MECP on 233
the Concerns for AMESA, August 18, 2021
Link to Item 5.1 of the August 27, 2021 Electronic Council
Communication Information Package (ECCIP)
(Councillor Neal - Motion Attached)
Staff Reports, Staff Memos and New Business Consideration
9.1. Planning and Development Services
*9.1.1. PDS-044-21 Jury Lands (Camp 30) and Recommended 234
Amendment No 121 to the Clarington Official Plan
(Recommendation 6 has been updated)
9.2. Public Works
9.2.1. Memo from Stephen Brake, Director of Public Works, Regarding 305
Cobbledick Road, Newcastle Railway Safety Improvement
Program Application
(Receive for Information)
9.3. Community Services
9.3.1. Memo from Erica Mittag, Staff Liaison to the Diversity Advisory 307
Committee, Regarding National Day for Truth and
Reconciliation
(See Attached Motion - Councillor Hooper)
9.3.2. New Business - Community Event Celebrations (Councillor 309
Zwart)
9.3.3. New Business - Provincial Funding for Community Celebrations 310
(Councillor Zwart)
9.4. Legislative Services
9.4.1. New Business - Veteran Parking (Councillor Zwart) 311
9.4.2. New Business - Anaerobic Digestor Environmental Assessment 312
(Councillor Neal)
9.5. Financial Services Department
313
Page 5
9.5.1. FSD-039-21 Heritage Tax Incentive
9.5.2. FSD-040-21 2022 Budget Guidelines
327
9.6. CAO Office
9.6.1. CAO-004-21 Appointment of Director of Emergency and Fire
337
Services
9.6.2. CAO-005-21 Executive Recruiting Services for Recruitment of a
341
Chief Administrative Officer
9.6.3. New Business - Quarterly Update of Local Municipal News
350
(Councillor Hooper)
10.
Unfinished Business
10.1. PDS-040-21 Request to Repeal Designation By-law 97-17; 4478
351
Highway 35/115
Link to Report PDS-040-21
11.
Questions to Department Heads/Request for Staff Report(s)
12.
Confidential Items (Distributed Under Separate Cover)
12.1. PDS-046-21 Potential Property Acquisition
12.2. PDS-047-21 Potential Property Acquisition
12.3. LGS-024-21 Camp 30 Option Agreement
13.
Adjournment
Page 6
Clarftwn
Notice of Statutory
Public Meeting
We want to hear from you!
In accordance with Provincial direction, Clarington Council has directed Staff to initiate Official Plan
and Zoning Bylaw Amendments to increase permissions for Additional Dwelling Units (ADUs),
which are also known as secondary suites, in-law suites, in-house apartments, and basement
apartments. A copy of the proposed Official Plan and Zoning Bylaw Amendments are available at
Clarington.net/ADUs.
The proposed Official Plan and Zoning Bylaw Amendments are being advanced as part of the
Clarington's Affordable Housing Toolkit and, are in response to changes to the Planning Act as a
result of Bill 108, More Homes, More Choice Act, 2019.
The proposed Official Plan Amendment outlines new policies to allow for one ADU within a house
and one ADU in an accessory structure on the same lot. This will apply to properties in rural and
urban areas. However, due to Provincial policies, there will be some restrictions to ADUs within the
Oak Ridges Moraine and the Greenbelt. Details of these restrictions can be found at
Clarington.net/ADUs.
The proposed Zoning Bylaw Amendments contain regulations to implement the proposed Official
Plan policies within the Official Plan Amendmeatgewbich include regulations regarding the location,
size, and parking requirements of ADUs. Amendments to Zoning By-law 84-63 (south of the Oak
Ridges Moraine) also include regulations for ADUs within accessory buildings.
Additional Information
A copy of the Staff Report will be available on the afternoon of Thursday, September 9, 2021 and
may be found at www.clarington.net/calendar. You may also contact Mark Jull, Planner II, at the
Municipality of Clarington Planning and Development Services Department at miull(a).clarington.net
or (905) 623-3379 extension 2426.
Provide Written Comments
We encourage you to submit your written comments prior to the date of the Public Meeting for
Committee's consideration to Mark Jull via email mjull(a-clarington.net or by mail or drop box to 40
Temperance Street, Bowmanville, ON L1 C 3A6. A drop box is located at the Church Street entrance.
Speak at the Public Meeting
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
Joint Committee Meeting
Date: Monday, September 13, 2021
Time: 9:30 am
Place: Electronic meeting by way of online device or telephone
If you wish to speak at the public meeting, please pre -register and you will be provided with further
instructions. To pre -register, please complete the online form at www.clarington.net/delegations or
contact the Clerk's Division at (905) 623-3379 extension 2131 by 4:15 pm on Friday, September 10,
2021.
If you are unable to participate electronically, please contact the Clerk's Division and we will do our
utmost to accommodate you.
Notice of Decision
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 L1 C 3A6.
Right of Appeal
If a person or public body would otherwise have an ability to appeal the decision of Clarington
Council to the Ontario Land 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 bpgok1 as a party to the hearing of an appeal before
the Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to
add the person or public body as a party.
As per sections 17 (24.1), 17 (36.1), and 34 (19.1) of the Planning Act, appeals are not permitted from
the adoption of additional residential unit policies in an Official Plan or the enactment of amendments
to Zoning Bylaws to give effect to the Official Plan policies.
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 extension 2131.
Questions? Please contact Mark Jull at miulkjc�clarington.net or 905-623-3379 extension 2426.
File Numbers: COPA2021-0003 and ZBA2021-0011
Ryan Windle, MCIP, RPP, AICP
Director of Planning and Development Services
Page 9
DRAFT Municipally -initiated
Official Plan and Zoning
Bylaw Amendments
Additional Dwelling Units
Increasing the supply of affordable housing in
Clarington
COPA2021-0003 & ZBA2021-0011
Statutory Public Meeting
September 13, 2021
Purposes of this Public Meeting
Introduce and explain the Municipally -initiated
Official Plan and Zoning Bylaw Amendments
- Obtain input and comments from the public
PRIMARY UNIT
ADDITIONAL
DWELLING UNIT
ADDITIONAL
DWELLING
UNIT
PRIMARY UNIT
PRIMARY
UNIT
ADDITIONAL PRIMARYFDWELLING
DWELLING UNITUNIT ADDITIONAL
DWELLING ACCESSORY UNIT STRUCTUREF1
Affordable Housing Initiatives
• Official Plan
• Council Task Force on Affordable Housing
• Strategic Plan
• Affordable Housing Toolkit
• Secondary Plans
• Inclusionary Zoning
• Municipal property for affordable housing
• ADUs increase the supply of housing and
provide an affordable option
Additional
Dwelling Units
(ADUs)
• In-house apartments
• Basement apartments
• In-law suites
• Secondary suites
Official Plan
Municipality of Clarington
2018
Increasing the Supply of
Housing
• One ADU in a single, semi, or
townhouse and
• One ADU in accessory building
(e.g. a detached garage)
Provincial Policy
Statement
• No development
(including ADUs)
permitted in Natural
Heritage System
o,
0A Ridges Moraine
Con wtio. Pin (2017)
I W f-
i
Oak Ridges Moraine
Conservation Plan
• ADU not permitted in
Natural Core or Natural
Linkage
• Only allowed in Countryside
• Only one ADU, must be in
single detached dwelling
Greenbelt Plan
• ADUs only allowed in
single dwelling or an
existing accessory building
• 'Existing' as of July 1,
2017
• Hamlets and Orono not
subject to these
restrictions
1,17:
r ••
Proposed Official Plan Amendment
• Provides direction for these new
opportunities
• Creates framework for zoning
• ADUs must be registered with the
Municipality
• Accessory buildings with an ADU
• Must be secondary in size and scale
to principal residential building
• Cannot be severed from the lot
�. TT,
. f�,e1. v'
._..
Official Plan
Municipality of Clarington
RPM�� 2018
Uaiington
Zoning Bylaw Amendment
• Where in Municipality ADUs are permitted
• Each ADU must have one additional parking
space
• Principal dwelling requires two spaces
• ADUs may now be on private sanitary and
water services
• Limited Home Occupations permitted
• Includes home office, personal service shop
• Standards on entrances to protect
neighbourhood character
ADUs within an accessory building
• May not exceed zone's maximum total lot coverage
• Max height to complement character of main building
• 5.25 metres in Urban Residential Zones (1.5 storeys)
• 6 metres in Agricultural and Rural Residential Zones (2 storeys)
/'1rlM41""rnn www.claringlon.neT 1 905-623-3379
Notice of Public
Meeting
• Advertised in Clarington This Week
and Orono Times
• Notice emailed to Interested
Parties
• Letters sent to owners with
affected Exception Zones
• Project and meeting in Planning
eUpdate
• Subject of Mayor's Column (Aug 9)
• Subject of article in Clarington This
Week (Aug 28)
• Project webpage
To obmin ibis inform... in— o8emam fa—t p". can 1the—ibiliy C.di.—m 995b23—ea. 2131, TM 1-86C-29 —9.
Public Comments
• Written public comments compiled and posted to project website
• Comments received thus far:
• Those in support note the need for affordable housing options
• Those in opposition have concerns about traffic, increased density and
potential loss of natural features
Agency Comments
• The following have provided comments; none have concerns
• Durham Health
• CLOCA
• Conseil scolaire Viamonde
• Kawartha Pine Ridge District School Board
• Enbridge
• Other agencies have yet to provide comments
Next Steps
• Receipt of agency and public
comments
• Recommended Amendments
brought to PDC, then ratified by
Council
• New ADU Registering Bylaw brought
to Council
Thank you!
Clarington.net/ADUs
Staff Contacts:
Mark Jull
MJULL@Clarington.net
Lisa Backus
LBACKUS@Clarington.net
MM ADDITIONAL
PRIMARY UNIT DWELLING
UNIT
ADDITIONAL PRIMARY UNIT
DWELLING UNIT ON
PRIMARY
UNIT
ADDITIONAL PRIMARYF
DWELLING UNITUNIT ADDITIONAL
DWELLING AccEs " UNIT STRUCTURE
Living on the Oak Ridges Moraine
By just one of the people who live
there
Page 18
•
Thank You.
•
Restrictions of ADUs on properties
within the Oak Ridges Moraine
•
Currently limited to addition of one
room , 10 by 10?
Severances for rural lands (RU amd FL)
limited to 100 acre properties —correct?
Page 19
� A
•
Proposed Official Plan Amendments will
allow ADUs with `some' limitations for
properties located within the Oak Ridges
Moraine
•
Goal of the restrictions is to preserve the
moraine in a pristine condition to ensure
the aquifer which lies in this geological
formation will remain unpolluted for the
GTA community that it serves.
Page 21
•
Families living on the moraine love and
value this unique area. We protect it
from:
• individuals who dump garbage in the
�MrM
• pick up the garbage others dump here
• report strangers hanging out here for no
apparent reason
• take care to ensure our personal use
keeps the land, springs and creeks in
environmentally pure condition.
Page 22
•
We live there so we want to keep it protected
for ourselves, our children and all future
•
people who are lucky enough to come and
live in this area.
However, we who have lived here a long time
are aging; we need:
• help to remain in residence on the
moraine.
• some of us have children who grew up
here who still love the area.
•they would love to come and live here
again with their own separate living
quarters for their families.
Page 23
•
These children of the existing moraine
dwellers are the future keepers of this land.
If your restrictions for the moraine
properties allow ADUs that permit these
children, and their children, to return to their
parents' lands they will continue the
protection that their parents started. They
too want to keep the land clean and safe for
future generations.
Page 24
•
My request is: PLEASE, if you want to
preserve the Moraine; allow the families
living there to have the opportunity to
build ADUs also; to ensure the people
who care remain on the land as the
`CAREGIVERS'.
Page 25
Pristine Waters!
Vn
Page 26
•
ADUs would allow the older generation to move
into the new unit and the children who need more
space could take over the original residence on the
property.
Also, some properties occupy frontages on two
side roads. These properties could easily allow 2
to 3/two acre severed lots to create up to three
new homes to assist in complying with the
provincial guideline to create new affordable
housing.
Page 27
*If these property owners could sever and sell two
acre lots, as occurred Enniskillen, existing families
could raise funds to retire on the Moraine, and meet
the goal of providing additional housing.
F_-I
L_.�
I believe this is far preferable to the experience I
had in Thornhill where the land across from my
property was zoned greenbelt. The existing farm was
supposed to stay there forever. But the developers
came along with large investment dollars and those
lands are now all gone, no longer greenbelt and are
now a huge development of office buildings with
some in -fill housing.
Page 28
•allow small housing, with controlled and
regulated development that protects the
Moraine,
•Don't allow what happened in the GTA to again
take away our amazing and beautiful lands?
•PLEASE keep the lands out of developers'
hands, so we can enjoy the beauty of the land
as some of the pictures I have taken show
below:
Page 29
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The end of the Day
Page 33
I%k
The Amendment to the OP and Zoning Bylaws — Affordability Units
Items of Interest: Suitability of Supporting Affordability with Additional
Dwelling Units in Lands of Harmony, Farewell and Black Creek watershed.
Oak Ridge Moraine and the Greenbelt is exempted from this Provincial
Implementation in Clarington Communities.
The intensification of Courtice North Neighborhood, and its northern rural
communities within this area, have already removed so much of forested areas,
or in many cases have no setback from PSW in this groundwater recharge area.
This has caused us to now experience either intense dryness and hot
temperatures, or wetness, even flooding not only within the urbanized centers,
but in the adjacent lands of this watershed. Also, extreme winds are
experienced more and more often. These negative conditions are causing
damages to our infrastructure (roads, parks, SWM and to green infrastructure
like wetlands and Creeks).
This watershed is important for the remaining forests, wetlands, and ensures
farms have sufficient water. You cannot have a healthy ecosystem, healthy
communities, and healthy farm communities, without forests. The wells which
have dried up so far, and the drought being experienced is due to the
deforestation of this area, and the disruption of the watershed.
https://www.americanforests.org/blog/no-trees-means-no-rain/
https://www.americanforests.org/magazine/article/forests-the-protector-of-
water
Hwy 418 with 18 hectares of removal of very mature forested areas in
surrounding lands of this watershed without mitigation intensified these
impacts. Huge, mature trees, will take years before small replacements can
provide the same benefit. We need to keep the trees we have in order to
maintain a cooler climate with less runoff, along with many other benefits this
provides.
https://www.epa.gov/soakuptherain/soak-rain-trees-help-reduce-runoff
Page 35
This watershed is the only land in the GTA containing PSW and endangered,
threatened and rare species of wildlife. Many of them perished because their
habitat was removed.
Because this watershed from its headwaters all the way to the Lake is underlain
by clay it is very sensitive to human impacts. The above -mentioned
development diverted its groundwater flow from the wetlands to the existing
living area, its roadways and parks. Thus, removing it from where it is needed
and useful and diverting it into areas where problems have now arisen.
Dampness or pooling of living areas is not a healthy environment for people.
The endangered, threatened and rare species which are helpful to people were
replaced by pests like ticks, mosquitos, red ants, etc., which those species would
normally control. These types of pests are thriving in these conditions. Such an
environment is nowhere being mentioned in any policies of federal, provincial,
regional and local Policies/Plans.
totally agree we need a place to put affordable housing, as this is indeed
necessary, but not in an area which is an important watershed, which has been
so damaged already, and needs to be repaired not further destroyed.
Intensification is needed in areas where redevelopment would be a positive
move, creating desirable and affordable homes without disrupting woodlots
and wetlands. These wetlands are what keeps our remaining forested area, and
smaller woodlots from totally drying. These are vital for our survival and
freshwater is a limited resource which needs to be protected, as without it
there will not be sufficient water to feed into Lake Ontario, which supplies
water to so many of us.
Therefore, adding additional dwellings into these lands is not suitable for this
watershed because it would even further reduce the possibility of infiltration
into the ground and increase overland runoff. In this area increasing
affordability should be allowing basement rentals. This would provide options,
and at the same time preserve what we have left in this watershed.
Page 36
Conclusion: This watershed should be included within ORM and Greenbelt with
the only exception of urban lands where the existing basements could be used
to satisfy provincial interest of affordability.
K s
MI'kb"y i
L.w�I,^I"°. Snd .
Page 37
Common Aquifer
Testing, flooding, trees
Local Aquifer Systems
Co.I. I3wn Rd Area G�nat�
Ab'.,.,,
-1 ft� 4
TABLE I
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Page 39
Same photos of the area
with .1d Potent growth,
Sped. at Risk, etc, Rl"N' 4 .
a'
= w
AV
Page 40
Clarington
Public Meeting Report
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Report To: Joint Committees
Date of Meeting: September 13, 2021 Report Number: PDS-041-21
Submitted By: Ryan Windle, Director of Planning and Development Services
File Number: COPA2021-0003 & ZBA2021-0011 Resolution#:
Report Subject: Additional Dwelling Units - Official Plan and Zoning Bylaw
Amendments
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-041-21 and any related communication items, be received;
2. That staff consider comments from the public and Council with respect to the
Municipally -initiated Official Plan and Zoning Bylaw Amendments to increase
permissions for Additional Dwelling Units prior to bringing back a recommendation
report; and
3. That all interested parties listed in Report PDS-041-21 and any delegations be
advised of Council's decision.
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Municipality of Clarington
Report PDS-041-21
Report Overview
Page 2
The proposed Amendments are being advanced as part of Clarington's Affordable Housing
Toolkit to respond to a community need for more affordable housing options. Expanding
permissions for Additional Dwelling Units (ADUs) is just one `tool' within the Affordable
Housing Toolkit that includes affordable housing requirements as we design new residential
areas through secondary plans.
The proposed policies of the Official Plan and standards of the Zoning Bylaws will help
facilitate the process for property owners who wish to add an ADU within their house or
accessory building.
The proposed level of policies and standards have been designed to accomplish a balance
between the protection of the health and safety of residents and community character with
the need for a straight -forward process. The intention is to facilitate the development of
ADUs and increase the supply of affordable housing as soon as possible.
Attachment 1 to this report is a table comparing the current Official Plan policies and Zoning
Bylaw regulations to what is proposed, and includes a brief explanatory comment for each
proposed amendment. Attachment 2 is the proposed Official Plan Amendment, and
Attachment 3 is the proposed Zoning Bylaw Amendment.
1. Background
1.1 The Planning Act has been amended to require municipalities to update their Official
Plans and Zoning Bylaws to allow one ADU within a detached, semi-detached, and
townhouse and one ADU within an accessory building on the same lot. This means that
a property could have three dwelling units: the principal dwelling unit, an ADU within the
principal building, and an ADU within a detached accessory building.
1.2 Shortly after these new permissions were granted, they were quickly incorporated into
Clarington's Affordable Housing Toolkit as outlined in Report CAO-013-19. One of the
recommendations of that report was for Staff to prepare draft Official Plan and Zoning
Bylaw Amendments to implement these changes to the Planning Act. In approving this
recommendation on November 25, 2019 in Resolution #GG-549-19, Council authorized
Staff to commence this project.
1.3 Implementing expanded permissions for ADUs is just one way that the Municipality is
addressing this important issue. Clarington's Task Force on Affordable Housing, a
predominantly citizen -based group that also includes Council members, provide advice,
comments, and recommendations to Council regarding affordable and senior's housing
in the community.
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Report PDS-041-21
Page 3
1.4 Inclusionary Zoning will also assist in the provision of affordable housing units. This land
use planning tool enables municipalities to require that a proportion of affordable units
within proposed residential developments located in Major Transit Station Areas
(MTSAs) be provided. Both the Courtice and Bowmanville MTSAs will benefit from
these provisions.
1.5 The recently approved Southeast Courtice, Southwest Courtice, and Brookhill
Neighbourhood Secondary Plans have included policies that require either the
dedication of land or payment in lieu of dedication for the development of affordable,
public or not -for -profit housing in the community.
Current Official Plan Policies
1.6 Currently, the Municipality's Official Plan (OP) permits only one "accessory apartment"
within principal residential buildings in Urban Areas. In Rural Areas, only one accessory
apartment is permitted, but may be in either a principal residential building or within a
detached accessory structure. These current Official Plan policies are not reflected in
the Municipality's two Zoning Bylaws, which pre -date the current Official Plan.
Current Zoning Regulations
1.7 Zoning Bylaw 84-63 provides regulations for lands outside of the Oak Ridges Moraine
(ORM). Section 3.2 was added in 1997 to permit one "apartment -in-house" within the
R1, R2, and R3 zones, inclusive of all exception zones, but not within Orono where they
are not permitted. Zoning Bylaw 2005-109 provides regulations for lands within the
ORM. Section 5.7 permits one "in-house apartment" within a single detached dwelling in
Urban Residential Zones. In both Bylaws, one parking space is required for each
apartment.
Purpose of Report
1.8 The purpose of this report is to provide the context and explain the proposed Official
Plan and Zoning Bylaw Amendments, as found the Attachments to this report. These
proposed Amendments are not being recommended for approval at this time. They are
intended to be an early draft version to elicit comments from the public, commenting
agencies, and Council. After Staff have received and given consideration to these
comments, revised draft Official Plan and Zoning Bylaw Amendments will be brought to
Council for approval.
2. Legislative and Policy Context
Bill 108 and Planning Act
2.1 On September 3, 2019, Bill 108, More Homes, More Choice Act, 2019 came into effect.
In part, it amended the Planning Act to require municipalities to update their Official
Plans and Zoning By-laws to increase permissions for ADUs.
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Municipality of Clarington
Report PDS-041-21
2.2 Section 16(3) of the Planning Act now states:
Page 4
"An official plan shall contain policies that authorize the use of additional residential
units by authorizing,
(a) the use of two residential units in a detached house, semi-detached house or
rowhouse; and
(b) the use of a residential unit in a building or structure ancillary to a detached
house, semi-detached house or rowhouse."
2.3 To ensure the above policies are implemented in zoning bylaws, Section 35.1(1) of the
Planning Act now states:
"The council of each local municipality shall ensure that the by-laws passed under
section 34 give effect to the policies described in subsection 16 (3)."
2.4 As with previous legislation requiring Municipalities to permit ADUs, sections 17 (24.1),
17 (36.1), and 34 (19.1) of the Planning Act provides that the adoption of ADU policies
in an Official Plan or amendments to Zoning Bylaws to give effect to the Official Plan
policies are not appealable.
Ontario Regulations ("O. Regs.")
2.5 Along with the above amendments to the Planning Act, O. Reg. 299/19 (which provides
regulations for the new ADU policies) states that ADUs are permitted in existing and
future residential buildings, and that only one parking space per ADU shall be required
unless a municipality has passed a by-law not requiring a parking space.
2.6 In 1994, O. Reg. 384/94 (which provides regulations for second residential units) came
into effect and its regulations must be adhered to, unless more recent regulations are in
effect that concern a specific issue within O. Reg. 384/94.
Provincial Policy Statement
2.7 The Provincial Policy Statement (PPS) states that efficient land use patterns support
sustainability, and that accommodating appropriate forms of affordable housing is a top
priority. Municipalities are to permit and facilitate a broad range of housing options,
including ADUs. Intensification assists with cost-effective development patterns and
minimizes servicing costs. While residential development is largely directed to
settlement areas, the PPS encourages the redevelopment of existing housing stock on
rural lands and the efficient use of existing infrastructure.
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Municipality of Clarington Page 5
Report PDS-041-21
A Place to Grow: Growth Plan for the Greater Golden Horseshoe
2.8 Like the PPS, the policies of the Place to Grow plan provide for a range and mix of
housing options, including ADUs and affordable housing to serve all sizes, incomes, and
ages of households. While the Place to Grow plan's primary goal is to direct residential
development to settlement areas, it recognizes the benefit of limited rural development
so long as it is compatible with the rural landscape, is supported by existing services,
and will not adversely affect agricultural and aggregate operations.
Greenbelt Plan
2.9 On July 1, 2017, the Greenbelt Plan was updated to specify that, outside of Villages and
Hamlets, ADUs are permitted in single detached dwellings or existing accessory
buildings on the same lot so long as they are not within the Natural Heritage System
(NHS). Since the revised Greenbelt Plan came into effect on July 1, 2017, ADUs are
permitted only in accessory buildings that existed on that date.
2.10 Within Villages or Hamlets, ADUs are not permitted in the NHS, but may otherwise have
the potential for one ADU in the house, and one ADU in a new or existing accessory
structure. These permissions apply to the following Hamlets Mitchell Corners, Solina,
Hampton, Maple Grove, Tyrone, Leskard, Kendal, Brownsville, and Newtonville. These
permissions also apply to the portions of Enniskillen, Haydon, and Kirby that are within
the Greenbelt Plan Area, but the portions of these Hamlets within the ORM are subject
to more restrictive policies specific to the ORM.
Oak Ridges Moraine Conservation Plan
2.11 The Oak Ridges Moraine Conservation Plan (ORMCP) is set out in O. Reg. 140/02. Like
the Greenbelt Plan, the ORMCP was also updated in 2017. This update included a
revised definition of "single dwelling" which contained policy direction on where ADUs
could be permitted within the ORM. Clarington Staff discussed this matter with Staff
from the Ministry of Municipal Affairs and Housing. It is now clear that, for lands within
the ORM, only one ADU is permitted on a lot, and it must be within a single detached
dwelling and only within the Countryside Area (which includes Rural Settlement Areas).
This means that ADUs cannot be permitted in Natural Core or Natural Linkage areas,
and cannot be permitted in accessory buildings anywhere within the ORM.
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Municipality of Clarington
Report PDS-041-21
Durham Official Plan
Page 6
2.12 The Durham Regional Official Plan (DROP) contains policies to encourage the
maintenance and improvement of existing housing stock and that 25% of new
residential units in each area municipality shall be affordable. The DROP encourages
intensification within Urban Areas, including converting single detached dwellings into
multiple residential units. The DROP does not speak directly to ADUs within the Rural
System, however the Region is currently in process of a Municipal Comprehensive
Review (Envision Durham) which will revise the DROP's policies to be in conformity with
Provincial directions, including expanded permissions for ADUs.
2019-2022 Strategic Plan and Affordable Housing Toolkit
2.13 The 2019-2022 Strategic Plan identified Council's desire to develop an Affordable
Housing Policy. In collaboration with the CAO's office, the Municipality has developed
an Affordable Housing Toolkit. This Toolkit provides three categories of tools that can be
used to help increase the number of affordable housing units in Clarington: Regulatory
and Process Tools; Land Based Incentives; and Financial Incentives. ADUs, along with
Inclusionary Zoning, reduced parking requirements and an expedited approvals process
are some of the Tools that the Planning and Development Services Department can
assist with.
3. Proposed Official Plan Amendment
3.1 While the Planning Act directs municipalities to implement Official Plan and Zoning
Bylaw Amendments to allow one ADU in a house and one ADU in an accessory
building, other Provincial policies require restrictions to protect natural features,
particularly on lands within the ORM and the Greenbelt.
3.2 The proposed Official Plan Amendment states that ADUs are not permitted within the
Natural Heritage System (NHS) as identified on Map D of the Official Plan. The NHS in
the Official Plan is more refined and accurate (and smaller) than the NHS that is
mapped in the Greenbelt Plan.
Oak Ridges Moraine Area
3.3 In conformity with the ORMCP, within the ORM, ADUs are only permitted in single
detached dwellings, and only within the Protected Countryside (which includes Rural
Settlement Areas). ADUs are not permitted in accessory buildings in any areas of the
ORM.
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Municipality of Clarington
Report PDS-041-21
Greenbelt Plan Area
Page 7
3.4 For properties within the Greenbelt (but not within the NHS) only one ADU would be
permitted on a lot. The ADU could be within the principal single dwelling, or within an
accessory building if it existed on the day the revision to the Greenbelt Plan came into
effect (July 1, 2017). The Greenbelt Plan does not have such restrictive policies for
Garden Suites, which may be a viable alternative for those properties without existing
accessory structures (see section 3.10 below).
Urban Areas, Hamlets, and Whitebelt
3.5 Properties outside the NHS but within Urban Areas (including Orono), Hamlets outside
of the ORM, and the "whitebelt" (lands that are neither within a settlement area or within
the Greenbelt) all have the potential for one ADU in the principal residential building and
one ADU in an accessory building, regardless of when the accessory building was
constructed.
Summary
3.6 In summary, the potential for ADUs in different areas of the Municipality is as follows.
• For all lands in the Municipality, ADUs (or any development) is prohibited in the
NHS.
• For lands within the ORM, ADUs may be permitted only in single dwellings and
only in the Protected Countryside (which includes Rural Settlements).
• For lands outside of settlement areas within the Greenbelt, ADUs may be
permitted in either a single dwelling or an existing accessory building.
• For lands within Urban Areas (including Orono), Hamlets outside the ORM, and
the "whitebelt," one ADU may be permitted in the principal residential building,
and one ADU in the associated accessory building.
3.7 Figure 1 below is a map representing the above summarized potential locations for
ADUs. It is important to note that this map is only schematic and meant to assist
conceptualizing the permissions and restrictions at a general level. The map does not
account for flood plains or other hazards, and does not identify areas where residential
uses (including ADUs) are not permitted (such as commercial, industrial, or aggregate
extraction areas).
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Municipality of Clarington
Report PDS-041-21
Policies for Health and Safety
Page 9
3.8 The proposed Official Plan Amendment restricts ADUs from Hazard Lands, which
include flood plains, areas subject to erosion, or steep slopes to prevent personal injury,
property damage, or damage to the natural environment.
3.9 All ADUs will continue to be required to conform to the provisions of the Fire Code and
the Ontario Building Code and obtain a building permit. Prior to building permit
issuance, any development on properties with private sanitary services and water
supply will need an authorizing permit from the Durham Region Health Department
confirming there is sufficient capacity in the sanitary system and potable water supply
for the ADU.
Garden Suites
3.10 Garden suites are self-contained dwelling units which may be permitted on properties
with a principal residential dwelling unit. They require a Temporary Use Bylaw, which is
similar to a site -specific Zoning Bylaw Amendment, but is only valid for a maximum of
20 years. Garden Suites are not permitted in the ORM, and must be outside the
Greenbelt NHS. However, though the Greenbelt Plan restricts ADUs to single dwellings
and already -existing accessory buildings, the Plan does not have such restrictions for
Garden Suites. Since Garden Suites are essentially temporary ADUs in accessory
buildings, the proposed Official Plan Amendment keeps these as an option, but updates
the definition of "Garden Suite" to be in conformity with the definition in the Planning Act.
4. Zoning Bylaw Amendments
4.1 The proposed Zoning Bylaw Amendments are drafted to facilitate the process of
allowing ADUs while also ensuring there is an appropriate level of regulation to protect
the health and safety of its residents and promote liveable, functional, and attractive
neighbourhoods. The proposed Zoning Bylaw Amendments implement the proposed
Official Plan Amendments outlined above. This includes revising definitions, identifying
where ADUs are permitted, and development regulations.
Areas Permitted
4.2 To implement where ADUs are permitted within the ORM, the proposed Amendments to
Zoning Bylaw 2005-109 would allow one ADU in a single detached dwelling within the
Rural Settlement Zone and the Agricultural Zone.
4.3 For lands south of the ORM, the proposed Amendments to Zoning Bylaw 84-63
reference land designations within the Official Plan to implement required restrictions.
Zoning bylaws do not typically rely on other documents to implement policy, but Staff
feel this approach is acceptable on an interim basis until the comprehensive zoning
bylaw review is complete.
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Municipality of Clarington
Report PDS-041-21
ADUs in principal residential buildings
Page 10
4.4 The proposed Zoning Bylaw Amendments state that an ADU within a principal
residential building cannot be larger than the principal dwelling unit within that building.
Though O. Reg 384/94 prohibits regulating the relative size of two units within a
principal residential building, this proposed regulation is only to clarify which unit is the
ADU when registering the ADU with the Municipality.
4.5 Principal residential buildings in urban areas with an ADU must have a separate
entrance from the side or rear if not a shared front door. This urban design regulation
applies to all residential building forms, but will be particularly effective in prohibiting
potentially for four front doors of a semi-detached building, each dwelling containing an
ADU.
ADUs in accessory buildings
4.6 The proposed Amendments regulating accessory buildings containing an ADU are
meant to facilitate a reasonably sized ADU while also ensuring these accessory
buildings are secondary to the principal residential building.
4.7 Accessory buildings containing an ADU could be in the front or exterior side only if the
principal residential building is set far back on the lot. Other yard setback regulations
address Ontario Building Code requirements, and potential stormwater and privacy
concerns. The proposed heights are intended to facilitate a one -and -a -half storey ADU
within urban areas and a full two storeys in rural areas.
4.8 The proposed Amendments regulating the size of accessory buildings with an ADU are
through lot coverage rather than floor area. As proposed, there are three limits to the
maximum footprint of an accessory building, and whichever limit is reached first is the
maximum. The three limits are: 10% of the lot area; 120 square metres; and the zone's
maximum total lot coverage (usually 40%).
4.9 An accessory building containing an ADU with a 120 square metre footprint would be
the largest possible, and it would only be possible if 120 square metres is less than 10%
of the lot, and all buildings and structures do not exceed the zone's maximum lot
coverage for all buildings and structures.
4.10 For example, on an 800 square metre lot (approx. 8600 square feet), the maximum
footprint of an accessory building containing an ADU would be 80 square metres (10%
lot coverage), but only if the accessory building combined with all other structures did
not exceed the zone's maximum total permitted lot coverage.
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Municipality of Clarington
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4.11 As a second example, on a 4000 square metre lot (approx. 1 acre) the maximum
footprint of an accessory building containing an ADU would not be 10% of the lot (400
square metres) but rather 120 square metres, assuming all combined structures would
not exceed the zone's maximum total permitted lot coverage.
Regulation for all ADUs
4.12 Parking requirements remain the same as they are now: one parking space per ADU or
Garden Suite. O. Reg. 299/19 states that only one parking space is required for each
ADU, unless a municipality passes a bylaw requiring less. Municipalities cannot require
more than one parking space per ADU.
4.13 Currently, limited home occupations are permitted within multi -unit buildings as detailed
in the Zoning Bylaw. It is proposed that the same opportunities be afforded to those in
ADUs, even if they are in an accessory building.
4.14 All ADUs, regardless if they are in the principal or accessory building, must conform to
the Ontario Building Code and Ontario Fire Code. The requirement that all ADUs be
registered with the Municipality will continue to help enforce conformity to zoning and
other regulations.
Exception Zones
4.15 There are two Agricultural Exception Zones that currently permit an "apartment -in-
house" with regulations. The proposed amendments are more permissive, so it is
proposed that these Exception Zones be removed to ensure fairness for these property
owners. There are two other Exception Zones that are proposed to be amended only to
update the terminology from "apartment -in-house" to "additional dwelling unit."
5. Public Notice and Submissions
Public Notice
5.1 In accordance with the Planning Act, the statutory Public Meeting was advertised at
least 20 days prior to the date of the Public Meeting (September 13, 2021). The Public
Meeting was advertised in both the Clarington This Week and the Orono Times for four
weeks, beginning on August 18, 2021.
5.2 On August 17, 2021, the website www.clarington.net/ADUs was published. The website
provides information on the project and hosts the proposed Official Plan and Zoning
Bylaw Amendments (Attachment 2 and Attachment 3 of this Report) as well as the
comparison table (Attachment 1).
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Municipality of Clarington
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5.3 The owners of the four properties where an Exception Zone is proposed to be removed
or amended received the Notice of the Public Meeting along with a short explanatory
letter. They were invited to reach out directly to Staff who could help explain the
situation.
Public Submissions
5.4 Since the Notice of the Public Meeting was advertised in the newspapers on August 18,
2021, Staff have received comments from six residents: two of which oppose the
project, one fully supports the expanded permissions, and the remaining three support
the expanded permissions, but with comments about where ADUs should or should not
be permitted.
6. Department and Agency Comments
6.1 In accordance with the Planning Act, Notice of the Public Meeting was either mailed or
emailed to the prescribed public bodies. Over 20 departments and agencies were
requested to provide comments on the proposed Official Plan and Zoning Bylaw
Amendments. As of writing this report, comments from most of these agencies are yet
to be received. However, preliminary comments from the Durham Health Department
state they have no concerns as the requirement for a building permit will ensure there is
sufficient water supply and private sanitary service capacity to serve any new ADUs.
7. Next Steps
7.1 The purpose of this report is to provide Council and the public background and
explanation for the proposed Official Plan and Zoning Bylaw Amendments found in the
Attachments to this report. Staff will consider comments received leading up to, during,
and after the Public Meeting and bring to Council a report with recommended Official
Plan and Zoning Bylaw Amendments.
7.2 If Council approves the Official Plan and Zoning Bylaw Amendments to implement these
expanded permissions for ADUs, a new bylaw to replace Bylaw 97-77 will be brought to
Council which will require ADUs to be registered and their associated regulations can be
properly enforced.
7.3 As well, once Official Plan and Zoning Bylaw Amendments are approved by Council,
Staff will update the current basement or in-house apartment website to assist residents
with applications for adding an ADU to their property.
8. Concurrence
Not Applicable.
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Municipality of Clarington Page 13
Report PDS-041-21
9. Conclusion
9.1 It is respectfully recommended that following the statutory Public Meeting and receiving
comments from members of the public and Council, Staff will prepare a
recommendation report for Council's consideration.
Staff Contacts:
Mark Jull, Planner II, 905-623-3370 ext. 2426 or mjull clarington.net
Lisa Backus, Principal Planner, at 905-623-3370 ext. 2413 or Ibackus clarington.net
Attachments:
Attachment 1 — Comparison Table with Explanatory Comment of Proposed Official Plan and
Zoning Bylaw Amendments
Attachment 2 — Proposed Official Plan Amendment
Attachment 3 — Proposed Zoning Bylaw Amendment
Interested Parties:
List of Interested Parties available from Department.
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CIc7Clllb°COII
Attachment 1 to Report PDS-041-21
Comparison Tables of Draft Official Plan and Zoning By-law Amendments
Additional Dwelling Units (ADUs)
Official Plan
Proposed changes to the Official Plan are outlined in the table below. The column on the left shows what is currently in the Official Plan.
The middle column shows what is proposed to be within the Official Plan. The column on the right provides a brief explanatory
comment on the proposed changes. The proposed changes include the introduction of additional dwelling unit policies and the
modification of garden suite policies. As the policies are added/deleted/modified, the remaining subsections will be renumbered.
Current Official Plan policies
Proposed changes to Official Plan
policies
Explanatory comment
Accessory Apartments
Additional Dwelling Units
Reflects the changes to Section 16(3)
of the Planning Act as a result of Bill
6.3.5 An accessory apartment is permitted in
6.3.5 One additional dwelling unit is
108, More Homes, More Choice Act.
Urban Areas within a detached or semi-
permitted on a lot within a permitted single
detached dwelling or townhouse subject to
detached, semi-detached, or townhouse
the following:
a) Only one accessory apartment is
dwelling. One additional dwelling unit is
permitted;
permitted within a detached accessory
b) One additional parking space is
building on the same lot.
required for the accessory apartment
in accordance with the Zoning By-
law;
c) Sufficient water supply and sanitary
servicing capacity exists;
d) The accessory apartment complies
with the provisions of the Ontario
Building Code, Ontario Fire Code
and any other relevant regulations;
and
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Current Official Plan policies
Proposed changes to Official Plan
Explanatory comment
policies
e) The accessory apartment is
registered with the Municipality.
6.3.6 An accessory apartment is permitted
6.3.6 Notwithstanding 6.3.5, within the Oak
Required to be in conformity with the
outside of Urban Areas within a detached
Ridges Moraine, as shown on Map H of this
Oak Ridges Moraine Conservation
dwelling or above or within a detached
Plan:
Plan (ORMCP). In 2017, the ORMCP
accessory building, subject to the following:
a) within the Natural Core and Natural
was amended with a revised definition
a) That the accessory building use is
Linkage Areas, additional dwelling units
of "single dwelling" that limits where
maintained;
b) That the accessory apartment complies
are not permitted; and
b) b) within the Countryside and
ADUs may be permitted.
with the development criteria of Section
Settlement Areas, a maximum of one
6.3.5; and
additional dwelling unit is permitted on a
c) That in the case of an accessory
lot and only within a single detached
apartment above or within an accessory
dwelling.
building, the accessory building is in close
proximity to the dwelling and is clearly
secondary to the principal dwelling.
6.3.7 Notwithstanding 6.3.5, within the
Conforms with policy 3.4.8 of the
Natural Heritage System as identified on
Official Plan.
Map D this Official Plan, additional dwelling
units are not permitted.
6.3.8 Notwithstanding 6.3.5, within the
Required to conform to Section 4.5.3
Protected Countryside of the Greenbelt Plan,
of the Greenbelt Plan.
but outside of the Natural Heritage System
The revised Greenbelt Plan came into
as identified on Map D of this Official Plan,
effect on July 1, 2017.
additional dwelling units are only permitted
within single detached dwellings and
accessory buildings that existed on (or
building permits were issued prior to) July 1,
2017.
6.3.9 Notwithstanding 6.3.5, additional
Conforms with policies in 3.7 of the
dwelling units are not permitted within
Official Plan to prevent personal
Hazard Lands as identified on Map F of this
injury, property damage, or damage to
Official Plan.
the natural environment.
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Current Official Plan policies
Proposed changes to Official Plan
Explanatory comment
policies
6.3.10 Additional dwelling units shall:
Confirms need to conform to
a) comply with the provisions of the Zoning
appropriate regulations. Provisions of
By-law, Ontario Building Code, Ontario Fire
the Ontario Building Code ensure
Code and any other relevant regulations;
ADUs are properly serviced with
b) be registered with the Municipality; and
sanitary and water servicing.
c) be compatible with adjacent uses.
Registering ADUs helps ensure
conformity to regulations.
6.3.11 Where an additional dwelling unit is
Supports good urban design.
within an accessory building, the accessory
building must be secondary in size and scale
to the principal residential building.
6.3.12 An accessory building containing an
To prohibit potential severances of
additional dwelling unit may not be severed
ADUs in accessory buildings.
from the lot accommodating the principal
residential building.
Garden Suites
Garden Suites
Only changes are to policy numbers.
6.3.7 Except for areas within the Oak Ridges
6.3.12 Except for areas within the Oak
Garden Suites will continue to be
Moraine, one garden suite may be permitted
Ridges Moraine, one garden suite may be
permitted. Due to their temporary
in association with any single detached
permitted in association with any single
nature, they may be permitted in
dwelling, through a temporary use by-law,
detached dwelling, through a temporary use
those areas of the Greenbelt where
subject to Section 6.3.8. The garden suite will
by-law, subject to Section 6.3.13. The
ADUs in new accessory buildings are
be permitted for a period of no more than 20
garden suite will be permitted for a period of
not permitted.
years provided that there is an agreement
no more than 20 years provided that there is
between the owner and the Municipality
an agreement between the owner and the
regarding the occupant, the period of
Municipality regarding the occupant, the
occupancy, the installation, maintenance and
period of occupancy, the installation,
removal of the suite, and any financial
maintenance and removal of the suite, and
conditions.
any financial conditions.
6.3.8 In applying for a temporary use by-law
6.3.13 In applying for a temporary use by-
Updated to reflect new regulatory
for a garden suite, the applicant shall
law for a garden suite, the applicant shall
language for garden suites in section
demonstrate that:
demonstrate that:
39.1 of the Planning Act. Provisions of
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Current Official Plan policies
Proposed changes to Official Plan
Explanatory comment
policies
a) There is a need for the garden suite to
a) The site is adequate for the garden
the Ontario Building Code ensure
provide supervised accommodation or
suite with regard to lot size, setbacks,
ADUs are properly serviced with
care for an elderly, sick or disabled
layout and private amenity areas;
sanitary and water servicing.
person; b) The site is adequate for the
b) The proposal is compatible with
garden suite with regard to lot size,
adjacent uses considering such
setbacks, layout and private amenity
matters as privacy, noise and
areas;
appearance;
b) The proposal is compatible with
c) The garden suite complies with the
adjacent uses considering such
provisions of the Zoning By-law,
matters as privacy, noise and
Ontario Building Code, Ontario Fire
appearance;
Code and any other relevant
c) There is adequate on -site parking;
regulations; and
d) There is adequate water supply and
d) d) There is no other accessory
sewage disposal
building on the lot containing an
e) services; and
additional dwelling unit.
f) There is no accessory apartment on the
lot.
12.3.8 An accessory apartment is permitted
Deleted
Policy to allow "accessory
in accordance with Section 6.3.6.
apartments" in Rural Settlements no
longer needed.
23.19.1 i. An apartment -in-house shall be
Deleted
This site -specific Official Plan
permitted within a single detached dwelling
exception is no longer needed as the
on those lands identified by Assessment Roll
proposed regulations are more
Number 1817-010-010-13850 located in Part
permissive.
Lot 6, Concession 3, Former Township of
Darlington having a municipal address of
2898 Concession Road 3, Darlington, subject
to the following:
One parking space per apartment;
a. Structural suitability of building
to accommodate alterations for
an additional unit;
b. Compliance with building and
fire regulations and other
Page 57
Current Official Plan policies
Proposed changes to Official Plan
Explanatory comment
policies
municipal regulations, including
registration; and
c. Meet the requirements of the
Durham Region Health
Department with respect to
servicing.
Definitions
Accessory Apartment: a self-contained
Additional Dwelling Unit: a self-contained
Revised definition to reflect new
second dwelling unit within a permitted
dwelling unit located within a permitted
"additional dwelling unit" term.
residential dwelling or a permitted accessory
residential dwelling and a permitted
building that is clearly secondary to the
accessory building and secondary to the
principal dwelling.
principal building on the same lot.
Garden Suite: a self-contained, portable
Garden Suite: a self-contained temporary
Simplified definition that does not
dwelling unit located in a side or rear yard of
dwelling unit designed to be portable and is
contain policy direction.
an existing residential property.
secondary to the principal building on the
same lot.
Page 58
Zoning By-laws 84-63 and 2005-109
Proposed changes to the Zoning By-laws (ZBLs) are outlined in the tables below. The main purpose of a ZBL is to implement the
policies in the Official Plan. The first table concerns proposed changes to ZBL 84-63, which regulates properties south of the Oak
Ridges Moraine. The following table concerns proposed changes to ZBL 2005-109, which regulates properties within the Oak Ridges
Moraine.
The column on the left shows what is currently in the Zoning By-law. The middle column shows what is proposed to be within the
Zoning By-law. The column on the right provides a brief explanatory comment on the proposed changes. The proposed changes
include the introduction of a definition of additional dwelling units and regulations including the location, size, and parking requirements.
Amendments to Zoning By-law 84-63 also include regulations for accessory buildings that contain an ADU. As sections are
added/deleted/modified, the remaining subsections will be renumbered.
Comprehensive ZBL 84-63 (applies to lands south of the Oak Ridges Moraine)
Current Zoning Regulations
Definitions
Apartment -In -House
Shall mean a self-contained second dwelling
unit within a permitted residential single
detached or semi-detached dwelling created
through converting part of or adding onto a
dwelling unit. The apartment -in-house shall
be used or intended to be used by one or
more persons and shall contain sanitary
facilities, kitchen and heating are provided.
The apartment -in-house shall have a private
entrance from outside the building or from a
common hallway or stairway inside the
building.
Garden Suite
A Garden Suite is a self-contained temporary
dwelling unit designed to provide for the care
of an elderly, sick and disabled person which
is located in the side or rear yard of a
Proposed changes to ZBL 84-63
Additional Dwelling Unit
A self-contained dwelling unit located within a
permitted residential dwelling or an accessory
building secondary to the principal residential
building on the same lot.
Garden Suite
A self-contained temporary dwelling unit
designed to be portable and is secondary to
the principal residential building on the same
lot.
Explanatory comment
Revised definition to reflect new
"additional dwelling unit" term and
removal of regulation from definition.
Revised definition to conform to
definition of "garden suite" in section
39.1 of the Planning Act.
Page 59
Current Zoning Regulations
Proposed changes to ZBL 84-63
Explanatory comment
property containing a single detached
dwelling.
Regulations
3.2 Apartment -In -House
3.2 Additional Dwelling Unit
3.2 a. An apartment -in-house shall be
3.2 a. Additional dwelling units are permitted
Reflects the changes to section 16(3)
permitted within a single detached or semi-
within any legally permitted single detached,
of the Planning Act as a result of Bill
detached dwelling located within the "Urban
semi-detached or townhouse dwelling and
108, More Homes, More Choice Act.
Residential Type One (R1)", "Urban
within an accessory building on the same lot,
Residential Type Two (R2)" and "Urban
for a maximum total of three dwelling units on
Residential Type Three (R3)" zones inclusive
a lot.
of all exception zones except those
exception zones shown on Schedule 12
(Orono) of the Comprehensive Zoning By-
law, as amended, and the minimum floor
area for an "apartment -in-house" shall be 40
square metres.
3.2 b. i) Notwithstanding subsection a., any
3.2 b. Notwithstanding 3.2 a., within the
Section 4.5.3 of the Greenbelt Plan
apartment -in-house which existed prior to the
Natural Heritage System or Hazard Lands as
does not permit ADUs in Natural
date of passing of this By-law and is located
identified in the Clarington Official Plan,
Heritage System (NHS). The mapped
within a single or semi-detached dwelling, is
additional dwelling units are not permitted.
NHS in the Official Plan is more
a permitted use.
accurate (and smaller) than mapped
NHS in Greenbelt Plan. ADUs are not
3.2 b. ii) Notwithstanding subsection a., any
permitted in Hazard Lands, which
apartment -in-house which existed prior to
include floodplains as continually
November 16, 1995 and is located within a
updated by Conservation Authorities.
street townhouse or link townhouse in an
urban area is a permitted use.
Removal of unnecessary legal non-
conforming statement. Legal non-
conforming rights exist regardless of
zoning statements, and are already
covered in section 3.6 of the Zoning
Bylaw.
Page 60
Current Zoning Regulations
Proposed changes to ZBL 84-63
Explanatory comment
3.2 c. Notwithstanding 3.2 a., for lands within
Section 4.5.3 of the Greenbelt Plan
the Protected Countryside within the
allows ADUs only within single
Greenbelt, but outside of the Natural Heritage
detached dwellings or existing
System as identified in the Clarington Official
accessory building in the Protected
Plan, additional dwelling units are only
Countryside (but outside Natural
permitted within single detached dwellings or
Heritage System). This regulation
accessory buildings that existed on (or
came into effect with the updated
building permits were issued prior to) July 1,
Greenbelt Plan on July 1, 2017, This
2017.
means ADUs cannot be allowed in
the Greenbelt in accessory buildings
built after that date, unless building
permits had already been issued.
3.2 d. Where an additional dwelling unit is
O. Reg 384/94 states that planning
located within the principal residential
documents cannot regulate the
building, the floor area of the additional
relative size of two units within a
dwelling unit shall not exceed the floor area
principal building. This proposed
of the principal dwelling unit.
zoning regulation is only to clarify that
the smaller of the two residential units
is the ADU and the larger is the
principal dwelling unit.
3.2 e. Within Urban Residential Zones,
An urban design policy to restrict
entrances for an additional dwelling unit
additional front doors in urban areas.
within the principal residential building may
be through a common door in the front
building fagade. Additional, separate
entrances for either the additional dwelling
unit or the principal dwelling unit must be
accessed via the rear or side yard.
3.2 f. Where an additional dwelling unit is
To implement the policy that
located within an accessory building:
accessory buildings with an ADU
must be secondary in size and scale
to the principal residential building.
Page 61
Current Zoning Regulations
Proposed changes to ZBL 84-63
i) The floor area of the additional dwelling
unit must be no more than the floor area of
the principal residential building; and
ii) Notwithstanding Section 3.1 c., the
accessory building must:
a) Conform to the zone's front yard and
exterior side yard setback requirements
for residential uses;
b) Have a minimum rear yard and interior
side yard setback of 1.8 metres;
c) Have a maximum lot coverage of 10%,
or 120 square metres, or the zone's lot
coverage maximum, whichever is less;
and
d) Have a maximum height of 6 metres
within Agricultural and Rural Residential
Zones, and 5.25 metres within Urban
Residential Zones.
3.2 g. All dwelling units are subject to the
provisions of this By-law, the Ontario Building
Code, Ontario Fire Code and any other
relevant regulations.
Explanatory comment
If an ADU is in an accessory building,
the floor area of the ADU cannot be
larger than the floor area of the
principal residential building.
If an accessory building contains an
ADU, the setbacks for are slightly
more restrictive than for an accessory
building that does not have an ADU
(as found in the table in Section 3.1 c.
of the Zoning Bylaw). Heights are
more permissive to allow 2 storeys in
rural areas, and 1.5 storeys in urban
areas.
The max footprint of an accessory
building containing an ADU is the
lesser of: 10% lot coverage, 120 sq.
m., or the zone's max lot coverage.
120 sq. m is the absolute maximum,
and only possible if that is less than
10% of the lot, and all combined
buildings and structures meet the
zone's max lot coverage (usually
40%).
Emphasizes requirement to conform
to appropriate regulations. Provisions
of the Ontario Building Code ensure
ADUs are properly serviced with
sanitary and water servicing.
3.2 h. Additional dwelling units must be Registering ADUs helps ensure
registered with the Municipality. conformity to regulations.
Page 62
Current Zoning Regulations
Proposed changes to ZBL 84-63
Explanatory comment
3.2 i. A home occupation is permitted within
Section 3.11 B permits some home
an additional dwelling unit, subject to Section
businesses that are appropriate for
3.11 B.
multi -unit residential buildings.
Parking Space Requirement Table within
Section 3.16
Residential (v) a) Apartment -in-house or
Residential (v) a) additional dwelling unit or
Updated only to reflect "additional
Garden Suite: 1 parking space
garden suite: 1 parking space for each
dwelling unit" term.
additional dwelling unit or garden suite.
Residential (v) b) Apartment -in-house in
Residential (v) b) additional dwelling unit in
Updated only to reflect "additional
existence prior to November 16, 1995: nil
existence prior to November 16, 1995: nil
dwelling unit" term.
