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HomeMy WebLinkAbout2022-09-12 JointClar*wn General Government and Planning and Development Committees Post-MeetingAgenda Date: September 12, 2022 Time: 9:30 AM Location: Council Chambers or Microsoft Teams Inquiries and 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 Call to Order 2. Land Acknowledgement Statement 3. Declaration of Interest 4. Announcements 5. Presentations/Delegations (10 minute time limit) *5.1. Rick Stockman, Chair, Clarington Active Transportation and Safe Roads 5 Advisory Committee, Regarding the Committee's Status Report *5.2. Deborah Mathias, Graham Creek Farm Newcastle, Regarding Report PDS-035-22 Application for Zoning By-law Amendment to Permit Agri - Tourism Uses Including a Special Events Venue at 3582 Morgans Road, Clarke *5.3. Bob Clark, RPP, P. Eng., P. Ag., OLE, Principle Planner, Clark Consulting Services, Regarding Report PDS-035-22 Application for Zoning By-law Amendment to Permit Agri -Tourism Uses Including a Special Events Venue at 3582 Morgans Road, Clarke *5.4. Sami Elhajjeh, Regarding Report PDS-036-22 Draft Plan of Subdivision and Rezoning for Multiple Properties in the Hancock Neighbourhood, Courtice *5.5. Teresa Koornneef, Regarding Report PDS-036-22 Draft Plan of Subdivision and Rezoning for Multiple Properties in the Hancock Neighbourhood, Courtice *5.6. Libby Racansky, Regarding Report PDS-036-22 Draft Plan of 20 Subdivision and Rezoning for Multiple Properties in the Hancock Neighbourhood, Courtice *5.7. Scott Lafete, Marlin Springs, Regarding Report PDS-036-22 Draft Plan of Subdivision and Rezoning for Multiple Properties in the Hancock Neighbourhood, Courtice 6. Reports/Correspondence Related to Presentations/Delegations 6.1. PDS-035-22 Application for Zoning By-law Amendment to Permit Agri- 28 tourism uses Including a Special Events Venue at 3582 Morgans Road, Clarke Page 2 *6.1.1. Correspondence from Mary Ann Muizelaar, Regarding Report 107 PDS-035-22 6.2. PDS-036-22 Draft Plan of Subdivision and Rezoning for Multiple 108 Properties in the Hancock Neighbourhood, Courtice 7. Communications 7.1. Minutes of the Newcastle Village Community Hall Board dated May 17, 161 2022 and June 21, 2022 (Receive for Information) 7.2. Wendy Partner, Clarington Affordable Housing Task Force, Regarding 167 Request for Newcastle Fire Hall to be included on the Region of Durham's Surplus Land Website for Potential Creation of Affordable Housing (Motion for Direction) 8. Staff Reports and Staff Memos 8.1. Planning and Development Services 8.1.1. PDS-042-22 Infrastructure Canada — Active Transportation 168 Fund — Grant Funding Agreement Authorization 8.1.2. Memo-040-22 Request to Extend the Use of Temporary Living 171 Quarters at 2786 Maple Grove Road, Darlington 8.2. Emergency and Fire Services 8.2.1. New Business - Hope's Cradle (Councillor Zwart) 173 8.3. Community Services 8.3.1. CSD-014-22 Community Services User Rates and Fees 2023 175 8.4. Legislative Services 8.4.1. New Business - Enforcement By-law (Councillor Traill) 192 *8.4.2. New Business - Amending the Election Sign By-law 2016-004 193 (Councillor Neal) (Requires 2/3 Vote to be Discussed) Page 3 8.5. Financial Services 8.5.1. FSD-032-22 2022 DMIP Insurance Renewal 194 8.5.2. FSD-034-22 2023 Budget Guidelines 200 8.5.3. FSD-035-22 Contract Awards During Council Recess 214 9. Unfinished Business 10. Questions to Department Heads/Request for Staff Report(s) 11. Confidential Items 11.1. CAO-009-22 CAO Teaching Opportunity 11.2. PDS-043-22 Request for Closure of McKnight Road at Baseline Road and Closure of Existing Abandoned Railway Farm Crossing in Support of GO Train Extension 12. Adjournment Page 4 Clarington Active Transportation and Safe Roads Advisory Committee To: Mayor Foster and Clarington Council Members From: Rick Stockman, Chair, Active Transportation and Safe Roads Committee CC: Date: September 9, 2022 Re: Active Transportation and Safe Roads Advisory Committee Status Report The purpose of this report is to provide members of Council with a status report on Clarington Active Transportation and Safe Roads Advisory Committee (AT&SRAC) including; accomplishments, recommended priorities and, challenges; for the next term of Council. The AT&SRAC Terms of Reference are attached. Background • The AT&SRAC was established by Clarington Council in January 2018. • 10 Members plus Councillor Janice Jones were appointed to the AT&SRAC by Council in April 2018; • First meeting was held May 2018; • Term of Committee Members amended in 2021 to coincide with the term of Council; • A new Committee will be appointed by the next Council. Current Members • Arnold Mostert, Bart Hawkins Kreps, Connie Kobelka, Connor Houston, Councillor Janice Jones, Jeannie Winters, Jim Boate, Philip Haylock, Richard Oldfield, and myself. Staff support is provided by Andrew Johnson and Catherine Verhoog. Accomplishments The following is a list of the many, but not all, accomplishments: • Provided input on trail planning and development; • Advocated trail connectivity; • Promoted active transportation and safety prior to COVID - 19including; Sport & Leisure Fair, Kids in the Park, Family Safety Day Event; • Recommended winter maintenance of trails in Bowmanville and Newcastle which was a tremendous success according to trail users; • Advised staff of trail maintenance issues and deficiencies i.e. curb cuts and brush removal; • Supported traffic calming initiatives on local roads; Page 5 • Advocated for trail signage and assisted staff with sign selection and locations; • Participated in June -Bike Month events and organized weekly nature walks; • Explored Share the Road — Bike Friendly Community designation • Promoted Farm Fresh Bike Tours in partnership with Clarington Tourism Future Priorities The following are the recommended priorities for the next committee: • Provide input to the draft Active Transportation Master Plan; • Continue to advise and support trail development and connectivity; • Promote active transportation in the community; • Advocate for safer roads for pedestrians and cyclists including traffic calming; • Revisit Bike Friendly Community designation; • Support expansion of trail winter maintenance; • Provide more input on Secondary Plan reviews; • Expand Bike Month promotion and participation; • Support increased Multi Use Paths on arterial roads; • Advocate for improved trail safety Le dividing line on all trails Future Challenges The next Council and Committee will have the following challenges: • Recruiting members for the Committee especially younger members of the community; • Increasing community engagement for active transportation especially pedestrian traffic; • Working with partners to increase active transportation linked to tourism and local economy. Closing IM.TAI MOINIMI 5 • Staff, especially Public Works, for their support and updates at meetings as well as being available when needed • Andrew Johnson who serves as the staff liaison for the AT&SRC; • Members of Council for appointing and supporting the Committee and especially Councillor Janice Jones who provided important guidance at various times; • Committee Members who volunteered their time and knowledge to promote active transportation in our community. Page 6 Clarington Active Transportation &Road Safety Advisory Committee (AT&SRAC) Clarington Council Presentation September 12, 2022 Page 7 AT&SRAC Background • Created by Council in January 2018; • Mandate: generally to promote and advise Clarington Council on active transportation and road safety matters in the municipality; • Composition: consisted of 11 members selected from the community, staff coordinator, rep from Durham Region's active transportation committee, and Councillor (Janice Jones); am AT&SRAC Background • Term: was originally set at 1 year -extended to 2 and later extended to coincide with the term of Council (4 years); • Meetings: Quarterly, majority of meetings have been virtual due to COVID-19. Page 9 AT&S RAC Accomplishments • Provided input on trail planning and development; • Advocated trail connectivity; • Promoted active transportation and safety prior to COVID - 19including; Sport &Leisure Fair, Kids in the Park, Family Safety Day Eve nt; gold e n activetransportation Page 10 This Photo by Unknown Author is licensed under CC BY -NC -ND AT&SRAC • Recommended winter maintenance of trails in Bowmanville and Newcastle which was a tremendous success according to trail users; Page 11 . . AT&SRAC Accomplishments Advised staff of trail maintenance issues and deficiencies i.e. curb cuts and brush removal; Supported traffic calming initiatives on local roads; Advocated for trail signage and assisted staff with sign selection and locations; 0% V TO PEDESTRIANS Page 12 AT&SRAC Accomplishments Participated in June -Bike Month events and organized weekly nature wa I ks; • Explored Share the Road — Bike Friendly Community designation; • Promoted Farm Fresh Bike Tours in partnership with Clarington Tourism; Page 13 ONM10— 1 \i Future Priorities • Provide input to the draft Active Transportation Master Plan; • Continue to advise and support trail development and connectivity; • Promote active transportation in the community; • Advocate for safer roads for pedestrians and cyclists including traffic calming; Page 14 ONMIO- 1 \w Future Priorities • Revisit Bike Friendly Community designation; • Support expansion of trail winter maintenance; • Provide more input on Secondary Plan reviews; Page 15 AT&SRAC Future Priorities • Expand Bike Month promotion and participation; • Support increased Multi Use Paths on arterial roads; • Advocate for improved trail safety i.e dividing line on all trails Page 16 AT&SRAC Future Challenges The next Council and Committee will have the following challenges: • Recruiting members for the Committee especially younger members of the community; • Increasing community engagement for active transportation especially pedestrian traffic; • Working with partners to increase active transportation linked to tourism and local economy. Page 17 AT&SRAC • Staff, especially Public Works, for their support and updates at meetings as well as being available when needed; • Andrew Johnson and Catherine Verhoog serves as the staff liaison and support for the AT&SRC; • Members of Council for appointing and supporting the Committee and especially Councillor Janice Jones who provided important guidance at various times; • Committee Members who volunteered their time and knowledge to promote active transportation in our community. Page 18 - MO. �T AT&S RAC Page 19 Trolleybus (Marlin Springs) Plan Design with 94% imperviousness could lead to destruction of our aquifer, PSW and to additional flooding . r T- Page 20 On -street parking in Newcastle 'Fed up': Newcastle neighbours upset about on- s I r(yP I parking ft"e,5-" 4-[r wM;ryg}II*wed a-2&&wmwai a w[rr-mc WWI np afL.:.,,; 1r [* efn y lnllof ID'meaa■ thu., luxe 3c. 2D:22 @.& min. ccad €![ C4r�e S�fFff tih} LCrt�� �t+s APRR*Yin updf[+d IVI.42.x02? 1 n 1_t Agreement RRPGRT NO,! Po-59-91 3. GENERAL S:p Ts . r grotaction of-,b.t-.atf al greenland areas as—'h.931 e�eyar terra bet-w7ort Rjax and uhScby and betww= Cavrtice and •---ville - CoMissipner's Beport No, 110 .� AS a result of these mcetla.gs„St+rff fran of chew€15.04�, lho r 4nSCl'vation ML0oi`iC and the RC IR Iravr� ,�7�'rri Jlat tfm f+iilCwin9 f gu a nes aS IN a e o e or ranngjLL.1j Iffill-SCI AA41yrirs trial gul,N.- 4hfi preparation of neiyhbourhoOE development Plalri: j} that the lands iffantfriM irl the EnvSrairnrntal im act f,nai sis S �EnY�r4n.:cn a a21s reaS an pen paN F'CdS w Or a Ac-" w. - tij teat the ands identified as 'SPecial'rallt At-cas' wi11 not dCvn19P unless da t iro 4 fa s u , o e sa s c sa,n o Cfie onse+'va an u'.,00-i h Cage su eas hle; and iiiithat Ut laD69 feentified as 'Il'i,n Areas" will dtYv1c nn i 1 f 30Lnd {an ine27'irtdd nn a ra€ ices Corimve as 1 m�C 3S piss ae. mpor[dn N e haD, 141(# }j Staff from the Censervati'm Authorl`.y will be invaivtd In the prepaj'aCian of the m0oboui`hucd naMelou .ens plans. SubSeGafi'jt ;o the pi'ep2}'atior of such plans, Fieticastle staff will �,- Pacctimendir-g dny neee5Lary amendments to the Durham Reg:Dnal Official Flan or the Cffic.el plan #Dr M foyer Planning Area of the TDVAShip of Darlington. Staff firm the Con servAtfon AV' F,Qaity arq@ &attsfiel that kti15 con slitu;es a reas.�nablfi approach to their env{roamertal Cpn€erns foi` this area. _S.a The EnvIronriental 1raact Analysis P3'e�aved 1ry gartnll' tee ASsocdates tini.ted will enaDle :he Tomn of YcwcastIe to resolve the wsitivt envirmuaental nattell pilfor to develorment tha'augh the paEparation of neI1 hf ovrMod devel oprPent plans for the no11hl-dst pgrtion of Caui'ti€e Urbark ge 22. �yr� Ur. i Foni!11 e1 P1annin Cerralssfonei` of Yianninq F � Conformation to Region, Clarington OPs, Zoning, PPS � R Sensitivity of surrounding lands Drawdown Deletion of tributaries Flooding other ppglq�; properties HormW yffer SysMm �D�ll �t IUPMMl h F mow. Unconfined aquifer r- JJL Aquffer SyRFMmg M��i �Lh`R rim 4��f F P. iif7�l Wl�� ��W1 •Y��■ rIF��=��r W�4a�+ FrFW FTlL�i1�LW �+laa ' YYill �N �~ �ul���• Removal of trees, digging below the water table level, drainage causing runoff, pooling, flooding, sinkholes versus dryness A. i IF MIMP -j � T -C Both creations - people and wildlife must be saved to ensure our health; eco-passages suggested by Dillon are needed at Hancock and Nash F. I •�: ' �0'3 Y •�•K� L •y Some statements from so called revised Studies Our questions: On what basis was sub plan drafted? ...they didn't find manholes or catchment at surrounding lands. The impact on PSW is unknown... No update on wildlife/status ... Researchers will not accept responsibility for any deficiency, etc. WHO will??? Nothing changed... Noise study didn't find any railway and that is why subdivision meet noise guidelines... SWM- enhanced level of protection (Chicago)? 48 hrs of holding water released to...? Comparison with old 2006 Sernas study - climate since then changed; more imperviousness than 40%.. Release of effluent to Black Creek -temperature... water quality Curb, gutter and sidewalk... Bell easement... WE need more greenery to stop flooding! No Park - we need trail Trenchless technology use for extension of services! We need our ecologist to monitor our lands ... as part of MITIGATION/COMPENSATION of past non sustainable practices Clarftwn 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 12, 2022 Report Number: PDS-035-22 Submitted By: Carlos Salazar, Director of Planning and Development Services Reviewed By: Mary -Anne Dempster, CAO Resolution#: File Number: ZBA2022-0005 By-law Number: Report Subject: Application for Zoning By-law Amendment to permit agri-tourism uses including a special events venue at 3582 Morgans Road, Clarke. Recommendations: 1. That Report PDS-035-22 and any related delegations or communication items, be received; 2. That the By-law attached to Report PDS-035-22, as Attachment 1, be approved; 3. That once all conditions contained in PDS-035-22 with respect to Removal of the (H) Holding Symbol are satisfied and Site Plan Approval has been granted, the By-law authorizing the Removal of the (H) Holding Symbol be approved; 4. That the Durham Regional Planning and Economic Development Department be forwarded a copy of Report PDS-035-22 and Council's decision and 5. That all interested parties listed in Report PDS-035-22 and any delegations be advised of Council's decision. Page 28 Municipality of Clarington Report PDS-035-22 Report Overview Page 2 The purpose of this report is to recommend approval of the Zoning By-law Amendment application (ZBA2022-0005) submitted by Clarke Consulting Services, on behalf of Deborah and Oswin Mathias, to permit agri-tourism uses including a special events venue at 3582 Morgans Road in Clarke. The proposed development conforms with the Clarington Official Plan. This Zoning By-law amendment is subject to a Holding provision to meet the conditions of site plan approval including reports that would be addressed through the ongoing Site Plan application. 1. Application Details 1.1 Owner/Applicant: Deborah and Oswin Mathias 1.2 Agent: Clarke Consulting Services 1.3 Proposal: Zoning By-law Amendment To amend the "Agricultural Exception (A-91)" Zone to incorporate agri-tourism uses including a special events venue • The total lot coverage for agri-tourism uses would be a maximum of 2% with a total floor area maximum of 305 square metres. • Special events would include weddings accommodating up to 150 patrons and 15 staff in a designated event space operating from May through October. Events would take place two to three times per weekend not exceeding 30 events per year. 1.4 Area: 16.2 Hectares 1.5 Location: Concession 3, Part Lot 17, Former Township of Clarke. 3582 Morgans Road, Clarke (See Figure 1) 1.6 Roll Number: 181703003016520 1.7 Within Built Boundary: No Page 29 Municipality of Clarington Report PDS-035-22 Figure 1: Site Location 2. Background Page 3 2.1 The subject site was part of previous applications for Clarington Official Plan Amendment (COPA2015-0005) and Zoning By-law Amendment (ZBA2015-0015). In January 2017, the Planning and Development (PDC) Committee approved the applications. Subsequently Clarington Council: Page 30 Municipality of Clarington Report PDS-035-22 Page 4 a. Refused to adopt an OPA to allow a seasonal event venue as an accessory on -farm diversified use; b. Refused to adopt an amendment to the Comprehensive Zoning By-law to permit a seasonal special event venue accessory to a farm; and c. Adopted ZBL 2017-009 to permit meat processing accessory to a farm but not including an abattoir on the site, to rezone a part of the site associated with the Graham Creek valley to the EP (Environmental Protection) Zone and to apply a holding ("H") provision to the part of the site that allows meat processing. 2.2 The Owners appealed the decision to the Local Planning Appeal Tribunal (LPAT). In July of 2018, the Tribunal Order (See Attachment 2) provided the following decision: a. The appeal of the refusal of the OPA is dismissed; b. The zoning appeal is granted in part and ZBL 2017-009 is approved subject to a three-part modification: the addition of a regulation which caps the floor space devoted to meat processing accessory to the farm at 61 sq. m., the addition of a regulation that restricts the meat processing use to meat raised on the farm, and the deletion of the Holding "H" symbol; Clarington is to modify, in a timely manner, ZBL 2017-009 in accordance with this Order and the modified ZBL 2017-009 to have an effective date coincident with the date of issuance of this Order; and c. This Member may be spoken to should any matters arise respecting the implementation of this Order. 2.3 The Official Plan Amendment (OPA) was deemed to no longer be required. At the time of Clarington Council's decision, the 1996 Clarington Official Plan was in force. At the time of the LPAT hearing, Official Plan Amendment 107 was in force, which permits on - farm diversified uses and agri-tourism uses such as a special events venue. 2.4 In the Tribunal Order, direction was provided on the special events venue. The Tribunal concluded that the public interest would best be served by requiring that any proposed new regulations or matters related to the special events venue be part of a public process involving Clarington Council and the public. As such, the Tribunal provided parameters to guide the future processing of the planning application related to the special events venue including that the size and scope of the special events venue be clearly defined (i.e., maximum number of guests). The Tribunal noted that provisions should include a municipal by-law which deals with issues such as noise, licensing, hours of operation, etc. 2.5 On September 17, 2018, Council approved Resolution #PD-167-18 whereby Council enacted the Zoning By-law Amendment contained in Attachment 3 of Report PSD-070- Page 31 Municipality of Clarington Report PDS-035-22 Page 5 18 in accordance with the Order of the LPAT to establish additional regulations and remove the holding symbol for the meat processing use accessory to a farm. 2.6 Council and staff discussed the issue of on -farm special events for several months following the release of the LPAT decision. This was to regulate on -farm special events due to the interest from farmers pursuing special events as an agri-tourism option on farms. These discussions culminated in Council Resolution #C-142-19, which directed staff to work in consultation with all stakeholders and to report back with proposals to regulate on -farm special events. 2.7 Based on the guidance found in the LPAT order, subsequent discussions with Council, and input from the public and a working group of the Agricultural Advisory Committee of Clarington (AACC), Legislative Services and Planning and Development Services staff identified potential elements of a regulatory scheme for on -farm special events. Those components included a Zoning By-law Amendment, Site Plan approval, application of existing regulatory by-laws (e.g., Noise By-law 2007-071), and the possibility of a bylaw exclusively devoted to the regulation of on -farm special events. On May 25, 2021, Council enacted By -Law 2021-049 (See Attachment 3) being a by-law to license on - farm special events. The By-law establishes the regulatory framework for on -farm special events to ensure that they are compatible with ongoing farm operations and do not have an undue impact on neighbouring properties. 2.8 On March 21, 2022, the applicant submitted a revised application for Zoning By-law Amendment (ZBA2022-0005) and Site Plan Approval (SPA2022-0005) for agri-tourism uses including a special events venue. 2.9 A Public Meeting was held on May 16, 2022. 2.10 The applicant has submitted the following updated studies in support of the applications: • Planning Justification Report and Addendum Report, • Hydrogeological Assessment Report and Opinion Letter, • Minimum Distance Separation Assessment, • Preliminary Noise Assessment, • Sight Distance Review, • Site Screening Questionnaire; and • Stage I and II Archaeological Assessment. 2.11 A summary of these studies will be provided in Section 7 of this report. Page 32 Municipality of Clarington Page 6 Report PDS-035-22 3. Land Characteristics and Surrounding Uses 3.1 The subject lands are 16.2 hectares in area with approximately 10 hectares of tillable lands that are used for farming purposes. The northern portion of the property includes approximately 6 hectares of forested land including a tributary of Graham Creek which bisects the northern area of the subject site and is unusable for farming. On the property is a residential detached dwelling, garage, three barns, a cattle shelter and a cover -all (fabric covered structure) to be used as the event space (See Figure 2 and Figure 3). The location where all special events will take place is within the open-air coverall -all structure (See Figure 4). A cleared outdoor area dedicated to ceremony space is also proposed (See Figure 5). 3.2 The subject property is used for agricultural and residential purposes. The agricultural use includes raising beef, Iamb, chicken, goats, and hogs for commercial sales. 3.3 The surrounding uses are as follows: North - Environmentally protected lands including Graham Creek and rural residential East - Environmentally protected lands including Graham Creek, rural residential and an auto wrecking facility (230 metres from the site) South - Agricultural and rural residential West — Agricultural Page 33 Municipality of Clarington Report PDS-035-22 Page 7 SrrE PLAN AppuCAriorg SKETCH ,erty, Aid�4�: 3581 Mora rs. Road NewtssaEe, Omtarip umww Subjertlands ExiwnZSuurtur44 C_- Proposed mobiie Units 0 (:ettle sh#d Graham C Z 1. #— Septic 5Fri C • Well uxatjorn . , ......... fire Ratir'te nN.. ' fist of Exleting54rueture� #1- Owner's Marne(215.59 m'l Special Events Venue fknr 42 • &aR%9arrl f148-52 m') Arrt ' k•-. N3 • Ewmnt 3uildinO504.86 m) #d - Garage jifid. �5 'M 4- - iffl( el rrato[ s WWV & Wks) i95 - Cattle Shelter (}4 mr 05 . Poic Buildin 1557.41 m'� ill - i19w Fty►c Bean {557.� m'f Lot DimMme nr. Lot Area: 408c�rC9 - = lot Frontage: 5d2,47 metres i� i - hBRIDd&yG Lark Lanw4ir+t5ervioes Am_- Juie 263$ LtdXdj3zW Juna 2Q36 -UhdWLwd March 201$, jw-,e MSi �r[oher#}L4, rlohvrn[p ;Qj9 June 2=, Augusa 2a2Q, O?Wber 2M. February 2tiY.Z OIm¢nssanL 2MpeCt Xk-; t9ktn ham Avmultura[ IrrfnrrnaMm Ar Figure 2: Proposed Site Plan Page 34 Municipality of Clarington Report PDS-035-22 0 14K A Special Events Venue �". -" Ar �y� f Page 8 T�+ - Figure 3: Special Events Building Location Page 35 - . I Municipality of Clarington Report PDS-035-22 Page 9 r�- Figure 4: Existing Cover -all Structure to be used as Special Events Venue Figure 5: Outdoor Ceremony Space for Special Events Page 36 Municipality of Clarington Report PDS-035-22 4. Provincial Policy Provincial Policy Statement Page 10 4.1 The Provincial Policy Statement (PPS) encourages opportunities to support a diversified rural economy by promoting and protecting agricultural uses and on -farm diversified uses. It also states that proposed agriculture -related uses and on -farm diversified uses shall be compatible with and shall not hinder surrounding agricultural operations. 4.2 On -farm diversified uses are defined as uses that are secondary to the principal agricultural use of the property, are limited in area, and include agri-tourism uses, which are defined in the PPS as those farm -related tourism uses that promote the enjoyment, education or activities related to the farm operation. 4.3 The proposed agri-tourism uses conform to the Provincial Policy Statement. Greenbelt Plan 4.4 The subject site is located within the Protected Countryside designation of the Greenbelt Plan and within the Greenbelt Natural Heritage System (NHS). A full range of agricultural uses, agriculture -related uses and on -farm diversified uses are permitted within rural lands. Criteria for these uses shall be based on the provincial Guidelines on Permitted Uses in Ontario's Prime Agricultural Areas. 4.5 Proposed agriculture -related uses and on -farm diversified uses shall be compatible with and not hinder surrounding agricultural operations. 4.6 The proposed agri-tourism uses conform to the Greenbelt Plan. 5. Official Plans Durham Regional Official Plan 5.1 The Durham Regional Official Plan designates the subject lands Major Open Space Areas. The predominant use of land in the Major Open Space Areas shall be conservation, and a full range of agricultural, agricultural -related, and secondary uses. 5.2 Agri -tourism uses are permitted as secondary agricultural uses, provided such uses are directly related to, or exclusively devoted to the existing farm operation. 5.3 The proposed agri-tourism uses conform to the Durham Regional Official Plan. Page 37 Municipality of Clarington Report PDS-035-22 Clarington Official Plan Page 11 5.4 The Clarington Official Plan designates most of the northern portion of the property as Environmental Protection Area and most of the southern portion of the property as Rural. 5.5 The subject site is within the Natural Heritage System and partially within the floodplain. Development is not permitted within a natural heritage feature or hazard. 5.6 On farm diversified uses including agri-tourism uses, are permitted in Prime Agricultural Areas and Rural Areas, subject to the provisions of the zoning by-law provided that such uses: a) Are located on a farm and are secondary to the principal agricultural use of the property; b) Are limited in area; c) Are compatible with the existing and/or designated land uses in the surrounding areas and do not generate excessive amounts of odour, traffic, and other nuisances; and; d) Do not conflict with, detract, or hinder any surrounding agricultural operations from carrying on normal farm practices. 5.7 The proposed agri-tourism uses conform to the Clarington Official Plan. 6. Draft Economic Development Strategy 6.1 In June 2022, Council adopted in principle Clarington's `Draft Economic Development Strategy (EDS).' The EDS is Clarington's first such study and is intended to reinforce the work currently being done by the Municipality and our community partners, while also highlighting areas for improvement to build our community's capacity to support economic development initiatives. The EDS also identifies major catalyst type projects, which have the potential to drive further economic development and include agricultural diversification and rural tourism. 6.2 The subject application generally aligns with the EDS aspirations to a) ensure the long-term sustainability of agriculture in Clarington and b) support rural tourism development that enhances the Municipality's quality of life. Page 38 Municipality of Clarington Report PDS-035-22 7. Zoning By-law Page 12 7.1 The southern portion of the property is zoned "Agricultural Exception (A-91)" and the northern portion is zoned "Environmental Protection" in Zoning Bylaw 84-63. In addition to the Agricultural use permissions, the A-91 Exception Zone permits meat processing accessory to a farm (through the LPAT decision). The meat processing is limited to 61 square metres and the meat to be processed must be raised on the property. 7.2 A Zoning By-law Amendment is required to permit the proposed agri-tourism uses including the special events venue. Other agri-tourism uses that the applicant proposes on site include culinary -related uses such as cooking classes, picnics, tastings and pairings, and farm to table activities such as lessons in cutting and smoking. 7.3 The agri-tourism uses would be subject to site specific regulations that include a maximum total lot coverage of 2% for all agri-tourism uses and a maximum total floor area regulation of 305 square metres. 7.4 The special events venue would be subject to regulations that include a maximum of 150 event guests, a maximum of 70 parking spaces, and would be subject to an event maximum of two to three events per weekend. This would be between May and October. 8. On -Farm Special Events By-law 8.1 On May 25, 2021, Council adopted an On -Farm Special Events By -Law. This was to offer farmers an opportunity to add to their income and support local tourism. The On - Farm Special Events licensing is required in addition to successful rezoning and site plan approval applications. License holders are required to retain records for the license period which assist in enforcement to ensure matters such as capacity, noise and traffic are not problematic. Applicants must have a valid Ontario farm registration number for the property. 8.2 The proposal conforms to the regulations of the On -Farm Special Events By-law. 9. Summary of Background Studies Planning Justification Report and Addendum Report 9.1 The Planning Justification Report, prepared by Clark Consulting Services in 2015 and the Addendum Report, prepared in 2021, summarizes Provincial and local policy within the context of the proposal. It provides policy direction on how the application complies and meets the criteria for agri-tourism and on -farm diversified uses. This Report also Page 39 Municipality of Clarington Report PDS-035-22 Page 13 summaries the application details including the size, location and season of the proposed special events venue. Hydrogeological Assessment Report and Opinion Letter 9.2 The findings of the Hydrogeological Assessment, prepared by Geo-Logic in 2015, indicates that the drilled well on site will provide long term groundwater supply to the proposed agri-tourism uses without interference to neighbouring wells. The Opinion Letter, completed by GHD in 2017, states that the Hydrogeological Assessment conducted in 2015 is adequate and that conducting additional testing will provide no relevant information and thus, is not required. Minimum Distance Separation (MDS) Assessment 9.3 The Minimum Distance Separation (MDS) Assessment, prepared by Clark Consulting in 2017, states that there are seven livestock facilities located within 1 kilometre of the subject site and one of those facilities is located within 750 metres of the site which is not shielded by four or more non -farm residential uses. The assessment includes a statement of MDS Conformity and calculations. The statement concluded that there is no potential for odour conflict. Preliminary Noise Assessment 9.4 The preliminary Noise Assessment, prepared by J.E. Coulter Associates Ltd. in 2017, indicates that due to the type of structure for the building (open -style building and light- weight roof membrane) that the noise from the speakers' sound levels will be above Ministry of the Environment and Climate Change (now the Ministry of Environment, Conservation and Parks) criteria. 9.5 The applicant's response to the preliminary noise assessment included as part of the submission indicates that noise will be addressed through the site plan approval phase of the planning process. Quieter music options such as acoustic music may be explored. The response from the applicant acknowledges that the applicant is aware that noise must be mitigated. Sight Distance Review 9.6 The Sight Distance Review, prepared by Engage Engineering in 2015, indicates that based on the results of the field review, the existing entrance location meets the minimum sight distance requirement of 140 metres to the north, in accordance with the Transportation Association of Canada JAC) Manual requirements for a 70 kilometre per hour speed and that the existing entrance location is acceptable from a sight distance perspective. Page 40 Municipality of Clarington Report PDS-035-22 Site Screening Questionnaire Page 14 9.7 A Site Screening Questionnaire was prepared by Golder Associates in 2015 and did not identify any issues of potential environmental concern associated with the site. Stage I and II Archaeological Assessment 9.8 The Stage I Archaeological Assessment, prepared by Advance Archeology in 2015, required a Stage II Archaeological Assessment be completed. The Stage II Archeological Assessment, prepared by Northeastern Archeological Associates in 2022, indicates that no evidence of archaeological resource was found. The report has been submitted to the Ministry for registration. 10. Public Notice and Submissions 10.1 A Statutory Public Meeting was held on May 16, 2022. Staff have received a total of 13 written comments on the proposal. Eight written comments were received in support of the applications and five were in opposition. 10.2 There were six main concerns from the public including: • Increased noise and traffic from the special events venue • A lack of lighting on Morgans Road • Enforcement concerns for the special events venue • Questions as to how the agricultural use will remain the primary use • Questions as to how the area for on -farm diversified uses is calculated • Questions as to if the Site Screening Questionnaire is considered acceptable. These concerns will be addressed in Section 11 of this report. 10.3 Comments in support of the applications included the need for more special event venues in Clarington, the economic value in allowing agri-tourism uses and support for local businesses. 10.4 The Ontario Federation of Agriculture Member Service Representative for Durham Region provided a letter in support of the application. 10.5 A list of concerned citizens was provided by a local resident. Page 41 Municipality of Clarington Report PDS-035-22 Page 15 10.6 A notice of this Recommendation Report being presented for consideration of Council's Planning and Development Committee has been sent to all interested parties per the Planning Act. 11. Agency Comments Region of Durham Planning and Economic Development 11.1 The Region of Durham Planning and Economic Development Department has no concerns with the proposed rezoning of the subject site, subject to the proponent providing appropriate documents to address archaeological potential, environmental noise impacts and potential site contamination to the satisfaction of the Region, prior to the passing of this zoning by-law amendment, or alternatively be subject to a Holding (H) provision. Region of Durham Health Department 11.2 At the building permit stage, the Region of Durham Health Department has indicated that approvals will be required for food premises on the property and designation as a Small Drinking Water System. Approval from the Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA) may or may not be required. Ganaraska Region Conservation Authority (GRCA) 11.3 The GRCA has no objection to the rezoning application. A permit will not be required from the GRCA for this proposal. 12. Departmental Comments Planning and Development Services — Building Division 12.1 The Building Division of the Planning and Development Services Department has no concerns with the proposal subject to the applicant obtaining the required building permits and obtaining consent from the Region of Durham Health Department with regard to the septic system capacity. Public Works — Development Engineering 12.2 The Development Engineering Division of the Public Works Department has reviewed the above -noted application and have no objection to this proposal in principle. 12.3 The Development Engineering Division notes the existing entrance for the site does not meet stopping sight distance requirements as per the Transportation Association of Canada (TAC) manual. The documents submitted as part of the application did not use Page 42 Municipality of Clarington Report PDS-035-22 Page 16 the correct object heights for the analysis. As per the email dated May 19, 2016, from Jacqueline Mann at Clark Consulting Services, the applicant's Engineer confirmed that a new entrance located directly across from Cowanville Road would meet the stopping sight distance requirements if the driveway way entrance was 0.10 metres above the existing edge of asphalt. Further analysis will be required through the site plan approval process. Legislative Services - Municipal Law Enforcement 12.4 The Municipal Law Enforcement Division of Legislative Services has no objection to proposal in principle. Comments note that the applicant will need to obtain an On -Farm Special Events license. Emergency and Fire Services 12.5 The Emergency and Fire Services Department have no concerns with the proposal. 13. Discussion 13.1 The applicant is proposing to amend the Zoning By-law to add land use permissions for agri-tourism uses including a special events venue. Site -specific regulations to permit a special events venue are required per the LPAT Order. 13.2 The special events would include weddings, anniversary parties, birthday parties etc. and would take place in a cover -all (fabric covered structure) to be used as the event space. An outdoor designated event space is located adjacent to the coverall structure. This space would be used to host ceremonies. The special events would accommodate up to a maximum of 150 patrons and 15 staff in the designated event space. The parking area would accommodate 70 parking spaces. Special events would run from May to October of each year. 13.3 The Owner would be required to keep a calendar and a log of scheduled events for the purpose of monitoring compliance. This log would include start and end times, number of attendees, number of vehicles, and usage of sound amplification equipment. 13.4 Agri -tourism uses would include culinary -related uses such as cooking classes, picnics, tastings and pairings, and farm to table activities such as lessons in cutting and smoking. 13.5 An application for site plan approval has been submitted concurrently. Page 43 Municipality of Clarington Report PDS-035-22 Noise and Traffic Page 17 13.6 Through the site plan approval process the applicant will be required to submit a Noise Impact Study which must include mitigative measures for any noise including noise from the use of sound amplification equipment. This Report must be completed by a qualified Noise Consultant to the satisfaction of the Region of Durham and the Municipality of Clarington. Lighting 13.7 Existing lighting on Morgans Road is in keeping with the regulations for rural roads in Clarington. The Development Engineering Division of the Public Works Department have no concerns with lighting on Morgans Road. Enforcement for the Special Events Venue 13.8 Regulations related to the number of events, the event season and the location of special events will form a part of the site plan agreement. The special events venue is proposed to occur on a seasonal basis and be restricted to a designated area outside of the lands zoned Environmental Protection. Special events would accommodate up to 150 patrons and 15 staff in a designated outdoor ceremony area and in a coverall structure. Events would run from May to October, with two to three events per week not exceeding 30 events annually. 13.9 The site plan agreement will include a condition that upon request by the Municipality, the owner will provide a calendar of scheduled events for the purpose of monitoring compliance with the agreement and any applicable by-laws. Also included shall be a condition that the owner will maintain a log of events including any details specified by the Municipality. This would include start and end event times, number of attendees, number of vehicles, and usage of sound amplification equipment. 13.10 The proposal, more specifically related to the event venue, may have impacts on surrounding properties due to noise. With approximately two to three events a week and a maximum of 150 attendees and most likely the use of noise amplification systems, all efforts to mitigate, maintain, and periodically monitor noise is required. Agricultural Use as the Primary Use and Calculation for Area 13.11 Provincial and local policy support agri-tourism and on -farm diversified uses provided that the agricultural use remains the principal use of the property. The Ontario Ministry of Agriculture, Food and Rural Affairs' (OMAFRA) Guidelines on Permitted Uses in Ontario's Prime Agricultural Areas recommend that on -farm diversified uses be limited in area relative to the size of the farm property. Page 44 Municipality of Clarington Page 18 Report PDS-035-22 13.12 OMAFRA's guidelines recommend that the standard for the acceptable area occupied by an on -farm diversified use is up to 2% of the farm parcel to a maximum of 1 hectare. 13.13 Site Screening Questionnaire 13.14 An Environmental Site Screening Questionnaire was prepared by Golder Associates in 2015, in support of the application. The Region notes that this report is seven (7) years old. The Region's s Soil and Groundwater Assessment Protocol (SGAP) and Ontario Regulation 153/04, as amended, state that all environmental work must be based on current work not exceeding 18 months. As such, the Region requires that an updated report be submitted to the Region's satisfaction. This revised Report shall be submitted by a qualified person. 14. Financial Considerations 14.1 The rezoning in and of itself does not have any significant financial implications to the Municipality. The eventual use of the property to include On -Farm Special Events will generate minimal revenues in user fees. 14.2 In accordance with By-law 2021-049, On -Farm Special Events requires a license. The application fee for the license is $250. 14.3 The economic development opportunities which could be generated are addressed earlier in this report. 15. Concurrence The Deputy CAO/Treasurer has reviewed this report. 16. Conclusion 16.1 It is respectfully recommended that in consideration of all agency, staff and resident comments that the application for Zoning By-law amendment to permit agri-tourism uses including a special events venue at 3582 Morgans Road in Clarke be approved as contained in Attachment 1 of this report. Staff Contact: Toni Rubino, Senior Planner, 905.668.3379 ext. 2431 or trubino(a)_clarington.net. Attachments: Attachment 1 - Zoning By-law Amendment Attachment 2 — Local Planning Appeal Tribunal Order Page 45 Municipality of Clarington Report PDS-035-22 Page 19 Attachment 3 — On -Farm Special Events By-law 2021-049 Interested Parties: List of Interested Parties available from Department. Page 46 Attachment 1 to Report PDS-035-22 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 2022- 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 ZBA2022-0005; Now therefore the Council of the Municipality of Clarington enacts as follows: 1. Section 6.4.91, "Agricultural Exception" (A-91) Zone is hereby amended by adding the words "agri-tourism uses including special events" before the word "meat" and deleting "subject to the following regulations:" 2. Section 6.4.91 is amended by adding a new subsection a. as follows: a. Regulations for Agri -tourism Use i) Total lot coverage (maximum) ii) Total floor area (maximum) 2 percent 305 square metres 3. Section 6.4.91 is amended by adding a new subsection b. before Section i. and ii. as follows: b. Regulations for Meat Processing Use 4. Section 6.4.91 is amended by adding new subsections c. and d. as follows: C. Regulations for special events venue i) Number of special events guests (maximum) 150 guests ii) Number of Parking Spaces (maximum) 70 spaces iii) Seasonal period for special events May 1st to October 31st iv Frequency of special events (maximum) Three per weekend up to 30 annually d. Only the uses permitted in Section 6.1 a. and b. and 6.4.91 b. are permitted prior to the removal of the (H) Holding Symbol. Page 47 5. Schedule `3' to By-law 84-63, as amended, is hereby further amended as illustrated on the attached Schedule `A' 6. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 and Section 36 of the Planning Act. Passed in Open Council this day of 12022 Adrian Foster, Mayor June Gallagher, Municipal Clerk This is Schedule "A" to By-law 2022- , passed this day of , 2022 A.D. a 0 0 Zoning Change From 'A-91'To'(H) A-91' w - F s Clarke • ZBA 2022-0005 • Schedule 2B Page 49 Attachment 2 to Report PDS-035-22 Local Planning Appeal Tribunal Tribunal d'appel de I'amenagement local ISSUE DATE: July 25, 2018 � s Ontario CASE NO(S).: PL170178 The Ontario Municipal Board (the "OMB") is continued under the name Local Planning Appeal Tribunal (the "Tribunal"), and any reference to the Ontario Municipal Board or Board in any publication of the Tribunal is deemed to be a reference to the Tribunal. PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended Applicant and Appellant: Deborah and Oswin Mathias Subject: Request to amend the Official Plan - Refusal of Existing Designation: Proposed Designation: Purpose: Property Address/Description Municipality: Approval Authority File No.: OMB Case No.: OMB File No.: OMB Case Name: request by the Municipality of Clarington Rural Areas and Environmental Protection Site specific To permit an agri-tourism use 3582 Morgans Road Municipality of Clarington COPA 2015-0005 PL170178 PL170178 Mathias v. Clarington (Municipality) PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended Applicant and Appellant: Subject: Existing Zoning: Proposed Zoning: Purpose: Property Address/Description Municipality: Municipality File No.: OMB Case No.: OMB File No.: Deborah and Oswin Mathias Application to amend Zoning By-law No. 84-63 - Refusal of Application by the Municipality of Clarington Agricultural (A) and Environmental Protection (EP) Site specific To permit an agri-tourism use 3582 Morgans Road Municipality of Clarington 2017-009 PL170178 WNWISM'7 Page 50 PL170178 Heard: APPEARANCES: Parties Municipality of Clarington Deborah and Oswin Mathias April 23 -27, 2018 in Bowmanville, Ontario Counsel N. Macos S. Chin (student -at -law) D. Donnelly A. Whyte (student -at -law) S. Gray (student -at -law) DECISION DELIVERED BY THOMAS HODGINS AND ORDER OF THE TRIBUNAL INTRODUCTION Disposition [1 ] After considering the evidence and submissions, the Tribunal: A. dismisses the appeal of the refusal of the Official Plan Amendment ("OPA") as an OPA is no longer required; B. refuses the request for a zoning change to permit the seasonal special event venue accessory to a farm on the Site; and C. allows in part the appeal of Zoning By-law Number 2017-009 ("ZBL 2017- 009") by approving said By-law subject to a three-part modification. [2] Relevant matters from the hearing and the Tribunal's reasons are set out in this Decision and Order. Page 51 3 PL170178 Background [3] In 2015 Deborah and Oswin Mathias ("Applicants"), who own a small farm at 3582 Morgans Road ("Site") in Clarington, applied to Clarington for an OPA to the 1996 Clarington Official Plan (1996 COP") to permit agri-tourism uses including on -farm special events and for an amendment to Comprehensive Zoning By-law 84-63 to permit said agri-tourism/special events and the processing of meat raised on the Site (meat smoking, barbeque, sausage making) and the sale of meat products. [4] In January, 2017 Clarington Council: A. refused to adopt an OPA to allow a seasonal event venue as an accessory on -farm diversified use; B. refused to adopt an amendment to the Comprehensive Zoning By-law to permit a seasonal special event venue accessory to a farm; and C. adopted ZBL 2017-009 to permit meat processing accessory to a farm but not including an abattoir on the Site, to rezone a part of the Site associated with the Graham Creek valley to the EP (Environmental Protection) Zone and to apply a holding ("H") provision to the part of the Site that allows meat processing. A copy of ZBL 2017-009 appears as Attachment 1. [5] The Applicants appealed Council's refusal of the OPA and the adoption of ZBL 2017-009 to the Board. ZBL 2017-009 was appealed because it does not include permission for a seasonal special event venue accessory to a farm on the Site. [6] Clarington's Director of Planning Services, in a Staff Report dated January 9, 2017, recommended that the Planning and Development Committee approve the subject applications by adopting the OPA which appears as Attachment 2 and the ZBL which appears as Attachment 3. In the balance of this Decision, the OPA in Attachment Page 52 El PL170178 2 is referred to as the "SROPA" (the Staff Recommended Official Plan Amendment) and the ZBL in Attachment 3 is referred to as the "SRZBL" (the Staff Recommended Zoning By-law). Applicants' Request [7] David Donnelly, on behalf of the Applicants, requested that the Tribunal: A. grant the appeal and approve the SROPA; B. grant the appeal and approve the SRZBL save and except the inclusion of the H provision; the Applicants are agreeable to negotiating and executing a site plan agreement, which is delegated to staff, but want to avoid Council's involvement in the site plan process via having to lift the H; and C. hold its Decision until it is determined whether OPA 107 is in effect and, if it is, approve the SRZBL without the SROPA. [8] As well, the Tribunal understands from the hearing that the Applicants want ZBL 2017-009 approved by the Tribunal, with the exception of the H provision, in order to, amongst other matters, permit the meat processing use on the Site in the event the Tribunal does not allow the special event venue. Clarington's Request [9] Nicholas Macos, on behalf of Clarington, requested that the Tribunal: A. dismiss the appeals and support the decision of Council; or B. in the alternative refer the applications back to Council to "... confirm the restrictions on the proposed use to be set out in the zoning by-law Page 53 5 PL170178 including definition of and limits on area of use, frequency of use and limits on sound." Three Issues [10] Based on the foregoing, there are three issues for the Tribunal's determination in these appeals: 1. Is an OPA required to permit a seasonal event venue as an accessory on - farm diversified use on the Site and, if yes, is the SROPA appropriate? 2. Is the SRZBL appropriate and is it consistent with and/or in conformity with the applicable policy planning framework? 3. In the event the SRZBL is not acceptable, is ZBL 2017-009 appropriate and is it consistent with and/or in conformity with the applicable policy planning framework? EVIDENCE AND SUBMISSIONS General [11] In support of the Applicants' position, Mr. Donnelly called four witnesses: A. Deborah Mathias, an owner and operator of the farm on the Site; B. David Crome, Clarington's Director of Planning Services, who appeared under summons and who was qualified to provide independent expert opinion evidence in land use planning; C. Robert Clark, a consultant who was qualified to provide independent expert opinion evidence in agrology and land use planning; and Page 54 n PL170178 D. John E. Coulter, a consultant who was qualified to provide independent expert opinion evidence in acoustical engineering and vibration. [12] In support of Clarington's position, Mr. Macos called two witnesses: A. Michael Hoffman, a consultant who was qualified to provide independent expert opinion evidence in agronomy, planning policy and agrology related policy: and B Mark Dorfman, a consultant who was qualified to provide independent expert opinion evidence in land use planning. [13] The Tribunal also heard from six Participants. The Site [14] The Site fronts onto Morgans Road (a paved two-lane road with a rural cross section and ditches) in the south-eastern portion of Clarington, north of Highway 401. The Site is about 16.2 hectares ("ha") in total size. Approximately 10 ha of the Site are tillable and about 6 ha are unusable for farming as a result of being forested and/or associated with Graham Creek which runs diagonally across the north-east part of the Site. The Site includes the Applicants' home, a bank barn, a large open-ended Quonset Hut, a pole barn, a garage, pastures, ponds and other typical farm features as can be seen on the conceptual site plan provided as Attachment 4. The Site is privately serviced with septic and water well systems. The Applicants raise livestock on the Site and have 10 beef cows and about 40 ewes. Ms. Mathias describes the farm as small in scale and said that they raise and sell beef and Iamb and, on occasion, goats, hogs, eggs and chickens. Meat is butchered, inspected and stamped off site at a licenced facility. Page 55 9 PL170178 The Context [15] To the south of the Site is an existing agricultural field and rural residential dwellings. To the north is Graham Creek and an extensive wooded area and beyond that a rural residential dwelling. An existing agricultural field abuts to the west. To the east, across Morgans Road, are Graham Creek and a wooded area, an existing rural residential dwelling and an existing auto wrecking facility located about 250 metres ("m") from the Site on Cowanville Road. The Proposal [16] As noted, the Applicants want the Tribunal to approve two specific uses on the Site: A. meat processing accessory to a farm but not including an abattoir; this use is described by Ms. Mathias as a smokehouse and kitchen facility for the art of charcuterie to further add value to meat sales as an on -farm diversified use; the Staff Report references meat smoking, barbeque and sausage making and says that 61 square metres ("sq m") of the 241 sq m bank barn will be dedicated to meat preparation and sales; sales will focus on the primary cuts of beef; and B. a seasonal special event venue accessory to a farm with associated regulations as set out in the SRZBL. [17] The special event venue is to have the following key characteristics based on the collective evidence and submissions of Ms. Mathias and Messrs. Crome and Clark: A. General Concept: will be centred on the farm's produce, animal raising practices and the uniqueness of the farm experience; will offer a BBQ centred event hosting experience; pasture and wildflower raised meat from the Site, primarily the secondary cuts of beef, will be served at the Page 56 PL170178 special events; other products which are required to "round -out" a special event, such as vegetables, will be locally sourced; B. Types of Events: will range from corporate and family gatherings to presentations and displays of local interest; other possibilities include local food fairs, family gatherings, local business fairs, community forums and gatherings and special celebrations for sporting teams; weddings are only one of the potential events that could take place; the event can include catered meals, workshops, socializing and music for listening and dancing; C. Number of Events: 32 events per year were referenced in much of the evidence; however, no cap on the maximum number of events to be held per year was identified or committed to; D. Seasonality: a period from mid -May to November was referenced in the evidence; however, no definition of the term "seasonal" was identified or committed to; E. Site Design and Facilities: will be laid out generally according to the conceptual site plan in Attachment 4; events will take place in the existing buildings, primarily the Quonset Hut, and in natural outdoor settings; the Quonset Hut is 205 sq m in size; a new driveway is to be built opposite the intersection with Cowanville Road; F. Water Supply: will be from a private well system; a Hydrogeological Assessment Report indicates that sufficient groundwater is available from the existing well to accommodate the proposed uses; G. Kitchen Facilities: will initially utilize mobile culinary facilities for food preparation and cooking; Mr. Clark indicates that the portable unit can be converted to a permanent accessory structure with a septic system when Page 57 er PL170178 warranted; the Hydrogeological Assessment Report indicates that the Site is suitable for the construction of a septic system with a raised bed; H. Washroom Facilities: will initially utilize mobile portable washroom facilities; Mr. Clark indicates that the portable washroom facilities can be converted to a permanent accessory structure with a septic system when warranted; Occupancy/Capacity: there were several references made to the occupancy/capacity of the proposed special event venue: 1) Ms. Mathias said that the average size of a wedding is 129 guests and that this is "all she can handle"; 2) Mr. Clark said the expected occupancy is 195 persons based on the parking to be provided but notes in his Reply Witness Statement that there is space available for overflow parking and in the Agreed Statement of Facts ("ASOF") that lessees of the event facility could arrange transportation to deal with any insufficient parking issues (this suggests to the Tribunal the possible use of multi -person vehicles such as vans, limousines and buses and the possibility of additional occupancy/capacity); 3) Mr. Clark said the Site will have a capacity of 233 persons per event when the intended permanent septic system is installed; and 4) Mr. Crome in the Staff Report advises there will be up to 233 patrons. J) Parking: 65 grass covered spaces adjacent to the new driveway; Messrs. Clark, Dorfman and Hoffman agree in the ASOF that there is insufficient parking for 233 guests plus staff; Mr. Clark indicates that this limitation Page 58 10 PL170178 would become part of the lease agreement and that the lessee would have to arrange transportation to deal with this limitation (this again suggests to the Tribunal the possible use of multi -person vehicles such as vans , limousines and buses to transport guests to the Site). The ZBLs The SRZBL [18] Messrs. Crome and Clark recommend the SRZBL (see Attachment 3) to the Tribunal for approval. An examination of the SRZBL shows that it proposes to amend Clarington's Comprehensive Zoning By-law to: A. change the zoning of a portion of the Site from A to (H)A-91; B. change the zoning of a portion of the site from A to EP; C. permit meat processing accessory to a farm but not including an abattoir on the Site as an exception in the A-91 Zone; D. permit a seasonal special event venue accessory to a farm on the Site as an exception in the A-91 Zone; E. apply three regulations to the seasonal special event venue - a cap on the maximum total area of the lot to be used for this use (2.5%), a cap on the maximum total floor area (340 sq m) to be used for this use and a cap on the maximum number of parking spaces (65); and F. place a Holding ("H") symbol on the lands zoned A-91 and on which the meat processing and special event venue are to be allowed. [19] The Tribunal was not advised why the SRZBL permits "a seasonal special event Page 59 11 PL170178 venue accessory to a farm" and not the `Agri -tourism use' that is defined in the Comprehensive Zoning By-law and which was used in the re -zoning that allowed another event use in Clarington known as Events by Grace. [20] The SRZBL does not indicate the conditions or prerequisites to be fulfilled prior to the lifting of the Holding (H) symbol but Recommendation 4 in the Staff Report states: "That a Zoning By-law Amendment to remove the `Holding (H)' be forwarded to Council at such time as the applicants have entered into a development agreement for the agri- tourism use on the subject lands." The Staff Report also indicates that "The applicant will require site plan approval through which Staff will review the proposed development and contain (sic) provisions that noise is limited as much as possible and, if necessary, monitored at the applicant's expense, parking areas are well -screened, any entrance lighting is directed away from neighbouring properties, the floor area used for the events is limited and the uses are secondary and accessory to the primary agricultural use of the property." [21 ] There was no evidence that the SRZBL needed to be altered in the event the SROPA was not required. [22] Messrs. Hoffman and Dorfman do not support the SRZBL because it includes permission for the special event venue. They feel that the special event venue, as set out in the SRZBL, is inappropriate in this location for a number of reasons, including its potential scale. ZBL 2017-009 [23] ZBL 2017-009 (see Attachment 1) does all of the things the SRZBL does, save and except permit a seasonal special event venue accessory to a farm on the Site. [24] The Tribunal was not provided with any evidence on the conditions or prerequisites to be satisfied prior to the lifting of the H in ZBL 2017-009. Page 60 12 PL170178 [25] No Witness or Participant had any objection to the matters dealt with in ZBL 18411IValle] 0 Provincial and Regional Policy Framework General [26] Any decision by the Tribunal to approve the SRZBL or ZBL 2017-009 must, in accordance with the Act, have regard to matters of Provincial interest as set out in s. 2 of the Act, be consistent with the Provincial Policy Statement ("PPS") and conform to, or not conflict with, any applicable Provincial Plan. Any ZBL approved by the Tribunal in this case is also to conform to the Durham Region Official Plan ("DROP"). Matters of Provincial Interest [27] The Tribunal considers the following matters of Provincial interest to be of particular note in this proceeding: the protection of ecological systems, including natural areas, features and functions; the protection of agricultural resources of the Province; the orderly development of safe and healthy communities; and the appropriate location of growth and development. Messrs. Crome, Clark and Hoffman did not provide evidence in respect to Provincial interests. Mr. Dorfman said that the special event venue is not in the Provincial interest. PPS [28] In their Joint Document Book, the Parties submitted excerpts from the applicable PPS plus excerpts from two related documents: An Introduction to the Provincial Policy Statement, 2014: Rural Ontario (August, 2016) and Guidelines on Permitted Uses in Ontario's Prime Agricultural Areas (2016). The Introduction document was not published at the time the Applicants applied to Clarington and it is not relied upon in this Decision. The Guideline is required to be considered by the Tribunal as a result of a policy in the Greenbelt Plan, 2017 and is discussed later in the Greenbelt section of this Decision. Page 61 13 PL170178 [29] Messrs. Crome, Clark and Dorfman agree that the Site is within a Rural Area and is considered Rural Land for the purposes of the PPS. Although there was some evidence from Mr. Hoffman that the Site includes prime agricultural land there was no compelling evidence to suggest that the Site should not be treated as Rural Land in a Rural Area for the purposes of the PPS. [30] The PPS defines "agricultural uses", "agri-tourism uses" and "on farm diversified uses" and these definitions are reproduced in Attachment 5. [31] Messrs. Crome and Clark believe that the special event venue, as set out in the SRZBL, is an on -farm diversified use/agri-tourism and is permitted on the Site consistent with by the PPS. Messrs. Hoffman and Dorfman do not agree. They do not believe that the special event venue, as set out in the SRZBL, is an on -farm diversified use/agri-tourism. Mr. Hoffman objects to the special event use on prime agricultural land. Mr. Dorfman feels that the PPS directs such a use to a settlement area not a rural area. Even if the special event use is deemed to be an on -farm diversified use/agri- tourism, Mr. Dorfman still believes it is not permitted on the Site consistent with the PPS largely because of its potential scale. [32] The Tribunal finds that a seasonal special event venue, at face value, can be considered an on -farm diversified use/agri-tourism consistent with the PPS. The Tribunal also finds that meat processing accessory to a farm produces value-added agricultural products and, at face value, can also be considered an on -farm diversified use consistent with the PPS. [33] Based on the above -noted findings, the policies in the PPS of most interest to the Tribunal are those that deal with on -farm diversified uses and agri-tourism uses in Rural Areas and on Rural Lands. In this regard, Policies 1.1.4.1, 1.1.5.4, 1.1.5.7., 1.1.5.8 and 1.7.1 are identified and appear in Attachment 5. [34] It is important to note, as well, that the PPS requires the protection of natural features and areas and cultural heritage resources, like archeological features. Page 62 14 PL170178 Growth Plan, 2017 [35] Messrs. Clark, Hoffman and Dorfman agree that the Growth Plan for the Greater Golden Horseshoe, 2017 ("Growth Plan") is an applicable Provincial Plan to this proceeding. Messrs. Crome and Hoffman provided limited, if any, evidence on the Growth Plan. [36] Messrs. Clark and Dorfman also agree that the Growth Plan considers the Site as rural land in a rural area outside of a settlement area and that Policy 2.2.9.3 of the Growth Plan, which is reproduced in Appendix 5, is applicable. Mr. Dorfman also notes a Greenbelt Area notation in the Growth Plan. Both planners also referenced the Agricultural System policies of the Growth Plan. Mr. Clark believes that the special event venue set out in the SRZBL meets all of the criteria in Policy 2.2.9.3, is compatible with the area and complies with the Growth Plan. Mr. Dorfman is of the opinion that the event venue is a commercial/non-agricultural use not permitted on the Site by the Growth Plan. He feels that the Growth Plan calls for this type of use, at its potential scale, to be located in a settlement area. Even if the special event use is considered to be an on -farm diversified use/agri-tourism, Mr. Dorfman believes it is not permitted because of its potential scale and because it will not be compatible with the area and will negatively affect agricultural uses. [37] The Growth Plan also requires the protection of natural features and areas and cultural heritage resources, like archeological features. There was no evidence to suggest that the meat processing use did not comply with the Growth Plan. Greenbelt Plan, 2017 and Guidelines on Permitted Uses in Ontario's Prime Agricultural Areas, 2016 [38] Messrs. Crome, Clark, Hoffman and Dorfman agree that the Greenbelt Plan 2017 ("GBF) is an applicable Provincial Plan for this proceeding. [39] The GBP requires the protection of natural heritage features, areas and functions and cultural heritage resources, like archeological features. Page 63 15 PL170178 [40] Messrs. Crome and Clark advise that the Site is Rural Land within the Agricultural System of the Protected Countryside in the GBP. Mr. Dorfman submitted that the Site is within the Natural Heritage System of the Protected Countryside. Mr. Hoffman did not provide any substantial evidence on the GBP. [41 ] The Tribunal considers the Site as Rural Land within the Agricultural System of the Protected Countryside pursuant to the GBP and finds that a seasonal special event use on a farm can, at face value, be an on -farm diversified use/agri-tourism according to the GBP. Messrs. Clark, Hoffman and Dorfman agree in the ASOF that there are no agri-tourism policies in the GBP. The Tribunal takes issue with this statement as agri- tourism is included in the definition of an on -farm diversified use in the GBP and, accordingly, the policies for on -farm diversified uses apply to agri-tourism. [42] On -farm diversified uses are defined in the GBP in accordance with the PPS and are supported and permitted on Rural Land. Policy 3.1.4.2.of the GBP states, in part, that "Normal farm practices and a full range of agricultural uses, agriculture -related uses and on -farm diversified uses are supported and permitted. Proposed agriculture — related uses and on -farm diversified uses should be compatible with and should not hinder surrounding agricultural operations. Criteria for all these uses shall be based on provincial Guidelines on Permitted Uses in Ontario's Prime Agricultural Areas." The latter document is referred to as the "Guidelines". [43] The Guidelines focus on land uses permitted in prime agricultural areas but also have relevance on rural lands and state that permitted uses on rural lands are more permissive than in prime agricultural areas. For the purposes of the Guidelines, the Tribunal considers the Site as rural land. [44] The Guidelines advise that five criteria must be met in order for a use to qualify as an on -farm diversified use on prime agricultural land and the sections from the Guidelines on these criteria are reproduced in Attachment 5. [45] Messrs. Crome and Clark are of the opinion that the seasonal special event Page 64 16 PL170178 venue, as set out in the SRZBL and to be governed by a development agreement, complies with the GBP and satisfies all of the criteria in the Guidelines. Messrs. Hoffman and Dorfman do not agree. Mr. Dorfman advises that the proposed special event venue is a non-agricultural use that should not be located in the Protected Countryside pursuant to the GBP. In the event the special event use is considered an on -farm diversified use/agri-tourism, Mr. Dorfman still believes the use is not permitted by the GBP. Mr. Hoffman believes that the proposed special event venue does not meet the criteria in the Guidelines largely because of its scale and as such fails to comply with the GBP and the Guidelines. [46] There was no evidence which indicated that the proposed meat processing use did not satisfy the above noted criteria in the Guidelines and did not comply with the GBP. Durham Region Official Plan [47] The Durham Region Official Plan ("DROP") designates the Site as Major Open Space Areas of the Greenlands System. The predominant use of Major Open Space Areas is for conservation and a full range of agricultural, agriculture -related and secondary uses. [48] In the Staff Report, the following is included as the Region of Durham's ("Region") comments on the subject applications: The Durham Region Planning Department has indicated that special events and farm tours appear to meet the definition of a secondary agricultural use as an agri-tourism use provided they operate on a part time basis, are seasonally based, are based on the existing farm operation; use only meat produced on the farm and other food sourced from local area farms. Subject to the limitations in scale presented in the application, the application appears to conform to the Regional Official Plan. Any increase in the existing nature and scale of the uses proposed would be contrary to the Regional Official Plan. [49] Both Messrs. Crome and Clark advise that the seasonal special event use, as set out in the SRZBL, is a secondary agricultural use that complies with the DROP. Mr. Page 65 17 PL170178 Clark also said that it conforms to the DROP as a non-agricultural use. [50] Mr. Hoffman did not address the DROP in any detail. [51] Mr. Dorfman feels that the proposed special event venue, by nature and scale, is a non-agricultural use that is not permitted in a Major Open Space Area as it does not meet the criteria for such uses in the DROP and, as such, the SRZBL does not comply with the DROP. Participants [52] Four Participants (Mary -Anne Muizelaar, Beth Meszaros, Annette Weykamp and Rhomey Manns) spoke in opposition to the event venue being permitted on the Site. Collectively, their key concerns are: the undefined, unlimited and unregulated nature of the event use; the wedding venue will not be secondary to the farm but, rather, will be the dominant use on the Site; traffic and road safety issues; trespass from event patrons onto other properties in the area; noise impacts from the events on surrounding properties; potential negative impacts to wells in the area; general incompatibility with the rural area; and the lack of a monitoring or enforcement framework to ensure that events comply with the required regulations and by-laws. Inconsistency with the PPS was another stated objection. No Participant stated any concern with occasional events on the Site or with the proposed meat processing use. [53] Two Participants appeared in support of the Applicants and their request for additional uses on the Site. Mark Torrey spoke on behalf of the Ontario Federation of Agriculture ("OFA"). The OFA believes that value-added on -farm diversified uses should be encouraged through policies that enable innovation and additional revenue streams for farm businesses that enhance the viability of farmers. The OFA feels that the venue proposed by the Applicants aligns with the PPS, GBP and OFA's Land Use Policy. Steve Lawrence appeared on behalf of the Durham Farm Fresh Marketing Association ("DFF") a not -for -profit membership based organization that helps "...local producers, and others committed to local food, market their local products to our local community." Page 66 In PL170178 DFF supports the Applicants' proposal and does not feel that the new on -site activities will conflict with agricultural production. DFF also believes that the Applicants' proposal will heighten the profile of local farm products and experiences and increase opportunities for more farms in the Region. ANALYSIS AND FINDINGS Technical Issues [54] The evidence indicates that there are no significant technical issues associated with the applications. The Staff Report indicates that Clarington's Engineering Department is satisfied with the new driveway proposal, the ability of Morgans Road to accommodate the expected volume of traffic to be generated from the proposed uses and did not require a traffic study as part of this application. Clarington's Building Division and Emergency and Fire Services Department can deal with their requirements during any site plan approval or building permit processes. The Municipality's Operations Department, the Durham Region Health Department and the Ganaraska Region Conservation Authority have no objections. A Stage 1 Archeological Assessment was submitted which indicates that the Site has a high archeological potential. There was no evidence to suggest that archeological resources, which are to be protected pursuant to Provincial and Regional policy, could not be addressed as part of any site plan approval or building permit process that involves the disturbance of the ground. The Hydrogeological Assessment Report concludes that water and sewage facilities can be accommodated. Mr. Macos did not produce any technical evidence to rebut the foregoing and the Participants did not persuade the Tribunal that there were technical concerns. [55] Based on Mr. Coulter's evidence, the Tribunal is satisfied that a seasonal special event venue on the Site can employ certain reasonable noise mitigation measures that will allow it to operate within the applicable noise standard. He advised that the mitigation measures can be addressed as part of any site plan control process and Mr. Donnelly advises, in his Written Closing Submission, that the Applicants have accepted Page 67 19 PL170178 the mitigation measures proposed by Mr. Coulter. Mr. Coulter also advised that event traffic would not engender sufficient noise to be a concern under the applicable standard. Mr. Coulter told the Tribunal that his findings apply to special events occurring on the Site at any frequency. Mr. Macos did not call an acoustical/sound expert and neither Clarington nor the Participants raised any doubt in the Tribunal's mind that Mr. Coulter's evidence and opinions should not be accepted and relied upon. Issue 1: Is an OPA Required? [56] The Tribunal finds that an OPA is no longer required to permit the use specified in the SROPA - a seasonal event venue as an accessory on -farm diversified use. The Tribunal's rationale for this finding is set out below. [57] On September 3, 2015, when the Applicants submitted their OPA application, the 1996 COP was in effect and it did not permit a seasonal event venue on the Site. [58] On November 1, 2016 Clarington Council adopted OPA 107 which, amongst other matters: A. brings the 1996 COP into conformity with the DROP and various Provincial policies; B. re -designates the Site Rural Area and Environmental Protection; C. permits on -farm diversified uses, including agri-tourism uses, in Rural Areas subject to a zoning by-law amendment and certain conditions; and D. defines an on -farm diversified use and agri-tourism (these definitions are included in Attachment 5). [59] On June 7, 2017 the Region approved much of OPA 107 and its decision was appealed, on a site specific basis by a number of parties, to the Board. The Applicants '� 20 PL170178 are not one of the appellants and the Site is not subject to any of the site specific appeals. [60] On March 19, 2018 this Member, by Oral Decision, approved OPA 107 save and except those parts subject to the site specific appeals. This was followed by a written Memorandum of Oral Decision and Order, issued on May 9, 2018, which put OPA 107 into force effective July 10, 2017. The Tribunal's Decision was made with the support of Clarington, the Region and the site specific appellants to OPA 107. [61 ] At the time of this hearing, then, OPA 107 was in force. [62] Mr. Crome is of the opinion that a special event venue can be considered as agri- tourism and that OPA 107 permits agri-tourism on the Site as an on -farm diversified use subject to a zoning by-law amendment and compliance with certain other provisions. In addition, Mr. Clark testified that the event venue is agri-tourism. The Clarington Agricultural Advisory Committee also considers special events agri-tourism provided they are scoped and compatible. [63] The Tribunal finds that the seasonal event venue identified in the SROPA can be considered an on -farm diversified use/agri-tourism permitted by OPA 107 and that the SROPA is no longer required. This finding is supported collectively by the above -noted opinions of Messrs. Crome and Clark and the Clarington Agricultural Advisory Committee, a review of applicable Provincial policy and an examination of the definitions in the COP as amended by OPA 107 in conjunction with Clarington's definition of Agri -tourism in its Comprehensive Zoning By-law which is: Agri -tourism: shall mean an activity or use that is accessory to a farm operation, and which promotes and educates the public about farming and agricultural activities. Such activities shall have a direct relationship to the agricultural activities on the farm, and may include farm/educational tours, observation and participation in agricultural activities. It may also include seasonal events and social events (charity events and wedding receptions) that benefit from the farm/rural setting. (Emphasis added). Page 69 21 PL170178 [64] On the issue of whether the event use is an on -farm diversified use/agri-tourism permitted by OPA 107, the Tribunal prefers the evidence of Messrs. Crome and Clark to that of Messrs. Hoffman and Dorfman. The Tribunal notes that the latter opinions are largely based on the possible scale of the proposed event venue — an issue the Tribunal has considerable sympathy for and which, in the Tribunal's opinion, is best dealt with as part of the request for the approval of the SRZBL. At face value, however, the use specified in the SROPA can be considered to be permitted by OPA 107. [65] The Tribunal further finds that the Applicants are not prejudiced in any way by the finding that the SROPA is not required. The SROPA does not contain any special site specific provisions or concessions which need to be preserved in the interest of the Applicants' case for the approval of the SRZBL. The SROPA is quite straightforward and simply adds to the Site an additional permitted use (a seasonal event venue as an accessory on -farm diversified use) subject to site plan control and a size restriction (2.5% of the subject lands). The Tribunal was not advised that the site plan control or size restriction provisions in the SROPA need to be preserved for the Applicants in the event the Tribunal determined that an OPA for the event venue is no longer required. Further, the Tribunal's Decision does not rely on the "new" performance policies for on - farm diversified/agri-tourism uses in OPA 107. Issue 2: Is the SRZBL Appropriate and Consistent/Compliant? [66] The Tribunal finds that not all parts of the SRZBL are appropriate and consistent/compliant with Provincial and Regional policy and, accordingly, will not approve the SRZBL. [67] The Tribunal finds that those parts of the SRZBL which are intended to permit meat processing accessory to a farm and to rezone certain lands to the EP Zone are supportable and will allow these by modifying and approving ZBL 2017-009 as set out later in this Decision. [68] The Tribunal further finds that a seasonal special event venue, including one Page 70 22 PL170178 which accommodates weddings, can be permitted on the Site as an on -farm diversified use/agri-tourism in accordance with the applicable Provincial policy framework provided it is appropriately defined and scoped. However, the Tribunal is not satisfied with the definition and scoping of the event venue as set out in the SRZBL. It is not sufficient to advance the event venue in a manner that is consistent with or in conformity with Provincial policy. Also, the Tribunal is not satisfied that the SRZBL addresses the issues identified by the Region in respect to compliance with the DROP. [69] The SRZBL allows an undefined number of seasonal special events with an unrestricted number of guests on the Site seven days a week, 365 days a year provided the events are "accessory" to the farm, do not occur on more than 2.5% of the Site, do not utilize a building of more than 340 sq m in floor area and are not served by more than 65 parking spaces. [70] The word "seasonal" in the SRZBL is not defined and can be interpreted any number of ways. For instance, it could mean year round events tailored to the applicable season in which the event is taking place (e.g. Thanksgiving, Christmas, etc.) or it could mean spring through fall, etc. [71 ] The word "special" is not defined in the SRZBL but suggests something out of the ordinary and occasional and is inconsistent with the balance of the SRZBL which permits a wide variety