Exception Zones Permitting and/or
Regulating Apartments -in -Houses
6.4.85 Agricultural Exception (A-85) Zone
Deleted
This Agricultural Exception Zone is no
Notwithstanding Sections 6.1 and 3.2 a.,
longer needed as the proposed
those lands zoned "A-85" on the schedules
regulations are more permissive.
to this By-law, may in addition to other uses
permitted in the Agricultural (A) Zone, be
used for an apartment -in-house and shall be
subject to the following zone regulations:
a. Regulations for Apartment -in-house
i) Floor Area (minimum): 40 square metres
ii) Number of bedrooms (maximum): 1
iii) Number of parking spaces (minimum): 1
6.4.93 Agricultural Exception (A-93) Zone
Deleted
This Agricultural Exception Zone is no
Notwithstanding Sections 6.1 and 3.2a those
longer needed as the proposed
lands zoned "A-93" on the Schedule to this
regulations are more permissive.
By-law, may in addition to other uses
permitted in the Agricultural (A) Zone, be
used for an apartment -in-house and shall be
subject to the following zone regulations:
a. Regulations for Apartment -in-house
Page 63
Current Zoning Regulations
Proposed changes to ZBL 84-63
Explanatory comment
i) Floor Area (minimum) 40 square metres
12.2.1 f. iv) Entrances for an apartment -in-
Deleted
Regulations found in proposed
house can be found in the front building
Section 3.2 f about front doors apply
fagade through a common entrance with the
to all ADUs and so not needed for the
principal dwelling. Where a separate
Neighbourhood Character Overlay
entrance is provided it must be in the side or
Zone.
rear yard.
13.4.87 n. entrances for an apartment -in-
Deleted
Regulations found in proposed
house must be located in the side or rear
Section 3.2 f about front doors apply
yard unless it is through a common entrance
to all ADUs and so not needed for this
of a front fagade.
site -specific exception zone.
16.5.37 a. ii) One single detached residential
16.5.37 a. ii) One single detached residential
Updated only to reflect "additional
dwelling provided that no apartment -in-house
dwelling provided that no additional dwelling
dwelling unit" term.
is contained therein.
unit is contained therein.
Page 64
Comprehensive ZBL 2005-109 (applies to lands within the Oak Ridges Moraine)
Current Zoning Regulations
Proposed changes to ZBL 2005-109
Explanatory comment
Table of Contents
5.7 In -House Apartment Dwellings
5.7 Additional Dwelling Units
Updated to reflect "additional dwelling
unit" term.
Definitions
In -House Apartment Dwelling
Additional Dwelling Unit
Updated to reflect "additional dwelling
An apartment dwelling located within a
A self-contained dwelling unit within a
unit" term, be in conformity with recent
permitted single detached dwelling or semi-
permitted single detached dwelling.
provincial policies.
detached dwellinq created through converting
part of or adding onto the principal dwelling.
As per section 2.7.1 of Zoning Bylaw
2005-109, this definition will be under
the parent term `dwelling' and be
expressed in this Zoning Bylaw as
additional dwellinq unit.
Garden Suite
Garden Suite
Revised definition to conform to
A one unit residential structure containing
A temporary dwelling unit designed to be
definition of "garden suites" in section
washroom and kitchen facilities that is
portable and accessory to a single detached
39.1 of the Planning Act.
designed to be portable and that is accessory
dwelling on the same lot.
to a single detached dwellin constructed on
Note that Garden Suites are not
the same lot.
permitted in the Oak Ridges Moraine.
Home occupation permission
5.6.5 In the case of an apartment dwelling or
5.6.5 In the case of an additional dwelling
Updated to provide occupants of
a townhouse dwelling, a home occupation
unit, an apartment dwelling or a townhouse
additional dwelling units the same
shall be restricted to a business or
dwelling, a home occupation shall be
opportunities as those within
administrative office which does not require
restricted to a business or administrative
apartment and townhouse dwellings.
the delivery or pick-up of goods, does not
office which does not require the delivery or
have clients coming to the dwelling, and does
pick-up of goods, does not have clients
not have employees who reside on a different
coming to the dwelling, and does not have
lot.
employees who reside on a different lot.
Page 65
Regulations
5.7 In -House Apartment Dwellings
5.7 Additional Dwelling Units
5.7.1 An in-house apartment dwelling shall
5.7.1 One additional dwelling unit is
Implements Provincial policy that limits
only be permitted in a single detached
permitted on a lot in a single detached
ADUs in the Oak Ridges Moraine to
dwelling or a semi-detached dwelling located
dwellinq within the "Rural Settlement One
Countryside and Rural Settlement
in an Urban Residential Zone, provided that
(RS1)" and "Prime Agricultural (A)" zones,
Areas, but outside Natural Heritage
sanitary sewer and water services to the in-
subject to the provisions of this By-law, the
System, and only within single
house apartment dwellin are provided by a
Ontario Building Code, Ontario Fire Code
detached dwellings.
public authority.
and any other relevant regulations.
5.7.2 An in-house apartment dwelling which
5.7.2 The floor area of the additional
O. Reg 384/94 states that planning
existed prior to November 16, 1995 and
dwelling unit shall not exceed the floor area
documents cannot regulate the relative
which is located within a townhouse dwelling
of the principal dwelling unit.
size of two units within a principal
shall be deemed to be a permitted use,
building. This proposed zoning
provided that sanitary sewer and water
regulation is only to clarify that the
services to the in-house apartment dwellin
smaller of the two residential units is
are provided by a public authority.
the ADU and the larger is the principal
dwelling unit.
5.7.3 An in-house apartment dwelling shall
5.7.3 Additional dwelling units must be
Registering ADUs helps ensure
have minimum floor area of 40 square
registered with the Municipality.
conformity to regulations.
metres.
5.7.4 One parking space shall be provided for
5.7.4 One parking space shall be provided
Updated only to reflect "additional
each in-house apartment dwellin . A parking
for each additional dwelling unit. A parking
dwelling unit" term.
space is not required for an in-house
space is not required for an additional
apartment dwellinq established prior to
dwellin unit established prior to November
November 16, 1995.
16, 1995.
6.2.2 (Table 6-2)
6.2.2 (Table 6-2)
Updated only to reflect "additional
In -House Apartment: Section 5.7
Accessory Dwelling Unit: Section 5.7
dwelling unit" term.
Page 66
Clar•
ngton
Attachment 2 to Report PDS-041-21
DRAFT
Amendment Number
To The Municipality of Clarington Official Plan
Purpose: The purpose of this amendment is to implement the changes to
policies 16 (3) regarding Additional Residential Units in the
Planning Act resulting from Bill 108 — the More Homes, More
Choice Act, 2019, and ensure the Clarington Official Plan remains
in conformity with Provincial goals.
Basis: This amendment is based on Section 16 (3) regarding Additional
Residential Units and Section 39.1 regarding Garden Suites in the
Planning Act, and the standards outlined in Ontario Regulation
299/19 (Additional Residential Units), Ontario Regulation 384/94
(Apartments in Houses), Ontario Regulation 140/02 (Oak Ridges
Moraine Conservation Plan), the Greenbelt Plan, and other
Provincial policies and regulations.
Actual
Amendment: The Clarington Official Plan is hereby amended as follows:
(*Note: Bold text represents an addition and text with a
strike+hrou h represents deleted text.)
The subheading `Accessory Apartments' and policies 6.3.5
and 6.3.6 are deleted in their entirety and replaced with the
following:
"Additional Dwelling Units
6.3.5 One additional dwelling unit is permitted on a lot
within a single detached, semi-detached, or townhouse
dwelling. One additional dwelling unit is permitted
within a detached accessory building on the same lot.
6.3.6 Notwithstanding 6.3.5, within the Oak Ridges
Moraine, as shown on Map H of this Plan:
a) Within the Natural Core and Natural Linkage Areas,
additional dwelling units are not permitted; and
b) Within the Countryside and Settlement Areas, a
maximum of one additional dwelling unit is
permitted on a lot and only within a single detached
dwelling."
Page 67
Clarington
Attachment 2 to Report PDS-041-21
2. Existing policy 6.3 is amended by adding new policies 6.3.7
to 6.3.12 as follows and all subsequent existing policies are
renumbered accordingly:
"6.3.7 Notwithstanding 6.3.5, within the Natural Heritage
System as identified on Map D this Official Plan,
additional dwelling units are not permitted.
6.3.8 Notwithstanding 6.3.5, within the Protected
Countryside of the Greenbelt Plan, but outside of the
Natural Heritage System as identified on Map D of this
Official Plan, additional dwelling units are only permitted
within single detached dwellings or accessory buildings
that existed on (or building permits were issued prior to)
July 1, 2017.
6.3.9 Notwithstanding 6.3.5, additional dwelling units are
not permitted within Hazard Lands as identified on Map
F of this Official Plan.
6.3.10 Additional dwelling units shall:
a) comply with the provisions of the Zoning By-law,
Ontario Building Code, Ontario Fire Code and any
other relevant regulations;
b) be registered with the Municipality; and
c) be compatible with adjacent uses.
6.3.11 Where an additional dwelling unit is within an
accessory building, the accessory building must be
secondary in size and scale to the principal residential
building.
6.3.12 An accessory building containing an additional
dwelling unit may not be severed from the lot
accommodating the principal residential building."
3. The cross reference in renumbered policy 6.3.12 is
renumbered to reference 6.3.13.
4. Renumbered policy 6.3.13 is amended as follows:
"6.3.13 6.9 In applying for a temporary use by-law for a
garden suite, the applicant shall demonstrate that:
a) There is a Reed for the garden suite to provide
or disabled persOR;
'�
Clarington
Attachment 2 to Report PDS-041-21
4) a) The site is adequate for the garden suite with regard
to lot size, setbacks, layout and private amenity areas;
c-) b) The proposal is compatible with adjacent uses
considering such matters as privacy, noise and
appearance;
d) There adequate on site parkOgL,
e) There adequate water supply aaTnra� �ncavage disppo.
sep—o � 4
0
c) The garden suite complies with the provisions of
the Zoning By-law, Ontario Building Code, Ontario
Fire Code and any other relevant regulations; and
f) d) There is no aGGessery ten„ menf other accessory
building on the lot containing an additional dwelling
unit."
5. The remaining policies in section 6.3 are renumbered
accordingly.
6. Policy 12.3.8 is deleted in its entirety.
7. Policy 23.19.1 i. is deleted in its entirety.
8. Section 24.2 Definitions, policy 24.2.1 is amended by
deleting the term "Accessory Apartment" and its definition.
9. Section 24.2 Definitions, policy 24.2.1 is amended as
follows:
"Additional Dwelling Unit: a self-contained dwelling unit
located within a permitted residential dwelling or a
permitted accessory building and secondary to the
principal dwelling on the same lot."
10. Section 24.2 Definitions, policy 24.2.1 is amended as
follows:
"Garden Suite: a self-contained, ortable temporary
dwelling unit loGated in a side or roar yard of an exiSt;nn
residential nr^norty designed to be portable and is
secondary to the principal dwelling unit on the same
lot."
Implementation: The provisions set forth in the Municipality of Clarington Official
Plan, regarding the implementation of the Plan, shall apply in
regard to this Amendment.
Interpretation: The provisions set forth in the Municipality of Clarington Official
Page 69
Clarington
Attachment 2 to Report PDS-041-21
Plan, regarding the interpretation of the Plan, shall apply in regard
to this Amendment.
File number: COPA2021-0003
Page 70
Clar•
ngton
Attachment 3 to Report PDS-041-21
DRAFT
Corporation of the Municipality of Clarington
By-law Number 20 -
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Corporation of the Municipality of Clarington, and By-law 2005-109, the
Comprehensive Zoning By-law for the Corporation of the Municipality of
Clarington for lands within the Oak Ridges Moraine.
Whereas the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63 and By-law 2005-105 as amended, of the Corporation
of the Municipality of Clarington for ZBA2021-0011 to implement changes to Section 16
(3) (Additional Residential Units) and Section 39.1 (Garden Suites) in the Planning Act,
and the standards outlined in Ontario Regulation 299/19 (Additional Residential Units),
Ontario Regulation 384/94 (Apartments in Houses), Ontario Regulation 140/02 (Oak
Ridges Moraine Conservation Plan), the Greenbelt Plan, and other Provincial policies
and regulations;
Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of
Clarington enacts as follows (*note: Bold text represents an addition to the text and text
with a strikethrou h represents deleted text):
By-law 84-63 is amended as follows:
1. Section 2 — Definitions is amended by deleting the term "Apartment -In -House"
and its definition.
2. Section 2 — Definitions is amended as follows:
"Additional Dwelling Unit
Page 71
Draft Zoning By-law Amendment
PAGE 2
A self-contained dwelling unit located within a permitted residential
dwelling or an accessory building secondary to the principal residential
building on the same lot."
3. Section 2 — Definitions is amended as follows:
"Garden Suite
A Garden Suite is a -self-contained temporary dwelling unit designed to be
portable and is clearly secondary to the principal residential dwelling unit
on the same lot. provide the Faro of an elderly, Sink and disabled norcnn
detached dwelling."
4. The subheading "Apartment -in -House" and sections 3.2 a. and 3.2 b. be
deleted in their entirety and replaced with the following:
"Additional Dwelling Units
3.2 a. Additional dwelling units are permitted within any legally permitted
single detached, semi-detached or townhouse dwelling and within
an accessory building on the same lot, for a maximum total of three
dwelling units on a lot.
3.2 b. Notwithstanding 3.2 a., within the Natural Heritage System or
Hazard Lands as identified in the Clarington Official Plan, additional
dwelling units are not permitted."
5. Existing section 3.2 is amended by adding new sections 3.2 c. to 3.2 i as
follows:
"3.2 c. Notwithstanding 3.2 a., for lands within the Protected Countryside
within the Greenbelt, but outside of the Natural Heritage System as
identified in the Clarington Official Plan, additional dwelling units
are only permitted within single detached dwellings or accessory
buildings that existed on (or building permits were issued prior to)
July 1, 2017.
3.2 d. Where an additional dwelling unit is located within a principal
residential building, the floor area of the additional dwelling unit
shall not exceed the floor area of the principal dwelling unit.
3.2 e. Within Urban Residential Zones, entrances for an additional
dwelling unit within the principal residential building may be
through a common door in the front building facade. Additional,
separate entrances for either the additional dwelling unit or the
principal dwelling must be accessed via the rear or side yard.
Page 72
Draft Zoning By-law Amendment
PAGE 3
3.2 f. Where an additional dwelling unit is located within an accessory
building:
i) The floor area of the additional dwelling unit must be no more
than the floor area of the principal residential building.
ii) Notwithstanding Section 3.1 c., the accessory building must:
a) Conform to the zone's front yard and exterior side yard
setback requirements for residential uses;
b) Have a minimum rear yard and interior side yard setback of
1.8 metres;
c) Have a maximum lot coverage of 10%, or 120 square metres,
or the zone's lot coverage maximum, whichever is less; and
d) Have a maximum height of 6 metres within Agricultural and
Rural Residential Zones, and 5.25 metres within Urban
Residential Zones.
3.2 g. All dwelling units are subject to the provisions of this By-law, the
Ontario Building Code, Ontario Fire Code and any other relevant
regulations.
3.2 h. Additional dwelling units must be registered with the Municipality.
3.2 i. A home occupation is permitted within an additional dwelling unit,
subject to Section 3.11 B."
6. The Parking Space Requirement Table within Section 3.16 is amended as
follows:
Parking Space Requirement Table
Type or nature of use
Minimum off street parking
requirement
(v)
1 parking space for each additional
a) npartmon+_in_house Additional
dwelling unit or garden suite.
unit or Garden Suite
-dwelling
b) ApartmeRt an_house Additional
Nil
dwelling unit in existence prior to
November 16, 1995
7. Section 6.4.85 is deleted in its entirety.
8. Section 6.4.93 is deleted in its entirety.
9. Section 12.2.1 f. iv) is deleted.
10. Section 13.4.87 n. is deleted.
11. Section 16.5.37 a. ii) is amended as follows:
Page 73
Draft Zoning By-law Amendment
PAGE 4
One single detached residential dwelling provided that no apar+Y,- eRt ;R heyso
additional dwelling unit is contained therein.
By-law 2005-109 is amended as follows:
The Table of Contents is amended by deleting the term "In -House Apartment
Dwellings" and replacing it with "Additional Dwelling Units".
2. Section 3 — Definitions is amended by deleting the term "In -House Apartment
Dwelling" and its definition.
3. Section 3 — Definitions is amended as follows:
"Additional Dwelling Unit
A self-contained dwelling unit within a permitted single detached
dwellin_q."
4. Section 3 — Definitions is amended as follows:
"Garden Suite
A
is. temporary dwelling unit designed to be portable and that accessory to a
single detached dwelling GORstructed on the same lot."
5. Section 5.6.5 is amended as follows:
"5.6.5 In the case of an additional dwelling unit, apartment dwelling or a
townhouse dwellin , a home occupation shall be restricted to a business
or administrative office which does not require the delivery or pick-up of
goods, does not have clients coming to the dwelling, and does not have
employees who reside on a different lot."
6. The subheading `In -House Apartment Dwellings" and sections 5.7.1, 5.7.2 and
5.7.3 be deleted in their entirety and replaced with the following:
"Additional Dwelling Units
5.7.1 One additional dwelling unit is permitted on a lot in a single
detached dwelling within the "Rural Settlement One (RS1)" and
"Prime Agricultural (A)" zones, subject to the provisions of this By-
law, the Ontario Building Code, Ontario Fire Code and any other
relevant regulations.
5.7.2 The floor area of an additional dwelling unit shall not exceed the
floor area of the principal dwelling unit.
Page 74
Draft Zoning By-law Amendment
PAGE 5
5.7.3 Additional dwelling units must be registered with the Municipality."
7. Section 5.7.4 is amended as follows:
"5.7.4 One parking space shall be provided for each in house pa menf
dwel�i additional dwelling unit. A parking space is not required for an
in house pa ment r/additional dwelling unit established prior
to November 16, 1995."
8. Section 6.2.2 is amended as follows:
TABLE 6-2
REGULATIONS — NUMBER OF PARKING SPACES
of Use
Number of Parking Spaces
-Type
Residential
In_House /Inorlment
Additional dwellin unit
Section 5.7
Page 75
•
Clar
ngton
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.
Chiel Vissers has submitted applications for an Official Plan Amendment and Zoning By-law
Amendment to facilitate the severance of a surplus farm dwelling as a result of a non -abutting
farm consolidation at 4382 Green Road in Hampton. The Clarington Official Plan Amendment
would permit a farm parcel less than 40 hectares. The Zoning By-law Amendment would
prohibit future severances and residential development on the larger retained parcel. An
easement is required for access to the larger retained parcel. An Amendment to the Regional
Official Plan is also required to permit the severance within the Region's Major Open Space Area
(ROPA2021-007). The applications are deemed complete.
4382 Green Road, Hampton. The property is located southwest of Taunton Road and Green Road.
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 Sean Jeffrey at 905-623-3379, extension 2420, or by
email at sieffrev(a)clarington.net.
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: September 13, 2021
Time: 9:30 am
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(a-clarington.net by Friday, September 10,
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
sieffrey(a-)-clarington.net or by mail or drop box to 40 Temperance Street, Bowmanville, ON L1 C
3A6 prior to the date of the public meeting
File Number: COPA2021-0004 & ZBA2021-0012. Cross Reference: ROPA2021-007
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 Ontario Land 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:iiclaringtonnet.sharepoint.comisites/DevReview/COPA,COPA2021-0004 - 4382 Green Road, Hampton (x-reference ZBA2021-0012)/OPA20210004 - ZBA20210012 Public Meeting Notice 4382
Green Roadv2.docx
Page 77
Applications By: Chiel Vissers
Applications by Chiel Vissers to amend the Clarington Official Plan and
Zoning By-law 84-63 to permit the severance of a surplus farm dwelling at
4382 Green Road, Hampton.
Public Meeting: Monday, September 13, 2021
age 78
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Map of Farm Inventory
Page 81
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Clarington
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: Joint Committees
Date of Meeting: September 13, 2021 Report Number: PDS-042-21
Submitted By: Ryan Windle, Director of Planning and Development Services
File Number: COPA2021-0004 & ZBA2021-0012 Resolution#:
Report Subject: Official Plan and Zoning By-law Amendment applications to facilitate
the severance of a farm dwelling rendered surplus as a result of the
consolidation of non -abutting farm parcels
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-042-21 and any related communication items, 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 OPA2021-0004 and ZBA2021-0012; and
4. That all interested parties listed in Report PDS-042-21 and any delegations be
advised of Council's decision.
Municipality of Clarington
Report PDS-042-21
Report Overview
Page 2
Chiel Vissers has submitted applications for an Official Plan Amendment and Zoning By-law
Amendment to facilitate the severance of a surplus farm dwelling as a result of a non -
abutting farm consolidation at 4382 Green Road in Hampton. The Clarington Official Plan
Amendment would permit a farm parcel less than 40 hectares. The Zoning By-law
Amendment would prohibit future severances and residential development
on the retained parcel. An easement is also required for access to the larger retained parcel.
1. Application Details
1.1 Applicant: Chiel Vissers
1.2 Agent: Clark Consulting Services
1.3 Proposal: General
To facilitate the severance of a surplus farm dwelling at 4382
Green Road in Hampton. The retained farm parcel would
consolidate with non -abutting farmlands owned by Vissers
Sod Farms Ltd.
Xiit=IaFT7_1'iTait'I", - iil
To permit a farm parcel less than 40 hectares and a
residential parcel larger than 0.6 hectares. The retained farm
parcel would be 36.5 hectares and the severed residential
parcel would be 0.608 hectares.
Zoning By-law Amendment
To prohibit future severances and residential development
on the retained farm parcel.
1.4 Area: 37.108 ha
1.5 Location: 4382 Green Road, Hampton (See Figure 1)
1.6 Roll Number: 181701008019900
1.7 Within Built Boundary: No
Page 85
Municipality of Clarington
Report PDS-042-21
Page 3
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Proposed Easement
Proposed Severance
OSubject Property
Figure 1: 4382 Green Road, proposed severed and retained parcels
Page 86
Municipality of Clarington
Report PDS-042-21
2. Background
Page 4
2.1 On January 17, 2020, a Pre -consultation meeting (PC2019-0043) was held for the
proposed severance of a farm dwelling rendered surplus at 4382 Green Road with Chiel
and Tony Vissers, Vissers Sod Farms Ltd..
2.2 On July 5, 2021, Chiel Vissers submitted applications for an Official Plan Amendment
and Zoning By-law Amendment to facilitate the severance of a surplus farm dwelling. An
application for the associated Regional Official Plan Amendment (ROPA2021-007) has
been submitted to the Region of Durham.
2.3 Should these applications be approved, a future Land Division would be required to
sever the surplus farm dwelling. As the severed agricultural parcel fronts onto an
unopened portion of Maple Grove Road, the applicant is also proposing a 5 metre
easement on the residential parcel to access the larger retained parcel. An easement
would be required as part of the Land Division application.
2.4 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 36.5
hectares and the severed residential parcel with an area of 0.608 hectares. The retained
parcel would consolidate with non -abutting farmlands owned by Vissers Sod Farms
(See Figure 2).
2.5 A Zoning By-law Amendment is required to prohibit future severances and residential
development on the retained farm parcel.
2.6 The applicant has submitted the following reports in support of the applications:
• Planning Justification Report prepared by Clark Consulting; and
• Site Screening Questionnaire (SSQ) prepared by GHD
Page 87
Municipality of Clarington
Report PDS-042-21
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Figure 2: Vissers Sod Farms Ltd. Land Holdings
Page 5
Municipality of Clarington Page 6
Report PDS-042-21
3. Land Use Characteristics and Surrounding Uses
3.1 The subject lands are 37.108 hectares in size with an existing detached dwelling on the
northeast side of the property, fronting Green Road. The site is a sod farm and to the
south of the property is a woodlot. There are no other structures on the property. To the
west of the property is an unopened portion of Maple Grove Road. The residential
dwelling and agricultural lands are accessed by Green Road. The unopened portion of
Maple Grove Road is also utilized to access the agricultural lands. The southernmost
portion of the property is regulated by the Consevation Authority, CLOCA.
3.2 The surrounding land uses areas follows:
North Agricultural lands
South Agricultural lands and woodlot
East Rural residential and agricultural lands
West Agricultural lands
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.
4.3 The subject property is within the Natural Heritage System of the Greenbelt Plan. As the
severance is not for any proposed new development, the application is considered to
have minimal impacts on the connectivity and key features of Natural Heritage System
and complies with the relevant policy
Municipality of Clarington
Report PDS-042-21
5. Official Plans
Durham Region Official Plan
Page 7
5.1 The Durham Region Official Plan designates the subject property as "Major Open
Space Areas" within "Key Natural Heritage System Lands". Within this area, 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 (ROPA2021-007).
The Region of Durham's Planning and Economic Development Committee will hold a
Public Meeting at a date yet be determined.
Clarington Official Plan
5.3 The Clarington Official Plan designates the lands to be severed "Rural" and the retained
lands "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 36.5 hectares in size and the surplus farm dwelling
would be 0.608 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 0.608 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, larger farm
parcel.
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 10 land holdings, totalling 397 hectares including the subject lands,
make up the Vissers Sod Farms Ltd. farming operation as shown on Figure 2.
7.2 A Site Screening Questionnaire was submitted by GHD. The Report concludes that the
present land use has a low level of concern from an environmental assessment
Page 90
Municipality of Clarington Page 8
Report PDS-042-21
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
August 20, 2021.
8.2 Public notice signage was installed on the Green Road frontage by August 24, 2021.
9. Agency Comments
9.1 The applications were circulated on August 20, 2021 to the Central Lake Ontario
Conservation Authority, Durham Regional Planning Department, Durham Regional
Works Department and Durham Regional Health Department. At the time of writing this
report, no comments have yet been received.
10. Departmental Comments
10.1 The applications were circulated on August 20, 2021 to the Infrastructure Division of
Public Works, Clarington Planning - Building Division, Clarington Planning —
Development Review, Clarington Planning — Special Projects, Clarington Planning —
Community Planning and the Emergency and Fire Services Department. At the time of
writing this report, no comments have yet been received.
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 retained 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 (ROPA2021-007) 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
Page 91
Municipality of Clarington
Report PDS-042-21
Page 9
smaller than a typical agricultural parcel, as it is 36.5 hectares, however the subject
lands have been successfully farmed as a sod farm. 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 36.5-hectare farm parcel and a
0.608-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 0.608 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 larger
retained farm parcel.
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 Chiel Vissers for the Public Meeting under the Planning Act.
Staff will continue processing the applications including the preparation of a subsequent
report.
Staff Contact: Sean Jeffrey, Planner I, (905) 623-3379 ext. 2420 or sjeffrey@clarington.net
Not Applicable
Interested Parties:
List of Interested Parties available from Department.
Page 92
nwmo
NUCLEAR WASTE
MANAGEMENT
ORGANIZATION
ILI Site Selection
Update
SOCIETE OE GESTION
DES DECHETS
NUCLEAIRES
Nuclear Waste Management
Organization (NWMO): Who We Ai,
Formed i n 2002 as req u i red by Nuclear Fuel Waste
Act
Funded by Canada's nuclear energy corporations
Atomic Energy Canada Limited (AECL)
Ontario Power Generation (OPG)
Hydro Quebec
New Brunswick Power
Operates on snot -for -profit basis
Page 94
Mission Statement
Our mission is to develop and implement
collaboratively with Canadians, a management
approach for the long-term care of Canada's
used nuclear fuel that is socially acceptable,
technically sound, environmentally responsible,
and economically feasible.
Page 95
Used Nuclear Fuel
CANDU fuel bundle
• Solid and extremely
durable material
• Does not readily dissolve
and does not vaporize
• Potential health risk for a
very long time
• Must be safely contained
and isolated from people
and the environment,
essentially indefinitely
• Excellent storage safety
record
Page 96
M A N I T 0 B A
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1. Whiteshell Laboratories, Manitoba
2. Bruce Nuclear Generating Station, Ontario
3. Pickering Nuclear Generating Station, Ontario
4. Darlington Nuclear Generating Station, Ontario
5. Chalk River Laboratories, Ontario
6. Gentilly Nuclear Generating Station, Quebec
7. Point Lepreau Nuclear Generating Station, New kW�Niick
QUEBEC
■ Assessments underway in the area
1. Ignace, Ontario
2. South Bruce, Ontario
Repository Engineering & Facility Design
- q-2 .00--ddlowl.
Rock pile
Ventilation Shaft
Complex Used Fuel
Sealing Material
Compaction Plant Packaging Plant
Service Shaft_ -
Complex -Elf
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Perimeter fence \S -- Complex
nwmo
Multiple Barriers to Contain and Isolate
0 Used Fuel
Pellet
Fuel
Element
Used Fuel
Container
Bnto n Ft
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Geosphere
— (host rock)
nwmo
Technical Evaluation Criteria
Six safety functions
1.Safe containment and isolation of used nuclear fuel
2. Long-term resilience to geological processes and climate
change
3. Isolation of used nuclear fuel from future human activities
4.Amenable to site characterization and data interpretation
activities
5.Safe construction, operation and closure of the repository
6.Safe, secure transportation routes
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Path to Site Selection
01
SITE
SELECTION
WILLING COMMUNITY
Potential for partnership
Informed Community
Community decision
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Confirm Geology
Evaluate project environment effects
Preliminary Safety Statement
TRANSPORTATION
Establish transportation modes and means
Engage communities along route
Potential for socially acceptable route
Page102
Community Well -Being
Project commitment to contribute to
long-term well-being
Communities encouraged to consider
project in context of long-term interests
Community needs to be involved to help
plan in a way that enhances well-being
The extent to which the project
contributes to the communities' vision is
a matter for the communities to discuss
and assess
Page103
Project Timelines
Site
selection
Narrowing
process
Site
characterization
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2023
Select site
2024 2028
Submit Impact
project assessment
description approved
2027
Grand opening
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Expertise
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Design and
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Design and Operations
construction begin
start
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2032
Licence to
construct
granted
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Page 104
Site Selection Update
Page 105 A d )) nwmo
Site Selection
Update
• Ignace: Four boreholes drilled to date. Boreholes 5 & 6
began April 2021; borehole 5 complete.
• South Bruce: Borehole 1 began April 2021. Current
depth 600+m.
• Exploring the potential of partnerships
• Ongoing local and regional engagement to build
awareness of the project and safety
• Engagement with Indigenous communities
• Undertaking socio-economic studies
Page106
Transportation
Page 107 A d )) nwmo
Transportation at the NWMO
Engagement -•
Technical
Indigenous
Relations and
Strategic
Programs
Communications
Page108
Transportation is Safe and Secure
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What about Modes and Routes?
NWMO's Approach to Transportation
STEP 3
(2023 - 2024)
STEP 1 Review and refinement of initial site -specific
{2019 - 2021 } transportation plan and route options
Develop and engage
on the Transportation
Planning Framework
STEP 2
(2021 - 2022)
Build awareness
of initial
transportation plan
STEP 5
(2023 - 2028)
Seek APM
regulatory approvals
STEP 4
(2023 - 2040)
Build awareness and
communicate on plans
as they are refined
STEP 9
(2023 - onwards)
Ongoing review and
public reporting
STEP 7
(2038)
Initiate capacity building
programs for first responders
STEP G
(2023 - 2040)
Regulatory review
(-2040)
Begin transporting
used nuclear fuel
fuel to a deep
geological repository
Page111
National & International
Collaboration
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National & International Collaboration
International
Organizations
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Page113
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Delegation to Clarington Council
September 13, 2021
Amendments to O. Reg 79/15 to Further Streamline the
Use of "Alternative low -Carbon Fuels" (aka Garbage)
Environmental Registry Posting
https://ero.ontario.ca/notice/019-3544
Page115
"Proposal Details" From Posting
https://ero.onta rio.ca/notice/019-3544
More specifically, the proposed amendments would:
1. modernize the process far ECA amendments and provide proponents with the option to rely
on Secondary or tertiary sources to estimate CD2 emission intensity
2. increase the limit of alternative low -carbon fuels in demonstration projects from 100 tonnes
per day to 200 tonnes per day
3. remove out -dated quarterly reporting requirements far S.Q2 and .N.Qx
4. remove dead animals or dead animal parts from the list of restricted lover -carbon fuels to
allow materials such as bone meal and animal fat to be used as a fuel source
Page116
Proposing to Remove Requirement for
Proponent to Test Actual Waste Samples
for CO2 Emission Intensity
1. modernize the process for E A amendments and provide proponents with the option to rely
on secondary or tertiary sources to estimate , �2 emission intensity
Page117
St Marys' Study Found Slightly Higher CO2
Emissions When Burning ALCF compared to
Conventional Fuels in Dec 2018
Table E-1-1: Summary of Kiln Stack Emissions
Contaminant
CAS Number
Kiln Stack Emission Rate (g{s)
Alt Fuel Emissions
Outside the Baseline
Normal Range
(Yes/No)
Statistically Significant
Change in Emissions
between Alt Fuel and
Baseline/Post Baseline?
(Yes/No)
Baseline
(Oct 20181
Alt Fuel
(Dec 2018)
Post Baseline
(Dec 2018)
Particulate
PM
PM
2.02E+00
4.17E+00
4.1ZE+00
Yes
Yes
PM10
PM10
4.61E-01
5.08E-01
3.86E-01
Yes
Yes
PM 2-5
PM2.5
1.84E-01
2.12E-01
1.75E-01
Yes
Yes
Combustion
Gases
NO,
10102-44-0
8.94E+01
8.67E+01
9.73E+01
Yes
Yes
50,
7446-09-5
1.37E+02
1.69E+OZ
1.14E+02
Yes
Yes
(-n
610-OR-0
1 19F+n7
1 r)nF+n7
7.49F+f11
Nn
n1a
cc,
124-38-9
5.96E+04
5.59E+04
5.51E+04
No
n/a
BCX Environmental Consulting, Alternative Fuels Demonstration Project Summary Report (Maur 019),
Table E-1-1 (page 698 of pdf)
http://www.stmaryscement.com/Alternative%20Low%2OCarbon%2OFuels%2ODocuments
/Demonstration % 20Perm it% 20-% 2OAi r% 20-% 20ECA% 204614-826K9W. pdf
Page118
More (not Less)
Direct (not Secondary, Tertiary Sourced)
Monitoring Requirements Necessary to Verify
Claims Practice Reduces Greenhouse Gases
• Regulation 79/15 does not require CO2 monitoring
to verify GHG reduction goals
• St Marys Amended ECA (March 31 2021) does not
require such monitoring, but Lafarge Bath ECA
(December 2021) does
Page119
Removes Public Consultation For
Proponents Increasing Waste Capacity
and Adding New Waste Fuels;
A Serious Concern For Clarington
Under the current framework, once an Environmental Compliance Approval has been issued, if a
proponent would like to add new low carbon fuels (which have not been previously approved) or
increase the maximum daily quantity of previously approved fuels, they are required to complete
the public consultation requirements (e.g: two public meetings) prior to amending their approval.
The proposed changes would remove the upfront consultation requirements to align with the
current Environmental Compliance Approval amendment process for other sectors. The
requirements for public consultation would be maintained through the Environmental Registry of
Ontario for a minimum 30-day public commenting period.
https://ero.onta rio.ca/notice/019-3544
Page120
Proposing to Remove Nox and S02
Reporting (and Monitoring?) Reguirements
Flexibility for NOx and 02 emissions reporting for non -demonstration
projects
Quarterly reports for.N.gx and SQ2 emissions are currently a requirement for non -demonstration
projects under D...Reg. 79115. This monitoring was originally put in place because of the .N.Qx and
S02 emissions trading program (.Q..Reg. 194105: Industry Emissions - Nitrogen Oxides and Sulphur
Dioxide under the Environmental Protection Act}.
The province has since revoked .Reg: 194105(effective Feb S, 2021) to end the outdated program
because in its current form, it was no longer effective in reducing emissions from regulated sectors
(ERQ# 019-1233). Although the ministry is proposing to remove the prescriptive quarterly reporting
requirements for NQx and S,Q2 emissions in . ,..Reg. 79115, the ministry would still have director
authority and discretion to impose conditions in the Environmental Compliance Approval to
require monitoring and reporting on a site -specific basis.
https://ero.ontario.ca/notice/019-3544
Page 121
Other Proposed Amendments
2. increase the limit of alternative lover -carbon fuels in demonstration projects from 100 toi
per day to 200 tonnes per day
4. remove dead animals or dead animal parts from the list of restricted low -carbon fuels to
allow materials such as bone meal and animal fat to be used as a fuel source
Page122
ANOTHER NEW St Marys Posting
https://ero.ontario.ca/index.php/notice/019-4320
St. Marys Cement Inc. (Canada)
Instrument type: Environmental Compliance Approval (air)
ERO number 019-4320
Ministry reference number 2261-05XHS2
Notice type Instrument
Act Environmental Protection Act, R.S.O. 1990
Posted by Ministry of the Environment, Conservation and Parks
Notice stage • • •
Proposal posted September 10, 2021
Comment period September 10, 2021 - October 2S, 2021 (4S days) ❑pen
Last updated September 10, 2021
The amendment includes the installation of an ultimate cell continuous combustion unit.
Page123
Clarington
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: Joint Committees
Date of Meeting: September 13, 2021 Report Number: PDS-043-21
Submitted By: Ryan Windle, Director of Planning and Development Services
Reviewed By: Andrew C. Allison, CAO Resolution#:
File Number: ZBA 2021-0008 By-law Number:
Report Subject: An application by Darryl Kerswell to permit the establishment of
commercial uses, including a general store and eating establishment on
the property known at 4504 Highway 2, Newtonville.
Recommendations:
1. That Report PDS-043-21 and any related communication items, be received;
2. That the application to amend the Zoning By-law submitted by Darryl Kerswell be
approved and the Zoning By-law in Attachment 1 to Report PDS-043-21 be passed;
3. That a By-law lifting the Holding (H) Symbol be forwarded to Council once Site Plan
approval has been granted;
4. That the Durham Regional Planning and Economic Development Department and
Municipal Property Assessment Corporation be forwarded a copy of Report PSD-
043-21 and Council's decision; and
5. That all interested parties listed in Report PDS-043-21 and any delegations be
advised of Council's decision.
Page124
Municipality of Clarington
Report PDS-043-21
Report Overview
Page 2
This report recommends the approval of an application to amend the Zoning By-law to
establish commercial uses including a general store and an eating establishment on the
property located at 4504 Regional Highway 2 in Newtonville. This Zoning By-law amendment
is subject to a Holding provision to meet the conditions of site plan details that will be
addressed through the ongoing Site Plan application.
1. Purpose of the Report
1.1 The purpose of this Staff Report is to recommend to Council the adoption of Zoning By-
law Amendment (ZBA2021-0008) to the Clarington Zoning By-law 84-63. The
recommendation comes following a thorough public planning and consultation process.
1.2 This report includes a summary of the process and comments received since the
Statutory Public Meeting held on June 7. 2021.
2. Application Details
2.1 Owner/applicant: Darryl Kerswell
2.2 Proposal: Zoning By-law 84-63 Amendment
To rezone the lands to permit commercial uses including a general store and an eating
establishment, to a maximum of 60 square metres at the property located at 4504
Regional Highway 2 in Newtonville.
2.3 Area: 0.1 hectares (1000 square metres)
2.4 Location: 4504 Highway 2, Newtonville
2.5 Within Built Boundary: Yes
Page125
Municipality of Clarington
Report PDS-043-21
HILL STREET
3. Background
Page 3
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3.1 In March 2021, Darryl Kerswell began the initial conversations related to the proposal
with Clarington Staff. Below is a sequence of events to date on the development
applications related applications to permit commercial uses including a general store
and an eating establishment within a proposed addition to an existing single detached
dwelling.
• Pre -consultation application received- March 24, 2021
• Pre -consultation meeting held April 15, 2021
• Final pre -consultation minutes sent to applicant: April 28, 2021
• Rezoning and Site Plan applications received: May 5, 2021
• Rezoning Application deemed complete: May 17, 2021
Page126
Municipality of Clarington Page 4
Report PDS-043-21
• Statutory Public Meeting held on June 7, 2021
• Site Plan deemed Complete: June 21, 2021
• Applications circulated for comments: June 21, 2021
• Comments due from circulated agencies: July 9, 2021
• Status Letter sent to applicant: September 2021
3.2 The applicant has submitted a Planning Rationale Report in support of the applications
which is reviewed in Section 9 of this report.
4. Land Characteristics and Surrounding Uses
4.1 The site is located on the north side of Regional Highway 2, just east of Newtonville
Road. There is approximately 19.5 metres of frontage along Regional Highway 2 and
the property is 0.1 hectares in size. The site currently has a single detached dwelling
and a detached garage.
4.2 The surrounding uses are as follows:
North: Single detached residential dwellings
East: Single detached residential dwellings
South: Durham Regional Highway 2 and single detached residential dwellings
West: Existing commercial mixed -use property containing the Newtonville General
Store and cafe.
Figure 2: Street View of the subject Property
Page127
Municipality of Clarington Page 5
Report PDS-043-21
4.3 A corresponding Site Plan Application has been deemed complete and was circulated
with the Rezoning application. The Site Plan review process is ongoing and is assisting
Staff to determine whether the site is appropriate for the proposed use. As seen in
Figure 3, the applicant is proposing an addition to the south side of the existing dwelling
to house a portion of the commercial establishment. To the east and west of the
dwelling, the applicant is proposing the commercial parking. The applicant is proposing
that the two mandatory residential parking spaces, as per the Zoning By-law 84-63 be
situated to the rear of the dwelling, one outdoor and one within the existing detached
garage. The applicant is also proposing a loading space to the be located within the
Regional Highway 2 boulevard, and not within the boundaries of the subject property.
Figure 3: Proposed Site Plan
4.4 Staff have circulated the proposal to all agencies. Generally, the primary agencies
concerns are related to the site plan approval process. There are no concerns related to
whether the proposed land use is appropriate.
Page128
Municipality of Clarington Page 6
Report PDS-043-21
4.5 Staff have reviewed the rezoning proposal in detail and are of the opinion that the
proposed use meets the legislative framework for Hamlets and the proposed use is
appropriate. Where there are still concerns, Staff will continue to work with the applicant
through the Site Plan Approval process to rectify. Until such time Staff are satisfied with
the proposal, the (`H') Holding Symbol will remain on the property, to ensure no adverse
impacts on the neighbouring community.
5. Provincial Policy
Provincial Policy Statement
5.1 The Provincial Policy Statement (PPS) policies direct growth to settlement areas and
promote compact development forms. Planning authorities are to facilitate development
of a variety of housing forms and promote residential intensification to achieve efficient
development patterns. The definition of `intensification' includes the development of
underutilized lots within previously developed areas and infill development among other
uses.
5.2 The site is located within the Settlement Area of Newtonville. The new development
uses existing infrastructure and public services appropriately, having regard for the
site's surroundings. The proposed development promotes compact development forms.
5.3 The proposed development conforms with the Provincial Policy Statement.
Growth Plan for the Greater Golden Horseshoe (Growth Plan)
5.4 The Growth Plan is a long-term planning framework that manages growth, mainly within
the urban areas of the Greater Golden Horseshoe. It provides policies to encourage
complete communities, which includes a diverse mix of land uses, a mix of employment
and housing types, high quality public open spaces, and convenient access to local
stores and services.
5.5 The subject proposal promotes complete communities by diversifying the mix of land
uses and employment while providing convenient access for residents to a local store.
5.6 The objective of the Growth Plan is to protect the natural environment and near -urban
agricultural lands by making efficient use of existing public infrastructure and
encouraging compact development within the already built-up areas of the Municipality.
5.7 The Growth Plan recognizes the subject lands as "rural settlement".
5.8 Policy 2.2.9 states that municipalities are encouraged to plan for a variety of cultural and
economic opportunities within rural settlements to serve the needs of rural residents and
area businesses.
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Municipality of Clarington
Report PDS-043-21
Page 7
5.9 The site is located within the rural settlement of Newtonville. The added commercial use
to the existing residential property makes efficient use of existing public infrastructure
and encourages compact development within the already built-up area. The subject
proposal also provides a cultural and economic opportunity to serve the needs of rural
residents.
5.10 The proposed development conforms with the Growth Plan.
The Greenbelt Plan
5.11 The Greenbelt Plan identifies where urbanization should and should not occur in order
to provide permanent protection to the agricultural land base and the ecological and
hydrological features, areas and functions occurring on this landscape.
5.12 The Greenbelt Plan recognizes the subject lands as "Hamlet". Settlement Areas,
identified as Towns/Villages and Hamlets, are areas identified for development.
5.13 The Greenbelt Plan policies support a strong rural economy by allowing for commercial
uses needed by the current and future population within the Settlement Areas of the
Greenbelt. The proposed development should contribute to the rural economy as it is
adding a commercial use within a settlement area.
5.14 Policy 3.4.1.1 states that limited growth is permitted through infill and intensification of
hamlets subject to appropriate water and sewage services. The subject proposal is for
infill development and must conform to water and sewage services as determined by
the Municipality.
5.15 The proposed development conforms with the Greenbelt Plan.
6. Official Plans
Durham Region Official Plan
6.1 The Durham Region Official Plan designates the subject lands as "Hamlet".
6.2 Policy 913.1.3 states hamlets shall be the predominant location for residential and social,
commercial and employment development serving the needs of the surrounding rural
area. Policies 913.2.3 b and c state that hamlets shall be developed in harmony with
surrounding uses and may include employment uses and commercial uses that meet
the needs of the residents of the hamlet and surrounding rural area. The proposed
commercial use of the subject lands and its location on Highway 2 should contribute to
the social, commercial, and employment development of the Newtonville hamlet,
serving the needs of the residents of the hamlet and the surrounding rural area.
Page130
Municipality of Clarington
Report PDS-043-21
Page 8
6.3 Policy 9B.2.4 b) states that the predominance of residential uses shall serve to guide
the preservation, cultural attributes, and historical heritage of the community. The
proposed development will continue to operate as a residence as its primary use with
an added commercial use.
6.4 Policy 9B.2.6 states that development within hamlets shall be individually serviced with
private sewage disposal systems. The subject proposal is serviced by a private sewage
disposal system and will be expanded as determined necessary.
6.5 The proposed development conforms with the Durham Region Official Plan.
Clarington Official Plan
6.6 The Clarington Official Plan designates the subject lands as "Hamlet".
6.7 Policy 12.4.1 permits, in addition to residential uses, other uses such as general stores
provided the use is compatible with the current surrounding uses and does not detract
from the character of the hamlet. The proposed development does not detract from the
character of the hamlet and is a compatible use with the surrounding areas.
6.8 Policy 12.4.2 a) states that development within a hamlet shall complement and enhance
the historic character of the hamlet. The proposed development should enhance the
historic character of the hamlet by adding to the liveliness of the streetscape.
6.9 Policy 12.4. 2 d) states that development within a hamlet shall consider opportunities
and innovations to provide a more compact settlement form. The proposal is an infill
development as it is within a developed area in Newtonville and will be adding a new
use to an existing property.
6.10 Policy 12.4.5 a) states that all development shall be serviced by municipal water supply.
The proposed development will be serviced by municipal water.
6.11 The proposed development conforms with the Clarington Official Plan.
7. Zoning By-law
7.1 The site is zoned "Residential Hamlet (RH)" which does not permit the proposed use of
a commercial establishment. The Zoning By-law amendment application is seeking to
permit all the permitted uses within the Hamlet Commercial (C3) Zoning, with site
specific regulations to ensure the site is suitable for the proposed uses.
7.2 The proposed Zoning By-law Amendment (Attachment 1) will allow the applicant to
establish the commercial uses to a maximum of 60 square metres of floor area while
also maintaining the residential uses. The proposed zoned will mirror the "CY use
permissions of a general store, similar to the zoning on the neighbouring property to the
west.
Page 131
Municipality of Clarington
Report PDS-043-21
7.3 A site -specific "Holding - Hamlet Commercial Exception ((H) C3-10) Zone" is
recommended for the proposal.
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Figure 4: Proposed Zoning Schedule
8. Public Participation and Submissions
Page 9
8.1 The preparation of this Zoning By-law amendment has been supported through a public
engagement process. All landowners in the area received notice of the statutory public
meeting. Also, the landowners have been informed that this recommendation report is
being presented to Council.
8.2 All public notices, communications and review periods have been designed to ensure
conformity with the requirements of the Planning Act.
8.3 As detailed below, at the time of writing this report, staff had received 131 submissions
regarding this proposal. The comments detailed in Attachment 2.
Planning and Development Committee Public Meeting — June 7, 2021
8.4 On June 7, 2021, a Public Meeting was held to obtain public comments on the rezoning
application.
Page132
Municipality of Clarington
Report PDS-043-21
Page 10
8.5 All landowners within 120 metres of the subject lands were invited to the Public Meeting
before Council on June 7, 2021. The Public Meeting and associated Staff Report (PDS-
033-21) outlined the proposed planning process, application details, and provided an
opportunity to hear all comments from the public related to the proposed development.
8.6 In total, there were 12 delegations heard at the Public Meeting, 10 in opposition and 2 in
support.
Public Submissions in Support
8.7 Generally, the support from the public is relating the following:
• The need for an accessible commercial space within the Hamlet of Newtonville;
• The need for a General Store in Newtonville; and
• The need to support local businesses.
Public Submissions in Objection
8.8 Generally, the concerns from the public are as follows:
• Traffic Concerns;
• Pedestrian Safety Concerns;
• Parking Concerns;
• Reduced Landscaping;
• Accessibility Concerns;
• Adversely Impacting the Historic Fagade of the existing dwelling; and
• An excess amount of commercial space in the same vicinity.
8.9 The concerns listed above are generally related to the site plan approval process. Staff
are working with the applicant directly through the ongoing site plan approval process to
ensure the above -mentioned concerns are satisfied prior to receiving final approval.
9. Studies
The following was submitted in support of the application:
Planning Justification Report, D.G. Biddle and Associates.
9.1 This report provides the planning context of the subject lands and surrounding
neighbourhood. The report identifies that the proposal meets the requirements of the
Planning Act, Provincial Policy Statement, the Greenbelt Plan, conforms to the Growth
Plan for the Greater Golden Horseshoe, the Durham Regional Official Plan and the
Clarington Official Plan.
9.2 The report concludes that, in this location, the proposed scale and intensity of the
development are in conformity with the applicable planning documents and represents
good land use planning.
Page133
Municipality of Clarington
Report PDS-043-21
10. Agency Comments
Durham Region
Page 11
10.1 The Region has no concerns with the proposed rezoning of the subject site, provided
that the applicant submits a parking analysis report to the Region's satisfaction .The
above requirement must be satisfied prior to the passing of the zoning by-law, or
alternatively, be subject to an (`H') Holding Provision. The Holding Provision can be
lifted once the applicant provides satisfactory evidence which addresses the above
noted parking analysis pertaining to the subject site.
Other Agencies
10.2 Enbridge, Bell Canada, Canada Post and Hydro One indicated they had no objections
to the proposed applications.
11. Departmental Comments
11.1 The applications were circulated to internal departments for review and comments.
Comments were received from Public Works Department, Building Division, Fire and
Emergency Services Department and the Accessibility Committee.
Public Works Department
11.2 The Clarington Public Works Department has no objections to the proposed rezoning
application.
Building Division
11.3 The Clarington Building Division has no objection to the proposed rezoning application.
Fire and Emergency Services
11.4 The Clarington Emergency and Fire Services Department have no objections to the
proposed rezoning application.
Accessibility Committee
11.5 The Clarington Accessibility Committee has no objection to the proposed rezoning
application.
Page134
Municipality of Clarington
Report PDS-043-21
Heritage Committee
Page 12
11.6 Staff are awaiting formal comments from the Clarington Heritage Committee. However,
the Municipalities Heritage Planner has been working directly with the Clarington
Heritage Committee to ensure the proposal meets the policies in relation to heritage.
Throughout the site plan approval process the applicant will be required to provide
elevation drawings and information regarding proposed building materials in support of
the subject application to ensure the proposed addition is sympathetic to the heritage
characteristics of the building, and in conformity with Section 8 policies of the Clarington
Official Plan
12. Discussion
12.1 As detailed in Sections 5 and 6 of this report, the subject proposal conforms with all
applicable Provincial and Regional Policy. The PPS, Growth Plan, Greenbelt Plan,
Durham Regional Official Plan and the Clarington Official Plan all include policies that
direct growth to settlement areas and allow commercial uses needed by the current and
future population within the Settlement Areas. The subject application is for a general
store and eating establishment to be located within a proposed addition to the existing
single detached dwelling. While the relocation of this establishment from its previous
location at the north-east corner of Newtonville Road and Regional Highway 2, to the
property directly east has caused some concerns from residents, policy does not limit
commercial activity based on potential competition of neighbouring establishments.
12.2 Figure 3 illustrates the site plan concept for the commercial developments. While the
subject proposal is consistent with Provincial, Regional and Local policy framework, the
concerns that remain are related to the appropriateness of the site to effectively and
safely incorporate the proposed use. The review of the site's appropriateness is being
conducted through the site plan application process.
12.3 The applicant has been notified of comments from agencies and departments that will
need be addressed as part of the site plan process. Staff continue to work with the
applicant through the site plan review process to address detailed urban design and
sustainable design, final site and building design, and landscaping.
Zoning Change
12.4 The proposed zoning by-law would place the subject lands in a site -specific Hamlet
Commercial (C3) Zone. The zoning change will allow for the establishment of
commercial uses, including a retail store, an eating establishment within a maximum of
60 square metres of the building.
12.5 There are several changes to the typical standards being proposed as a part of this
amendment. These changes are considered minor in nature and reflective of the limited
size and reflect the constraints typical for those of a hamlet within the Municipality. The
"C3-10" zone proposes the following:
Page135
Municipality of Clarington
Report PDS-043-21
Table 1: Proposed "C3-10" Regulations
Page 13
"C3" Zone
"C3-10" Zone
Front Yard Setback
3 metres
1.4 metres
Front Yard Setback for
Accessibility Ramp
0.6 metres
0 metres
Interior Side Yard Setback
3 metres
2.9 metres
Drive Aisle
4.5 metres
2.9 metres
Loading Space
1
0
Maximum Commercial
Floor Area
N/A
60 square metres
12.6 The C3-10 zone proposes a reduced front yard setback to 1.4 metres and a reduced
interior side yard setback to 2.9 metres, in keeping with many commercial sites
throughout the Municipality, including the neighbouring property to the west. Further, in
anticipation of the inclusion of an accessibility ramp to the front of the addition, Staff are
amenable to a proposed 0 metre setback requirement for all accessibility ramps to
provide sufficient space for the owner to construct the appropriate accessibility
requirements, as per the Ontario Building Code.