of events on a recurring basis at any time. There is nothing in the SRZBL which addresses or scopes the frequency or timing of events. The types of possible events are varied and are not necessarily tied to a weekend, a particular time of day or season and allow the Site to be marketed for availability throughout the week and throughout the year to different types of events and client groups without limits on frequency or timing. [72] The term "accessory" in the SRZBL is defined in the Comprehensive Zoning By- law as "... a use established during or after the establishment of the main use which is customarily incidental and subordinate to, and exclusively devoted to, the main use of the lot, and located on the same lot as such main use". This term cannot, without Page 71 23 PL170178 extreme difficulty, be used to appropriately scope and regulate the event venue and to undertake, as necessary, enforcement. The Tribunal prefers the concept of "secondary" as referenced in Provincial and Regional policy and notes the ability, perhaps the obligation, of a municipality to define "secondary" in a meaningful way for uses such as an on -farm diversified use/agri-tourism and to not simply invoke the use of the generic "accessory "definition for these types of uses that are clearly meant to be relatively limited in an understandable and enforceable way. Mr. Crome said the word "accessory" ensures that if the farm use ceases so would the special event venue. The Tribunal prefers a more appropriately defined relationship on the issue of secondary than one which simply says "if the farm exists, the special event venue can exist." [73] The lot area and floor area regulations in the SRZBL are ineffective in controlling the number of guests given the availability of an extensive outdoor area and its ability to accommodate large numbers of people. [74] The parking restriction in the SRZBL is effective in controlling the number of parking spaces established on the Site but is ineffective in controlling the size of an event given the possible use of multi -person vehicles such as buses, limousines and vans to deliver guests to the Site. [75] It was stated that the occupancy/capacity of the event venue would be restricted to 233 persons by virtue of the size of the future planned septic system. There is no regulation, however, in the SRZBL which caps the capacity and the septic system could be increased in capacity or augmented by mobile washrooms. Initially, mobile washroom facilities could be brought to the site of sufficient capacity to accommodate an unrestricted number of guests in the absence of a permanent septic system. [76] It was also suggested that the limited amount of livestock raised on the Site would control the frequency and size of events. There is nothing in the SRZBL which addresses this link and there was no evidence or commitment suggesting that this link would be included as part of any regulatory framework. Mr. Donnelly, in cross examination of Mr. Hoffman, even raised the ability of the Applicants to introduce Page 72 24 PL170178 chickens as a farm raised food source for the events. [77] Put concisely, the type of loosely regulated event venue set out in the SRZBL does not align with the Provincial and Regional policy planning framework for rural -type areas. The SRZBL does not make sufficient effort to advance an event venue that is required to be secondary to the farm and fit within the rural area. Allowing an unrestricted number of events at a significant scale does not adequately protect the agricultural use on the Site or agricultural uses in the area and is not sufficiently respectful of Provincial and Regional policy which requires that on -farm diversified uses/agri-tourism be secondary to the principal use of the Site for agriculture. A large number of events will, in the Tribunal's opinion, allow and encourage this small farm to restrict its agricultural operations during both the potentially significant event times (for instance, to limit the operation of farm machinery to avoid noise, the raising of dust and safety/liability issues, etc.) and significant non-event times (for instance, to avoid having manure dropped on a large part of the Site in advance of the showing of the venue to potential lessees, in advance of events and during the set-up of events which Mr. Clarke said will occur on the morning of event days). The SRZBL allows an event venue that can become the dominant use of the Site, overwhelm and disrupt the operation of the farm, change the nature of this rural area/community and create land use conflict. The SRZBL would also set an unwarranted precedent — imagine every farm in the rural area of Clarington being allowed such a large and loosely regulated event venue. In this regard, the SRZBL is not in the public interest. [78] With respect to its examination of the loosely regulated nature of the special event venue in the SRZBL, the Tribunal was struck by the following from Mary -Ann Muizelaar's Participant Statement: It is the permanent limitless of this application that will forever expropriate my rural lifestyle. I have no marker to measure unlimited, I cannot prepare for unlimited and I cannot visualize the impact of unlimited on our community... This application is unlimited in time allowance, unlimited in event allowance, and unlimited in patron allowance... Applications approved without specific limits set by measurable numbers and times disregards the disruption to the long established rural life style and that of the local residents. Page 73 25 PL170178 [79] Given the number, nature and size of events permitted, the SRZBL does not have sufficient regard to matters of Provincial interest as set out in s. 2 of the Act. Although the Provincial interest is expressed in broad terms, the Tribunal finds that the SRZBL does not have sufficient regard to the orderly development of safe and healthy communities and the appropriate location of growth and development. A large event venue capable of being used frequently and year round is not appropriate on the Site. The proposed event venue must be better defined and scoped in order to have appropriate regard to matters of Provincial interest. [80] The SRZBL is not consistent with the PPS which requires that on -farm diversified uses/agri-tourism be secondary to the principal agricultural use of the property and be compatible with the rural landscape. The SRZBL permits an uncontrolled number of special events with an unlimited capacity year round on the Site and this is not consistent with the intent of the PPS that such uses be secondary to the principal agricultural use and fit harmoniously within the host rural area. [81] The SRZBL does not conform to the Growth Plan as it allows an event venue as an on -farm diversified use/agri-tourism that is not adequately defined and scoped to ensure that it is, and will remain, secondary to the principal agricultural use of the Site, will not adversely affect the protection of agricultural uses and is compatible with the rural landscape and surrounding local land uses. [82] The SRZBL does not conform to the GBP and the Guidelines it invokes. The SRZBL does not define and scope the event venue sufficiently to ensure that it will be and remain secondary to the principal agricultural use on the property, be compatible with the area and not hinder surrounding agricultural operations. Effective and clear temporal considerations, consistent with the Guidelines, are not included in the SRZBL and the Guidelines suggest that events are to be intermittent and permitted on an interim basis and not on a large scale, repeated or permanent basis. [83] The Tribunal was advised that the Region has no objection to the proposed special event use. Based on the comment from the Region in the Staff Report, as Page 74 26 PL170178 presented earlier, this appears to be an over simplification of the Region's position. In this regard, the Tribunal was not provided with a copy of the application, as referenced in the Region's comments, and accordingly cannot assess the "limitations in scale presented in the application" with the limitations included the SRZBL. Comments such as those reported from the Region are typically provided to a lower tier municipality in response to the circulation of an application by the lower tier municipality and prior to the drafting of a staff report with a recommendation on the application or the drafting of an implementing zoning by-law. The Tribunal was provided with no evidence from the Region, in writing or otherwise, which confirmed that it had ultimately reviewed the SRZBL and considered it to conform. A comparison of the SRZBL to the Region's comments suggests to the Tribunal a significant conformity issue. In the absence of compelling evidence to the contrary, the Tribunal is not satisfied that the SRZBL conforms to the DROP. [84] The Tribunal considers post ZBL controls to be an important consideration and can be used to ensure compliance with certain critical policy documents and to advance good planning. The Tribunal does not believe, in this case, that the shortcomings in the SRZBL related to the definition and scoping of the event venue are intended to be addressed, or can be addressed, in a site plan agreement or development agreement based on the examples submitted to the Tribunal in this proceeding and the evidence presented. Issue 3: Is ZBL 2017-009 appropriate and consistent/compliant? [85] Based on the evidence and submissions, the Tribunal finds that ZBL 2017-009 is appropriate and will approve it subject to a three-part modification as set out in the Order. The approval of ZBL 2017-009 will permit the meat processing use and rezone a portion of the Site to the EP Zone. [86] The Tribunal did not receive any oral evidence on the floor space to be devoted to the meat processing use. However, the Staff Report indicates in Paragraph 11.9 that it is 61 sq m. The Tribunal feels that the addition of a floor space cap for the meat Page 75 27 PL170178 processing use and a requirement that the meat processed be raised on the farm is good form and appropriately acknowledges in a proactive, positive manner the intent of the Provincial and Regional policy planning framework to scope these types of uses and is consistent with the evidence of intent as presented to the Tribunal at this hearing. [87] The pre -requisite for lifting the H is not set out in ZBL 2017-009 and the Tribunal did not receive any evidence on the applicable pre-requisite(s). The Tribunal will remove the H from ZBL 2017-009 for this reason. Further, the small meat processing use in an existing building can be accommodated without the need for site plan control. [88] ZBL 2017-009 provides additional protection for the Graham Creek valley and adjacent lands by rezoning portions of the Site from the Agriculture (A) Zone to the Environmental Protection (EP) Zone. This aligns with the relevant policy planning framework. [89] Clarington Council approved ZBL 2017-009 and no Witness or Participant had any objection to the addition of meat processing accessory to a farm as a permitted use on the Site or to the rezoning of additional lands into the EP Zone. Other Considerations [90] The Tribunal is satisfied that its Decision has appropriate regard for Provincial interests, is consistent with the PPS and conforms to the applicable Provincial Plans. [91] In making its Decision, the Tribunal had regard to the relevant Council decision(s) and the material and information Council considered in making its decision(s) as provided. [92] Rural areas are a critical part of the agricultural system and way of life in Ontario. Although they are not prime agricultural areas, they are important and subject to relevant and thoughtful Provincial policy and protection. On -farm diversified uses/agri- tourism in rural areas are appropriate but, as noted at the hearing, do not get a "free Page 76 PL170178 pass" simply because they are on a farm and will help a farmer(s). They must align with Provincial policy and, in this case, the SRZBL proposing to allow the on -farm diversified use/agri-tourism does not do that. [93] The Tribunal considered affording the Applicants an opportunity to provide additional evidence and/or submissions on how the SRZBL could be modified with additional regulations to address the Tribunal's concerns and/or to propose restrictions to be included in a site plan agreement or other agreement, along with a reply opportunity by Clarington. The Tribunal ultimately concluded that the public interest was best served by requiring that any proposed new regulations or related matters be considered as part of a public process involving Clarington Council and the public. [94] The Tribunal also notes that it could have approached this matter in two ways both of which would have resulted in the refusal of the event venue in the SRZBL. It could have deemed the event use in the SRZBL a non-agricultural use because of its potential size and scope — too big to be an on -farm diversified use/agri-tourism - or it could, as it did, accept that a seasonal special event venue can be an on -farm diversified use/agri-tourism and then deal with the size and scope issue. Messrs. Hoffman and Dorfman may have preferred the former approach but the Tribunal chose the latter because it better recognizes the Provincial and Regional policy direction that a seasonal special event venue can be permitted on the Site to assist with the viability of the farm subject to proper definition and scoping. Despite the alternative approach taken by the Tribunal, the evidence of Messrs. Hoffman and Dorfman in respect to the importance of scope and scale was helpful and compelling. [95] The Tribunal suggests that an applicant or a municipality might benefit from approaching a matter such as this with a chart that identifies the manner in which an event venue on a farm is to be collectively defined, regulated and scoped by: 1) provisions in a ZBL; 2) provisions in a typical site plan agreement and/or other agreement that is mutually negotiated, enforceable and which extends beyond the items in a typical site plan agreement; and 3) provisions in existing or proposed general Page 77 29 PL170178 municipal by-laws which deal with such issues as noise, licensing, hours of operation, etc. [96] The Parties each submitted previous decisions on cases in support of their positions. While each case before the Tribunal is evaluated on its own merits, the Tribunal reviewed the submitted cases in advance of reaching its Decision on this case. ORDER [97] The Tribunal orders as follows; A. the appeal of the refusal of the OPA is dismissed; B. the zoning appeal is granted in part and ZBL 2017-009 is approved subject to a three-part modification: the addition of a regulation which caps the floor space devoted to meat processing accessory to a farm at 61 sq m, the addition of a regulation that restricts the meat processing use to meat raised on the farm, and the deletion of the Holding "H" symbol; Clarington is to modify, in a timely manner, ZBL 2017-009 in accordance with this Order and the modified ZBL 2017-009 will have an effective date coincident with the date of issuance of this Order; and C. This Member may be spoken to should any matters arise respecting the implementation of this Order. "Thomas Hodgins" THOMAS HODGINS MEMBER Page 78 30 PL170178 If there is an attachment referred to in this document, please visit www.elto.gov.on.ca to view the attachment in PDF format. Local Planning Appeal Tribunal A constituent tribunal of Environment and Land Tribunals Ontario Website: www.elto.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248 Page 79 /_VIIaIr_TN:I►VA121►11d W-1 Planning Act, R.S:0.1990 4�xjzu, Notice of the Adoption of a Zoning By -Law Property: $582 Morgans Road, Part Lot 17, Concession 3, Former Township of Clarke TAKE NOTICE that taking Into consideration arty oral and written submissions, the Council of the Municipality of Clarington passed By-law 2017-009 on January 16, 2017. For an explanation of the effect of the oral and written submissions, see Staff Report PSD-007-17 and the minutes of the Planning & Develppment Committee meeting of January'9,2017. The purpose and effect of By-law2017-009 Is to permit meat processing accessory to a farm but not including an abbstoir. LA copy'of the by-law and a key map showing the location of the lands to which the by-law applies are attached. Any person, corporation, or agency may appeal the By-law,to the Ontario Municipal Board by filing With'the Clerk of the Munlelpality of'CJarington, not later than February 146 2017,' a notice of appeal which describes the objection to the By-law and the reasons for the objection, together -with a certified cheque or money order In the amount of $300.00 made payable to the "Minister of FinanW. Further information is available by contacting Gave Addington of the Planning Services Departmanf at 9QM23-3379, extension 2410. Dated at the Municipality of Clarington this 25r" y of Janaary, 2017 Af n& Greentree, Muni pal Clerk Municipality of Clarington FILE NO.'D142BA 2015-0015 , NOTE,. 1. The Planning Act provides for appeals to be fled by "persons": Croups or' associations, such as residents or ratepayers groups which do not.have incorporated status, may not be considered "persons" for purposes of the Act. Groups wishing to appeal this decision should do so in the name or names of individual. group members, and not In the name of the group. 2. No' person or public body shall be added as.a party to the hearing of an appeal unless, the person or public body made oral subrpission's at a public meeting or written submissions to the council before the by-law was passed, or in the opinion of the Ontario Municipal Board, there are reasonable grounds to add the person or public body as a party. Page 80 Corporation of the Municipality of Clarington By-law Number 201-1-009 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 ZBA2015-0016; and Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: ' 1. By-law 84-63 is amended as set out in Sections 2 through 4 of this By-law. 2. Section 0.4'SPECIAL EXCEPTIONS --AGRICULTURAL ZONE (A) ZONE" is hereby further amended by adding thereto the following new Special Exception, "SECTION 6.4.91 AGRICULTURAL EXCEPTION (A-81) ZONE a, 'Notwithstanding Sections 6.1, those lands zoned 'A-91" on the Schedules to this By-law, may in addition to other uses permitted in the Agricultural (A) zone, be used for: - i) meat processing accessory to a farm but not including an abattolr 3. Schedule 7 to By-law 84-63, as. amended, ,is hereby further amended by changing the zone designation from "Agricultural (A) Zone" to "Holding — Agricultural Exception ((H) A-91) Zone". 4. Schedule 'A' attached hereto shall form part of this By-law. 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 ay of Januan► an17. Page 81 Page 82 ATTACHMENT 2 AMENDMENT NO. 108 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN PURPOSE: To amend the Municipality of Clarington Official Plan to permit agri-tourism uses as an accessory use to a farm operation on the subject property, municipally known as 3582 Morgans Road, Clarke. BASIS: The amendment is based on an application submitted by Clark Consulting Services on behalf of the owner Deborah and Oswin Mathias to permit agri-tourism uses as an accessory use to a farm operation. ACTUAL AMENDMENT: The Clarington Official Plan is hereby amended by adding a new policy to Exceptions, Section 23.17.18 as follows: " 23.17.18 A seasonal event venue is permitted as an accessory on -farm diversified use on the subject property identified by assessment roll number 1817-030-030-16520 and municipally known as 3582 Morgans Road, subject to Site Plan Control and provided that such use occupies no more than approximately 2.5% of the subject lands." IMPLEMENTATION: The provisions set forth in the Municipality of Clarington Official Plan as amended, regarding the implementation of the Plan, shall apply in regard to this Amendment. INTERPRETATION: The provisions set forth in the Municipality of Clarington Official Plan as amended, regarding the interpretation of the Plan, shall apply in regard to the Amendment. Page 83 Corporation of the Municipality of Clarington By-law Number 2017 being a By-law to adopt Amendment No.108 to the Clarington Official Plan Whereas Section 17 (22) of the Planning Act R.S.O. 1990, as amended, authorizes the Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans and Amendments thereto (COPA2015-0005); And Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to amend the Clarington Official Plan to permit the development of agri- tourism uses as an accessory use to a farm operation at 3582 Morgans Road, Former Township of Clarke; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Amendment Number 108 to the Clarington Official Plan being the attached Explanatory Text is hereby adopted. 2. This By-law shall come into force and take effect on the date of the passing hereof. By-law passed in open session this day of , 2017. Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk ATTACHMENT 3 Corporation of the Municipality of Clarington By-law Number 2017- 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 ZBA2015-0015; and Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. By-law 84-63 is amended as set out in Sections 2 through 4 of this By-law. 2. Section 6.4 "SPECIAL EXCEPTIONS — AGRICULTURAL ZONE (A) ZONE" is hereby further amended by adding thereto the following new Special Exception: "SECTION 6.4.91 AGRICULTURAL EXCEPTION (A-91) ZONE a. Notwithstanding Sections 6.1, those lands zoned "A-91" on the Schedules to this By-law, may in addition to other uses permitted in the Agricultural (A) Zone, be used for: i) meat processing accessory to a farm but not including an abattoir ii) a seasonal special event venue accessory to a farm b. Regulations for Event Venue uses: i) Total Area of the Lot (maximum) 2.5% ii) Total Floor Area (maximum) 340 square metres iii) Number of parking spaces (maximum) 65 3. Schedule `2' to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Agricultural (A) Zone" to "Holding — Agricultural Exception ((H)A-91) Zone". 4. Schedule `A' attached hereto shall form part of this By-law. 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 , 2017. Adrian Foster, Mayor Page 85 C. Anne Greentree, Municipal Clerk This is Schedule "A" to By-law 2017- , passed this day of , 2017 A.D. y„a'4 _ - _ _ - s`"h.1'+� 'R s.. is Y•i � aG y a _ °0 Z a c� 0 COWANVILLE ROAD ® Zoning Change From 'A' To '(H)A-91' Zoning Change From 'A' To 'EP' /jV Zoning To Remain 'A' V Zoning To Remain 'EP' Adrian Foster, Mayor Clarke • ZBA 2015-0015 - Schedule 2 C. Anne Greentree, Municipal Clerk Proposed Pale Barn .. 1 Stocked Pond eed i � ven d B ildin Po r .r N '' .1 i ;l •'-Kitchen en .. ...........�.. Proposed'+ the Ffeld Parkin Washroom aces) ,. ' " he 's ::: 11,51t^ . o 446 � %, ` ' onkamth+ Witt Prepes Pasture •—• ........... ra e Proposed �! '. Cattle Shed B Figure 4 - Conceptual Site Plan Property Address: 3582 Morgans Road Newcastle, Ontario Legend: Fence —••—••—••- Proposed Driveway List of Structures: Owner's Nome Garage Bank Barn With Meat Prep & Sales Covered Event Building Portable Kitchen Portable Washroom Lot Dimensions: Lot Area: 40 acres Lot Frontage; 502.47 metres cared By: Clark Consulting Services January 16, 2014 sed Date: February 23,2016 June 2016 January 2017 ate: March 2018 a Maps Prepared By: VELD architect CLA121C �k �,.n a,.,uvn„•.,: s:.,v,,..,.,mna:;.,, n�,.,,•.,s: ti.n• mill. u„d,,,d r-,.1.n m, x Page 87 ATTACHMENT 5 Provincial Policy Statement, 2014 1.1.4 Rural Areas in Municipalities Rural areas are important to the economic success of the Province and our quality of life. Rural areas are a system of lands that may include rural settlement areas, rural lands, prime agricultural areas, natural heritage features and areas, and other resource areas. Rural areas and urban areas are interdependent in terms of markets, resources and amenities. It is important to leverage rural assets and amenities and protect the environment as a foundation for a sustainable economy. Ontario's rural areas have diverse population levels, natural resources, geographies and physical characteristics, and economies. Across rural Ontario, local circumstances vary by region. For example, northern Ontario's natural environment and vast geography offer different opportunities than the predominately agricultural areas of southern regions of the Province. 1.1.4.1 Healthy, integrated and viable rural areas should be supported by: a. building upon rural character, and levaraging rural amenities and assets; b. promoting regeneration, including the redevelopment of brownfield sites; c. accomodating and appropriate range and mix of housing in rural settlement areas; d. encouraging the conservation and redevelopment of existing rural housing stock on rural lands; e. using rural infrastructure and public service facilities efficiently; f. promoting diversification of the economic base and employment opportunities through goods and services, including value-added products and the sustainable management of resources; g. providing opportunities for sustainable and diversified tourism, including leveraging historical, cultural, and natural assets; h. conserving biodiversity and considering the ecological benefits provided by nature; and i. providing opportunities for economic activities in prime agricultural areas, in accordance with policy 2.3. 1.1.5.4 Development that is compatible with the rural landscape and can be sustained by rural service levels should be promoted. 1.1.5.7 Opportunitiesto support adiversified rural economy should be promoted byprotecting agricultural and other resource -related uses and directing non -related development to areas where itwill minimize constraints on these uses. 1.1.5.8 Agricultural uses, agriculture -related uses, on -farm diversified uses and normal farm practices should be promoted and protected in accordance with provincial standards. 1.7 Long -Term Economic Prosperity 1.7.1 Long-term economic prosperity should be supported by: a. promoting opportunities for economic development and community investment -readiness; b. optimizing the long-term availability and use of land, resources, infrastructure, electricity generation facilities and transmission and distribution systems, and public service facilities; c. maintaining and, where possible, enhancing the vitality and viability of downtowns and mainstreets; d. encouraging a sense of place, by promoting well -designed built form and cultural planning, and by conserving features that help define character, including built heritage resources and cultural heritage landscapes; e. promoting the redevelopment of brownfield sites; f. providing for an efficient, cost-effective, reliable multimodal transportation system that is integrated with adjacent systems and those of other jurisdictions, and is appropriate to address projected needs to support the movement of goods and people; g. providing opportunities for sustainable tourism development; h. providing opportunities to support local food, and promoting the sustainability of agri-food and agri-product businesses by protecting agricultural resources, and minimizing land use conflicts; i. promoting energy conservation and providing opportunities for development of renewable energy systems and alternative energy systems, including district energy; j. minimizing negative impacts from a changing climate and considering the ecological benefits provided by nature; and k. encouraging efficient and coordinated communications and telecommunications infrastructure. 6.0 Definitions Agricultural uses: means the growing of crops, including nursery, biomass, and horticultural crops; raising of livestock; raising of other animals for food, fur or fibre, including poultry and fish; aquaculture; apiaries; agro- forestry; maple syrup production; and associated on -farm buildings and structures, including, but not limited to livestock facilities, manure storages, value -retaining facilities, and accommodation for full- time farm labour when the size and nature of the operation requires additional employment. Agri -Tourism uses: means those farm -related tourism uses, including limited accommodation such as a bed and breakfast, that promote the enjoyment, education or activities related to the farm operation. On -farm diversified uses: means uses that are secondary to the principal agricultural use of the property, and are limited in area. On -farm diversified uses include, but are not limited to, home occupations, home industries, agri-tourism uses, and uses that produce value-added agricultural products. Growth Plan for the Greater Golden Horseshoe (2017) 2.2.9 Rural Areas 3. Subject to the policies in Section 4, development outside of settlement areas may be permitted on rural lands for: a) the management or use of resources; b) resource -based recreational uses; and c) other rural land uses that are not appropriate in settlement areas provided they: i. are compatible with the rural landscape and surrounding local land uses; ii. will be sustained by rural service levels; and iii. will not adversely affect the protection of agricultural uses and other resource - based uses such as mineral aggregate operations. Guidelines on Permitted Uses in Ontario's Prime Agricultural Areas 2.3.1 PPS Criteria for On -Farm Diversified Uses All of the following criteria must be met to qualify as on -farm diversified uses, in accordance with the PPS. 1. Located on a farm. (from the label "on -farm" diversified uses and from the definition's requirement that the use be secondary to the principal "agricultural use" of the property) On -farm diversified uses must be located on a farm property that is actively in agricultural use. The on -farm diversified uses provisions in the PPS do not apply to small residential lots in the prime agricultural area. As noted in Section 2.1 of these guidelines, agricultural uses occur on a farm with the expectation of gain or reward. This does not include production primarily for use or consumption by members of the household of the owner or operator of the agricultural operation, for purposes of pastime or recreation, or in a park, on a property used primarily for residential purposes or in a garden located in a public space. The planning authority may require evidence that the property is actively farmed. For example, proof may be required that shows the property qualifies for the Farm Property Class under the Assessment Act, 1990. 2. Secondary to the principal agricultural use of the property. (from the PPS definition of on -farm diversified uses) While the PPS definition of on -farm diversified uses allows for a wide range of on -farm economic opportunities, it also requires those uses be secondary to the principal agricultural use of the property. In other words, agricultural uses must remain the dominant use of the property. This is measured in spatial and temporal terms. Spatially, the use must be secondary relative to the agricultural use of the property. The spatial limits are addressed below under the "limited in area" criterion. Temporal considerations apply to uses that are temporary or intermittent, such as events. Given that on -farm diversified uses (and agriculture -related uses) must be compatible with surrounding agricultural operations, the frequency and timing of any events must not interfere with cropping cycles or other agricultural uses on the farm or in the surrounding area. Even temporary uses must meet all criteria for on -farm diversified uses. Acceptable uses must be compatible with and able to coexist with surrounding agricultural operations, and: • permanently displace little -to -no agricultural land, within the limits discussed under the "limited in area" criterion • do not require site grading and/or drainage unless it improves conditions for agricultural production • are one-time uses or held infrequently when impacts to agriculture are minimal • any land used for a temporary use must be immediately returned to agriculture Page 90 a harvestable crop is produced on the land the year in which the temporary use is implemented (if applicable) meet compatibility requirements (e.g., do not require significant emergency, water and wastewater services; maintain reasonable noise and traffic levels in the area) impacts to the site itself and surrounding agricultural operations are mitigated (e.g., compaction, drainage, trespassing) If all criteria are met, events may be accommodated through a temporary use zoning by-law under the Planning Act, 1990, provided no permanent alterations are proposed to the land or structures (e.g., stages, washrooms or pavilions). The temporary zoning must be structured in a way that the farmland is returned to agriculture immediately following the event (e.g., detailed provisions to avoid soil compaction, timing events to avoid impacts on cropping systems). The intention is that these uses are permitted only on an interim basis. The Municipal Act, 2001, authorizes municipalities to pass by-laws, issue permits and impose conditions on events. These by-laws may require site plans, traffic plans, emergency plans and security plans. These by-laws can help ensure uses are reasonable without the need for other approvals. Large-scale, repeated or permanent events are not on -farm diversified uses and should be directed to existing facilities such as fairgrounds, parks, community centres and halls, settlement areas or rural lands. Guidelines on new venues in prime agricultural areas are provided in Section 3.2 Limited Non -Agricultural Uses. 3. Limited in area. (from the PPS definition of on -farm diversified uses) While PPS policies enable a wide variety of on -farm economic opportunities, the PPS also requires those uses are limited in area. This criterion is intended to: minimize the amount of land taken out of agricultural production, if any ensure agriculture remains the main land use in prime agricultural areas limit off -site impacts (e.g., traffic, changes to the agricultural -rural character) to ensure compatibility with surrounding agricultural operations Many municipalities limit the scale of on -farm diversified uses by limiting the number or place of residence of employees, number of businesses, percentage of products sold that are produced on the farm or floor area of buildings and outdoor storage. However, these factors do not have a direct bearing on the amount of farmland displaced or fully account for all the land occupied by the uses. A preferred approach is to base "limited in area" on the total footprint of the uses, on a lot coverage ratio basis. Guidance on the "limited in area" criterion is based on a review of existing municipal approaches in Ontario, observations and experiences of OMAFRA staff across the province, benchmarking against existing diverse farms, development of scenarios and stakeholder input. Realistic scenarios to predict how much land could be used for on -farm diversified uses on small, medium and large farms are provided in Appendix 2. Appendix 3 offers an example of an existing, diversified farm with a combination of permitted uses, illustrating how the on -farm diversified uses portion of the property is calculated. The approach to the "limited in area" criterion is intended to: achieve the balance between farmland protection required by the PPS and economic opportunities for farmers Page 91 • improve consistency among municipalities in terms of the land area that could be used for such uses • level the playing field for different types of on -farm diversified uses • provide flexibility as on -farm diversified uses and owners change • simplify implementation The "limited in area" requirement should be based on the total land area that is unavailable for agricultural production as a result of the on -farm diversified use (i.e., the footprint occupied by the use, expressed as a percentage of lot coverage). The area calculation should account for all aspects related to an on -farm diversified use such as buildings, outdoor storage, landscaped areas, berms, well and septic systems, parking and new access roads. The lot coverage ratio should be based on the size of the individual parcel of land where the use is located, not the total area of a farm operation which could include several parcels. The rationale for using a lot coverage ratio is built on the premise that a large property is generally able to accommodate a larger on -farm diversified use than a small property while meeting compatibility requirements. Where available, uses should be within existing agricultural buildings or structures no longer needed to support agricultural production. Reusing existing buildings or structures can help to: reduce the amount of farmland consumed maintain the agricultural/rural character of the area ensure existing buildings are kept in good repair or improved As farmers expand and modernize their agricultural operations, they often prefer to build new structures based on current standards rather than retrofit older buildings. This can result in surplus buildings that could be repurposed. It is recommended that for "limited in area" calculations, the area of existing buildings used for on -farm diversified uses be discounted at an appropriate rate (e.g., 50%). Be aware that a change in the use of a building may result in a change in building code requirements (Section 2.5.7). If an on -farm diversified use occupies the same footprint as a demolished building, the land area for the use may be similarly discounted. This recognizes that it is unlikely that land under a demolished building will be returned to an agricultural use. However, preference should be given to reuse of existing buildings where possible. It is recommended that the area of existing laneways not be included in area calculations. This will encourage on -farm diversified uses to locate within existing farm building clusters and minimize impacts on agricultural production. If an existing barn (or a barn destroyed by fire,) is restored for an on -farm diversified use with the same footprint as the existing barn, only 50% of the building's footprint is counted in the area calculations. Likewise, the footprint of a home occupation in an existing residence or outbuilding may be calculated at 50% of the area of the office. However, 100% of the area needed for parking and outdoor storage would be included. Existing Ianeways are not counted in the area calculations but 100% of the area for new Ianeways would be included. These guidelines recommend that "limited in area" be relative to the size of the farm property on which the on -farm diversified use is located. The size of the entire farm property, including land subject to an easement, and not just the portion of a farm that is in agricultural use, should be considered. For example, a use occupying 1 ha on a 50 ha farm may be "limited in area," while a 1 ha use on a 15 ha farm may not be. These guidelines recommend that the standard for the acceptable area occupied by an on -farm diversified use is up to 2% of a farm parcel to a maximum of 1 ha (10,000 m2). The examples of on -farm diversified uses in Appendix 2 show the variety of uses that could be placed on different -sized parcels of land, while staying within the recommended maximum lot coverage of 2%. Page 92 In the case of on -farm diversified uses that are intermittent, such as events, "limited in area" may mean an area greater than the general recommendations above (Section 2.3.1.1). When calculating the area for agri-tourism uses such as wagon rides or corn mazes, lands producing a harvestable crop are agricultural uses that are not included in area calculations. However, areas such as playgrounds and loading areas for hayrides should be included. If more than one on -farm diversified use is proposed on a single property, the combined area of all on -farm diversified uses should be within the above area and lot coverage guidelines. If the area of a proposed on -farm diversified use exceeds the recommended area thresholds in these guidelines, give consideration to PPS Policy 2.3.6 on non-agricultural uses in the prime agricultural areas. On -farm diversified uses that are proposed to grow beyond the area limits, either incrementally or otherwise, are not supported. Since the PPS requires settlement areas to be the focus of growth and development, large-scale industrial and commercial buildings appropriate in settlement areas (due to servicing, accessibility, etc.) are not permitted in prime agricultural areas. It is recommended that the gross floor area of buildings for on -farm diversified uses be capped at a scale appropriate to prime agricultural areas. Municipalities may set the building size cap based on a maximum lot coverage ratio (i.e., proportion of the 2% of the property that may be used for on -farm diversified uses to be covered by buildings).5 Alternatively, municipalities may define maximum gross floor area limits numerically (e.g., maximum gross floor area for properties 15-20 ha is 600 m2, and so on for different sized properties). Regardless of how the cap is set, the area of existing buildings, should not be discounted when calculating the gross floor area of buildings for on -farm diversified uses. Recommended Area Calculations for On -farm Diversified Uses • existing laneways shared between agricultural uses and on -farm diversified uses are not counted • area of existing buildings or structures, built prior to April 30,2014 , occupied by on —farm diversified uses is discounted (e.g. 50 %) • area of new buildings , structures, setbacks , outdoor storage , landscaped areas, berms, laneways, parking, etc. are counted at 100% • on -farm diversified uses may occupy no more than 2% of the property on which the uses are located, to a maximum of 1 ha • the gross floor area of buildings used for on -farm diversified uses is limited (e.g. 20% of the 2%) 4. Includes, but is not limited to, home occupations, home industries, agri-tourism uses and uses that produce value-added agricultural products. (from the PPS definition of on -farm diversified uses) The PPS definition provides a number of examples of on -farm diversified uses. Beyond these examples, other uses may also be suitable, subject to meeting all PPS criteria. The PPS language related to uses that are not related to agriculture (i.e., home occupations, home industries), suggests that in prime agricultural areas, these operations must be at a reasonable scale, as discussed under the "secondary to..." and "limited in area" criteria. Municipalities may wish to encourage on -farm diversified uses that relate to agriculture (e.g., agri- tourism and value-added uses) by streamlining approvals for these uses. 5. Shall be compatible with, and shall not hinder, surrounding agricultural operations. (from PPS Policy 2.3.3.1) Page 93 Refer to the discussion of this policy under agriculture -related uses (Section 2.2) as it applies equally to on -farm diversified uses. Some uses that meet other on -farm diversified uses criteria may not meet the compatibility criterion. For example, uses that attract large numbers of people onto the farm for non -farm events or for recreational purposes could result in soil compaction on the farm itself, excessive noise and trespass issues that may be incompatible with surrounding agricultural operations. Commercial or industrial uses that have a large number of employees or attract a large number of customers may also not be compatible in the prime agricultural area. In addition, some uses may be better suited to settlement areas where municipal services are available (PPS Policy 1.6.6). Municipalities should consider how effectively any impacts can be mitigated before allowing different uses in prime agricultural areas. Compatibility Considerations • does not hinder surrounding agricultural operations • appropriate to available rural services and infrastructure • maintains the agricultural /rural character of the area • meets all applicable environmental standards • cumulative impact of multiple uses in prime agricultural areas is limited and does not undermine the agricultural nature of the area Nano or micro -breweries and small distilleries may fit the definition of on -farm diversified uses if they are able to meet all PPS criteria for that category of uses. However, these uses should be appropriate to available rural water and wastewater services. High water use/effluent generation operations are generally inappropriate in prime agricultural areas and may require capacity beyond what is available on the site. The appropriate scale to qualify as an on -farm diversified use needs to be assessed on a case -by -case basis. In prime agricultural areas with multiple on -farm diversified uses on several farms, the collective impact of these uses should be limited and not undermine the agricultural nature of the area or the health of the environment. Whether a proposed new on -farm diversified use is compatible depends on other uses in the area and how the area would be affected by all of these uses. Municipality of Clarington Official Plan, 2017 24.2 Definitions Agri -Tourism: means those farm -related tourism uses, such as farm tours, education courses, wineries, including limited accommodation such as a bed and breakfast and farm vacation homes that promote the enjoyment, education or activities related to the farm operation. On -farm Diversified Uses: means uses that are secondary to the principal agricultural use of the property and are limited in area. Uses include, but are not limited to, farm gate sales and seasonal farm produce outlets, and uses that produce value added agricultural products from the farm operation. Page 94 Attachment 3 to Report PDS-035-22 If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 The Corporation of the Municipality of Clarington By-law 2021-049 Being a by-law to license On -Farm Special Events WHEREAS subsection 11(2) of the Municipal Act, 2001, S.O. 2001, c. 25, authorizes the Municipality to pass by-laws respecting the health, safety and well-being of persons; WHEREAS under Subsection 8(3) of the Municipal Act, 2001, a by-law respecting a matter may (a) regulate or prohibit the matter; (b) require persons to do things respecting the matter; and (c) provide for a system of licences respecting the matter; WHEREAS under Sections 150 and 151 of the Municipal Act, 2001, a municipality may provide for a system of licences with respect to any business wholly or partly carried on within the municipality, including the sale or hire of goods or services on an intermittent or or one-time basis; and AND WHEREAS subsection 128(1) of the Municipal Act, 2001, S.O. 2001, c. 25, provides that a local municipality may prohibit and regulate with respect to public nuisances, including matters that, in the opinion of council, are or could become or cause public nuisances; NOW THEREFORE the Council of The Corporation of the Municipality of Clarington hereby enacts as follows; PART 1 - INTERPRETATION Definitions 1.1 In this By-law, "Applicant" means a person seeking a licence pursuant to this By-law; "Director" means the Municipality's Director of Legislative Services or a designate; "Enforcement Officer" means a Municipal Law Enforcement Officer whose duties include the enforcement of this By-law; "Licence" means a licence issued pursuant to this By-law; "Licensee" means a person to whom a Licence has been issued in accordance with this By-law; Page 95 "Municipality" means The Corporation of the Municipality of Clarington or the geographic area of Clarington, as the context requires; "On -Farm Special Event" means an event or activity that is not permitted as -of - right as an on -farm diversified use, on lands specifically zoned to permit special events as a use that is secondary to the agricultural farming operations; "Owner" means the registered or beneficial owner of farm property; "Person" means an individual or a corporation, and "Persons" has a corresponding meaning; and "Zoning By-law" means a by-law passed by the Municipality pursuant to section 34 of the Planning Act, R.S.O. 1990, c. P.13 and includes Zoning By-law 84-63 and Oak Ridges Moraine Zoning By-law 2005-109, or their successors. References 1.2 In this By-law, reference to any Act or by-law is reference to that Act or by-law as it is amended or re-enacted from time to time. 1.3 Unless otherwise specified, references in this By-law to Parts and sections are references to Parts and sections in this By-law. Word Usage 1.4 This By-law shall be read with all changes in gender or number as the context requires. 1.5 In this By-law, a grammatical variation of a word or expression defined has a corresponding meaning. Application 1.6 This By-law applies to all On -Farm Special Events in the Municipality unless otherwise specified. 1.7 This By-law does not apply to any property that was granted land use planning approval for On -Farm Special Events on a date prior to the date of enactment of this By-law, until such time as the property is made subject to an arm's length transfer. PART 2 -- PROHIBITIONS Operation 2.1 No person shall conduct an On -Farm Special Event without a Licence. 2 Page 96 2.2 The Owner or designate must be on scene during the On -Farm Special Event. 2.3 No Person shall contravene any condition of site plan approval, or any provision within a site plan agreement made pursuant to section 41 of the Planning Act, R.S.O. 1990, c. P.13, that is applicable to land that is subject to this By-law. 2.4 No Owner shall permit any activity on their property within the Municipality that is prohibited by this By-law. 2.5 Nothing in this By-law exempts an Owner of a farm property from any requirement in any Zoning By-law, or in any way changes the land uses permitted for a farm property pursuant to any Zoning By-law. Attendance 2.6 No person conducting an On -Farm Special Event shall permit more than the maximum number of attendees as stated in the zoning permission to attend the event, including persons participating in or working at the event. PART 3 — LICENSING Applications 3.1 Every application for a Licence shall be completed and submitted on forms prescribed by the Director. 3.2 Every application for a Licence shall include, (a) a licensing fee of $250.00; (b) the address of the property proposed to be used for On -Farm Special Events; (c) written proof, satisfactory to the Director, that the Applicant is the Owner; (d) proof of a valid Ontario farm business registration number for the property, or proof of exemption from the registration requirements; (e) confirmation of a Municipally approved site plan; and (f) proof of commercial general liability insurance acceptable to the Director of Financial Services and subject to limits of not less than five million dollars inclusive per occurrence for bodily injury, death and damage to property including loss of use thereof. 3.3 Every Licence shall be posted in a conspicuous location on the premises of the On -Farm Special Event. Page 97 3.4 A Licensee shall comply with all conditions of a Licence. Review 3.5 The Director is authorized to receive and consider all applications. 3.6 The Director is authorized to issue, suspend or revoke any Licence in accordance with Section 151 of the Municipal Act, 2001, S.O. 2001, C. 25, and to refuse the issuance of any Licence if there has been a previous material breach of the Licence, or in accordance with Section 3.8 of this By-law, including conditions consistent with zoning. 3.7 In addition to any other condition or requirement of this By-law, every Licence issued shall be subject to the condition that compliance with all applicable Federal, Provincial and Municipal laws, by-laws, rules, regulations, orders, approvals, permits, standards, and all other governmental requirements is required. Refusal 3.8 The Director shall refuse to issue or renew a Licence if, (a) the Applicant is not the Owner of the subject property; (b) the Applicant is not at least 18 years of age; (c) the application is incomplete; (d) the prescribed Licence fee has not been paid; (e) the Applicant submits false, mistaken, incorrect or misleading information in support of the application; (f) an Enforcement Officer, by way of inspection, has determined that the property is not in compliance with the approved Site Plan Agreement; or (g) There is reason to believe that the carrying on of the On -Farm Special Event(s) at the property would contravene any applicable condition, rule, or law. General 3.9 Licences are not transferrable. 3.10 The issuance of a License does not represent a commitment by the Municipality or the Director to issue a Licence in a subsequent year. Term 3.11 A Licence is valid from the date of issuance until December 31 in the calendar year that is two years after the calendar year in which it is issued, unless revoked or suspended at an earlier date. PART 4 — MANAGEMENT AND RECORDS 4.1 Every Licensee shall retain records of all On -Farm Special Event activity during the period of the License, for the period of six months following the end of the term of the Licence. PART 5 — ENFORCEMENT 5.1 Where any Person contravenes any provision of this By-law, an Enforcement Officer may direct such Person to comply with this By-law. Every Person so directed shall comply with such direction without delay. Powers of Entry 5.2 An Enforcement Officer, whether alone or accompanied by an individual possessing special or expert knowledge or skills, may enter on land at any reasonable time for the purpose of carrying out an inspection to determine whether or not the following are being complied with: (a) this By-law; (b) a direction or order of the Municipality made under the Municipal Act, 2001, S.O, 2001, c. 25 or this By-law; or (c) an order made under section 431 of the Municipal Act, 2001, S.O. 2001, c. 25. 5.3 For the purposes of an inspection under this By-law, an Enforcement Officer may: (a) require the production for inspection of documents or things relevant to the inspection; (b) inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts; (c) require information from any person concerning a matter related to the inspection; and (d) alone or in conjunction with a person possessing special or expert knowledge, make examinations or take tests, samples or photographs necessary for the purposes of the inspection. E Page 99 5.4 In addition to any other provision of this By-law, and subject to the provisions of the Municipal Act, 2001, S.O. 2001, c. 25, a provincial judge or justice of the peace may issue an order authorizing the Municipality to enter on land, including a room or place actually being used as a dwelling, for the purpose of carrying out an inspection to determine whether or not the following are being complied with: (a) this By-law; (b) a direction or order of the Municipality made under the Municipal Act, 2001, S.O. 2001, c. 25 or this By-law; or (c) an order made under section 431 of the Municipal Act, 2001, S.O. 2001, c. 25. Obstruction 5.5 No Person shall hinder or obstruct, or attempt to hinder or obstruct, an Enforcement Officer from lawfully carrying out a power, duty or direction under this By-law. Suspension of Licence 5.6 The Director may suspend a Licence if the Licensee fails to comply with any provision of this By-law and such non-compliance is not remedied within 7 days, or other time period as deemed appropriate by the Director, following notice from the Municipality specifying the particulars of the non-compliance. Revocation of Licence 5.7 The Director may revoke a Licence if, (a) it was issued in error; (b) it was suspended in accordance with the provisions of this By-law and no satisfactory evidence of compliance has been filed with the Municipality within 60 days from the date of suspension; (c) it was issued as a result of false, mistaken, incorrect, or misleading statements, information or undertakings contained in the application or any supporting materials; (d) the Licensee is not in compliance with any Licence condition; or (e) upon the request of the Licensee. 5.8 The Director shall immediately inform the Licensee of a revocation and the reasons for it by means of contacting the Licensee at the address provided in the application. The Director shall also notify all affected agencies. 6 Page100 Offences and Penalties 5.9 Every Person, other than a corporation who contravenes any provision of this By- law, is guilty of an offence and on conviction is liable, for every occurrence, day or part thereof upon which such offence occurs or continues, to a fine of not more than $10,000 for a first offence; and not more than $25,000 for any subsequent conviction. 5.10 Every corporation which contravenes any provision of this By-law, is guilty of an offence and on conviction is liable, for every occurrence, day or part thereof upon which such offence occurs or continues, to a fine of not more than $50,000 for a first offence, and not more than $100,000 for any subsequent conviction. 5.11 Without limiting any other section of this By-law, every Person who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to a fine in accordance with the Provincial Offences Act, R.S.O. 1990, c. P,33. 5.12 If any Person is in contravention of any provision of this By-law, and the contravention has not been corrected, the contravention of the provision shall be deemed to be a continuing offence for each day or part of a day that the contravention remains uncorrected. 5.13 Where any Person contravenes any provision of this By-law, such Person shall be responsible for all costs incurred by the Municipality directly related to the contravention. PART 6- GENERAL Severability 6.1 Each section of this By-law is an independent section, and the holding of any section or part of any section of this By-law to be void or ineffective for any reason shall not be deemed to affect the validity of any other sections of this By- law. Conflict 6.2 In the event of a conflict of a conflict between any provision of this By-law and any applicable Act or regulation, the provision that is the most restrictive prevails. Schedules 6.3 The following Schedules are attached to and form an integral part of this by-law: Schedule "A° — Set Fines Page 101 Short Title 6.4 The short title of this By-law shall be the "On -Farm Special Event Licensing By- law". Effective Date 6,5 This By-law shall be effective on the date that it is passed. Passed in Open Council this 25t" day of May, 2021 . 42- Adrian Foster, Mayor June Gallagher, Muni al Clerk Page102 Schedule "A" MUNICIPALITY OF CLARINGTON PART I Provincial Offences Act By-law 2021-049: On -Farm Special Event Licensing By-law ITEM COLUMN 1 COLUMN 2 COLUMN 3 Short Form Wording Provision creating Set Fine or defining offence 1 Conduct an On -Farm Special Event s. 2.1 $500.00 without a valid Licence 2 Contravene a condition of site plan s. 2.3 $300.00 approval 3 Failure to display License in a s. 3.3 $50.00 conspicuous location 4 Failure to comply with conditions of a s. 3.4 $300.00 Licence "NOTE: The penalty provision for the offences indicated above is section 5.11 of by-law no. 2021-049, a certified copy of which has been filed". RD Page103 TI-E HONOURABLE ES HLR ROSENBERG �.r "•" � `� q-L'FIONORABLE FSTHERRQSENBERL REG70NALSENIOR)usnCE _, JUGE PRIN©PALREGIONAL ONTARIOODURTOF)USLICE f 000R DEJUSTICE DE UONTAR10 CENTRAL EAST REGION a, REGION DU CENTRE -EST 50 EAGLE STREET WEST 50, RUE EAGLE OLIESr NEWMARKET, ONTARIO BY6611 NEWMARIET(ONTARIO) BY661 TELFPHONUTtiEPFK)NE (905) 853-4890 rA)(/rtLEmPIEUR(9D5) 853-4891 June 7, 2021 Mr. Robert Maciver Municipal Solicitor Corporation of the Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C 3AB Dear Sir: Re: Set Fines — Part I The Corporation of the Municipality of Clarington Enclosed herewith please find the Order and the schedule of set fines. The setting of the fines does not constitute my approval of the short form of the wording used to describe the offences. Please forward a copy of the Order and the Schedule of Set Fines to the POA Court in Whitby. Your truly, )�17 s er Rosenberg Regional Senior Justice Central East Region Ibmw Enclosures PROVINCIAL OFFENCES ACT Part I IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and the rules for the Ontario Court of Justice that the amount set opposite each of the offences in the attached schedule of offences under the Provincial Statutes and Regulations thereunder and Municipal By Law 2021-049, for the Municipality of Clarington , attached hereto is the set fine for that offence. This Order is to take effect June 7, 2021. DATED at Newmarket this 71h day of June, 2021 Esther Rosenberg Regional Senior Justice Central East Region Schedule "A" MUNICIPALITY OF CLARINGTON PART I Provincial Offences Act By-law #2021-049: On -Farm Special Event Licensing By-law ITEM COLUMN 1 COLUMN 2 COLUMN 3 Short Form Wording Provision creating Set Fine or defining offence 1 Conduct an On -Farm Special Event s. 2.1 $500.00 without a valid Licence 2 Contravene a condition of site plan s. 2.3 $300.00 approval 3 Failure to display License in a s. 3.3 $50.00 conspicuous location 4 Failure to comply with conditions of a s. 3.4 $300.00 Licence "NOTE: The penalty provision for the offences indicated above is section 5.11 of by-law no. 2021-049, a certified copy of which has been filed". Page106 September 07, 2022 Regarding: September 12, 2022 Special Joint Committee Meeting Good morning We are asking that you vote down Zoning By-law Amendment to permit On -Farm Diversified Uses, 3582 Morgan's Road, Newcastle, ON — CCS Project No. 3017, scheduled September 12, 2022. Incomplete, inconsistent and false information has been accepted by the Clarington Planning Department in Justification Report(s) 2021, 2022. Painfully glaring was the inclusion of a report with fifty percent (50%) of the pages missing. We are suggesting that any and all discussions regarding the Zoning by-law Amendment (on -farm diversified uses) 3582 Morgan's Road, Newcastle, cease. Incomplete and incorrect information, Justification Report(s) 2021, 2022 and the absence of mandatory documentation has led to this challenge. Local citizens have not received answers to numerous queries submitted. Public notice was not provided for Justification Report 2021. Minutes have not been forthcoming regarding the `Mandatory Pre -Consultation' Meeting. The Clarington Planning Department allowed a substitution of meeting minutes. Why? The responsibility rests with Clarington to refuse the application when false, mistaken, incorrect and/or misleading information is provided. Our above observations confirm this not to be the case. Instead, Clarington Planning Department appears determined to advance this project, with little regard for neighbouring citizens' concerns. We are suggesting that this By -Law Amendment be terminated immediately. Regards Mary Ann Muizelaar Page107 Clarftwn 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 Committee Date of Meeting: September 12, 2022 Report Number: PDS-036-22 Submitted By: Carlos Salazar, Director of Planning and Development Services Reviewed By: Mary -Anne Dempster, CAO Resolution#: File Number: S-C-2018-0003 & ZBA2018-0014 By-law Number: Report Subject: Draft Plan of Subdivision and Rezoning for multiple properties in the Hancock Neighbourhood, Courtice Recommendations: 1. That Report PDS-036-22 and related delegations or communication items, be received; 2. That the application by Nash Development Limited (Marlin Spring) for a Draft Plan of Subdivision and Rezoning, on the west side of Hancock Road, north of Nash Road, Courtice be supported subject to the conditions contained in Attachment 1 to Report PDS-036-22; 3. That the Zoning By-law Amendment application submitted by Nash Development Limited (Marlin Spring) be approved as contained in Attachment 3 to Report PDS- 036-22; 4. That once all conditions contained in the Official Plan and the Zoning By-law with respect to the removal of the (H) Holding Symbol are satisfied, the By-law authorizing the removal of the (H) Holding Symbol be approved; 5. That the Region of Durham Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PDS- 036-22 and Council's decision; and 6. That all interested parties listed in Report PDS-036-22 and any delegations be advised of Council's decision. Page108 Municipality of Clarington Report PDS-036-22 Report Overview Page 2 The purpose of this report is to recommend approval of the Draft Plan of Subdivision (Attachment 2) and Zoning By-law Amendment submitted by Nash Development Limited (Marlin Spring) to permit 138 residential lots, consisting of 112 single detached dwellings and 26 semi-detached dwellings. The subdivision would include the extension of Tabb Avenue and Broome Avenue and new north -south and east -west local roads. The subject lands are in the Hancock Neighbourhood in Courtice (see Figure 1). 1. Application Details 1.1 Owner 1.2 Proposal IM Nash Development Limited (Marlin Spring) Draft Plan of Subdivision The proposed Draft Plan of Subdivision would permit 138 residential lots, consisting of 112 single detached dwellings and 26 semi-detached dwellings, the extension of Tabb and Broome Avenue's and new north -south and east -west roads. Zoning By-law Amendment To rezone the lands from "Agricultural (A)" and "Environmental Protection (EP)" zones to appropriate zones that would permit the single detached and semi-detached dwelling units. 6.78 Hectares 1.4 Location 1828, 1830, 1832, 1834, 1836, Nash Road and 3056, 3090, 3112, 3124, 3136, 3142, 3150, 3158 Hancock Road, Courtice 1.5 Within the Built Boundary Yes 2. Background 2.1 The Hancock Neighbourhood Design Plan was originally approved by Council in September 1998 (see Attachment 4). The neighbourhood plan was amended in April 2013 (see Attachment 5). The Plan was amended in 2013 to include Provincially Significant Wetlands identified by the Ministry of Natural Resources as environmentally Page109 Municipality of Clarington Report PDS-036-22 Page 3 protected. With the increase in environmentally protected areas, densities along arterial roads were increased to balance the growth objectives for the built boundary in the Growth Plan. 2.2 The Neighbourhood Plan update in 2013 changed the street and lot patterns to the current plan (Attachment 5). It placed additional lands into the Environmental Protection Area designation in the interior of the neighbourhood and focused lands for development along the arterial roads. The Neighbourhood Plan is intended to guide development for the area. The exact lot pattern and street layouts are to be determined at the planning application stage once the required studies have been submitted to support the application. 2.3 Since the Hancock Neighbourhood Design Plan was updated in 2013, there have been three developments approved in the Hancock Neighbourhood and two additional development applications submitted on surrounding lands (see Attachment 7). The approvals and the submitted plans have met the intent of the 2013 Council approved Neighbourhood Plan. 2.4 In May 2018, BV Courtice Partners LP (Trolleybus Urban Development) submitted Draft Plan of Subdivision and Zoning By-law Amendment applications. The proposal was to permit 151 residential lots, consisting of 85 single detached dwellings and 66 townhouse dwellings (see Attachment 8). A public meeting was held on October 22, 2019. Due to an error with the public meeting mailout, an additional public meeting was held on May 16, 2022. Staff heard from several residents regarding a number of concerns, described in detail in Section 8. 2.5 Since 2019 staff have been working with the applicant and agencies to refine the plan and studies through additional submissions. 2.6 In 2021, Nash Development Limited (Marlin Spring) purchased the subject lands and have revised the applications based on the comments from residents, staff and agencies. The revised plan shown in Attachment 9 would permit 138 residential lots, consisting of 112 single detached dwellings and 26 semi-detached dwellings, the extension of Tabb and Broome Avenues and new north -south and east -west roads. 2.7 The revised proposal includes the following modifications to address previous comments from residents and staff: eliminated townhouse dwellings, increasing the number of single detached dwellings and introduced semi-detached dwellings; introduced a new intersection at Nash Road, removing a previous window street; and shifted the north -south road through the neighbourhood to the western portion of the site, reducing the need for temporary turning circles within the plan. Page110 Municipality of Clarington Report PDS-036-22 2.8 The applicants have submitted the following revised studies in support of the applications: • Planning Rationale Report • Functional Servicing and Stormwater Management Report • Environmental Impact Study • Noise Control Feasibility Assessment • Phase One and Two Environmental Site Assessments • Urban Design Brief • Transportation Impact Study • Stage 1 Archaeological Assessment 2.9 A summary of these studies will be provided in Section 7 of this report. 3. Land Characteristics and Surrounding Uses Page 4 3.1 The subject lands consist of six parcels on Nash Road and seven parcels on Hancock Road. All of the parcels currently have a singe detached dwelling and accessory buildings on the lands with the exception of 1830 Nash Road which is currently vacant. The properties were mainly used as large lot residential on private services, except for 3090 Hancock Road, which is a former auto wrecking yard. 3.2 In addition to having a single detached dwelling on the south end of the property, 3090 Hancock Road has a centrally located garage that was used as part of a former auto wrecker yard. The auto wrecker use, until purchased by the original applicant in 2017, had existed on the property since 1964 according to the information submitted in the Environmental Site Assessment. Page111 Municipality of Clarington Resort PDS-036-22 ' W f /V JA �GJor&R�dy"Wr Broome Avenue LA V1. Ta b Avenue Nasmoshow h F oad Page 5 I - 4 b A& SC 2018-0003 ZBA 2018-0014 0 r. -04 As& 7 Figure 1: Subject Lands and surrounding Land Uses. 3.3 The surrounding uses are as follows: North - Single detached dwellings, woodlot and Provincially Significant Wetland. South — Single detached dwellings and Agricultural, subject to current draft plan of subdivision application. Page 112 Municipality of Clarington Page 6 Report PDS-036-22 East — Agricultural. West - Single detached dwellings, draft approved subdivision (S-C-2009-0001) and lands subject to current draft plan of subdivision application. 4. 4. Provincial Policy Provincial Policy Statement 4.1 The Provincial Policy Statement encourages planning authorities to create healthy, livable, and safe communities by accommodating an appropriate range and mix of housing types and development patterns, while making efficient use of land and infrastructure. Opportunities for redevelopment and intensification are to be promoted where it can be accommodated. 4.2 Natural features shall be protected for the long term. Development shall not be permitted in, significant wetlands. Development adjacent to these features must be evaluated to demonstrate that there will be no negative impacts on the natural features or their ecological functions. 4.3 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. Provincial Growth Plan 4.4 The Provincial Growth Plan encourages municipalities to manage growth by directing population growth to settlement areas, such as the Courtice Urban Area. Municipalities are encouraged to create complete communities by promoting a diverse mix of land uses, a mix of employment and housing types, high quality public open space and easy access to local stores and services. 4.5 The subject lands are within the defined Built Boundary and within the Urban Boundary of Courtice. 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. 5. Official Plan Durham Region Official Plan 5.1 Durham Region Official Plan designates the subject lands Living Areas. Living Areas permit the development of communities incorporating the widest possible variety of Page113 Municipality of Clarington Report PDS-036-22 Page 7 housing types, sizes and tenure to provide living accommodations that address various socio-economic factors. Living Areas shall be developed in a compact form through higher densities and by intensifying and redeveloping existing areas. 5.2 The Region of Durham Official Plan identifies Key Natural Heritage and Hydrologic Features on the subject lands. Development or site alteration is not permitted in Key Natural Heritage and Hydrologic Features, including any associated vegetation protection zone, as determined through an Environmental Impact Study. 5.3 Nash Road is a Type B Arterial Road in the Region's Official Plan. Clarington Official Plan 5.4 The Clarington Official Plan designates the subject lands primarily Urban Residential with some Environmental Protection Area along the north limits of the proposal. The Urban Residential designation is predominately intended for housing purposes. A variety of densities, tenure and housing types are encouraged, generally up to 3 storeys in height. 5.5 Consistent with higher levels of government planning documents, the Clarington Official Plan supports opportunities for intensification within existing neighbourhoods, while having regard for established residential areas. 5.6 Table 4-3 of the Official Plan provides the Urban Structure Typologies for specific areas of the Municipality. These areas are where growth and higher intensity -built forms are to be directed. At the edge of neighbourhoods and adjacent to Arterial Roads, ground - related units are permitted with heights between 1 and 3 storeys. 5.7 Natural Heritage Features are identified and mapped on the subject lands, including being within the Lake Iroquois Beach. The natural heritage features are designated Environmental Protection Area. The natural heritage system is to be protected and enhanced for the long term to promote responsible stewardship and provide sustainable environmental, economic and social benefits. Studies will determine the appropriate development limit and vegetation protection zones in accordance with the Official Plan. 5.8 Low -impact development stormwater systems are permitted within the outer limits of the vegetation protection zone of a natural heritage feature provided the use is supported by the Environmental Impact Study. 5.9 Nash Road is a Type B Arterial Road and Hancock Road is a collector road within the Clarington Official Plan. Hancock Neighbourhood Design Plan Page114 Municipality of Clarington Report PDS-036-22 Page 8 5.10 Within the Hancock Neighbourhood Design Plan, the subject lands are identified with a mix of 10m and 12m single detached dwellings, existing residential and medium density along Nash Road and Hancock Road. 5.11 Environmentally sensitive areas have been identified in the Hancock Neighbourhood Plan (see Attachment 6). The areas were identified based on information received from the Ministry of Natural Resources and Forestry and preliminary work completed by Niblett Environmental Associates. An Environmental Impact Study is required to assess the features on each site, determine buffers and identify development limits. 5.12 The existing residential designation was included in the Hancock Neighbourhood Design Plan to recognize existing dwellings where the long-term plans were not known. The designation did not indicate a new dwelling form (i.e., medium density residential identified on the former auto wrecker site, as the dwellings may have remained); however, the designation allows for alternative dwelling forms should redevelopment be proposed. 5.13 The Hancock Neighbourhood Plan includes the extension of Broome Avenue to Hancock Road, the Extension of Tabb Avenue and new north -south local roads that connect the neighbourhood. 5.14 Approved Neighbourhood Plans will continue to provide guidance for the development of neighbourhoods unless superseded by a Secondary Plan. If a proposed development is not in keeping with the intent of the neighbourhood design plan the plans would need to be amended to a Secondary Plan. The proposal is consistent with the approved Neighbourhood Plan. 6. Zoning By-law 6.1 Zoning By-law 84-63 zones the subject lands "Agricultural (A) Zone" and "Environmental Protection (EP) Zone". 6.2 A Zoning By-law Amendment is required to permit the proposed single detached and semi-detached dwellings within the subdivision. Block 131(see Attachment 2) which contains a vegetation protection zone, would be placed in the Environmental Protection (EP) Zone. A draft Zoning By-law Amendment for the subject lands is provided (see Attachment 3). 6.3 The proposed Zoning By-law amendment will include a Holding Zone. The Holding Zone will remain on the lands until a development agreement has been executed and final approval and clearing of conditions is complete. There will be a condition that requires the potential site contamination (in relation to the former automotive recycling facility) to be addressed prior to registration of the proposed subdivision. Page115 Municipality of Clarington Report PDS-036-22 Page 9 6.4 The Holding Zone will remain on future development Block 128 (Attachment 2) until development applications are approved on the adjacent land to the east, the appropriate agreements are in place, and required conditions fulfilled. 7. Summary of Background Studies Planning Rationale Report, The Biglieri Group May 2018 and addendums dated July 4, 2019, July 23, 2020 and March 4, 2022 7.1 The report and subsequent addendums provide an analysis and planning justification for the proposal. The proposal was revised for a mix of single -detached and semi- detached residential dwellings and provides zoning provisions to address compatibility with the surrounding area. The street layout was modified to provide a direct connection between Broome Avenue and Nash Road. Functional Servicing and Stormwater Management Report, Candevcon Limited, March 2022 7.2 The site will be serviced by the existing Macourtice stormwater management facility. It will provide sufficient quality and erosion control for the proposed development. A sanitary sewer system will be located within the road right of way of Nash Road and a watermain distribution system will be located within the road right of way of Nash Road and Hancock Road. 7.3 Low Impact Development (LIDs) measures for stormwater runoff are proposed. Updated Scoped Environmental Impact Study, Dillon Consulting November 2018 (Revised July 2019, September 2020, April 2021) and Addendum #1, dated March 4, 2022 7.4 The Environmental Impact Study (EIS) was updated, and addendums were provided to address comments provided by CLOCA and the Municipality. 7.5 A field investigation was completed which identified residential lands, an industrial area, hedgerows, a meadow, cultural thicket swamp and a small section of Scotch Pine Plantation on the subject lands. This aligns with past reports by Niblett Environmental Associates Inc. (2012) and Aquafor Beech Ltd (2006). 7.6 The Scotch Pine Plantation is of low ecological value due to the young age of trees, the presence of invasive species, gaps in forest cover and removal of vegetation from adjacent lands. The Cultural Thicket Swamp does not support significant wildlife habitat and/or species at risk habitat. In addition, surface drainage is currently interrupted by the remnant drainage feature which directs flows to the catch basin located at the Tabb Avenue cul-de-sac. Page116 Municipality of Clarington Report PDS-036-22 Page 10 7.7 The EIS proposes compensation to justify the removal of the 0.21 ha Scotch Pine Plantation and 0.48 ha Cultural Thicket Swamp. The compensation will include a 15 metre vegetation protection zone totalling 1.45 ha. 7.8 The woodland feature associated with the Study Area is considered significant based on the Official Plan definition. However, the EIS supports refinement of the significant woodland boundary consistent with Section 3.4.4. of the Official Plan. The open space block north of the lots on Street A will be subject to an edge management plan and the area will require plantings to enhance the edge of the woodland boundary. The plantings will be monitored to ensure their survival. 7.9 An edge management plan is proposed to include re -vegetating 0.05 hectares of the 0.07 hectares of Scotch Pine Plantation that will be removed from Block 128 to accommodate the drainage swale. Only 0.02 hectares of the removals are associated with the Scotch Pine Plantation for the drainage swale. This EIS states this is consistent with section 3.4.17 of the Official Plan since there will be no net loss of the vegetation protection zone. 7.10 The EIS and the Functional Servicing and Stormwater Management Report have demonstrated that the drainage swale within Block 128 will be designed to meet policy 3.4.9 which permits low -impact development stormwater systems to be located within the vegetation protection zone. 7.11 It is recommended that clearing of trees be avoided during bird breeding season. If bat maternity roost habitat is found, then vegetation removals will need to occur during non - active bat periods. 7.12 Although no botanical species at risk and/or species of conservation concern were identified, three species rare in Durham Region were observed, Hoary Willow, Canada Hawkweed and Large Yellow Lady's-slipper. It is recommended that these species be transplanted prior to vegetation removal activities. Noise Control Feasibility Study, Candevcon Limited, March 1, 2022 7.13 A Noise Control Feasibility Study was completed for the subject lands. The lot that flanks Nash Road at Street B will require acoustic fencing to protect the rear yard from vehicular traffic noise on Nash Road. Some lots adjacent to Nash Road and Hancock Road will require an air heating system designed to accommodated central air conditioners in the future. Phase One and Two Environmental Site Assessments 7.14 Phase One Environmental Site Assessments (ESA) were prepared by OHE. Potential environmental concerns related to previous uses resulted in a recommended Phase 2 Page117 Municipality of Clarington Report PDS-036-22 Page 11 Environmental Site Assessment, A Phase 2 Environmental Site Assessment report was provided for 3090 Hancock Road. 7.15 A Soil and Ground Water Impact Delineation investigation was completed. It concluded that additional work is required for the 3090 Hancock Road site including remediation/risk assessment prior to submission of a Record of Site Condition. Urban Design Brief, The Biglieri Group Ltd., revised June 2020 7.16 The brief demonstrates how the proposal should align with the General Architectural Design Guidelines and the policies of the Clarington Official Plan. Architectural elements are to be integrated and consistent with the existing character of the adjacent neighbourhood. Transportation Impact Study, WSP, April 2018 and addendums dated July 13, 2020 and March 2, 2022 7.17 The Transportation Impact Study demonstrates that the traffic generated by the proposal can be accommodated by the existing road network. The proposed parking supply satisfies Clarington's requirements. The subject site is also within proximity of active transportation facilities such as sidewalks and the on -road cycling facility on Nash Road. Stage 1 Archaeological Assessment, Archaeological Assessments Ltd., January 8, 2018 7.18 The results of the Stage 1 assessment indicate that most of the subject property has potential for archaeological resources. It recommended a Stage 2 archaeological assessment be completed prior to the development of this parcel of land. No soil disturbance or development activities should take place on the subject property until after a Stage 2 archaeological assessment has been completed. 