12.7 Further the proposed "C3-10" zone would provide a reduced drive aisle requirement to
2.9 metres, to permit the residents to access the residential parking proposed to the
rear of the existing building. Staff feel the reduced drive aisle width is appropriate for
residential purposes given the standard parking space width in the Zoning By-law is
2.75 metres and the proposed aisle would exceed 2.75 metres in width.
12.8 As described in Table 1, the typical Zoning By-law provisions require one loading space
for the proposed commercial uses. Given the size and nature of the operation, Staff have
no objection to exempting the applicant from this requirement. Strict timelines for deliveries
will be incorporated into the Site Plan Agreement, through the site plan process.
Page136
Municipality of Clarington Page 14
Report PDS-043-21
12.9 Finally, the proposed "C3-10" zone would limit the amount of commercial floor space in
an attempt to reduce any parking concerns as a result of the property having limited space.
By imposing a 60 square metre limitation to the proposed commercial uses, the site would
only require two dedicated parking spaces, as shown on the site plan in Figure 3.
12.10 Staff are of the opinion that it is appropriate to proceed with recommending approval of
the rezoning application, subject to a (`H') Holding Provision, as the proposed commercial
use is consistent with and conforms to provincial and local policy. In Staff's opinion, the
proposed site -specific zone standards are appropriate and represent minor reductions
from current zoning standards and therefore would result in minimal impact on
neighbouring properties. However, it should be noted that the proposed Holding Provision
would only be lifted once the Applicant provides satisfactory evidence which addresses all
concerns listed in this report, including Sections 8.10 and 10.1, as well as enters into the
appropriate development agreement with the Municipality of Clarington to address the final
technical details related to the proposal.
13. Concurrence
Not Applicable.
14. Conclusion
In consideration of all agency, staff and public comments, it is respectfully
recommended that the application to amend Zoning By-law 84-63 to permit the
commercial uses be approved.
It is respectfully recommended that in consideration of all agency, staff and resident
comments that the application for Zoning By-law amendments to permit the
establishment of a general store and eating establishment be approved as contained in
Attachment 1 of this report.
Staff Contact: Amanda Tapp, Principal Planner, 905-623-3379 ext. 2427 or
atapp(a).clarington.net Carlos Salazar, Manager, 905-623-3379 ext. 2409 or
csalazar(a-)_clarington.net.
Attachments:
Attachment 1 — Zoning By-law Amendment
Attachment 2 — Public Comments Summary Table
Interested Parties:
List of Interested Parties available from Department.
Page137
Attachment 1 to
Report PDS-043-21
If this information is required in an alternate format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131
The Corporation of the Municipality of Clarington
By-law Number 2021-
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Corporation of the Municipality of Clarington
Whereas the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of
Clarington for ZBA2021-0008;
Now therefore the Council of the Municipality of Clarington enacts as follows:
1. Notwithstanding Sections 3.1 g. iv), 3.12 c., 3.16 d., 18.3 c. i) and 18.3 c. iii), the
lands zoned C3-10 on the Schedules to this By-law may be used for the
Residential and Non -Residential Uses set out in Section 18.1 in accordance with
the following regulations:
a. Front Yard 1.4 metres
0 metres for any accessibility ramps
b. Interior Side Yard Setback 2.9 metres
C. Loading Spaces
Nil
d. Drive aisle for residential parking 2.9 metres
e. Floor area, Commercial (Maximum) 60 square metres
2. Schedule `16' to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from "Residential Hamlet (RH) Zone" to "Holding
— Hamlet Commercial Exception ((H) C3-10) Zone" as illustrated on the attached
Schedule `A' hereto.
3. Schedule `A' attached hereto shall form a part of this By-law.
Page138
5. This By-law shall come into effect on the date of the passing hereof, subject to the
provisions of Section 34 and 36 of the Planning Act.
By -Law passed in open session this day of
0011841
Adrian Foster, Mayor
June Gallagher, Municipal Clerk
Page139
This is Schedule "A" to By-law 2021- , passed this day of , 2921AD.
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Page140
Attachment 2 to Report PDS-043-21
Public Comments Table
#
Name
Date
Format
Comment Summary
1
Frederick Menezes
Municipality of Clarington,
May 19, 2021
We are concerned about the rezoning application for Darryl Kerswell at 4504 Highway
Email
2, Newtonville, Ontario file number ZBA 2021-0008 for the following reasons:
a) potential highway #2/Newtonville road congestion issues. This is a pedestrian hazard
due to increased traffic with limited space and parking
b) Two convenience stores side by side. The proposed use is unnecessary and is not
contributing to the diversity in the community
c) Lack of parking for rezoned property. The proposed area suggests 2.75 meters and
an average vehicle is anywhere from 4.2 to 4.9 meters in length.
d) This changes the historic look of the area by allowing a new commercial premise to
be constructed. The proposal does not keep with the official plans to develop
Newtonville as a heritage district in the near future.
f) Improper set -backs for extension from the road. The reduced setback will further
congest the boulevard and reduce the landscaping.
g) There are accessibility issues. As per the accessibility standards set by the province,
the path must be 1.5 meters and must be parallel to the handicap space.
Kind regards,
Frederick Menezes
2
Joseph Menezes
Municipality of Clarington,
May 19, 2021
We are concerned about the rezoning application for Darryl Kerswell at 4504 Highway
Email
2, Newtonville, Ontario file number ZBA 2021-0008 for the following reasons:
a) potential highway #2/Newtonville road congestion issues. This is a pedestrian hazard
due to increased traffic with limited space and parking
b) Two convenience stores side by side. The proposed use is unnecessary and is not
contributing to the diversity in the community
c) Lack of parking for rezoned property. The proposed area suggests 2.75 meters and
an average vehicle is anywhere from 4.2 to 4.9 meters in length.
d) This changes the historic look of the area by allowing a new commercial premise to
be constructed. The proposal does not keep with the official plans to develop
Newtonville as a heritage district in the near future.
Page 141
Attachment 2 to Report PDS-043-21
Public Comments Table
#
Name
Comment Summary
Date
Format
f) Improper set -backs for extension from the road. The reduced setback will further
congest the boulevard and reduce the landscaping.
g) There are accessibility issues. As per the accessibility standards set by the province,
the path must be 1.5 meters and must be parallel to the handicap space.
Kind regards,
Joseph Menezes
3
Jus Rolle
Hello, I am the owner of the building located at 4502 highway 2 road and I am
May 18, 2021
concerned about the rezoning application for Darryl Kerswell at 4504 Highway 2,
Email
Newtonville, Ontario file number ZBA 2021-0008 for the following reasons:
1. Traffic issues with potential hazards for pedestrians causing a severe liability.
2. Two convenience stores side by side offering the same services.
3. Lack of parking for rezoned property, using 4502 address for customers and
personal use, which is what Darryle does still till this day for overnight parking for
himself and visitors, making it hard for our residential tenants and guess to come in and
out.
4. Changes to the historic look of that area by allowing a new commercial premise to be
constructed
5. No business need for such development when there is an existing convenience store
in Newtonville
6. Lack of proper set back for extension from the road
4
Preston Joseph
Municipality of Clarington,
May 19, 2021
1 are concerned about the rezoning application for Darryl Kerswell at 4504 Highway 2,
Email
Newtonville, Ontario file number ZBA 2021-0008 for the following reasons (in no
particular order):
a) Potential highway #2/Newtonville road congestion issues. This is a pedestrian
hazard due to increased traffic with limited space and parking
b) Two convenience stores side by side. The proposed use is unnecessary and is not
contributing to the diversity in the community
c) Lack of parking for rezoned property. The proposed area suggests 2.75 meters and
an average vehicle is anywhere from 4.2 to 4.9 meters in length.
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d) This changes the historic look of the area by allowing a new commercial premise to
be constructed. The proposal does not keep with the official plans to develop
Newtonville as a heritage district in the near future.
f) Improper set -backs for extension from the road. The reduced setback will further
congest the boulevard and reduce the landscaping.
g) There are accessibility issues. As per the accessibility standards set by the province,
the path must be 1.5 meters and must be parallel to the handicap space; this space
does not meet said standard.
Kind regards,
Preston Joseph
5
Sara Bachan-Thomas
Municipality of Clarington,
May 19, 2021
We are concerned about the rezoning application for Darryl Kerswell at 4504 Highway
Email
2, Newtonville, Ontario file number ZBA 2021-0008 for the following reasons:
a) potential highway #2/Newtonville road congestion issues. This is a pedestrian hazard
due to increased traffic with limited space and parking
b) Two convenience stores side by side. The proposed use is unnecessary and is not
contributing to the diversity in the community
c) Lack of parking for rezoned property. The proposed area suggests 2.75 meters and
an average vehicle is anywhere from 4.2 to 4.9 meters in length.
d) This changes the historic look of the area by allowing a new commercial premise to
be constructed. The proposal does not keep with the official plans to develop
Newtonville as a heritage district in the near future.
f) Improper set -backs for extension from the road. The reduced setback will further
congest the boulevard and reduce the landscaping.
g) There are accessibility issues. As per the accessibility standards set by the province,
the path must be 1.5 meters and must be parallel to the handicap space.
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Format
Comment Summary
Kind regards,
Sara Bachan-Thomas
6
Serena Rolle
Good Evening,
May 18, 2021
1 am the building owner of 4502 Durham Regional Hwy 2, Newtonville, ON.
Email
I am concerned about the rezoning application for Darryl Kerswell at 4504 Highway 2,
Newtonville,Ontario file number ZBA 2021-0008 for the following reasons:
1) 1 am concerned that due to a lack of parking, our property will be used for parking for
Darryl's store, his employees and personal use. This will take away parking for our
customers, unloading deliveries, staff and upstairs residential tenants.
Furthermore, Daryl illegally parks on our side of the driveway for his personal use, and
his refused to move his vehicle. He has also parked in our driveway overnight, thus
blocking access for me to get to work, which I was living upstairs. Therefore, I believe
he will continue to do so,since past behaviour is the best predictor of future behaviour.
2) 1 intend on putting up a fence and there are concerns of it being damaged due to the
narrow driveway proposed.
3) 1 have concerns with loading on the main road as it is an obstruction in close
proximity to our property which will limit the view of our business as well as create
safety issues for people turning into our property.
4) The proposed use is redundant and not contributing to diversity in the community as
it is identical to my property. It would be more favorable to see a variety of businesses
instead of the same business side by side.
5) 1 have concerns over the close proximity of the proposed development to the
property lines in terms of public access.
6) It alters the historic facade and is not in keeping with the intent of developing a
heritage district as per the official plan.
7) Increased traffic and visitors to the proposed commercial space is disruptive to the
residential neighbour's including for our residential unit as the commercial density will
be increased with very limited parking creating a high traffic and congested area. There
is potential for pedestrian hazard due to increase traffic with limited space and limited
parking.
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Thank you,
Serena Rolle
7
Stella Menezes
Municipality of Clarington,
May 19, 2021
We are concerned about the rezoning application for Darryl Kerswell at 4504 Highway
Email
2, Newtonville, Ontario file number ZBA 2021-0008 for the following reasons:
a) potential highway #2/Newtonville road congestion issues. This is a pedestrian hazard
due to increased traffic with limited space and parking
b) Two convenience stores side by side. The proposed use is unnecessary and is not
contributing to the diversity in the community
c) Lack of parking for rezoned property. The proposed area suggests 2.75 meters and
an average vehicle is anywhere from 4.2 to 4.9 meters in length.
d) This changes the historic look of the area by allowing a new commercial premise to
be constructed. The proposal does not keep with the official plans to develop
Newtonville as a heritage district in the near future.
f) Improper set -backs for extension from the road. The reduced setback will further
congest the boulevard and reduce the landscaping.
g) There are accessibility issues. As per the accessibility standards set by the province,
the path must be 1.5 meters and must be parallel to the handicap space.
Kind regards,
Stella Menezes
8
Todd Barrett
We are concerned about the rezoning application for Darryl Kerswell at 4504 Highway
May 18, 2021
2, Newtonville, Ontario file number ZBA 2021-0008 for the following reasons:
Email
a) Traffic issues
b) Two convenience stores side by side
c) Lack of parking for rezoned property
d) Changes to the historic look of that area by allowing a new commercial premise to be
constructed
e) No business need for such development when there is an existing convenience store
in Newtonville
f) Lack of proper set back for extension from the road
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Comment Summary
9
Samantha Joseph
Municipality of Clarington,
May 19, 2021
1 have concerns about the rezoning application for Darryl Kerswell at 4504 Highway 2,
Email
Newtonville, Ontario. File number is ZBA 2021-0008
My concerns are as follows:
a) Potential Highway 2/Newtonville road congestion issues.
This is a pedestrian hazard due to increased traffic with limited space and parking.
b) Two convenience stores side by side.
The proposed use is unnecessary and is not contributing to the diversity in the
community
c) Lack of parking for rezoned property.
The proposed area suggests 2.75 meters and an average vehicle is anywhere from 4.2
to 4.9 meters in length.
d) This changes the historic look of the area by allowing a new commercial premise to
be constructed.
The proposal does not keep with the official plans to develop Newtonville as a heritage
district in the near future.
f) Improper set -backs for extension from the road.
The reduced setback will contribute to further congestion of the boulevard and reduce
the landscaping.
g) There are accessibility issues.
As per the accessibility standards set by the province, the path must be 1.5 meters and
must be parallel to the handicap space.
Kind regards,
Samantha Joseph
10
Dora Lassalle
Municipality of Clarington,
May 19, 2021
We are concerned about the rezoning application for Darryl Kerswell at 4504 Highway
Email
2, Newtonville, Ontario file number ZBA 2021-0008 for the following reasons:
a) potential highway #2/Newtonville road congestion issues. This is a pedestrian hazard
due to increased traffic with limited space and parking
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Comment Summary
b) Two convenience stores side by side. The proposed use is unnecessary and is not
contributing to the diversity in the community
c) Lack of parking for rezoned property. The proposed area suggests 2.75 meters and
an average vehicle is anywhere from 4.2 to 4.9 meters in length.
d) This changes the historic look of the area by allowing a new commercial premise to
be constructed. The proposal does not keep with the official plans to develop
Newtonville as a heritage district in the near future.
f) Improper set -backs for extension from the road. The reduced setback will further
congest the boulevard and reduce the landscaping.
g) There are accessibility issues. As per the accessibility standards set by the province,
the path must be 1.5 meters and must be parallel to the handicap space.
Kind regards,
Dora Lassalle
11
Rizmina Samarasekera
Municipality of Clarington,
May 19, 2021
1 am concerned about the rezoning application for Darryl Kerswell at 4504 Highway 2,
Email
Newtonville, Ontario file number ZBA 2021-0008 for the following reasons (in no
particular order):
a) Potential highway #2/Newtonville road congestion issues. This is a pedestrian
hazard due to increased traffic with limited space and parking
b) Two convenience stores side by side. The proposed use is unnecessary and is not
contributing to the diversity in the community
c) Lack of parking for rezoned property. The proposed area suggests 2.75 meters and
an average vehicle is anywhere from 4.2 to 4.9 meters in length.
d) This changes the historic look of the area by allowing a new commercial premise to
be constructed. The proposal does not keep with the official plans to develop
Newtonville as a heritage district in the near future.
f) Improper set -backs for extension from the road. The reduced setback will further
congest the boulevard and reduce the landscaping.
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Name
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Date
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g) There are accessibility issues. As per the accessibility standards set by the province,
the path must be 1.5 meters and must be parallel to the handicap space; this space
does not meet said standard.
Kind regards,
Rizmina Samarasekera
12
Jennifer Alvarado
Municipality of Clarington,
May 19, 2021
We are concerned about the rezoning application for Darryl Kerswell at 4504 Highway
Email
2, Newtonville, Ontario file number ZBA 2021-0008 for the following reasons:
a) potential highway #2/Newtonville road congestion issues. This is a pedestrian hazard
due to increased traffic with limited space and parking
b) Two convenience stores side by side. The proposed use is unnecessary and is not
contributing to the diversity in the community
c) Lack of parking for rezoned property. The proposed area suggests 2.75 meters and
an average vehicle is anywhere from 4.2 to 4.9 meters in length.
d) This changes the historic look of the area by allowing a new commercial premise to
be constructed. The proposal does not keep with the official plans to develop
Newtonville as a heritage district in the near future.
f) Improper set -backs for extension from the road. The reduced setback will further
congest the boulevard and reduce the landscaping.
g) There are accessibility issues. As per the accessibility standards set by the province,
the path must be 1.5 meters and must be parallel to the handicap space.
Kind regards,
Jennifer Alvarado
13
Amanda Cilla
Municipality of Clarington,
May 19, 2021
1 are concerned about the rezoning application for Darryl Kerswell at 4504 Highway 2,
Email
Newtonville, Ontario file number ZBA 2021-0008 for the following reasons (in no
particular order):
a) Potential highway #2/Newtonville road congestion issues. This is a pedestrian
hazard due to increased traffic with limited space and parking
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Date
Format
Comment Summary
b) Two convenience stores side by side. The proposed use is unnecessary and is not
contributing to the diversity in the community
c) Lack of parking for rezoned property. The proposed area suggests 2.75 meters and
an average vehicle is anywhere from 4.2 to 4.9 meters in length.
d) This changes the historic look of the area by allowing a new commercial premise to
be constructed. The proposal does not keep with the official plans to develop
Newtonville as a heritage district in the near future.
f) Improper set -backs for extension from the road. The reduced setback will further
congest the boulevard and reduce the landscaping.
g) There are accessibility issues. As per the accessibility standards set by the province,
the path must be 1.5 meters and must be parallel to the handicap space; this space
does not meet said standard.
Kind regards,
Amanda Cilla
14
John Lewis
Municipality of Clarington,
May 19, 2021
We are concerned about the rezoning application for Darryl Kerswell at 4504 Highway
Email
2, Newtonville, Ontario file number
ZBA 2021-0008 for the following reasons:
a) potential highway #2/Newtonville road congestion issues. This is a pedestrian hazard
due to increased traffic with limited space and parking
b) Two convenience stores side by side. The proposed use is unnecessary and is not
contributing to the diversity in the community
c) Lack of parking for rezoned property. The proposed area suggests 2.75 meters and
an average vehicle is anywhere from 4.2 to 4.9 meters in length.
d) This changes the historic look of the area by allowing a new commercial premise to
be constructed. The proposal does not keep with the official plans to develop
Newtonville as a heritage district in the near future.
f) Improper set -backs for extension from the road. The reduced setback will further
congest the boulevard and reduce the landscaping.
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g) There are accessibility issues. As per the accessibility standards set by the province,
the path must be 1.5 meters and must be parallel to the handicap space.
Kind regards,
John Lewis
15
Cassandra Sheppard
Municipality of Clarington,
May 19, 2021
We are concerned about the rezoning application for Darryl Kerswell at 4504 Highway
Email
2, Newtonville, Ontario file number ZBA 2021-0008 for the following reasons:
a) potential highway #2/Newtonville road congestion issues. This is a pedestrian hazard
due to increased traffic with limited space and parking
b) Two convenience stores side by side. The proposed use is unnecessary and is not
contributing to the diversity in the community
c) Lack of parking for rezoned property. The proposed area suggests 2.75 meters and
an average vehicle is anywhere from 4.2 to 4.9 meters in length.
d) This changes the historic look of the area by allowing a new commercial premise to
be constructed. The proposal does not keep with the official plans to develop
Newtonville as a heritage district in the near future.
f) Improper set -backs for extension from the road. The reduced setback will further
congest the boulevard and reduce the landscaping.
g) There are accessibility issues. As per the accessibility standards set by the province,
the path must be 1.5 meters and must be parallel to the handicap space.
Kind regards,
Cassandra Sheppard
16
Sandra Davis -Cyril
Municipality of Clarington,
May 19, 2021
We are concerned about the rezoning application for Darryl Kerswell at 4504 Highway
Email
2, Newtonville, Ontario file number ZBA 2021-0008 for the following reasons:
a) potential highway #2/Newtonville road congestion issues. This is a pedestrian hazard
due to increased traffic with limited space and parking
b) Two convenience stores side by side. The proposed use is unnecessary and is not
contributing to the diversity in the community
c) Lack of parking for rezoned property. The proposed area suggests 2.75 meters and
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Name
Comment Summary
Date
Format
an average vehicle is anywhere from 4.2 to 4.9 meters.
d) This changes the historic look of the area by allowing a new commercial premise to
be constructed. The proposal does not keep with the official plans to develop
Newtonville as a heritage district in the near future.
f) Improper set -backs for extension from the road. The reduced setback will further
congest the boulevard and reduce the landscaping.
g) There are accessibility issues. As per the accessibility standards set by the province,
the path must be 1.5 meters and must be parallel to the handicap space.
Kind regards,
Sandra Davis -Cyril
17
Melissa Menezes
Municipality of Clarington,
May 20, 2021
We are concerned about the rezoning application for Darryl Kerswell at 4504 Highway
Email
2, Newtonville, Ontario file number ZBA 2021-0008 for the following reasons:
a) potential highway #2/Newtonville road congestion issues. This is a pedestrian hazard
due to increased traffic with limited space and parking
b) Two convenience stores side by side. The proposed use is unnecessary and is not
contributing to the diversity in the community
c) Lack of parking for rezoned property. The proposed area suggests 2.75 meters and
an average vehicle is anywhere from 4.2 to 4.9 meters in length.
d) This changes the historic look of the area by allowing a new commercial premise to
be constructed. The proposal does not keep with the official plans to develop
Newtonville as a heritage district in the near future.
f) Improper set -backs for extension from the road. The reduced setback will further
congest the boulevard and reduce the landscaping.
g) There are accessibility issues. As per the accessibility standards set by the province,
the path must be 1.5 meters and must be parallel to the handicap space.
Kind regards,
Melissa Menezes
18
Franceska Medina
Municipality of Clarington,
May 20, 2021
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Name
Date
Format
Comment Summary
Email
We are concerned about the rezoning application for Darryl Kerswell at 4504 Highway
2, Newtonville, Ontario file number ZBA 2021-0008 for the following reasons:
a) potential highway #2/Newtonville road congestion issues. This is a pedestrian hazard
due to increased traffic with limited space and parking
b) Two convenience stores side by side. The proposed use is unnecessary and is not
contributing to the diversity in the community
c) Lack of parking for rezoned property. The proposed area suggests 2.75 meters and
an average vehicle is anywhere from 4.2 to 4.9 meters in length.
d) This changes the historic look of the area by allowing a new commercial premise to
be constructed. The proposal does not keep with the official plans to develop
Newtonville as a heritage district in the near future.
f) Improper set -backs for extension from the road. The reduced setback will further
congest the boulevard and reduce the landscaping.
g) There are accessibility issues. As per the accessibility standards set by the province,
the path must be 1.5 meters and must be parallel to the handicap space.
Kind regards,
Franceska Medina
19
Sabrina Coultis
Municipality of Clarington,
May 19, 2021
We are concerned about the rezoning application for Darryl Kerswell at 4504 Highway
2, Newtonville, Ontario file number ZBA 2021-0008 for the following reasons:
a) potential highway #2/Newtonville road congestion issues. This is a pedestrian hazard
due to increased traffic with limited space and parking
b) Two convenience stores side by side. The proposed use is unnecessary and is not
contributing to the diversity in the community
c) Lack of parking for rezoned property. The proposed area suggests 2.75 meters and
an average vehicle is anywhere from 4.2 to 4.9 meters in length.
d) This changes the historic look of the area by allowing a new commercial premise to
be constructed. The proposal does not keep with the official plans to develop
Newtonville as a heritage district in the near future.
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f) Improper set -backs for extension from the road. The reduced setback will further
congest the boulevard and reduce the landscaping.
g) There are accessibility issues. As per the accessibility standards set by the province,
the path must be 1.5 meters and must be parallel to the handicap space.
Kind regards,
Sabrina Coultis
20
Megan Ratcliffe
Municipality of Clarington,
May 19, 2021
We are concerned about the rezoning application for Darryl Kerswell at 4504 Highway
Email
2, Newtonville, Ontario file number ZBA 2021-0008 for the following reasons:
a) potential highway #2/Newtonville road congestion issues. This is a pedestrian hazard
due to increased traffic with limited space and parking
b) Two convenience stores side by side. The proposed use is unnecessary and is not
contributing to the diversity in the community
c) Lack of parking for rezoned property. The proposed area suggests 2.75 meters and
an average vehicle is anywhere from 4.2 to 4.9 meters in length.
d) This changes the historic look of the area by allowing a new commercial premise to
be constructed. The proposal does not keep with the official plans to develop
Newtonville as a heritage district in the near future.
f) Improper set -backs for extension from the road. The reduced setback will further
congest the boulevard and reduce the landscaping.
g) There are accessibility issues. As per the accessibility standards set by the province,
the path must be 1.5 meters and must be parallel to the handicap space.
Kind regards,
Megan Ratcliffe
21
Rebecca Lovelace
Municipality of Clarington,
May 19, 2021
We are concerned about the rezoning application for Darryl Kerswell at 4504 Highway
Email
2, Newtonville, Ontario file number ZBA 2021-0008 for the following reasons:
a) potential highway #2/Newtonville road congestion issues. This is a pedestrian hazard
due to increased traffic with limited space and parking
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Name
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Date
Format
b) Two convenience stores side by side. The proposed use is unnecessary and is not
contributing to the diversity in the community
c) Lack of parking for rezoned property. The proposed area suggests 2.75 meters and
an average vehicle is anywhere from 4.2 to 4.9 meters in length.
d) This changes the historic look of the area by allowing a new commercial premise to
be constructed. The proposal does not keep with the official plans to develop
Newtonville as a heritage district in the near future.
f) Improper set -backs for extension from the road. The reduced setback will further
congest the boulevard and reduce the landscaping.
g) There are accessibility issues. As per the accessibility standards set by the province,
the path must be 1.5 meters and must be parallel to the handicap space.
Kind regards,
Rebecca Lovelace
22
Mark Lathangue
We are concerned about the rezoning application for Darryl Kerswell at 4504 Highway
May 19, 2021
2, Newtonville, Ontario file number ZBA 2021-0008 for the following reasons:
Email
a) Traffic issues
b) Two convenience stores side by side
c) Lack of parking for rezoned property
d) Changes to the historic look of that area by allowing a new commercial premise to be
constructed
e) No business need for such development when there is an existing convenience store
in Newtonville
f) Lack of proper set back for extension from the road
Thank you
Mark Lathangue
23
Jamie Lunan-King
Municipality of Clarington,
May 20, 2021
We are concerned about the rezoning application for Darryl Kerswell at 4504 Highway 2,
Email
Newtonville, Ontario file number ZBA 2021-0008 for the following reasons:
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Name
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Date
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a) Potential Highway #2/Newtonville Rd. congestion issues. This is a pedestrian hazard due to
increased traffic with limited space and parking
b) Two convenience stores side by side. The proposed use is unnecessary and is not
contributing to the diversity in the community
c) Lack of parking for rezoned property. The proposed area suggests 2.75 meters and an
average vehicle is anywhere from 4.2 to 4.9 meters in length.
d) This changes the historic look of the area by allowing a new commercial premise to be
constructed. The proposal does not keep with the official plans to develop Newtonville as a
heritage district in the near future.
f) Improper set -backs for extension from the road. The reduced setback will further congest the
boulevard and reduce the landscaping.
g) There are accessibility issues. As per the accessibility standards set by the province, the
path must be 1.5 meters and must be parallel to the handicap space.
Best Re ards,
24
Cheryl Boe
Sir/Madam,
May 20, 2021
This is an appeal opposing the plan for 4504 Highway 2 Road. I have concerns on the
Email
dangers of the traffic flow and fear of potential accidents due to it, and especially in
particular issues with the pedestrian's safety. In my family we have young ones and
pray that no drastic accident take place. As a mother and caretaker, and for our peace
of mind, I wish to strongly oppose to the plans for the 4504 Highway 2 road. Thank
you.
Sincerely,
Cheryl Boe
25
Tanya Gonzalez
We are concerned about the rezoning application for Darryl Kerswell at 4504 Highway
May 20, 2021
2, Newtonville, Ontario file number ZBA 2021-0008 for the following reasons:
Email
a) Traffic issues
b) Two convenience stores side by side
c) Lack of parking for rezoned property
d) Changes to the historic look of that area by allowing a new commercial premise to be
constructed
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e) No business need for such development when there is an existing convenience store
in Newtonville
f) Lack of proper set back for extension from the road
26
Domenique Gibson
Municipality of Clarington,
May 20, 2021
We are concerned about the rezoning application for Darryl Kerswell at 4504 Highway
Email
2, Newtonville, Ontario file number ZBA 2021-0008 for the following reasons:
a) potential highway #2/Newtonville road congestion issues. This is a pedestrian hazard
due to increased traffic with limited space and parking
b) Two convenience stores side by side. The proposed use is unnecessary and is not
contributing to the diversity in the community
c) Lack of parking for rezoned property. The proposed area suggests 2.75 meters and
an average vehicle is anywhere from 4.2 to 4.9 meters.
d) This changes the historic look of the area by allowing a new commercial premise to
be constructed. The proposal does not keep with the official plans to develop
Newtonville as a heritage district in the near future.
f) Improper set -backs for extension from the road. The reduced setback will further
congest the boulevard and reduce the landscaping.
g) There are accessibility issues. As per the accessibility standards set by the province,
the path must be 1.5 meters and must be parallel to the handicap space.
Kind regards,
Domenique Gibson
27
Krystal Menezes
Municipality of Clarington,
May 20, 2021
We are concerned about the rezoning application for Darryl Kerswell at 4504 Highway
Email
2, Newtonville, Ontario file number ZBA 2021-0008 for the following reasons: a)
potential highway #2/Newtonville road congestion issues. This is a pedestrian hazard
due to increased traffic with limited space and parking b) Two convenience stores side
by side. The proposed use is unnecessary and is not contributing to the diversity in the
community c) Lack of parking for rezoned property. The proposed area suggests 2.75
meters and an average vehicle is anywhere from 4.2 to 4.9 meters in length. d) This
changes the historic look of the area by allowing a new commercial premise to be
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Format
constructed. The proposal does not keep with the official plans to develop Newtonville
as a heritage district in the near future. f) Improper set -backs for extension from the
road. The reduced setback will further congest the boulevard and reduce the
landscaping.g) There are accessibility issues. As per the accessibility standards set by
the province, the path must be 1.5 meters and must be parallel to the handicap space.
Kind regards,
Krystal Menezes
28
Maira Jacob
Municipality of Clarington,
May 20, 2021
We are concerned about the rezoning application for Darryl Kerswell at 4504 Highway
Email
2, Newtonville, Ontario file number ZBA 2021-0008 for the following reasons:
a) potential highway #2/Newtonville road congestion issues. This is a pedestrian hazard
due to increased traffic with limited space and parking
b) Two convenience stores side by side. The proposed use is unnecessary and is not
contributing to the diversity in the community
c) Lack of parking for rezoned property. The proposed area suggests 2.75 meters and
an average vehicle is anywhere from 4.2 to 4.9 meters in length.
d) This changes the historic look of the area by allowing a new commercial premise to
be constructed. The proposal does not keep with the official plans to develop
Newtonville as a heritage district in the near future.
f) Improper set -backs for extension from the road. The reduced setback will further
congest the boulevard and reduce the landscaping.
g) There are accessibility issues. As per the accessibility standards set by the province,
the path must be 1.5 meters and must be parallel to the handicap space.
Kind regards,
Maira Jacob
29
Ivin Benedit
Municipality of Clarington,
May 20, 2021
We are concerned about the rezoning application for Darryl Kerswell at 4504 Highway
2, Newtonville, Ontario file number ZBA 2021-0008 for the following reasons:
a) potential highway #2/Newtonville road congestion issues. This is a pedestrian hazard
due to increased traffic with limited space and parking
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Date
Format
Comment Summary
b) Two convenience stores side by side. The proposed use is unnecessary and is not
contributing to the diversity in the community
c) Lack of parking for rezoned property. The proposed area suggests 2.75 meters and
an average vehicle is anywhere from 4.2 to 4.9 meters in length.
d) This changes the historic look of the area by allowing a new commercial premise to
be constructed. The proposal does not keep with the official plans to develop
Newtonville as a heritage district in the near future.
f) Improper set -backs for extension from the road. The reduced setback will further
congest the boulevard and reduce the landscaping.
g) There are accessibility issues. As per the accessibility standards set by the province,
the path must be 1.5 meters and must be parallel to the handicap space.
Kind regards,
Ivin Benedit
30
Kathleen Nicoll
Municipality of Clarington,
May 21, 2021
We are concerned about the rezoning application for Darryl Kerswell at 4504 Highway
Email
2, Newtonville, Ontario file number ZBA 2021-0008 for the following reasons:
a) potential highway #2/Newtonville road congestion issues. This is a pedestrian hazard
due to increased traffic with limited space and parking
b) Two convenience stores side by side. The proposed use is unnecessary and is not
contributing to the diversity in the community
c) Lack of parking for rezoned property. The proposed area suggests 2.75 meters and
an average vehicle is anywhere from 4.2 to 4.9 meters in length.
d) This changes the historic look of the area by allowing a new commercial premise to
be constructed. The proposal does not keep with the official plans to develop
Newtonville as a heritage district in the near future.
f) Improper set -backs for extension from the road. The reduced setback will further
congest the boulevard and reduce the landscaping.
g) There are accessibility issues. As per the accessibility standards set by the province,
the path must be 1.5 meters and must be parallel to the handicap space.
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In addition, I understand that Darryl Kerswell is the current tenant at the business
beside the address where this application has been made and that the property where
the current General Store is located changed ownership a couple years ago. At that
time if Mr. Kerswell was truly interested in continuing to operate the business he must
have had opportunity to purchase the property himself. Why is it now, that Mr Kerswell
is suddenly able to find the resources finance his proposal?
I strongly urge the Town of Clarington investigate if not at least consider the motivation
behind this application.
Kind regards,
Kathleen Nicoll
31
Daniel Melendez
Municipality of Clarington,
May 21, 2021
We are concerned about the rezoning application for Darryl Kerswell at 4504 Highway
2, Newtonville, Ontario file number ZBA 2021-0008 for the following reasons:
a) potential highway #2/Newtonville road congestion issues. This is a pedestrian hazard
due to increased traffic with limited space and parking
b) Two convenience stores side by side. The proposed use is unnecessary and is not
contributing to the diversity in the community
c) Lack of parking for rezoned property. The proposed area suggests 2.75 meters and
an average vehicle is anywhere from 4.2 to 4.9 meters in length.
d) This changes the historic look of the area by allowing a new commercial premise to
be constructed. The proposal does not keep with the official plans to develop
Newtonville as a heritage district in the near future.
f) Improper set -backs for extension from the road. The reduced setback will further
congest the boulevard and reduce the landscaping.
g) There are accessibility issues. As per the accessibility standards set by the province,
the path must be 1.5 meters and must be parallel to the handicap space.
Kind regards,
Daniel Melendez
32
Jacqueline Melendez
Municipality of Clarington,
May 21, 2021
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Email
We are concerned about the rezoning application for Darryl Kerswell at 4504 Highway
2, Newtonville, Ontario file number ZBA 2021-0008 for the following reasons:
a) potential highway #2/Newtonville road congestion issues. This is a pedestrian hazard
due to increased traffic with limited space and parking
b) Two convenience stores side by side. The proposed use is unnecessary and is not
contributing to the diversity in the community
c) Lack of parking for rezoned property. The proposed area suggests 2.75 meters and
an average vehicle is anywhere from 4.2 to 4.9 meters in length.
d) This changes the historic look of the area by allowing a new commercial premise to
be constructed. The proposal does not keep with the official plans to develop
Newtonville as a heritage district in the near future.
f) Improper set -backs for extension from the road. The reduced setback will further
congest the boulevard and reduce the landscaping.
g) There are accessibility issues. As per the accessibility standards set by the province,
the path must be 1.5 meters and must be parallel to the handicap space.
Regards,
Jacqueline Melendez
33
Irene Quon
Municipality of Clarington,
May 21, 2021
We are concerned about the rezoning application for Darryl Kerswell at 4504 Highway
Email
2, Newtonville, Ontario file number ZBA 2021-0008 for the following reasons:
a) potential highway #2/Newtonville road congestion issues. This is a pedestrian hazard
due to increased traffic with limited space and parking
b) Two convenience stores side by side. The proposed use is unnecessary and is not
contributing to the diversity in the community
c) Lack of parking for rezoned property. The proposed area suggests 2.75 meters and
an average vehicle is anywhere from 4.2 to 4.9 meters in length.
d) This changes the historic look of the area by allowing a new commercial premise to
be constructed. The proposal does not keep with the official plans to develop
Newtonville as a heritage district in the near future.
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f) Improper set -backs for extension from the road. The reduced setback will further
congest the boulevard and reduce the landscaping.
g) There are accessibility issues. As per the accessibility standards set by the province,
the path must be 1.5 meters and must be parallel to the handicap space.
Kind regards,
Irene Quon
34
Kaiser Thomas
Municipality of Clarington,
May 20, 2021
We are concerned about the rezoning application for Darryl Kerswell at 4504 Highway
Email
2, Newtonville, Ontario file number ZBA 2021-0008 for the following reasons:
a) potential highway #2/Newtonville road congestion issues. This is a pedestrian hazard
due to increased traffic with limited space and parking
b) Two convenience stores side by side. The proposed use is unnecessary and is not
contributing to the diversity in the community
c) Lack of parking for rezoned property. The proposed area suggests 2.75 meters and
an average vehicle is anywhere from 4.2 to 4.9 meters in length.
d) This changes the historic look of the area by allowing a new commercial premise to
be constructed. The proposal does not keep with the official plans to develop
Newtonville as a heritage district in the near future.
f) Improper set -backs for extension from the road. The reduced setback will further
congest the boulevard and reduce the landscaping.
g) There are accessibility issues. As per the accessibility standards set by the province,
the path must be 1.5 meters and must be parallel to the handicap space.
Kind regards,
Kaiser Thomas
35
Robert Gibson
Municipality of Clarington,
May 20, 2021
We are concerned about the rezoning application for Darryl Kerswell at 4504 Highway
Email
2, Newtonville, Ontario file number ZBA 2021-0008 for the following reasons:
Umypal2(a-_)yahoo.com
a) potential highway #2/Newtonville road congestion issues. This is a pedestrian hazard
due to increased traffic with limited space and parking
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b) Two convenience stores side by side. The proposed use is unnecessary and is not
contributing to the diversity in the community
c) Lack of parking for rezoned property. The proposed area suggests 2.75 meters and
an average vehicle is anywhere from 4.2 to 4.9 meters in length.
d) This changes the historic look of the area by allowing a new commercial premise to
be constructed. The proposal does not keep with the official plans to develop
Newtonville as a heritage district in the near future.
f) Improper set -backs for extension from the road. The reduced setback will further
congest the boulevard and reduce the landscaping.
g) There are accessibility issues. As per the accessibility standards set by the province,
the path must be 1.5 meters and must be parallel to the handicap space.
Kind regards,
R. Gibson
36
KB Paulino
Municipality of Clarington,
May 20, 2021
We are concerned about the rezoning application for Darryl Kerswell at 4504 Highway
Email
2, Newtonville, Ontario file number ZBA 2021-0008 for the following reasons:
a) potential highway #2/Newtonville road congestion issues. This is a pedestrian hazard
due to increased traffic with limited space and parking
b) Two convenience stores side by side. The proposed use is unnecessary and is not
contributing to the diversity in the community
c) Lack of parking for rezoned property. The proposed area suggests 2.75 meters and
an average vehicle is anywhere from 4.2 to 4.9 meters in length.
d) This changes the historic look of the area by allowing a new commercial premise to
be constructed. The proposal does not keep with the official plans to develop
Newtonville as a heritage district in the near future.
f) Improper set -backs for extension from the road. The reduced setback will further
congest the boulevard and reduce the landscaping.
g) There are accessibility issues. As per the accessibility standards set by the province,
the path must be 1.5 meters and must be parallel to the handicap space.
Thank you
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Name
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Date
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37
Bx4ent
Municipality of Clarington,
May 20, 2021
We are concerned about the rezoning application for Darryl Kerswell at 4504 Highway
Email
2, Newtonville, Ontario file number ZBA 2021-0008 for the following reasons:
a) potential highway #2/Newtonville road congestion issues. This is a pedestrian hazard
due to increased traffic with limited space and parking
b) Two convenience stores side by side. The proposed use is unnecessary and is not
contributing to the diversity in the community
c) Lack of parking for rezoned property. The proposed area suggests 2.75 meters and
an average vehicle is anywhere from 4.2 to 4.9 meters in length.
d) This changes the historic look of the area by allowing a new commercial premise to
be constructed. The proposal does not keep with the official plans to develop
Newtonville as a heritage district in the near future.
f) Improper set -backs for extension from the road. The reduced setback will further
congest the boulevard and reduce the landscaping.
g) There are accessibility issues. As per the accessibility standards set by the province,
the path must be 1.5 meters and must be parallel to the handicap space.
Thank you
38
Frizzellsheila
We are concerned about the rezoning application for Darryl Kerswell at 4504 Highway
May 20, 2021
2, Newtonville, Ontario file number ZBA 2021-0008 for the following reasons:
Email
a) Traffic issues
b) Two convenience stores side by side
c) Lack of parking for rezoned property
d) Changes to the historic look of that area by allowing a new commercial premise to be
constructed
e) No business need for such development when there is an existing convenience store
in Newtonville
f) Lack of proper set back for extension from the road
39
Jomo Richardson
To whom it may concern,
May 20, 2021
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Name
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We are concerned about the rezoning application for Darryl Kerswell at 4504 Highway
2, Newtonville, Ontario file number ZBA 2021-0008 for the following reasons:
a) Traffic issues
b) Two convenience stores side by side
c) Lack of parking for rezoned property
d) Changes to the historic look of that area by allowing a new commercial premise to be
constructed
e) No business need for such development when there is an existing convenience store
in Newtonville
f) Lack of proper set back for extension from the road
Kind Regards,
Jomo Richardson
40
Edwin Berroa
We are concerned about the rezoning application for Darryl Kerswell at 4504 Highway
May 20, 2021
2, Newtonville, Ontario file number ZBA 2021-0008 for the following reasons:
a) Traffic issues
b) Two convenience stores side by side
c) Lack of parking for rezoned property
d) Changes to the historic look of that area by allowing a new commercial premise to be
constructed
e) No business need for such development when there is an existing convenience store
in Newtonville
f) Lack of proper set back for extension from the road
41
Geri -Lee Chung
I am concerned about the plans submitted for the rezoning filed by Darryl Kerswell at
May 20, 2021
4504 Highway 2, Newtonville. Ontario File # ZBA2021-0008 for the following reasons:
Email
1) Traffic and congestion issues as there are already limited spaces for parking.
Potential pedestrian hazards.
2) The new plan suggests 2.75 meters and an average vehicle is anywhere from 4.2 to
4.9 meters in length.
3) This area is known for its look and feel and this will take away from that feeling that
people like to visit and the plan does not mention keeping this as a heritage site.
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4) Why is there a need to have two convenience stores beside each other?
5) This plan does not conform to the required provincial standards for
accessibility issues?
Regards,
Geri -Lee Chung
42
Lisa Rolle -Burch
Municipality of Clarington,
May 20, 2021
We are concerned about the rezoning application for Darryl Kerswell at 4504 Highway
Email
2, Newtonville, Ontario file number ZBA 2021-0008 for the following reasons:
a) potential highway #2/Newtonville road congestion issues. This is a pedestrian hazard
due to increased traffic with limited space and parking
b) Two convenience stores side by side. The proposed use is unnecessary and is not
contributing to the diversity in the community
c) Lack of parking for rezoned property. The proposed area suggests 2.75 meters and
an average vehicle is anywhere from 4.2 to 4.9 meters in length.
d) This changes the historic look of the area by allowing a new commercial premise to
be constructed. The proposal does not keep with the official plans to develop
Newtonville as a heritage district in the near future.
e) Improper set -backs for extension from the road. The reduced setback will further
congest the boulevard and reduce the landscaping.
f) There are accessibility issues. As per the accessibility standards set by the province,
the path must be 1.5 meters and must be parallel to the handicap space.
Kind regards,
Lisa Rolle -Burch
43
Mellinda Pinto
Municipality of Clarington,
May 20, 2021
We are concerned about the rezoning application for Darryl Kerswell at 4504 Highway
Email
2, Newtonville, Ontario file number ZBA 2021-0008 for the following reasons:
a) potential highway #2/Newtonville road congestion issues. This is a pedestrian hazard
due to increased traffic with limited space and parking
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Date
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Comment Summary
b) Two convenience stores side by side. The proposed use is unnecessary and is not
contributing to the diversity in the community
c) Lack of parking for rezoned property. The proposed area suggests 2.75 meters and
an average vehicle is anywhere from 4.2 to 4.9 meters in length.
d) This changes the historic look of the area by allowing a new commercial premise to
be constructed. The proposal does not keep with the official plans to develop
Newtonville as a heritage district in the near future.
f) Improper set -backs for extension from the road. The reduced setback will further
congest the boulevard and reduce the landscaping.
g) There are accessibility issues. As per the accessibility standards set by the province,
the path must be 1.5 meters and must be parallel to the handicap space.
Kind regards,
Mellinda Pinto
44
Lisa Scarogni
Municipality of Clarington,
May 20, 2021
We are concerned about the rezoning application for Darryl Kerswell at 4504 Highway
Email
2, Newtonville, Ontario file number ZBA 2021-0008 for the following reasons:
a) potential highway #2/Newtonville road congestion issues. This is a pedestrian hazard
due to increased traffic with limited space and parking
b) Two convenience stores side by side. The proposed use is unnecessary and is not
contributing to the diversity in the community
c) Lack of parking for rezoned property. The proposed area suggests 2.75 meters and
an average vehicle is anywhere from 4.2 to 4.9 meters in length.
d) This changes the historic look of the area by allowing a new commercial premise to
be constructed. The proposal does not keep with the official plans to develop
Newtonville as a heritage district in the near future.
f) Improper set -backs for extension from the road. The reduced setback will further
congest the boulevard and reduce the landscaping.
g) There are accessibility issues. As per the accessibility standards set by the province,
the path must be 1.5 meters and must be parallel to the handicap space.
Kind regards,
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Lisa Scarogni
45
Fay Goveas
Municipality of Clarington,
May 20, 2021
We are concerned about the rezoning application for Darryl Kerswell at 4504 Highway
Email
2, Newtonville, Ontario file number ZBA 2021-0008 for the following reasons:
a) potential highway #2/Newtonville road congestion issues. This is a pedestrian hazard
due to increased traffic with limited space and parking
b) Two convenience stores side by side. The proposed use is unnecessary and is not
contributing to the diversity in the community
c) Lack of parking for rezoned property. The proposed area suggests 2.75 meters and
an average vehicle is anywhere from 4.2 to 4.9 meters in length.
d) This changes the historic look of the area by allowing a new commercial premise to
be constructed. The proposal does not keep with the official plans to develop
Newtonville as a heritage district in the near future.
f) Improper set -backs for extension from the road. The reduced setback will further
congest the boulevard and reduce the landscaping.
g) There are accessibility issues. As per the accessibility standards set by the province,
the path must be 1.5 meters and must be parallel to the handicap space.
Kind regards,
Fay Goveas
46
Michelle Hardy
Municipality of Clarington,
May 20, 2021
We are concerned about the rezoning application for Darryl Kerswell at 4504 Highway
Email
2, Newtonville, Ontario file number ZBA 2021-0008 for the following reasons:
a) potential highway #2/Newtonville road congestion issues. This is a pedestrian hazard
due to increased traffic with limited space and parking
b) Two convenience stores side by side. The proposed use is unnecessary and is not
contributing to the diversity in the community
c) Lack of parking for rezoned property. The proposed area suggests 2.75 meters and
an average vehicle is anywhere from 4.2 to 4.9 meters in length.
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d) This changes the historic look of the area by allowing a new commercial premise to
be constructed. The proposal does not keep with the official plans to develop
Newtonville as a heritage district in the near future.
f) Improper set -backs for extension from the road. The reduced setback will further
congest the boulevard and reduce the landscaping.
g) There are accessibility issues. As per the accessibility standards set by the province,
the path must be 1.5 meters and must be parallel to the handicap space.
This man has made clear and threatening statements against Justin Rolle and has also
used racial epithets in conversations
Regards,
Michelle Hardy
47
Daphne Benedit
Municipality of Clarington,
May 20, 2021
We are concerned about the rezoning application for Darryl Kerswell at 4504 Highway
2, Newtonville, Ontario file number ZBA 2021-0008 for the following reasons:
a) potential highway #2/Newtonville road congestion issues. This is a pedestrian hazard
due to increased traffic with limited space and parking
b) Two convenience stores side by side. The proposed use is unnecessary and is not
contributing to the diversity in the community
c) Lack of parking for rezoned property. The proposed area suggests 2.75 meters and
an average vehicle is anywhere from 4.2 to 4.9 meters in length.
d) This changes the historic look of the area by allowing a new commercial premise to
be constructed. The proposal does not keep with the official plans to develop
Newtonville as a heritage district in the near future.
f) Improper set -backs for extension from the road. The reduced setback will further
congest the boulevard and reduce the landscaping.
g) There are accessibility issues. As per the accessibility standards set by the province,
the path must be 1.5 meters and must be parallel to the handicap space.
Kind regards,
Daphne Benedit
48
Raphael Menezes
Municipality of Clarington,
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Name
Comment Summary
Date
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May 20, 2021
We are concerned about the rezoning application for Darryl Kerswell at 4504 Highway
Email
2, Newtonville, Ontario file number ZBA 2021-0008 for the following reasons:
a) potential highway #2/Newtonville road congestion issues. This is a pedestrian hazard
due to increased traffic with limited space and parking
b) Two convenience stores side by side. The proposed use is unnecessary and is not
contributing to the diversity in the community
c) Lack of parking for rezoned property. The proposed area suggests 2.75 meters and
an average vehicle is anywhere from 4.2 to 4.9 meters in length.
d) This changes the historic look of the area by allowing a new commercial premise to
be constructed. The proposal does not keep with the official plans to develop
Newtonville as a heritage district in the near future.
f) Improper set -backs for extension from the road. The reduced setback will further
congest the boulevard and reduce the landscaping.
g) There are accessibility issues. As per the accessibility standards set by the province,
the path must be 1.5 meters and must be parallel to the handicap space.
Kind regards,
Raphael Menezes
49
Jose Reynoso
We are concerned about the rezoning application for Darryl Kerswell at 4504 Highway
May 20, 2021
2, Newtonville, Ontario file number ZBA 2021-0008 for the following reasons:
Email
a) Traffic issues
b) Two convenience stores side by side
c) Lack of parking for rezoned property
d) Changes to the historic look of that area by allowing a new commercial premise to be
constructed
e) No business need for such development when there is an existing convenience store
in Newtonville
f) Lack of proper set back for extension from the road
50
Ken Payne
Municipality of Clarington,
May 20, 2021
We are concerned about the rezoning application for Darryl Kerswell at 4504 Highway
Email
2, Newtonville, Ontario file number ZBA 2021-0008 for the following reasons:
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#
Name
Date
Format
Comment Summary
a) potential highway #2/Newtonville road congestion issues. This is a pedestrian hazard
due to increased traffic with limited space and parking
b) Two convenience stores side by side. The proposed use is unnecessary and is not
contributing to the diversity in the community
c) Lack of parking for rezoned property. The proposed area suggests 2.75 meters and
an average vehicle is anywhere from 4.2 to 4.9 meters in length.
d) This changes the historic look of the area by allowing a new commercial premise to
be constructed. The proposal does not keep with the official plans to develop
Newtonville as a heritage district in the near future.
f) Improper set -backs for extension from the road. The reduced setback will further
congest the boulevard and reduce the landscaping.
g) There are accessibility issues. As per the accessibility standards set by the province,
the path must be 1.5 meters and must be parallel to the handicap space.
Kind regards,
Ken Payne
51
Cheryl Nobile
Municipality of Clarington,
May 20, 2021
We are concerned about the rezoning application for Darryl Kerswell at 4504 Highway
Email
2, Newtonville, Ontario file number ZBA 2021-0008 for the following reasons:
a) potential highway #2/Newtonville road congestion issues. This is a pedestrian hazard
due to increased traffic with limited space and parking
b) Two convenience stores side by side. The proposed use is unnecessary and is not
contributing to the diversity in the community
c) Lack of parking for rezoned property. The proposed area suggests 2.75 meters and
an average vehicle is anywhere from 4.2 to 4.9 meters in length.
d) This changes the historic look of the area by allowing a new commercial premise to
be constructed. The proposal does not keep with the official plans to develop
Newtonville as a heritage district in the near future.
f) Improper set -backs for extension from the road. The reduced setback will further
congest the boulevard and reduce the landscaping.
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g) There are accessibility issues. As per the accessibility standards set by the province,
the path must be 1.5 meters and must be parallel to the handicap space.
Kind regards
52
Ti Long
Darryl Kerswell
May 20, 2021
4504 Highway 2
Email
Newtonville, Ontario
1). I'm concerned about the traffic and congestion in the area not to mention the hazard
for pedestrians
2). 1 don't see the value of having 2 convince store side by side in a hamlet
3). I'm concerned about the parking that will cause more congestion for everyone
4). The site plan doesn't make sense .. it barely has enough room for parking
5). I'm concerned it will change the historic look if the area by allowing a new
commercial building
Thank you
Ti Long
53
Dbey1321
We are concerned about the rezoning application for Darryl Kerswell at 4504 Highway
May 20, 2021
2, Newtonville, Ontario file number ZBA 2021-0008 for the following reasons:
Email
a) Traffic issues
b) Two convenience stores side by side
c) Lack of parking for rezoned property
d) Changes to the historic look of that area by allowing a new commercial premise to be
constructed
e) No business need for such development when there is an existing convenience store
in Newtonville
f) Lack of proper set back for extension from the road
54
Maisie Menezes
File #ZBA 2021-0008 for the following reasons.