8. Public Notice and Submission 8.1 A public meeting was held on October 22, 2019. Due to an error with the public meeting mailout, an additional Statutory Public meeting was held on May 16, 2022. Public notice was mailed to each landowner within 120 metres of the subject lands and signage was posted on the property. 8.2 The application was posted on the municipality's website. The details of the application were included in the Planning and Development Services E-Update. 8.3 A letter was sent to all interested parties advising them that the recommendation was scheduled and details as to how they could register as a delegation. Page118 Municipality of Clarington Report PDS-036-22 8.4 A list of concerns identified by residents included: Page 12 • There will be increased traffic in the neighbourhood. Also, increased traffic on Hancock Road as the only access to the subdivision until lands to the west are developed will be via Hancock Road; • Concerns with parking on public streets given the number of dwellings and townhouses being proposed; • Many residents walk on Hancock Road, which is a rural road, and the increased traffic makes it dangerous as there are no sidewalks; • The proposed development is not in keeping with the existing rural residential neighbourhood character. There are no townhouses in the surrounding neighbourhood; • Concerns with the trees that will be removed to facilitate the development; • Durham Region Transit does not service this neighbourhood; • Townhouses will target lower income families and devalue the neighbourhood; • Concern regarding potential impact on resident wells and septics in the neighbourhood; • The lands to the east, currently agricultural lands, drain towards the neighbourhood and can cause a lot of standing water on properties, especially during the spring months. Some residents are concerned the development may increase the amount of water on their properties or the potential for flooding on their property; • Concerns regarding the proposed servicing to ensure it is consistent with previous development approvals to the west; • Questions and concerns regarding the remediation of the former auto wrecker yard on the lands at 3090 Hancock Road; • Concern with abandoned houses on site that are not secure; • Impact on local parks and schools with an increase in population in the surrounding neighbourhood; and • Concerns regarding loss of greenspace, protection of environmental lands and adjacent provincially significant wetlands. Lack of recognition of forested area, wetland and tributary on site. 8.5 A petition was received with approximately 100 names from individuals residing in the area. They are opposed to townhouses, urban sprawl, no additional parkland and environmental impact to the loss of open space, farmland and wildlife habitats. Page119 Municipality of Clarington Report PDS-036-22 Page 13 Solutions offered by the developer to address these concerns included single detached units surrounding 1 block of semi-detached units and maintaining green space with a buffer between the Duval Street Homes. 9. Agency Comments Regional Municipality of Durham 9.1 Region of Durham Planning and Economic Development Department advises that the draft plan has been reviewed and provided comments regarding Provincial Plan Policies, Regional Plan Policies, municipal services, transportation, and transit. 9.2 The Region states the lands are designated as Living Area and are intended for housing purposes ranging in a mix of housing types, sizes, and tenure. 9.3 According to Schedule `B', Map `B1 e' of the Regional Official Plan (ROP), there are Key Natural Heritage and Hydrologic Features (KNHHF) on and adjacent to the subject site. The ROP requires any proposal for development or site alteration in proximity to KNHHF to include an Environmental Impact Study (EIS) as part of a complete application. An addendum letter to the earlier updated scoped Environmental Impact Study (EIS), prepared by Dillon Consulting and dated March 4, 2022, was submitted in support of the applications and to address comments made by the Central Lake Ontario Conservation Authority (CLOCA). CLOCA has indicated that the issue of compensation plans may be facilitated. As such, the applications conform to the policies of the ROP 9.4 A Stage 1 Archaeological Site Assessment prepared by Archaeological Assessments Ltd. The findings concluded that a portion of the subject site may potentially contain archaeological resources requiring a Stage 2 Archaeological Assessment. The report will have to be submitted to the Ministry of Tourism, Culture and Sport for review. The Region will require a copy of the MTCS' clearance letter and any additional supporting information. 9.5 The Region requires copies of all Phase 2 Environmental Site Assessments to be submitted along with a timeline regarding the preparation and submission of Record of Site Conditions (RSC) to the province. 9.6 A signed RSC will be required for the former automotive recycling facility site in accordance with Ontario Regulation 153/04 (Ontario Brownfields Regulation). The Region will require a copy of the RSC and any other supporting documentation, including Ministry of Environment Conservation and Parks's Acknowledgement Letter. 9.7 An RSC will also be required for all properties where exceedances were discovered in any of the Phase Two ESA in accordance with the Region's Site Contamination Protocol. Where exceedances have not been discovered in a Phase Two ESA and Page120 Municipality of Clarington Report PDS-036-22 Page 14 where the Phase One ESA has not identified any additional site contamination work, the Qualified Person may provide the Region with a completed Regional Reliance Letter and Certificate of Insurance. Completion of these documents will allow the Region of Durham to rely upon the environmental work conducted. 9.8 The subject site is located adjacent to Nash Road, designated as a Type "B" arterial road in the ROP. A Noise Control Feasibility Study, prepared by Candevcon Limited, dated March 1, 2022, was submitted in support of the revised draft plan. The noise feasibility study included with the fifth submission is acceptable to the Region. The proponent is required to implement the recommendations and warning clauses as required by a development agreement with the Municipality of Clarington. 9.9 The proposed sewage flow is within the anticipated sanitary design flow range for the subject property. Sanitary servicing and water supply will be provided from existing sanitary sewers and watermains on Harry Gay Drive, Broome Avenue, Tabb Avenue, Hancock Road and Nash Road. 9.10 No concerns were noted with the proposed development from a Regional Transportation Planning perspective. 9.11 The Region has no objection to the draft approval of the plan of subdivision application subject to including conditions of approval to be satisfied prior to clearance by the Region for registration. Central Lake Ontario Conservation Authority 9.12 Staff at the Central Lake Ontario Conservation Authority (CLOCA) have completed their review of the proposed plans and supporting materials for the Draft Plan of Subdivision S-C-2018-0003 and associated Zoning By-law Amendment Application ZBA 2018-0014. The proposal is consistent with the Hancock Neighbourhood Design Plan and the Clarington Official Plan. 9.13 Final technical review comments were provided as well as the Conditions of Draft Plan approval to be applied on behalf of the Central Lake Ontario Conservation Authority by the Municipality of Clarington, as the final approval authority. To move the application forward, staff have integrated the remaining technical comments into the Conditions of Draft Approval, which will be required to be met prior to permit issuance and CLOCA's clearance of the Plan of Subdivision for registration. Kawartha Pine Ridge District School Board 9.14 The Simcoe County District School Board as the acting planning agency for the Kawartha Pine Ridge District School Board offered no objection to the application. They requested standard conditions be included in the draft conditions. Page 121 Municipality of Clarington Report PDS-036-22 Other Agencies Page 15 9.15 Canada Post, Hydro One, and Rogers have indicated that they have no concerns with the applications but request to be included in the detailed design process for servicing should the applications be approved. 10. Departmental Comments I In � rra►rc.�:� 10.1 The Public Works Department has no concerns; however, the applicant must enter into a development agreement with the Municipality which includes all requirements of the Public Works Department regarding the engineering and construction of all internal and external works and services related to this proposal. Emergency and Fire Services 10.2 The Emergency and Fire Services Department have no concerns with the applications. 11. Discussion 11.1 The subject lands are within the Hancock Neighbourhood in Courtice. The approved Hancock Neighbourhood Plan was designed through community consultation to balance the requirements of the Provincial Growth Plan, Durham Region Official Plan requirements and recognizing the existing natural heritage features in the area. The proposed Draft Plan of Subdivision, proposing single detached and semi-detached dwellings, the extension of Tabb and Broome Avenue's and new north -south and east - west local roads, is generally consistent with the Council approved Hancock Neighbourhood Design Plan. 11.2 When the Hancock Neighbourhood Plan was updated in 2013 there were many unknowns with regards to how redevelopment of the subject lands would occur. Specifically, how would land consolidation occur and would the existing dwellings remain or be removed. As the majority of lands have been consolidated it provides an opportunity to develop a subdivision that is consistent with the Hancock Neighbourhood Plan while introducing new elements consistent with the policies of the Clarington Official Plan. 11.3 The applicants have revised the proposal from the original submission to address several comments from residents and staff. The proposed subdivision introduces an intersection with Nash Road. The intersection is not shown on the approved Hancock Neighbourhood Design Plan. At the first public meeting in 2019, residents expressed concerns regarding new traffic having to travel through the existing neighbourhoods to access the proposed dwellings and the negative impact that additional traffic would Page122 Municipality of Clarington Report PDS-036-22 Page 16 create. The proposed new intersection to Nash Road would eliminate the need for all traffic to traverse through the existing neighbourhood and creates improved connectivity throughout the neighbourhood. This additional intersection is supported by staff to allow all circulation, vehicular and pedestrian, to flow better through the neighbourhood. The proposed intersection also allows for the north -south road to be located centrally in the neighbourhood and eliminates the previous requirements from a number of temporary turning circles. 11.4 The subject lands include natural heritage features identified in the Clarington Official Plan and Hancock Neighbourhood Plan including a woodlot and Provincially Significant Wetlands at the north of the site. The applicants have provided a revised Environmental Impact Study (EIS) that has been reviewed and accepted by the Central Lake Ontario Conservation Authority and staff. As described in Section 7, the EIS has demonstrated the appropriateness of adjusting the significant woodland and associated vegetation protection zone. There is a wetland feature and areas of a Scotch Pine Plantation that will be removed from the site. CLOCA and Staff had reviewed the proposal and are satisfied provided compensation and edge management is provided for the area to be removed. 11.5 The applicant had identified areas for compensation and edge management on private lands. They had been advised that those areas would only be accepted if the third -party owners would provide a conservation easement over the area identified for compensation and edge management to ensure the works were protected for ecological benefit. The applicant was unable to secure agreement from the third -party property owners to enter into the conservation easement. 11.6 Since an appropriate location for compensation had not been secured, financial compensation will be required. The amount will include ecological offsetting for the loss of the features and their vegetation protection zones. 11.7 Through the review of the proposal, Staff directed the applicant to remove infiltration swales from proposed lots as it is difficult to ensure they are maintained on private property. The infiltration trench located north of the subject lands will be transferred to the Municipality and will be partially located within the vegetation protection zone for the significant woodlands located to the north of the site. Policy 3.4.9 of the Official Plan permits low -impact development stormwater systems such as bioswales, infiltration trenches and vegetated filter strips to be permitted within the vegetation protection zone provided that the intent of the vegetation protection zone is maintained, and it is supported by the Environmental Impact Study. The applicant has demonstrated that the area subject to the edge management plan will replicate the forested community in densities that would constitute closed or near closed canopy conditions at maturity and will more than make up for the area needed for the drainage swale. Page123 Municipality of Clarington Page 17 Report PDS-036-22 11.8 There are existing drainage concerns on the subject lands that have been previously identified by residents and staff. Currently, the lands to the east of Hancock Road drain through the subject lands and into a temporary ditch inlet. The ditch inlet was intended to be a temporary structure, required as part of the previous approvals for the existing neighbourhood to the west, to deal with the natural drainage and stormwater until development and services extended east to Hancock Road. With proposed upgrades to the storm sewers on Nash Road and Hancock Road, stormwater flows from the subject lands will be directed to them and will flow to the Macourtice stormwater management pond at the southeast corner of Courtice Road and Nash Road. 11.9 The applicant has conducted as -built surveys of the Macourtice stormwater management pond and demonstrated that the quantity, quality and erosion volumes of the pond are adequate for the entire area of the proposal. 11.10 The applicant will be required to reconstruct portions of Nash Road and Hancock Road to service the proposal. The Municipality will undertake improvements at the intersection and once the intersection control study is complete the scope of work the applicant is responsible for will be identified. The applicant will need to enter into a separate agreement with the Municipality that will specify the extent of works, the necessary maintenance periods, and the required securities. 11.11 The applicant provided a revised draft plan (Attachment 2) after the last submission was reviewed by departments and agencies. The change accommodated a slight shift in the lot fabric to provide two semi-detached lots on Broome Avenue near Nash Road with 20 metre lot frontages in order to comply with the proposed zoning. 11.12 As a condition of approval, we have requested a revised Urban Design Brief that will include design concepts for gateway treatments, landscape treatments, lighting fixtures, fencing details and related design issues for the public realm. Addressing Comments and Concerns from Residents 11.13 The major concerns regarding the proposal as provided by the public are: • Increased Traffic • Not enough parkland/crowding • Identification and protection of environmental features; loss of greenspace. • Flooding, stormwater management impact on water levels. • Unsecured and abandoned houses Page124 Municipality of Clarington Report PDS-036-22 The following sections address these concerns. Page 18 11.14 The Transportation Impact Study was reviewed and accepted by Public Works. The Region had no concerns from a Transportation perspective. It should be noted that Nash Road is a Type B Arterial Road and is designed to move significant volumes of traffic. Hancock Road is identified as a Collector Roads and is designed to move moderate volumes of traffic. Although the stretch of Nash Road may have a `country road' feel, it does constitute the urban boundary for Courtice and is expected to be urbanized. 11.15 The improvements to Hancock Road, will include installation of sidewalks offering improved conditions for pedestrians. 11.16 The Owner is required to submit to CLOCA an updated Hydrogeological Site Assessment which includes 1 year of continuous groundwater monitoring. The monitoring will be required to confirm dewatering requirements and potential impacts to environmental features and private wells (temporarily or permanent). The updated report will be required to provide contingency measures to mitigate any adverse impacts. 11.17 Staff are proposing to include a definition for soft landscaping in the Draft Zoning By-law Amendment (Attachment 3) and a regulation that requires 25 percent of the landscape open space to be soft landscaping. The current definition of landscaping includes hardscape. Since infiltration has been identified as a concern, a change in approach is warranted to control the number of impervious surfaces. 11.18 CLOCA has confirmed that all stud ieslinventories relating to the Environmental Impact Study followed the approved protocols. The small wetland and remnant drainage feature that is located from Hancock Road through the property connecting to the catch basin on Tabb Avenue were determined to be disconnected due to development of approved subdivisions that have developed in the area. The drainage feature was determined not to be a watercourse as it does not contain fish habitat and is not connected to another water feature. 11.19 As depicted in Attachments 4 and 5 the amount of green space identified for protection in the Hancock Neighbourhood increased substantially between the 1998 and 2013 approvals. This proposal is not proposing to remove any of the approved green space lands and is consistent with the approved Hancock Neighbourhood Design Plan. It is expected that some of those concerned moved into the neighbourhood after the approval process and were not aware that the lands they perceived as green space had not been identified as such. 11.20 There is concern with flooding associated with a drainage swale behind lots on the east side of Duvall Street. This swale was established as a temporary drainage solution Page125 Municipality of Clarington Report PDS-036-22 Page 19 when the lands on Duvall Street developed. It should be resolved when the area is urbanized. 11.21 Stormwater is designed to go to the stormwater management pond located at the southeast corner of Courtice Road and Nash Road. The pond provides quality and quantity treatments before it outlets into Black Creek. The pond has been reviewed by the Municipality and Central Lake Ontario Conservation Authority. 11.22 Harry Gay Park is designed to serve the broader neighbourhood depicted in the Neighbourhood Design Plan (Attachment 6) and not just those within the immediate vicinity. There is another park in the neighbourhood on Moyse Drive. Harry Gay Park does have a water feature and soccer field which makes it a popular destination. 11.23 When there are buildings and structures on a site subject to a development proposal, they are sometimes left vacant until approvals are in place. Developers typically do not demolish until they are satisfied their approvals will be in place in time to receive credits for development charges. The development charge credit is only available for a period following demolition. If the credit period expires the respective development charge would be applied to the development. Credit is provided by the Municipality of Clarington for five years, by the Region of Durham for ten years and from the Public and Separate School Boards for two years. 11.24 As a condition of approval, the applicant is required to complete a Stage 2 Archaeological Assessment. This must be done prior to demolition of vacant buildings and structures on the property. It is expected that this work will be completed in the coming weeks at which time the developer would be in a position to apply for demolition permits. 12. Financial Considerations Not applicable. 13. Concurrence The Deputy CAO/Treasurer has reviewed the report. Page126 Municipality of Clarington Report PDS-036-22 14. Conclusion Page 20 In consideration of all agency, staff and public comments, it is respectfully recommended that the application for Draft Plan of Subdivision and the Zoning By-law Amendment, as submitted by Nash Development limited (Marlin Spring), be supported and approved, subject to the Proposed Conditions of Draft Approval included in Attachment 1. Staff Contact: Tracey Webster, Principal Planner, (905) 623-3379 ex. 2415 or twebster@clarington.net. Attachment 1: Proposed Conditions of Draft Approval Attachment 2: Draft Pan of Subdivision Attachment 3: Draft Zoning By-law Attachment 4: 1998 Neighbourhood Design Plan Attachment 5: 2013 Neighbourhood Design Plan with subject lands identified Attachment 6: Approved Hancock Neighbourhood Plan Natural Heritage System with subject lands identified Attachment 7: Subject lands and surrounding development applications since 2013 Attachment 8: May 2018 Draft Approved Plan of Subdivision Attachment 9: Revised Draft Plan of Subdivision Interested Parties: List of Interested Parties available from Department. Page127 Attachment 1 to Report PDS-036-22 CONDITIONS OF DRAFT APPROVAL File Number: S-C-2018-0003 Issued for Concurrence: Notice of Decision: Draft Approved: _ Carlos Salazar, MCIP, RPP Director of Planning and Development Services Municipality of Clarington Part 1 — Plan Identification The Owner shall have the final plan prepared on the basis of approved draft plan of subdivision S-C-2018-0003 prepared by WSP identified as job number 18M- 00161-00, dated April 25, 2022, which illustrates 13 lots for 26 semi-detached dwelling units, 112 single detached dwelling units, five blocks for 0.3m reserves, a future development block, road widenings, a servicing block, an open space block, the extension of Broome Avenue and three roads. Part 2 — General 2.1 The Owner shall enter into a subdivision agreement with the Corporation of the Municipality of Clarington (the "Municipality") that contains all the terms and conditions of the Municipality's standard subdivision agreement respecting the provision and installation of roads, services, drainage, other local services and all internal and external works and services related to this plan of subdivision. A copy of the Municipality's standard subdivision agreement can be found at https://www.clarington.net/en/business-and-development/resources/Land- Development-and-Building/Subdivision-Agreement-AODA.pdf 2.2 The Owner shall name all road allowances included in the draft plan to the satisfaction of the Municipality and the Regional Municipality of Durham (the "Region"). 2.3 All works and services must be designed and constructed in accordance with the Municipality's Design Guidelines and Standard Drawings. Page 11 Page128 Architectural Control 2.4 (1) The Owner shall be 100% responsible for the cost for the "Control Architect" to review and approve all proposed models and building permits, to the satisfaction of the Director of Planning and Development Services. (2) No residential units shall be offered for sale to the public on the draft plan until such time as the designs have been approved in accordance with architectural control guidelines. Given the unique configuration of Lots 93, 99 and 100 special model designs, and driveway locations may be required. The models for these lots are to be submitted to the control architect for approval. (3) No building permit shall be issued for the construction of any building on any residential lot or block on the draft plan, until the exterior architectural design of each building and the location of the building on the lot has been approved by the Director of Planning and Development Services. Marketing and Sales 2.5 (1) The Owner shall prepare a Land Use Plan which shows the draft plan and surrounding land uses. The Land Use Plan shall be in a format approved by the Director of Planning and Development Services. (2) The Owner shall erect and maintain a sign on the development site and/or in the sales office which shows the Land Use Plan as approved by the Director of Planning and Development Services. (3) The Owner shall submit its standard Agreement of Purchase and Sale to the Director of Planning and Development Services which includes all warning clauses/notices prior to any residential units being offered for sale to the public. Site Alteration 2.6 Draft plan approval does not give the Owner permission to place or dump fill or remove fill from or alter the grade of any portion of the lands within the draft plan. The Owner shall be required to obtain a permit from the Municipality under Site Alteration By-law 2008-114, as amended, for any such work. If any portion of the lands are within an area regulated by a conservation authority, the Owner shall obtain a permit from the conservation authority in addition to obtaining approval from the Director of Public Works regarding the intended haulage routes, the time and duration of the site alteration work and security relating to mud clean up, road damage and dust control in accordance with the Dust Management Plan in Section 4.7. After registration of a subdivision agreement, the provisions of the Municipality's standard subdivision agreement shall apply to any proposed site alteration on the lands covered by the subdivision agreement. Page 12 Page129 Part 3 — Final Plan Requirements 3.1 The following road allowances shown on the draft plan shall be dedicated to the Municipality upon registration of the final plan: (a) Street A (b) Broome Avenue (c) Street B (d) Street C 3.2 The Owner shall transfer to the Municipality (for nominal consideration free and clear of encumbrances and restrictions) the following lands and easements: (a) Road Widenings • A 3.0 metre road widening across the entire frontage of Hancock Road shown as Block 132 on the draft plan. • A 5.0 metre road widening across the entire frontage of Nash Road shown as Block 133 on the draft plan. (b) Reserves • 0.3 metre reserves along Street A and Street B (Blocks 129, 134-137). (c) Open Space Lands as shown in Block131 on the draft plan. (d) Other • A 3.0 metre servicing block shown as Block 130 to contain the storm sewer between Street A and Broome Avenue. This block will serve as an overland flow route and pedestrian walkway. Part 4 —Plans and Reports Required Prior to Subdivision Agreement/Final Plan Registration The Owner shall submit the following plans and report or revisions thereof: Phasing Plan 4.1 This draft plan shall be developed in one registration only. Environmental Impact Study 4.2 The Owner is responsible for satisfying the recommendations and mitigation measures of the "Updated Scoped Environmental Impact Study, Hancock Neighbourhood Northwest, Courtice, Ontario" as contained in the report prepared by Dillon Consulting and dated November 2018 (revised July 2019, September 2020, April 2021) and Addendum #1, Hancock Neighbourhood Northwest, Environmental Impact Study Draft Plan of Subdivision Application S-C-2018- 0003, prepared by Dillon Consulting, dated March 2, 2022. This includes Page 13 Page130 submission of the following plans to the Central Lake Ontario Conservation Authority and Municipality of Clarington: (a) Integrated Stormwater Management Plan and Low -Impact Design. The design of the drainage swale located within Block 131 must conform to Section 3.9 of the Clarington Official Plan. (b) Wildlife Impact Mitigation Plan (c) Erosion and Sediment Control Plan (d) Environmental Monitoring Plan (e) PSW Monitoring/ Mitigation Plan Restoration and Edge Management Plan 4.3 The Owner shall submit for approval, a Restoration and Edge Management Plan to the Municipality of Clarington and the Central Lake Ontario Conservation Authority for Open Space Block 131. This must include a 2-year environmental monitoring plan to ensure the long-term survival and growth of the plant material. Noise Report 4.4 The Owner shall submit to the Director of Public Works, the Director of Planning and Development Services and the Region, for review and approval, an updated noise report, based on the preliminary noise report entitled "Noise Control Feasibility Study, Proposed Residential Subdivision, Nash Road and Hancock Road NW", prepared by Candevcon, dated May 2, 2018, and updated March 1, 2022, Project No. W22003. Functional Servicing 4.5 The Owner shall submit an updated Functional Servicing Report if required and to the satisfactory to the Director of Public Works and Central Lake Ontario Conservation Authority. Urban Design Brief 4.6 The Owner shall submit an addendum to the Urban Design Brief to the satisfaction of the Director of Planning and Development Services and Director of Public Works for approval. The revised brief shall include design concepts for gateway treatments, landscape treatments, lighting fixtures, fencing details and related design issues for the public realm. All Engineering Drawings shall conform with the approved Urban Design Brief. Environmental Sustainability Plan 4.7 The Owner shall submit Environmental Sustainability Plan to the satisfaction of the Director of Planning and Development Services. Such plan shall identify the measures that the Owner will undertake to conserve energy and water in excess Page 14 Page 131 of the standards of the Ontario Building Code, reduce waste, increase recycling of construction materials and utilize non -toxic, environmentally sustainable materials and finishes. Soils Management Plan 4.8 Prior to Authorization to Commence, the Owner shall provide a Soils Management Plan for review and approval by the Director of Public Works. Such plan shall provide information respecting but not limited to any proposed import or export of fill to or from any portion of the Lands, intended haulage routes, the time and duration of any proposed haulage, the source of any soil to be imported, quality assurance measures for any fill to be imported, and any proposed stockpiling on the Lands. All imported material must originate from within the Municipality of Clarington. The Owner shall comply with all aspects of the approved Soils Management Plan. The Director may require the Owner to provide security relating to mud clean up, dust control and road damage. Dust Management Plan 4.9 Prior to Authorization to Commence Works, the Owner is required to prepare a Dust Management Plan for review and approval by the Director of Public Works Such plan shall provide a practical guide for controlling airborne dust which could impact neighbouring properties. The plan must: (a) identify the likely sources of dust emissions; (b) identify conditions or activities which may result in dust emissions; (c) include preventative and control measures which will be implemented to minimize the likelihood of high dust emissions; (d) include a schedule for implementing the plan, including training of on -site personnel; (e) include inspection procedures and monitoring initiatives to ensure effective implementation of preventative and control measures; and (f) include a list of all comments received from the Municipality, if any, and a description of how each comment was addressed. Fa5 Page132 Part 5 —Special Terms and Conditions to be Included in the Subdivision Agreement Parkland 5.1 The Owner shall pay to the Municipality by cash or certified cheque, a cash -in - lieu of parkland payment in accordance with Section 51.1 of the Planning Act based on the value of lands to be developed, on the day before the approval of the draft plan of subdivision. The determination of the appropriate parkland payment will be based on the number of units approved in the subdivision. Future Development Block 128 for a further 4 single detached lots will be included in the Parkland Dedication The value of lands shall be determined by a land appraisal to the satisfaction of the Director of Planning and Development Services and the alternative rate formula shall be included in the appraisal report. Compensation 5.2 The Owner agrees to provide financial compensation in the amount of $329,684 to the Municipality of Clarington for the removal of natural features on the subject property in accordance with the Updated Scoped Environmental Impact Study, Dillon Consulting dated November 2018 (revised July 2019, September 2020, April 2021) and Addendum #1, dated March 4, 2022. The payment of financial compensation for the removal of natural features is required prior to finalization and execution of the subdivision agreement and is subject to the satisfaction of the Director of Planning and Development Services. Noise Attenuation 5.3 (1) The Owner shall implement the noise attenuation measures recommended in the updated noise report entitled "Noise Control Feasibility Study, Proposed Residential Subdivision, Nash Road and Hancock Road NW" prepared by Candevcon Limited and dated March 1, 2022 (the "Noise Report"). (2) The Owner shall not make an application for a building permit for any building on the Lands until an acoustic engineer has certified that the plans for the building are in accordance with the recommendations contained in Section 7 of the Noise Report. Page 16 Page133 Part Lots or Blocks 5.4 Block 128 (Future Development Block) shall be graded, seeded and maintained by the Owner to the satisfaction of the Director of Public Works. Existing Structures 5.5 The Owner shall obtain demolition permit(s) to remove all existing buildings and structures from the Lands unless such buildings or structures are to be preserved for heritage purposes. Decommissioning of Wells 5.6 Prior to registration, the Owner shall provide confirmation to the Director of Planning and Development Services that all wells on site were decommissioned in accordance with Ontario Regulation 903. Lot Siting Plans 5.7 The Owner shall prepare lot siting plans for lots 93, 99 and 100 showing the location of the attached garage, driveway, and required noise fencing and grades. Nash Road and Hancock Road Urbanization 5.8 Prior to registration, the Owner will be required to enter into a separate agreement with the Municipality for the reconstruction of Nash Road and Hancock Road. The agreement shall specify the extent of works, the necessary maintenance periods, and the required securities. The road must be constructed concurrently with the development of this site. Homeowners Package 5.9 The Owner shall prepare an educational Homeowners Package informing all residents of the sensitive environmental features in the area to the satisfaction of the Municipality and the Central Lake Ontario Conservation Authority. Part 6 — Agency Conditions Region of Durham 6.1 (1) The Owner shall agree in the Municipality of Clarington Subdivision Agreement to implement any recommendations of the report, entitled "Noise Control Feasibility Study, Proposed Residential Subdivision, Nash Road and Hancock Road NW" prepared by Candevcon Limited, dated May 2, 2018, and updated March 1, 2022, which specifies noise attenuation measures for the development. The measures shall be included in the Subdivision Agreement and must also contain a full and complete reference rage 17 Page 134 to the noise report (i.e., author, title, date and any revisions/addenda) and shall include warning clauses identified in the study. (2) The Owner shall submit any red -line revision(s) to the Draft Plan to the Region of Durham to address any issues as they may be identified during the continued review of the application and/or at the detailed design stage of plan review. (3) Prior to the finalization of this plan of subdivision, the Owner must provide satisfactory evidence to the Regional Municipality of Durham in accordance with the Region's Soil and Groundwater Assessment Protocol to address site contamination matters. Such evidence may include the completion of a Regional Reliance Letter and Certificate of Insurance. Depending on the nature of the proposal or the findings of any Record of Site Condition (RSC) Compliant Phase One Environmental Site Assessment (ESA), an RSC Compliant Phase Two ESA may also be required. The findings of Phase Two ESA could also necessitate the requirement for an RSC through the Ministry of the Environment, Conservation and Parks, accompanied by any additional supporting information. (4) The Owner shall carry out an archaeological assessment of the subject property and mitigation and/or salvage excavation of any significant heritage resource to the satisfaction of the Ministry of Heritage, Sport, Tourism and Culture Industries (MHSTCI). No grading or other soil disturbance shall take place on the subject property prior to a letter of clearance from the MHSTCI. (5) The Owner shall submit plans showing the proposed phasing to the Region of Durham and the Municipality of Clarington for review and approval if this subdivision is to be developed by more than one registration. (6) The Owner shall grant to the Region any easements required to provide Regional services for this development and these easements shall be in the locations and of such widths as determined by the Region (7) The Owner shall provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within, the limits of this plan that are required to service this plan. In addition, the Owner shall provide for the extension of sanitary sewer and water supply facilities within the limits of the plan which are required to service other developments external to this subdivision. Such sanitary sewer and water supply facilities are to be designed and constructed according to the standards and requirements of the Region. All arrangements, financial and otherwise, for said extensions are to be made to the satisfaction of the Region of Durham and are to be completed prior to final approval of this plan. Page 18 Page 135 (8) Prior to entering into a subdivision agreement, the Region shall be satisfied that adequate water pollution control plant and water supply plant capacities are available to the proposed subdivision. (9) The Owner shall satisfy all requirements, financial and otherwise, of the Region. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Region concerning the provision and installation of sanitary sewers, water supply, roads and other regional services. Conservation Authority 6.2 (1) That prior to any on -site grading or construction or final approval of the plan, the Owner shall submit to, and obtain approval from the Central Lake Ontario Conservation Authority and the Municipality of Clarington for reports/plans describing the following: (a) The intended means of conveying storm water flow from the site, including the use of stormwater techniques which are appropriate and in accordance with provincial guidelines, as amended. (b) A comprehensive Stormwater Management/Functional Servicing Report (SWMR/FSR), which clearly articulates the drainage assumptions and directs the site -specific stormwater management control requirements for the site. The SWMR/FSR must include plans and analysis to verify that there will be no adverse impacts to downstream areas and adjacent lands. (c) Details on the design, installation, access, maintenance, and monitoring of low Impact Development (LIDs) stormwater management measures, as identified in an updated Stormwater Management/Functional Servicing Report (SWMR/FSR). The details shall include further analysis of water table levels and the recommended LID measures. Estimates and a map of how much each LID will add to infiltration compared to predevelopment given the varied groundwater levels must be provided. The consideration of LIDs shall include measures supporting the treatment train approach to stormwater management, and measures to maintain pre and post development water balance, to the satisfaction of CLOCA. The results of in -situ infiltration rate testing shall be provided to CLOCA in support of the detailed design. (d) Details on the sizing and design of infiltration trench(es) based on seasonally high groundwater levels derived from monitoring hydrographs and in -situ infiltration tests following Appendix C of the LID Stormwater Management Planning and Design Guideline (CVC- TRCA v1.0, 2010). Support discussions with plan and cross sections will also be required. Page 19 Page136 (e) The appropriate location of any stormwater management and foundation drainage collection system outlets and any required mitigation measures to ensure that the foundation drainage collection system will not negatively impact the quality of groundwater resources or cause erosion, and is supported by acceptable data. (f) Confirmation of the pond spillway dimensions upon completion of the stormwater management pond cleanout. (g) The intended means whereby erosion and sedimentation and their effects will be minimized on the site during and after construction, in accordance with provincial and Conservation Authority guidelines. All actions to be taken to prevent an increase in the concentration of suspended solids in any water body because of on -site, or other related works. (h) That all Erosion and Sedimentation Control Plans shall specifically include: i. Silt sacks be used in all catch basins as identified as Note 11 on Drawing ERS. ii. Notes regarding temporary pond construction under the "construction sequencing, timing, and decommissioning notes. iii. Notes indicating the immediate stabilization of all side slopes associated with temporary ponds. iv. Details on how the external drainage east of Hancock Road will be captured/conveyed during construction. v. Details for the protection of all topsoil stockpile locations and associated erosion and sediment controls. (i) That the Owner shall provide final calculations and plans that demonstrate how the external drainage east of Hancock Road will be captured and conveyed through the development. (j) That the Owner shall submit for review and approval to CLOCA an updated Hydrogeological Site Assessment which includes 1 year of continuous groundwater monitoring, in accordance with CLOCA's SWM Guideline (2020), to capture the seasonally high and low groundwater levels. The monitoring will be required to confirm dewatering requirements and potential impacts to environmental features and private wells (temporarily or permanent). The updated report will be required to provide contingency measures to mitigate any adverse impacts. (2) That this plan be subject to red -line revision to the satisfaction of the Central Lake Ontario Conservation Authority and the Municipality of Clarington to address the resolution of any functional and detailed design stormwater management issues, as they may be identified during the continued review of the application and/or at the detailed design stage of plan review. Page 110 Page137 (3) That the proposed means of managing stormwater within the receiving downstream pond, demonstrating the pond is large enough to accommodate all flows to the satisfaction of the Central Lake Ontario Conservation Authority and the Municipality of Clarington. Should additional capacity be required, this must be contained within the development limit, or a retrofit of the downstream pond may be considered, subject to the review and approval of CLOCA. (4) That the Owner prepare a Restoration and Edge Management Plan, consisting of a robust and dense renaturalization of native, self-sustaining vegetation as it pertains to the Scotch Pine removals for the rear lot drainage swale in Open Space Block 131, to the satisfaction of the CLOCA. (5) That the Owner submit a 2-year environmental monitoring plan for the purpose of ensuring the plantings within Open Space Block 131 has been completed and is successful, to the satisfaction of CLOCA. (6) That boundary fencing be installed to the satisfaction of the Municipality of Clarington at the open space/urban development interface for Open Space Block 131. This boundary fence will extend from the most western boundary of Lot 1 to the most eastern boundary of Lot 26, to limits of the future road widening of Block 132. Prior to registration, the Owner shall confirm no access gates from private residential lands have been installed. (7) The Owner shall prepare an educational Homeowners Package informing all residents of the sensitive environmental features in the area. Should rain barrels be introduced, the Homeowners Package is to provide information on how they function and how their use can positively impact the environment. (8) That Open Space Block 131 be conveyed to the Municipality of Clarington. (9) That the Owner agrees to carry out the work according to all the report and technical studies approved by CLOCA as part of this application. (10) That prior to any grading, site alteration, construction or final approval of the plan or phase of the plan, the Owner shall obtain all required permits from the Central Lake Ontario Conservation Authority pursuant to the requirements of the Conservation Authorities Act. (11) That the Owner provide the Central Lake Ontario Conservation Authority with all outstanding review fees in accordance with the applicable rate at the time of the request for clearance. (12) That the Owner satisfy all financial requirements of the Central Lake Ontario Conservation Authority. This shall include Application Processing Fees Page 111 Page138 and Technical Review Fees owing as per the approved Authority Fee Schedule. (13) That the Subdivision Agreement between the Owner and the Municipality of Clarington shall contain, among other matters, the following provisions: (a) The Owner agrees to carry out the works referred to in Conditions 1 to 17 to the satisfaction of the Central Lake Ontario Conservation Authority. (b) The Owner agrees to maintain all storm water and erosion and sediment control structures operating and in good repair during the construction period, in a manner satisfactory to the Central Lake Ontario Conservation Authority. (c) The Owner agrees to advise the Central Lake Ontario Conservation Authority 48 hours prior to the commencement of grading or initiation of any on -site works. (d) The Owner agrees to include provisions within the Subdivision Agreement to prohibit private gates being installed between the private landowners and Block 131. (e) The Owner agrees to obtain the required permits pursuant to the Conservation Authorities Act prior to any development taking place on the site. (f) The Owner agrees to satisfy all financial requirements of the Central Lake Ontario Conservation School Board 6.3 (1) All Subdivision Agreements for the subject draft Plan between the Municipality of Clarington and the Subdivider contain a requirement that all offers of Purchase and Sale Agreements contain a statement that if school buses are required within the plan, that in accordance with the Board Transportation policies school bus pick up points will generally be located on a through street at a location convenient to the Student Transportation Services of Central Ontario. (2) All Subdivision Agreements for the subject draft Plan between the Municipality of Clarington and the Subdivider contain a requirement that all offers of Purchase and Sale Agreements contain a statement that advises the prospective purchaser that attendance at the public schools on designated sites in the community are not guaranteed. Attendance as schools in the area yet to be constructed is also not guaranteed. Pupils may be accommodated in temporary facilities and/or be directed to schools outside the area in accordance with continued development and accommodation pressure. Page 112 Page139 Ministry of Heritage, Sport, Tourism and Culture Industries (MHSTCI). 6.4 (1) No demolition, grading or other soil disturbances shall take place on the lands prior to the Ministry of Heritage, Sport, Tourism, and Culture Industries confirming that potential adverse impact to the archaeological resources identified in the archaeological assessment prepared by Archaeological Assessments Ltd, and dated January 8, 2018, have been addressed through measures such as preservation, resource removal, licensing and resource conservation requirements. Canada Post Corporation 6.5 (1) The Owner covenants and agrees to provide the Municipality of Clarington with evidence that satisfactory arrangements, financial and otherwise, have been made with Canada Post Corporation for the installation of concrete pads as required by Canada Post Corporation and as shown on the approved engineering design drawings/Draft Plan, at the time of sidewalk and/or curb installation. The Owner further covenants and agrees to provide notice to prospective purchasers of the locations of the Community Mail Boxes and that home/business mail delivery will be provided via Community Mail Boxes. (2) The Owner shall satisfy the following requirements of Canada Post Corporation and the Municipality with respect to the provision of mail delivery to the Subdivision Lands and the provision of community mailbox locations, as follows: (a) The Owner shall advise Canada Post as to the excavation date for the first foundation/first phase as well as the date development work is scheduled to begin. (b) The Owner shall advise Canada Post as to the expected first occupancy date and ensure the site is accessible to Canada Post 24 hours a day. (c) The Owner will consult with Canada Post and the Municipality to determine suitable permanent locations for the Community Mail Boxes. The Owner will then indicate these locations on the appropriate servicing plans. (d) The Owner agrees, prior to offering any units for sale, to display a map on the wall of the sales office in a place readily accessible to potential homeowners that indicates the location of all Community Mail Boxes within the development, as approved by Canada Post. (e) The Owner will be responsible for officially notifying the purchasers of the exact Community Mailbox locations prior to the closing of any home sales with specific clauses in the Purchase offer, on which the homeowners do a sign off. Page 113 Page140 (f) The Owner will confirm to Canada Post that the final secured permanent locations for the Community Mailboxes will not be in conflict with any other utility; including hydro transformers, bell pedestals, cable pedestals, flush to grade communication vaults, landscaping enhancements (tree planting) and bus pads. (g) The Owner agrees to include in all offers of purchase and sale a statement which advises the purchaser that mail will be delivered via Community Mail Boxes. The Owner also agrees to note the locations of all Community Mail Boxes within the development, and to notify affected homeowners of any established easements granted to Canada Post to permit access to the Community Mail Boxes (h) The Owner agrees to prepare and maintain an area of compacted gravel to Canada Post's specifications to serve as a temporary Community Mailbox location. This location will be in a safe area away from construction activity in order that Community Mailboxes may be installed to service addresses that have occupied prior to the pouring of the permanent mailbox pads. This area will be required to be prepared a minimum of 30 days prior to the date of first occupancy. (i) The Owner will provide a suitable and safe temporary site for a Community Mail Boxes upon approval of the Municipality (that is levelled with appropriate sized patio stones and free of tripping hazards), until curbs, sidewalks and final grading are completed at the permanent locations. Canada Post will provide mail delivery to new residents as soon as the homes or units are occupied. (j) The Owner will install concrete pads at each of the Community Mailbox locations as well as any required walkways across the boulevard and any required curb depressions for wheelchair access as per Canada Post's concrete pad specification drawings (k) Owner agrees to provide the following for each Community Mail Boxes and to include these requirements on the appropriate servicing plans (if applicable): i) Any required walkway across the boulevard, per municipal standards; and ii) Any required curb depressions for wheelchair access, with an opening of at least two meters (consult Canada Post for detailed specifications). Utilities 6.6 (1) The Owner shall coordinate the preparation of an overall utility distribution plan that allows for the safe installation of all utilities including the separation between utilities to the satisfaction of the Director of Public Works. Page 114 Page 141 (2) All utilities will be installed within the proposed road allowances. Where this is not possible, easements will be provided at no cost to the utility provider. Proposed easements are not permitted on lands owned by the Municipality unless it can be demonstrated that there is no other alternative. Such easements must not impede the long term use of the lands and will be at the discretion of the Director of Public Works. (3) The Owner shall cause all utilities, including hydro, telephone, and cable television within the streets of this development to be installed underground for both primary and secondary services. Part 7 — Standard Notices and Warnings 7.1 The Owner shall include a clause in Agreements of Purchase and Sale for all Lots informing the purchaser of all applicable development charges in accordance with subsection 58(4) of the Development Charges Act, 1997, S.O. 1997, C.27. 7.2 The Owner shall include the notices and warnings clauses set out in Schedule 3 of the Municipality's standard subdivision agreement in Agreements of Purchase and Sale for all Lots or Blocks. 7.3 The Owner shall include the following notices and warning clauses in Agreements of Purchase and Sale for the Lots or Blocks to which they apply: Noise Report 7.4 The Owner shall include the following notice in the Agreements of Purchase and Sale for Lots 21 L, 22-31, 32R, 86-92, and 93-95: "This dwelling unit was fitted with a forced air heating system and designed with the provision for adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks." Nearby Farm Operations 7.5 The Owner shall include the following warning clause in agreements of purchase and sale for All Lots: "Farm Operations —There are existing farming operations nearby and that such farming activities may give rise to noise, odours, truck traffic and outdoor lighting resulting from normal farming practices which may occasionally interfere with some activities of the occupants." Nearby Public Walkway Page142 115 7.6 The Owner shall include the following warning clause in agreements of purchase and sale for Lots 104 and 125: "Public Walkway — This lot abuts Block 130 which has been designated for use as a public walkway which, when developed, may contain active lighted facilities for night-time services." Chain Link Fencing 7.7 (1) The Owner shall include the following notice in the agreements of purchase and sale for Lots 1 through 14 and lot 26: "Chain Link Fencing — Chain link fencing is a required feature between this lot and the adjacent open space. Gates are not permitted within the fence. This fencing must be located on the public portion of the abutting land and will be maintained by the Municipality after the developer has been released from any further responsibility for the fence." (2) The Owner shall include the following notice in the agreements of purchase and sale for Lots 104 and 125: "Chain Link Fencing — Chain link fencing is a required feature between this lot and the adjacent walkway. This fencing must be located on the public portion of the abutting land and will be maintained by the Municipality after the developer has been released from any further responsibility for the fence." Open Space Block 131 7.8 The Owner shall include the following notice in the agreements of purchase and sale for Lots 1 through 14 and lot 26: "Open Space Block - Purchasers are advised that the Open Space Block is owned by the Municipality of Clarington and are environmentally sensitive. Purchasers may not dump any materials, debris or grass clippings on the block located adjacent to their northerly lot line. Purchasers may not drain swimming pool or spa water directly on these lands. Water should be directed to the road where it enters the storm water system, and is treated by Stormwater Management Controls Noise Attenuation Fencing 7.9 The Owner shall include the following notice in the agreements of purchase and sale for Lot 93: "Noise Attenuation Fencing - Noise attenuation fencing is a required feature for this lot to assist in reducing the noise levels to comply with Ministry of the Environment standards. This fencing must be located on the private property Page 116 Page143 portion of the lot and must be designed and constructed in compliance with the recommendations of the noise attenuation report prepared by Candevcon, dated May 2, 2018, and updated March 1, 2022. The maintenance of this fencing is the responsibility of the owner of the lot after the developer has been released from any further responsibility for the fence." Canada Post Corporation 7.10 The Owner shall include the following notice in the agreements of purchase and sale for all lots: "Mail Service - Purchasers are advised that Canada Post intends to service this property through the use of community mailboxes that may be located in several locations within this subdivision." Part 8 - Clearance 8.1 Prior to final approval of the plan for registration, the Municipality's Director of Planning and Development Services shall be advised in writing by, (a) the Region how Conditions 1, 2.2, 4.4 and 6.1 have been satisfied; (b) the Central Lake Ontario Conservation Authority, how Conditions 4.2, 4.3, 4.5, and 6.2 have been satisfied; (c) Canada Post, how Condition 6.5 has been satisfied Part 9 — Notes to Draft Approval 9.1 Terms used in these conditions that are not otherwise defined have the meanings given to them in the Municipality's standard subdivision agreement. 9.2 As the Owner of the proposed subdivision, it is your responsibility to satisfy all conditions of draft approval in an expeditious manner. The conditions of draft approval will be reviewed periodically and may be amended at any time prior to final approval. The Planning Act provides that draft approval, may be withdrawn at any time prior to final approval. 9.3 If final approval is not given to this plan within three (3) years of the draft approval date, and no extensions have been granted, draft approval shall lapse and the file shall be closed. Extensions may be granted provided valid reason is given and is submitted to the Director of Planning and Development Services for the Municipality of Clarington well in advance of the lapsing date. 9.4 Where an agency requirement is required to be included in the Municipal subdivision agreement, a copy of the agreement should be sent to the agency in order to facilitate their clearance of conditions for final approval of this plan. The addresses and telephone numbers of these agencies are: Pagu 117 Page144 (a) Durham Regional Planning Department, 605 Rossland Road East, P.O. Box 623, Whitby, Ontario L1 N 6A3 (905) 668-7721. (b) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa, Ontario LIH 3T3 (905) 579-0411. (c) Canada Post, Metro Toronto Region, 1860 Midland Ave. 2nd Floor, Scarborough ON, M1 P 5A1 118 Page145 Attachment 2 to Report PDS-036-22 AGRICULTURAL EXISTING RESIDENTIAL Block 131 Open Space 201.38 0.14 he N71*14'00"E 26 • f • f••• Q 0 0 0 0 n O 1 5 7 8 10 13 O 110 25 h 10.17 0.79 "D : 1 JD 7j•Ib 14 e -�-244 Block Reserve 0.3m Reserve N Street A $ 8 D ISO 39A9 u • -;-- 9.75 9.75 0.75 11JO 11,30 1 125 120 119 118 11 5 zo.00 MAO FUTURE DEVELOPMENT f • • 0' O 010 •-- • • f , Draft Plan of Subdivision 0.75 18 • S-C-2009-0001 Block 130 (Head ate 9 ) Servicing 1 T y 2Ja f" •• •••• O O O O T I L PMENT I )s kl 11 N 104 V 105 11 111 112 114 1474 I I I Z 9.75175 1-00 9.7e 1111111 11Jo 20.00 2D.�0 tya0 I o Broome Avenue Extension g B R O O M E AVENUE Bmok13B 0.3m Reserve ;,.00014.0 0. IL75 L75 L75 1 20.00 I 46 45 40 35 1 44 I �2 Q • • • • $ • • • • • • • I I I EXISTING RESIDENTIAL 1 14.71 w y $ Q 2100 w cc Block 129 47 50 55 - 57 F- (n 0.3m Reserve 131M 9.79 L75 L75 0 J 0 Street C FUTURE .76 +�+ °� 6 3.M • �.00 D_E O 13M - CD ` 85 i 80 79 • -� 28-- CD ♦ • AV• $ • ♦ • • • P • g 9.75 18.00 r 30A0 m,00 1Q27 100 71' Galo E S7273 f S`78 Bloc 128 TABB AVENUE Block 1353mReserve 10.799.75 12.96 _FUtU Deve opment m81.0 r^87.0 0,07 h 3 20.00 b0� 99 0�1 z 30M lam 0.75 9.75 11JB 11M • 71 69 68 65 64 FUTURE DEVELOPMENT • • O O O �O 0Zn All, of Block 134 + N71-11'40"E 0.3m Reserve 95 ♦ • O 0 • • 0 0 25.03 3 9J03°D 92 91 90 89 88 87 66 Z$ zo.00 - 0.79 S-C-2018-0003, ZBA2018-0014 DRAFT PLAN OF SUBDIVISION FOR PART OF LOT 27, CONCESSION 3 FORMER TOWNSHIP OF DARLINGTON NOW BEING LOTS 1 TO 5 INCLUSIVE LOTS 11 TO 17, INCLUSIVE AND PART OF LOTS 6 AND 18 REGISTERED PLAN No. 634 MUNICIPALITY OF CAARINGTON REGIONAL MUNICIPALITY OF DURHAM April 25, 2022 / N12661 126.61 Block 133 5.om Road widening 0.08 he N A S H ROAD KEY PLAN NTS 0 i Z v v O 7 oe O 6 9 9 Q SUBJECT LAND 9 .,e � NPSNaoPo L eA.A. HIGHWAY 2 (KINGSTON ROAD) J 0°O 132 Cad Widening C Q O cc Y U O U zN Q AGRICULTURAL 2 NG RESIIDENTIAL ADDITIONAL INFORMATION REQUIRED UNDER SECTION 51 (17) OF THE PLANNING ACT, R.S.O., 1990 (a) AS SHOWN ON DRAFT PLAN (b) AS SHOWN ON DRAFT AND KEY PUNS ( c) AS SHOWN ON DRAFT AND KEY PLANS ( d) THE LAND IS TO BE USED ACCORDING TO THE SCHEDULE OF LAND USE (e) AS SHOWN ON DRAFT AND KEY PLANS ( f) AS SHOWN ON DRAFT PLAN ( g) AS SHOWN ON DRAFT MD KEY PLANS (h) MUNICIPAL WATER SUPPLY TO BE MADE AVNLABIE ( 1) SOIL IS SILTY SAND ( j) AS SNOWN ON DRAFT PLAN ( k) FULL MUNICIPAL SERVICES TO BE MADE AVAILABLE ( I) SUBJECT TO EASEMENTS AS SHOWN ON THE DRAFT PLAN Note: aI dimension, on c,me am chord length, unle„ otherwise indicated. Doshed lines representing adjacent future development are c nceptual only. Doahed lines representing 0.3m Reetmme a exaggerated to illustrate location of rev Scale 1 : 750 (24 x 36) J SCHEDULE OF LAND USE LAND USE LOVB(OOk units Area Number go) (m) m 18.Om Wide Semi-Det. Res. =..s 26 ■ 9.75m Wide Detached Res. e0 4.52 O 11.3m Wide Detached Res........... 31 Custom Detached Res, 1 Future Development locks its 0.o6 Q2 Servicing al-13o 0.02 01 open Space smax 131 0,14 os Road Widenings Bl-, 132a 133 0.t4 .3 0.3m Reserve 81-1129. 134-137 'Gal 0_ Roads 1,80 4.3 NMe'. LMs 1. antl 12T eliminated Jan. 7, 2022 Total 138 6.68 16.5 OWNER'S AUTHORIZATION I AUTHORIZE THIS DRAFT PUN OF SUBDIVISION TO BE SUBMITTED TO THE MUNICIPALITY OF CIARINGTON FOR APPROVAL Peter Cohen, Provident DATE TN Courtice Inc. SURVEYOR'S CERTIFICATE 1 HEREBY CERTIFY THAT THE BOUNDMIES OF THE LAND TO BE SUBDIVIDED M SHOWN ON THIS PL.W AND THEIR RELATIONSHIP TO THE ADJACENT LANDS ARE ACCURATELY AND CORRECTLY SHOWN. M-k a - -_*)X II/zZ R. Mc Rae, O.LS. DATE J. D. same. UmRed PLAN PREPARED BY x«I) 18M-00161-00 Page146 Attachment 3 to Report PDS-036-22 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 20_- 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 ZBA2018-0014; Now therefore the Council of the Municipality of Clarington enacts as follows: 1. Section 12.4 "Special Exceptions — Urban Residential Type One (R1)" is amended by adding Special Exception Zone 12.4.102 as follows: 12.4.102 Urban Residential Exception (R1-102) Zone" Notwithstanding Sections 12.2 a., b., c., d. i) ii), iii) a) c) b), e., f., g., i. ii) those lands zoned R1-102 on the Schedules to this By-law shall be subject to the following regulations: a. For the purpose of Section 12.4.102, the term Soft Landscaping means the portion of the lot comprised of any combination of flowers, grass, shrubs, sod, trees or other horticultural elements that is not covered with impervious surfaces. It does not include any buildings or structures, any hard surface areas such as, but not limited to, driveways, parking areas, decorative stonework, walkways, patios, screening, or other landscape architectural elements. b. Lot area (minimum) i) Single detached dwelling ii) Semi-detached dwelling on an interior lot iii) Semi-detached dwelling on an exterior lot C. Lot Frontage (minimum) Interior Lot i) Single detached dwelling iii) Semi-detached dwelling 270 square metres 500 square metres 550 square metres 9.0 metres 18.0 meters Page147 d. Lot Frontage (minimum) Exterior Lot i) Single detached dwelling ii) Semi-detached dwelling e. Yard Requirements (minimum) i) Front Yard ii) Exterior Side Yard iii) Interior Side Yard 12.0 metres 20.0 metres 6 metres to private garage or carport 4 metres to dwelling 2 metres to porch 6 metres to private garage or carport 3 metres to dwelling 1.5 metres to porch a) Single detached dwelling with an attached garage or carport 1.2 metres on one side, 0.6 metres on the other b) Single detached dwelling without an attached garage or carport 3.0 metres on one side, 0.6 metres on the other c) Semi-detached dwelling with an attached garage or carport 1.2 metres d) Semi-detached dwelling without an attached garage or carport 3.0 metres f. Dwelling Unit Area (minimum) i) Single detached dwelling 85 square metres ii) Semi-detached dwelling 80 square metres g. Lot Coverage (maximum) 1 Storey single -detached dwelling and Semi-detached dwelling a) Dwelling 50 percent b) Total of all Buildings and Structures 55 percent All other single -detached dwellings a) Dwelling 40 percent b) Total of all Buildings and Structures 45 percent iii) Notwithstanding the above lot coverage provision, a covered and unenclosed porch/balcony having no habitable space above it shall be permitted subject to the following: a) In the case of an interior lot, an unenclosed porch/balcony up to a Page148 h k. maximum area of 12.0 square metres shall be permitted provided it is located in the front yard of the lot; b) In the case of an exterior lot, an unenclosed porch/balcony up to a maximum of 20.0 square metres shall be permitted provided it is located in the front and/or exterior side yard of the lot. Landscape Open Space (minimum) landscaping Driveway Width (maximum) Garage Requirements 30 percent, provided 25 percent is soft 4.6 metres i) All garage doors shall not be located any closer to the street line than the dwellings first floor front wall or exterior side wall or covered porch projection Height of floor deck of unenclosed porch above finished grade (maximum) 1.0 metres 2. Section 13.4 "Special Exceptions — Urban Residential Type Two (R2) Zone" is amended by adding Special Exception Zone 13.4. 91 as follows: "Section 13.4.91 Urban Residential Exception (R2-91) Zone Notwithstanding Sections 13.2 a., b., c. i) ii), iii) d., e., f., h., those lands zoned R2-91 on the Schedules to this By-law shall be subject to the following regulations: a. For the purpose of Section 12.4.102, the term Soft Landscaping means the portion of the lot comprised of any combination of flowers, grass, shrubs, sod, trees or other horticultural elements that is not covered with impervious surfaces. It does not include any buildings or structures, any hard surface areas such as, but not limited to, driveways, parking areas, decorative stonework, walkways, patios, screening, or other landscape architectural elements. b. Lot Area (minimum) 270 square metres C. Lot Frontage (minimum) i) Interior Lot ii) Exterior Lot d. Yard Requirements (minimum) i) Front Yard ii) Exterior Side Yard 9 metres 10.9 metres 6 metres to private garage or carport 4 metres to dwelling 2 metres to porch 6 metres to private garage or carport 4 metres to dwelling 2 metres to porch Page149 iii) Interior Side Yard e f M h a) With an attached garage or carport b) Without an attached garage or carport Dwelling Unit Area (minimum) i) Single detached dwelling Lot Coverage (maximum) i) 1 Storey single -detached dwelling a) Dwelling b) Total of all Buildings and Structures ii) All other single -detached dwellings 1.2 metres on one side. 0.6 metres on the other 3.0 metres on one side. 0.6 metres on the other 85 square metres 50 percent 55 percent a) Dwelling 40 percent b) Total of all Buildings and Structures 45 percent iii) Notwithstanding the above lot coverage provision, a covered and unenclosed porch/balcony having no habitable space above it shall be permitted subject to the following: a) In the case of an interior lot, an unenclosed porch/balcony up to a maximum area of 12.0 square metres shall be permitted provided it is located in the front yard of the lot; b) In the case of an exterior lot, an unenclosed porch/balcony up to a maximum of 20.0 square metres shall be permitted provided it is located in the front and/or exterior side yard of the lot. Landscape Open Space (minimum) Driveway Width (maximum) Garage Requirements 30 percent, provided 25 percent is soft landscaping 4.6 metres i) All garage doors shall not be located any closer to the street line than the dwellings first floor front wall or exterior side wall or covered porch projection Height of floor deck of unenclosed porch above finished grade (maximum) 1.0 metres Page 150 3. Section 13.4 "Special exceptions — Urban Residential Type Two (R2) Zone" is amended by adding Special Exception Zone 13.4.92 as follows: "Section 13.4.92 Urban Residential Exception (R2-92) Zone Notwithstanding Sections 13.2 a., b., c. i) ii), iii) d., e., f., h., those lands zoned R2-92 on the Schedules to this By-law shall be subject to the following regulations: a. For the purpose of Section 12.4.102, the term Soft Landscaping means the portion of the lot comprised of any combination of flowers, grass, shrubs, sod, trees or other horticultural elements that is not covered with impervious surfaces. It does not include any buildings or structures, any hard surface areas such as, but not limited to, driveways, parking areas, decorative stonework, walkways, patios, screening, or other landscape architectural elements. I C. 0 e f Lot Area (minimum) Lot Frontage (minimum) i) Interior Lot ii) Exterior Lot Yard Requirements (minimum) i) Front Yard ii) Exterior Side Yard iii) Interior Side Yard 300 square metres 11.3 metres 14.3 metres 6 metres to private garage or carport 4 metres to dwelling 2 metres to porch 6 metres to private garage or carport 4 metres to dwelling 2 metres to porch a) With an attached garage or carport b) Without an attached garage or carport Dwelling Unit Area (minimum) i) Single detached dwelling Lot Coverage (maximum) i) 1 Storey single -detached dwelling a) Dwelling b) Total of all Buildings and Structures 1.2 metres on one side, 0.6 metres on the other 3.0 metres on one side, 0.6 metres on the other 85 square metres 50 percent 55 percent Page 151 m ii) All other single -detached dwellings a) Dwelling 40 percent b) Total of all Buildings and Structures 45 percent g. Notwithstanding the above lot coverage provision, a covered and unenclosed porch/balcony having no habitable space above it shall be permitted subject to the following: i) In the case of an interior lot, an unenclosed porch/balcony up to a maximum area of 12.0 square metres shall be permitted provided it is located in the front yard of the lot; ii) In the case of an exterior lot, an unenclosed porch/balcony up to a maximum of 20.0 square metres shall be permitted provided it is located in the front and/or exterior side yard of the lot. h. Soft Landscaping (minimum) 30 percent, provided 25 percent is soft landscaping Garage Requirements i) All garage doors shall not be located any closer to the street line than the dwellings first floor front wall or exterior side wall or covered porch projection ii) Height of floor deck of unenclosed porch above finished grade (maximum) 1.0 metres Schedule `4' to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Agricultural (A)" to "Holding- Urban Residential Exception (R1-102)" "Agricultural (A)" to "Holding — Urban Residential Exception (R2-54)" "Agricultural (A)" to "Holding — Urban Residential Exception (R2-91)" "Agricultural (A)" to "Holding — Urban Residential Exception (R2-92)" "Environmental Protection (EP)" to "Holding — Urban Residential Exception (R1-102)" "Environmental Protection (EP)" to "Holding — Urban Residential Exception (R2-54)" "Environmental Protection (EP)" to "Holding — Urban Residential Exception (R1-91)" "Agricultural (A)" to "Environmental Protection (EP)" As illustrated on the attached `Schedule `A' hereto. Page 152 5. Schedule `A' attached hereto shall form part of this By-law. 6. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of the Planning Act. Passed in Open Council this day of , 2022 Adrian Foster, Mayor June Gallagher, Municipal Clerk Page 153 This is Schedule "A" to By-law 2022- , passed this day of , 2022 A.D. Zoning Change From 'A' To '(H)R1-102' Zoning Change From 'A' To '(H)R2-54' Zoning Change From 'A' To'(H)R2-91' Zoning Change From 'A' To '(H)R2-92' NASH ROAD M Zoning Change From 'EP' To'(H)R1-102' Zoning Change From 'EP' To '(H)R2-54' Zoning Change From 'EP' To'(H)R2-91' - Zoning Change From 'A' To 'EP' Courtice • ZBA 2018-0014 • Schedule 4 Page 154 STORMWATER G MANAGEMENT POND I 2.15 ht q I� I Q Ia v° I 3.56 I HANCOCK NEIGHBOURHOOD DESIGN PLAN . a w —:M o� ,� f.e d,�e ffi� under Sehon 51 of Ily Plonn�ng .n. Attachment 4 to Report PDS-036-22 IST 92014 L - - mom ML CAI kty` ITE C�1 �I xl 4.52 to , II � EXISTING RESIDENTIAL 24 Mt SINGLES INFILLRESIDENTIAL 15 m SINGLES ® COMMERCIAL COMMERCIAL 13.7 m SINGLES GREEN SPACE nc 12m SINGLES _ ® PARKS 4 mSEMI-DETACHED � COOL MEDIUM DENSITY CHURCH x-si5z� aae Attachment 5 to Report PDS-036-22 ------------- alAe'27 e�le1 es��eel�A Green spave IA Green Space '��'1'�lllilrlllllllllllll�llllr owww*�w�nw.l.w. 84E IllCT illi 0 �QQ _P Green Space speclef, IIIIiIfrOa�oE �pl:.��� �.: Study 'Area 7 + � illilf -.tea ���— •r - INllill i Faith �iull�sse�de���es�►1� ©AV • StormwaterManagement �� �- �_ •-~ ®ram _- © }{7 �nuiN■ � Future -W i Convenience o Aft - i%.� Hanco: o Design Page 156 Attachment 6 to Report PDS-036-22 �111111111111 ME���■ [ ��rrrrrrrrrrrrrrrrrrirrrrrri� - - 111�1 • �111! mm.mmmmmi:�� j � '=�111111 liliiil � � Sub, IHIM 1111111 �JIIII:I / � Illlll �11lllllllill � 111111 �.�� t ��� •� - � � IlIIll�lllll IIIIIIIIIIII` C raasH Roso Z W ° yS�pF 00 __.... ._—...-.- ... � pOK o, Rt le�xcre - �+ - 8 Future Future 7ransitway —^� ¢;Tranadway Relocated I HIGHWAY2I «l Future `. 1% approved farthe _ of mak€nganappiicatlon rpra'�R�ylQk `--._._f /�utur'e /I% vurpoaea pl of-b6i--n ureer section 51 atne Planning Act. Hancock � WlY2 j Highwey?/407linK I [[ —_ , i AGYasss'RamPS_ N! 11 Neighbourhood o`irea-Services Functiona[ Natural Heritage System !! ® Targeted Natural Heritage System Natural Heritage ,[,(/// � Wetlands oaerSar o' En0 neeri.'ig System 5eNir2a I2 of3 - Streams oam: Page157 Attachment 7 to Report PDS-036-22 4ni George Reynalds,Drive r � r 12 Single Detached Units I w Approved 2016 N a = 19 Single Detached Units Approved 2014 Brow r W SC 2021-0002 SC 2018 - 0004 ZBA 2021 - 0024 Page 158 M 77, II 4 Attachment 8 to Report PDS-036-22 r.. 5 oo W 0 V 2 _ F , I ter„ h �i y F J"Ail PW r .. t A •OM1 -Y; Lands Subject to Draft Plan of .`s .0 Subdivision and Rezoning Applications L.. Single Detached Home: Frontage 10.Om Single Detached Home: Frontage 11.3m Single Detached Home: Frontage 9.15m Townhomes Future Development Q Existing Residential Page159 Attachment 9 to Report PDS-036-22 Page 160 NEWCASTLE COMMUNITY HALL BOARD May 17 2022 Main Hall 7 pm Present Were: Crystal Yaki Marg Zwart, Local Councilor Sierd DeJong Janeen Calder Barry Carmichael Regrets From: Henry Covers Granville Anderson, Regional Councilor Also Present: Gabrielle Bell, Secretary Lloyd Johnson — Concert in Park Chair Susan Johnson — Concert In Park Fred Cambers — Concert In Park Fred Horvath —100t" Committee Chair 1. AGENDA Moved by J. Calder, seconded by S. DeJong The agenda is accepted as circulated with the following additions: 1. Notice Board under New Business 2. Fred Horvath — Business Arising "Carried" 2. MINUTES Moved by M. Zwart, seconded by J. Calder The minutes of April 19 2022 are accepted as circulated. "Carried" 3. BUSINESS ARISING a) L. Johnson, Chair reported on Newcastle Village Concerts - Gave notice that this would be his last year to Chair Newcastle Village Concerts - 8 of the 12 weeks have been booked (see attached) - Some sponsorship has been obtained, no details at this time. - Municipal Sponsorship has not been applied for at this time. - First concert is scheduled for June 14 - We will need to arrange transfer of banking signatures - L. Forget will be contacted as previous treasurer to meet at bank to set this up. Page 161 b) F. Horvath, Chair of 1001h Committee presented draft of logo for 1001h Celebration. c) Garden Committee update by B. Carmichael - Perennials have been ordered, planting begins May 25, and volunteers will be needed for this. - Roses have been removed and hostas relocated - Vines will be planted at the fencing by gazebo - Looking at garden behind gazebo for next year - Investigated possibility of changing watering system to sprinklers, Company that maintains current system informed us that the water pressure at Hall is not enough to work with sprinkler system. Current system has been repaired and is ready for the coming season. - Board would like to "thank" Barry and Patt for the work they have done on gardens this year. d) Dishwasher has been installed and reports coming in from catering companies that it works very well. Email has been sent to company for contract information. e) Maintenance Workplace - C. Yaki reported that monthly meetings are going well. We are now working on nailing down dates for work to be done. - Drapes are being considered as we did not have to pay out on dishwasher. T. Welsh in talks with company for new pricing of black drapery. - Eaves troughs should be checked - Front light outside is in poor condition and not repairable. B. Carmichael investigated and feels it is not original to 1920's looks like 1970's. Motion by M. Zwart, seconded by S. DeJong Replace front entrance light within budget of $500.00 "Carried" f) Chair Trolley will not be suitable for our use. g) Exterior Christmas Lights have been hooked back up and reapplied to windows. There is a small section on west side that is now hanging. This will be fixed for July 1. As the company that was hired by the BIA has failed to maintain the lights, going forward Newcastle Community Hall will take responsibility for this. 4. FINANCIAL REPORT Moved by J. Calder, seconded by M. Zwart The financial report is accepted as presented. "Carried" a) We have received wage subsidy from THRP through CRA for periods 23, 24 and 25 which covers to end of 2021. We will continue to submit for subsequent periods in 2022. b) Reimbursement for snow removal in the amount of $3277.00 has been received from Municipality. Page162 c) WSIB surplus rebate for 2022 in the amount of $ 362.96 d) Municipal Operating Budget request in amount of $45000.00 has been received. 5. NEW BUSINESS a) Newcastle BIA —J. Calder will enquire about adding Hall Board to mailing list for minutes BIA is questioning insurance for Fall Festival. G. Bell will be meeting with committee next week and will discuss details. b) Notice Board — Historical Society committed to new notice board in 2017 with donations they had received. Numerous enquiries have been made as to time line. Motion to adjourn by J. Calder at 9:00 pm "Carried" Page 163 NEWCASTLE COMMUNITY HALL BOARD June 212022 Council Chambers 7 pm Present Were: Henry Corvers Sierd DeJong Janeen Calder Barry Carmichael Regrets From: Marg Zwart, Local Councilor Crystal Yaki Granville Anderson, Regional Councilor Also Present: Gabrielle Bell, Secretary 1. AGENDA Motion by S. DeJong, seconded by H. Corvers The agenda is accepted as circulated with the following additions: a) New Business — Hot Water Tank b) Correspondence — Horticultural Society "Carried" 2. MINUTES Motion by S. DeJong, seconded by J. Calder The minutes of May 17 2022 are accepted as circulated with correction: a) G. Anderson was in attendance "Carried" 3. BUSINESS ARISING a) Village Concert Lloyd Johnson has resigned from Village Concert Committee at a meeting of the Committee on May 312022 that was attended by G. Bell and S. Johnson as he did not have support of Board to go ahead with his plan for Clarington has Talent. G. Bell informed L. Johnson that he did not have approval from the Newcastle Hall Board to proceed with his plans at Docville under the umbrella of the Village Concerts. There could be issue of insurance coverage as well being off site. He had planned to pay $250/night each Friday night to hold auditions and practices for Clarington Talent to perform at the end of August at the Village Concerts. At the time of meeting there were no sponsors in place and concerts were to begin June 7. Entertainment was lined up but no information given to the Newcastle Hall Board or Committee until meeting. The week of May 31 the Village Voice posted on FB the Page164 upcoming concerts as given to them by L. Johnson. They were asked to remove post as the concerts were being postponed. FB post letting followers know we did not have sponsorship in place therefore June dates would not be happening brought in sponsorship. G. Bell delivered sponsor letters to businesses as well. We now have 23 sponsors in place and will be running a series of 8 concerts starting July 5 2022. Fred Cambers was contacted and also resigned from Committee. b) Garden Committee B. Carmichael reported project is finished for the most part. Watering is ongoing to give new plantings a chance to catch. Non -toxic product will be put in garden to deter the squirrels from digging as they have become a problem. Hostas have been moved to the gazebo garden. Silver lace vine has been placed in front of fencing on west side of parkette. It is estimated 380 hours of volunteer time has been worked by Barry Carmichael and Patt Thexton on the gardens. c) Accessibility Charging Station — we have received recommendation from Municipality to place station under Gazebo with a removable/folding chair. Board discussed other options as the gazebo is used for weddings and is not maintained in the winter. Suggested spots a) at front entrance by benches b) best option is still parking lot at Lions entrance in opinion of Board members. d) Maintenance Work plan - week of June 20 the Town will have staff doing outside work on building in preparation for July 1 Cornerstone Event. Windows will be cleaned, brickwork and cornerstone cleaned. Front doors re -stained, front walkway repaired. It was noted that the front windows are peeling so the Christmas lights will not stay on. e) Exterior Front Door Pendant Light — this is still outstanding considering whether refurbishment of replacement is best option. f) 100th Celebration Committee — July 1 Event Schedule attached of events for the day. All Board members and staff are encouraged to attend and participate in this event. 