May 20, 2021
a) potential highway # 2/ Newtonville Rd congestion issues. This is a pedestrian hazard
Email
due to increased traffic with limited space and parking.
b) Two convenience stores sid by side. The prosped use is unnecerrary ,and is not
contributing to
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the diversity in the community..
c).Lack of parking for rezoned property. The area suggests 2.75 meters and an
average vehicle is anywhere from 4.2 to 4.9 meters
d) This changes the historic look of the area by allowing a new commercial premise to
be constructed. the proposal does not keep with the official plans to develop
Newtonville as a heritage district in the near future.
e) Improper set backs for extension from the road. The reduced setback will further
congest the boulevard and reduce the landscaping.
f) There are accessibility issues. As per the standards set by the province. The path
must be 1.5 meters and must be parallel to the handicap space..
Kind regards
Maisie Menezes.
55
Frank and Anetta Hill
• Having two convenience stores with the same services beside each other does
May 21, 2021
NOT make sense, but it will create additional problems for both the community
Email
and our business.
• His property does not meet commercial parking requirements. Therefore, parking
will spill onto our property. If we refuse them, we will lose them as our
customers. This creates a catch 22 situation.
• Catering to his request sets a bad precedent. When I could not meet the
minimum four -space parking bylaw for my small business, I had to sell.
• This lack of parking will cause traffic issues and an increased potential for
accidents. That is what the municipality told me when I was denied.
• Our store is a landmark property that has provided food and goods to the
community for over 100 years. It has had many owners. Converting a house to
another convenience store right beside us will only create confusion and assist
his efforts to divide the community.
• His lack of appropriate setbacks adds to what I have outlined above.
except from a longer letter)
56
Samantha Smith
Municipality of Clarington,
May 21, 2021
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Name
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Format
Comment Summary
Email
We are concerned about the rezoning application for Darryl Kerswell at 4504 Highway
2, Newtonville, Ontario file number ZBA 2021-0008 for the following reasons:
a) potential highway #2/Newtonville road congestion issues. This is a pedestrian hazard
due to increased traffic with limited space and parking
b) Two convenience stores side by side. The proposed use is unnecessary and is not
contributing to the diversity in the community
c) Lack of parking for rezoned property. The proposed area suggests 2.75 meters and
an average vehicle is anywhere from 4.2 to 4.9 meters.
d) This changes the historic look of the area by allowing a new commercial premise to
be constructed. The proposal does not keep with the official plans to develop
Newtonville as a heritage district in the near future.
f) Improper set -backs for extension from the road. The reduced setback will further
congest the boulevard and reduce the landscaping.
g) There are accessibility issues. As per the accessibility standards set by the province,
the path must be 1.5 meters and must be parallel to the handicap space.
Kind regards,
Samantha Smith
57
Crystal Martinez
Municipality of Clarington,
May 21, 2021
We are concerned about the rezoning application for Darryl Kerswell at 4504 Highway
Email
2, Newtonville, Ontario file number ZBA 2021-0008 for the following reasons:
a) potential highway #2/Newtonville road congestion issues. This is a pedestrian hazard
due to increased traffic with limited space and parking
b) Two convenience stores side by side. The proposed use is unnecessary and is not
contributing to the diversity in the community
c) Lack of parking for rezoned property. The proposed area suggests 2.75 meters and
an average vehicle is anywhere from 4.2 to 4.9 meters.
d) This changes the historic look of the area by allowing a new commercial premise to
be constructed. The proposal does not keep with the official plans to develop
Newtonville as a heritage district in the near future.
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Format
f) Improper set -backs for extension from the road. The reduced setback will further
congest the boulevard and reduce the landscaping.
g) There are accessibility issues. As per the accessibility standards set by the province,
the path must be 1.5 meters and must be parallel to the handicap space.
Kind regards,
Crystal Martinez
58
Sonja Johnson
Municipality of Clarington,
May 21, 2021
We are concerned about the rezoning application for Darryl Kerswell at 4504 Highway
Email
2, Newtonville, Ontario file number ZBA 2021-0008 for the following reasons:
a) potential highway #2/Newtonville road congestion issues. This is a pedestrian hazard
due to increased traffic with limited space and parking
b) Two convenience stores side by side. The proposed use is unnecessary and is not
contributing to the diversity in the community
c) Lack of parking for rezoned property. The proposed area suggests 2.75 meters and
an average vehicle is anywhere from 4.2 to 4.9 meters.
d) This changes the historic look of the area by allowing a new commercial premise to
be constructed. The proposal does not keep with the official plans to develop
Newtonville as a heritage district in the near future.
f) Improper set -backs for extension from the road. The reduced setback will further
congest the boulevard and reduce the landscaping.
g) There are accessibility issues. As per the accessibility standards set by the province,
the path must be 1.5 meters and must be parallel to the handicap space.
Kind regards,
Sonja Johnson
59
Danielle Kane
Dear Representatives of the Municipality of Clarington: I am concerned about the
May 21, 2021
rezoning application for Darryl Kerswell at 4504 Highway 2, Newtonville, Ontario file
Email
number ZBA 2021-0008 for the following reasons: a) Its approval could lead to
congestion at Highway 2/Newtonville Rd. This may become a pedestrian hazard due to
the probable increase in traffic coupled with the lack of appropriate space for parking. b)
Building a convenience store beside an existing convenience store exceeds the needs
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Comment Summary
of the area. As it stands the existing store does not make enough income to enable
Darryl Kerswell to pay his rent in full. As such, the proposed business use is
unnecessary and is not contributing to the diversity in the community. c) There will be a
lack of appropriate parking for the property if it is rezoned for business. The proposed
area suggests 2.75 meters and an average vehicle is anywhere from 4.2 to 4.9 meters
in length.
d) Further to the above point, there will not be accessible parking possible at this
property if it is rezoned for commercial use. As per the accessibility standards of
Ontario, there must be a path of 1.5 meters adjacent to any handicap space.
e) This changes the historic look of the area by allowing a new commercial premise to
be constructed. The proposal does not keep with the official plans to develop
Newtonville as a heritage district in the near future. f) Improper set -backs for extension
from the road. The reduced setback will further congest the boulevard and reduce the
landscaping. Kind regards, Danielle Kane
60
Ani Nersessian
To Municipality of Clarington,
May 21, 2021
1 am concerned about the rezoning application for Darryl Kerswell at 4504 Highway 2,
Email
Newtonville, Ontario file number ZBA 2021-0008 for the following reasons:
a) potential highway #2/Newtonville road congestion issues. This is a pedestrian hazard
due to increased traffic with limited space and parking
b) Two convenience stores side by side. The proposed use is unnecessary and is not
contributing to the diversity in the community
c) Lack of parking for rezoned property. The proposed area suggests 2.75 meters and
an average vehicle is anywhere from 4.2 to 4.9 meters in length.
d) This changes the historic look of the area by allowing a new commercial premise to
be constructed. The proposal does not keep with the official plans to develop
Newtonville as a heritage district in the near future.
e) Improper set -backs for extension from the road. The reduced setback will further
congest the boulevard and reduce the landscaping.
f) There are accessibility issues. As per the accessibility standards set by the province,
the path must be 1.5 meters and must be parallel to the handicap space.
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Kind regards,
Ani Nersessian
61
Richard Mazar
Retained by Artgrow Inc. Concerned about limited parking and accessibility. Safety
(emailed by Dana
issue by having a loading space on the road allowance. Having two convenience stores
Kunath; letter on behalf
located side by side in a small community like Newtonville makes no sense. Artgrow
of Artgrow Inc.)
Inc. was not leased to Mr.Kerswell as he was unable to pay market rent for the
May 21, 2021
property.
Email
(Excerpt from letter)
62
Dedra Cunningham
Municipality of Clarington,
May 21, 2021
We are concerned about the rezoning application for Darryl Kerswell at 4504 Highway
Email
2, Newtonville, Ontario file number ZBA 2021-0008 for the following reasons:
a) potential highway #2/Newtonville road congestion issues. This is a pedestrian hazard
due to increased traffic with limited space and parking
b) Two convenience stores side by side. The proposed use is unnecessary and is not
contributing to the diversity in the community
c) Lack of parking for rezoned property. The proposed area suggests 2.75 meters and
an average vehicle is anywhere from 4.2 to 4.9 meters.
d) This changes the historic look of the area by allowing a new commercial premise to
be constructed. The proposal does not keep with the official plans to develop
Newtonville as a heritage district in the near future.
f) Improper set -backs for extension from the road. The reduced setback will further
congest the boulevard and reduce the landscaping.
g) There are accessibility issues. As per the accessibility standards set by the province,
the path must be 1.5 meters and must be parallel to the handicap space.
Kind Regards,
Dedra Cunningham
63
Selean Jones
Municipality of Clarington,
May 23, 2021
We are concerned about the rezoning application for Darryl Kerswell at 4504 Highway
Email
2, Newtonville, Ontario file number ZBA 2021-0008 for the following reasons:
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Name
Comment Summary
Date
Format
a) potential highway #2/Newtonville road congestion issues. This is a pedestrian hazard
due to increased traffic with limited space and parking
b) Two convenience stores side by side. The proposed use is unnecessary and is not
contributing to the diversity in the community
c) Lack of parking for rezoned property. The proposed area suggests 2.75 meters and
an average vehicle is anywhere from 4.2 to 4.9 meters in length.
d) This changes the historic look of the area by allowing a new commercial premise to
be constructed. The proposal does not keep with the official plans to develop
Newtonville as a heritage district in the near future.
f) Improper set -backs for extension from the road. The reduced setback will further
congest the boulevard and reduce the landscaping.
g) There are accessibility issues. As per the accessibility standards set by the province,
the path must be 1.5 meters and must be parallel to the handicap space.
Kind regards,
Selean Jones
64
Isaiah Primus
We are concerned about the rezoning application for Darryl Kerswell at 4504 Highway
May 24, 2021
2, Newtonville, Ontario file number ZBA 2021-0008 for the following reasons:
Email
a) Traffic issues
b) Two convenience stores side by side
c) Lack of parking for rezoned property
d) Changes to the historic look of that area by allowing a new commercial premise to be
constructed
e) No business need for such development when there is an existing convenience store
in Newtonville
f) Lack of proper set back for extension from the road
Best regards
65
Howard Barton
The new store will have handicap street level entrance , handicap washroom and
May 25, 2021
handicap parking . There are several handicap people living in Newtonville , me being
Email
one of them . Darryl is the ideal person to run the store in this village because he
knows everyone and treats everyone with respect and hires local
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people that do the same. The existing store entrance steps are on the sidewalk and the
entire front section is built on town property, it has no washrooms and tripping hazard
floor levels. Everyone in the village has seen how hard Darryl has worked to bring the
store up to the high standards it now has. I have lived in the village for forty one years
and Darryl has been the best owner of the store by far. I hope you will approve Darryl's
application. Thank you. Howard Barton
66
Jessica Ennis
Good Morning Amanda,
May 26, 2021
1 am interesting in finding out where the addition will be for the proposal of 4504
Email
Highway 2 in Newtonville, as well as any additional parking lots that might be made to
this current residential property. We live at 2035 Newtonville rd and our property
boarders the back of this lot with proposed changes. Can you also provide details of
what kind of eating establishment. We are very concerned with the changes to this
property and the effects this might have to our property and would like further details on
the proposed changes.
Thank you in advance,
Jessica Ennis
67
Christine Stewart
We are concerned about the rezoning application for Darryl Kerswell at 4504 Highway
May 25, 2021
2, Newtonville, Ontario file number ZBA 2021-0008 for the following reasons:
Email
a) Traffic issues
b) Two convenience stores side by side
c) Lack of parking for rezoned property
d) Changes to the historic look of that area by allowing a new commercial premise to be
constructed
e) No business need for such development when there is an existing convenience store
in Newtonville
f) Lack of proper set back for extension from the road
Christine Stewart
68
Karen Pais and
Concerned about the rezoning application for 4504 Highway 2, Newtonville, Ontario file
Dwayne DeSa
number ZBA 2021-0008 for the following reasons:
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Comment Summary
May 26, 2021
a) Potential road congestion along Regional Highway 2 in Newtonville;
Email
b) Pedestrian hazard as a result of increased traffic with limited space and parking
on the subject property;
c) Ability for the site to provide sufficient parking for both the commercial and
residential uses;
d) Ability of the site to meet the accessibility standards set by the Province;
e) Reduced landscaping that will adversely impact the public realm; and
Altering the historic fagade is not in keeping with the intend of developing a heritage
district as per the Clarington Official Plan.
Public Comments Received following May 26 (Report to Management)
#
Name
Date
Format
Comment Summary
69
Eireni Girgis
Concerned about the rezoning application for
May 26, 2021
4504 Highway 2, Newtonville, Ontario file
Email
number ZBA 2021-0008 for the following
reasons:
a) Potential road congestion along
Regional Highway 2 in Newtonville;
b) Pedestrian hazard as a result of
increased traffic with limited space and
parking on the subject property;
c) Ability for the site to provide sufficient
parking for both the commercial and
residential uses;
d) Ability of the site to meet the
accessibility standards set by the
Province;
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e) Reduced landscaping that will adversely
impact the public realm; and
f) Altering the historic fapade is not in
keeping with the intent of developing a
heritage district as per the Clarington
Official Plan.
70
Melodie Minus
Concerned about the rezoning application for 4504 Highway 2, Newtonville, Ontario file
May 26, 2021
number ZBA 2021-0008 for the following reasons:
Email
a) Potential road congestion along Regional Highway 2 in Newtonville;
b) Pedestrian hazard as a result of increased traffic with limited space and parking
on the subject property;
c) Ability for the site to provide sufficient parking for both the commercial and
residential uses;
d) Ability of the site to meet the accessibility standards set by the Province;
e) Reduced landscaping that will adversely impact the public realm; and
f) Altering the historic fagade is not in keeping with the intent of developing a
heritage district as per the Clarington Official Plan.
71
Maria Spathis
Concerned about the rezoning application for 4504 Highway 2, Newtonville, Ontario file
May 27, 2021
number ZBA 2021-0008 for the following reasons:
Email
a) Potential road congestion along Regional Highway 2 in Newtonville;
b) Pedestrian hazard as a result of increased traffic with limited space and parking
on the subject property;
c) Ability for the site to provide sufficient parking for both the commercial and
residential uses;
d) Ability of the site to meet the accessibility standards set by the Province;
e) Reduced landscaping that will adversely impact the public realm; and
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Date
Format
f) Altering the historic fagade is not in keeping with the intent of developing a
heritage district as per the Clarington Official Plan.
72
Elizabeth Foley
Concerned about the rezoning application for 4504 Highway 2, Newtonville, Ontario file
May 27, 2021
number ZBA 2021-0008 for the following reasons:
Email
a) Potential road congestion along Regional Highway 2 in Newtonville;
b) Pedestrian hazard as a result of increased traffic with limited space and parking
on the subject property;
c) Ability for the site to provide sufficient parking for both the commercial and
residential uses;
d) Ability of the site to meet the accessibility standards set by the Province;
e) Reduced landscaping that will adversely impact the public realm; and
f) Altering the historic fagade is not in keeping with the intent of developing a
heritage district as per the Clarington Official Plan.
73
Gord Robinson
Contact Info:
May 27, 2021
905-243-2870
Phone Call
74
Susanne and Michael
What exactly is the business (e.g. Restaurant Tavern) and what size of the proposed
McEvoy
business?
May 27, 2021
What are the parking requirements?
Email
Will this affect the road works about to be started on Newtonville Rd?
What will the proposed facility do for commercial septic requirements?
Will the proposed facility be serving alcohol?
What will the proposed facility be doing for kitchen waste storage? (Outside)
What will the proposed facility do for kitchen emissions?
What is the proposed business plans for entertainment? (Noise)
Is there plans for a patio considering COVID?
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What will the proposed facility do to reduce noise from outside equipment? (E.g. Air
conditioning, generator.)
Are there plans to make the area safer with traffic lights at the intersection with potential
increase in traffic?
Will the city be repairing the side walk outside the proposed business?
Will the proposed business be putting up a fence on the property line? If so how high
and what will it be made with?
(excerpt from letter)
75
Debra & Nestor Silveira
Concerned about the rezoning application for 4504 Highway 2, Newtonville, Ontario file
May 27, 2021
number ZBA 2021-0008 for the following reasons:
Email
a) Potential road congestion along Regional Highway 2 in Newtonville;
b) Pedestrian hazard as a result of increased traffic with limited space and parking on
the subject property;
c) Ability for the site to provide sufficient parking for both the commercial and residential
uses;
d) Ability of the site to meet the accessibility standards set by the Province;
e) Reduced landscaping that will adversely impact the public realm; and
f) Altering the historic fapade is not in keeping with the intent of developing a heritage
district as per the Clarington Official Plan.
76
Deanna Reesor
Requested details on how to attend the online meeting.
May 27, 2021
Email
77
Dustin Petherick
Concerned about the rezoning application for 4504 Highway 2, Newtonville, Ontario file
May 27, 2021
number ZBA 2021-0008 for the following reasons:
Email
a) Potential road congestion along Regional Highway 2 in Newtonville;
b) Pedestrian hazard as a result of increased traffic with limited space and parking on
the subject property;
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c) Ability for the site to provide sufficient parking for both the commercial and residential
uses;
d) Ability of the site to meet the accessibility standards set by the Province;
e) Reduced landscaping that will adversely impact the public realm; and
f) Altering the historic fagade is not in keeping with the intent of developing a heritage
district as per the Clarington Official Plan.
g) Potential sight lines and safety issue with the location of the loading space.
78
Sharon Graveran
Concerned about the rezoning application for 4504 Highway 2, Newtonville, Ontario file
May 27, 2021
number ZBA 2021-0008 for the following reasons:
Email
a) Potential road congestion along Regional Highway 2 in Newtonville;
b) Pedestrian hazard as a result of increased traffic with limited space and parking on
the subject property;
c) Ability for the site to provide sufficient parking for both the commercial and residential
uses;
d) Ability of the site to meet the accessibility standards set by the Province;
e) Reduced landscaping that will adversely impact the public realm; and
f) Altering the historic fagade is not in keeping with the intent of developing a heritage
district as per the Clarington Official Plan.
g) Potential sight lines and safety issue with the location of the loading space.
79
Chris Kaunch
Concerned about the rezoning application for 4504 Highway 2, Newtonville, Ontario file
May 27, 2021
number ZBA 2021-0008 for the following reasons:
Email
a) Potential road congestion along Regional Highway 2 in Newtonville;
b) Pedestrian hazard as a result of increased traffic with limited space and parking on
the subject property;
c) Ability for the site to provide sufficient parking for both the commercial and residential
uses;
d) Ability of the site to meet the accessibility standards set by the Province;
e) Reduced landscaping that will adversely impact the public realm; and
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Date
Format
f) Altering the historic fagade is not in keeping with the intent of developing a heritage
district as per the Clarington Official Plan.
g) Potential sight lines and safety issue with the location of the loading space.
80
Stephanie Marino
Concerned about the rezoning application for 4504 Highway 2, Newtonville, Ontario file
May 27, 2021
number ZBA 2021-0008 for the following reasons:
Email
a) Potential road congestion along Regional Highway 2 in Newtonville;
b) Pedestrian hazard as a result of increased traffic with limited space and parking on
the subject property;
c) Ability for the site to provide sufficient parking for both the commercial and residential
uses;
d) Ability of the site to meet the accessibility standards set by the Province;
e) Reduced landscaping that will adversely impact the public realm; and
f) Altering the historic fagade is not in keeping with the intent of developing a heritage
district as per the Clarington Official Plan.
81
Antonio Cassone
Concerned about the rezoning application for 4504 Highway 2, Newtonville, Ontario file
May 28, 2021
number ZBA 2021-0008 for the following reasons:
Email
a) Potential road congestion along Regional Highway 2 in Newtonville;
b) Pedestrian hazard as a result of increased traffic with limited space and parking on
the subject property;
c) Ability for the site to provide sufficient parking for both the commercial and residential
uses;
d) Ability of the site to meet the accessibility standards set by the Province; and
e) Altering the historic fagade is not in keeping with the intent of developing a heritage
district as per the Clarington Official Plan.
82
Tessa Trueman
Concerned about the rezoning application for 4504 Highway 2, Newtonville, Ontario file
May 28, 2021
number ZBA 2021-0008 for the following reasons:
Email
a) Potential road congestion along Regional Highway 2 in Newtonville;
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Date
Format
b) Pedestrian hazard as a result of increased traffic with limited space and parking on
the subject property;
c) Ability for the site to provide sufficient parking for both the commercial and residential
uses;
d) Ability of the site to meet the accessibility standards set by the Province;
e) Reduced landscaping that will adversely impact the public realm; and
f) Altering the historic fagade is not in keeping with the intent of developing a heritage
district as per the Clarington Official Plan.
g) Potential sight lines and safety issue with the location of the loading space.
83
Jon Labalestra
Concerned about the rezoning application for 4504 Highway 2, Newtonville, Ontario file
May 28, 2021
number ZBA 2021-0008 for the following reasons:
Email
a) Potential road congestion along Regional Highway 2 in Newtonville;
b) Pedestrian hazard as a result of increased traffic with limited space and parking on
the subject property;
c) Ability for the site to provide sufficient parking for both the commercial and residential
uses;
d) Ability of the site to meet the accessibility standards set by the Province;
e) Reduced landscaping that will adversely impact the public realm; and
f) Altering the historic fagade is not in keeping with the intent of developing a heritage
district as per the Clarington Official Plan.
g) Potential sight lines and safety issue with the location of the loading space.
84
Robyn Bakerman
Concerned about the rezoning application for 4504 Highway 2, Newtonville, Ontario file
May 30, 2021
number ZBA 2021-0008 for the following reasons:
Email
a) Potential road congestion along Regional Highway 2 in Newtonville;
b) Pedestrian hazard as a result of increased traffic with limited space and parking on
the subject property;
c) Ability for the site to provide sufficient parking for both the commercial and residential
uses;
d) Ability of the site to meet the accessibility standards set by the Province;
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e) Reduced landscaping that will adversely impact the public realm; and
f) Altering the historic fagade is not in keeping with the intent of developing a heritage
district as per the Clarington Official Plan.
85
Ramon Kumar
Concerned about the rezoning application for 4504 Highway 2, Newtonville, Ontario file
May 30, 2021
number ZBA 2021-0008 for the following reasons:
Email
a) Potential road congestion along Regional Highway 2 in Newtonville;
b) Pedestrian hazard as a result of increased traffic with limited space and parking on
the subject property;
c) Ability for the site to provide sufficient parking for both the commercial and residential
uses;
d) Ability of the site to meet the accessibility standards set by the Province;
e) Reduced landscaping that will adversely impact the public realm; and
f) Altering the historic fagade is not in keeping with the intent of developing a heritage
district as per the Clarington Official Plan.
86
Lilly Singh
Concerned about the rezoning application for 4504 Highway 2, Newtonville, Ontario file
May 30, 2021
number ZBA 2021-0008 for the following reasons:
Email
a) Potential road congestion along Regional Highway 2 in Newtonville;
b) Pedestrian hazard as a result of increased traffic with limited space and parking on
the subject property;
c) Ability for the site to provide sufficient parking for both the commercial and residential
uses;
d) Ability of the site to meet the accessibility standards set by the Province;
e) Reduced landscaping that will adversely impact the public realm; and
f) Altering the historic fagade is not in keeping with the intent of developing a heritage
district as per the Clarington Official Plan.
87
Abhishek Sahi
Concerned about the rezoning application for 4504 Highway 2, Newtonville, Ontario file
May 30, 2021
number ZBA 2021-0008 for the following reasons:
Email
a) Potential road congestion along Regional Highway 2 in Newtonville;
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Comment Summary
Date
Format
b) Pedestrian hazard as a result of increased traffic with limited space and parking on
the subject property;
c) Ability for the site to provide sufficient parking for both the commercial and residential
uses;
d) Ability of the site to meet the accessibility standards set by the Province;
e) Reduced landscaping that will adversely impact the public realm; and
f) Altering the historic fagade is not in keeping with the intent of developing a heritage
district as per the Clarington Official Plan.
88
Denise Petherick
Concerned about the rezoning application for 4504 Highway 2, Newtonville, Ontario file
May 30, 2021
number ZBA 2021-0008 for the following reasons:
Email
a) Potential road congestion along Regional Highway 2 in Newtonville;
b) Pedestrian hazard as a result of increased traffic with limited space and parking on
the subject property;
c) Ability for the site to provide sufficient parking for both the commercial and residential
uses;
d) Ability of the site to meet the accessibility standards set by the Province;
e) Reduced landscaping that will adversely impact the public realm; and
f) Altering the historic fagade is not in keeping with the intent of developing a heritage
district as per the Clarington Official Plan.
g) Potential sight lines and safety issue with the location of the loading space.
89
Greg Lewis
In opposition to the rezoning application for 4504 Highway 2, Newtonville, Ontario file
May 28, 2021
number ZBA 2021-0008 for the following reasons:
Email
a) Potential road congestion; and
b) Ability for the site to provide sufficient parking for both the commercial and residential
uses.
90
Mike Gimblett
Supportive of the Application. Is registering to speak as a delegate at the Public
May 31, 2021
meeting
Phone Call
905-431-6855
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Name
Comment Summary
Date
Format
91
Jon Hamilton
Concerned about the rezoning application for 4504 Highway 2, Newtonville, Ontario file
June 1, 2021
number ZBA 2021-0008 for the following reasons:
Email
a) Potential road congestion along Regional Highway 2 in Newtonville;
b) Pedestrian hazard as a result of increased traffic with limited space and parking on
the subject property;
c) Ability for the site to provide sufficient parking for both the commercial and residential
uses;
d) Ability of the site to meet the accessibility standards set by the Province; and
e) Altering the historic fapade is not in keeping with the intent of developing a heritage
district as per the Clarington Official Plan.
92
Jon Hebert
General support for Darryl Kerswell and his presence in the Newtonville community.
June 1, 2021
Email
93
Cinette Ricketts
General support for the application.
June 1, 2021
Email
94
Jamie Stewart &
General support for the application.
Stephan Lott
June 1, 2021
Email
95
Franklin Barrett
Concerned about the rezoning application for 4504 Highway 2, Newtonville, Ontario file
June 2, 2021
number ZBA 2021-0008 for the following reasons:
Email
a) Potential road congestion along Regional Highway 2 in Newtonville;
b) Pedestrian hazard as a result of increased traffic with limited space and parking on
the subject property;
c) Ability for the site to provide sufficient parking for both the commercial and residential
uses;
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Format
d) Ability of the site to meet the accessibility standards set by the Province;
e) Reduced landscaping that will adversely impact the public realm; and
f) Altering the historic fapade is not in keeping with the intent of developing a heritage
district as per the Clarington Official Plan.
96
Crystal Howell
General support for Darryl Kerswell and his presence in the Newtonville community.
June 2, 2021
Email
97
Denika Jones
General support for the application.
June 2, 2021
Email
98
John and Lilian Bouma
General support for Darryl Kerswell and his presence in the Newtonville community.
June 2, 2021
Email
99
Darryl Kerswell
Applicant provided the Municipality with a copy of a Petition with 1292 signatures in
June 3, 2021
support of the proposed rezoning entitled "S.O.S, Save Our Store". The petition to show
Paper Submission
there was community support to rezone the property at 4504 Highway 2 from
Residential to Commercial/Residential.
100
Unknown
Concerned about the rezoning application for 4504 Highway 2, Newtonville, Ontario file
June 4, 2021
number ZBA 2021-0008 for the following reasons:
E-mail
a) Potential road congestion along Regional Highway 2 in Newtonville;
b) Pedestrian hazard as a result of increased traffic with limited space and parking on
the subject property;
c) Ability for the site to provide sufficient parking for both the commercial and residential
uses;
d) Ability of the site to meet the accessibility standards set by the Province;
e) Reduced landscaping that will adversely impact the public realm; and
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Name
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Date
Format
f) Altering the historic fagade is not in keeping with the intent of developing a heritage
district as per the Clarington Official Plan.
Public Comments Received after 3PM on June 4
#
Name
Comment Summary
Date
Format
101
Bridget
General support for the application.
June 4, 2021
(905) 999-6341
102
Melanie Antaya
General support for Darryl Kerswell and his presence in the Newtonville community.
June 4, 2021
Email
103
Morry Weisfeld
Concerned about the rezoning application for 4504 Highway 2, Newtonville, Ontario
June 6, 2021
file number ZBA 2021-0008 for the following reasons:
Email
a) Potential road congestion along Regional Highway 2 in Newtonville;
b) Ability for the site to provide sufficient parking for both the commercial and
residential uses;
c) Altering the historic fagade is not in keeping with the intent of developing a
heritage district as per the Clarington Official Plan.
104
Lydia Wilson
General support for Darryl Kerswell and his presence in the Newtonville community.
June 6, 2021
Email
105
Joanne Gillan
General support for the application. Small, local businesses are needed in Clarington.
June 6, 2021
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Name
Comment Summary
Date
Format
Email
106
Jenna Thompson
General support for Darryl Kerswell and his presence in the Newtonville community.
June 6, 2021
Email
107
Mike and Sarah
General support for Darryl Kerswell and his presence in the Newtonville community.
Cowley
June 6, 2021
Email
108
Shelley Allin
General support for Darryl Kerswell and his presence in the Newtonville community.
June 6, 2021
Email
109
Hollie Spratley
General support for Darryl Kerswell and his presence in the Newtonville community.
June 7, 2021
Email
110
Stephanie Dvernichuk
General support for Darryl Kerswell and his presence in the Newtonville community.
June 7, 2021
Email
111
Viviana and Kimberley
General support for Darryl Kerswell and his presence in the Newtonville community.
Marinacci
June 7, 2021
Email
112
Dianne Phillips
General support for Darryl Kerswell and his presence in the Newtonville community.
June 7, 2021
Page 191
Attachment 2 to Report PDS-043-21
Public Comments Table
#
Name
Comment Summary
Date
Format
Email
113
Dana Severn
General support for the application.
June 6, 2021
Email
114
Sandy Wiseman
General support for the application.
Colleen Hamilton
Liam Wiseman
Madeleine Wiseman
June 7, 2021
Email
115
Karen Saltmarsh
General support for the application.
June 7, 2021
Email
116
Nida Kartavicius
General support for Darryl Kerswell and his presence in the Newtonville community.
June 7, 2021
Email
117
Lydia Broenink
General support for Darryl Kerswell and his presence in the Newtonville community.
June 6, 2021
Email
Page192
Attachment 2 to Report PDS-043-21
Public Comments Table
Public Deleqates Durinq Public Meetinq on June 7
#
Name
Comment Summary
Date
Format
118.
Dave Higgens
Spoke at Public Meeting held on June 7, 2021.
June 7, 2021
Spoke at Public Meeting
119.
George Panaioutys
Spoke at Public Meeting held on June 7, 2021.
June 7, 2021
Spoke at Public Meeting
120.
Kristen Taylor
Spoke at Public Meeting held on June 7, 2021.
June 7, 2021
Spoke at Public Meeting
121.
Mike Prodan
Spoke at Public Meeting held on June 7, 2021.
June 7, 2021
Spoke at Public Meeting
122.
Ricky Menezes
Spoke at Public Meeting held on June 7, 2021.
June 7, 2021
Spoke at Public Meeting
123.
Sean Keane
Spoke at Public Meeting held on June 7, 2021.
June 7, 2021
Spoke at Public Meeting
124.
Virginia Hardy
Spoke at Public Meeting held on June 7, 2021.
June 10, 2021
June 7, 2021
Spoke at Public Meeting
vuaiic comments Keceivea arter vumic ivieeiing on June t
# Name Comment Summary
Date
Format
Page193
Attachment 2 to Report PDS-043-21
Public Comments Table
125.
Michael and Susanne
Believes that this is a civil dispute and that using council to settle the matter doesn't
McEvoy
make sense. Does not want to be involved as it is causing issues in the
June 8, 2021
neighbourhood. Requesting to be removed from the IP list.
Email
126.
Pierre
General support for the application.
June 8, 2021
Email
127.
Barbara and Bob
General support for Darryl Kerswell and his presence in the Newtonville community.
Parsons
June 7, 2021
Email
128.
Jack Watson
General support for Darryl Kerswell and his presence in the Newtonville community.
June 8, 2021
Phone Call
129.
Lydia Broenink
Reiterated support for Darryl Kerswell and his presence in the Newtonville community.
June 28, 2021
Email
130.
Alicia Serio
Interested in additional information regarding the rezoning application for 4504
June 29, 2021
Highway 2, Newtonville, Ontario file number ZBA 2021-0008
E-mail
131.
Christopher Primus
Concerned about the rezoning application for 4504 Highway 2, Newtonville, Ontario file
August 6, 2021
number ZBA 2021-0008
Email
Page194
Newcastle BIA MINUTES June 10, 2021
www. vi l lao,eof n ewcastle. ca
Attendance: Janeen Calder, Marni Lewis, Jane Black, Councillor Marg Zwart, Theresa
Vanhaverbeke, Adam Jeronimo -CBOT, Councillor Granville Anderson, Helen
Vatandoust, Tracey Yates
Regrets: Greg Lewis, Valentine Lovekin
1. Meeting called to order at 9:02 a.m.
2. Approval of May Minutes
Motion by: Janeen Calder Seconded by: Jane Black Carried
3. Business Arising from Minutes: n/a
4. President's Report n/a
5. Treasurer's Report:
Ask Sue for bank balance at the beginning of every month.
6. Council Report:
Watch for the updated CIP grant, qualifications have changed. Businesses
can reapply. The questions are not as intrusive and personal now. We will
circulate to the BIA once it has been released. The Mayor is plannig an
end of covid celebration, details to follow.
7. Committee Reports:
Safety Et Decor:
n/a
Advertising:
The hiring committee, of Theresa, Janeen and Marni held interviews along
with the Orono BIA for a replacement for our social media/website
maintenance. We have hired Angela Booth Malleau in the Social Media/
Website role for a 6 month contract. We will advertise in the Fall for a
candidate to start in 2022. Angela will attend the August meeting with an
update on posts.
Page195
Special Events:
a) Town Hall Lighting - Janeen hasn't heard anything about the letter she
sent requesting the MOC financially support the lighting. Marg suggested
she forward it to Council and the Mayor.
b) Breakfast with Santa- Potentially November 27th
c) Santa Parade - Still have to wait for guidance from the DRPS.
d) Harvest Festival - n/a
Digital Main Street is completed. They are planning a 3.0 Program, details to
come out shortly.
Rapid Testing kits are still available for businesses with less that 150
employees, please go to cbot.ca/rapidscreening for more information.
9. Chamber News:
Met with the Joint Chambers and discussed a number of businesses that did
closed due to covid in the Durham Region. Granville will look into any stats
they have.
10. CIP: n/a
11. New Business:
The BIA would like a visa, to pay for the website annual fees (in the past a
volunteer would have to pay and we would reimburse them). CIBC will not
allow the BIA to get one without one of our volunteers to do a full credit check.
Can the MOC provide a credit card under the BIA? Granville will look into for
US.
Page 196
12. Next meeting, Thursday, August 12th, 9:00am @ Town Hall
13. Motion to adjourn meeting
by Janeen Calder seconded by Helen Vatandoust
Page197
Newcastle BIA MINUTES August 12, 2021
www. vi l lao,eof n ewcastle. ca
Attendance: Janeen Calder, Marni Lewis, Jane Black, Councillor Marg Zwart, Theresa
Vanhaverbeke, Lina Schmahl, Angela Malleau
Regrets: Greg Lewis, Valentine Lovekin, Adam Jeronimo, Helen Vatandoust, Granville
Anderson
1. Meeting called to order at 9:OOa.m.
2. Approval of May Minutes
Motion by: Janeen Calder Seconded by: Lina Schmahl Carried
3. Business Arising from Minutes:
The BIA was looking at getting a Visa card. Marni has spoken to Trevor Pinn
at the MOC and they have a Visa option for us, but we really only need it for
a once a year payment. Trevor mentioned there is a second option he may
have, I will reach out to him and get that option for the next meeting.
4. President's Report n/a
5. Treasurer's Report:
The current bank balance is $79,064.77. We will get a 12 month income
statement, balance sheet and budget year to date update for the September
meeting.
6. Council Report:
The accessibility parking spot is planned to go in front of the Town Hall. It
was mentioned that a better option may be in front of the cenotaph, and
not block any parking for the Town Hall. Marg will take that plan to the
committee.
Is Newcastle interested in sharing a summer student between the 3 BIAs for
2022? Yes, Newcastle would be interested, depending on costs and budgets.
Are the trees coming in the Fall? It was brought to the attentions of Steve
Brake at our March BIA meeting.
7. Committee Reports:
Page198
Safety 8t Decor:
n/a
Advertising:
Engagement reach has increased 750%.
July/August reached 1121 on Instagram and 4694 people on facebook.
Facebook has 1974 likes
Instagram has 1266 following
Website is still getting a lot of hits, more men than women.
Special Events:
a) Town Hall Lighting - Janeen is going to ask MOC about having permanent
lights on the Town Hall. The committee will be confirming a date for the
lighting and start planning in the near future. Our request for funding
the lighting is on the Council agenda for September 13th.
b) Breakfast with Santa- not going ahead.
c) Santa Parade - n/a
d) Harvest Festival - n/a
Digital Main Street 3.0 is currently available. Businesses that have not
received the $2500 grant in the past are able to apply for funds to help with
their online presence. If you are interested in the grant, contact
AdamCcbot.ca
Rapid Testing kits are still available for businesses with less that 150
employees, please go to cbot.ca/rapidscreening for more information.
We are having our first in person networking event on August 19th at
Archibald's Winery.
Page 199
9. Chamber News:
They are working with the Durham College Student Program. More details to
follow.
10. CIP:
The CIP Grant criteria has changed and businesses should re -apply to receive
covid funding that is available from the Municipality.
11. New Business:
The BIA is entitled to garbage pick up twice a week, every Tuesday and
Thursdays west of Mill St.or Fridays east of Mill St.
12. Next meeting, Thursday, September 9th, 9:00am @ Town Hall
13. Motion to adjourn meeting
by Janeen Calder seconded by Marni Lewis
Page 200
Minutes Orono DBIA Meeting May 13, 2021— 8:00 am Zoom
Present: Karen Lowery, Julie Cashin-Oster, Councillor Margaret Zwart, Perry Kirkbride (Orono Town Hall), Tina
Barrie, Adam Jeronimo — Business Development Lead CBOT
Agenda: Updates on Benches & Bike Racks and Brochures, Canada Flags, promotion ideas for downtown,
CBOT Update
Benches — 7 ordered, 2 will be assessable. One assessable bench will be at the town hall which will have the
arm rest in the middle. Bike Racks — will be fitted in a week or so.
Flags — Ian is still looking into a quote for flags for the Man Street. Julie will ask MP Philip Lawrence's office
maybe we can get a flag to replace the one at town hall.
Orono Brochures —
Social Media Person — update from Councillor Zwart. The municipality has passed a motion to provide funding
to the BIAS for social media engagement. The $30,000 Social Media Grant is based on assessment. The
allocations are as follows: Bowmanville BIA $13,949, Newcastle BIA $14,548 and Orono BIA $1,504. Councillor
Zwart reported that Bowmanville BIA already has a social media person and they aren't interested in looking
after Newcastle and Orono. Initially the thought was one person could look after all three.
At the next Newcastle BIA meeting Councillor Zwart will have them connect with Karen and Julie about the
role.
CBOT update —Adam provided an update regarding the COVID rapid screening tests that are available to
businesses for staff testing. The kits are available free of charge in lots of 25 tests. It is recommended that
testing is done every two weeks. It is required that prior to receiving tests business owners watch a video that
details how to administer the test and next steps.
Promotional ideas for downtown businesses — Karen had an idea of getting bags printed — paper or reusable,
with all the businesses/info on them and everyone in town use them. Tina had a suggestion for the summer
months of printing a passport — selling them for $10 (money raised donated to Clarington Hospice). Customers
get a stamp when they visit (make purchase?) a local business and receive a small gift — when the passport is
full the enter into a grand prize draw. It of course depends on how the opening of the province goes.
Town Hall Update — Perry K
The board is still hoping to do the drive-thru Spaghetti Dinner Fundraiser (postponed due to lock -down) once
things open up. There is a virtual Town Hall Opening on June 2 to show off the new elevator and accessible
washrooms.
Next Meeting: Need Approval on March and April Minutes — need quorum at meetings
Next Meeting: June 10, 2021 8:00 am — via Zoom
Adjourned at 8:45 am
Page 201
ODBIA Meeting Agenda
June 10, 2021
8:00 a.m. ZOOM — link sent to members
Present: Karen L, Julie C-0, Frank M., Tina B., Councillor M. Zwart
Regrets:
Absent:
Guest: Adam J. - CBOT
Motion: Approval of minutes from April 8 and May 13 — Still no quorum will have to hold off until September
Motion: Approval of the Agenda:
Updates - Karen
1. Flags, Benches, Bike Racks, Brochure
Ian is getting quotes on Canada Flags to hang through the Main St. for Canada Day. Thank you to MP Philip Lawrence
for donating two flags — one to replace the torn flag at Town Hall and one to put somewhere else. Benches we
received $3670 from Capstone this year enough for three benches. One of the benches we will be giving to the
Orono Horticultural Society for their 100th Anniversary Gardens. We had everything arranged for the delivery and
installation of this year's 5 benches — Region and Municipality were both out to discuss placement, Region had said
they were fine with what we wanted and as long as the municipality was ok with it we were good to go. The day
before installation Karen checked in with municipality only to be told they were waiting for the region to sign off on
it. Karen called and cancelled the delivery/installation. The company does not have the means to store the benches
and we do not have a place to store them. Update to follow.
We ordered before March 30, 2021 to receive a discounted price. We paid a deposit with balance due on delivery.
Karen suggested we pay the full amount owning for the benches and hopefully they can be delivered/installed soon.
Bike Racks — the bike racks that were suppose to be installed last summer, we have been informed by the
municipality that they will be installed this September.
Brochure — our brochure is being printed by the municipality (COVID grant) we expect it soon.
2. Update Social Media grant $1520
$30,000 was divided up between the 3 BIAs — it was split according to the tax base. Julie has a Durham College
student doing some freelance work for her, Meagan Secord —journalism/video. Meagan also has a social
media/promotion business. With the money we have we figured 3/hrs per week, 12/hrs per month. Meagan will
visit downtown businesses and post content (videos, photos etc) on the ODBIA social media (Instagram/FB) as well
as share posts and cover events (when we can safely have them again) etc.
3. Canada Day colouring contest — we can change the date on last years and have that available.
4. Financial Update
CIBC balance — $20,617.93, plus the $3500 from Capstone. We have a new bookkeeper, Sarah Bunting $400/year.
CBOT Update —Adam J. — Still supplying Rapid Screening Tests to local business, Tyler (Digital Main Street) is finished,
there is talk of bringing back the Digital Main Street Grant
New Business: Karen L and Julie C-0 will be putting their resignations forward in September, will not be returning as
Chair and Secretary in 2022.
Page 202
Time adjourned: 8:20
Next meeting: September 9, 2021 —Time and Location TBD (unless a meeting is needed during the summer)
Page 203
GANARASKA REGION CONSERVATION AUTHORITY
MINUTES OF THE BOARD OF DIRECTORS
June 17, 2021 (via Zoom)
G RCA 04/21
1. Welcome and Call to Order
The Chair called the Ganaraska Region Conservation Authority (GRCA) Board of
Directors meeting to order at 7:15 p.m.
MEMBERS PRESENT: Jeff Lees, Chair - Municipality of Port Hope
Mark Lovshin, Vice Chair - Township of Hamilton
Tim Belch - Township of Cavan Monaghan
Nicole Beatty - Town of Cobourg
Brian Darling - Town of Cobourg
Vicki Mink - Municipality of Port Hope
Joe Neal - Municipality of Clarington
Tracy Richardson - City of Kawartha Lakes
Margaret Zwart - Municipality of Clarington
ALSO PRESENT: Linda Laliberte, CAO/Secretary-Treasurer
Cory Harris, Watershed Services Coordinator
Ken Thajer, Planning and Regulations Coordinator
Gus Saurer, Forester
Ed Van Osch, Forest Recreation Technician
ABSENT WITH
REGRETS:
ALSO ABSENT: Greg Booth - Township of Alnwick/Haldimand
2. Disclosure of Pecuniary Interest
None.
3. Minutes of Last Meeting
G RCA 24/21
MOVED BY:
SECONDED BY:
Tracy Richardson
Brian Darling
THAT the Ganaraska Region Conservation Authority approve the minutes of the May 20,
2021 meeting.
CARRIED.
Page 204
Minutes GRCA Board of Directors 04/21 Page 2
4. Adoption of the Agenda
GRCA 25/21
MOVED BY: Nicole Beatty
SECONDED BY: Mark Lovshin
THAT the Ganaraska Region Conservation Authority adopt the agenda as amended.
CARRIED.
5. Delegations
None.
6. Presentations
a) Graham/Wilmot Creek Flood Plain Mapping Study Update
Cory Harris, Watershed Services Coordinator, provided an overview of the
Graham/Wilmot Creek Flood Plain Mapping Study. He provided the members
information on the background and need for the project as well as an overview of LiDAR
and the survey program. He addressed the need for property access to get accurate
information in order to have the smallest flood plain necessary. He also provided
information on hydrologic and hydraulic model inputs as well as the timelines with regards
to the project.
Members of the board asked questions with regards to how the updated mapping may
impact the environmental protection lands as part of the Zone Clarington exercise which
staff addressed that this would not have a significant impact. The existing zoning maps
from 1977 are included in the existing EP land and the work being completed as part of
this project would update and refine the previous flood plain limits. Staff also addressed
the response rate from the public as being quite positive. A member also requested that
any landowners that have a material change in the flood plain limits on their property be
contacted to inform them of the changes.
GRCA 26/21
MOVED BY: Vicki Mink
SECONDED BY: Nicole Beatty
THAT the Ganaraska Region Conservation Authority receives the presentation regarding
the Graham/Wilmot Creek Flood Plain Mapping Study Update for information.
CARRIED.
7. Business Arising from Minutes
GRCA 27/21
MOVED BY: Tim Blech
SECONDED BY: Mark Lovshin
THAT the Ganaraska Region Conservation Authority Board receives this staff report for
information regarding the management and harvesting of the Ganaraska Forest's oak
trees and hardwood stands.
CARRIED.
Page 205
Minutes GRCA Board of Directors 04/21 Page 3
8. Correspondence
a) 07/21 Ministry of Environment, Conservation and Parks
G RCA 28/21
MOVED BY:
SECONDED BY:
Nicole Beatty
Tracy Richardson
THAT the Board of Directors received for the correspondence for information.
CARRIED.
9. Applications under Ontario Regulation 168/06:
Permits approved by Executive:
G RCA 29/21
MOVED BY: Brian Darling
SECONDED BY: Vicki Mink
THAT the Board of Directors receive the permits for information.
CARRIED.
Permit Application requiring Ganaraska Region Conservation Authority Board of Directors
discussion:
None
10. Committee Reports:
a) Ganaraska Forest Recreational Users Committee
Board members asked questions with regards to increased ATV traffic in the forest.
G RCA 30/21
MOVED BY: Joe Neal
SECONDED BY: Mark Lovshin
THAT the Ganaraska Forest Recreational Users Committee minutes of the June 3, 2021
meeting be received for information.
CARRIED.
11. New Business:
None
12. Other Business
a) Response to the Province on the Regulatory Proposals Under the Conservation
Authorities Act
Linda Laliberte, CAO/Secretary-Treasurer, provided an overview of the staff report. Mark
Lovshin asked if the term of the memorandums of understandings with the municipalities
had been defined and requested it be included in the comments.
G RCA 31 /21
MOVED BY: Mark Lovshin
SECONDED BY: Nicole Beatty
Page 206
Minutes GRCA Board of Directors 04/21
Page 4
THAT the Board of Directors received for the correspondence for information with further
information coming to the June's Board of Directors meeting.
CARRIED.
13. In Camera
None.
14. Adjourn
The meeting adjourned at 8:28 p.m. on a motion by Joe Neal.
CHAIR
CAO/SECRETARY-TREASURE R
Page 207
Minutes for the Solina Community Centre Meeting
July 21, 2021 - 7PM. Solina Community Centre
Welcome - With Covid precautions in place we were able to meet in
person. Jenny welcomed everyone back.
Members Present - Herb Tink, Don and Karen Dair, Ron and Bev
Whitbread, Janice Jones, Natasha, Eric and Jenny Bowman.
Regrets - Brandon Baker, Joe Neal
Minutes of the July 23, 2020 meeting were read. With no errors or
omissions noted Karen Dair made the motion to approved the minutes as
read and Eric Bowman seconded the motion. Carried.
Treasurer's Report - Herb Tink gave the Treasurer's reports as of
December 2020 and July 21, 2021. All questions were answered and the
motion to accept the Treasurer's Report was made by Don Dair and
seconded by Ron Whitbread. Carried. Report will be included in minute
book.
Items for Discussion
Kitchen floor - In October of 2020 the float on the sump pump stuck and
flooded the kitchen floor. Although it was cleaned up there was still
damage to the tiles and the decision was made to replace the floor for
safety reasons. The tiles are to be replaced by Floortrends, Bowmanville
before the Hall opens. The decision had been made in January by an
online vote. The Town is doing this for us.
Benches in the front park - The two old benches in the front park were
removed and John Goslinga made two new ones. He donated one of
them to the park. We put plaques on both benches. One in memory of the
Solina Silver Set/ Solina Women's Institute and one on the other bench
recognizing the donation by Shirley and John Goslinga . The tree behind
the north bench was donated by Karen Dair. It was her Arbor Award for
4H. Andrew Louws donated the tree and the planting of the tree.
Re -opening of the Community Centre - after much discussion on the pros
and cons of reopening Don Dair made the motion that the Hall will remain
Page 208
closed until October 1, 2021. We will revisit the decision at that time. Tasha
Bowman seconded the motion. Carried
Report from the Park -Herb noted that the Park had been closed for 2020.
It opened mid July 2021 for league play with Step 3 Covid restrictions for
parks and outdoor venues in place. A porta potty will be used as the
Washrooms are closed. There will only be one picnic table available for
those people who do the scoring. There will be no BBQ's until further
notice. Chris MacKenzie, Brandon Baker and Ken Ashton have been
working on the ball diamonds because they were in rough shape due to
lack of use and lack of care in 2020.
Garbage - this spring we have found more household/car garbage in our
bins at the park. There is very little we can do about it but it has become a
bigger problem this year. Janice said it is Clarington wide issue.
Herb reported that our garbage disposal bins are still on hold with no
charge. It is a three year contract and so we are committed but with no
rentals we decided to put it on hold and the Hall and Park Boards
volunteers are picking up the garbage when The Town doesn't.
The existing wooden garbage bin ( east side of the Hall) that we used to
use is to be removed and destroyed. Jenny and Eric will take care of that.
The telephone has been cancelled as it is no longer necessary because a
cell caller was added for the AED. We have a Facebook page and the
telephone number is on the sign for rental contact. People carry cell
phones now and therefore should Emergency Services be needed they
would most likely use their personal phone.
September Cleaning Report - the Hall and Park Boards had a fall clean
up at the Park in September. The storage container, Park booth and
storage and soccer nets were the object of the clean up. There was
several years of " collectables" that found their way to trucks and
eventually the dump. Two soccer nets were dismantled and stored until
needed.
Grants - Herb reported that we received the Community Grants
($2500.00 each) from Clarington in 2020 and 2021. We also received the
Page 209
Covid Relief Grant in 2020 ($2500.00). Herb has applied for $1500.00
Reopening Grant for September 2021.
Covid Community Celebration - Clarington Tourism is attempting to
organize a Covid Celebration in September. After much discussion and the
fact that we are unsure of the Covid situation ( possible 4th wave) we
decided not to participate. It would be a lot of money spent if we had to
cancel the event. Motion to not participate in the Covid Community
Celebration was made by Bev Whitbread and seconded by Herb Tink.
Carried.
Park is being used as an off leash dog park. We are having trouble with out
of town folks coming to walk their dog ( off leash) and leaving deposits
that are not pleasant for those who walk, play ball or cut lawns. The Town
is looking into getting signs to post in an attempt to stop or least reduce
the number of unleashed dogs. We even had them using the tennis court
as a dog walking pen.
The lawn mower was out for repairs for 2 weeks so Ken Ashton
volunteered his equipment and time and cut the lawns for us. It was
decided we should give him gift cards as we really appreciated the help.
Motion made by Karen Dair and seconded by Bev Whitbread to purchase
gift cards. Karen and Don Dair will look after this along with a card of
thanks.
Hearing no more items for discussion Don Dair called for the adjournment
of the meeting at 8:05 PM.
Page 210
Annual General Meeting Solina Community Centre followed Board Meeting
on July 21, 2021 8:10 PM Solina Community Centre
Jenny had already welcomed everyone to the Board Meeting.
Members Present - Herb Tink, Don and Karen Dair, Ron and Bev
Whitbread, Janice Jones, Natasha, Eric and Jenny Bowman.
Regrets - Brandon Baker. Joe Neal
Minutes - The March 5, 2020 were reviewed.
Motion to accept minutes as reviewed Natasha Bowman and seconded by
Herb Tink. Carried.
Treasurer's Report. This report had already been given, reviewed and
accepted in the Hall Board Meeting.
Park Board - no report as Park was closed.
Centre Board - small report follows.
Board Executive for 2021
Jenny Bowman - Chairperson and Secretary
Herb Tink - Treasurer
Directors - Ron and Bev Whitbread - rental co-ordinators, Karen Dair
Park Board - Chair - Brandon Baker, Chris MacKenzie and Herb Tink
Volunteers
Ken Ashton
Don Dair - grass maintenance
Eric Bowman, Tasha Bowman
Kathy Baker
A motion made by Eric Bowman to accept the 2021 Solina Community
Board Executive and seconded by Ron Whitbread. Carried
Jenny called for a motion for Herb to pay the all bills for the Park and
Community Centre. Motion by Karen Dair and seconded by Natasha
Bowman. Carried.
Meeting adjourned 8:30 by Don Dair.
Page 211
Town of
�x
By the Lake
Hon. Caroline Mulroney
Ministry of Transportation
5th Floor, 777 Bay St.
Toronto, ON M7A 1Z8
carol ine.mulroneyco(a_pc.ola.org
Sent by E-Mail
June 24, 2021
Re: Vehicle Noisemaker Muffler Systems
TOWN OF AJAX
65 Harwood Avenue South
Ajax ON L1S 3S9 www.aiax.ca
The following resolution was passed by Ajax Town Council at its meeting held June 21, 2021:
WHEREAS according to section 75 of the Highway Traffic Act (HTA), every motor vehicle
shall be equipped with a muffler in good working order and in constant operation to prevent
excessive or unusual noise and excessive smoke, and no person shall use a muffler cut-out,
straight exhaust, gutted muffler, Hollywood muffler, by-pass or similar device upon a motor
vehicle;
AND WHEREAS the act of modifying the exhaust system of a motor vehicle is not currently
an offence under the HTA, and as a result muffler and auto -body shops continue to provide
such services to individuals who choose to modify their vehicles which could make these
vehicles less safe;
AND WHEREAS Durham Regional Police Service has been actively laying charges (49 to
date) pursuant to section 75 of the HTA against motor vehicle operators whose vehicles make
excessive or unusual noise or produce excessive smoke from muffler systems that have been
modified;
AND WHEREAS Ajax Council continues to receive negative feedback about an increase in
noise due to modified vehicles on Regional and local roads;
AND WHEREAS on October 28, 2019, the Province of Ontario introduced Bill 132, Better for
People, Smarter for Business Act, 2019 which in part sought to amend the HTA to include a
new section 75.1 that will make it an offence to tamper with motor vehicles by (a) removing,
bypassing, defeating or rendering inoperative all or part of a motor vehicle's emission control
system or (b) modifying a motor or motor vehicle in any way that results in increased
emissions from the level to which it was originally designed or certified by the manufacturer
of the motor or motor vehicle, as well as prohibit the sale of tampering devices that can create
excessive noise or smoke on our streets and in our neighbourhoods;
AND WHEREAS Bill 132 received Royal Assent on December 10, 2019, however, the
Lieutenant Governor has not yet proclaimed section 75.1 of the HTA;
Page 212
AND WHEREAS the City of Mississauga has passed two motions (August 2020 and May
2021), and Region of Peel also passed a motion (May 2021) calling on the Province of Ontario
to immediately proclaim and bring into force section 75.1 of the HTA;
NOW THEREFORE BE IT RESOLVED THAT:
1. Ajax Council urge the Province of Ontario to work with the Lieutenant Governor to expedite
the proclamation of section 75.1 of the Highway Traffic Act (Better for People, Smarter for
Business Act, 2019, S.O. 2019, c. 14, Sched. 16, s. 11);
2. The Ministry of Transportation be requested to set a maximum decibel count for exhaust
systems to ensure that exhaust systems with the capability of exceeding 80 decibels will
not be available for sale and will not be permitted in the Province of Ontario, and consider
reviewing and increasing associated penalties for non-compliance;
3. The Province of Ontario be requested to provide funding for police services in Ontario to
be equipped with approved decibel monitor devices to aid in effective enforcement efforts;
and
4. A copy of this motion be sent to the Hon. Caroline Mulroney, Minister of Transportation,
the Hon. Rod Phillips, Minister of Long -Term Care and MPP for Ajax, all Durham Region
Members of Provincial Parliament, the Region of Durham, all Durham municipalities,
Durham Regional Police Service, and the Ontario Provincial Police.
If you require further information please contact me at 905-619-2529 ext. 3342 or
alexander.harras(a)aiax.ca.
Sincerely,
Alexander Harras
Manager of Legislative Services/Deputy Clerk
Copy: Regional Councillor M. Crawford
Councillor R. Tyler Morin
Hon. Rod Phillips, Minister of Long -Term Care and MPP for Ajax
All Durham Region MPPs
Region of Durham
All Durham Region municipalities
Durham Regional Police Services
Ontario Provincial Police
Page 213
Patenaude, Lindsey
From: Patenaude, Lindsey
Sent: Thursday, August 12, 2021 8:34 AM
To: Patenaude, Lindsey
Subject: FW: proposal for council from Newcastle BIA
From: Janeen Calder <ianeenrmt@hotmail.com>
Sent: Wednesday, August 11, 2021 11:03:07 PM
To: Gallagher, June <JGaIlagher@clarington.net>
Subject: proposal for council from Newcastle BIA
EXTERNAL
To Mayor Foster and Council
I am reaching out on behalf of the Newcastle BIA Town Hall Lighting committee. I have organized the event
along with other volunteers since its inception in 2018. 1 am asking for help in funding of the Newcastle
Community Hall. In previous years we have been able to fundraise to pay for the lighting.
As you are aware, Covid has put a stop to all events in our community. Last year we were not able to afford
to pay for the lights to be installed on the Newcastle Community Hall. So instead, we used the money in our
BIA budget and purchased lights for the parkette at the hall. We did a Facebook live video of the countdown
for the lighting. It was our way to bring some joy to the Newcastle community during a difficult year. We
received very positive feedback from the residents about how much they enjoyed being able to come
downtown and see the parkette all lit up for the holiday season.
I am asking council to consider funding the lighting of the Newcastle Community Hall this year. The average
cost for the installation of the exterior lights on the Community hall has been roughly $5000 in the past. I
hope you will consider helping us light up the Newcastle Community hall this year.
If you have any questions, please do not hesitate to contact me.
Thank you in advance
Janeen Calder
Newcastle Massage Therapy
Newcastle BIA
Page 214
CU W SU 377, rue Bank Street,
Ottawa, Ontario K2P 1 Y3
tel./tel. 613 236 7238 faxltelec. 613 563 7861
February 12, 2021
Subject: Request for Support for Delivering Community Power
Dear Municipal Leaders,
In 2016, the Canadian Union of Postal Workers, with a coalition of allies, launched Delivering
Community Power— a visionary program for Canada Post to confront climate change, promote
better access to expanded services, bring financial inclusion to unbanked and underbanked
communities, and address other social inequalities — all by making the most of our existing
public postal service network.
Today, while progress has been made on many of the initiatives in the vision, the situation has
become more urgent. Effects of climate change are deadly and are affecting nearly every part
of society all around the world. The COVID-19 pandemic has revealed the need for a more
equal, more resilient society that prioritizes the health of our must vulnerable neighbours and
loved ones, before profit. We are relying more than ever on the internet to connect people and
to do our business, but rural residents are getting second-class service.
The continuing decline of letters combined with a dramatic rise in parcels from e-commerce
makes it plain to see: the postal service has to adapt to a new reality. This is a great opportunity
to address multiple problems at once, with a valued public infrastructure that connects
everyone in their own community.
Please consider proposing the attached resolution to have your municipality endorse the
campaign for expanded services, financial viability, climate action, and — all through leveraging
our public postal system. The time is now!
Thank you for your support!
Jan Simpson
National President
Canadian Union of Postal Workers
//dn cope 225
Canadian Union of Postal Workers
The struggle continues
Syndicat des travailleurs et trava i I le uses des pastes La lutte continue
Page 215
CLC/CTC - FTQ - UNI
"What's beautiful about
Delivering Community
Power is how it
takes on economic,
environmental
and social issues
at the same time."
NAOMI KLEIN
C,
To make a reimagined Canada
Post a reality, we need people
across the country to let the
government know it's time to act.
Here's what you can do:
1. Join us online and stay connected
to the campaign
2. Visit
www.Del iveringCommunityPower.ca
and sign up to keep up with the latest
3. Bring the campaign to your
community
4. Write an Op -Ed in your local
publication in favour of the Delivering
Community Power plan
5. Collect petition signatures Et show
your MP that it's what voters want
6. Support your postal workers in
their negotiations with Canada
Post —they've put these proposals
on the bargaining table!
J�
DELIVERING
' '' COMMUNITY
0 � POWER
,w
x
r F y -AW
n 4 A0 -
ro
i_14
DELIVERING
COMMUNITY
POWER
Reimagining Canada Post with
services to support every community.
�CL'L@ l&1979
www.DeliveringCommunityPower.ca
While Amazon chases record profits, big
banks abandon rural communities, and cell
and internet companies charge sky-high
fees, postal workers have a plan that leaves
no one behind.
Imagine a climate -friendly postal service
that helps elders live in their homes longer,
delivers local food to your door, and brings
high-speed internet to every corner of the
country.
Imagine post offices with solar panels on the
roofs, electric charging stations outside, and
a union -made zero -emissions fleet on the
roads.
A truly sustainable model that not only
delivers green solutions but pays for itself by
providing low -fee banking services to cities,
towns and Indigenous communities,
no matter how small or remote.
It's win -win -win.
And postal workers have
a plan to deliver it.
i
OUR PLAN
New services to support every community
We're reimagining Canada Post with expanded
services for all, including:
A Postal banking
F. Elder check -ins
High-speed internet
Affordable food delivery
Electric vehicle charging
Community hubs
HOW WE'LL FIGHT CLIMATE CHANGE
Green the Canada Post fleet with union -
made electric vehicles, creating green jobs in
Canada and significantly reducing our carbon
output.
Retrofit Canada Post buildings with solar
panels for cost savings and to help fight
climate change.
Expand the use of Canada Post as the
consolidated last mile delivery to ease
congestion and pollution in our cities caused in
part by too many delivery trucks that aren't full
to capacity.
As Canada's largest public infrastructure, Canada
Post not only has a large footprint, but it can also
have substantial influence and lead the way for
other Canadian companies to become more
sustainable. Page 217
SUPPORT DELIVERING COMMUNITY POWER
Whereas there is an urgent need for banking services among the unbanked or
underbanked, given that thousands of villages and rural municipalities do not have a
bank branch and more than 900 municipalities have expressed their support for postal
banking;
Whereas thousands of Canadians do not have access to affordable high-speed Internet,
and the federal government has long promised to bridge the rural broadband gap;
Whereas urgent action is needed to establish a robust network of electric vehicle
charging stations;
Whereas to achieve carbon -neutral targets by 2050, Canada Post must greatly
accelerate the electrification of its fleet;
Whereas the extensive network of post offices in our communities can provide a wide
range of services as community hubs;
Whereas Canada Post's letter carriers and RSMCs can check -in on vulnerable residents
to help keep us in our homes longer as we age;
Whereas Canada Post must play its part for a more equitable post -pandemic recovery;
Whereas "The Way Forward for Canada Post," the report of the 2016 federal public
review of the postal service, recommended that Canada Post expand services and adapt
its services to the changing needs of the public;
Whereas the Canadian Union of Postal Workers has advanced Delivering Community
Power, a vision of the post -carbon digital -age postal service that address the above
needs and more;
Be it resolved that endorse Delivering
Community Power, and write to the Honourable Anita Anand, Minister for Public
Services and Procurement, with its rationale and a copy of this resolution.
Page 218
MAILING INFORMATION
Please send your resolution to: Anita Anand, Minister of Public Services and
Procurement, Rm 18A1, 11 Laurier Street Phase III, Place du Portage, Gatineau, QC,
K1A OS5
Please send copies of your resolution to:
Jan Simpson, President, Canadian Union of Postal Workers, 377 Bank Street, Ottawa,
Ontario, K2P 1Y3
Your Member of Parliament. You can get your MP's name, phone number and address
by calling 1-800 463-6868 (at no charge) or going to the Parliament of Canada website:
https://www.ourcommons.ca/Members/en
Please save this document using the name of your organization or municipality in the
document's name.
//dn cope 225
Page 219
Patenaude, Lindsey
From: Patenaude, Lindsey
Sent: Wednesday, September 8, 2021 9:01 AM
To: Patenaude, Lindsey
Subject: FW: Honouring Indigenous Peoples
Attachments: inbound60029773296166662380613506c-ebf6-497f-b615-c554bdbd8226 jpg
-----Original Message -----
From: info@clarington.net <info@clarington.net> On Behalf Of Brenda MacNaughton
Sent: September 5, 2021 8:19 PM
To: Mayor Shared Mailbox <mayor@clarington.net>
Subject: Honouring Indigenous Peoples
EXTERNAL
Hello! You will see a beautiful crosswalk in the photo attached. It is on Orangeville. It made me think
that Bowmanville has very little to publicly recognize the Indigenous Peoples who have lived here and
who live here today. Does Clarington have a committee working on this yet? Could we recognize
that this is the traditional territory of Scugog Island First Nation? Could we recognize the contributions
of the M6tis and the Inuit who are from Clarington? The Truth and Reconciliation Calls to Action
would be an excellent place for our community to start. Building relationships with Indigenous
Peoples is critical, especially now that we are so very aware of the atrocities that have occurred.
Residential schools, the sixties scoop, missing and murdered women and girls and the way treaties
were negotiated in the past are just a part of the horrific treatment of Indigenous Peoples our colonial
based society has participated in. Please take steps in Clarington to remedy this situation. A cross
walk like this is one suggestion but our local Indigenous Peoples may have other ideas. Let's listen
and take action.
Origin:
https://can01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.clarington.net%2Fen°/o2F
town-hall%2FMayor-and-
Council.asp&data=04%7C01 %7Chkeyzers%40clarington.net% 7C051837ca4ca3492f062d08d97
Ocbe98c%7C2c663e0f310e40c2a196f341569885a9%7CO%7CO%7C637664843362676527%7CUnk
nown%7CTWFpbGZsb3d8eyJWljoiMC4wLjAwMDAiLCJQljoiV2luMzliLCJBTil6lk1 haWwiLCJXVCI6M
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3e0f310e40c2a196f341569885a9%7CO%7CO%7C637664843362686524%7CUnknown %7CTWFpb
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Page 220
4f
Patenaude, Lindsey
From: Patenaude, Lindsey
Sent: Wednesday, September 8, 2021 10:39 AM
To: Patenaude, Lindsey
Subject: FW: Indigenous Tribute
Attachments: indigenous360bcabf-b812-49aa-b3e4-7cf87e54857a.html
-----Original Message -----
From: info@clarington.net <info@clarington.net> On Behalf Of Michelle Bell
Sent: September 6, 2021 12:53 PM
To: Mayor Shared Mailbox <mayor@clarington.net>
Subject: Indigenous Tribute
EXTERNAL
I've seen a crosswalk painted orange with white feathers in honour of indigenous people
#everych i Id matters. Dr.
7 feathers to represent the 7 grandfather teachings of wisdom, love, respect, bravery, honesty,
humility and truth.
Can this be done in bowmanville?
Origin:
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town-hall%2FMayor-and-
Council.asp&data=04%7C01 %7Chkeyzers%40clarington.net%7Cf3bd320075314f0ef31 a08d97
156c26c%7C2c663e0f310e40c2a196f341569885a9%7CO%7CO%7C637665443896601686%7CUnk
nown%7CTWFpbGZsb3d8eyJWljoiMC4wLjAwMDAiLCJQljoiV2luMzliLCJBTil6lk1 haWwiLCJXVCI6M
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3e0f31 0e40c2a196f341569885a9%7CO%7CO%7C637665443896601686%7CU nknown%7CTWFpb
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Page 222
Patenaude, Lindsey
From: Patenaude, Lindsey
Sent: Wednesday, September 8, 2021 10:40 AM
To: Patenaude, Lindsey
Subject: FW: Indigenous Crosswalk painting
-----Original Message -----
From: info@clarington.net <info@clarington.net> On Behalf Of Lynn Fitzpatrick
Sent: September 6, 2021 10:30 AM
To: Mayor Shared Mailbox <mayor@clarington.net>
Subject: Indigenous Crosswalk painting
EXTERNAL
Hello.
A recent post on Facebook pictured a crosswalk in Orangeville painted orange with 7 feathers in
tribute to the indigenous culture.
This would be something wonderful to see in Clarington. If we can have a rainbow pride crosswalk,
why not one to celebrate the people of this country?
Origin:
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town-hall%2FMayor-and-
Council.asp&data=04%7C01 %7Chkeyzers%40clarington.net%7C7defc02f464c4e88a0f708d971
42d540%7C2c663e0f310e40c2a196f341569885a9%7CO%7CO%7C637665354126185394%7CUnkn
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0%3D%7C1000&sdata=6FtifQo1 zUoS4eLd%2F17iC12%2FB2T%2BZCBHN%2FiytNbJzbw%3D
&reserved=0
-------------------------------------
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Page 223
Patenaude, Lindsey
From: Patenaude, Lindsey
Sent: Wednesday, September 8, 2021 10:43 AM
To: Patenaude, Lindsey
Subject: FW: Indigenous support
-----Original Message -----
From: info@clarington.net <info@clarington.net> On Behalf Of Melanie Barton
Sent: September 5, 2021 10:17 PM
To: Mayor Shared Mailbox <mayor@clarington.net>
Subject: Indigenous support
EXTERNAL
In light of the horrendous discoveries of our first Nations children in unmarked and mass graves I
think we as a municipality living on territory that was their homeland need to show our support and
share this grief in a meaningful way.
-------------------------------------
Origin:
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town-hall%2FMayor-and-
Council.asp&data=04%7C01 %7Chkeyzers%40clarington.net%7C4aaeefedb9394bc5bd3408d97
Odc787c%7C2c663e0f310e40c2a196f341569885a9%7CO%7CO%7C637664914489923584%7CUnk
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3e0f31 0e40c2a196f341569885a9%7CO%7CO%7C637664914489933578%7CU nknown %7CTWFpb
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ed=0.
Page 224
Patenaude, Lindsey
From: Patenaude, Lindsey
Sent: Friday, September 10, 2021 9:16 AM
To: Patenaude, Lindsey
Subject: FW: Orange Crosswalk
-----Original Message -----
From: info@clarington.net <info@clarington.net> On Behalf Of Wendy Elliott
Sent: September 5, 2021 11:19 PM
To: Mayor Shared Mailbox <mayor@clarington.net>
Subject:
EXTERNAL
Here's what I wrote if anyone wants ideas....
Hello! You will see a beautiful crosswalk in the photo attached. It is in Orangeville. It made me think
that Bowmanville has very little to publicly recognize the Indigenous Peoples who have lived here and
who live here today. Does Clarington have a committee working on this yet? Could we recognize
that this is the traditional territory of Scugog Island First Nation? Could we recognize the Metis and
the Inuit who are from Clarington? The Truth and Reconciliation Calls to Action would be an excellent
place for our community to start. Building relationships with Indigenous Peoples is critical, especially
now that we are so very aware of the atrocities that have occurred. Residential schools, the sixties
scoop, missing and murdered women and girls and the way treaties were negotiated in the past are
just a part of the horrific treatment of Indigenous Peoples our colonial based society has participated
in. Please take steps in Clarington to remedy this situation. A cross walk like this is one suggestion
but our local Indigenous Peoples may have other ideas. Let's listen and take action.
Origin:
https://can01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.clarington.net%2Fen%2F
town-hall%2FMayor-and-
Council.asp&data=04%7C01 %7Chkeyzers%40clarington.net%7C56c6bfee55fb4538755208d97
Oe51 cdf%7C2c663e0f310e40c2a196f341569885a9%7CO%7CO%7C637668760189297772%7CUnkn
own%7CTWFpbGZsb3d8eyJWljoiMC4wLjAwMDAiLCJQljoiV2luMzliLCJBTil6lk1 haWwiLCJXVC16Mn
0%3D%7C1000&sdata=NSMzdLDAD312%2FgOB32sH6Qg06Mefpz%2B4Y1 KuLg6WtEo%3D&
amp;reserved=0
-------------------------------------
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3e0f310e40c2a 196f341569885a9%7CO%7CO%7C637668760189297772%7CU nknown %7CTWFpb
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&sdata=x%2BpfNQnkrHQL%2FZeXzhvgEDgCITiAoT4RxCOt%2FziBVnY%3D&reserved =0.
Page 225
Ron Wakeford
84 Centerfield Drive
Courtice, Ontario
UE 1K6
Email: odyssey@bell.net
August 23rd 2021
The Mayor and Members of Council,
'Excessive Speed on Centerfield Drive
As a concerned citizen there are incidences of young males driving A.T.Ws,
motorcycles, muscle cars and sport cars recklessly on Centerfield Drive at all hours
of the day and night. They exhibit a total disregard to the speed limit and safety of
others.
1) Centerfield Drive is a long and winding street
2) Young families with children reside here
3) People frequently out walking
4) Property damage from collisions
5) People park on the sides of the street narrowing the flow of traffic down to
one lane with no safe egress
Clearly New Stops Signs will not deter these drivers. Perhaps installing enough
wide speed bumps similar to what the City of Oshawa has installed on Athol
Street may prove to be more effective in slowing down such drivers.
Thank You for your time and thoughtful consideration of this problem.
Respectfully, Ron Wakeford
email: odyesey@bell.net
Page 226
Patenaude, Lindsey
From: Patenaude, Lindsey
Sent: Thursday, August 26, 2021 11:56 AM
To: Patenaude, Lindsey
Subject: FW: Sept 1st Deadline for Ontario Government to Save Eye Care
Attachments: Provincial comparison of government exam fees.png
From: Stephynie Sargent <StephynieSargent16@neco.edu>
Sent: August 25, 2021 9:15 AM
To: Mayor Shared Mailbox <mayor@clarington.net>; Hooper, Ron <rhooper@clarington.net>; john.henry@durham.ca
Cc: oaopresident@optom.on.ca; Doug Derabbie <dderabbie@optom.on.ca>
Subject: Sept 1st Deadline for Ontario Government to Save Eye Care
EXTERNAL
Dear Mayor Adrian Foster & Councillor Ron Hooper
& Regional Chair John Henry,
Please share this letter with the council and Durham Region. Thank you.
As a local optometrist, I am writing to request that the Clarington Council and Durham Region call on the Ontario
Government to address the chronic underfunding of eye care.
For more than 30 years, previous Ontario governments have ignored our requests for a sustainable funding system.
Did you know in 1989 the Ontario government paid $39.15 for OHIP-insured eye exams? Did you know that today, 32
years later, the government only contributes an average of $44.65 per exam? That's a 14% increase over three decades!
With over four million services performed annually under OHIP, this level of funding is not sustainable.
If the government doesn't act before September 1st, 2021, millions of Ontarians are at risk of losing their access to eye
care. I'm concerned about what this will mean for my patients and my community. We know the ones who will be
impacted most are children, seniors and adults with diabetes or certain eye diseases. Due to this lack of funding,
optometrists are also limited in their ability to invest in their practices and access to eye care in rural areas is especially
threatened. This is not acceptable.
As the most populated province in the country, compared to other provinces with publicly funded optometry services,
Ontario is by far the lowest funded. For example, the funding for seniors' eye exams would have to increase more than
60% to reach the next lowest -funded province, Manitoba, and by more than 125% to reach the next lowest -funded,
Quebec. (see attachment)
Although it is the province that needs to fix the issue, the underfunding of eye care affects municipalities
too. Optometrists are simply asking for a binding, formal negotiation process and reforms to OHIP that no longer
require optometrists to have to pay out of their pocket to see patients. We are focused on creating a solution for
sustainable eye care in the future.
Optometrists are located in over 200 communities, making us the most accessible primary eye care professionals in the
healthcare system. In many of these locations, we are the only providers of comprehensive general eye care. This is why
municipalities must stand up for their residents and help protect access to OHIP optometry services.
Page 227
So far, five municipalities (Town of Oakville, Town of Fort Frances, Town of Rainy River, City of Cambridge, Municipality
of North Perth) have passed motions in support of OHIP optometry services. I'm requesting that my municipal and
regional council stand up for eye care by asking the provincial government to commit to reforms so that optometrists
are compensated fairly compared to their colleagues all across Canada. Please pass such a motion as soon as possible so
that residents can continue to access the quality eye care that they deserve.
Should you have any questions, or would like more information, please let me know. My patients and I hope that we can
count on your support.
Sincerely,
Dr. Stephynie Sargent — Bowmanville Eye Care & Avis Optometric Centre
Dr. Duen Wong — Bowmanville Eye Care & Whitby Vision Care
Dr. Fanny Szutu — Bowmanville Eye Care
Dr. Amanda Edgar — Bowmanville Eye Care
Dr. James Stevenson — Bowmanville
Dr. Anthony Mac — Bowmanville
Dr. Suhaib AI-Janabi — Bowmanville Eye Centre
Dr. Briana Baron — Bowmanville Eye Centre
Dr. Diana Le — Bowmanville Eye Centre & Brooklin Optometric Centre
Dr. Amy Stoter — Clarington Optometric Centre
Dr. Pardie Hamboyan — Clarington Optometric Centre
Dr. Julia Addington — Clarington Optometric Centre
Dr. Tharshinee Thevabalan — Clarington Optometric Centre
Dr. Karl Lee — Newcastle Eye Care
Dr. Nora Teo — Newcastle Eye Care
Dr. Kevin Anderson — Durham Optometric Clinic
Dr. Farooq Khan — Durham Optometric Clinic
Dr. Kimberly Avis — Avis Optometric Centre (Courtice)
Dr. Heather Lane — Avis Optometric Centre
Dr. Claudia Lee — Whitby Vision Care
Dr. Tim Lee — Whitby
Dr. Seema Koria —Ajax Eye Care
Dr. Adrian Wan — Oshawa
Dr. Rebecca Horner — Parkview Optometry (Oshawa)
Dr. Patricia Campbell — Parkview Optometry
Dr. Dana Blakholmer —Oshawa Optometry
Dr. Janice Luk - Oshawa Optometry
Dr. Ashif Abuani — Oshawa
Dr. Stephynie Sargent
Associate Optometrist
Bowmanville Eye Care
Avis Optometric Centre
z
Page 228
Provincial Comparison of Senior's Eye Exam Fees
Ontario Schedule of Benefits Elements
Ontario
Alberta
Manitoba
4i*q
Relevant history, y, visual acuity, ocular
motifity, refraction advice instruction
$54.75
$45.02
9001
Ophth a I m oscop
Slit lamp exam
$80.70
8545
$4.00
B650
9024
$47.00
Visua I fie l d by conf ra ntation field
$8.00
406
9007
Tonometr *
10. 0
9726
Dilated fund us examination*
$56.32
$21.27
$33.15
Supple me nt fo r 75 ye a rs a nd up
$7.00
9021
Total Fee
$47.00
$137.02
$77.181
* 0
*required it accordance with generally accepted professional standards
Provincial Comparison of Children"s Children"Eye Exam Fees
Ontario Schedule of Benefits Elements
Ontario
Alberta
Manitoba
Quebec
Relevant history, visual acuity, ocular
motility,, refraction, advice instruction
9001
O phtha I moscop
��,�
Slit lamp
p ��carn
$56.32
4 .50
V404
9024
Visual field by confrontation field*
Tan o metry *
$10.89
Dilated fundus examination*
$56.32
1. 7
$33.15
Total Fee
$42.50
$112.64.1
1�
*required in accordance with generally accepted professional standards
Page 229
Patenaude, Lindsey
From: Patenaude, Lindsey
Sent: Friday, September 10, 2021 2:02 PM
To: Patenaude, Lindsey
Subject: FW: September petitions to save eye care in Clarington
From: Stephynie Sargent <StephynieSargentl6@neco.edu>
Sent: Friday, September 10, 2021 12:32 PM
To: Patenaude, Lindsey <LPatenaude@clarington.net>
Subject: Re: September petitions to save eye care in Clarington
EXTERNAL
Hi Lindsey,
Thank you for your reply. From counting it seems at least 180 / 286 60%+ are from Clarington. My main office is in
downtown Bowmanville where most of these petitions came from so I would estimate that of the previous 579
signatures on petitions already submitted to MPP Lindsey Park a similar proportion 60% or more would be in Clarington
(others from Oshawa, Ajax, Whitby, Blackstock, Cobourg).
Thank you for including us in the agenda I really appreciate it, and if you need more information any time please let me
know
Dr. Stephynie Sargent
Associate Optometrist
Bowmanville Eye Care
Avis Optometric Centre (Courtice)
On Fri, 10 Sept 2021 at 12:06, Patenaude, Lindsey <LPatenaude@clarington.net> wrote:
Hi Stephanie,
Thank you for your petition. Unfortunately the petition doesn't meet the requirements (per our
Procedural By-law) to be added onto the agenda as there are signatures from residents that don't
live in Clarington. However, if you can provide me with the count of signatures that live in Clarington,
we will note it on the agenda with your existing item.
Please submit this count to me by 4 p.m. today as we send out an agenda update.
Thank you,
Lindsey Patenaude
Committee Coordinator
Legislative Services Department
Municipality of Clarington
40 Temperance Street, Bowmanville ON L1 C 3A6
Page 230
905-623-3379 ext. 2106
www.clarington.net
From: Stephynie Sargent <StephynieSargent16@neco.edu>
Sent: September 10, 2021 10:25 AM
To: oaopresident@optom.on.ca; Doug Derabbie <dderabbie@optom.on.ca>
Cc: Hooper, Ron <rhooper@clarington.net>; Mayor Shared Mailbox <mayor@clarington.net>
Subject: Re: September petitions to save eye care in Clarington
EXTERNAL
On Fri, 10 Sept 2021 at 10:23, Stephynie Sargent <StephynieSargent16@neco.edu> wrote:
Good morning,
Just sending along these petitions that I hope to drop off to MPP Lindsey Park's office either today or monday.
286 signatures on this set, 847 in Bowmanville / Durham to date
I am CCing our local Councillor Ron Hooper and Mayor Adrian Foster, just so you are aware of the magnitude of
constituents in your area that are signing on with us. I hope that when council resumes you will consider a letter of
support similar to what the Town of Whitby has recently presented.
Please let me know if you have any questions, thank you for your time,
Stephynie
Dr. Stephynie Sargent
Associate Optometrist
Bowmanville Eye Care
Avis Optometric Centre
Page 231
A
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ANO WHER5AS oplo motrisls are being forced to pay substantially out of lfleir own peke# to pr-iYvido over 4 million servicas aanh year to Onteriana under OH I P-
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Page 232
MUNICIPALITY OF CLARINGTON
JOINT COMMITTEE
RESOLUTION #
DATE September 13, 2021
MOVED BY Councillor Joe Neal
SECONDED BY Councillor Janice Jones
11aIAV*001AyI21 bin @ V
Clarington demand answers from the MCEP to the inquiries regarding
AMESA referenced in the correspondence from Linda Gasser.
Page 233
Clarington
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: Joint Committees
Date of Meeting: September 13, 2021 Report Number: PDS-044-21
Submitted By: Ryan Windle, Director of Planning and Development Services
Reviewed By: Andrew C. Allison, CAO Resolution#:
File Number: COPA2018-0003, PLN34.5.2.64 By-law Number:
Report Subject: Jury Lands (Camp 30) and Recommended Amendment No 121 to the
Clarington Official Plan
Recommendations:
That Report PDS-044-21 and any related communication items, be received;
2. That the Official Plan Amendment No. 121 (Attachment 1) be referred back to staff
for finalization based on any additional direction provided by Council and included
in a future Council agenda with a confirming by-law;
3. That the Director of Planning and Development Services be authorized to finalize
the form and content of OPA 121 and the Block Master Plan (Figure 1 of
Attachment 1) resulting from Council's consideration, public participation, agency
comments and technical considerations;
4. That the Urban Design Guidelines by DTAH dated April 12, 2019, as accepted in
November 2020 through Report PSD-051-20 be approved and used by staff to
guide development applications and the Municipal Wide Park development;
5. That Clarington accept the pre -dedication of the Municipal Wide Park with the
understanding that any over -dedication of parkland will be resolved at the time of
draft approval of subdivisions within Special Policy Area F;
6. That upon adoption of OPA 121, the Official Plan Applications 2009-0006 and
2020-001 by LRSP Ltd. be refused and closed and any remaining monies from the
application fees be returned;
7. That the Region of Durham Planning and Economic Development Department
and the Municipal Property Assessment Corporation be forwarded a copy of
Report PDS-044-21 and a copy of the finalized OPA 121; and
8. That all interested parties listed in Report PDS-044-21 and any
delegations be advised of Council's decision.
Page 234
Municipality of Clarington
Report PDS-044-21
Report Overview
Page 2
The Jury Lands, Bowmanville / Special Policy Area F: Block Master Plan, Urban
Design Guidelines and Official Plan Amendment No. 121 (Attachment 1) is presented
through this report for approval. The lands are bounded by Lambs Road, the CPR
tracks, Soper Creek and Concession Street East. The central portion of the property
has significant cultural and historic value to the residents of Clarington, Ontario and
Canada.
Early in 2017, the Municipality retained DTAH to prepare a community vision as
outlined in Section 16.7 Special Policy Area F of the Official Plan. A public open
house was held in June 2018 to review the Community Vision and a draft Official Plan
Amendment. A Municipally -initiated Official Plan Amendment statutory public meeting
was held in September of 2018. The consultant (DTAH) presented the Urban Design
Master Plan + Design Guidelines for the Community Vision at the June 3, 2019,
Planning and Development Committee meeting. Council accepted the Community
Vision and solidified their position that no new private residential development would
be allowed within the Municipal Wide Park in November of 2020 (Exhibit A and B of
Attachment 1 illustrate those lands proposed to be designated Municipal Wide Park).
The Municipality has met with the owners, Lambs Road School Property Ltd. (LRSP) a
joint venture of the Kaitlin Group and Fandor Homes and FarSight Investments Ltd.
(Schickedanz) to outline the development principles and review the most recent
recommended Official Plan policies and Block Master Plan. We understand the
landowners are generally in agreement with the recommended Official Plan
Amendment.
The Jury Lands Foundation and Architectural Conservancy Ontario — Clarington
Branch are poised to assist with the re -use of the buildings and interpretation of the
site respectively, once the OPA is approved and the Municipal Wide Park lands are
transferred to the Municipality.
1. Purpose
1.1 The purpose of this Staff Report is to recommend approval of Official Plan Amendment
121 (OPA 121) to the Clarington Official Plan by amending Special Policy Area F to
establish land use policies and a Block Master Plan for this new neighbourhood centred
around the Municipal Wide Park. Special Policy Area F policies implements the vision
prepared by DTAH and the overriding neighbourhood structure principles of the Official
Plan. The recommendation comes following a thorough public planning and consultation
process. The Staff recommended OPA 121 is Attachment 1.
Page 235
Municipality of Clarington
Report PDS-044-21
Page 3
1.2 This report includes a summary of the process and comments received since the release
of the Draft Official Plan Amendment in 2018, the Draft Urban Design Guidelines in
2019/2020, and the recommended Official Plan Amendment.
2. Background
2.1 Highlights of Special Policy Area F as presented in Recommended Official Plan
Amendment 121 include policies to:
• Delete and replace Section 16.7 of the Official Plan regarding Special Policy Area
IF -Camp 30 to implement the policies related to the Block Master Plan;
• Adopt The Jury Lands, Bowmanville, Special Policy Area F: Urban Design Master
Plan + Design Guidelines by DTAH, dated April 12, 2019, as the Urban Design
Guidelines;
• Identify a Municipal Wide Park on the former campus lands and designate Urban
Residential lands (Exhibit B of Attachment 1);
• Provide for mid -rise residential uses concentrated along Lambs Road; with the
highest concentration and densities and heights at the Lambs Road and
Concession Street East intersection;
• Provide for development of a complete community by requiring some commercial
development in a mixed -use building at the intersection of Lambs Road and
Concession Street East;
• Provide permission for a variety of housing forms and heights, including options
for affordable and assisted living;
• Provide flexibility within development parcels to allow for a broader range of built
forms and heights in areas internal to a neighbourhood and along the Local
Corridor;
• Recognize the Camp 30 (former Boys Training School) cultural heritage
resources and landscape outlined in the national and local designations,
comprised of the six historic buildings adjacent to the ring road of the former
campus; and
• Accept dedication of the Environmental Protection lands along Soper Creek and
its tributaries.
2.2 Special Policy Area F is bounded by Soper Creek on the west, the CPR tracks to the
north, Lambs Road on the east and Concession Street East on the south.
2.3 The total area within Special Policy Area F is 48.05 hectares. The majority of the
property is owned by Lamb's Road School Property Ltd. (LRSP) a joint venture of Kaitlin
Group and Fandor Homes). FarSight Investments Ltd. owns 4.6 hectares on the northern
extents of the property along the rail corridor.
Page 236
Municipality of Clarington
Report PDS-044-21
Site History
Page 4
2.4 As a result of European settlement, the lands were cleared and farmed until the 1920s.
John H. H. Jury donated the Darch Farm to the Province of Ontario for its development
as a Boys Training School. The campus first opened in 1925. It was appropriated by the
Federal government during WWII as a Prisoner of War Camp (#30). Following the war, it
returned to its prior use until 1979. In 1981, the Province of Ontario sold the land to a
private residential school; over the next 30 years the campus had a series of owners and
housed both private and public schools. Its use as a school ceased in the fall of 2008. It
had been purchased by LRSP in 2004.
2.5 In 2009, LRSP applied for an Official Plan amendment (COPA 2009-0006) to move the
Community Park from the northwest intersection of Lambs Road and Concession Street
East northerly to the location of the central campus area. They sought to redesignate the
community park area as Urban Residential with a Medium Density Symbol. In addition,
subdivision and zoning applications were submitted (for the southern third of the
property).
2.6 In 2016, as part of Official Plan Amendment 107 (Clarington's comprehensive update to
the Official Plan), the entire area was designated as Special Policy Area F and the
community park shifted from the northwest corner of Lambs Road and Concession Street
East to the northeast corner in the adjacent Soper Hills Secondary Plan Area. In
addition, specific polices were added to Chapter 16 of the Official Plan, Special Policies
Area F for these lands. The land use designation for the central campus was reserved
until a community vision was developed.
Special Policy Area F — Camp 30
2.7 Special Policy Areas are identified in the Official Plan as areas where additional work and
policy direction is needed to clarify the intent of the future use of the land within the
identified area. The polices in the Official Plan are to be read and used in conjunction
with the specific policy direction provided for each Special Policy Area.
2.8 The policies in the Official Plan for Special Study Area F called for the development of a
community vision and urban design plan for the long-term use of the lands while
respecting the nationally designated cultural heritage resource. The study was to set out
design principles, architectural guidelines and a Master Block Plan. In addition, it was to
determine the adaptive reuse while ensuring public access to the heritage resources from
the surrounding residential neighbourhoods and Soper Creek trail system. Phase 2 of
trail was completed in 2020 on the west side of Soper Creek.
2.9 The Jury Lands, Bowmanville/Special Policy Area F, Urban Design Master Plan + Design
Guidelines, prepared by DTAH were subject to comment by the land owners, public and
interested stakeholders. The resulting community vision was presented to Council in June
2019 by the consultant. While there has been much debate about densities and built
form for the surrounding residential development, the overall principles and objectives of
the urban design guidelines have been accepted.
Page 237
Municipality of Clarington Page 5
Report PDS-044-21
2.10 In November 2020, via Council Resolution No. C-492-20 in addition to Council accepting
the urban design guidelines, direction was provided from Council that no private
residential development be permitted within the ring road or Municipal Wide Park area.
The community vision includes also suggested adaptive reuse of the built heritage
structures that would be compatible with their setting within the Municipal Wide Park.
The Master Block Plan and draft Official Plan policies required further consideration of the
land owners requests for density increases and the inclusion of apartments as a
permitted built form. Staff were directed to continue to work with the land owners and
seek the assistance of the consultant for the Soper Hills Secondary Plan to ensure the
neighbourhood fits within the overall urban structure of the Official Plan and planning
occurring for the east side of Lamb's Road.
Land Characteristics and Surrounding Uses
2.11 The property at 2020 Lambs Road is culturally and historically significant at a local,
provincial and national level. The past uses of the site, as a Boys Training School and
Prisoner of War Camp, and the Prairie Style architecture of the buildings in a campus
setting are historically significant and unique. The Historic Sites and Monuments Board
of Canada has recognized the significance of the uses and the architecture by
designating the property a National Historic Site in 2013 with the permission of the
owners. In 2018, Council designated the six buildings and their setting adjacent to and
within the ring road under the Ontario Heritage Act by By-law 2018-001, again with the
permission of the owners.
2.12 The surrounding land uses are as follows:
North CPR tracks and farmland which is outside the urban boundary.
South Draft approved 610 unit residential plan of subdivision, comprised of 309 singles
and 301 townhomes by FarSight Investments Ltd.
East Future urban residential lands subject to the Soper Hills Secondary Plan.
West The Soper Creek valley and residential subdivision of primarily single detached
dwellings dating from the late 1990s.
3. Provincial Policy Statement
3.1 The Provincial Policy Statement identifies settlement areas as the focus of growth. Land
Use patterns shall be based on densities and a mix of land uses that efficiently use land,
resources and infrastructure. Planning authorities shall identify appropriate locations for
intensification, redevelopment and transit -supportive development opportunities.
3.2 Significant built heritage resources and cultural heritage landscapes shall be conserved.
Planning authorities can permit development and site alteration on lands adjacent to
designated heritage properties where the proposed development demonstrates that the
heritage attributes and designated heritage property will be conserved.
Page 238
Municipality of Clarington
Report PDS-044-21
Page 6
3.3 Healthy and active communities should be promoted by planning public streets to be
safe, meet the needs of pedestrians, foster social interaction and facilitate active
transportation and community connectivity. Compact and diverse developments promote
active modes of transportation such as walking and cycling.
3.4 The recommended Official Plan No. 121 (Attachment 1) is consistent with the Provincial
Policy Statement.
Growth Plan for the Greater Golden Horseshoe
3.5 The majority of the subject lands (except for the northern 12 hectares) are within the
Delineated Built Boundary. Population and employment growth is to be accommodated
by directing a significant portion of new growth to the built-up areas through intensification
and efficient use of existing services and infrastructure. The development of complete
communities is encouraged by promoting a diverse mix of land uses, a mix of
employment and housing types, high quality public open spaces and easy access to local
stores and services. The Growth Plan establishes minimum residential targets. The
future subdivision applications will have to demonstrate their consistency with the Growth
Plan.
3.6 The Growth Plan requires decisions made by Council to conform to the Plan. The
Growth Plan continues to reinforce and provide stronger policies to guide growth in
consideration of:
• Making use of existing infrastructure;
• Encourage intensification generally throughout the delineated built-up area;
• Avoiding the environmental impacts of continued urban sprawl, and impact to natural
resources;
• Avoiding low density and automobile dependent development;
• Accommodating an aging population and providing more varied housing unit types
and affordability; and
• Supporting the Province's commitment to its Climate Change Action Plan.
3.7 These policies indicate that municipalities are to identify strategic growth areas and the
appropriate type and scale of development in those areas, along with the requirement to
provide a transition of built form to adjacent areas. Adjacent areas could mean lower
density neighbourhoods, as well as heritage resources.
3.8 The very northern portion of the site, in the ownership of FarSight Investments is
Greenfield which is targeted for slightly higher density in general.
3.9 The proposed Official Plan Amendment No. 121 conforms to the Growth Plan, as
confirmed by the Region of Durham.
Page 239
Municipality of Clarington
Report PDS-044-21
4. Official Plans
Durham Region Official Plan
Page 7
4.1 The Durham Regional Official Plan designates the lands as Living Area and Major Open
Space. Lands designated Living Area permit the development of communities
incorporating the widest possible variety of housing types, sizes and tenure to provide
living accommodations and address various socio-economic factors. Major Open Space
includes key natural heritage and hydrological features, in this instance Soper Creek.
4.2 Development applications in Living Areas must consider having a compact built form,
including providing intensive residential and mixed uses (e.g. commercial) along arterial
road and transit routes. Consideration must also be given to urban design, pedestrian
connections, grid pattern of roads, and the availability of services and infrastructure.
4.3 The Region's Official Plan establishes a framework for Regional and Local Corridors. The
Region's Official Plan identifies and maps Regional Corridors and provides policy
direction to local municipalities for designating Local Corridors in the local Official Plans.
4.4 Local Corridors are mixed use areas, planned to support frequent transit service and the
surrounding residential development. Local Corridors implement higher density and new
forms of development, they are to be implemented with sensitive urban design measures
to integrate with existing development and preserve and enhance cultural heritage
resources. Local Corridors make connections to Regional Centres (i.e. Downtown
Newcastle, Downtown Bowmanville, Bowmanville West Town Centre). Local Corridors
support a long term density target of a minimum of 30 units per gross hectare.
4.5 The Region encourages the conservation, protection and enhancement of built cultural
heritage resources. In particular Regional policies seek to integrate new forms of
development through sensitive urban design and a wide variety of building forms.
4.6 The Region sets the goal of having green space woven throughout the urban area to
ensure ecological health and renewal. The intent is to protect natural, built and cultural
environments. Any proposal for development or site alteration shall demonstrate no
negative effects on key natural heritage and hydrologic features or their functions.
Connectivity between features is to be enhanced to allow for movement of native plants
and animals across the landscape.
4.7 The proposed Official Plan Amendment No. 121 conforms with the Regional Official Plan.
Clarington Official Plan
4.8 The Clarington Official Plan seeks to create walkable neighbourhoods and to provide a
variety of uses within each neighbourhood that is specific to its context. New
neighbourhoods are to provide for a variety of housing densities, tenure and types for all
income, ages and lifestyles. Special Policy Area F is part of the Juryvale Neighbourhood
which has yet to be planned as part of the Soper Hills Secondary Plan (Figure A).
Page 240
Municipality of Clarington Page 8
Report PDS-044-21
4.9 The Clarington Official Plan designates the lands within Special Policy Area F as Urban
Residential, Local Corridor and Environmental Protection except for the former campus
area which has no designation. The Urban Residential designation shall predominantly
be used for housing purposes, providing for a variety of densities, tenure and types.
Neighbourhoods are to be walkable, compact, connected and create a high quality public
realm.
4.10 The Clarington Official Plan identifies Lambs Road as a "Local Corridor" on Map B Urban
Structure. Mixed -use buildings, apartments and townhouse units are permitted (height
between two and six storeys) with a minimum net density of 40 units per net hectare
along the local corridor. The mix between low-rise (between 2 and 4 storeys) and mid -rise
(5 and 6 storeys) shall generally be split 80% and 20%, respectively. Corridors are
approximately 100 metres deep on both sides of the road.
4.11 As provided in Official Plan Policy (10.6.3) density and built form within Corridors shall:
a. Incorporate and be sensitive to existing local character and scale to create a
compatible and attractive built form within a distinctive community image;
b. Incorporate measures to protect and enhance the natural heritage system and
sensitively integrate them with new development, streetscaping and architectural
detail; and
c. Create a public realm that accommodates a range of higher density residential
uses, complemented by compatible retail, service and institutional uses.
4.12 Table 4.3 of the Official Plan describes the predominant building typologies, minimum
densities, and building heights for lands within the Urban Area. For lands that are
"internal to a neighbourhood" the minimum density is 13 units/net hectare, and the height
of the buildings is to be between 1-3 storeys. This would produce a mix of townhouses,
semi-detached and detached dwellings and all are intended to be ground related units.
The northern most property parcel (under separate ownership) is "greenfield" and
therefore subject to higher density at 50 residents and jobs per gross hectare
(approximately 17 units/net hectare), however the other provisions are the same.
Although this parcel is subject to slightly higher densities, the ground related built form
described, can achieve this density.
Special Policy Area F — Camp 30
4.13 As outlined in Section 2.12, Special Policy Areas are identified in the Official Plan as
areas where additional work and policy direction is needed to clarify the intent of the
future use of the land within the identified area. The policies in the Official Plan are to be
read and used in conjunction with the specific policy direction provided for the Special
Policy Area. Figure A shows Special Policy Area F.
Page 241
Municipality of Clarington
Report PDS-044-21
Page 9
A
SpecialPolicy F':
• k
5
AreaPP
Soper Hills
,Secondary
Plan Area
4
1
L
Regional
Highway
Figure A: Showing Special Policy Area F, Juryvale and
Soper Hills Secondary Plan Boundary
4.14 The existing specific Special Policy Area F policies called for the development of a
community vision and urban design plan for the long term use of the lands while
respecting the nationally designated cultural heritage resource. The Municipality engaged
DTAH to prepare a community vision and urban design guidelines in keeping with the
special policies and the overarching Official Plan policies.
Page 242
Municipality of Clarington
Report PDS-044-21
Page 10
4.15 In the case of Special Policy Area F, the Municipal Wide Park, valleylands and pedestrian
walkways are meant to be the green infrastructure (in place of traditional parks) that
would provide recreational amenities for the area. Parkettes and other outdoor amenity
spaces would be determined at such time as development applications are made e.g.
subdivision and Site Plan applications when the populations of specific areas, built forms
and number of units are known.
4.16 Development in previously non -built up areas adjacent to cultural heritage attributes must
provide appropriate transition with scale, massing and character. Urban Design
Guidelines are to be prepared for the development of new neighbourhoods containing
heritage resources. The DTAH Urban Design Guidelines accepted by Council will satisfy
this requirement. An addendum to address built forms such as the prominent intersection
mixed -use building and apartments may be necessary. This can be determined at the
time of development application.
4.17 The recommended Official Plan Amendment No. 121 will continue to implement the
Clarington Official Plan as amended and in Staff's opinion fulfills the objectives of the
Official Plan. Exhibit B in Attachment 1 shows the recommended changes to Map A3 of
the Official Plan.
5. Agency Comments
Regional Municipality of Durham
5.1 The Region of Durham comments are:
• The recommended Official Plan Amendment No. 121 conforms with the Region's
Official Plan and Growth Plan and is now exempt from Regional approval.
• The location and distribution of the revised densities in the recommended Official
Plan Amendment No. 121 conform with the policies of the Growth Plan and
Regional Official Plan.
• Decisions on massing are local decisions.
• Regarding conformity, the Region's Official Plan requires a long-term density target
of 75 residential units per gross hectare for Regional Centres and 60 units for
Corridors. The subject lands are not within a Centre or Corridor and do not require
these densities. Lands within Local Centres and Corridors only require 30
residential units per hectare. The Growth Plan requires not less than 50 persons
and jobs per hectare. The number of units in the proposed amendment will meet
these policies.
A Functional Servicing Report will not be required for the Official Plan Amendment
at this time, however; one will be required as these lands progress to the next steps
of development.
Page 243
Municipality of Clarington
Report PDS-044-21
Central Lake Ontario Conservation Authority
Page 11
5.2 Central Lake Ontario Conservation Authority (CLOCA) has no objections to the proposed
amendments and offers strong support for the proposed community vision, Urban Design
Master Plan and Design Guidelines. In particular, they support the designation of a
Municipal Wide Park and associated natural heritage system. They offered the following
comments: "The proposed land use designations on Map A3 [Exhibit B of Attachment 1]
should provide for an enhanced level of environmental protection including future
restoration and enhancement opportunities for a robust permanent natural heritage
system". They support the inclusion of the policies which requires the implementation of
low impact development practices for stormwater management through the development
process. CLOCA staff appreciate the progressive nature of the proposed polices and
believe they will protect the natural heritage and water resource systems while allowing
for development with green infrastructure measures.
5.3 CLOCA agrees with identifying the SWM facilities as symbols on the Block Master Plan.
If it is possible to address stormwater management completely via low impact
development measures, that would be preferable. However, what is actually possible will
be determined through functional and detailed design of the storm water management
measures.
Other Agencies
5.4 Veridian and Bell had no objections and asked that when development is to proceed that
the appropriate applications be submitted. No other utilities have submitted comments.
6. Departmental Comments
Public Works, Infrastructure Division
6.1 The Public Works, Infrastructure Division has no objection to the report as presented. At
the detail design stage, stormwater management facility options will need to be evaluated
based on in -situ conditions, design parameters and feasibility. Any proposed stormwater
management facilities will not be considered as part of the parkland dedication
requirements. The overall road network layout for the development is acceptable.
Standard Municipal Right of Way sections will be utilized for public roads and the
Infrastructure Division is agreeable to a modified Right of Way width (reduced to 15
metres) and cross-section for the Park Drive running adjacent to the valley lands. Parking
for the development should meet standard requirements at a minimum.
6.2 The storm water management facilities shown on the Block Master Plan are conceptual
and will be refined as part of the Storm Water Management Report when the subdivision
applications are submitted and reviewed. Policies within the recommended Official Plan
Amendment 121 allows the developers to also use low impact development practices to
manage storm water.
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Emergency and Fire Services
Page 12
6.3 Emergency and Fire Services provided support for two access points to the isolated
development parcels. Given the experience in servicing other neighbourhoods that have
no or deficient alternate access, including the requirement to have an additional access at
the threshold at more than 100 units is the standard being used in Clarington and other
municipalities. Options for providing alternate access can be through creating a
boulevard street, or other means. This can be determined when development
applications are submitted and reviewed.
7. Public Notice and Submissions
7.1 A public information session was held at John M. James School on June 13, 2018, where
the consultant, DTAH had display panels explaining the overall Urban Design Master
Plan + Design Guidelines. The consultant provided a presentation on the proposed land
uses, development framework and building typologies. The consultant and staff fielded
questions prior to the presentation in a one-on-one setting and as a general
question/answer session following the presentation.
7.2 Over 40 people attended the public information session which had been advertised in the
local newspapers, on the municipal website and through social media. The meeting was
held concurrently with the Soper Creek Trail, Phase 2 meeting. Notification included all
adjacent property owners on Sprucewood Crescent and Guildwood Drive. In addition, the
owners of the parcels affected by Special Policy Area F were notified.
Public Comments
7.3 The display panels and presentation have been posted to the municipal website since
June 14, 2018. Comments from the public have been:
• Retain natural beauty and as many of the historic buildings as practical.
• Consider wildlife, ecology, natural spaces, protect species at risk.
• Include community gardens on the site to serve nearby proposed residences.
• Support for the demonstration garden with produce supplying local eatery.
• The development and building forms appear to be higher in density than adjacent
lands and should be less dense and lower in height.
• Provide special event venue space for 100+ people.
• Property has been subject to severe vandalism.
7.4 A draft of the Official Plan Amendment for Special Study Area F — Camp 30 was made
available to the interested parties and posted to the municipal website on August 17,
2018, for comment. Based on the comments received a revised Official Plan
Amendment was drafted and circulated to all commenting agencies, property owners
and interested parties in August 2019. More recently, further revision has been made in
response to comments made by the land owners.
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Page 13
7.5 Since the statutory public meeting there has been ongoing discussion with the land
owners and interested parties. A number of presentations, delegations and reports
have been provided to Council. Milestone events are noted in Attachment 2 to this
report and the comments from delegations to Committee and Council meetings are
outlined in Attachment 3 to this report along with written submissions received. The
comments and written submissions have been thoroughly considered as part of the
recommended OPA 121.
7.6 Notice of this Recommendation Report was provided to all interested parties on August
12, 2021. At the time of writing this report no public inquiries have been made. Staff
have met with the land owners, individual Council members, the Jury Lands Foundation
and heard from commenting agencies. The notification and public consultation
requirements of the Planning Act have been satisfied.