4. CAPITAL PROJECT BUDGET SUBMISSION Chair C. Yaki and B. Carmichael recommend that we submit capital budget items — curtains for Main Hall, Main Hall windows replaced, front building windows sand/repaint Motion by H. Corvers , seconded by J. Calder The board moves to submit the following items for 2023 capital budget: a) Curtain replacement in main hall b) Windows replaced in main hall c) Sand/repaint front building windows "Carried" Page165 5. FINANCIAL REPORT Motion by H. Corvers, seconded by S. DeJong The financial report is accepted as presented. "Carried" 6. INVOICES 7. CORRESPONDENCE a) United Church has requested space to store items to be donated to Ukrainian families to pick up. They are not sure when the space is needed and for how long. It was decided that at this time we do not have space available. b) BIA minutes have been received for information c) Tenants letter re: upcoming events for 1001" has been sent out — see attached d) Horticultural Society would like approval to plant a bush/shrub in gardens in honor of Mary Thorley. Mary passed away in 2019, she was a wonderful hard working member of the Horticultural Society and we wanted something to honor her. The Horticultural Society has also had a motion approved to donate to the Newcastle Community Hall up to $500.00 towards cost of flowers to be planted. Secretary will look back in records for information on in memorial plantings. e) Early On contact Judy Tyron has invited Secretary and Chair to opening of new site in Bowmanville. We are honored to be included in this opening; it indicates we have cultivated a good relationship with our Tenant to be included in their new endeavors. 8. NEW BUSINESS a) Insurance Portal Information Session June 23 2022 at 6 pm. G. Bell will attend with questions and concerns pertaining to Newcastle Community Hall. b) Hall Sustainability/Succession Plan Meeting with Co -Chairs and Community Development Lee -Ann Reck on June 20 2022. B. Carmichael reported that for hiring purposes it appears the hall would be responsible for all policies. They will be reaching out to the Newcastle Arena Board to discuss their process. c) Secretary noticed one of the 4 hot water tanks was 24 years old. Reliance was contacted and a new tank has been installed at the same rental price. The other 3 are 10 years old and should be replaced in next 2-5 years. d) J. Calder would like to thank the Hall Board on behalf of BIA for the use of the kitchen for their perogie fundraiser for the Ukraine. They raised over $3000.00 e) There will be no meetings in July and August unless called by the Chair/s Motion to adjourn by H. Corvers at 8:30 pm "Carried" Page 166 August 18, 2022 Mayor Adrian Foster and Members of Council 40 Temperance Street Bowmanville, ON L1 C 3A6 Dear Mayor Foster and Members of Council The Clarington Affordable Housing Task Force at their meeting of August 5, 2022, passed the following resolution: "THAT Council directs staff to list the former Newcastle Fire Hall (247 King Avenue East, Newcastle) on the Region of Durham's surplus land website, for the potential creation of affordable housing" Yours sincerely, Wendy Partner, Chair Clarington Affordable Housing Task Force Page167 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 12, 2022 Report Number: PDS-042-22 Submitted By: Carlos Salazar, Director of Planning and Development Services Reviewed By: Mary -Anne Dempster, CAO Resolution#: File Number: By-law Number: Report Subject: Infrastructure Canada — Active Transportation Fund — Grant Funding Agreement Authorization Recommendations: 1. That Report PDS-042-22 and any related delegations or communication items, be received; 2. That the Mayor and Clerk, on behalf of the Corporation of the Municipality of Clarington, be authorized to execute the Active Transportation Fund grant funding agreement for the development of the Municipality's Wayfinding System Strategy, between the Government of Canada and the Corporation of the Municipality of Clarington; and 3. That all interested parties listed in Report PDS-042-22 and any delegations be advised of Council's decision. Page168 Municipality of Clarington Report PDS-042-22 Report Overview Page 2 The Municipality of Clarington submitted an application to Infrastructure Canada's Active Transportation Fund for grant funding to develop a Wayfinding System Strategy to compliment the Municipality's future Active Transportation Master Plan. Clarington has received funding up to $50,000 for this initiative. The report is written to provide authorization for the Mayor and Clerk to execute the agreement with the Government of Canada. 1. Background 1.1 The Active Transportation Fund (ATF) provides grant funding to projects aimed at supporting a modal shift away from cars and towards active transportation, in support of Canada's National Active Transportation Strategy. The ATF invests in projects that build new and expanded networks of active transportation infrastructure in addition to supporting active transportation planning and stakeholder engagement activities. 1.2 In March 2022, the Municipality of Clarington submitted various applications for funding from the ATF which included several infrastructure projects (decisions still pending) and the development of a Wayfinding System Strategy (WSS) initiative. In July 2022, the Municipality was notified as being a successful recipient of funding for the WSS initiative in the amount of $50,000. 1.3 The WSS would be developed in conjunction with the Municipality's Active Transportation Master Plan (ATMP) and would be consolidated with the ATMP's budget. The WSS would aim to provide active transportation users with an advisory system that provides specific route and wayfinding information. The initiative would aim to provide a uniform information delivery system through: • Presentation of information such as route maps and route profile information. • Information pertaining to a route's accessibility for accommodation of all users. • Development of an advisory and wayfinding signage strategy and policy. • Develop a consistent 'branding' strategy across both physical and digital information platforms. • The WSS would also engage in an audit of the Municipality's existing active transportation network to strategize optimal placement of the above information. Terms of Reference for the ATMP & WSS are presently being developed and retention of a consultant will occur in 2022 with an expected completion date of Fall 2023. Page169 Municipality of Clarington Report PDS-042-22 2. Proposal Page 3 2.1 Prior to entering into an agreement, Infrastructure Canada requires that a resolution be passed authorizing the Municipality to execute the agreement with the Government of Canada. Similar to other agreements with the Government of Canada, delegation of authority to enter into the agreement would be given to the Mayor and Clerk. 3. Financial Considerations 3.1 Grants provide the Municipality with an external source of funding programs, services and projects to the benefit of taxpayers. This grant was not contemplated as part of the 2022 Budget and provides an additional source of funding to the Municipality. 3.2 The Municipal portion of the project will be funded from already approved funds. The acceptance of the grant provides the Municipality with additional resources to meet the goals of this project and the ATMP. 3.3 If Council does not wish to enter into the agreement, the Municipality would not be able to receive the grant funding. 4. Concurrence This report has been reviewed by the Deputy CAO / Treasurer who concurs with the recommendations. 5. Conclusion It is respectfully recommended that the Mayor and Clerk on behalf of the Municipality of Clarington be authorized to execute the agreement between the Government of Canada and the Municipality of Clarington. Staff Contact: Robert Brezina, Capital Works Engineer, 905 623 3379 Ext. 2331 or RBrezina@clarington.net Attachments: Not Applicable Interested Parties: The following interested parties will be notified of Council's decision: Infrastructure Canada — Active Transportation Fund Page170 Clarington MEMO If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Joint Committees From: Amanda Tapp, Acting Manager, Development Review Division Date: September 12, 2022 Memo #: Memo-040-22 File No.: Roll Number: 18-17-010-030-07900 Corresponding Building Permit Number: 21.0552 Re: Request to Extend the Use of Temporary Living Quarters at 2786 Maple Grove Road, Darlington Jeffery Rostek signed a letter of undertaking on January 25t", 2022, indicating his intent — to continue to live in the existing single detached dwelling at 2786 Maple Grove Road while constructing a new single detached dwelling on the same property, for a period not to exceed six (6) months (expired on July 25t", 2022), after which the existing original dwelling was to be demolished. On June 28t", 2022, Jeffery Rostek requested to extend the letter of undertaking an additional (6) months to expire January 25t", 2023. Given this request was submitted during Council's summer recess period, the request is formally being presented at September's meeting when Council resumes. According to the Clarington Building Division, the last inspection completed on the new detached dwelling was for insulation and vapor barrier on March 4t", 2022. Prior to this inspection, the following inspections had been performed: Framing — February 11t", 2022 Plumbing rough -in - December 13t", 2021 Backfill — September 14t", 2021 Footings — September 8t", 2021 Mr. Rostek advised that progress through the COVID-19 Pandemic was slow. Further, contractors coordination and material shortages which resulted in serious delays. The family had experienced some personal setbacks having to deal with some family matters. These issues have resulted in the construction process taking much longer than originally anticipated. 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 171 Memo-040-22 Page 2 Section 3.25b of Zoning By-law 84-63, as amended, of the Municipality of Clarington, permits Council to extend the maximum six (6) months' time limitation for the use of temporary living quarters. If Council wishes to do this, it is recommended that the following resolution be passed: THAT Jeffery Rostek be granted a 6-month extension for the use of temporary living quarters at 2786 Maple Grove Road, subject to signing a further Letter of Undertaking. Thankyou 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 Page172 ope's Cradle Key Points • Life-saving, safe abandonment for a baby • In association with Gems for Gems (gemsforgems.com/) - supporting and empowering victims of abuse • Smaller communities/rural perceived as more anonymous • At -Risk Mother remains anonymous • Mother and Child both supported • Cost of installation - $20K$ • First one in Ontario • Media Links https://www.gemsforgems.com/hopes-cradle/ https:Hbeta.ctvnews.ca/local/calgary/ 2021 /12/3/1 5693038.amp.html https://www. cbc.ca/news/canada/calgary/strathmore-fire-station- hopes-cradle-baby-surrender-1.6274271 Page173 MUNICIPALITY OF CLARINGTON JOINT COMMITTEE DATE September 12, 2022 MOVED BY Councillor Zwart SECONDED BY Councillor RESOLUTION # Whereas the Municipality of Clarington is concerned about the protection of "abandoned babies"; And whereas there has been an initiative developed, by Gems for Gems, which supports victims of abuse, to address this need, called "Hope's Cradle" which provides a safe location, in fire halls, to surrender an infant as a last resort for parents that feel they have no other option; And whereas the Municipality of Clarington may have an opportunity to participate in this program with the construction of future fire halls; Now therefore be it resolved that the Director of Emergency Services/Fire Chief be directed to include the cost of installing a "Hope's Cradle Safe Surrender Site" temperature controlled compartment in the costing of the design and build for any new construction at Fire Hall 1 (Headquarters). Page174 Clarftwn 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 12, 2022 Report Number: CSD-014-22 Submitted By: George Acorn, Director of Community Services Reviewed By: Mary -Anne Dempster, CAO Resolution#: File Number: By-law Number: Report Subject: Community Services User Rates and Fees 2023 Recommendations: 1. That Report CSD-014-22 and any related communication items, be received; 2. That Council approve the proposed User Rates and Fees for Community Services Programs and Services for 2023 as outlined in Attachment 1; and 3. That approved rates are effective January 1 to December 31, 2023, except for ice, floor, and indoor field, which will be effective May 1 to December 31, 2023. Page175 Municipality of Clarington Page 2 Report CSD-014-22 Report Overview This report provides Council the recommended rates and fees schedule for all Community Services facilities, programs, and services for 2023. Following the various disruptions to services during the pandemic, we are seeing a steady return to more normal levels of activity across the department. Following the lifting of provincial and public health restrictions, we are now facing higher inflation, and ongoing labour shortages. These factors are impacting the costs we incur to provide our services. Additionally, it is important to set rates and fees that remain affordable to the residents of Clarington. The work completed by staff to present these rates and fees has taken into consideration all these factors. When approved by Council, the rates and fees will be reflected in our 2023 operating budget. 1. Background 1.1 Rates and Fees moved to an annual report in 2021, approving fees to be in place until September 1, 2022. Subsequently, staff recommended an extension of program and facility fees up to December 31, 2022, and ice rates up to April 1, 2023, through report CSD-011-22. Council approved this recommendation through resolution #GG-213-22. 1.2 During our annual rates and fees review, the objective is to ensure services continue to provide value to the community while, at the same time, remaining fiscally responsible to our taxpayers. 1.3 Benchmarking is conducted with other neighbouring municipalities to ensure that fees are set at affordable, reasonable levels compared to the other lakeshore municipalities across the Region. 1.4 While the effects of COVID-19 have been substantial and have impacted our community over the past two years, staff has also seen the increased cost of supplies required to provide services. Affordability of fees, while being mindful of cost recovery played a significant role in developing the proposed user fee increases. 1.5 Staff reviewed the structure of rates through this reporting cycle with the goal of simplifying the rate structure by removing redundant rates or combining rates into categories to blend fees. Page176 Municipality of Clarington Page 3 Report CSD-014-22 2. 2023 User Fees Methodology and Changes to User Fees 2.1 Staff began reviewing fee structures in May when the CPI was 7.7 percent. Most recently, the CPI (July to July) in Ontario was 7.6 percent. Staff reviewed the impact of these significant percentage increases on user fees and potential impacts on participation. Based on these evaluations, staff has made recommendations on increases based on affordability, service delivery costs, and current demand for services. Increases range from 0 percent in cases where programs could not bear an increase to 10 percent where special events offering food have seen significant cost pressures to deliver the service. 2.2 The pandemic had a significant impact on our fitness service area. Staff have undertaken a review of our fitness programs and services, benchmarking activities/memberships, and evaluating the cost of recovery for each. The goal is to continue to provide family -friendly and affordable services for the community. 2.3 In January of this year, Red Cross announced they would no longer be offering swimming programs, focusing solely on humanitarian efforts. As a result, staff transitioned to the Lifesaving Society program. This will require minor increases in some aquatic services. Staff have also reviewed our swimming lesson categories and have updated these categories to streamline the services. 2.4 Staff are proposing an incremental increase to our Parent & Tot and Stick & Puck activities, with the goal of bringing them in -line with other drop -in fees. There are also increases in both general interest programs and adult 55+ special event fees due to the rising costs of supplies, and to better align them with comparative benchmarks. 2.5 Facility room rentals have had a significant restructuring. With the goal of optimizing the use of our multi -purpose spaces, we are opening currently dedicated rooms in our facilities for wider community use. While our programs will continue to receive priority in these spaces, there will be opportunity to permit community rentals, especially during underutilized times. These changes require restructuring of facility rates as proposed in this report. 2.6 Staff also propose the introduction of a new commercial rate for many of our indoor rental spaces. We are seeing an increased demand for private businesses to rent our facilities. These new rates would reflect the "for profit" nature of these businesses and would help offset our lower resident and community rental rates. These proposed rates are consistent with other Durham municipalities. 2.7 Outdoor rental rates were significantly restructured and approved through report CSD- 004-22. As a result, there are minimal changes to this section. To ensure affordability of Page177 Municipality of Clarington Report CSD-014-22 Page 4 rates a standard 3% increase was applied, except to artificial turf, where a 2% increase was applied to bring it more in line with comparative benchmarks. 2.8 Administration charges have remained largely unchanged. There has been the addition of an aquatic leadership discount aimed at encouraging swimming participants to continue the path to becoming a lifeguard. Staff view this as a key recruitment initiative in addressing our current aquatic staffing shortage. Staff is also recommending a change in naming convention from the Membership Access Program to Inclusion Membership Discount. This change supports Clarington's goal of enhancing community inclusion diversity and equity. Challenges and Future Considerations 2.9 Currently we provide significant discounts for programs of services, based solely on age that does not consider a participant's ability to pay. While age -based discounts can be important to continue, they can have significant revenue and cost recovery implications. In many cases, these discounts are applied to registered programs with fixed costs. We will be undertaking a detailed benchmarking exercise and will be bringing forward options for Council to consider in the future. 2.10 Presently, we provide several outdoor rental spaces at no charge, including gazebos, green spaces, and picnic areas. While this is a benefit to the community, we are also faced with increasing operational costs to manage the permitting and the maintenance of these spaces. No change to this practice is proposed in this report, however, we will continue to evaluate this. This may result in the future introduction of nominal fees to help mitigate the rising costs. This was previously successful when Council approved the introduction of fees for parent/tot and other skating programs in 2021. 3. Financial Considerations 3.1 As mentioned earlier in this report, the current inflation situation is impacting the cost of supplies and services needed for the delivery of our recreation facilities and programs. With approval of the proposed rates and fees, staff will utilize these rates in the preparation of the 2023 budget submission. 3.2 Municipalities are restricted in the types of revenues they can generate. Property taxes are the primary revenue source and appropriate for services and infrastructure that benefit the community as a whole. Another source of revenues are user -fees for cost recovery. These user -fees are appropriate where there are costs that can be quantified and benefit a specific person (or group). 3.3 Community services facilities and programs have both a public benefit and well as user specific benefits. For example, swimming lessons benefit individuals, however, there is Page178 Municipality of Clarington Page 5 Report CSD-014-22 also a community benefit through teaching children and adults water safety and drowning prevention. 3.4 Financial Services will be working with all departments over the coming year to develop policies for the application of user -fees. This may require changes to our overall pricing strategy in the future. 4. Concurrence 4.1 This report has been reviewed by the Deputy CAO/Treasurer who concurs with the recommendations. 5. Conclusion 5.1 It is respectfully recommended that Council approve the recommendations in this report. Staff are confident the proposed rates and fees for 2023 reflect the objectives we have set out in this report, which include providing quality programs and services to our community at reasonable rates. Staff Contact: Lee -Ann Reck, Manager, Client Services, 905-623-3379 ext. 2508 or Ireck(a�clarington.net . Attachments: Attachment 1 — Community Services Rates and Fees 2023 Interested Parties: There are no interested parties to be notified of Council's decision. Page179 Attachment 1 to CSD-014-22 Community Services Department - Fitness Schedule of Rates and Fees January 1 to December 31, 2023 Program or Service Age Category HST Y/N Unit of Measure Previous Fee Proposed Fee $ Change YOY % increase Memberships Group Fitness Adult annual Adult Yes 12 month $345.00 $365.70 $20.70 6.00% Fitness Centre Adult - annual Adult Yes 12 month $400.00 $410.00 $10.00 2.50% Fitness Plus Adult - annual Adult Yes 12 month $563.00 $577.08 $14.08 2.50% Locker Rental All Yes 12 month $80.00 $80.00 $0.00 0.00% Pay As You Go Fitness Centre (CCC) Adult Yes per visit $10.25 $10.46 $0.21 2.00% Fitness Drop in Multi Pack (Min 10) Adult Yes per visit $9.30 $9.45 $0.15 1.60% Group Fitness Adult Yes per visit $8.50 $9.08 $0.58 6.80% Group Fitness Mulit Pack Min 10 Adult Yes per visit $7.65 $8.19 $0.54 7.00% General Programming General Fitness Programs Adult Yes per hour $5.80 $6.26 $0.46 8.00% Fitness Workshops Adut Yes per hour $12.35 $12.84 $0.49 4.00% Personal training/Fitness Assessment Adult Yes 1 hr $48.50 $50.44 $1.94 4.00% Adult Yes 5 hrs $46.00 $47.84 $1.84 4.00% Adult Yes 10 hrs $41.60 $43.26 $1.66 4.00% Semi Private Personal Training Adult Yes 1 hr $36.50 $37.96 $1.46 4.00% Adult Yes 5 hrs $34.00 $35.36 $1.36 4.00% High Schools Fit Centre or Group Fitne Youth Yes per student $2.65 $2.83 $0.18 6.80% Dryland Training up to 20 players jAdult IYes I per hour 1 $127.501 $136.171 $8.671 6.80% each additional player jAdult IYes 1perhr 1 $10.501 $11.211 $0.711 6.80% Page180 Attachment 1 to CSD-014-22 Community Services Department -Aquatics Schedule of Rates and Fees January 1 to December 31, 2023 Program or Service Age Category HST Y/N Unit of Measure Previous Fee Proposed Fee $ Change YOY %increase Swim Skate Membership Adult - Annual Adult Yes 12 month $198.00 $207.90 $9.90 5.00% Group/Family - annual All Yes 12 month $360.00 $378.00 $18.00 5.00% Group/Family - additional youth All Yes 12 month $74.25 $77.96 $3.71 5.00% Drop -In Pay As You Go Swim/Skate Adult Yes per visit $4.20 $4.33 $0.13 3.00% Youth No per visit $3.20 $3.30 $0.10 3.00% Senior Yes per visit $3.20 $3.30 $0.10 3.00% Family/Group Yes per visit $10.15 $10.45 $0.30 3.00% 3 yrs & under No per visit $0.00 $0.00 $0.00 3.00% Swim/Skate Visits Multi Pack Adult Yes per visit $4.15 $4.36 $0.21 5.00% 10 visit minimum, no max Youth No per visit $2.90 $3.05 $0.15 5.00% Senior Yes per visit $2.90 $3.05 $0.15 5.00% Family/Group Yes per visit $9.13 $9.59 $0.461 5.00% Aquatic Programming Category A Lessons Youth No per hour $18.90 $19.37 $0.47 2.50% Category B Lessons All No per hour $13.30 $13.63 $0.33 2.50% Category C Lessons Youth No per hour $57.50 $58.94 $1.44 2.50% Category D Lessons Youth No per hour $36.50 $37.41 $0.91 2.50% Aquatics Lifesaving and Leadership (excluding manuals) Bronze Star Youth No per hour $9.90 $10.10 $0.20 2.00% Bronze Medallion & Emerg First Aid Youth Yes per hour $8.32 $8.49 $0.17 2.00% Bronze Cross Youth No per hour $7.55 $7.70 $0.15 2.00% Swim Instructor Youth Yes per hour $5.95 $6.07 $0.12 2.00% Lifesaving Society Instructor IYouth IYes 1per hour $4.151 $4.231 $0.08 2.00% National Lifeguard (NL) - Full course IYouth IYes I per hour 1 $5.951 $6.071 $0.121 2.00% Page 181 Attachment 1 to CSD-014-22 Community Services Department -Aquatics Schedule of Rates and Fees January 1 to December 31, 2023 Program or Service Age Category HST Y/N Unit of Measure Previous Fee Proposed Fee $ Change YOY %increase National Lifeguard (NL) - Recert Youth Yes per hour $14.00 $14.28 $0.28 2.00% Standard First Aid/CPR C Youth/Adult Yes per hour $5.90 $6.141 $0.24 4.00% Aquatics Advanced Leadership First Aid Instructors Adult Yes per hour $5.50 $5.61 $0.11 2.00% National Lifeguard Instructors Adult Yes per hour $6.25 $6.38 $0.13 2.00% Bronze Examiners Adult Yes per hour $5.00 $5.10 $0.10 2.00% Aquatic Fitness Instructor Certification Adult Yes per hour $19.06 $19.44 $0.38 2.00% Page182 Attachment 1 to CSD-014-22 Community Services Department - Pay As You Go Schedule of Rates and Fees January 1, 2023 to December 31, 2023 Program HST Unit of Previous Proposed $ Change % or Service Age Category Y/N Measure Fee Fee HST YOY increase Drop -In Pay As You Go 55+ Drop In General Drop -In Activities Senior Yes per visit $1.75 $1.86 $0.24 $0.11 6.00% Sports Drop -in Adult Yes per visit $5.10 $5.30 $0.69 $0.20 4.00% Senior Yes per visit $2.00 $2.12 $0.28 $0.12 6.00% youth NO pe-PASit $8 W $4D-9 N/4 $0:$9 9:90% General Drop -In Activities Multi Pack i Senior Yes per visit $1.55 $1.64 $0.21 $0.09 6.00% Sports Drop -in Multi Pack min 10 Pui Adult Yes per visit $4.60 $4.78 $0.62 0.181 4.00% youth dYes NO its $2�-G9 $23,W NIA $ -- 9 8 : 9&� 55+ Sport Drop -In Activities Multi Pac Senior per visit $1.70 $1.80 $0.23 $0.10 6.00% Skatinq Shinny Visits(hockey) Adult Yes per visit $6.401 $6.78 $0.88 $0.38 6.00% Senior/Youth Yes per visit $4.75 $4.75 $0.62 $0.00 0.00% Shinny Visits(hockey) Multi Pack (mir Adult Yes per visit $5.80 $6.10 $0.79 $0.30 5.25% Senior/Youth Yes per visit $4.25 $4.27 $0.56 $0.02 0.50% Weekday Senior Rate Senior Yes per visit $1.00 $1.50 $0.20 $0.50 50.00% Parent and Tot Skate / PT Stick & Pu Adult Yes per visit $2.00 $3.00 $0.39 $1.00 50.00% Parent and Tot Skate / PT Stick & Pu Child 3 & under No per vist $0.00 $0.00 N/A $0.00 0.00% Parent & Tot Skate / PT Stick and Pu outh No per visit $1.00 $1.50 N/A $0.50 50.00% General Interest/Sports Drop In Children/Youth Specialized - Lvl. 1 Youth No per hour $4.03 $4.30 N/A $0.27 6.80% Children/Youth Specialized - Lvl. 2 Youth No per hour $6.18 $6.60 N/A $0.42 6.80% Children/Youth Sports - Lvl. 1 Youth No per hour $3.90 $4.17 N/A $0.27 7.00% Children/Youth Sports - Lvl. 2 Youth No per hour $4.40 $4.70 N/A $0.30 6.80% Children/Youth Arts - Lvl. 1 IYouth INo I per hour 1 $5.601 $5.98 N/Al $0.381 6.80% Children/Youth Arts - Lvl. 2 IYouth INo I per hour 1 $7.501 $8.01 N/Al $0.511 6.80% Page183 Attachment 1 to CSD-014-22 Community Services Department - Pay As You Go Schedule of Rates and Fees January 1, 2023 to December 31, 2023 Program or Service Age Category HST Y/N Unit of Measure Previous Fee Proposed Fee HST $ Change YOY % increase Preschool Programs/Workshops Youth No per hour $9.73 $10.39 N/A $0.66 6.80% Child/Youth Sports Leagues Youth No per hour $8.50 $9.08 N/Al 0.58 6.80% Adult Sports Leagues - non ice Adult Yes per hour $13.75 $14.69 $1.91 $0.94 6.80% Adult Sports Adult Yes per hour $4.08 $4.36 $0.57 $0.28 6.80% Adult Dance Adult Yes per hour $4.90 $5.23 $0.68 $0.33 6.80% Adult Specialized Adult Yes per hour $4.85 $5.18 $0.67 $0.33 6.80% Principles of Healthy Child Developm Youth Yes per hour $10.20 $10.89 $1.42 $0.69 6.80% Workshops Child/Youth Youth Yes per hour $9.40 $10.04 $1.31 $0.64 6.80% Workshops Adult Adult Yes per hour $11.50 $12.28 $1.60 $0.78 6.80% Workshops Community JAII Yes per hour $35.00 $37.38 $4.86 $2.38 6.80% Birthday Parties (up to 16 children) IYouth No per party $235.001 $250.98 N/A $15.98 6.80% 55+ Active Adults General Programs Senior Yes per hour $3.25 $3.53 $0.46 $0.28 8.50% Specialty Programs Workshops Senior Yes per hour $4.50 $4.81 $0.62 $0.31 6.80% Specialty/Therapeutic Programs Senior Yes per hour $5.70 $6.09 $0.79 $0.39 6.80% Luncheon Senior Yes per visit $9.00 $9.90 $1.29 $0.90 10.00% Special Event with Refresments Senior Yes per visit $12.25 $13.48 $1.75 $1.23 10.00% Special Event with Meal and Entertainme Senior Yes per visit $18.00 $19.80 $2.57 $1.80 10.00% Tournaments Senior Yes per hour $3.50 $3.74 $0.49 $0.24 6.80% Tournaments Senior Yes per hour 1 $3.50 $3.74 $0.49 $0.24 6.80% Community Development Trade Shows Trade Booth Comm Grp/NFP Yes per event $0.00 $0.00 $0.00 $0.00 0.00% Private Org No per event $25.14 Trade Booth Hydro Yes $27.28 $3.55 $2.14 8.50% Trade Booth Private org Hvdro Yes per event $50.29 $54.56 $7.09 $4.27 8.50% Page184 Attachment 1 to CSD-014-22 Community Services Department - Camps Schedule of Rates and Fees January 1, 2023 to December 31, 2023 Program or Service Age Category Unit of Measure previous Fee Proposed Fee HST 2022 Fee (tax included) $ Change YOY 016 increase Camps Category A Youth per hour $4.90 $5.19 N/A N/A $0.29 6.00% Category B Youth per hour $5.20 $5.51 N/A N/A $0.31 6.00% Category C Youth per hour $6.60 $7.00 N/A N/A $0.40 6.00% Category D - NEW Youth per hour NEW $7.10 N/A N/A N/A 0.00% Camp Extended Care Youth per hour $2.68 $3.06 N/A N/Al $0.38 14.00% Page185 Attachment 1 to CSD-014-22 Community Services Facility Rental Rates Facility Rates January 1 2023 to December 31 2023, Ice, Floor and Turf May 1, 2023 to December 31, 2023 Room Type Location Fee Types Unit of Measure Previous Rate Proposed Fee $ Change YOY % increase Category A Resident per hour $102.50 $109.47 $6.97 6.80% Licensed Event Community Group per hour $92.00 $92.00 $0.00 0.00% New Rate Commercial Group per hour NEW $125.89 NA NA Resident per hour $101.00 $101.00 $0.00 0.00% Unlicensed Event Community Group per hour $81.00 $81.00 $0.00 0.00% New Rate Commercial Group per hour NEW $116.50 NA NA Category B Resident per hour $78.00 $78.00 $0.00 0.00% Licensed Event Community Group per hour $70.50 $70.50 $0.00 0.00% New Rate Commercial Group per hour NEW $93.15 NA NA Resident per hour $75.00 $75.00 $0.00 0.00% Unlicensed Event Community Group per hour $60.00 $60.00 $0.00 0.00% New Rate Commercial Group per hour NEW $86.25 NA NA Category C Resident per hour $56.50 $56.50 $0.00 0.00% Licensed Event Community Group per hour $50.50 $50.50 $0.00 0.00% New Rate Commercial Group per hour NEW $65.55 NA NA Resident per hour $55.00 $55.00 $0.00 0.00% Unlicensed Event Community Group per hour $32.00 $32.00 $0.00 0.00% New Rate Commercial Group per hour NEW $65.55 NA NA Category D Resident per hour $40.25 $40.25 $0.00 0.00% Unlicensed Event Community Group per hour $30.25 $30.25 $0.00 0.00% New Rate Commercial Group per hour NEW $35.95 NA NA Extra fees Stage set up New Rate perequipment NEW $50.00 NA NA New Rate 1-4 sections per equipment NEW $20.00 NA NA Drapery rental New Rate 5-10 sections - per equipment NEW $40.00 NA NA New Rate 11+ sections per equipment NEW $80.00 NA NA Arena Rentals - Effective Dates May 1 - December 31, 2023 Adult per hour $228.68 $232.11 $3.43 1.50% Ice Prime Time Youth/Community Group per hour $179.28 $181.97 $2.69 1.50% New Rate Commercial per hour NEW $266.92 NA NA Adult per hour $171.55 $175.84 $4.29 2.50% Ice Non Prime Time Youth/Community Group per hour $121.59 $124.63 $3.04 2.50% Page 186 Attachment 1 to CSD-014-22 Room Type Location Fee Types Unit of Measure Previous Rate Proposed Fee $ Change YOY % increase New Rate Commercial per hour NEW $202.22 NA NA 5 skater ice rate New Rate All per hour NEW $85.00 NA NA Adult per hour $88.52 $91.18 $2.66 3.00% Floor Rate Youth/Community Group per hour $74.28 $76.51 $2.23 3.00% New Rate Commercial per hour NEW $107.00 NA NA Indoor Soccer - Effective Dates May 1 - December 31, 2023 Adult per hour $195.87 $198.81 $2.94 1.50% Prime Time - Full Field Youth/Community Group per hour $161.27 $163.69 $2.42 1.50% New Rate Commercial per hour NEW $228.63 NA NA Adult per hour $161.27 $163.69 $2.42 1.50% Non Prime Time - Half Field Youth/Community Group per hour $117.27 $119.03 $1.76 1.50% New Rate Commercial per hour NEW $188.24 NA NA Adult per hour $98.70 $100.18 $1.48 1.50% Prime Time - Half Field Youth/Community Group per hour $80.64 $81.85 $1.21 1.50% New Rate Commercial per hour NEW $115.21 NA NA Adult per hour $80.64 $81.85 $1.21 1.50% Non Prime Time - Half Field Youth/Community Group per hour $59.02 $59.91 $0.89 1.50% New Rate Commercial per hour NEW $94.13 #VALUE! NA Outdoor Lacrosse Adult per hour $26.00 $26.78 $0.78 3.00% Bowl Rate Youth/Community Group per hour $16.00 $16.48 $0.48 3.00% New Rate Commercial per hour NEW $30.79 NEW NEW Squash Rental Squash Club Court Rental Adult per month $0.00 $750.00 $0.00 0.00% Gymnasium Rentals Adult per hour $55.50 $57.17 $1.67 3.00% Full Gymnasium Youth per hour $39.60 $40.79 $1.19 3.00% New Rate Commercial per hour NEW $65.74 NA NA Adult per hour $41.00 $41.00 $0.00 0.00% Half Gymnasium Youth per hour $26.00 $26.00 $0.00 0.00% New Rate Commercial per hour NEW $47.15 NA NA Adult per hour $23.30 $24.00 $0.70 3.00% South Courtice Gym Youth per hour $17.15 $17.66 $0.51 3.00% New Rate Commercial per hour NEW $27.60 NA NA Swimming Pool Rentals Pool (2 guards) All per hour $152.20 $159.81 $7.61 5.00% New Rate Commercial per hour NEW $183.75 NA NA Lifeguards (slide, tot pool) Per Staff per hour $23.40 $24.57 $1.17 5.00% Swim Club / School Board Youth per hour $63.80 $66.99 $3.19 5.00% Page 187 Attachment 1 to CSD-014-22 Room Type Location Fee Types Unit of Measure Previous Rate Proposed Fee $ Change YOY % increase Swim Club / School Board Adult per hour $77.00 $80.85 $3.85 5.00% Page 188 Attachment 1 to CSD-014-22 Community Services Department - Outdoor Permits Schedule of Rates and Fees January 1 to December 31, 2022 Program or Service Category HST Y/N Unit of Measure Previous Fee Proposed Fee $ Change YOY % increase Sports Fields Major Field - Lit Youth No per hour $32.02 $32.98 $0.96 3.00% Adult Yes per hour $54.00 $55.62 $1.62 3.00% Commercial NEW Yes per hour NEW $63.96 NA NA Major Field - Unlit Youth No per hour $4.70 $4.84 $0.14 3.00% Adult Yes per hour $27.00 $27.81 $0.81 3.00% Commercial NEW Yes per hour NEW $31.98 NA NA Tournaments Adult No per day $204.20 $210.33 $6.13 3.00% Minor Fields Youth No per hour $3.80 $3.91 $0.11 3.00% Adult Yes per hour $15.00 $15.45 $0.45 3.00% Commercial - Yes per hour NEW $17.76 NA NA Batting Cages Youth No per hour NO CHARGE NA NA NA Artificial Turf Field Turf Rental - Lit Youth No per hour $80.00 $81.60 $1.60 2.00% Adult Yes per hour $95.00 $96.90 $1.90 2.00% Commercial NEW Yes per hour NEW $111.44 NA NA Turf Rental - Unlit Youth No per hour $55.00 $56.10 $1.10 2.00% Adult Yes per hour $65.00 $66.30 $1.30 2.00% Commercial NEW I Yes I per hour INEW 1 $76.25 1 NA I NA Park Permits Gazebo Resident Yes per hour NO CHARGE NA NA NA Picnic Areas - Picnic Resident Yes per hour NO CHARGE NA NA NA Special Event Resident Yes per hour $36.45 $37.54 $1.09 3.00% Commercial NEW Yes NA NEW $77.86 NA NA Stage Rental Fee - minimum 3 hours All Yes As $48.67 $50.13 $1.46 3.00% Page189 Attachment 1 to CSD-014-22 Community Services Department - Administrative Charges and Definitions Schedule of Rates and Fees January, 1, 2023 to December 31, 2023 Program Category Unit of Measure Previous Fee Proposed Definitions or Service (youth, adult, senior) Fee Administration Charges Cancellation/Refund Fee All per transaction $10.00 $10.00 HST applied NSF Fee All per NSF payment $35.00 $35.00 HST applied Replacement Access Card All per lost card $5.00 $5.00 Non Residents All per transaction 10% 10% any person living outside of the municipality Statutory Holiday Rental Surcharge All per hour on holiday any rental when a facility would otherwise be closed on a $80.251 $83.49 1 statutory holiday premium charged to rentals Facility Cancellation Charges/Definitions Facility Cancellation Fee - Long Term (15 or All per hour turn back 15 or more calendar days from date of rental; more calendar days) o 10% 0 10% Facility Cancellation Fee - Long Term (less than All per hour turn back 14 calendar days or less from date of rental 15 calendar days) o 50% 0 50 /o Facility Cancellation Fee - Spot Rentals (15 or All per contract 15 or more calendar days from date of rental; more calendar days) o 10% 0 10 /o Facility Cancellation Fee - Spot Rentals (less All per contract 14 calendar days or less from date of rental than 15 calendar days) o 50 % o 50 /o Program Discounts//Definitions Senior Discount 55 years of age or older registered programs o 50% o 50 /a review discount, should age based only be on memberships select registered must have proof of registration in a completed Clarington Aquatic Leadership Discount - NEW Per registraiton aquatic program in the last 3 years (only specific programs, programs 0% 20% not all lifesaving and leadership Discounts/Definitions MAP (Membership Access Program - includes Require proof of permanent or temporary disability, for Fitness and Swim/Skate Rename: Inclusion Adults membership permanent disability proof only required for first application Membership Discount o 50% o 50 /o MAP (Membership Access Program - includes Require proof of permanent or temporary disability, for Fitness and Swim/Skate) - Rename: Inclusion Youth/Seniors membership permanent disability proof only required for first application MembershipDiscount o 20 /0 o 20 /o Youth Membership Discount - all memberships 13-17 years of age membership 50% 50% Review amount of discount 2023 Family Discount NEW - Fitness Only all ages Fitness new family discount to replace family membership, proof of Membership o 0 /0 o 20 /o same address is required Senior Membership Discount - all memberships 55 years of age or membership, 50% 50% Review amount of discount 2023 Student Membership Discount - Fitness only Full time students membership 25% 25% Any employee of Company must have a minimum of 10 employees, proof of Corporate Membership Discount - fitness only approved companies Membership o 20 /0 o 20 /o employment at time of registration, if group falls below 10 people, discount removed Page 190 Attachment 1 to CSD-014-22 Program Category Unit of Measure Previous Fee Proposed Definitions or Service (youth, adult, senior) Fee Any employee of the as per the collective agreeement for affiliated staff, discount Employee Discount Municipality of memberships 50% 50% is extended to all staff, includes recertification courses for Clarington Part Time staff that are offered by the municipality Page 191 MUNICIPALITY OF CLARINGTON JOINT GENERAL GOVERNMENT AND PLANNING AND DEVELOPMENT COMMITTEE RESOLUTION # DATE SEPTEMBER 12, 2022 MOVED BY CORINNA TRAILL SECONDED BY WHEREAS when an Official Plan Amendment, Rezoning Application, Zoning By-law Amendment or Zoning By-law Application is being considered by Council, and Clarington law enforcement has file open which runs concurrent to and pertains to the subject of such Official Plan Amendment, or Zoning By- law Amendment or Rezoning Application, past practice has been for Clarington Law Enforcement to stay the file pending a final resolution by Council of such Amendment or Application being considered. WHEREAS the interests of justice dictate that like cases should be treated in a like manner; and WHEREAS Council has final say on all policy matters; 1. The Enforcement By -Law be amended to reflect that where a by-law matter has a policy component, the past practice as per Official Plan Amendments, Rezoning Applications, Zoning By -Law Amendments and Zoning By -Law Applications of staying the by-law enforcement matter pending a final resolution of Council on the policy aspect of the enforcement matter shall automatically apply; and 2. This amendment to the Enforcement By -Law applies to all ongoing and future by-law enforcement matters but shall have no retroactive application; and 3. If there is uncertainty as to whether a by-law enforcement matter has a "policy" component, the issue shall be referred to Council for a determination. Page192 MUNICIPALITY OF CLARINGTON JOINT COMMITTEE RESOLUTION # DATE September 12, 2022 MOVED BY Councillor Neal SECONDED BY Councillor Jones That the election sign bylaw be amended such that a boulevard abutting a landowner's property where the landowner has consented to the sign not be subject to the 500 metre restriction. Page193 Clarftwn 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 12, 2022 Submitted By: Trevor Pinn, Deputy CAO/Treasurer Reviewed By: Mary -Anne Dempster, CAO File Number: Report Subject: 2022 DMIP Insurance Renewal Recommendation: Report Number: FSD-032-22 By-law Number: Resolution#: 1. That Report FSD-032-22, and any related delegations or communication items, be received for information; 2. That the general insurance placement, in conjunction with the other member municipalities of the Durham Municipal Insurance Pool, with Intact Insurance for an integrated pooling arrangement that includes integrated insurance coverages and common self -retention deductible levels for the period July 1, 2022 to June 30, 2023, at a cost of $1,088,596 to the Municipality of Clarington be confirmed; and 3. That the purchase of cyber liability coverage through CFC at a cost of $50,500 be confirmed. Page194 Municipality of Clarington Report FSD-032-22 Report Overview Page 2 2020/2021 has been another successful year for the Durham Municipal Insurance Pool (DMIP) and the Municipality of Clarington has benefitted through a premium increase of 9.3 per cent (2021 — 7.3 percent increase). This report is primarily an update on the status of the DMIP and current initiatives being undertaken. 