Landowners Comments
7.7 Initial comments from the landowners (November 2018) included:
The limited range of land uses, density and built form types included in the vision for
the Jury Lands, which amongst other matters could have a direct impact on
affordability and accessibility;
There is a lack of clarity on how the integration of the vision for the Jury Lands will
work with the vision for the Secondary Plan area to the east, including the creation of
a hub at the Lambs Road and east -west street; and
Concern about incomplete information on future process for park development, and
associated timing, to implement the vision including opportunities to participate prior
to the preparation of statutory documents.
7.8 Staff, the landowners and their consultants met to work towards a consensus and
adjustments were made to the proposed Block Master Plan and the proposed policies of
the draft Official Plan Amendment. However, the landowners were still not satisfied with
the previously proposed draft Official Plan Amendment No. 121 (September 2019).
7.9 Key landowner concerns, in September 2019, were:
The draft OPA directs that development around the heritage buildings is not intended
to be seen, however, there are many examples of how new development can be
appropriately integrated with heritage resources (e.g. Brickworks). The request is for
6 storey buildings adjacent to Lambs Road in proximity to the Cafeteria, on the south
and north of the tributary (Areas 2 and 3 of Figure B).
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Page 14
-------------
Lands Owned By:
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Figure B: denoting Areas 1, 2, 3 and 4 referenced in this report.
• The Clarington Official Plan provides that Priority Intensification Areas have been
identified as the primary locations to accommodate growth and the greatest mix of
uses, heights and densities. Priority Intensification Areas include Local Corridors.
Lambs Road is identified as a Local Corridor.
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Page 15
Local Corridor policies indicate that the highest densities should be located along the
Lambs Road frontage. Given that the width is approximate and that 100 metres along
the road is part of the Natural Heritage System, there should be an opportunity to
capture density in the northern area of the site. The Municipality is recommending
limiting built form to a maximum of 4-storeys north of the 250 metre radius of the
intersection of Lambs Road and Concession Street. Concentration of density should
be distributed along the entire corridor and 6- storey building heights permitted.
Northern development area (Area 4 of Figure B) the heights proposed by Clarington
(1-3 storeys) are not consistent with Provincial or Regional policies. There are
examples in other municipalities of higher density development being permitted in
isolated pockets. This area should have specific policies that override the general
policies of the Official Plan and include mid -rise residential (4-6 storeys).
The request of the LRSP developers is to increase the unit target in Appendix B to
1,100 units from 700 proposed as of September 2019.
The uniqueness of the site should be recognized.
7.10 In May 2020 LRSP submitted a privately initiated Official Plan Amendment (COPA 2020-
0001) and concurrent zoning by-law amendment and subdivision applications for Areas 2,
3, and 4 of Figure B. A pre -consultation meeting was held in July 2020. The application
sought to provide exceptions to the policies and urban structure of the Official Plan. The
application remains incomplete.
7.11 The privately initiated Official Plan Amendment application sought to:
Deviate from the work that Staff was completing on draft OPA 121;
Advance the owners development concept plans; and
Increase of heights and densities across all areas of the site.
7.12 In July 2020, FarSight Investments Ltd. submitted a conceptual subdivision plan that
used draft OPA 121 as the basis. A pre -consultation meeting was held in August 2020.
The concept plan yield was 34 units per net hectare and accommodated the necessary
setback from the rail line. The pre -consultation minutes were signed back.
7.13 Staff have been involved in reviewing concept plans with FarSight Investments Ltd. Staff
understand that the general desire of FarSight is to develop a townhouse (condominium)
block with principal access to the public street.
7.14 As a result of the direction received from Council in November of 2020, staff engaged the
consulting team for the Soper Hills Secondary Plan area and worked with the team to
address a number of the concerns and comments raised by the owners. The
recommended OPA 121 (Attachment 1) to this Report reflects this work.
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7.15 The landowners acknowledge the decision Council made in November 2020 with regard
to restricting private residential development from within the ring road area of the
campus. According to the landowners, this has meant that any plans for assisted living or
affordable (subsidized) housing has not been pursued by the landowners. The
recommended OPA policies allow such forms of housing, the owners have the option of
implementing them at the time of development.
7.16 Most recently, Staff have met with the owners and further refined the Block Master Plan
and the policies being recommended for approval. Section 8 of this Report provides
details on the current recommended OPA 121. Staff have reviewed and considered the
comments received from the landowners and their consultants when formulating the
policies.
Jury Lands Foundation Comments
7.17 The Jury Lands Foundation is an incorporated entity seeking charitable status. It is
supportive of the community vision outlined in the DTAH Jury Lands Urban Design
Master Plan + Design Guidelines. The Jury Lands Foundation purpose includes
ensuring any surrounding development complements the heritage of the site, specifically
they have commented to that designation of the Municipal Wide Park will:
• create a destination park that citizens of not just Bowmanville but beyond could
travel to and learn about the history of the site along with the unique example of
the Carolinian forest;
• allow the site will be linked into the trail system;
• provide access so people can walk, ride bicycles or use public transit along with a
car to access the park from Lambs Road or the trail system; and
• allow the Jury Lands Foundation to obtain their charitable status and seek funding
for the refurbishment of the buildings from granting Foundations, governmental
sources and private corporations and citizens.
7.18 The Jury Lands Foundation support the DTAH report, Block Master Plan and design
guidelines. They look forward to the dedication of the Municipal Wide Park area. They
are concerned that the lack of security and lack of appropriate "mothballing" of the
buildings is leading to further deterioration. They are poised to begin fundraising for and
promoting the repurposing of the heritage buildings as soon as the lands are transferred
to the Municipality by the Owner.
7.19 The Jury Lands Foundation must show an interest, such as an agreement with the public
entity landowner of the heritage buildings to obtain their charitable status. They intend to
fundraise to undertake repurposing of the buildings. The Memorandum of Understanding
(MOU) approved by Council through Report PSD-071-16 outlines the relationship
between the Foundation and Municipality.
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7.20 At the June 3, 2019, Planning and Development Committee meeting, Committee passed
the following resolution:
That the Municipality continue to work with the Jury Lands Foundation on the terms
set out in the existing MOU to preserve the historical significance of the Camp 30
lands and buildings.
7.21 The Jury Lands Foundation would like to see a building on a portion of the future park
turned over such that they could obtain their charitable status and proceed with
fundraising efforts.
Architectural Conservancy Ontario (ACO) — Clarington Branch
7.22 The ACO is a provincial umbrella organization whose purpose is heritage conservation
through education and advocacy. It encourages conservation and reuse of structures
and landscapes of architectural, historic and cultural significance. The Clarington Branch
was established in 2009 in response to the closing and abandonment of the buildings at
the former Boys Training School (Camp 30). Each local branch has an executive,
membership and focus. The Clarington Branch focus is local heritage issues and
programming opportunities, such as Doors Open and Camp 30 tours, as well as
education and working in partnership with like minded groups.
7.23 ACO — Clarington Branch have been monitoring the site, providing tours and promoting
its conservation. They have provided articles to the provincial magazine and appeared
before Council on numerous occasions in support of the work by Jury Lands Foundation
and the Municipality.
7.24 The ACO branch have continued to provide tours during the pandemic and have had
excellent attendance. Members have expressed disappointment is the lack of care for
the grounds and buildings.
General
7.25 The comments received from public, the landowners, and advocacy groups have been
considered in the preparation of the currently recommended Official Plan Amendment
121. The comments of delegations and written submissions can be viewed on the
website at Jury Lands.
8. Recommended Official Plan Amendment 121
Community Vision, DTAH Urban Design Master Plan
8.1 As outlined in Section 4, the policies in the Official Plan for Special Study Area F called
for the development of a community vision and urban design plan for the long-term use of
the lands while respecting the nationally designated cultural heritage resource. The
community vision study was to set out design principles, architectural guidelines and a
Master Block Plan.
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8.2 The report prepared by DTAH, contained a development framework that accommodated
a range of housing types and landscapes while preserving the central campus area for
park and public uses. The development framework and urban design guidelines outline
the Street and Pedestrian Network, Built Form, Housing Types and Stormwater
Management. The residential development parcels are defined by the environmental
protection lands of the Soper Creek Valley and tributaries. As stated previously the
DTAH report will serve as the Urban Design Guidelines, however they may need to be
augmented with architectural details given the additional built forms now recommended
as part of OPA 121. This can be determined at the time of site plan application.
8.3 The various conceptual layouts for the different residential areas have been modified with
additional density permissions as part of the Block Master Plan included in the
recommended Official Plan Amendment 121 (Exhibit A in Attachment 1). The specifics
of the building types and mix of units, building architectural style and detailing are to
conform to the urban design guidelines of the Official Plan and DTAH report.
8.4 The street network is composed of primary streets with major intersections and
secondary streets with minor intersections. Key to the development of the area will be
the east/west connections spaced out along Lambs Road being:
• the southern residential development to the east side of Lambs Road;
• centred to the campus/Municipal Wide Park;
• off -set from the rail line to accommodate the future overpass (rail crossing); and
• Park Drive using the ring road and including the former campus entrance from
Concession Street are to be retained as a rural cross-section. The Concession
Street entrance would function at a pedestrian/cycling trail and for ceremonial
purposes as a vehicle access. The ring road would service the Municipal Wide
Park leading to the existing parking areas.
8.5 The built form and distribution of development combined with open space encourages
active transportation and pedestrian access to the Soper Creek's trail system and limits
privatization of the valleyland frontage. The approach to stormwater management is to
integrate runoff by allowing for infiltration within the soft surface areas through low impact
design solutions.
8.6 The focal point of the neighbourhood is the central campus/Municipal Wide Park and its
historic buildings. The Urban Design Guidelines outline adaptive re -use suggestions for
each of the buildings with complimentary exterior garden spaces to reinforce the re -use of
the buildings. It is anticipated that once the buildings are transferred by the current
owners they will be "mothballed" for a period of time awaiting funding for redevelopment.
8.7 The Urban Design chapter of the Official Plan (Section 5.6.1) provides for the
implementation of Urban Design policies through a number of mechanisms including
urban design guidelines prepared for specific topics or sites. Council received a
presentation by the consultant at the June 3, 2019, Planning and Development
Committee meeting, Report PSD-029-19. The DTAH report will serve as the Urban
Design Guidelines and were accepted by Council in November 2020 through Resolution
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#PD-183-20. Staff recommend the DTAH report be formally approved as part of the
recommended Official Plan Amendment 121.
8.8 When Council accepted the DTAH report as the community vision, they also directed that
no private residential development be allowed within the ring road. In addition, they
approved the retention of the consultant for the Soper Hills Secondary Plan area to assist
staff with refining the draft Official Plan Amendment No 121.
8.9 The Soper Hills Secondary Plan consultant is SGL Planning and Design Inc. They
reviewed the draft OPA with input from ASI their heritage consultant. They were provided
with background information and aware of the land owners desire for higher heights and
densities in specific areas. They provided planning opinions and recommendations in
order to strengthen and improve the draft OPA. Specific recommendations were made
which have resulted in designating Lambs Road and Concession Street East as a
prominent intersection, the inclusion of transition policies, clarification on where and when
Heritage Impact Assessments and view assessments would be required and bringing the
most important urban design policies forward from the DTAH report into the OPA policies.
Recommended Official Plan Amendment (September 2021)
8.10 The key components of the recommended OPA include Low Density Residential, two
types of Medium Density Residential, Heritage and Local Corridor, High Density
Residential at the Prominent Intersection, and Parkland and Environmental Protection.
Low Density Residential
8.11 The predominant use of lands within Low Density Residential designation shall be a mix
of housing types and tenures. Permitted dwelling types include single detached dwellings
and semi-detached dwellings, townhouses and accessory apartments. Buildings would
be ground related and not exceed 4 storeys. Private lanes or streets would be permitted.
Medium Density Residential - Heritage
8.12 The Medium Density Residential - Heritage designation would see a mix of townhouses,
apartment buildings, back to back townhouses, stacked townhouses and accessory
apartments. While within the local corridor the heights would be limited to a maximum of
4 storeys. Proposed buildings in proximity to the designated heritage buildings would be
required to demonstrate how they would respect the heritage resources and view planes
between the designated buildings. Private lanes and streets would be permitted but are
required to adhere to the same standards as public lanes and streets.
Medium Density Residential — Local Corridor
8.13 The Medium Density Residential — Local Corridor designation would see a mix of
townhouses, apartment buildings, back to back townhouses, stacked townhouses and
accessory apartments. Building Heights would be a minimum of 3 storeys and maximum
up to 6 storeys. Private lanes and streets would be permitted but would be required to
adhere to the same standards as public lanes and streets.
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High Density Residential/Mixed-Use Local Corridor
8.14 The predominant use of High -Density Residential/Mixed-Use Local Corridor Designation
would be apartment buildings. Retail, office and service commercial are encouraged to
be located on the ground floor of mixed -use buildings. Ground floor commercial would be
required in any building located at the corner of Lambs Road and Concession Street East
(lands within the prominent intersection). Building heights would be between 5-6 storeys.
The intersection of Lambs Road and Concession Street East is a logical location for a
prominent intersection, with higher heights to emphasize the corner.
Parkland and Environmental Protection
8.15 Central to the Block Master Plan is the former Boys Training School campus (Camp 30)
which is a Nationally and locally designated heritage resource comprised of buildings and
the Ring Road. The former campus area would be designated as Municipal Wide Park
and it is surrounded and traversed by the tributaries and main branch of Soper Creek.
These valleylands provide significant Environmental Protection (EP) lands. Key View
Corridors to and from the central green of the former campus into and along the valley
will truly emphasize the green spaces which lace their way through this developing
neighbourhood.
8.16 The primary considerations when formulating the recommended OPA 121 were as
follows:
• Conformity to the Growth Plan, the Regional Official Plan, and the
Clarington Official Plan;
• Promoting complete communities by providing for a mix of uses,
residential densities and housing options;
• Built form, building heights, density and site layout;
• Traffic, access, signalization, parking and active transportation;
• Transitions between environmental protection lands (e.g. valleylands) and the
adjacent residential neighbourhood;
• Urban Design elements, including private amenity spaces; and
• Reinforcement of the heritage resources and elements as outlined in the National
Historic Sites and Monuments of Canada designation.
8.17 The recommended Official Plan Amendment does not include a cap on the number of
residential units and therefore provides more flexibility for this area. This is to allow for a
variety of housing types and built forms. For reference the recommended land use
designations would accommodate approximately 1300 dwelling units with the ultimate
unit count being determined through the development approval process e.g. zoning,
plans of subdivision/condominium and Site Plan.
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Page 21
8.18 The issues that would have to be addressed at the time of subdivision, zoning and site
plan applications include the following:
• Block and lot layouts, access/street network, building locations, setbacks, building
design, number of units, and commercial space (Area 1 on Figure A);
• The proposed development limits along the Soper Creek valley and tributaries have
yet to be established through an Environmental Impact Study (EIS) considering slope
stability, natural heritage and mitigating impacts;
• The stormwater management system features and on -site low impact development
measures that maintain the appropriate water balance;
• Active transportation connections for residents along Lambs Road and Concession
Street and to the Soper Creek valley trail;
• The signalization of Lambs Road and Concession Street intersection; and
• Parkland dedication requirements in light of the anticipated development on both the
east and west sides of Lambs Road involving lands owned by the developers.
Revisions from the Previous (September 2019) Draft OPA 121
8.19 In September 2019, Report PSD-041-19 presented a draft Official Plan Amendment that
relied on the community vision prepared by DTAH and included a Block Master Plan and
policies to see their implementation. The landowners and their consultants provided
many comments. In particular, the question of whether private residential development
would be allowed within the ring road south of the Jury Lodge tributary was unresolved.
At the time, Council tabled the report, staff met with the owners and explored the owners
desire to provide an assisted living facility and affordable housing and how they would
impact the heritage resources and overall development scheme. In November 2020,
Council accepted the DTAH report as the urban design guidelines for the overall
development, restricted private residential development from within the ring road and
agreed to have the consultant for the Soper Hills Secondary Plan (SGL) review the Block
Master Plan and policies with an eye to increasing the density to address the concerns of
the landowners.
8.20 Lambs Road is a Local Corridor in the Official Plan. The intent of Local Corridors is to
provide higher density development to support transit. Supporting transit requires
relatively consistent higher density along the corridor (north to south) and destinations. In
this case there are constraints such as environmental protection lands and the heritage
resources (which could be a destination). It is deemed appropriate for this local corridor
to consider a greater proportion of mid -rise buildings and densities in key locations along
more of the local corridor at a higher ratio than contemplated in the Official Plan policies.
However, this increase in proportion and densities is linked to the public dedication of the
Municipal Wide Park. Initially, the owners had expressed a desire to build higher, up to 6
storeys along Lambs Road in Area 2 on Figure C.
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Page 22
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Report PDS-044-21
8.21 To address the urban structure and policies in the Official Plan, the intersection of
Concession Street East and Lambs Road has been identified as a prominent intersection
(Area 1 on Figure C). This allows greater heights and density to be located at the corner
and provides for mixed -use (e.g. commercial) to serve the neighbourhood. From this
prominent intersection the development transitions to mid -rise residential east along
Concession Street East and north along Lambs Road.
8.22 The recommended OPA 121 requires the Municipality implement the community vision,
and "build upon the designation of National Historic site, in accordance with the National
Historical Sites and Monument Act and under Part IV (individual) of the Ontario Heritage
Act by establishing additional mechanisms to protect the cultural heritage value of Camp
30/The Jury Lands". Any development in proximity to the heritage buildings would
require Heritage Impact Assessments and view assessments (e.g. Areas 2 and 3 on
Figure C) to ensure that the view planes set out in the heritage designations are
respected and enhanced. The designated heritage buildings (within parcels 2A, 2B and
3) will be subject to the processes outlined in the Ontario Heritage Act and the policies of
OPA 121.
8.23 For the low density residential areas (Areas 1 and 4) a mix of housing types and tenures
are permitted including single detached dwellings, semi-detached, townhouses, stacked
townhouses, back to back townhouses and other dwelling types that provide for the same
densities. Initially a target of 70% detached and semi-detached dwellings was
contemplated by Staff for Areas 1 and 4 on Figure C. This percentage was discussed
with the landowners who commented that it was unrealistic. While there was a desire to
see some singles and semis as part of the lower density development a reasonable
percentage was not easily determined. Through ongoing discussion, attempts to
determine a realistic target through multiple conceptual layouts determined that the
physical constraints of the area would dictate the development potential and a target
should not be applied, singles and semis remain a built form option as they will be
necessary of a complete neighbourhood.
8.24 For Area 1, the landowners have consistently indicated that singles and semis would be
part of the units built to take advantage of the public road and natural heritage features.
For Area 4 given the lack of specifics about the developable area, the stage of
Environmental Impact Study which has not been completed or reviewed, it is difficult at
this point in time to anticipate where the public road(s) alignment would be within the
parcel. The developers are well aware of Council's desires and the actual mix of dwelling
types can be determined at the time of subdivision/zoning.
8.25 The landowners have acknowledged that a public road(s) meeting the requirements of
the Directors of Emergency and Fire Services and Planning and Development to
adequately access the Area 4 would be required, this has been included in the policies of
the recommended OPA 121. The buffer along the railway would also be a requirement
as per the policies of the Official Plan.
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8.26 The owners have expressed a desire to come to agreement with Staff and move forward.
There has been general agreement for some time on the conceptual layout for Area 1,
Staff have compromised and allowed the internal areas to have a maximum of 4 storeys.
The owners have agreed to including some commercial on the first floor of the 5-6 storey
building at the prominent intersection which they originally had not contemplated.
8.27 In Area 3 on Figure C the owners can build up to 6 storey heights along the Lambs Road
Local Corridor and 4 storeys on the interior taking into account any impacts on the Jury
Lodge. A public road would not be required; however, inter -parcel agreements to provide
mutual access between condominium corporations would be required.
9. Next Steps
9.1 As with other Block Master Plans and given the pending comments and approval from
Council, some technical changes to wording or schedules may take place prior to the
Municipality finalizing the document. Recommendation #3 requests Council authorize the
Director of Planning and Development Services to finalize the form and content of OPA
121.
9.2 The existing Legal Agreement between LRSP/LRD and the Municipality was predicated
on, among other things, a comprehensive review of the Official Plan and the removal of
the "future urban residential" designation. In addition, the Municipality updated the
Official Plan to shift the Community Park from the southern portion of the property to the
northwest corner of Lambs Road and Concession Street East, this occurred in November
of 2016 and was approved by the Region in June of 2017.
Transfer of Jury Lands
9.3 This file is unique in that the basis of proceeding with OPA 121 is linked to the transfer of
the Jury Lands for the purposes of heritage preservation and the creation of a Municipal
Wide Park. A critical step in this process is the transfer of the lands to the Municipality.
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9.4 The transfer would bring the lands into the ownership of
the MOC providing a measure of control over the future
of the heritage buildings. Equally important, public
ownership of the lands would allow the Jury Lands
Foundation to become eligible for charitable status.
Obtaining charitable status is critical in that it would allow
them to pursue funding immediately to assist with the
short term "mothballing" of the existing heritage buildings
and more importantly raise money for the adaptive re -use
of the lands and the buildings.
9.5 The timing of the land transfer and any required changes
to the existing Legal Agreement are beyond the scope of
this report, however a companion report has been
prepared by the Municipal Solicitor for inclusion on the
September 13, 2021 in Camera Agenda.
Outstanding Applications
Page 25
i
9.6 An application by Lamb's Road School Property Ltd. was
submitted in 2009 to amend Map A3, of the Official Plan to shift the Community Park from
the northwest corner of Lamb's Road and Concession Street. This application pre -dated
Amendment No. 107 (Clarington's most recent comprehensive update to the Official
Plan) which has moved the community park to the northeast corner of Lambs Road and
Concession Street. As such, this application is now redundant and is recommended to be
refused.
9.7 Subdivision and zoning applications submitted in 2009 for the most southern residential
development block (6.82ha) (Area 1 on Figure 1) will remain open. Those applications
were the subject of a Public Meeting in June 2010. When a revised subdivision plan is
submitted another public meeting will be required given the amount of time that has
elapsed.
9.8 In May 2020 Lambs Road School Property Ltd. (LRSP) submitted a privately initiated
Official Plan Amendment 2020-0001, zoning and subdivision applications. This
application remains incomplete. When OPA 121 is adopted the OPA application would
become redundant and at the request of the Council as per PD-111-20 it is
recommended to be refused. The zoning and subdivision applications would remain
open and are deemed incomplete.
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10. Concurrence
Page 26
10.1 The Director of Legislative Services (Municipal Solicitor) concurs with Section 9 — Next
Steps.
11. Conclusion
11.1 The purpose of this report is to recommend adoption of Official Plan Amendment 121. It
proposes that the central campus within the ring road be designated Municipal Wide Park
with a Municipal Wide Park symbol, including area north of the tributary where the Jury
Lodge is located (4.64 ha). The undesignated lands just south of the north tributary at
Lambs Road and just north of the south tributary at Lambs Road are proposed to be
designated urban residential while providing an eighty metre "window" into the Municipal
Wide Park. These designations would allow for the lands surrounding the designated
heritage buildings to be developed with adaptive re -uses. The remaining 15.68 hectares
of developable land were previously designated urban residential by Amendment No.
107. The recommended housing units for Special Policy Area F are in keeping with
Official Plan policies and the background studies prepared for this area.
11.2 Areas 2 and 3 are directly influenced by the central campus and heritage buildings, while
the owners previously requested additional height (up to 6 storeys) based on the local
corridor policies allowing such heights would not be in keeping with the principles outlined
in the Heritage Designations. The intent is to enhance and showcase the heritage
resources and respect the view planes as set out in the Urban Design Guidelines. The
policies for cultural heritage resources in the Regional and Municipal Official Plans call for
development that will maintain the importance and character of the heritage resources.
11.3 Based on the comments received from the landowners' revisions have been made to the
Block Master Plan from what had been issued in August 2019 and revised in September
of 2021. The Block Master Plan and recommended policies has been amended as
outlined in Section 8.
11.4 The Municipality has received a number of comments regarding the Official Plan
Amendment since it was made available in August 2019 and as a result staff have
revised the policies and Block Master Plan as deemed necessary. These changes are not
responding to specific development concepts rather these changes allow for some
flexibility for the owners as the detailed concepts are developed.
Page 259
Municipality of Clarington
Report PDS-044-21
Page 27
11.5 Staff are of the opinion that the Recommended Official Plan Amendment 121 represents
good planning and will provide for a complete community and be further enhanced by the
development on the east side of Lambs Road.
11.6 Making a decision on Camp 30 is one of the legacy projects cited in the Strategic Plan for
this term of Council.
Staff Contact: Faye Langmaid, Manager of Special Projects, 905-623-3379 x2407,
fangmaid@clarington.net
Attachments:
Attachment 1 — Recommended OPA 121
Attachment 2 — Sequence of Events
Attachment 3 — Public Comments Summary Table
Interested Parties:
List of Interested Parties available from Department.
Page 260
Attachment 1 to
Report PDS-044-21
Recommended Official Plan Amendment No. 121
to the Municipality of Clarington Official Plan
Purpose: The purpose of this amendment is to update Section 16.7
Special Policy Area F - Camp 30 with the completion of the
Urban Design Master Plan.
Location: Special Policy Area F - Camp 30 includes the land area
bounded on the west by Soper Creek, north by the CPR rail
line, east by Lambs Road and south by Concession Street
East.
Basis: The Amendment is based upon the development of the Jury
Lands, Bowmanville, Special Policy Area F: Urban Design
Master Plan + Design Guidelines dated 2019-04-12 by DTAH.
This amendment conforms to the Durham Regional Official
Plan and the Growth Plan for the Greater Golder Horseshoe
and is consistent with the Provincial Policy Statement.
Purpose.
The Actual Amendment
This Amendment sets out a series of changes to the Schedules and Text of the
Municipality of Clarington Official Plan. New text is shown with an underline and
deleted text is shown with a strikethrough.
1. Existing Section 16.7 Special Policy Area F - Camp 30 is amended as
follows:
"16.7.1 Introduction. Vision. Obiectives
16.7.1.1 16.7.1 Special Policy Area F is the site of the former Bowmanville Boys
Training School and a World War II internment prisoner of war camp known as
Camp 30. Approximately 10 hectares of this land and buildings have cultural
heritage significance, innli Jinn hoinn which includes being designated by the
National Historic Sites and Monument Board.
16.7.1.2 46.7.2 The Municipality will has consulted and will continue to work with
the ^,^,neirs A-f. site and ad;-acen 'mod- the landowners of Special Policy Area F,
the Jury Lands Foundation, other levels of government and interested parties to:
a) Implement "The Jury Lands, Bowmanville, Special Policy Area F: Urban
Design Master Plan + Design Guidelines", dated April 12, 2019, by DTAH,
which sets out the principles of the communitv vision. for the Iona term use of
landscape; Develop a GOMmunity Vision and Urban Design Plan, for the long
Page 261
b) Implement this community vision and build upon the designation of the
National Historic site, in accordance with the National Historic Sites and
Monument Act and under Part IV (individual) of the Ontario Heritage Act, by
establishing additional mechanisms to protect the cultural heritage value of
Camp 30/The Jury Lands and support its on -going conservation in alignment
with the cultural heritage landscape status of Camp 30 reflected in Section
16.7.8; lmnlement this r•emmUnity Visien fgr the Igng term use gf the lands by
establishing different mechanisms innlu ding designation as a nemmi unity
I mnrg\/ement area and heritage deslgnatlgns Under Dort IV (individual) gr
Da tFiCt) of the Ontarie Heritage d
Implementguidelines contained within the UrbanDesign
Guidelines;
1
Designre 944E)
i�Tis --rl
d) Develop the residential and mixed -use portions of Special Policy Area F to
be complementary with, subordinate to and visually distinct from the
Municipal Wide Park in accordance with the community vision; and
e) Implement the Local Corridor policies of the Official Plan, with the greatest
density and building height being located at the intersection of Lambs Road
and Concession Street East. This intersection has been identified as a
prominent intersection.
16.7.1.3 Collectively the Municipal Wide Park, including the Designated
Heritage buildings and landscape features, the trail network, the stormwater
management system, and lands designated Environmental Protection Areas will
form the backbone upon which this Special Policy Area F Neighbourhood will be
built. All components shall seamlessly integrate with and transition from/to the
adiacent residential develoaments.
16.7
16.7.2 Land Use
16.7.2.1 The Block Master Plan as depicted in Figure 1, establishes the land use
pattern to guide development within Special Policy Area F.
Page 262
16.7.2.2 The following land use designations apply within Special Policy Area F
and are shown on Figure 1:
a) High Density Residential/Mixed Use Local Corridor
b) Medium Density Residential - Local Corridor
c) Medium Density Residential - Heritage
d) Low Density Residential
e) Environmental Protection Area
f) Municipal Wide Park
16.7.2.3 Additional dwelling units are permitted in accordance with the Official
Plan.
16.7.2.4 Drive -through facilities and service stations are not permitted in any
land use designation.
16.7.2.5 Block layout shall be provided in accordance with Section 9.3.5 of the
Official Plan. In the event condominium blocks cannot provide
independent access to a public street(s) the appropriate agreements
and cost sharing arrangement shall be established through the
development approval process.
16.7.3 High Density Residential/Mixed use Local Corridor
16.7.3.1 Lands designated High Density Residential/Mixed Use Local Corridor
are located along the Lambs Road Local Corridor.
16.7.3.2 The High Density Residential/Mixed Use Local Corridor designation
allows for the greatest concentration of density and mix of uses within
Special Study Area F.
16.7.3.3 The intersection of Lambs Road and Concession Street East is
designated as a Prominent Intersection.
Permitted Uses, Built Form and Density
16.7.3.4 The High Density Residential/Mixed Use Local Corridor is a
predominantly residential land use designation that permits residential,
retail, office, and service commercial uses.
16.7.3.5 The permitted dwelling types shall be an apartment building or a mixed
use building.
16.7.3.6 Retail, office and/or service commercial uses are required on the first
floor of any mixed use building located at the Prominent Intersection in
accordance with section 10.6.7 of the Official Plan.
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Page 263
16.7.3.7 Building heights shall be a minimum of 5 storeys and have a maximum
of 6 storeys.
16.7.3.8 Development on lands designated High Density Residential/Mixed Use
Local Corridor shall have a minimum net density of 40 units per net
hectare.
16.7.3.9 The highest and most dense form of development shall be located
fronting Lambs Road and Concession Street East intersection.
Development shall provide a transition to less dense and lower scale
buildings in adjacent designations.
16.7.4 Medium Density Residential — Local Corridor
16.7.4.1 The lands designated as Medium Density Residential — Local Corridor
are located along the Lambs Road Local Corridor and in proximity to
the Prominent Intersection along Concession Street East.
Permitted Uses, Built Form and Density
16.7.4.2 The Medium Density Residential — Local Corridor is a residential land
use designation that permits residential units in a mix of housing types
and tenures in low rise building forms.
16.7.4.3 Retail, office, and service commercial uses are only permitted within a
mixed use building.
16.7.4.4 Permitted dwelling types include:
a) Townhouses
b) Back to back townhouses
c) Stacked townhouses,
d) Apartment buildings, and
e) Other dwelling types that provide housing at the same densities as those
listed above.
16.7.4.5 Building heights shall be a minimum of 4 storeys and a maximum of 6
storeys.
16.7.4.6 Development on lands designated Medium Density Local Corridor shall
have a minimum net density of 40 units per net hectare.
16.7.5 Medium Density Residential — Heritage
16.7.5.1 The lands designated Medium Density Residential - Heritage are
located within the Lambs Road Local Corridor and adjacent to the
Municipal Wide Park.
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16.7.5.2 Development within the Medium Density Residential — Heritage land
use designation shall be complimentary yet subordinate to the adjacent
designated Heritage site.
16.7.5.3 A Heritage Impact Assessment including a view assessment shall be
conducted prior to any development within the Medium Density
Residential — Heritage designation to identify where new buildings can
be located, along with their relative heights and massing required to
conserve the elements identified in the National and local cultural
heritage designations.
16.7.5.4 The Assessment identified in Section 16.7.5.3 shall also address the
policies in Section 16.7.8, the recommendations in the Urban Design
Guidelines prepared by DTAH dated April 12, 2019, and the adjacent
designated Heritage site.
Permitted Uses, built form and density
16.7.5.5 Medium Density Residential — Heritage is a residential land use
designation that permits residential units in a mix of housing types and
tenures in low-rise building forms.
16.7.5.6 Permitted dwelling types include:
a) Townhouses,
b) Stacked Townhouses,
c) Back to back townhouses,
d) Apartments and
e) Other dwelling types that provide housing at the same densities as those
listed above.
16.7.5.7 Building heights shall be a minimum of 2 storeys and a maximum of 4
storeys.
16.7.5.8 Development on lands designated Medium Density -Heritage shall
have a minimum net density of 40 units per net hectare.
16.7.6 Low Density Residential
16.7.6.1 Low Density Residential is a residential land use designation that
permits residential units in a mix of housing types and tenure forms in
low rise building form.
16.7.6.2 Permitted dwelling types include
a) Single detached dwellings,
5
Page 265
b) Semi-detached dwellings,
c) Townhouses,
d) Stacked townhouses,
e) Back to back townhouses, and
f) Other dwelling types that provide housing at the same densities as those
listed above.
16.7.6.3 In areas designated Low Density Residential, a mix of dwelling types
and tenure shall be provided including a mix of freehold units having
frontage along a public right of way.
16.7.6.4 Building heights shall generally be a maximum of 3 storeys in height.
16.7.6.5 Notwithstanding 16.7.6.4 above, dwelling units may be developed with
a maximum height of 4 storeys. The location of the 4 storey units shall
determined through the development approvals process and will be
specified in the implementing zoning by-Iaw(s).
16.7.6.6 Four storey residential development within the Low Density Residential
land use designation shall only be permitted if appropriate transition to
lower rise development can be achieved.
16.7.6.7 Development on lands designated Low Density Residential shall be a
minimum net density of 13 units per net hectare.
16.7.6.8 Parks/open spaces/78outdoor amenity spaces, in addition to the
Municipal Wide Park, may be required in the Low Density Residential
land use designation. Final determination of parkland requirements and
locations will be made through the development approvals process.
16.7.7 Environmental Protection Area
16.7.7.1 Lands designated Environmental Protection Area include natural
heritage features, hydrologically sensitive features and the associated
vegetation protection zones, and hazard lands in accordance with the
Official Plan.
16.7.7.2 The boundary delineation of the lands designated as Environmental
Protection Area are approximate and shall be detailed through
appropriate studies prepared as part of the review of development
applications in accordance with the policies of Special Policy Area F
and the Official Plan.
16.7.7.3 Stormwater Management Facilities are not permitted to be developed in
lands designated Environmental Protection Area. Once constructed,
6
Page 266
Stormwater management facilities shall be designated Environmental
Protection Area and shall be zoned accordingly.
16.7.7.4 The Municipality may require Environmental Protection Areas to be
conveyed to a public authority, where appropriate, as part of the
development approval process at minimal or no cost to the receiving
public authority. Conveyance of lands designated Environmental
Protection Area shall not be considered as contributions towards
parkland dedication requirements under the Planning Act.
16.7.7.5 Trails should be directed outside of natural areas where possible, or to
the outer edge of vegetation protection zones and water crossings
should be minimized. An Environmental Impact Study when prepared
for the adjacent residential lands shall evaluate trail and water crossing
locations.
16.7.8 Municipal Wide Park
16.7.8.1 Views and vistas to and from the Municipal Wide Park shall be
encouraged by the preservation, and enhancement of the view planes
as noted in the National Heritage Designation from the site centre,
radiating out to the east (Lamb's Road) between the existing buildings
and into the Soper Creek valley. These view and vistas provide
opportunities for views of the heritage buildings, central green and
natural heritage features.
16.7.8.2 The existing buildings are to be adaptively re -used to accommodate a
range of uses that would contribute positively to the surrounding
residential community and Clarington.
16.7.8.3 The replanting and restoration of the landscape, especially the
replacement of the trees along Park Drive should be pursued.
16.7.9 Urban Design
General
16.7.9.1 Special Policy Area F should be designed to achieve a walkable
complete community that is diverse in use and population, and has a
well-defined and high - quality public realm, as follows:
a) Achieve a high quality public realm which is safe, accessible, comfortable,
visually -pleasing, and animated, supports active transportation and
community life, and contributes to the distinct character of Special Policy
Area F.
b) Implement a development pattern that connects streets, trails and
pedestrian routes through the area and to adjacent neighbourhoods in
support of active transportation; and
7
Page 267
c) Implementa a consistent built form
16.7.9.2 The Urban Design Guidelines prepared by DTAH dated April 12, 2019,
provide specific guidelines for both the public and private sectors. They
indicate the Municipality of Clarington's expectations with respect to the
character, quality, and form of development in Special Policy Area F.
The Urban Design Guidelines are approved by Council, do not require
an amendment to implement an alternative design solution, or solutions
at any time in the future, provided the principles are maintained.
16.7.9.3 Development in Policy Area F shall achieve the following objectives
which are specifically related to the Municipal Wide Park.
a) To acknowledge the historical value of the existing buildings and
landscape elements in the Municipal Wide Park as defined by the National
Heritage Designation;
b) To design new development surrounding the Municipal Wide Park to
reflect public value and amenity opportunity represented by the
valleylands;
c) To design new development surrounding the Municipal Wide Park utilizing
landscaping as a transition between the built environment and its natural
and heritage surroundings, including integrated stormwater management
strategies; and
d) To allow for the adaptive re -use of the heritage buildings, contained within
the Municipal Wide Park over time as partnerships and funding sources
become available.
Prominent Intersection
16.7.9.4 The Intersection of Concession Street East and Lambs Road is
considered a Prominent Intersection.
16.7.9.5 Prominent Intersections shall serve as community focal points, both
visually in terms of building height, massing and orientation,
architectural treatment and materials, and landscaping, and functionally
in terms of destination uses and public spaces and amenities such as
street furniture and public art.
16.7.9.6 The greatest heights and densities shall occur at Prominent
Intersections. These areas are also encouraged to have a concentration
of retail, office and service commercial uses.
16.7.9.7 Privately owned publicly accessible plazas shall be located at
Prominent Intersections to contribute to their visual prominence,
reinforce their role as community focal points, improve the relationship
of built form to the public right- of -way, and contribute to the area's
identity.
Public Realm
16.7.9.8 The public realm is comprised of roads, sidewalks, the Municipal Wide
Park, the Soper Creek valleylands and their associated vegetated
buffers, stormwater management facilities, and private lands that are
publicly accessible.
Roads and Lanes
16.7.9.9 All roads and lanes shall be designed in accordance with the Official
Plan unless otherwise provided herein.
16.7.9.10 All roads and lanes shall provide safe and convenient access for
vehicles, pedestrians, and bicycles.
16.7.9.11 Public Roads identified in Block Master Plan Figure 1 are conceptual
and the location and number of local roads required may be amended
through the development approvals process.
16.7.9.12 All roads and lanes shall be subject to comprehensive streetscape
requirements including landscaping, that will provide a comfortable
shaded environment for pedestrians.
16.7.9.13 Lanes shall provide access for service and maintenance vehicles for
required uses as deemed necessary by the Municipality and may
include enhanced laneway widths and turning radii to accommodate
municipal vehicles including access for snowplows, garbage trucks and
emergency vehicles where required.
Park Drive
16.7.9.14 Park Drive shall be designed to also include several specific design
elements including:
a) All metre wide right of way that includes a 7 metre wide paved portion to
permit occasional two way vehicle movement
b) A Multiuse path that connects to the Municipal Wide Park and
c) A rural cross section.
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Page 269
16.7.9.15 The paved portion of Park Drive located south of the Municipal Wide
Park is intended to be only used for occasional public traffic or for
maintenance purposes.
Urban Tree Canopy
16.7.9.16 Together, new development and public realm improvements shall
establish an urban tree canopy to minimize the heat island effect,
provide for shade and wind cover and contribute to a green and
attractive environment.
16.7.9.17 New development and public realm improvements are required to use
native plant species wherever possible, particularly along rights -of -way
and pedestrian trails.
16.7.9.18 New development and public realm improvements shall only use native
plantings within 30 metres of Environmental Protection Areas.
16.7.9.19 All private development shall be supported by landscape plans which
demonstrate how the development will contribute to the urban tree
canopy, improve the health and diversity of the natural environment,
support other local plant and animal species, and further enhance the
connectivity of the built environment to natural heritage features and
hydrologically sensitive features.
Parking
16.7.9.20 To reduce the visual impact of surface parking and to increase
opportunities for at grade amenity areas the provision of underground or
structured parking shall be encouraged for higher density forms. For
apartment buildings over 4 storeys underground parking is required to
accommodate for 70% of the required parking.
16.7.9.21 Surface parking for developments within all high and medium density
designations shall be located to the side or rear of the principal
buildings and in consideration of adjacent uses and public right of ways.
Appropriate landscaping and screening measures shall be provided.
16.7.9.22 Public parking associated with the Municipal Wide Park may utilize the
existing parking lots on the west side of Park Drive. Additional public
parking to support the adaptive re -use of the heritage structures will be
discretely located within the Municipal Wide Park.
Residential Development
16.7.9.23 Residential Development adjacent to Environmental Protection Areas
should seek to optimize public exposure and visual access into the
natural areas. Ravine lots are discouraged to allow for visual and
physical access to Soper Creek throughout the neighbourhood.
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Page 270
16.7.9.24 The interface of Environmental Protection Areas with residential lots
shall consist of decorative fencing. Gates to the adjacent Environmental
Protection Areas are not permitted.
16.7.9.25 Reverse lot frontages onto Arterial roads are not permitted.
16.7.9.26 Development within a higher density and taller built form land use
designation than the adjacent land use designation shall provide for an
appropriate transition to the lower density area including the use of
roads, setbacks, landscaping and building step -backs.
16.7.9.27 Buildings located adjacent to, or at the edge of the Municipal Wide Park
and green spaces, will provide opportunities for overlook.
16.7.9.28 New development should be physically and visually compatible with but
subordinate to the Designated heritage buildings.
16.7.9.29 The architectural style of new development should be contemporary
based on the Prairie -style architecture of the existing buildings in the
Jury Lands buildings in the Municipal Wide Park. Prairie -style
architecture is defined by the prevalence of horizontal lines, flat or
hipped roofs, broad overhanging eaves, and windows grouped in
horizontal bands. Ornamentation is to be minimal; materials and
craftsmanship are to be high quality.
Multi -unit Residential Development
16.7.9.30 The size and configuration of each development block will:
a) Be appropriate for its intended use; and
b) Facilitate and promote pedestrian movement and include a variety of route
options.
16.7.9.31 Each development block will:
a) Have direct access to a public road;
b) Shall provide shared space for both indoor and outdoor amenities, and
c) Be of sufficient size and appropriate configuration to accommodate
development that reflects the planning and urban design guidelines set in
the Official Plan, Special Policy Area F and the DTAH Urban Design
Guidelines.
16.7.9.32 Emergency Access to and within development blocks shall be provided
in keeping with the Clarington Emergency and Fire Services
Development Design Guidelines and to the satisfaction of the Directors
of Planning and Development Services and Fire and Emergency
Services.
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Page 271
16.7.10 Infrastructure, Storm Water Management and Low Impact
Development
16.7.10.1 Infrastructure, stormwater management and utilities shall be integrated
in a manner that is sensitive to the quality of the public realm.
16.7.10.2 The precise location, size and number of stormwater management
facilities will be determined through the development approvals
process.
16.7.10.3 Stormwater management facilities are encouraged to be developed as
naturalized ponds, incorporating native planting, creating natural habitat
for pollinator species, and enhancing biodiversity
16.7.10.4 An optimal street network should seek to provide a maximum level of
public exposure and access to stormwater management facilities.
16.7.10.5 Stormwater Management facilities should integrate safe public access
into their design through trails and seating. Fencing should be avoided
and railings or densely planted areas should be used to discourage
direct access.
16.7.10.6 Stormwater Management plans shall demonstrate how the site will
achieve a post to pre -development water balance.
16.7.10.7 Techniques to achieve the water balance including soak -a -way pits,
infiltration trenches and chambers shall not be located on Low Density
Residential dwelling lots.
16.7.10.8 Low impact development techniques may be located within the
municipal right of ways.
16.7.10.9 All buildings and sites should be designed to use water efficiently,
through such measures as ultra -low flow fixtures, and grey -water
recycling. Buildings are encouraged to collect rainwater for re -use in
the building and/or for irrigation.
16.7.10.10 Landscaping should feature native and adaptive, non-invasive, non-
native species that are drought -tolerant and require little or no irrigation.
16.7.10.11 The use of permeable paving and other pervious surface materials for
hard landscaping and on -site parking is encouraged to maximize water
infiltration.
16.7.11 Implementation and Interpretation
16.7.11.1 Development applications must address the sustainability objectives
and policies of the Official Plan
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16.7.11.2 In order to support the implementation for the Municipal Wide Park the
Municipality of Clarington will consider the development of a Community
Improvement Plan and/or Heritage Conservation District, under Part V
of the Ontario Heritage Act.
16.7.11.3 The following additional mechanisms are intended to acknowledge that
lands adjacent to the Municipal Wide Park are related to the historical
campus and the manner in which they are developed has the potential
to impact the cultural heritage value of the overall site. Additional
mechanisms may include, but are not limited to:
a) Completing a Heritage Impact Assessment when changes are
contemplated to the subject lands that could affect its cultural
heritage value; and/or
b) Completing a cultural heritage landscape evaluation to identify the
cultural heritage landscape attributes and the boundary of the
cultural heritage landscape in accordance with its cultural heritage
landscape status to further understand the site's cultural heritage
value and define specific conservation objectives or strategies.
16.7.11.4 Minor alterations which maintain the general intent of the policies of
Special Policy Area F may occur without amendment through the
development approvals process in accordance with the polices of the
Official Plan.
16.7.11.5 All studies required in support of a development application shall be
prepared in conformity with the policies of the Official Plan unless
otherwise specified in Special Study Area F policies.
16.7.11.6 The provisions of the Official Plan with respect to the implementation
and interpretation of the polices in Special Policy Area F shall apply.
Monuments Board designated area, the MuniGipality Will work with the owners, the
jury Lands FoundatiOR, other levels of governmeRt and iRterested parties
a) Assist the jury Lands FoURdatiOR OR developing a strategiG plan to
implement the nnmmunityyic inn•
,
b) FaGilitatetetra�nsfrer n�Ianrds and b iilydinnSt the
jury -s
Foundation and/nr the M ininipality;
,
G) EnGGYrage ether levolo�oyernnmen-t to suppert the GGRse�watRinn of the
heritage urces and
area's „
13
Page 273
2. By including Block Master Plan Special Policy Area F Figure 1 to Chapter 16
Special Policy Areas immediately following Section 16.7.11.6 as shown on
Exhibit "A" to this Amendment.
3 By amending Map A3 — Land Use Bowmanville Urban Area is as shown on
Exhibit "B" to this Amendment.
14
Page 274
Exhibit 'B' to the Municipality Of Clarington Official Plan Amendment No. ,
Map A3, Landuse, Bowmanville Urban Area
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Attachment 2
to Report PDS-044-21
Special Policy Area F, OPA 121
Sequence of Events
2016
Event
June 2016
Clarington and LRSP enter into a legal agreement regarding an
option to purchase lands for community park at the northeast
corner of Lambs Road and Concession Road East and outlines
obli ations of both parties for 2020 Lambs Road
November 2016
Council approves Official Plan Amendment 107 which includes
S ecial Policy Area F
November 2016
RFP-2016-10 for Jury Lands Community Vision issued
December 2016
Report COD-024-16 is approved awarding contract to DTAH
for development of Community Vision and Urban Design
Guidelines
2017
Event
May 2017
Request by LRSP to include east side of Lamb's Road in
Special Policy Area F
May 2017
DTAH contract amended to provide for a concept plan for East
side of Lamb's Road to inform Secondary Plan for Soper Hills
when it proceeds
Throughout 2017
On -going discussions between DTAH, LRSP and Municipality
on Urban Design principles, concepts, built form and
Community Vision
October 2017
Report PSD-080-17 heritage designation under Ontario
Heritage Act, based on 2013 National designation and work by
Goldsmith Borgal & Company Ltd. Architects, Camp
30/Bowmanville Boys School Condition Survey and
Mothballing Plan, October 2014 and DTAH urban design
principles, deferred until November
November 2017
Revised Schedule for heritage designation by-law, agreed to
with LRSP and deferred Report approved.
2018
Event
January 2018
Heritage Designation By-law 2018-001 designates six buildings
and campus area under Ontario Heritage Act
June 2018
Open House on Community Vision in conjunction with Soper
Creek Trail, Phase II concept plan review.
September 10, 2018
Public Meeting Report PSD-067-18 and Staff Presentation
seeking additional public comments
Page 276
Attachment 2
to Report PDS-044-21
2018
Event
October 11, 2018
Pre -consultation meeting with MoC, CLOCA and Region Staff
on ZBA and Subdivision requirements.
2019
Event
April to October
Numerous meetings and discussion with LRSP, comments
2019
submitted
June 7, 2019
Letter from LRSP confirming when they would turn over the
first of a number of dedications of parkland in central campus
June, 2019
Report PSD-029-19, presentation by DTAH of the Community
Vision and urban design framework as outlined in their April 12,
2019 report. Council heard delegations from Jury Lands
Foundation, ACO-Clarington Branch and members of the
public. The Council requested staff prepare a
Recommendation Report on the proposed Official Plan
Amendment.
September 30, 2019
Recommendation Report, PSD-041-19 containing a revised
draft Official Plan amendment. Council heard from LRSP, their
consultants, Jury Lands Foundation, FarSight Investments,
ACO-Clarington Branch. Council deferred and then later in
October tabled this report to allow for further discussion and
consensus building with land owners.
November, 2019
Review and consultation with land owners and consultants on
the comments and revisions they have suggested to draft OPA.
2020
Event
May 21, 2020
LRSP submit Official Plan Amendment application and
background documentation (e.g. studies) for the portion of
Special Policy Area F in their ownership.
May 25, 2020
Council Notice of Motion to "lift from table" PSD-041-19
June 15, 2020
Letter dated June 10 from LRSP, communications item at June
15 Council referred to June 29 PDC. LRSP delegation to PDC
regarding Seniors and Affordable Housing at Camp 30.
Submission by Farsight indicating they have not been
consulted by on private OPA by LRSP.
June 26 and 29,
Staff Memos to MMC indicating that municipal initiated draft
2020
OPA did not address a Senior's Campus. Council approved
#PD-111-20 which called for withdrawal of the private OPA,
consideration of a mediator or third party land use planning
expert and report back in the Fall.
Page 277
Attachment 2
to Report PDS-044-21
2020
Event
June through
Discussion on Affordable Housing and Assisted Living
September 2020
definitions and where they are allowed in residential areas,
plus other surrounding services.
July 2020
Conceptual Plan Submission from Farsight Investments on
their lands and request for pre -con.
July 30, 2020
Pre -consultation with LRSP on private OPA application which
deviates in a number of areas from draft OPA 121, pre -con
minutes issued but not signed back. Application remains
incomplete.
August 20, 2020
Pre -consultation with Farsight on their submission which is
based on draft OPA 121, pre -con minutes issued and signed
back.
August through
Numerous meetings and discussions with LRSP, Jury Lands
October 2020
Foundation, Farsight Investments. LRSP submitted an overall
concept plan for entire property which Staff met with owners on
a bi-weekly basis to understand and appreciate.
September 9, 2020
Meeting with JLF to review concept showing development
within the ring road area for Assisted Living.
November 16, 2020
Report PSD-051-20 providing an update with visualizations of
three different proposals from land owners, DTAH and draft
OPA 121. LRSP (and consultants) are a delegation to PDC
along with Jury Lands Foundation, and ACO-Clarington
Branch. Council approved #PD-183-20 which accepted DTAH
Community Vision, prohibited private residential development
within ring road, retained SGL (consulting team for Soper Hills
Secondary Plan) and continued discussion with lands owners
and interested parties.
December 2020
Meeting between SGL, LRSP and Municipality providing
additional options for development to address requested
density. LRSP rejected the proposal as they did not believe it
provided them with sufficient flexibility and density.
2021
Event
January through
SGL and AGI reviewed draft OPA and DTAH study providing
May, 2021
commentary to staff on how to adjust and improve OPA.
March 11, 2021
Mtg between LRSP land owners and new Director outlining
their priorities for development including Camp 30.
June 28, 2021
Proposed Resolution at Council for an ad -hoc Committee to
resolve issues with Developer, referred to July 5 Council
meeting.
Page 278
Attachment 2
to Report PDS-044-21
July 5, 2021
Memo to MMC that draft OPA 121 is scheduled for September
13, 2021 Joint Committee meeting. Ad -hoc committee
resolution failed.
July through August,
Staff worked on revising OPA in consultation with SGL and
2021
commenting agencies.
August 9, 2021
Notice of Recommendation Report mailed or emailed to all
property owners within the Special Policy Area and Interested
Parties list, Mayor and Members of Council, Department
Heads, the Region, and CLOCA.
August, 2021
Meetings and Discussion with Owners and individual Council
members on refined OPA
September 2, 2021
Meeting and Discussion with Jury Lands Foundation on
proposed development in proximity to Cafeteria and Triple
Dorm while limiting height and requiring heritage and view
assessments
September 9, 2021
Agenda Published — Recommended OPA 121 available
September 13, 2021
Joint Committee Meeting
TBD
Council Adoption of OPA 121
TBD
Updating Legal Agreement
TBD
Processing of Subdivision and Zoning By-law Amendments
Page 279
Attachment 3
to Report PDS-044-21
Public and Landowners Comments Summary Table
Submission
Date, Number
Name, group (if
applicable)
Summary of Comments
Response
June 2018
Summary
Retain natural beauty and as many of the historic
Comments
SPAF-1
Comments
buildings as practical
carried forward
made during
Consider wildlife, ecology, natural spaces, protect
as a part of
Open House
species at risk
review process.
• Include community gardens on the site to serve
nearby proposed residences
• Support idea of demonstration garden with produce
supplying local eatery
• The development and building form appear to be
higher in density than adjacent lands and should be
less dense and lower in height.
• Provide special event venue space for 100+ people
• Property has been subject to severe vandalism
July 31, 2018
Comments on
• The limited range of land uses, density and built form
Comments
letter from
behalf of LRSP
types include in the vision for the Jury Lands, which
carried forward
Bousfields
amongst other matters could have a direct impact on
as a part of
SPAF-2
affordability and accessibility;
review process.
• Lack of clarity on how the integration of the vison for
the Jury Lands will work with the vison for the
Secondary Plan area to the east, including the
creation of a hub at the Lambs Road and east -west
street;
• Incomplete information on future process, and
associated timing, to implement the vision including
1 1 P a g e
Page 280
Submission
Name, group (if
Summary of Comments
Response
Date, Number
applicable)
opportunities to participate prior to the preparation of
statutory documents.
August 2, 2018
Steve Coles on
• The Jury Lands Foundation is supportive of the Jury
Comments
SPAF-3
behalf of Jury
Lands Urban Design Master Plan + Design Guidelines
carried forward
Lands
report.
as a part of
Foundation
• this will create a destination park that citizens of not
review process.
just Bowmanville but beyond could travel to and learn
about the history of the site along with the unique
example of the Carolina forest,
• the site will be linked into the trail system,
• the access as proposed means people can walk, ride
bicycles or use public transit along with a car to
access the park from Concession St, Lambs Rd or the
trail.
• it would be beneficial to approve the plans and begin
development of the park area; thereby giving the Jury
Lands Foundation the opportunity to begin the process
of repurposing the heritage buildings.
August 23, 2018
David Winkle
• It is disappointing to see more residential area
Comments
SPAF-4A + B
proposed here as well as the Farsight property.
carried forward
• The Sopercreek valley and adjacent lands are so
as a part of
important to biodiversity.
review process.
• To get a better understanding of how important natural
spaces are in Southern Ontario and Canada
August 28, 2018
Letter from
• The community vision calls for a mix of housing types
Comments
SPAF-5
ACO
and densities, with public access and views to Soper
carried forward
Page 281
Submission
Name, group (if
Summary of Comments
Response
Date, Number
applicable)
Creek valley. While development of the lands
as a part of
surrounding the central campus and its historic
review process.
buildings is welcome, it also needs to be in character
with the heritage buildings, it should be low-rise and
nestled within the landscape like the existing buildings.
The heritage buildings should be predominant. The
recommendation that the area within the ring road be
a public park with historical interpretation is most
welcome.
• PSD-067-18, September 2018 was the Statutory
Public Meeting report. Its purpose was to seek
additional public comments, in addition to those
already received at the open house held in June 2018
on DTAH concept plan and urban design guideline.
Sept 10, 2018
Erin O'Toole,
• Erin O'Toole, MP, provided thanks to staff and the
Comments
Delegation
MP
Jury Lands Foundation for their work on this project.
carried forward
SPAF-6
He stated that this is a special project for Clarington's
as a part of
National Historic site. MP O'Toole also thanked the
review process.
community for their ongoing support. He explained
that this would be one of the only examples in Ontario
of a mixed use parkland and historical designated site.
MP O'Toole noted that the National Historical marker
will be placed once a plan is approved.
Sept 10, 2018
Comments on
• Marilyn Morawetz, representative of the Jury Lands
Comments
Delegation
behalf of Jury
Foundation, spoke in support of the application. Ms.
carried forward
SPAF-7
Lands
Morawetz explained that the Jury Lands Foundation's
as a part of
Foundation
has worked closely with staff and the developers in
review process.
3 1 P a g e
Page 282
Submission
Date, Number
Name, group (if
applicable)
Summary of Comments
Response
hopes to achieve the proposed recommendations in
Report PSD-067-18. She explained that the proposal
embodies the goals of the Jury Lands Foundation,
including the preservation of the heritage buildings
and campus layout, as well as providing the
opportunity to educate visitors. Ms. Morawetz
explained that the Jury Lands Foundation has also
been working with the Architectural Conservancy of
Ontario (ACO) — Clarington Branch, the Clarington
Museum, and more recently the consultants of DTAH.
Ms. Morawetz noted that the Jury Lands Foundation
has provided many presentations and explained that
the stories related to this property throughout its
history are of interest and will remain significant. She
advised the Committee that at the first Doors Open
Clarington in 2010, more than 1300 people
experienced a tour on the Jury Lands. Ms. Morawetz
explained that the Jury Lands Foundation supports the
proposed park concept for area two as outlined in the
Staff Report with housing development along Lambs
Road provided they are in scale and proportionate to
the existing historic buildings. She stated that the
sightlines are significant to the campus plan and need
to be maintained and protected as an important
feature of the campus layout. Ms. Morawetz explained
that the Jury Lands Foundation supports the proposed
residential development. She mentioned that public
access and vision lines to the Soper Creek Valley are
important features as proposed in the Report and
should also be maintained. Ms. Morawetz also
4 1 P a g e
Page 283
Submission
Name, group (if
Summary of Comments
Response
Date, Number
applicable)
advised the Committee that the historic roadway
should remain a park lane. She explained that the Jury
Lands Foundation would like the plans to be approved
in order to secure funding for the initiative. Ms.
Morawetz concluded by stating that the Jury Lands
Foundation supports the Report PSD-067-18 as
presented.
Sept 10, 2018
Comments on
Bernice Norton, representative of the Architectural
Comments
Delegation
behalf of ACO-
Conservancy of Ontario (ACO) — Clarington Branch,
carried forward
SPAF-8
Clarington
spoke in support of the application. Ms. Norton stated
as a part of
Branch
that she is a Ehrenwort Trail guide. She noted that
review process.
since the grand opening of the trail in May 2016, there
has been over 36 guided tours with 835 visitors. Ms.
Norton advised the Committee that there is one tour
scheduled for September 22, 2018 at 2:00 PM. She
explained that the visitors have come from all around
the Province and beyond, to participate in the guided
tours.
Sept 10, 2018
No one spoke in opposition to application
Nov 23, 2018
Comments on
In our opinion that the Local Corridor policies are not
Urban
letter from
behalf of LRSP
appropriate to the subject site, as the Lambs Road
Structure of
Bousfields
frontage has a depth greater than 100 metres and
Official Plan
SPAF-9
extends towards the natural features. The application
employs local
of this corridor policy would not be appropriate given
corridor policies
the structure of the subject site, in that there is a
to designate
cluster of cultural heritage features intersected by
specific
natural heritage features central to the subject site.
corridors for
These defining elements mean that the structure
higher density
51Pa^
Page 284
Submission
Name, group (if
Summary of Comments
Response
Date, Number
applicable)
contemplated by the Local Corridor policies could not
all along
in fact be applied. Therefore, it is our opinion, that the
corridor.
policy in the proposed OPA should be revised to
reflect the unique context of the site.
• In our opinion applying a maximum number of units is
not appropriate, as it effectively limits flexibility with
respect to the development potential and restricts built
form options of the Special Policy Area.
• In our opinion, there is an opportunity to restructure
the Official Plan Amendment to be presented in a
similar form as other special policy sections in the
Clarington Official Plan.
• PSD-029-19, June 2019 was an opportunity for
Council to receive a presentation from Megan Torza of
DTAH about the Community Vision and urban design
framework outlined in their report (Attachment 1). The
recommendation was for staff to prepare a
recommendations report on the proposed Official Plan
amendment.
June 3, 2019
Comments on
Marilyn Morawetz, was present regarding Report
Comments
delegation
behalf of Jury
PSD-029-19, Community Vision for Jury Lands, Urban
carried forward
SPAF-10
Lands
Design Master Plan + Design Guidelines for former
as a part of
Foundation
Ontario Boys Training School and WWII Prison of War
review process.
Camp 30 Amendment. Ms. Morawetz explained that
the Jury Lands Foundation's has worked closely with
staff and the developers in hopes of establishing a
destination space that will attract tenants, commerce
and tourists in a community park setting that will
6 1 P a g e
Page 285
Submission
Date, Number
Name, group (if
applicable)
Summary of Comments
Response
enhance Clarington for its residents and guests. She
stated that the Jury Lands Foundation was formed as
a result of a Task Force set up by Council in late 2013.
Ms. Morawetz explained that the Board has continued
to work on behalf of the community as a not -for -profit
corporation, established in 2014, with by-laws setting
out its governance and membership requirements.
She stated that the Foundation and its partners
continue to work to educate and promote the
significance of the site and the buildings as well as
advocate for the rejuvenation of the site by providing
presentations and tours. Ms. Morawetz advised the
Committee that the Foundation received funding and
contributions for a trail on the site. She added that the
Foundation has continued to work with the
Municipality of Clarington resulting in a trail licence
agreement, a building conditions survey, negotiations
that resulted in the 2016 legal agreement and
implementation of Special Policy F in the Official Plan
which resulted in the community vision being
presented. Ms. Morawetz noted that the Foundation
supports the community vision and would like to see
progress from the developer on implementation of the
residential development. She advised the Committee
that the Foundation also supports the concepts
outlined in the urban design master plan and design
guidelines. Ms. Morawetz would like redevelopment of
one or two buildings to begin. She explained that they
have been halted by the lack of Jury Land ownership
and have applied twice for charitable status and have
7 1 P a g e
Page 286
Submission
Date, Number
Name, group (if
applicable)
Summary of Comments
Response
been denied as a result. Ms. Morawetz noted that they
need charitable status to carry out necessary
fundraising to facilitate the revitalization of the
buildings. She stated there is a need for the developer
and the Municipality of Clarington to commit to a plan
that would move everyone forward. Ms. Morawetz
asked the Committee to support the Community Vision
and support the project. She thanked the Committee
and answered questions.
June 3, 2019
Comments on
Aidan Grove -White, Manager, Strategy Corp., was
Comments
SPAF-11
behalf of LRSP
present regarding Report PSD-029-19, Community
carried forward
Vision for Jury Lands, Urban Design Master Plan +
as a part of
Design Guidelines for former Ontario Boys Training
review process.
School and WWII Prison of War Camp 30
Amendment. Mr. Grove -White explained that he is
working for the Kaitlin Group. He stated that he
reviewed the Report PSD-029-19 and that it is an
exciting proposal. Mr. Grove -White noted that he
visited the Jury Lands site, and observed that the
remaining buildings are not in a good state. He
explained that the development should happen in
tandem with the improvements of the property and
have been in communication with Municipality of
Clarington staff regarding massing and site lines. Mr.
Grove -White stated that he is concerned that the cost
for the project is not known, and that there are only
estimates. He mentioned that a project of this size
could be approximately $25 to $30 million, which only
includes the construction cost and building materials.
Page 287
Submission
Name, group (if
Summary of Comments
Response
Date, Number
applicable)
Mr. Grove -White advised the Committee that they
need to get a better fix on how and when the buildings
will be rehabilitated, so that they do not become
eyesores when the development is complete. He
stated that they are willing to work with the
Municipality of Clarington to produce a plan or a
potential "Plan B".
June 7, 2019
Comments on
Letter confirming when turn over of first of a number of
Letter from
behalf of LRSP
park dedications would occur and concept plan
LRSP
showing Cafeteria Building.
SPAF-12
July 22, 2019
Comments on
Precedents Memo on Special Policy and pockets of
Comments
memo from
behalf of LRSP
high density in other municipalities.
carried forward
Bousfields
In response to the request by Clarington staff for
as a part of
SPAF-13
examples of similar developments and the associated
review process.
policies that permitted the development, the following
provides relevant examples from across the region.
These precedents have been included because they
have similar attributes to development blocks in the
Jury Lands, particularly Area 4, including isolated
parcels surrounded on two or three sides by open
space areas, including natural features with limited
points of access. In particular, these examples include
parcels with medium to high density residential
development. In some cases, the examples have been
fully built -out and in others the development is
currently underway.
M
Submission
Name, group (if
Summary of Comments
Response
Date, Number
applicable)
August 19 email
Comments on
We recognize the unique physical context and the
Comments
from Bousfields
behalf of LRSP
need to protect and integrate the natural and cultural
carried forward
SPAF-14
heritage features with the proposed development,
as a part of
however, there are other provincial and regional policy
review process.
directions regarding, amongst other matters,
intensification within the built boundary and along
corridors, and the efficient use of land, the
Municipality's proposed direction for the development
does not address.
• Area 4 needs to take into consideration and be
considered as part of the Local Corridor.
August 22 email
Comments on
As we discussed there is a difference of opinion
Staff will
from Farsight
behalf of
between Clarington and Kaitlin Corporation
continue to
SPAF-15
Developers
predominately around the proposed densities for the
work with land
residential development areas. I have attempted to
owners.
meet with Kaitlin over the past week to determine
whether there is a reasonable solution or compromise
to the density issue. Look for ways to resolve
disagreement over density.
Sept 17, 2019
Comments on
Edits to draft OPA.
Comments
Email from
behalf of LRSP
carried forward
Bousfields
as a part of
SPAF-16
review process.
Sept 27, 2019
Comments on
Increase range and maximum number of units
Comments
letter from
behalf of LRSP
• Increase height throughout the Special Policy Area
carried forward
Bousfields
• Area 4 emergency access should not be a
as a part of
SPAF-17
requirement, rather result of an engineering study.
review process.
10
Page 289
Submission
Name, group (if
Summary of Comments
Response
Date, Number
applicable)
• Marked up Official Plan Amendment in SPAF-16
Sept 30, 2019
Comments on
• Marilyn Morawetz, Jury Lands Foundation, was
Comments
Delegation
behalf of Jury
present regarding Report PSD-041-19, Jury Lands
carried forward
SPAF-18
Lands
Official Plan Amendment. Ms. Morawetz supports the
as a part of
Foundation
recommendations contained in Report PSD-041-19
review process.
and asks the Committee to approve them. She
advised the Committee of the importance of making a
decision on the property. Ms. Morawetz explained that
the increased density proposed by the developers will
negatively impact the future uses for this site. She
would like to know if the Municipality has been given
any assurances by the land owners that the project
will move forward. Ms. Morawetz stated that the land
owners neglected to act on, or comply with, the
standard requirements for buildings and damages
occurred. She noted that, in 2016, an agreement was
made such that the owners would sign over a building,
but the transaction has never happened. Ms.
Morawetz explained that the nature of the lands and
the uses of the buildings will be able to co -exist with
the future development. She requested that the
Committee approve recommendations contained in
Report PSD-041-19.
Sept 30, 2019
Comments on
Emma West, Bousfields Inc., was present regarding
Comments
Delegation
behalf of LRSP
Report PSD-041-19, Jury Lands Official Plan
carried forward
SPAF-19
Amendment. Ms. West explained that she has
as a part of
reviewed the Report and provided comments to staff.
review process.
She is requesting that, before the Official Plan
11 1 Page
Page 290
Submission
Date, Number
Name, group (if
applicable)
Summary of Comments
Response
Amendment is approved, the following changes be
considered:
i. The maximum height in the local corridor area be
increased from four stories to six stories;
ii. In the north portion of the property allow for 30% of
portion to be 6 stories;
iii. A secondary emergency access be reviewed when
plans are submitted; and
• Ms. West stated that Lambs Road is a local corridor
area and the requests are consistent with the Region,
Provincial and Municipal plans. She answered
questions from the committee.
Sept 30, 2019
Comments on
Bob Schickedanz, Far Sight Homes, was present
Comments
Delegation
behalf of
regarding Report PSD-041-19, Jury Lands Official
carried forward
SPAF-20
Farsight
Plan Amendment. Mr. Schickedanz owns land in the
as a part of
Investments
northern section of this block. He explained that it
review process.
Inc.
takes time and effort to implement and create a new
community. Mr. Schickedanz stated that the site is
unique and the cost to develop is significantly higher
than normal development. He would like the access to
the northern block of land be triggered by engineering
staff not the number of units. Mr. Schickedanz
explained that, for the development to be economically
feasible and produce reasonable priced homes, the
density needs to be increased. He mentioned that the
increased density means that more residents will be
able to enjoy the features of the property.
121 Page
Page 291
Submission
Date, Number
Name, group (if
applicable)
Summary of Comments
Response
Sept 30, 2019
Comments on
Enzo Bertucci, Kaitlin Corporation, was present
Comments
Delegation
behalf of LRSP
regarding Report PSD-041-19, Jury Lands Official
carried forward
SPAF-21
Plan Amendment. Mr. Bertucci explained that he has
as a part of
had productive meetings with staff. He would like
review process.
minor amendments made to what is provided in
Report PSD-041-19. Mr. Bertucci stated that they
have submitted a letter to staff and the Committee with
the proposed amendments they are requesting. He
explained that their proposal is no different than
common developments within the Region. Mr. Bertucci
would like to see a greater range in density on the
property, and that the six stories will make ensure the
buildings are more accessible. He stated the six
stories is not high density and is still mid -range. Mr.
Bertucci explained that they do not want to delay the
project and it is close to being acceptable for all
parties. He explained that the development footprint
got smaller after the land for the Municipal Park was
increased, but they still need to ensure they can meet
the minimum standards for the property. Mr. Bertucci
stated that, if the minor amendments proposed can be
approved, then the project can move forward
immediately, but if they are not approved the site
becomes undevelopable.
October 7,2019
Comments on
Comments on OPA (mark-up)
Comments
Email from Enzo
behalf of LRSP
Discussion on transfer of cafeteria building
carried forward
SPAF-22
Withdrawal of Demolition Permits for buildings.
as a part of
review process.
131 Page
Page 292
Submission
Name, group (if
Summary of Comments
Response
Date, Number
applicable)
October 22,
Comments on
We request that revisions be made to the proposed
Comments
2019
behalf of LRSP
OPA which recognize the uniqueness of the subject
carried forward
Letter from
site; integrate the permissions with respect to density
as a part of
Bousfields
and units counts that are contextually sensitive and in
review process.
SPAF-23
particular increase the height permissions in the
developable lands at the north end of the plan area.
• As written the OPA is not consistent with the
Provincial Policy Statement and does not conform to
the Growth Plan. As such, it is our opinion that the
proposed amendment should not be adopted in its
current form.
October 25,
Comments on
On behalf of developers collectively, looking to delay
Comments
2019
behalf of
consideration of Official Plan amendment, suggests
carried forward
Letter from
Farsight
more time is needed to resolve issues.
as a part of
Farsight
Investments.
Give consideration of the recommendations made by
review process.
SPAF-24
Bousfields to address density in Area 4
October 28,
Comments on
Katharine Warren was present regarding Report PSD-
Comments
2019
behalf of Jury
041-19 — Community Vision for Jury Lands, Urban
carried forward
Delegation
Lands
Design Master Plan + Design Guidelines for Former
as a part of
SPAF-25
Foundation
Ontario Boys Training School and WWII Prison of War
review process.
Camp 30 — Amendment No 121 to the Clarington
Official Plan. She advised the Members of Council she
is a local resident as well as a member of the Jury
Lands Board. Ms. Warren stated that she is concerned
with the increased traffic in the area due to the
proposed increased density that will result with this
development. She added that she is also concerned
with the effect on local health care services and is
1411
Page 293
Submission
Name, group (if
Summary of Comments
Response
Date, Number
applicable)
hoping that this is kept in mind as increased
developments results in increased population in
Clarington. Ms. Warren noted that she feels public
safety may also become a concern with this proposed
development. She continued by providing several
comparisons of nearby historic sites with similarities to
the area surrounding this subject property. Ms. Warren
explained that the architectural style (Frank Lloyd
Wright) is very rare, and this style is very low to the
ground, and she feels that that high rise buildings will
take away from this. She referred to the Official Plan
and asked that the surrounding areas be considered in
the design. Ms. Warren answered questions from the
Members of Council.
Feb 6,2020
LRSP
Informing Municipality that they were retaining
Thank you for
Emails from
Letourneau Heritage Consulting to carry out HIA
Information
Enzo
SPAF-26
June 10, 2020
LRSP
Letter from Devon on motion to lift from table.
Visualizations
letter from
Requesting that both the Developers overall concept
of both concept
Devon Daniells
plan and staff's be put before Council for them to
plans were
SPAF-27
make a decision.
presented at
• Developer plan for assisted living for seniors and
the November
affordable housing.
Committee
meeting.
June 12, 2020
LRSP
Owner's Proposal has substantial public benefits.
Visualizations
Letter from Aird
Process that is occurring is questionable and unfair.
of both concept
and Berlis
plans were
15
Page 294
Submission
Name, group (if
Summary of Comments
Response
Date, Number
applicable)
SPAF-28
• Council should giver consideration to Owner's
presented at
proposal.
the November
• Staff action to declare owner's privately initiated
Committee
Official Plan Amendment application "not complete" is
meeting.
highly unusual
• Staff initiated OPA is incompatible with legal
agreement.
June 12, 2020
• Requesting Council allow time for Farsight to meet
Staff met with
Letter from
with Staff and other owners. Should be a co-ordinated
Farsight and
Farsight
effort.
has kept them
SPAF-29
appraised.
June 15, 2020
Comments on
• Devon Daniell, Kaitlin Corporation, was present via
Visualizations
Delegation
behalf of LRSP
electronic mean regarding Report PSD-041-19
of both concept
SPAF-30
Community Vision for Jury Lands, Urban Design
plans were
Master Plan + Design Guidelines for Former Ontario
presented at
Boys Training School and WWII Prison of War Camp
the November
30 — OPA Amendment No 121 (Agenda Item 13.1).
Committee
Mr. Daniell noted that he submitted correspondence
meeting.
outlining Kaitlin's concerns and the reasons for
requesting the Report to be referred. He noted that he
is here to discuss the Municipally initiated OPA 121.
Mr. Daniell noted there are several restrictions which
include not being able to build more 700 units, being
within 100 meters of a road, or in close proximity to
heritage sites. Mr. Daniell stated that this Municipally
initiated Official Plan Amendment is unnecessary and
will limit development. He explained that they worked
hard to put together a team create the proposed
161 Page
Page 295
Submission
Date, Number
Name, group (if
applicable)
Summary of Comments
Response
development that respects heritage, includes diverse
affordable homes and includes senior housing. Mr.
Daniell stated that they would like to bring their
proposal forward to Council and move forward and he
feels Staff is trying to prevent them from doing this. He
explained that he is frustrated and upset as they have
developed a plan and a report which includes 100
acres and 70% of that land is open space and
parkland. Mr. Daniell believes both the Members of
Council and the members of the public should be
aware of the options available. He concluded by
asking for their proposal to be considered and that
both options (Kaitlin's and OPA 121) be presented in
order to allow the Members of Council to make the
right decision for the land. Mr. Daniell answered
questions from the Members of Council.
June 15, 2020
Comments
Peter Van Loan, Aird and Berlis, was present via
Visualizations
Delegation and
submitted on
electronic means regarding Report PSD-041-19
of both concept
Letter
behalf of LRSP
Community Vision for Jury Lands, Urban Design
plans were
SPAF-31
Master Plan + Design Guidelines for Former Ontario
presented at
Boys Training School and WWII Prison of War Camp
the November
30 — OPA Amendment No 121 (Agenda Item 13.1).
Committee
Mr. Van Loan asked for the Official Plan Amendment
meeting.
121 to be deferred until the property owners' proposal
can be considered by the Members of Council. He
explained that there is a generous donation of
parkland which exceeds the amount required under
the Planning Act. Mr. Van Loan explained that a
planning application was submitted on May 21, 2020
171 Page
Page 296
Submission
Date, Number
Name, group (if
applicable)
Summary of Comments
Response
which reflects the donation of the parkland. He
explained that the Municipality and property owner
need to work together and asked for the Municipality
to fully consider the owners' plans. Mr. Van Loan
stated that the Members of Council have the duty to
act fairly and in order to do that all of the relevant
information needs to be reviewed. He asked for the
Members of Council to direct Staff to defer the
proposed Official Plan Amendment until the property
owners' plan can be reviewed. Mr. Van Loan noted
that he is very supportive of heritage preservation and
restoration. He explained that all of the facts are
needed to make an informed decision and that Official
Plan Amendment 121 is based on the DTHA Design
Study. Mr. Van Loan explained that his clients have
made a serious commitment and they are looking to
provide a development which includes high quality
senior housing. He added they have transferred
parkland and cash contributions in the agreement. Mr.
Van Loan stated that the conditions of the agreement
have been fulfilled and if OPA 121 is adopted the
conditions will not longer be satisfied. He concluded
by asking for the property owners' application to be
circulated so an informed decision can be made. Mr.
Van Loan answered questions from the Members of
Council.
June 15, 2020
ACO —
Camp 30 is at the forefront of our minds and actions.
Comments
Communication
Clarington
No active security -counter to the legal agreement.
carried forward
s on Council
Branch
Buildings are being compromised by inaction
as a part of
181Pan
Page 297
Submission
Name, group (if
Summary of Comments
Response
Date, Number
applicable)
agenda
ACO is the lead for tours, we are on site and see what
review process
SPAF-32
is happening.
• Encourage Council to keep central campus as
parkland.
June 15, 2020
JLF
Eleventh hour — critical time to move forward for
Comments
Communication
everyone's benefit. DTAH Plan received much
carried forward
s on Council
positive feedback. Commitments have been made but
as a part of
agenda
then not followed through. Ring Road that
review process
SPAF-33
encompasses heritage buildings is an amazing asset,
locally, provincially, nationally.
• Owner's are aware of our concerns.
• Look forward to continuing to work with Municipality
and owners.
• Includes summary of speaking notes from September
2019, SPAF-18
June 18, 2020
Comments
CHC recognizes need for development and growth
Comments
SPAF-34
from Clarington
OPA falls in line with Official Plan and is supported by
carried forward
Heritage
Committee
as a part of
Committee
2018 designation provides for protection and
review process
maintenance of local heritage assets.
June 29, 2020
Comments
Enzo Bertucci, Kaitlin Corporation, was present via
Visualizations
Delegation
submitted on
electronic means regarding Report PSD-041-19
of both concept
and Concept
behalf of LRSP
Community Vision for Jury Lands, Urban Design
plans were
Plan
Master Plan + Design Guidelines for former Ontario
presented at
SPAF-35
Boys Training School and WWII Prison of War Camp
the November
30 — Amendment No 121 to the Official Plan (OP). Mr.
Committee
Bertucci provided a background of the application
meeting.
submitted on May 21, 2020. He explained that over 20
191 Page
Page 298
Submission
Name, group (if
Summary of Comments
Response
Date, Number
applicable)
reports and studies have been prepared to be
included in his application. Mr. Bertucci asked that the
OPA 121 be deferred to the fall to allow the
Committee to have a proper wholesome review of the
application. He added that public feedback is
important to help understand the key issues and
concerns from residents. Mr. Bertucci answered
questions from Members of Committee.
June 29, 2020
Comments
Peter Van Loan, Aird & Berlis, was present regarding
Visualizations
Delegation
submitted on
Report PSD-041-19, Community Vision for Jury
of both concept
SPAF-36
behalf of LRSP
Lands, Urban Design Master Plan + Design
plans were
Guidelines for former Ontario Boys Training School
presented at
and WWII Prison of War Camp 30 — Amendment No
the November
121 to the OPA. Mr. Van Loan requests that the
Committee
Report be deferred to the fall so that there is an
meeting.
opportunity for a meeting of minds. He explained that
the only way the public benefits is through a voluntary
agreement and added that they want to help achieve
the objective. Mr. Van Loan noted that his clients are
genuine and have full intentions of reaching common
ground. Mr. Van Loan shared a document outlining the
development of the lands. He concluded by answering
questions from Committee.
July 14, 2020
LRSP
Commenting on discussion at Council from July 7t"
Discussion on
Devon Daniells
and offer to co-operate in retention of third party
how process
letter
facilitator.
could work.
SPAF-37
201 Page
Page 299
Submission
Name, group (if
Summary of Comments
Response
Date, Number
applicable)
• Report PSD-051-20 comments and recommendation
from Staff on new elements such as assisted care and
affordable housing as proposed by LRSP. This report
seeks acceptance of the community vision by DTAH
from April 2019. Acceptance of the community vision
would restrict development from the interior of the ring
road area ensuring the area becomes municipal
parkland available to all residents and the heritage
character of the site is conserved and strengthened.
November 15,
David Winkle
• Retain natural beauty and as many of the historic
Comments
2020
buildings as practical
carried forward
communications
Consider wildlife, ecology, natural spaces, protect
as a part of
letter
species at risk
review process
SPAF-38
Current proposal removes too much of green space
and is not sustainable.
November 16,
ACO-
Bernice Norton, Architectural Conservancy Ontario,
Comments
2020 Delegation
Clarington
was present via electronic means regarding Report
carried forward
SPAF-39
Branch
PSD-051-20 Update to Jury Lands (Camp 30) and
as a part of
Draft Amendment No. 121 to the Clarington Official
review process
Plan. Ms. Norton stated that they are in support of the
work being completed in an effort to preserve Camp
30. She provided an update on the tours and noted
that they had 308 visitors this tour season, which ran
from August 1 - October 18, 2020, and included
COVID-19 protocols. Ms. Norton added that there
were visitors who are local and others who came from
across the province. She stated that Camp 30 placed
second in the Reader's Choice awards for best local
21 11
Page 300
Submission
Date, Number
Name, group (if
applicable)
Summary of Comments
Response
tourist attraction by This Week's Durham readers. Ms.
Norton hopes that Council will stand behind the DTAH
as the six remaining original buildings speak to the
vision of the time and historical value of the site. She
noted her concerns regarding a seniors complex or
affordable housing units being developed inside the
ring road because it will negatively impact the campus
layout. Ms. Norton explained that the construction of
an apartment building near the Cafeteria will cause
more concern as it is recognized as a space for an
event center. She added that having an event center
would cause issues for by-law and would not be
desirable for residents nearby. Ms. Norton explained
that preserving the site will show the unique history of
Clarington. She added that, during the tours, visitors
are excited about the preservation of the layout and
repurposing the buildings in ways that it will
complement the site and community use of it. Ms.
Norton requests that Committee keep, and honor, the
historic value of the site with no intrusions allowed
inside the Ring Road noting that an apartment near
the cafeteria would be equally regretful. She noted
that a significant part of the recognition as a National
Heritage Site, as well as the Provincial Heritage
Designation, is in the land and layout, the vistas, and
greenspace, and requested that it be preserved.
November 16,
Jury Lands
Marilyn Morawetz, Jury Lands Foundation, was
Comments
2020 Delegation
Foundation
present via electronic means regarding Report PSD-
carried forward
SPAF-40
051-20 Update to Jury Lands (Camp 30) and Draft
as a part of
221Pan
Page 301
Submission
Date, Number
Name, group (if
applicable)
Summary of Comments
Response
Amendment No. 121 to the Clarington Official Plan.
review process
Ms. Morawetz stated that the Jury Lands Foundation
endorses the recommendations in Report PSD-051-20
which will allow work to begin on the site and will
attract residents and continue to provide growth. She
stated that the goal is to successfully repurpose the
buildings and noted that the green space is equally
important. Ms. Morawetz added that preserving the
greenspaces and buildings will become an oasis to
residents. She recognizes the potential in the site,
views it as a step in the right direction and hopes
Committee will approve the DTAH study, and endorse
the areas for development as recommended. Ms.
Morawetz explained that additional buildings will
eliminate the green space and will negatively impact
the site. She expressed her concerns regarding the
green space at 2C regarding the ring road. Ms.
Morawetz noted that comments have been shared
with the developer and that they have not received
any response back. She stated her concerns
regarding development in the ring road, the impact to
the greenspace, and answered questions from
members of Committee.
November 16,
Submitted on
Devon Daniell, Kaitlin Corporation, was present via
Council made a
2020
behalf of LRSP
electronic means Regarding Report PSD-051-20
decision on not
Delegation
Update to Jury Lands (Camp 30) and Draft
allowing private
SPAF-41
Amendment No. 121 to the Clarington Official Plan.
development
Mr. Daniell thanked everyone involved for their
within the ring
passion of the site. He explained the background of
road.
23
Page 302
Submission
Date, Number
Name, group (if
applicable)
Summary of Comments
Response
the Report PSD-051-20 and noted that developing a
park in the ring road will create significant issues. Mr.
Daniell displayed the current concept plan, explained
the location of the facilities on the property, and noted
that he thinks their proposal fits with the site and with
heritage. He addressed comments made regarding
the development cutting off the ring road and noted
that they are working on other wording for the OPA
Amendment 121. Mr. Daniell suggested that, rather
than approving the recommendations in Report PSD-
051-20, Committee should direct staff to work with
land owners to bring forward the modifications to OPA
121, to allow the above concept to proceed and for
Staff to work with land owners to bring forward draft
zoning by-law amendments to Council.
November 16,
Submitted on
Marcus Letourneau, Letourneau Heritage Consulting
Comments
2020 Delegation
behalf of LRSP
Inc., was present via electronic means regarding
carried forward
and
Report PSD-051-20 Update to Jury Lands (Camp 30)
as a part of
presentation
and Draft Amendment No. 121 to the Clarington
review process
SPAF-42
Official Plan. Mr. Letourneau explained that he is
working with their client to look at options for the
property to keep the heritage conservation principles.
He added that it is important to understand that the
property has evolved significantly over time and
provided aerial photos of the property. Mr. Letourneau
noted that assisted living is important in the discussion
and to recognize that heritage conservation is about
the uses related to the property. He added that this
site has lots of institutional uses and the proposed
2411
Page 303
Submission
Name, group (if
Summary of Comments
Response
Date, Number
applicable)
structure does not continue the history of institutional
views. Mr. Letourneau stated that heritage
conservation is not about change but about managing
change in a way that it is significant to the property
and added that COVID-19 has changed how they are
approaching heritage conservation. He stated that the
introduction of buildings in a cultural heritage
landscape is not new and has been done widely
across the world. Mr. Letourneau provided successful
examples of infill in cultural heritage landscape in
Traverse City State Hospital, Pentridge Prison, and
South Carolina State Hospital and answered
questions from members of Committee.
Nov 20, 2020
Submitted on
Good progress has been made, before decisions are
Comments
Letter from
behalf of LRSP
made need to consider remainder of issues. Request
carried forward
Devon
to continue negotiations. Council made a decision on
as a part of
SPAF-43
private residential development within the ring road
review process
and acceptance of DTAH study. Concern that legal
agreement is being questioned.
August 26, 2021
Submitted on
• Concept Plans for Areas 1-4 submitted in response to
Comments
SPAF-44A+B+C
behalf of LRSP
draft for discussion only Block Master Plan and
carried forward
indication of what policies are not acceptable.
as a part of
review process
August 23, 2021
Submitted on
• Concept Plan for Area 4 altered to align with LRSP
Comments
SPAF-45A+B
behalf of
and comments.
carried forward
Farsight
as a part of
review process
25
Page 304
Clarftwn
MEMO
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: Stephen Brake, Director of Public Works
Date: September 13, 2021
File No.: RR.60.42
Re: Cobbledick Road - Newcastle
Railway Safety Improvement Program Application
During the March 29, 2021 General Government Committee meeting, Council passed
resolution #GG-253-21 directing Staff to again pursue funding contributions for the grade
level crossing improvements at the CN Rail crossing of Cobbledick Road under the Rail
Safety Improvement Program — Infrastructure, Technology and Research (RSIP-ITR) -
Transport Canada for the 2022-2023 funding cycle. Staff had previously applied for RSIP
funding for the proposed crossing improvements in 2020, and in March 2021, however the
application was not successful and the Municipality did not receive any funding for the
proposed improvements.
Public Works Staff re -submitted an application to the Program in July 2021. The application
is seeking contribution funding in the amount of 80% of works that would remain Municipal
assets and 50% of works that remain railway assets. As per the preliminary design cost
estimate that was completed in support of the application, contribution funding of
approximately $697,000 was requested as eligible expenses under the RSIP-ITR program.
Staff had requested funding over a 2-year period due to the substantial amount of
coordination that will be required with CN Rail and the overall amount of work required. This
was to provide a sufficient buffer in the project's lifecycle to mitigate risk of not meeting
constrained RSIP timelines and of lapsed funding.
The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1 C 3A6
1-800-563-1195 1 Local:905-623-3379 1 info@clarington.net I www.clarington.net
Page 305
Page 2
Notification from Transport Canada regarding application review status and successful
funding recipients are expected to be received in Spring 2022.
Should you have any questions or need any further information, please do not hesitate to
contact me.
Regards,
Stephen Brake
Director
Public Works
RB
cc: Kevin Heathcote, Capital Works Supervisor, Public Works
Robert Brezina, Capital Works Engineer, Public Works
The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1 C 3A6
1-800-563-1195 1 Local:905-623-3379 1 info@clarington.net I www.clarington.net
Page 306
Clarftwn
MEMO
If this information is required in an alternate format, please contact the
Accessibility Coordinator at 905-623-3379 ext. 2131.
To: Mayor Foster and Members of Council
From: Erica Mittag, Staff Liaison to the Diversity Advisory Committee
Date: Wednesday, September 8, 2021
Re: National Day for Truth and Reconciliation
In June 2021, the Federal Government established, in collaboration with Indigenous
Peoples, as a statutory holiday, a National Day for Truth and Reconciliation to ensure that
public commemoration of the history and legacy of residential schools remain a vital
component of the reconciliation process.
@ All Canadians and orders of government have a role to play in reconciliation. The
Association of Municipalities of Ontario (AMO) Board of Directors encourages member
municipalities to recognize September 30 as National Day for Truth and Reconciliation (also
known as Orange Shirt Day) by adopting a resolution to that effect.
■
■
Subsequently, the Diversity Advisory Committee considered a draft resolution proposed by
AMO at a meeting called by the Chair and held September 2, 2021.
As a result of their discussion, the Committee passed the following resolution:
THAT Clarington's Diversity Advisory Committee supports the proposed motion as shared
by the Association of Municipalities of Ontario and recommends that the Council of the
Municipality of Clarington recognizes September 30, 2021 as the National Day for Truth and
Reconciliation (National Orange Shirt Day) by sharing the stories of residential school
survivors, their families, and communities.
This motion is on the agenda for the General Government Committee Meeting of September
13, 2021 for Council's consideration.
Name: Erica Mittag
Job Title: Community Development Coordinator, Diversity and Inclusion
Community Services Department
Page 1 1
cc: Diversity Advisory Committee
The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1 C 3A6
1-800-563-1195 1 Local:905-623-3379 1 info@clarington.net I www.clarington.net
Page 307
PG.25.06 GG
MUNICIPALITY OF CLARINGTON
General Government Committee Meeting
RESOLUTION #
DATE: Monday, September 13, 2021
MOVED BY Councillor Ron Hooper
SECONDED BY
WHEREAS the Truth and Reconciliation Commission (TRC) released its final report on
June
2, 2015, which included 94 Calls to Action to redress the legacy of residential schools
and advance the process of Canadian reconciliation;
AND WHEREAS the recent discoveries of remains and unmarked graves across
Canada have led to increased calls for all levels of government to address the
recommendations in the TRC's Calls to Action;
AND WHEREAS all Canadians and all orders of government have a role to play in
reconciliation;
AND WHEREAS Recommendation #80 of the Truth and Reconciliation Commission
called upon the federal government, in collaboration with Aboriginal peoples, to
establish, as a statutory holiday, a National Day for Truth and Reconciliation to ensure
that public commemoration of the history and legacy of residential schools remains a
vital component of the reconciliation process;
AND WHEREAS the Federal Government has announced September 30th, 2021, as
the first National Day for Truth and Reconciliation (National Orange Shirt Day) and a
statutory holiday;
THEREFORE, BE IT RESOLVED THAT the Council of the Municipality of Clarington
does hereby commit to recognizing September 30th, 2021, as the National Day for
Truth and Reconciliation (National Orange Shirt Day) by sharing the stories of
residential school survivors, their families, and communities.
Page 308
MUNICIPALITY OF CLARINGTON
Joint Committee Meeting
RESOLUTION #
DATE: September 13, 2021
MOVED BY Councillor Zwart
SECONDED BY Councillor Anderson
WHEREAS since early 2020 our ability to gather, connect and celebrate in person has
been impacted by COVID-19 and this social isolation can have negative effects on our
sense of belonging and mental health.
AND WHEREAS our local Community Halls, which are operated by volunteer boards,
allocate funds raised through special events to support their operating expenses and
some larger projects.
AND WHEREAS, when it is safe to do so, a coordinated community wide event
involving satellite offerings in our various communities, involving local Hall Boards,
Business Improvement Areas and community groups, will provide an opportunity for
neighbours - both urban and rural, friends and business owners to celebrate their
support for one another throughout the pandemic;
THERFORE, BE IT RESOLVED that the Council of the Municipality of Clarington
allocate funds to support these events throughout Clarington and that staff be directed
to support the planning of such events, tentatively scheduled at some point prior to May
31, 2022 with appropriate community partners, and further, approve $36,000 from the
Tax Rate Stabilization Reserve Fund (with funds Received from the Province of Ontario
through the COVID-19 Recovery Grant) to support some Community Celebration events
throughout Clarington.
Page 309
MUNICIPALITY OF CLARINGTON
Joint Committee Meeting
RESOLUTION #
DATE: Monday, September 13, 2021
MOVED BY Councillor Zwart
SECONDED BY Councillor Anderson
WHEREAS the Provincial Government has provided funding throughout the COVID-19
Pandemic to promote economic recovery;
AND WHEREAS since March 2020 the ability for communities to gather and celebrate
in person has been impacted by COVID-19 and social isolation can have negative
effects on our sense of belonging and mental health;
AND WHEREAS all Clarington residents would benefit from community celebrations
aimed at strengthening communities and building sustainable community hall and arena
boards;
THEREFORE, BE IT RESOLVED THAT the Council of the Municipality of Clarington
does hereby request and advocate that the Province of Ontario develop funding
opportunities for Municipalities and local groups to develop and implement local
community celebrations to reconnect with their community.
Page 310
PG.25.06 GG
MUNICIPALITY OF CLARINGTON
Joint Committee Meeting
RESOLUTION #
DATE: September 13, 2021
MOVED BY Councillor Zwart
SECONDED BY Councillor Hooper
Whereas the Ministry of Transportation, in cooperation with the Royal Canadian Legion,
offers the opportunity for an Ontario Veteran Plate (i.e. "poppy plates") to be issued to
any person who has honourably served in:
• Served in the Canadian Armed Forces, including Reserve Forces, the forces of
the Commonwealth, or its wartime allies;
• Served in the Merchant Navy or Ferry Command during wartime;
• Currently serving members of the Canadian Forces including Reserve Forces;
• Served in NATO operations or as a member of United Nations peacekeeping
force as a member of a Canadian police service;
• Currently serving or retired members of the Royal Canadian Mounted Police;
• Served in the Vietnam War in the forces of the United States or its allies during
this war and who was a Canadian citizen at the time of such service.
And whereas the Council of the Municipality of Clarington deems it appropriate to
acknowledge the services of our veterans;
Now therefore be it resolved that Staff be directed to prepare an amendment to the
Traffic By-law 2014-059 to exempt vehicles bearing a Province of Ontario Veteran's
plate, from the payment of parking fees, substantially as follows:
The provisions of this by-law, regulating the payment of fees for parking
meters on municipal roadways, shall not apply to persons in respect to
parked vehicles bearing a valid authorized Province of Ontario Veteran
Licence Plate.
Page 311
MUNICIPALITY OF CLARINGTON
JOINT COMMITTEE
RESOLUTION #
DATE September 13, 2021
MOVED BY Councillor Joe Neal
SECONDED BY Councillor Janice Jones
11aIAV*001AyI21 bin @ V
Clarington provide all necessary information to the MECP in order that
they can give due consideration to ordering an Environmental Assessment
for the anaerobic digester.
Page 312
Clarington
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: Joint Committees
Date of Meeting: September 13, 2021 Report Number: FSD-039-21
Submitted By: Trevor Pinn, Director of Financial Services/Treasurer
Reviewed By: Andrew C. Allison, CAO Resolution#:
File Number: By-law Number:
Report Subject: Heritage Tax Incentive
Recommendations:
1. That Report FSD-039-21 be received;
Either:
Recommendation A - Maintain Existing Heritage Incentive Grant
2. That Staff include in the 2022 budget deliberations an enhanced Heritage Incentive
Grant program for consideration including increased project limits and overall grant
allocations; and
3. That all interested parties listed in Report FSD-039-21 and any delegations be
advised of Council's decision.
Or
Recommendation B - Create Complementary Heritage Property Tax Rebate
2. That Staff be directed to create a Heritage Property Tax Rebate Program, in addition
to the existing Heritage Incentive Grant, for an amount of 10 per cent of the
Municipal portion of the property taxes for qualifying occupied residential properties
designated under the Ontario Heritage Act beginning with the 2022 taxation year;
3. That Staff bring back to Council the required by-law(s) to implement the Tax Rebate
Program;
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4. That Staff inform the local school boards and the Region of Durham of the intent to
create the Tax Rebate Program; and
5. That all interested parties listed in Report FSD-039-21 and any delegations be
advised of Council's decision.
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Report Overview
Page 3
This report provides Members of Council with information regarding financial support tools
available under the Municipal Act and Ontario Heritage Act to assist property owners of
designated heritage properties. The Municipality of Clarington currently provides financial
support to qualifying designated properties through the Heritage Incentive Grant Program
which provides grants for eligible physical improvements to properties.
This report looks at four options for providing, or not providing, financial support and
provides both the financial and planning considerations for each.
Two alternatives are recommended to Council. The first is to look at enhancing the existing
grant program for physical improvements. The second option is adding a tax rebate program
for eligible, occupied, residential properties. Any changes would be effective for the 2022
taxation year.
1. Background
1.1 At the Planning and Development Committee meeting of June 28, 2021, Committee
amended resolution #PD-208-21 regarding a request to repeal heritage designation by-
law 97-17 by adding "That Staff report back on a `Heritage Property Tax Relief Program'
as allowed for by the Ontario Heritage Act."
1.2 At the Council meeting of July 5, 2021, the above -mentioned item from Planning and
Development Committee was referred to the Joint Committee Meeting on September
13, 2021.
1.3 Given the complexity of establishing a tax rebate program and the requirement to have
it in place before the start of the tax year to allow residents to apply, Staff have brought
this report to Joint Committee today. The intent of the referral regarding the "Heritage
Property Tax Relief Program" should Council wish to proceed would need to be included
in the 2022 budget.
Legislative Authority
1.4 The Municipal Act, 2001 (the Act) provides limited abilities for municipalities to reduce,
refund or cancel property taxes. Section 365.2 allows a local municipality (i.e. a lower or
single tier municipality) to establish a program to provide tax reductions or refunds in
respect of eligible heritage properties.
1.5 The purpose of the heritage property tax relief tool is to enable municipalities to assist
owners of designated heritage properties to maintain and restore their properties to the
benefit of the overall community.
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1.6 Eligible properties include properties, or a portion of a property, that is
a. Designated under Part IV of the Ontario Heritage Act or is part of a heritage
conservation district under Part V of the Ontario Heritage Act
b. Is subject to
i. An easement agreement with the local municipality in which it is located,
under section 37 of the Ontario Heritage Act,
ii. An easement agreement with the Ontario Heritage Trust, under section 22
of the Ontario Heritage Act, or
iii. An agreement with the local municipality in which it is located respecting
the preservation and maintenance of the property, and
c. That complies with any additional criteria set out in the by-law passed under this
section by the local municipality in which it is located
1.7 The amount of the tax refund or reduction provided by the local municipality must be
between 10 and 40 per cent of the taxes for municipal and school board purposes for
the portion attributable to the portion that is an eligible heritage property.
1.8 If Council wishes to establish a heritage property tax rebate program it is required to
pass a by-law that includes:
a. The percentage of the rebate
b. If there are different percentages for different property classes or different types
of properties within a property class
c. If there is a maximum or minimum amount of taxes for a year to be reduced or
refunded under the by-law
d. If there are additional criteria that must be satisfied in order for a property to
qualify as an eligible heritage property and may specify different criteria for
different property classes
e. Any specific procedures for applying for a tax reduction or refund for one or more
years.
1.9 The Municipality must provide a copy of the by-law to the Minister of Finance within 30
days of passing and must notify the Region of Durham of the amount of taxes to be
reduced or refunded for lower -tier purposes under the by-law.
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1.10 The Region of Durham may pass a by-law similar to authorize a similar reduction or
refund of taxes levied for upper -tier purposes. The Region may only pass a by-law if the
lower -tier has also passed a by-law.
1.11 Unlike other rebates or tax reductions, the benefit of the rebate is to the owner of the
property. Any refund under this program pertains to the owner despite any provision of a
lease or other agreement relating to the property.
Current Financial Supports Provided by Clarington
1.12 The Municipality of Clarington currently offers the Heritage Incentive Grant Program to
assist owners with properties designated under Part IV and V of the Ontario Heritage
Act (2005) with the financing of costs of repair or restoration projects to maintain and
restore a designated heritage property, for the features listed in the designation.
1.13 The program provides a grant up to 50 per cent of the project costs for eligible work per
building to a maximum of $2,000 for exterior work or $1,000 for interior work for a
maximum of $3,000 per property owner, in any given year.
1.14 The program has been in place since 2013. It received an annual budget of $6,500, for
the years 2018 to 2020, annually the program utilizes approximately 50 per cent of its
funding.
1.15 The Municipality currently does not provide a property tax rebate for heritage properties.
Current Supports Provided by Region of Durham Municipalities
1.16 The Region of Durham does not have any existing heritage property programs in place.
1.17 The following is a summary of heritage property programs in the other local
municipalities in the Region of Durham:
Ajax 10%
Pickering
20%
(proposed)
No fees for application
Property owner is responsible for all costs to
register the easement
No application fee
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Whitby 40% $160 application fee, includes cost of
easement
Page 6
Oshawa 40% $75 one-time registration fee (includes cost
for easement)
Clarington • Offers a Heritage Incentive Grant to assist
owners with the cost of repairs and
restoration projects
0% . Up to 50% of eligible costs
• $2,000 maximum for exterior repairs
• $1,000 maximum for interior repairs
Scugog 0% • No programs
Uxbridge 0% • No programs
Brock 0% • No programs
1.18 As noted above, only Ajax, Whitby and Oshawa have existing programs. Pickering is
considering a program and the Municipality of Clarington has a grant program.
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2. Establishment of Financial Supports
2.1 In reviewing the options to provide financial assistance for heritage property owners,
Staff explored four options for consideration (not in order of preference).
Option 1 — Status Quo
2.2 This option would maintain the current Heritage Incentive Grant Program which provides
subsidization to qualifying property owners for repair and restoration project costs
incurred on heritage properties specifically related to designated features.
2.3 This option provides financial support to property owners in recognition of the added
costs associated with maintaining designated properties to the standard, condition and
character of a heritage property. This program provides incentive to keep properties in a
proper state of repair, while only providing partial funding for actual expenditures.
2.4 If this option is chosen, it may be reasonable to expand the grant program budget and
increase the grant levels to recognize increasing costs and provide further incentive
while only reimbursing for actual costs.
2.5 This program would not provide support for day-to-day expenses such as insurance,
routine maintenance or other "operating" costs that may be higher than the average
home as a result of the heritage designation.
2.6 This program does not and would likely continue to not receive matching funding from
the Region of Durham as it is unique to Clarington.
Option 2 — Eliminate Heritage Incentive Grant and Establish Heritage Property Tax
Rebate Program
2.7 This option would replace the existing financial support with a new Heritage Property
Tax Rebate Program, similar to those in place in Ajax, Whitby, Oshawa and Pickering.
2.8 The program would provide support for both capital and day-to-day expenses, through
one mechanism which is not based on actual outlays of funds by the owner. There is no
guarantee that rebates will be reinvested into the properties to maintain them; however,
this could be controlled through additional criteria in the by-law requiring certain regular
maintenance and repairs to be carried out which would require staff resources to inspect
and confirm compliance with the requirements of the program.
2.9 This option follows the argument that there are additional non -capital costs of ownership
of a heritage property that owners are subject to. These could include higher insurance
costs, or higher operating costs for routine maintenance as a result of the heritage
nature of the property.
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2.10 The downside with this option is that the Municipality loses control on how the funds are
spent, there is no correlation between the rebate and the added incremental costs
associated with the property. The Planning and Development Services Department has
highlighted a concern that properties could be in a state of disrepair and receive the
property tax rebate, depending on how the rebate is structured. If this approach was
chosen, it is recommended that criteria be included to set minimum standards of repair
that are required to be met in order to qualify for the subsidy, Planning and
Development Services would be responsible for the determination of eligibility under
these criteria.
2.11 There are two key -ways that the program could be administered. The first would be
solely based on the designation, every property qualifies if they are designated. The
second would be an application based program, this is the more common approach.
The application -based program could be a one-time application or annual application.
The one-time application is less administrative work; however, mechanisms would need
to be included in the program to ensure that properties maintain their eligibility year over
year.
2.12 In either case, the Municipality has the right to develop additional criteria such as:
a. Minimum maintenance and repair standards which ensure that the properties are
kept in good repair;
b. Minimum or maximum assessment values. This would target the program to specific
types of properties, it could scope out small ancillary buildings and larger homes;
c. A requirement that the property tax accounts be in good standing;
d. Specific property tax classes that would be eligible, this could ensure that
commercial or industrial buildings are not included in the program;
e. A requirement that residential properties must be occupied; and
f. Any other criteria that Council deems appropriate.
2.13 It is suggested that the above -mentioned additional criteria be included in any property
tax program to ensure that properties are kept in good repair, property owners remain in
good standing with their tax accounts and that the programs are scoped to properties
where Council wants to provide assistance.
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Option 3 - Establish a Heritage Property Tax Rebate Program to Complement Grant
Program
2.14 This option would provide multiple tools for the Municipality to support owners of
heritage properties with overarching goal to preserve and maintain Clarington's heritage
assets. The grant program provides the ability to support actual project costs of physical
improvements to the interior and exterior of properties, to maintain the property in
keeping with the designation. Complementing this program with a tax rebate program
recognizing the potential added day to day costs, such as insurance and routine
maintenance, that typically are higher for heritage properties.
2.15 If this option was chosen, Staff would recommend that property tax rebate percentage
be on the lower end of the allowed range to recognize the fact that there are additional
supports available. The heritage tax rebate program could be designed so that property
owners would not be eligible for both the tax rebate program and the heritage incentive
grant program in any given year. For example, a property owner could participate in the
heritage tax rebate program on an annual basis to keep up with routine maintenance.
However, should they wish to undertake a larger project in a certain year, they would
apply for the grant program and forgo the heritage tax rebate for that year. This creates
complexity as the timing of the incentive grant and the rebate do not necessarily match
up, which could create issues where the property gets both in one year and neither in
the following year. These details could be worked out in the creation of the by-law if this
option is explored.
2.16 The heritage tax rebate program would be an additional tool to support Clarington's
cultural heritage goals to promote the conservation of cultural heritage resources
through the designation of property under the Ontario Heritage Act. The program would
provide incentive for and acknowledgement of designated property owners' role as
stewards of Clarington's heritage resources to the benefit of the greater community, and
the achievement of its goals.
2.17 The rebate portion of the program would need to have the same considerations as
identified in paragraphs 2.11 and 2.12 above.
2.18 The Municipality of Clarington would be the only municipality in the Region of Durham to
provide both a tax rebate program and a grant program for heritage properties. As this
program would be significantly different than the other three programs in place, it is
unlikely that the Region of Durham would match this program.
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Option 4 — Eliminate All Financial Support
Page 10
2.19 An option available to Council would be to not provide financial support to heritage
properties. This would eliminate the existing Heritage Incentive Program which provides
up to $6,500 annually to property owners whom apply to share in the cost of capital
upkeep for designated properties.
2.20 This is not a recommended course of action by Financial Services nor Planning and
Development Services. For a relatively minor investment, the Municipality is able to
assist targeted properties maintain their heritage resource for the benefit of the
community.
2.21 The Region of Durham is only able to match programs if there is a program established
by the local municipality. If Clarington removes all financial supports, the Region of
Durham would not be able to establish a program for Regional taxes.
Preferred Recommendation
2.22 There are competing philosophies and perspectives between departments within the
Municipality as it relates to the provision of financial supports for heritage properties.
2.23 Provincial and Regional policy, and the Clarington Official Plan direct and support the
conservation of cultural heritage resources. Planning and Development Services
supports such heritage conservation goals to foster civic pride and a sense of place
through well -designed built form, and the preservation of features that define heritage
character and the recognize the Municipality's history to the economic, cultural, and
social benefit of the community.
2.24 Financial Services wishes to ensure equitable treatment amongst taxpayers, limit
subsidization of taxes to areas where the whole community benefits (such as
community programming where part of the costs are funded by user fees and the rest
by taxation), limit taxpayers funding private individuals, and maintain control of how
disbursed funds are utilized.
2.25 These different views need to be considered to ensure that any financial support
program is feasible, benefits the community at large, and meets the objectives of
Council.
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2.26 The existing heritage incentive grant program provides financial support to property
owners based on the requirements to maintain their property associated with the
heritage designation implemented by the Municipality. The existing grant program is
designed to provide targeted support that can be controlled by the Municipality and is
based on actual expenses rather than a general rebate that may have no quantifiable
correlation to the heritage designation. The existing program also provides a community
benefit as it supports the heritage property owners maintain their properties, which
allows the community to enjoy the beauty and history these properties represent.
2.27 Financial Services Staff caution the appropriateness of rebating property taxes because
of the added day-to-day costs of owning a heritage building. This creates a precedent
where added costs for operating private property are taxpayer funded. It is felt that
grants for tangible, community -benefiting work are more appropriate and consistent with
how funds have been spent elsewhere in Clarington (for example, community gardens,
parks, playgrounds, public art). The incentive grant is an objectives -based funding
mechanism that ensures the use of public funds meet the desired objective.
2.28 For the reasons identified above, Option 1 (paragraph 2.2) is recommended by
Financial Services. If Council agrees, the resolution identified in the report
recommendation as Recommendation A would be appropriate to pass. The existing
heritage grant provides the best correlation of financial support and the objectives that
the Municipality are trying to meet. The program allows heritage property owners to
maintain their property while ensuring that the funds are dedicated specifically to
conservation of Clarington's cultural heritage resources.
3. Financial Implications
Municipality of Clarington and School Boards
3.1 As with other rebate or refund programs, the funds for the program come from the tax
base. As this is a tax program that could benefit all property classes, it would come from
the entire tax base.
3.2 The Municipality would share the cost of the program with the school boards as it
relates to the education portion. The Province of Ontario, through the school boards,
would fund the portion related to education taxes. It should be noted funding for schools
is not negatively affected by a heritage tax relief program, as overall funding for public
education is protected through Provincial grants from fluctuations in property tax
revenues.
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ON
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The following table shows the estimated total annual rebate for eligible properties,
assuming all taxable properties applied, based on the 2021 tax roll and rates:
3.4 In the above table there are 74 properties, the municipal rebate averages $246 (10%) to
$983 (40%). The average municipal tax bill was $2,457 ($180 rebate on an average bill
of $1,800 if the three largest heritage properties were excluded). The benefit to
individual properties is not significant. In fact, the existing grant program provides
potentially more support to property owners than a tax rebate program.
3.5 The Municipality's current incentive program is tax -funded to the amount of $6,500 per
year and should be added to the above totals if the program were to be continued. The
municipal cost of doing both incentive programs (as it stands) and a tax rebate program
could therefore be in the range of approximately $24,700 to $79,200.
3.6 The Municipality cannot have a rebate program that is less than 10 per cent; therefore
any program that includes a tax rebate would be a minimum of approximately $18,200
budgeted item on the levy.
3.7 Alternatively, and preferably, the program can be structured to only be available to
occupied residential properties. This would remove commercial properties (which have
financial support through other programs), unoccupied residential properties (such as
Camp 30 and Belmont - Sam Wilmot House) and vacant properties with historical
plants. If this occurs the costs dramatically decrease, as follows:
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Municipal Rebate $ 11,798 $ 23,595
Education Rebate 1 4,501 1 9,001
Total Rebate 1 $16,299 1 $ 32,596
Page 13
$ 35,393 $ 42,190
13,502 18,003
$ 48,895 $ 65,193
3.8 By restricting the tax rebates to residential properties, the target audience is better
addressed without supporting certain businesses that could be seen to be getting an
advantage based solely on a historical designation.
3.9 Under the restricted eligibility program, the tax -supported costs for the tax rebate
program would range from $11,800 to $42,190.
Region of Durham
3.10 The Region of Durham has indicated that they will not match a heritage property tax
rebate program unless all local municipalities have a program in place. Unless all lower -
tier municipalities developed programs there would be a shift of the tax burden, where
non -participating municipalities would be funding the heritage rebate for participating
municipalities. This is a consistent approach that the Region takes with their tax
policies.
4. Concurrence
This report has been reviewed by the Director of Planning and Development Services
who generally concurs with the recommendations. However, the Planning and
Development Services Department prefers the option of adding the property tax rebate
to the existing incentive grant program (paragraph 2.14); if Council desires to add the
property tax rebate Recommendation B in the report recommendations would be
appropriate to pass. Either of the proposed recommendations (Recommendation A —
Option 1 or Recommendation B — Option 3) meet the goals of providing support to
maintaining heritage properties for future generations. The Planning and Development
Services Department would like to see, at a minimum, the continuation of the grant
program with additional funding and a review of the maximum allocations.
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5. Conclusion
While two alternatives have been provided to Council, from a Financial Services
perspective it is respectfully recommended that Staff include an enhanced heritage
incentive grant program in the 2022 budget. The creation of a heritage tax rebate
program is acceptable; however, there are concerns with the correlation of the tax
rebate and the heritage preservation objectives that Council has established.
Staff Contact: Trevor Pinn, Director of Financial Services/Treasurer, 905-623-3379 ext. 2602,
tpinn@clarington.net
Attachments:
Not Applicable
Interested Parties:
The following interested parties will be notified of Council's decision:
• Clarington Heritage Committee
• Region of Durham
• Minister of Finance
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If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: Joint Committees
Date of Meeting: September 13, 2021 Report Number: FSD-040-21
Submitted By: Trevor Pinn, Director of Financial Services/Treasurer
Reviewed By: Andrew C. Allison, CAO Resolution#:
File Number: [If applicable, enter File Number] By-law Number:
Report Subject: 2022 Budget Guidelines
Recommendations:
1. That Report FSD-040-21 and any related communication items, be received;
2. That Staff prepare a draft budget with a target municipal increase of 3.95 per cent;
3. That Staff include within the draft budget requests for funding from external agencies
up to a maximum of 3.30 per cent;
4. That the 2022 budget schedule, as outlined within Report FSD-040-21, be approved;
5. That all interested parties listed in Report FSD-040-21 and any delegations be
advised of Council's decision.
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Report Overview
Page 2
Council adopted a budget policy that guides the preparation of the annual operating and
capital budgets process. The budget policy requires an annual report to Council to
determine the target municipal levy change for the following year. This report meets that
policy requirement.
1. Background
Budget Policy
1.1 On June 10, 2019, Council approved a new Budget Policy which provides guidance on
the creation and preparation of the annual operating and capital budgets.
1.2 As part of the policy, the Director of Financial Services/Treasurer is required to report to
Council in September of each year with a report seeking guidance on the target
municipal levy increase for the upcoming budget year. This report meets this policy
requirement.
2. Economic and External Factors
2.1 The Municipality of Clarington's budget must take into consideration economic factors
impacting the Municipality and local region, as well as the broader economic factors
impacting all of Ontario and Canada. This section provides highlights on the economic
factors impacting the development of the 2022 budget.
Political Factors
2.2 An external factor which could impact the Municipality are pending political elections.
When a change in government occurs there are potential changes in priorities which
could impact the Municipality. Grant opportunities could become more favourable
leading up to an election or may be stalled during the election process. The
methodology of grants, being application or formula based, could also change with a
change in government.
2.3 A federal election has been called for September 20, 2021. A significant amount of
capital funding that the Municipality receives is through grants involving the Government
of Canada, the approval of these pending applications could be impacted or completely
cease depending on any changes to the mandate of the Government of Canada (or new
Government of Canada).
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2.4 The Province of Ontario is due to have an election on or before June 2, 2022. The
Province has already passed a resolution indicating that an early election will not occur,
given that the current government is a majority -government it is not anticipated that an
early election will occur. Municipalities in Ontario are subject to Provincial legislation and
receive significant grant opportunities (both operating and capital) through the Province
or through a partnership of the Province and Federal government. Similarly, to a change
in federal government, a change at the Provincial level could result in changes in
funding priorities which have a direct impact on the Municipality.
2.5 Municipal elections are set for October 24, 2022 for all municipalities in the Province of
Ontario. As municipal elections in Ontario are not party -based, the impact of a potential
change in municipal councils on the Municipality's budget are harder to predict in the
long-term.
Canadian Economy
2.6 The Bank of Canada announced in it's July 2021 Monetary Policy Report, that the target
rate of inflation of the consumer price index (CPI) remains at 2 per cent. The target is
the midpoint of the 1 to 3 per cent control range that the Bank of Canada has set.
2.7 The Bank of Canada forecasts that economic growth, weak in the first half of 2021, will
pick up strongly in the third quarter as the economy reopens. Consumption is expected
to lead the rebound with increases in spending on transportation, recreation and the
food and accommodation services. The Bank expects the economic recovery to be
more broad -based and self-sustaining over the projection period.
2.8 The impact of the pandemic has been uneven on the economy, and a full and inclusive
recovery is projected to take time. Broad immunity is assumed to be achieved in the
third quarter of 2021 with a corresponding easing of public health restrictions by the end
of the third quarter of 2021.
2.9 The Bank of Canada expects CPI to remain elevated throughout the rest of 2021 due to
the temporary factors related to the pandemic. As the pandemic factors lessen in the
second half of 2021 and into 2022, the Bank of Canada expects CPI to ease to about 2
per cent. This will then increase slightly in 2023 before returning in 2024.
2.10 The labour market is expected to continue to see a strong rebound in employment;
however, expected changes in the economy which are more structural may result in
some having longer periods of unemployment.
2.11 The Bank of Canada is expecting the Canadian economy to see a CPI increase in 2022
of 2.4 per cent (this is higher than the previous forecast of 1.9 per cent) and 2.2 per cent
(this is lower than the previous forecast of 2.3 per cent) in 2023. Real Domestic Product
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(RDP), an indicator of economic growth, is expected to be 3.8 per cent in 2022 and 3.1
per cent in 2023.
2.12 TD Economics, in their July Dollars and Sense, is predicting inflation to remain at 4 to 5
per cent through 2021 reducing to 3 per cent by the end of 2021. By the end of 2022, it
is expected that inflation will be approximately 2.5 per cent.
2.13 The overnight target rate, currently at 0.25 per cent, is not expected to increase until the
fourth quarter of 2023. This will continue to result in a low cost of borrowing, which is
advantageous to the Municipality, but also a low interest income market. The interest
rate on 10-year government bonds is expected to go from 1.39 per cent at Q2 2021 to
2.25 per cent starting in Q2 2022 and staying stable through the end of the year.
2.14 Overall, the expectation appears to be a hot recovery in the Canadian economy in the
latter part of 2021 and into 2022; however, many of the economists assumptions are
based on continued vaccination and immunity levels being reached in the third quarter
of 2021.
Ontario Economy
2.15 As part of their June 2021 Provincial Economic Forecast, TD Economics noted that the
Province of Ontario was the one of the only provinces whose 2021 growth forecast was
downgraded from the prior forecast. This was a result of the third wave in April and May,
which was considered extremely harsh resulting in severe restrictions. The second
factor, was production distortions in the auto sector owing to semi -conductor shortages
were worse than assumed. This last factor is true for many industries as the global
supply chain was disrupted by both COVID-19 and the Suez Canal blockage earlier this
year.
2.16 TD still anticipates a strong rebound in the Ontario economy. Part of this anticipated
growth is a result of the Province's "go-slow" approach to re -opening pushing activity
into the second half of the year. The anticipated entrance into Stage 3, which loosened
restrictions on retail and restaurants, was expected to grow the economy.
2.17 It is anticipated that the current spending by the Province will offer near term support,
although it is expected that this will slow starting in 2022. Public capital investment is
anticipated to increase both this year and next year. For the Municipality of Clarington,
this may mean additional grants for capital investment.
2.18 TD Economics predicts a 5.4 per cent increase, year over year, in Real GDP in 2021
and 5.0 per cent in 2022. The unemployment rate is anticipated to go from 9.6 per cent
in 2020 to 7.8 per cent in 2021 and down to 5.9 per cent in 2022.
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Page 5
2.19 Housing starts and pace of home renovations are expected to reduce from their 2020
and 2021 unusually high levels. This will have impact on future growth levels for the
Municipality. While building permit revenues and development charges have been
higher in 2020 and 2021, it is not likely sustainable at this level.
Region of Durham Economy
2.20 Locally, the Oshawa CMA (which includes Oshawa, Whitby and Clarington) is expected
to continue to see growth in real GDP of about 3.9 per cent in 2022 compared to 2021.
Unemployment in the area is expected to decrease from 9.4 per cent in 2020 to 7.2 per
cent in 2021 and 5.9 per cent in 2022. After 2022 it is anticipated to remain stable
around 5.6 percent from 2023 to 2025.
2.21 The local CPI is anticipated, according to the Conference Board of Canada, to increase
2.45 per cent in 2022 compared to 2021. In 2023, the inflation is expected to be 2.1 per
cent. The 2021 CPI is anticipated to end the year at 2.1 per cent, similar to the Bank of
Canada's forecast, over 2020.
3. Budget Calendar
Overview
3.1 The budget sets spending guidelines and priorities for the Municipality's operating year
of January 1 to December 31. It is beneficial to pass the budget early in the year to
allow staff sufficient time to complete the capital plan and adjusting operating priorities.
3.2 Historically, the Municipality has passed its budget between late January and mid
March. In September 2019, Council amended the Budget Policy to include that the
budget ratification shall be targeted for the second Council meeting of any given year.
3.3 The 2021 budget process saw the need to have additional time for both the Special
GGC deliberation day as well as the Council ratification. In setting the 2022 dates, Staff
from Financial Services and Legislative Services discussed having "spill -over" days
already established to ensure that calendars for both Members of Council and Staff
could be set. The general public also benefits from knowing when the ultimate decision
on the budget will be made. The 2022 dates were included in the revised Council
meeting schedule which was approved on July 5, 2021.
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2022 Key Dates
3.4 Based on the above, the 2021 budget calendar is as follows:
October 15, 2021 12021 budget submissions from departments
Page 6
October 29, 2021 �2023 to 2026 forecasts due from departments
November 15, 2021 to Department Head meetings with Treasurer and
November 26, 2021 CAO
January 14, 2022 Release of draft budget book
January 28, 2022 9:30am Special GGC Meeting — budget overview
presentation and external agency presentations
January 31, 2022 9:30am I Special GGC meeting — Budget deliberations
February 4, 2022 9:30am I Special GGC meeting (if necessary)
February 14, 2022 9:30am I Council meeting — budget ratification
February 18, 2022 9:30am I Special Council meeting (if necessary)
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Target Municipal Levy Increase
Range Per Budget Policy
3.5 The Budget Policy outlined a range for tax levy increases based on a combination of the
Consumer Price Index (CPI) and asset management requirements.
3.6 The low end of the range is set at 75 per cent of the CPI value plus 1.5 per cent as
indicated in the asset management plan.
3.7 The high end of the range is set at 125 per cent of the CPI value plus 2.0 per cent as
indicated in the asset management plan.
3.8 The July 2021 all items CPI was 3.50 per cent for Ontario. The following table outlines
the Municipal Tax Levy increase range:
3.9 The July CPI reflects the increase in costs from July 2020 to July 2021, which included
a recovery period from the first shut down. The recovery from the first shut down started
in late June/early July and followed the significant drop in economic activity from March
to June 2020. Therefore, whereas the 2020 July CPI was depressed because of the
COVID-19 pandemic, this twelve month period is higher as a result of the recovery.
Alternative Calculations
3.10 The COVID-19 pandemic had the result of a significant decrease economic activity from
March to July (and even longer) of 2020. This resulted in 2020 there being a year over
year change of 0 per cent, mainly a result of negative inflation in March to July 2020. As
the economy recovered, the growth was higher than it normally would be as a result of
the depressed months immediately after the start of the pandemic. This results in
inflation numbers for 2021 which are likely higher than they otherwise would be as they
included the recovery but not he negative numbers at the start of the pandemic.
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3.11 In 2020 (for 2021), Staff recommended not using the calculation approved in the policy
because the CPI was impacted significantly by the pandemic and was not reflective, in
this case too low, of the inflationary factors that would impact the Municipality going
forward. In 2021 (for 2022), Staff are again recommending not using the calculation
approved in the policy because the CPI figures are impacted by COVID-19; however
this time, it is felt that the inflationary indicators are too high for the cost likely to impact
the Municipality in the following year.
3.12 Based on the economic forecasts for 2022 and the indisputable impact that the COVID-
19 pandemic had on the first seven months of 2020, the CPI on July 31, 2021, is not a
reasonable indicator of the cost of living impact for the 2022 budget. CPI is not a true
reflection of the costs of the Municipality as it is impacted by consumer goods, food and
other items that are not typically purchased by municipalities.
3.13 The annual non-residential building construction price index for the Toronto area (which
does not include the Municipality of Clarington in its catchment) had a June 30, 2020 to
June 30, 2021 change of 7.7 per cent. The Ottawa -Gatineau figure was 10.1 per cent.
The use of a building construction index could be considered a more reasonable
indicator of inflationary pressures for the Municipality than the consumer price index.
Similarly to the CPI, the year -over -year will be impacted by the recovery of COVID-19
from the first wave.
3.14 Some municipalities utilize a Municipal Price Index (MPI) as their inflationary index. An
MPI is determined by each municipality, there isn't a Statistics Canada index, based on
their specific mix of goods and services purchased by the municipality. A drawback to
this method is that it is not publicly available and requires staff to calculate the index
manually. The City of Toronto has created a MPI calculation framework, for the years
2016 and 2017 the MPI was higher than CPI by 0.7 to 1.0 per cent.
Recommended Target
3.15 Staff recommend, again for 2022, that the impacts of the pandemic necessitate a
departure from the approved budget policy as there has been an extraordinary event
that has depressed CPI in 2020 resulting in an inflated result in 2021.
3.16 Staff are recommending that the inflationary factor for the determination of the budget
target be based on the Bank of Canada's forecast for CPI for 2022 of 2.2 per cent. Staff
continue to recommend that the asset management factor of 1.5 per cent to 2.00 per
cent be maintained to ensure that necessary capital investments can be undertaken in
future years, capital investment is also a strong economic stimulus that will help the
local economy in the post pandemic recovery.
3.17 The target be the mid -point of the range, this would indicate a target of 3.95 per cent
which would include 1.75 per cent specifically to capital related costs.
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Page 9
3.18 Based on the 2021 municipal levy of $65,368,552, the target would provide
approximately $1.4 for operating expenses (including transfers to reserves and reserve
funds, and debt servicing payments) and $1.1 million for capital expenses; this would be
in addition to new growth in assessment (NOT market growth which does not have an
effect on the tax levy).
3.19 The Budget Policy also outlines that external agencies are limited to an increase of 150
per cent of the CPI. Therefore, for the 2022 taxation year, external agencies are
capped at a maximum 5.25 per cent increase per the policy. Staff would recommend
that 3.30 per cent be used for external agencies.
4. Key Assumptions for 2022
Levels of Service
4.1 Staff are not, unless otherwise directed by Council, anticipating changes in the level of
service to taxpayers and stakeholders of the Municipality of Clarington. There are no
new services anticipated and no planned service eliminations. Certain services may be
reduced due to demand related to COVID-19 but these are user fee supported
programs.
4.2 While there are no anticipated changes in levels of service, there will be a report in the
fall of 2021 regarding the long-term vision and roadmap for financial sustainability of hall
boards, as previously directed by Council. There may be some additional costs
associated with this roadmap; however, it is not anticipated that there will be changes to
the level of services provided by these hall boards and arena boards.
COVID-19 Impact
4.3 The current assumptions leading into 2022 will be that Community Services will see a
slower first half of the year as a result of public health restrictions on facilities and
rentals which should stabilize by the second half of 2022. Staff are not anticipating ever
returning to the way in which we operated prior to COVID-19; however, it is anticipated
that new levels of normal demand and operating costs will stabilize in the latter part of
2022.
4.4 Anticipated operating pressures include maintaining lifeguards while there could be
reduced capacity for public swims, lower class sizes for aquatics and fitness programs
to ensure social distancing. We anticipate that cleaning of our facilities will continue to
be at standards not in place prior to COVID-19 and required personal protective
equipment that may not have been standard prior to the pandemic.
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Page
4.5 The Planning and Development Services Department anticipates building and
development levels to maintain at existing levels into 2022 thanks to the adoption of the
secondary plans in 2020 and 2021 and the current housing demands in the Region.
4.6 It is not anticipated that COVID-19 will have an impact on other departments into 2022.
5. Concurrence
Not Applicable.
6. Conclusion
It is respectfully recommended that guidance on the target tax levy increase and any
other changes to level of service be provided to allow Staff to prepare a draft 2022
Operating and Capital Budget which best meets the expectations of Council for
deliberation.
Staff Contact: Trevor Pinn, Director of Financial Services/Treasurer, 905-623-3379 ext. 2602,
tpinn _clarington.net
Attachments:
Not Applicable
Interested Parties:
There are no interested parties to be notified of Council's decision.
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Clarington
Staff Report
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Coordinator at 905-623-3379 ext. 2131.
Report To: Joint Committees
Date of Meeting: September 13, 2021
Submitted By: Andrew C. Allison, CAO
Reviewed By:
File Number:
Report Number: CAO-004-21
Resolution#:
By-law Number:
Report Subject: Appointment of Director of Emergency and Fire Services
Recommendations:
1. That Report CAO-003-21 and any related communication items, be received; and
2. That the By-law attached to Report CAO-003-21, as Attachment 1, appointing
Mariano Perini as the Director of Emergency and Fire Services and Fire Chief, be
approved.
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Report Overview
Page 2
On August 30, 2021, Mariano Perini began his employment with the Municipality of
Clarington as the Director of Emergency and Fire Services. This report provides the
background on the legislative and by-law requirements to complete the appointment. It also
includes the necessary appointment by-law.
1. Background
1.1 After many years with the Municipality of Clarington, Gord Weir retired from his position
as the Director of Emergency and Fire Services. Mariano Perini has been selected as
his successor and began working for Clarington August 30, 2021.
1.2 There are several legislative considerations that need to be addressed to complete the
appointment.
2. Legislation
Emergency Management and Civil Protection Act
2.1 Subsection 2.1(1) of the Emergency Management and Civil Protection Act states that
"every municipality shall develop and implement an emergency management program
and the council of the municipality shall by by-law adopt the emergency management
program." The plan must designate the Community Emergency Management
Coordinator (CEMC).
2.2 Clarington adopted its emergency plan by By-law 2004-170 and has updated it over the
years, most recently with By-law 2018-010, which states that the "designated CEMC for
the Municipality shall be the Director of Emergency and Fire Services."
2.3 Since the title is used, not the name, there are no changes required to this by-law.
Municipal Law Enforcement Officer By-law
2.4 By-law 2003-103 appointed Gord Weir as a Municipal Law Enforcement Officer for the
Municipality of Clarington, ostensibly to enforce the Open Air Burning By-law. The
current by-law indicates that the enforcement is done by "any employee, officer or agent
of the Municipality whose duties include the enforcement of this by-law". This is also
consistent with By-law 2018 100, arising out of Report CLD-023-18, which "appoints all
staff whose duties include enforcement of Municipal By-laws as Municipal Law
Enforcement Officers". Therefore, a new appointment by-law is not required, however,
in the interest of clarity, it is advisable to repeal By-law 2003-103.
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Report CAO-003-21
Fire Protection and Prevention Act
2.5 Subsection 6(1) of the Fire Protection and Prevention Act (FPPA) states:
"If a fire department is established for the whole or a part of a municipality or for
more than one municipality, the council of the municipality or the councils of the
municipalities, as the case may be, shall appoint a fire chief for the fire
department."
2.6 In the case of Chief Weir, the above requirement was satisfied by By-law 2004-259
which amended By-law 2001-125 by changing the name of the Director of Emergency
Services/Fire Chief.
2.7 By-law 2001-125 is a by-law which appointed Department Heads as part of the 2001
departmental reorganization. Given the 2020 departmental reorganization, it is out of
date and Staff are recommending it be repealed.
2.8 Therefore, to meet the above requirement of FPPA, Staff are recommending that the
attached by-law, appointing Mariano Perini as Fire Chief, be approved.
3. Concurrence
This report has been reviewed by the Director of Legislative Services/Municipal Solicitor
who concurs with the recommendations.
4. Conclusion
It is respectfully recommended that the draft by-law, appointing Mariano Perini as
Director of Emergency and Fire Services and Fire Chief, be approved. This by-law also
repeals 2003-103, 2001-125, and its unrepealed amendments (By-laws 2014-043,
2019-018, and 2018-067 are already repealed).
Staff Contact: Andy Allison, CAO, 905-623-3379 ext. 2002 or aallison@clarington.net.
Attachments:
Attachment 1 — Draft By-law appointing Mariano Perini as Director of Emergency and Fire
Services/Fire Chief
Interested Parties:
There are no interested parties to be notified of Council's decision.
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Attachment 1 to Report CAO-004-21
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Coordinator at 905-623-3379 ext. 2131.
The Corporation of the Municipality of Clarington
By-law 2021-XXX
Being a by-law to appoint a Director of Emergency and Fire Services/Fire Chief for the
Municipality of Clarington.
Whereas Section 6(1) of the Ontario Fire Protection and Prevention Act, 1997, as
amended, requires the appointment of a fire chief if a fire department is established for
the municipality; and
Whereas the Municipality of Clarington has an established fire department; and
Whereas, for the reasons outlined in Report CAO-xxx-21, it is deemed expedient and
necessary to appoint Mariano Perini as the Fire Chief;
Now therefore the Council of the Municipality of Clarington enacts as follows:
That Mariano Perini be appointed as Director of Emergency and Fire
Services/Fire Chief for the Municipality of Clarington.
2. That By-laws 2003-103, 2001-125 and its unrepealed amendments (By-laws
2001-219, 2002-084, 2004-259), are hereby repealed.
Passed in Open Council this XX day of MMMM, 2021.
Adrian Foster, Mayor
June Gallagher, Municipal Clerk
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Staff Report
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Coordinator at 905-623-3379 ext. 2131.
Report To: General Government Committee
Date of Meeting: September 13, 2021
Submited By:
File Number:
Report Subject:
Andrew C. Allison, CAO
Report Number: CAO-005-21
Resolution#:
By-law Number:
Executive Recruiting Services for Recruitment of a Chief Administrative
Officer
Recommendations:
1. That Report CAO-005-21 be received;
2. That Staff be authorized to use the process as outlined in Report CAO-005-21 and the
Purchasing Manager be authorized to issue a limited invitation Request for Proposal to
selected companies (i.e. 4 to 6 firms) with proven expertise in executive recruiting
service and to submit proposals based on the scope of work as outlined in Attachment 1
of Report CAO-005-21;
3. That a CAO Selection Committee be established to,
a) select a recruitment firm to assist with a recruitment of a CAO; and
b) work with the recruitment firm to recommend to Council a short list of
candidates to interview for the CAO's position;
4. That the CAO Selection Committee consist of the Mayor, an executive with senior
leadership experience in public sector organizations and a Member of Council;
5. That a vote be conducted to appoint a Member of Council to the CAO Selection
Committee in accordance with the Appointment Policy; and
6. That Staff report back to Council with a recommendation for an award of contract to an
executive recruiting firm.
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Report Overview
Page 2
The purpose of this Report is to recommend to Council a process to select a new Chief
Administrative Officer.
1. Background
1.1 On September 7, 2021, Andy Allison formally provided notice that he would be retiring.
His last day in the office will be January 28, 2022.
1.2 The process recommended in this report mirrors the process outlined in Report CAO-
007-16, and subsequent amendments made by Council, when Council last hired a CAO
in 2016/2017.
2. Process
2.1 The process for selecting a CAO is frequently done through a professional executive
recruiting firm, as it was in 2016/2017. Using this process, the Municipality would first
solicit proposals from qualified executive recruiting firms, then interview and select a
qualified recruiting firm. The Municipality, under the guidance of Council and the
recruiting firm, would agree on the qualifications and attributes they are seeking in a
CAO.
2.2 The recruiter is then directed to find candidates who best fit the description developed
by the Municipality. When the recruiter is confident that they have a strong
representation of qualified candidates, the recruiter performs an initial "screening"
interview of the top candidates. This list is further shortened through an interview with a
panel and an assessment process.
2.3 At the end of this stage of the process, a short list is sent to Council for their
consideration and Council interviews the selected candidates. Often, after the initial
interviews by Council, candidates may be invited back for a second, more extensive,
interview, after which an offer is made to the preferred candidate. Usually, there is a
brief negotiation before terms are agreed on and a contract is signed. The entire
process (after a recruiting firm has been selected) will typically take between eight and
ten weeks. It may take longer based on availability of candidates and Council.
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3. Selecting a Recruiting Firm
Page 3
3.1 If directed by Council, Staff will develop a Scope of Work, based on the Scope of Work
from 2016, to be included in a Request for Proposal (RFP) which will be sent to select
executive recruiting firms. The list of firms to be invited to participate will be developed
by reaching out to human resource professional in comparable municipalities who have
had positive experiences with executive recruiting firms. As a requirement of the RFP,
these companies will be required to meet several mandatory pass/fail criteria including
successful reference checks, proven financial stability and adherence to the terms and
conditions of the RFP document.
3.2 To permit a fair, and objective, evaluation of the proposals, proponents will be evaluated
based on pre -determined selection criteria and a points summary (see Attachment 2)
3.3 Only proponents who achieve a minimum technical threshold score of 85% of the total
technical points will be moved to the next stage, i.e. presentation/demonstration (if
necessary) and the opening of their cost of service envelope thereafter. It is the
intention to award a contract to the proponent who has met the passing threshold for
both the technical and presentation phases and has provided the lowest overall cost. A
CAO Selection Committee consisting of the Mayor, a Councillor to be chosen by
Council, and an executive with senior leadership experience in a public sector
organization will evaluate the Proposals. This Selection Committee for choosing the
recruitment services will also serve as the Selection Panel for the recruiter to work with
in the recruitment process.
3.4 Alternatively, Council could direct Staff to negotiate and enter into a single source
contract with Western Management Consultants (the recruiting firm that undertook the
work in 2016/2017) with an established upset limit.
4. Timing
4.1 The schedule below represents Staff's best estimate of the length of time it will take to
award a contract to an executive recruiting firm if an RFP process is undertaken. Some
actions may by-pass the General Government Committee and go directly to Council
given the timelines.
(a) September 20, 2021 Council meeting - Council approves Scope of Work
(b) September 22, 2021 - Release of RFP to executive recruiting firms
(c) October 3, 2021 - Deadline for submitting questions: 3 business days prior to
closing date
(d) October 6, 2021 - Closing Date for RFP Submissions
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Page 4
(e) October 18, 2021 Council meeting - Recruiter Evaluation / Shortlist Report and
approval from Council to award contract
(f) October 20, 2021 - Contract Award
4.2 Once an executive recruiting firm is chosen, the steps below could then be followed
between October 20 and November 23:
Step 1 - Municipality & recruiting firm determine candidate profile
Step 2 - Recruiting firm advertise for applications for candidates
Step 3 - Application submissions received by recruiting firm
Step 4 - Recruiting firm screens and identifies short list of candidates
4.3 During the week of December 7, Council could call a Special Council meeting (set aside
whole day) to interview candidates.
4.4 At the December 13, 2021 Council meeting, Council could formally appoint a new CAO
(using a by-law similar to By-law 2017-064).
4.5 A new CAO could start in January 2022.
5. Budget
5.1 In 2016, the cost of the recruiting firm was approximately $38,000. It is expected that
the cost will be in this range with consideration for inflation.
5.2 Since this an unbudgeted expense, the cost could be covered from Account No. 100-00-
000-00000-2926 (Reserve — Consulting / Professional Fees).
6. Conclusion
It is respectfully recommended that a limited RFP be issued for the services of an
executive recruitment firm to assist Council in filling the position of Chief Administrative
Officer; that a CAO Selection Committee be established; and that staff report back to
the Council with a recommendation for an award of contract to the successful executive
recruitment firm.
Staff Contact: June Gallagher, Municipal Clerk, jallag her clarington.net, 905-623-3379 ext.
2102.
Attachments:
Attachment 1 — Scope of Work for Recruitment Firm
Attachment 2 — Selection Criteria for Recruitment Services
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Report CAO-005-21
Purpose
Page 5
Attachment 1
Scope of Work for RFP
Executive and Senior Management Recruitment Firm
The purpose of this RFP is to secure the services of an executive recruitment firm for the
recruitment of a candidate to fill the position of Chief Administrative Officer for the Corporation
of the Municipality of Clarington (the Municipality).
Background
The Municipality of Clarington is located in the Region of Durham, approximately 60 kilometres
east of downtown Toronto. It is one of eight lower tier municipalities that comprise the Region
of Durham. At 612km2 and with a population of approximately 100,000 people and growing,
Clarington is a blend of rural countryside and four bustling urban areas: Courtice, Bowmanville,
Newcastle and Orono. The rural area has 15 hamlets which are surrounded by highly
productive agricultural land and natural heritage features.
The Municipality is comprised of approximately 330 full-time and 400 part-time employees. The
Municipality's organizational structure consists of 6 Departments reporting to the CAO. The
CAO reports directly to Council.
Scope of Work
a) Consulting with a panel to develop a job profile to reflect the skills and requisites of the
position, including key competencies, selection criteria, processes and timeframes.
b) Identifying a dedicated senior lead contact for providing ongoing communication with
our panel.
c) Identifying and evaluating/assessing high quality, diverse candidates using a variety of
positions -specific search strategies, including outreach to diverse communities and to
evaluate the competencies and to ensure that the selected candidate is a "good fit" with
the Municipality's vision and mission.
d) Identifying and using the appropriate types of advertising for the search to achieve a
long list of qualified candidates and review with client to develop a short list.
e) Identifying potential candidates from existing database.
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Report CAO-005-21
f) Screening, interviewing and short -listing candidates using methods appropriate to the
position in addition to providing information as to why each candidate is short-listed.
g) Facilitating and developing assessment methods, including interview questions and
advanced assessment methods to analyse factors including but not limited to political
acumen, strategic decision -making and understanding the management systems and
processes to support effectiveness in a local government setting, government relations,
emotional intelligence, analytical ability, conflict resolution, community economic
development leadership and team building experience.
h) Recommending a short list of candidates for interview with the panel and with Council
and participate in the interview process to assist in final selection.
i) Conducting background, reference and credential checks in consultation with the client.
j) Assisting with negotiating terms and conditions of employment with selected candidate
in accordance with established parameters.
k) Ensuring that services meet deadlines and are within approved budget.
1) Maintaining all files/records related to search assignment for reporting and auditing
purposes.
m) Assisting the selected candidate in transitioning in the new position.
It is expected that an award will be made following the October 18, 2021 Council meeting and
the assignment completed by November 23, 2021 to enable the selected candidate to assume
the CAO role in January 2022.
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Report CAO-005-21
Attachment 2
Selection Criteria for Recruitment Services
MAXIMUM
MAXIMUM
EVALUTION CRITERIA
PERCENTAGE
POINTS
AVAILABLE
AVAILABLE
STAGE 1: Compliance with Mandatory Submission
Requirements
PASS/FAIL
STAGE 2: PROPOSAL STRUCTURE, ATTRIBUTES AND CONTENTS
A. Experience and Qualification working with Public Sector
25%
100
Organization
• Proponent's Company history of recruiting experience with
comparable municipal, public sector, broader public sector
organizations as well as government agencies, boards and
commissions.
• Extensive experience recruiting public/private sector
executive and senior management positions which resulted
in successful hires.
• Understanding of the Municipality, its operations, culture and
how the complexity of the political environment relates to
recruitment methods utilized.
B. Proposed Staff and Team Resources
10%
40
• Dedicated senior contact person who has the necessary
qualifications to provide executive and senior management
recruitment services.
• Senior level staff with considerable experience recruiting in
the public sector.
C. Strength of the Proposed methodology/ Quality of Services
35%
140
Provided
• Demonstrates proposed methodology and approach to
managing executive and senior management recruitment
services from initial consultation with client to final job offer
acceptance, including a description of phased activities,
briefings or reports, how communications and consultation
will be handled and the roles, and estimated time
involvement, of Municipal Council and panel.
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Report CAO-005-21
MAXIMUM
MAXIMUM
EVALUTION CRITERIA
PERCENTAGE
POINTS
AVAILABLE
AVAILABLE
Proponent shows creative approach to investigating best
practices and determining what is appropriate for the
Municipality of Clarington. Through this information
proponents should demonstrate:
o Their experience, including recruitment methods
utilized, in referring qualified candidates from diverse
groups for executive and senior management level
positions by providing specific examples;
o Extensive experience using various recruitment
techniques, including effective assessment
approaches;
o An understanding of employment -related legislation
(e.g. human rights, employment equity, AODA) as it
relates to the public sector recruitment process.
D. Work Plan Deliverables/ Timelines
30%
120
• Proponent's ability to provide service that meets deadlines,
a detailed work plan with information regarding the average
length of time required to recruit executive and senior
management positions from initial consultation with client to
final job offer acceptance, including the average timeframes
for key steps/deliverables in the process.
• Indication of the Proponents average time to fill an
executive or senior management position.
• Indication of the Proponent's average senior assignment
retention rates
• Proponent's provision for replacement/ reimbursement if
new hire is not successful or resigns within 2 years
Total (A+B+C+D)
100%
400
Proponent must score a minimum of 85% (or 340 points) to
qualify for the short list and further evaluation
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Page 9
EVALUTION CRITERIA
MAXIMUM
PERCENTAGE
AVAILABLE
MAXIMUM
POINTS
AVAILABLE
STAGE 3: INTERVIEW STAGE (if required)
STAGE 4: COST OF SERVICE
Rank
Proponents must score a minimum of 85% or (340 points out of 400 available points) in
their technical submission for further consideration and the pricing envelope to be opened.
The Selected Proponent will be the Proponent who has met the passing threshold for both
technical submission and presentation/demonstration (if required) and has the lowest
overall cost.
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Municipality of Clarington
Joint Committee Meeting
Resolution #
DATE September 13. 2021
MOVED BY Councillor Hooper
SECONDED BY Councillor Anderson
That Staff be directed to write and produce a one page quarterly update of local
Municipal news containing Council decisions and major news stories from the
Municipality, tentatively named "What's up in Clarington".
That the quarterly update be distributed using Canada Post mail -drop to all residents in
Clarington; and
That the cost (estimated to cost $62,500 annually) be funded from the Tax Rate
Stabilization Fund.
Page 350
Clarftwn
MEMO
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Accessibility Coordinator at 905-623-3379 ext. 2131.
To: Mayor and Members of Council
From: Ryan Windle, Director of Planning and Development Services and Faye
Langmaid, Manager of Special Projects
Date: September 13, 2021
File No.: PLN34.5.2.13; HPA2021-001
Re: Request to Repeal Designation By-law; 4478 Highway 351115
Unfinished Business Item 11.1
Staff understands the property owners intend to register to speak on this matter at the
September 20th Council meeting. As such, staff recommend Report PSD-040-21 and this
communication be referred to the September 20 Council meeting.
At the June 28, 2021 Planning and Development Committee meeting, Committee endorsed
the recommendations contained in PDS-040-21, which were to refuse the application to
repeal the heritage designation By-law 97-17 on 4478 Highway 35/115.
At the July 5, 2021 Council meeting, Council received a Memo from the Director of Planning
and Development Services on this matter recommending that Item 7 of the Planning and
Development Committee Minutes, Report PDS-040-21 be deferred to the September 13,
2021 Joint Committee meeting. The recommendation for deferral was in response to the
property owner's request for same to allow them to time to collect additional information and
continue to correspond with staff and members of Council. Section 32(3) of the Ontario
Heritage Act allows for the extension of time if mutually agreed upon by Council and the
applicant to enable Council to make an informed decision on a repeal application.
Council also requested that (i) the matter be taken back to the Heritage Committee and (ii)
information be gathered to better understand how other municipalities may have dealt with
similar repeal requests.
The Heritage Committee convened for a summer meeting on July 20th to consider the 4478
Highway 35/115 designation repeal request and engage further with the property owners.
The owners provided a presentation outlining how the property has been maintained in good
condition and summarized the responses to date from insurance companies. It was
understood the owners were continuing to work with an insurance broker to find suitable
property insurance.
The Heritage Committee sympathized with the owner's situation and passed a motion to
issue a letter in support of Council's July 5th resolution to regulating authorities and
The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1 C 3A6
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Designation Repeal Request; 4478 Highway 35/115 Page 2
01 legislators for property insurance and cultural heritage conservation to address this matter.
The Heritage Committee considered the property owners have a legitimate complaint that
insurance companies appear to be using heritage designation as a reason not to offer
suitable property insurance. The Heritage Committee also acknowledged it does not deal
with property insurance, but the conservation of local cultural heritage.
Ultimately, the Heritage Committee considered the matter in the context of its mandate to
conserve Clarington's cultural heritage and maintained their Motion 21.28 from the June 15,
2021 meeting, recommending the heritage designation of 4478 Highway 35/115 be retained
because the reasons for the heritage designation remain. Specifically, the Heritage
Committee's 21.28 Motion recommended the following:
"That the CHC has reviewed the designation By-law 90-17 for 4478 Highway 35/115
and finds it to be still valid, and therefore recommends to Council that the property
should remain designated.
However, the CHC also requests that in the event Council decides to approve the
request to repeal the designation by-law for 4478 Highway 35/115, that the property
remain on the Municipal Register as a non -designated property."
In accordance with the Heritage Committee's direction, a letter in support of Council's
resolution was sent out in August to relevant Federal and Provincial authorities, and Durham
Region's local municipal heritage committee contacts (Attachment).
Requests to repeal heritage designations are serious and must be carefully considered. To
better understand how other municipalities have considered similar requests for repealing a
heritage designation, staff reached out to our heritage planning counterparts.
Generally, staff's review of repeal requests from other municipalities found that
recommendations from municipal staff, municipal heritage committees, and reports from the
Conservation Review Board appeals on such matters are based upon the cultural heritage
value or interest held by the property, justifying the designation of the property under the
Ontario Heritage Act. In other words, where the cultural heritage value or interest identified
in the designation by-law is valid and intact, the recommendation from staff and municipal
heritage committees has typically been to retain the designation by-law for the property.
Notwithstanding the above, there have been cases where municipal councils have
considered non -heritage reasons to balance competing interests when deciding on an
application to repeal a heritage designation by-law.
It is staff's understanding the property owners have undertaken efforts throughout the
summer to secure suitable property insurance.
In the absence of information demonstrating the subject property has insufficient cultural
heritage value or interest to warrant designation, Planning and Development Services staff
supports the recommendations as outlined in Report PDS-040-21 that the designation on
4478 Highway 35/115 be retained.
The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1 C 3A6
0 1-800-563-1195 1 Local:905-623-3379 1 info@clarington.net I www.clarington.net
Page 352
Designation Repeal Request; 4478 Highway 35/115
Page 3
Designated property owners play a valuable role as stewards of Clarington's significant
cultural heritage resources for the benefit of the community's residents and visitors. In
acknowledgement of this role, the Province provides municipalities with financial tools to
help promote cultural heritage conservation and support designated property owners.
Currently, Clarington offers a Heritage Incentive Grant program to assist designated
property owners with the cost of repair and restoration projects associated with the
designated heritage features. At the Planning and Development Committee meeting on
June 18, 2021, Committee amended resolution #PD-208-21, relating to the subject
designation repeal request, to add "That Staff report back on a `Heritage Property Tax Relief
Program' as allowed for by the Ontario Heritage Act". A report on this matter is scheduled
for the September 13t" Joint Committee meeting as a separate item.
Should you have questions Sarah Allin, Planner II, Faye Langmaid, Manager of Special
Projects or I would be happy to respond.
Ryan Windle
Director of Planning and Development Services
cc. Alfred Massardo and Liza Maw
Attachment: Letter sent to regulating agencies and legislators, August 16, 2021
The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1 C 3A6
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Page 353
Clarington
August 16, 2021
The Honourable Doug Ford, M. P. P.
Premier of Ontario
Via Email: premier@ontario.ca
Dear Mr. Premier:
Re: Property Insurance Challenges for Designated Heritage Properties
Recently, the Clarington Heritage Committee has been consulted on a request for the
repeal of a heritage designation by-law. The basis of the repeal request is the property
owner's difficulty obtaining property insurance for their designated heritage home.
The designation of a property is undertaken to conserve a property for the long-term
and is based upon the cultural heritage value or interest in accordance with the Ontario
Heritage Act and the criteria established by Ontario Regulation 9/06. Therefore, the
Committee has considered the request to repeal the designation on this basis.
However, the Committee is troubled by the ongoing property insurance challenges the
property owner is experiencing.
At a meeting on July 20, 2021 the Clarington Heritage Committee passed Motion 21.34
to support Clarington Council's July 5, 2021 Resolution #PD-211-21 (enclosed), and to
issue a letter outlining its concerns regarding the difficulties owners may face when
insuring a designated heritage property and calling for action by senior levels of
government.
The Province of Ontario identifies the conservation of features of significant and
historical value as a matter of Provincial interest. The Province directs municipalities to
conserve significant cultural heritage resources through the establishment of a
Municipal Register and the designation of properties by By-law.
While the Insurance Bureau of Canada appears to recognize the value of preserving
cultural heritage resources as part of Canada's history, there also appears to be
misinformation and alignment issues between the requirements of the Ontario Heritage
Act, and the regulations governing insurance providers and the policies and practices
thereof. This is the case particularly relating to the replacement of designated homes
and attributes with materials and craftsmanship of like kind and quality.
There is no requirement under the Ontario Heritage Act that would require the owner to
rebuild or replicate the original heritage building or attribute in like kind and quality in the
event of unpremeditated loss. However, we have come to understand that property
insurance companies often cite this as a requirement, and a reason for either not
The Corporation of the Municipality of Clalringt@r85W Temperance Street, Bowmanville, ON L1 C 3A6
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Page 2
offering coverage of designated homes as a matter of practice, or offering coverage with
premiums that are unfairly high relative to homes that are not designated.
In consideration of property insurance coverage for designated heritage homes and the
most recent information provided to the Committee, it appears that the practices of
insurance companies in Ontario are becoming problematic, which may result in
hardship for property owners who act as stewards of our significant cultural heritage.
Through contact and investigation with other municipalities, we understand they have
heard of similar insurance situations/hardships.
The Clarington Heritage Committee requests that urgent action be taken by senior
levels of government to align the regulations governing insurance providers with the
requirements of the Ontario Heritage Act in order to see this issue addressed and
support, rather than penalize, designated property owners in their role as stewards of
Ontario's cultural history.
Your support in helping to resolve this issue in a timely manner, such that constituents
who are currently paying higher rates to insure their homes or are having issues in
finding an insurer willing to insure designated heritage properties, is appreciated.
Sincerely,
Vic Suppan Peter Vogel
Clarington Heritage Committee, Chair Clarington Heritage Committee, Vice -chair
On behalf of the Clarington Heritage Committee
Encl. Clarington Council's July 6, 2021 Resolution #PD-211-21
Interested Parties
-The Honourable Doug Ford, M.P.P.
Premier of Ontario Via Email: premier@ontario.ca
-The Honourable Erin O'Toole, M. P., Durham - Erin.OToole(bparl.gc.ca
-The Honourable Philip Lawrence, M. P., Northumberland -Peterborough South -
Philip. Lawrence(o-)_parl.gc.ca
-The Honourable Peter Bethlenfalvy, M.P.P., Minister of Finance, -
Minister.fin@ontario.ca
-The Honourable Lisa MacLeod, M.P.P., Minister of Heritage, Sport, Tourism and
Culture Industries — Minister. MacLeod@ontario.ca
-The Honourable Lindsey Park, M.P.P., Durham - lindsey.park@pc.ola.org
-The Honourable David Piccini, M.P.P., Northumberland -Peterborough South -
david.piccini(a)pc.ola.org
-Association of Municipalities of Ontario (AMO) - amo@amo.on.ca
-Insurance Bureau of Canada
-Ontario Heritage Trust
-Financial Services Regulatory Authority
-Federal Office of the Superintendent of Financial Institutions
-Durham Region Heritage Committees
-Mayor and Members of Clarington Council
The Corporation of the Municipality of Clarir igg-emperance Street, Bowmanville, ON L1 C 3A6
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Clarington
If this information is required in an alternate format, please contact the Accessibility
Co-ordinator at 905-623-3379 ext. 2131
July 6, 2021
The Honourable Doug Ford, M.P.P.
Premier of Ontario
Via Email: Dremieraontario.ca
Dear Premier:
Re: Insurance Issues for Designated Properties
File Number: PG.25.06
At a meeting held on July 5, 2021, the Council of the Municipality of Clarington
approved the following Resolution #PD-211-21:
Whereas the Province of Ontario identifies the conservation of features of
significant cultural and historical value as a matter of Provincial interest, and
Provincial policy directs municipalities to conserve significant cultural heritage
resources;
And Whereas the Ontario Heritage Act governs the processes by which cultural
heritage resources are protected for the long-term, requires municipalities to
maintain a Municipal Register, and empowers municipalities to designate by by-
law properties having cultural heritage value or interest to fulfill the intent of the
Province's mandate;
And Whereas the Insurance Bureau of Canada recognizes the value of owning
and preserving cultural heritage resources as part of Canada's history;
And Whereas there appears to be misalignment and misconception between the
requirements of designated heritage property owners under the Ontario Heritage
Act, regulations governing insurance providers, and the policies and practices
thereof as they relate to the replacement cost of designated heritage homes with
materials and craftsmanship of like kind and quality;
The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1 C 3A6
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Premier Ford July 6, 2021 Page 2
And Whereas this potential misalignment or misconception of such replacement
requirements by insurance providers creates a situation where some
homeowners of designated heritage properties have indicated they have difficulty
obtaining suitable property insurance coverage at a reasonable cost in order to
continue as stewards of our communities' significant cultural heritage resources,
which often are private residences;
And Whereas the Insurance Bureau of Canada and the Minister of Finance
through the Financial Services Regulatory Authority of Ontario administers rules
and regulations governing property insurance matters;
Now therefore be it resolved:
That the Municipality of Clarington requests the Minister of Heritage,
Tourism, Sport, and Cultural Industries to engage in meaningful dialogue
with the Minister of Finance and the Insurance Bureau of Canada to
initiate a review to address and ensure alignment between the
requirements of the Ontario Heritage Act, the regulations governing
insurance providers, and the policies and practices thereof, in order to
better support, rather than penalize, owners of designated heritage
properties, who act as stewards of the Province's significant cultural
heritage resources throughout communities across Ontario; and
That as a part of the Province's actions to address this matter, municipal
heritage committees be invited to engage as stakeholders; and
That a copy of this resolution be forwarded to the Honourable Doug Ford,
Premier of Ontario, Lindsey Park, MPP (Durham), David Piccini, MPP
(Northumberland -Peterborough South); and
That a copy of this resolution be forwarded to the Association of
Municipalities of Ontario.
Yours sincerely,
r
Johns Paul Newman
Deputy Clerk
JPN/cm
c: See Attached List of Interested Parties
R. Windle, Director of Planning and Development Services
The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1 C 3A6
1-800-563-1195 1 Local: 905-623-3379 1 ip%4c + gton.net I www.clarington.net
Premier Ford July 6, 2021
Page 3
Interested Parties
The Honourable Peter Bethlenfalvy, M.P.P., Minister of Finance, -
Minister.fin(a)ontario.ca
The Honourable Lisa MacLeod, M.P.P., Minister of Heritage, Sport, Tourism and
Culture Industries — Minister. MacLeod(a)-ontario.ca
The Honourable Lindsey Park, M.P.P., Durham - lindsey.park pc.ola.orc
The Honourable David Piccini, M.P.P., Northumberland -Peterborough South -
david.piccini(a)_pc.ola.org
Association of Municipalities of Ontario (AMO) - amo(a)_amo.on.ca
Insurance Bureau of Canada
Ontario Heritage Trust
The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1 C 3A6
1-800-563-1195 1 Local:905-623-3379 1 ipfgAc �gton.net I www.clarington.net