1. Background 1.1 The purpose of this report is to provide an update to the General Government Committee regarding the status of the Municipality's insurance program through the Durham Municipal Insurance Pool (DMIP or the Pool). The DMIP is now entering its twenty-second year of successful operations. 1.2 Clarington is a founding member of the DMIP which was established to achieve financial savings by co-operatively purchasing insurance coverages with local and pool level deductibles and by implementing common risk management practices. The Pool protects participating municipalities from increasing insurance premium costs through an alternative risk -financing program with a higher single deductible and collectively self -insuring claims within that deductible. 1.3 The DMIP was launched in July 2000 with the participation of the Town of Ajax, Town of Whitby, Municipality of Clarington, Township of Brock, Township of Scugog, Township of Uxbridge and the Region of Durham. The City of Oshawa joined the pool effective July 1, 2017. 1.4 Member municipalities are provided coverage in the areas of general liability, errors and omissions, auto liability and property insurance. The DMIP provides municipal specific resources such as loss prevention programs, claims handling, advice for boards and committees, site audits, review of contracts and training. 1.5 The Municipality's insurance coverage renewed on July 1, 2022. At its meeting on November 25, 2019, GGC passed resolution #GG-547-19 which provided approval to remain in the DMIP for the 2020/21 renewal term and provided the Deputy CAO/Treasurer (at the time Director of Finance/Treasurer) the discretion to determine when a review of the Municipality's insurance may next be conducted, such time not to exceed five years. 1.6 Given the current state of insurance in Ontario (as noted below), that being one with escalated prices or even the refusal of coverage, Staff do not feel that this is the right time to conduct a market review given we attempted two years ago, and the insurance Page195 Municipality of Clarington Page 3 Report FSD-032-22 market as hardened more since that time. Staff will continue to monitor the market to determine the appropriate time to conduct the next review. 2. 2022/2023 Insurance Coverage Renewal 2.1 Within the terms of the subscribers' agreement, DMIP members agree to contribute sufficient funds to pay administration costs, expenses (including actuarial and audit), premiums and a claim funding amount that is supported by full actuarial projections and analyses. 2.2 DMIP members are also required to give a minimum six months' notice of termination if they wish to leave the pool. To date no member of the pool has asked to leave while one of the two Durham municipalities that did not originally found the pool have asked to be admitted. 2.3 The DMIP has been able to position itself to minimize the impact of increases in insurance premiums paid to insurance companies related to property, casualty and liability coverages. 2.4 For 2022/2023, the DMIP negotiated with the insurer and has secured the broadest and most comprehensive coverage available to municipalities. The Municipality's increase is 9.3 per cent, or $92,245. 2.5 The allocation methodology was reviewed for 2020/2021. The DMIP reviews the allocation approximately every three years. The Municipality saw a decrease in its participation rate from 12.42 per cent to 11.06 per cent. The Region of Durham is allocated 50.65 percent for the portion of Regional activities included in the DMIP. 2.6 The Board of Directors of the Durham Municipal Insurance Pool has placed coverage with Intact Insurance (formerly Frank Cowan Company) for an integrated pooling arrangement. There has not been a change in the insurance coverage or services received by the DMIP. 2.7 For 2022/2023 the cyber insurance coverage will change from Ascent to CFC, this is the third different provider in three years. The deductible has decreased from $75,000 to $50,000, with the premium being $50,500. Overall, Staff feel that the value is fair for the Municipality and it provides protection against cyber risks. 3. Benefits of an Insurance Pool 3.1 The main components of the structure of the Durham Municipal Insurance Pool arrangements are summarized as follows: Page 196 Municipality of Clarington Report FSD-032-22 Page 4 • Each municipality retains their respective current deductibles ranging from $5,000 to $100,000 (Clarington's deductibles are primarily $25,000 (liability) and $5,000 (fleet); • The pool self -insures losses between these local deductibles and a per claim limit of $500,000 (on a group basis) for integrated coverages; • Under this structure, local municipalities are responsible for funding losses from $0 to their individual deductible amounts ($25,000 in the case of Clarington); • Between these local municipal deductibles and the pooled retention limit of $500,000, the eight (8) members share the cost on a collective basis; and • Excess of a $500,000 per claim loss, the members purchase insurance from municipal insurers for protection on a collective basis against catastrophic claim losses. 3.2 During its over 20 years of existence, this innovative risk financing venture continues to be a highly effective method by which the municipalities have enjoyed: • Broader insurance coverage; • Control over the costs of insurance claims below the $500,000 deductible; • Pro -active, comprehensive and coordinated risk management services to reduce property and liability exposures; • Increased investment income on the retained portion of the pre -funded claims loss reserve; and • Increased price stability. 3.3 As the DMIP is self -funded to a degree, there are opportunities for surpluses to be refunded to the Municipality. The Municipality has received refunds in 2014 ($202,950), 2016 ($223,500), 2017 ($544,740), 2020 ($91,155) and 2021 ($91,366) for a total refund of $1,153,711. 3.4 At the May 2019 DMIP Board meeting it was approved that from 2020 to 2028 the founding members (including Clarington) would receive an annual payment from the accumulated surplus in the pool. It is estimated, subject to annual review, that the Municipality will receive $91,100 per year. In keeping with past practice, this will be used to fund risk management initiatives (including safety audits, sign replacement, and other projects which lowers the risk to the Municipality and residents). As part of the 2022 Budget, funds were utilized to modify certain areas of recreation facilities to improve sightlines and mitigate risk to patrons. 3.5 The estimated rebate in 2022/2023 is $96,965 which is in excess of the insurance increase for the year. These funds will be placed into the reserve for future use in risk mitigation activities. These funds will be received in June 2023. 3.6 At December 31, 2021, the balance in the Self -Insured Losses Reserve was approximately $840,327. These funds can be utilized for risk -mitigation activities Page 197 Municipality of Clarington Page 5 Report FSD-032-22 throughout the Municipality. In the past, funds have been used to conduct risk audits, additional sidewalk repairs and other similar capital activities to reduce risk. These funds are primarily used to fund the Municipality's deductible. In 2022, Council approved $200,000 from this reserve to fund capital projects related to risk mitigation. Staff will be working with departments to identify risk -mitigation activities, such as risk -audits or capital improvements, to be considered to be funded from this reserve in the draft 2023 budget. Insurance Market in Ontario 3.7 The past three years have seen a hardening of the insurance market in Ontario. This hardening is cyclical, and similar situation was the reason why the DMIP was created. 3.8 Municipalities are seeing premium increases that can be in excess of 50 per cent, with many municipalities seeing at least 10 per cent increases. 3.9 The hardening markets and increased premiums have resulted in several municipalities, as well as the Association of Municipalities of Ontario (AMO), look at developing their own insurance pools modeled after the two existing pools in the Region of Durham and the Region of Waterloo. 3.10 There continues to be advocacy from municipal associations for reform to the joint and several liability legislations that currently exist in Ontario. Staff at Clarington and at the DMIP continue to monitor this development. 4. Financial Considerations 4.1 Insurance continues to be a prudent way to mitigate financial risk to the Municipality. The DMIP provides a stable form of insurance and risk management advice to the Municipality. 4.2 The rebate expected to be received in 2023 is in excess of the premium increase for the year; the increase in premium is below what other municipalities are experiencing in these markets and would therefore indicate that changing insurance providers is not advised at this time. 4.3 Insurance and deductible budgets for 2023 will be adjusted to reflect the increased cost of insurance. 5. Concurrence Not Applicable. Page 198 Municipality of Clarington Report FSD-032-22 6. Conclusion Page 6 It is respectfully recommended that Council endorses the insurance program for the 2022/2023 fiscal year. Staff Contact: Trevor Pinn, CPA, CA, Deputy CAO/Treasurer, 905-623-3379 ext.2602 or tpinn@clarington.net. Attachments: Not Applicable Interested Parties: There are no interested parties to be notified of Council's decision. Page199 Clarftwn 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 12, 2022 Submitted By: Trevor Pinn, Deputy CAO/Treasurer Reviewed By: Mary -Anne Dempster, CAO File Number: Report Subject: 2023 Budget Guidelines Recommendations: Report Number: FSD-034-22 Resolution#: By-law Number: 1. That Report FSD-034-22 and any related delegations or communication items, be received; 2. That Staff prepare a draft budget maintaining existing, pre-COVID levels of service and provide Council with service level adjustment options; 3. That Staff include requests from external agencies maintaining existing service levels, and any changes to service levels be submitted separately for consideration; 4. That the 2023 budget schedule, as outlined within Report FSD-034-22, be approved; and 5. That all interested parties listed in Report FSD-034-22 and any delegations be advised of Council's decision. Page 200 Municipality of Clarington Report FSD-034-22 Report Overview Page 2 Council adopted a budget policy in 2019 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 creating and preparing the annual operating and capital budgets. 1.2 As part of the policy, the Deputy CAO/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 Factors 2.1 The Municipality of Clarington's budget must consider economic factors impacting the Municipality and local region and the broader economic factors affecting all of Ontario and Canada. This section provides highlights on the economic factors influencing the development of the 2023 budget. Canadian Economy 2.2 In its June 2022 forecast, TD Economics is forecasting an annual change in CPI of 6.7 percent for 2022, lowering to a 2.2 percent increase in 2023. This follows a 2021 yearly CPI increase of 4.7 percent. 2.3 TD is forecasting the Overnight Target Rate (the Bank of Canada Rate) to increase to 3.25 percent by the end of 2022 and remain at that level until the end of 2023. This rate had been at 0.25 percent before 2021 and is the key rate for debt rates and a factor in determining returns for certain fixed -income investments. 2.4 According to Statistics Canada, the Building Construction Price Index (BCPI) for non- residential builds for Toronto increased 17.0 percent from June 2021 to June 2022. The index was set in 2017 as the baseline, therefore, goods costing $100 in 2017 have risen to a cost $140.30 over the five years. Given our geographic proximity to Toronto, this is the most reasonable index. Page 201 Municipality of Clarington Report FSD-034-22 Page 3 2.5 Similarly, the BCPI for residential buildings in the Toronto area increased 26.5 percent from June 2021 to June 2022. For clarity, if costs in 2017 were $100, they would now be $173 due to the increase to the BCPI over the past five years. 2.6 According to Statistics Canada, the Raw Materials Price Index (RMPI) increased 32.4 percent from June 2021 to June 2022. Within this number, crude energy products saw a 72.4 percent increase. Similarly, wood, pulpwood, natural rubber and other forestry products saw a rise of 25.6 percent over the same period. These costs would impact our road repair costs (through asphalt and other sealants), building repair costs (wood, drywall), and operating costs. 2.7 The following chart highlights the inflationary impact over the past five years using the 2017 base year for Statistics Canada. Goods on average costing $100 in 2017 would now cost on average $157 (or a 57 percent increase). Most of this increase is in the past two years. $200.00 $180.00 $160.00 $140.00 $120.00 $100.00 $80.00 $60.00 $40.00 $20.00 Inflationary Impact Based on Statistics Canada Base Year (2017) 2017 2018 2019 2020 2021 2022 ■ BCPI - Residential a BCPI - Non -Residential 2.8 The following chart shows the annual change as a percentage for 2018 to 2022 for the BCPI, the Raw Materials Price Index (RMPI), and the CPI. While the average change for the four indices is 9.2 percent, the average levy increase has been 2.3 percent. Page 202 Municipality of Clarington Report FSD-034-22 Annual Inflationary Index Year over Year Change June 2018 to June 2022 50.00% 40.00% Page 4 30.00% 20.00% 10.00% • . • i • r.: 0.00 aft is . •L P%Z •'ram .. . — . — . — 2018 019 20 2021 2022 -10.00% -20.00% • • • • BCPI - Residential — — — BCPI - Non -Residential RMPI — — CPI- All Items Municipal Levy Change 2.9 In its July 2022 Monetary Policy, the Bank of Canada stated that it expects to see inflation fall from 8 percent in the third quarter of 2022 to roughly 3 percent by the end of 2023. A decline in oil prices and lower housing prices in the second half of 2022 will mitigate inflationary pressures. 2.10 The Bank of Canada is anticipating inflation to return to the 2 percent target by the end of 2024, and global price pressures and domestic demand ease. Higher interest rates will soften demand, reducing domestic inflationary pressures. 2.11 There is no anticipation of deflation in the Bank of Canada's Monetary Report nor the TD Economics forecast; therefore, the inflationary impact of the last two years will create higher costs that are not anticipated to decrease. While the inflation rate will slow, the current prices are not expected to return to pre -pandemic levels. Ontario Economy 2.12 In their June Provincial Economic Forecast, TD Economics noted that while the first half of 2022 was slower for Ontario compared to the rest of Canada, the second quarter appeared to have significant growth due to the Omicron variant as the economy reopened. 2.13 Ontario's job growth outpaced the rest of Canada in the second quarter due to re - openings, professional services and the public sector. Page 203 Municipality of Clarington Report FSD-034-22 Page 5 2.14 Ontario is expected to slow down in the economy due to higher interest rates impacting spending and housing activity. There is expected to be a reduction in the housing market, particularly in the GTA suburbs (such as Clarington), as the housing market corrects itself. The suburbs and exurbs had seen a notable increase in housing prices during the Pandemic. 2.15 It is expected that housing starts will slow in the remainder of 2022; however, the recently elected Conservative Government has announced several initiatives to increase housing starts and reduce red tape. 2.16 In its 2022 Budget, the Government of Ontario projected GDP to increase 3.7 percent in 2022 and 3.1 percent in 2023, before decreasing to approximately 2.0 percent in 2024 and 2025. 2.17 The Province expected inflation of 4.7 percent in 2022, decreasing to 2.5 percent in 2023 and 2.1 percent in both 2024 and 2025. Through the first half of 2022, this projection appears to be low; however, the stated target by the Bank of Canada continues to be 2.0 percent (within a range of 1.0 to 3.0 percent). Historical Economic Information 2.18 The following chart shows the Bank Rate for the past ten years. The Bank Rate sets the tone for the Municipality's debt cost; if the rate increases, our cost of borrowing will also increase. Page 204 Municipality of Clarington Report FSD-034-22 3.00% 2.50% 2.00% 1.50% 1.00% 0.50% 0.00% Page 6 Bank of Canada Bank Rate (Monthly Rate 2012 to 2022) N N M M M �t Ln N l0 W W n n W W W M M O O -1 N a --I a --I c-I c-I ci ci ci a --I a --I a --I c-I ci ci a-i c-I c-I ci ci ci N N N N N N Q va)i i O Q Z Q (Ai i 0 2 O Q Z Q Bank Rate 2.19 The above chart impacts the Municipality's borrowing costs. As the bank rate changes, the cost of debt will also change. Over the past ten years, the cost of debt has been relatively low, seeing an increase from 2017 to 2019 before the COVID-19 Pandemic resulted in the Bank of Canada reducing rates to protect the economy. Interest rates have increased significantly in the second quarter of 2022; however, rates are anticipated to decrease again in 2023. The Municipality's 2022 debenture was issued before the July Bank of Canada surprise announcement of a 100 basis point increase in the bank rate. 2.20 The following chart shows the 1-month and 1-year treasury bill rates. These are the rates for relatively low -risk investments. This would represent a base level return on investment. Page 205 Municipality of Clarington Report FSD-034-22 3.50% 3.00% 2.50% 2.00% 1.50% 1.00% 0.50% 0.00% Page 7 Bank of Canada Treasury Rates (Monthly Rates 2012 to 2022) ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci N N N N N N a a V)� zU) Lo 2 o a z° a • 1 Month Treasury 1 Year Treasury 2.21 As noted above, the Municipality is entering a time of increased interest rates, which should provide additional investment income, following almost ten years of low -interest rates. The ability to earn potentially higher returns on investment can be used to mitigate tax levy increases; however, the interest return is still significantly lower than the increase in inflation that the Municipality is seeing on the expense side. Improved investments can mitigate the inflationary pressures, but they will not completely offset them. 3. 2023 Budget Target Range Per Budget Policy 3.1 The Budget Policy outlined a range for tax levy increases based on a combination of the Consumer Price Index (CPI) and asset management requirements. 3.2 The low end of the range is set at 75 percent of the CPI value plus 1.5 percent, as indicated in the asset management plan. 3.3 The high end of the range is set at 125 percent of the CPI value plus 2.0 percent, as indicated in the asset management plan. Page 206 Municipality of Clarington Page 8 Report FSD-034-22 3.4 The July 2022 all items CPI was 7.60 percent for Ontario. The following table outlines the Municipal Tax Levy increase range: 3.5 The July CPI reflects the increase in costs from July 2021 to July 2022. Part of the increase in CPI relates to COVID-19 recovery as well as global political implications from the Russian invasion of Ukraine. 3.6 The midpoint, which would be the target, is 9.35 percent. 3.7 Based on the 2022 municipal levy of $68,174,213 the policy target would provide approximately $5.2 million for operating expenses (including transfers to reserves and reserve funds, and debt servicing payments) and $1.2 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). 3.8 The advantage of this approach is that it takes into account the increased pricing for goods and services which occurred in 2022. This would mitigate the risk of service level decreases as budgets could be adjusted to reflect the inflationary pressures that are currently happening. Alternative Calculation — Bank of Canada CPI Forecast for 2023 3.9 As in 2021 and 2022, an alternative to a historical CPI is looking at the Bank of Canada's forecast for CPI in the following year. The Bank of Canada uses monetary tools to attempt to keep inflation within a stated target of 1 to 3 percent, with a 2 percent target. 3.10 The July 2022 Monetary Policy Report by the Bank of Canada forecasts a year -over - year CPI change of 3.2 percent for 2023. Using this number as a proxy for the July 2022 CPI, the Budget Policy would have a target range as follows: Page 207 Municipality of Clarington Report FSD-034-22 Page 9 3.11 The midpoint of this range would be a target of 4.95 percent. This would provide approximately $3.4 million in additional revenue (with $1.2 million for capital). The external agency target would be 4.8 percent. 3.12 The downside with this approach is that it does not account for the fact that 2022's inflation was significantly higher than anticipated in 2021. Therefore, the Municipality would still lose purchasing power as there is no recognition of the price escalation during the 2022 year. Further, this still relies on the consumer basket of goods, which is not reflective of the items that the Municipality purchases. Alternative Calculation — Municipal Price Index 3.13 Municipalities are not like typical consumers; the "basket" of goods we purchase are significantly different and may not follow CPI trends. Municipalities have various services and deliver them in different ways. Municipalities in a Regional government may provide other services than those in a County structure, and each municipality may outsource different services versus providing them in-house. No two municipalities are the same; therefore, there is no standard MPI that Statistics Canada calculates. 3.14 This year, Staff have developed an MPI estimate based on the weighting of the Municipal "basket" and estimated inflation factors. The largest items in the "basket" are Wages and Salaries (49.83%) and Benefits (15.17%); both of these factors are currently being confirmed and are not yet set. The third highest weighting is materials and commodities (9.02%). 3.15 Staff have estimated the MPI based on the municipal weighting to be approximately 7.39% for operating expenses. The advantage with this approach is that the inflationary factor more closely resembles the "basket of goods" that the Municipality purchases. There is better alignment then using the CPI, which is based on a consumer basket of goods. Page 208 Municipality of Clarington Report FSD-034-22 Page 10 3.16 There are several downsides. The first is that this calculation is for the operating inflationary pressures. Capital costs have been rising, in some cases doubling, over the past year. The capital inflation is not included in the above. As well, our Asset Management Plan has highlighted that we have an infrastructure deficit which needs to be funded. The 2019 policy used 1.50 percent to 2.00 percent to account for the deficit, that number would be added to the MPI for a target; the 2022 AMP highlighted that this estimate is low and a higher amount would be required. 3.17 Similar to the other alternatives, there is no reflection of the increase in costs that occurred during 2022 that are not anticipated to correct in 2023. Recommended Target 3.18 Each of the approaches above has advantages and disadvantages. Setting a target to a specific number is arbitrary and does not reflect the services and goods that the Municipality needs to provide service to residents. 3.19 The economic environment has been quickly changing over the year, and Staff continue to monitor and adjust forecasts in response to the changes in costs, service availability, technological changes, and legislative environments. 3.20 It is recommended that Staff prepare an operating budget based on the existing levels of service, adjusted to remove any COVID-19 service restrictions included in 2022, without a percentage target. The capital budget should be prepared based on maintaining service levels from our infrastructure assets and prioritizing repairs and maintenance to ensure assets meet the service level expectations. 3.21 It is recommended that external agencies be requested to submit requests without service level enhancements and separately submit proposals for funding service improvements for consideration. 3.22 This approach allows Staff to reset the budget for 2023 in the current economic environment while maintaining service levels. Staff will provide Council with service level changes as separate decision options during the 2023 budget deliberations. Page 209 Municipality of Clarington Report FSD-034-22 4. Budget Calendar Overview Page 11 4.1 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 adjust operating priorities. 4.2 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. 4.3 The 2021 budget process saw the need to have additional time for both the Special GGC deliberation day and 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. This approach appeared to work well from a planning and meeting perspective and will be carried forward to future years. 2023 Key Dates 4.4 Based on the above, the 2023 budget calendar is as follows: January 13, 2023 Draft Budget released January 27, 2023 Special GGC Meeting — Presentation and external agency delegations January 30, 2023 and Special GGC Meeting — Budget deliberations February 3, 2023 February 13, 2023 and Special Council Meeting February 17, 2023 Page 210 Municipality of Clarington Page 12 Report FSD-034-22 5. Key Assumptions for 2023 Levels of Service 5.1 Unless otherwise directed by Council, Staff are not 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. 5.2 While levels of service will remain the same, the Municipality has seen and is expected to continue to see development growth within our borders. This growth will be assumed to require the same level of service. Staff will be highlighting in the 2023 budget the growth -related impacts on operating budgets more clearly so that Council is aware of the increased pressure growth has on our operations. 5.3 Over the past two years, the Municipality has approved three secondary plans, with five expected to be approved in 2023. These secondary plans will facilitate significant growth in the Municipality that will require resources and ongoing infrastructure investment in the Planning and Development Services Department and future maintenance by the Operations Division of Public Works. Additional resources for engineering and parks planning will also be necessary to continue with the expected growth levels in the Municipality in the future. 5.4 In March 2022, the Province of Ontario introduced new legislation requiring municipalities to meet certain timeframes for developer approvals. Failure to meet these timeframes would result in the Municipality refunding fees to the developers. The More Homes for Everyone Act, 2022 received royal assent on April 14, 2022 and these regulations will be in force for January 1, 2023. Staff will also propose additional resources to ensure that the Municipality meets its timeframe requirements and maintains current service levels in the Planning and Development Services Department. 5.5 Requests for additional resources, such as those identified above, will be included in the 2023 Budget through business plans and will include, where practicable, data to support the proposed resourcing. COVID-19 Impact 5.6 Over the past two years, the significant impact on our budget due to COVID-19 has been related to the Community Services Department. Facility and program capacity has been reduced, and resident demand may have been lower than prior to the Pandemic. Staff are currently predicting that 2023 will be a return to pre -pandemic operations. We are not anticipating reductions in capacity or demand on the revenue overall; changes in consumer demands may change the mix of programs offered. Page 211 Municipality of Clarington Report FSD-034-22 Page 13 5.7 As we had prior to COVID-19, we have seen difficulty retaining part-time aquatic Staff (lifeguards and instructors). Based on the current labour shortage documented in the news and by Statistics Canada, staffing availability may impact our ability to provide certain recreational services. The current assumption is that staffing levels will meet demand. 5.8 On the expense side, we anticipate that cleaning our facilities will be at standards not in place prior to COVID-19 and require personal protective equipment that may not have been standard prior to the Pandemic. These are expected to become the new standard going forward. 5.9 It is not anticipated that COVID-19 will significantly impact other departments into 2022. 6. Financial Considerations 6.1 The annual budget process determines the resources available for the Corporation to provide services and invest in the infrastructure required to provide services to taxpayers in Clarington. 6.2 In 2022, the Municipality, businesses, and individuals in Clarington have seen the cost of goods and services increase through inflationary pressures. It is currently too early to determine the long-term cost impact of COVID-19 and the Russian invasion of Ukraine. 6.3 With a new Council coming in 2023, it is prudent to base a draft budget on existing service levels, adjusted for inflation, and provide the new Council with information and options for service changes. 7. Concurrence Not Applicable. 8. Conclusion It is respectfully recommended that Council approve the direction to Staff to develop a draft budget maintaining current levels of service, adjusted for COVID-19, for the 2023 fiscal year. Staff Contact: Trevor Pinn, CPA, CA, Deputy CAO/Treasurer, 905-623-3379 ext.2602 or tpinn@clarington.net. Attachments: Not Applicable Page 212 Municipality of Clarington Report FSD-034-22 Interested Parties: There following interested parties will be notified of Council's decision: • Clarington Public Library and Museums . Visual Arts Centre of Clarington . Downtown Bowmanville BIA • Orono BIA • Newcastle BIA �:. ��r�nmlr�•�rra�_�m�_ .. • Clarington Board of Trade • Community Care Durham • Grandview Children's Centre • John Howard Society of Durham Region • Newcastle Hall Board Page 14 Page 213 Clarftwn 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 14, 2022 Submitted By: Trevor Pinn, Deputy CAO/Treasurer Reviewed By: Mary -Anne Dempster, CAO File Number: Report Number: FSD-035-22 By-law Number: Resolution#: Report Subject: Contract Awards During Council Recess Recommendation: 1. That Report FSD-035-22, and any related delegations or communication items, be received for information. Page 214 Municipality of Clarington Report FSD-035-22 Report Overview To report to Council on the contracts awarded during Council Recess. 1. Background Page 2 1.1 During periods when Council is in Recess, provision has been made for the approval of contract awards in order to continue with business as usual. Refer to Purchasing By - Law #2021-077, Part 3 Section 61, Council Recess Procedures. During the summer recess of 2022 there were 8 contract awards that would normally necessitate a report to Council. 2. Comments 2.1 In accordance with Purchasing By-law #2021-077, the following contracts were awarded during Council Recess: PS Report# Contract# Description PS-015-22 RFP2022-2 Architectural/Engineering Services for Newcastle Memorial Arena and Orono Arena and Community Centre PS-017-22 RFP2022-3A Process Modernization of Public Works Payroll and Job Allocation PS-018-22 CL2022-18 Bowmanville Cemetery Expansion PS-020-22 RFP2022-4 Road Needs Study and Asset Management Plan for Roads PS-021-22 CL2022-24 Seniors and Persons with Disabilities Sidewalk and Windrow Snow Clearing Services Page 215 Municipality of Clarington Report FSD-035-22 Page 3 PS Report# Contract# Description PS-022-22 CL2022-13 HVAC Preventative Maintenance and Repairs PS-023-22 CL2022-1 Old Scugog Road Reconstruction and Millstream Lane Rehabilitation PS-024-22 CL2022-22 Various Court Replacements 2.2 A copy of the recommending Purchasing Services Reports for the above noted projects are attached as Attachments. 3. Financial Considerations Not Applicable. 4. Concurrence Not Applicable. 5. Conclusion It is respectfully recommended that Council receives this report for information. Staff Contact: David Ferguson, Purchasing Manager, 905-623-3379 Ext. 2209 or dferguson@clarington.net Attachments: Attachment 1 - PS-015-22 Architectural/Engineering Services for Newcastle Memorial Arena and Orono Arena and Community Centre Attachment 2 - PS-017-22 Process Modernization of Public Works Payroll and Job Allocation Attachment 3 - PS-018-22 Bowmanville Cemetery Expansion Attachment 4 - PS-020-22 Road Needs Study and Asset Management Plan for Roads Page 216 Municipality of Clarington Report FSD-035-22 Page 4 Attachment 5 - PS-021-22 Seniors and Persons with Disabilities Sidewalk and Windrow Snow Clearing Services Attachment 6 - PS-022-22 HVAC Preventative Maintenance and Repairs Attachment 7 - PS-023-22 Old Scugog Road Reconstruction and Millstream Lane Rehabilitation Attachment 8 - PS-024-22 Various Court Replacements Interested Parties: There are no interested parties to be notified of Council's decision. Page 217 Attachment 1 to Report FSD-035-22 clffftwn Report Purchasing Services If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: PS Reports - CAO Approve Only Report Number: Purchasing Services-015-22 Report Date: July 6, 2022 Submitted By: David Ferguson, Purchasing Manager Reviewed By: Mary -Anne Dempster, CAO File Number: RFP2022-2 Report Subject: Architectural/Engineering Services for Newcastle Memorial Arena and Orono Arena and Community Centre - Summer Recess Procedure (Purchasing By -Law 2021-077 S.61) Recommendations: It is respectfully recommended to the Chief Administrative Officer the following: That the proposal received from Barry Bryan Associates being the most responsive bidder meeting all terms, conditions and specifications of RFP2022-2 be awarded the contract for the provision of architectural, engineering, and contract administration services to complete the Newcastle Memorial Arena and Orono Arena Community Centre Refurbishments, as required by the Community Services Department; and 2. That the total funds required for this project in the amount of $513,888.00 (Net HST Rebate) be funded by the Municipality as follows: Description Account Number Amount NEWCASTLE & ORONO ARENA 110-42-421-84233-7401 $513,888 IMPROVEMENTS -CAP EXP Page 218 Attachment 1 to Report FSD-035-22 Municipality of Clarington Report Purchasing Services-015-22 1. Background Page 2 1.1 The Municipality requires the assistance of a qualified architectural / engineering firm to provide the required skills and expertise necessary for the replacement of the refrigerated ice rink pads and accessibility upgrades at the Newcastle Memorial Arena and the Orono Arena Community Centre. 1.2 A Request for Proposal (RFP) was drafted to allow the Municipality to select a qualified Consultant with the skills, resources and experience necessary to complete the Newcastle Memorial Arena and Orono Arena Community Centre Refurbishment in accordance with the terms of reference provided by the Community Services Department. 1.3 RFP2022-2 was issued by the Purchasing Services Division and advertised electronically on the Municipality of Clarington's (the Municipality) website. Notification of the availability of the document was also posted on the Ontario Public Buyers Association's website. The RFP was structured on the two -envelope system with price being an evaluated factor. 1.4 In view of the Summer Council Recess, authorization is requested to award the above contract in accordance with Purchasing By -Law #2021-077, Part 3 Section 61, Council Recess Procedures. 2. Analysis 2.1 The RFP closed May 30, 2022. 2.2 The RFP stipulated, among other things, that the proponents were to provide a description of the Firm/Consulting team, key qualifications, firm profile, highlights of past service and experience of team members with projects of similar size, nature and complexity, and demonstrate an understanding of the Municipality's requirements. 2.3 Thirty companies downloaded the document. Four proposals were received (refer to Attachment 1) by the stipulated closing date and time. All proposals received complied with the mandatory submission requirements and were distributed to the evaluation committee for review, evaluation and scoring. 2.4 The Municipality reached out to the twenty-six firms who had downloaded the RFP but chose not to submit a proposal, to inquire why. The responses are as follows: one company was a construction association; one company stated they did not have the required licensing; Page 219 Attachment 1 to Report FSD-035-22 Municipality of Clarington Report Purchasing Services-015-22 Page 3 • four companies advised that they were not able to take on additional work due to current workloads; • one company stated they were unable to bid competitively; • two companies stated the job was to small; • one company is a general contractor; • one company is a subcontractor; and • fifteen companies did not respond to our request for information. 2.5 The technical proposals were evaluated and scored independently by the members of the evaluation committee, in accordance with the established criteria as outlined in the RFP. The evaluation committee was comprised of three staff members from the Community Services Department. 2.6 The evaluation committee met to review and agree upon the overall scores for each proposal. Some of the areas on which the submissions were evaluated were as follows: • The Proponent's understanding of the Municipality's requirements; • Highlights of services provided performing similar work on projects of comparable nature, size and scope, in a municipality of similar population size; • A methodology describing the Proponent's project management approach, work plan, goals, objectives and methods of communications to be utilized to meet the requested deadlines; and • The proposed solution must include a detailed work plan indicating the project method, schedule, Gantt chart, tasks and deliverables showing an estimated overall timeline of the project. 2.7 Upon completion of the evaluation, three submissions met the established threshold of 75% for Phase 1 and moved forward to Phase 2. It was determined by the evaluation committee, that a presentation from the short-listed proponents would not be required. 2.8 The pricing envelopes were opened and evaluated as prescribed in the RFP document, with the lowest price receiving the highest score, each subsequent price was compared to the lowest price to determine the score (lowest proponent price / proponent price) x project specific points = score. The scores obtained for pricing was added to the technical scores to determine the highest scoring proponent. 2.9 Upon completion of the evaluation scoring, the recommendation is to award to the highest ranked proponent, Barry Bryan Associates. 2.10 Barry Bryan Associates has provided services to the Municipality in the past with satisfactory results. Page 220 Attachment 1 to Report FSD-035-22 Municipality of Clarington Page 4 Report Purchasing Services-015-22 3. Financial 3.1 The funding required for this project is $513,888.00 (Net HST Rebate) and is in the approved budget allocation as provided and will be funded from the following account: Description Account Number Amount NEWCASTLE & ORONO ARENA IMPROVEMENTS -CAP EXP 110-42-421-84233-7401 $513,888 4. Concurrence This report has been reviewed by the Director of Community Services who concurs with the recommendations. 5. Conclusion It is respectfully recommended that Barry Bryan Associates be awarded the contract for the provision of architectural, engineering, and contract administration services to complete the Newcastle Memorial Arena and Orono Arena Community Centre Refurbishment as per the terms and conditions of RFP2022-2. Staff Contact: David Ferguson, Purchasing Manager, 905-623-3379 ext. 2209 or dferguson@clarington.net. Attachments: Attachment 1 - Summary of Bid Results Page 221 Attachment 1 to Report FSD-035-22 Municipality of Clarington Report Purchasing Services-015-22 Attachment 1 to Report PS-015-22 - Bid Summary Municipality of Clarington Page 5 RFP2022-2 — Architectural/Engineering Services for Newcastle Memorial Arena and Orono Arena and Community Centre Bid Summary Bidder Barry Bryan Associates * JR Freethy Architect Peter T. Mitches & Associates* Moon -Matz Ltd* Note: * Denotes Proponents who were shortlisted. Page 222 Attachment 2 to Report FSD-035-22 clffftwn Report Purchasing Services If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: PS Reports - CAO Approve Only Report Number: Purchasing Services-017-22 Report Date: July 18, 2022 Submitted By: David Ferguson, Purchasing Manager Reviewed By: Mary -Anne Dempster, CAO File Number: Single Source Report Subject: Process Modernization of Public Works Payroll and Job Allocation — Summer Recess Procedure (Purchasina By -Law 2021-077 S.61) Recommendations: It is respectfully recommended to the Chief Administrative Officer the following: 1. That a contract be awarded to WSCS Consulting Inc. being the only company expressing an interest and providing a proposal for the Process Modernization of Public Works Payroll and Job Allocation with a quoted price of $133,203.84 (Net HST Rebate); and 2. That the total funds required for this project in the amount of $133,203.84 (Net HST Rebate) be funded from the grant funds received by the Municipality under the Audit and Accountability Fund Intake 3. Page 223 Attachment 2 to Report FSD-035-22 Municipality of Clarington Report Purchasing Services-017-22 1. Background Page 2 1.1 The Municipality has successfully applied for funding from the Audit and Accountability Fund Intake #3. As a result of the approved funding, it was determined that a qualified, professional consulting firm would be hired to conduct a comprehensive Process Improvement and Modernization of the Public Works Payroll and Job Allocation. 1.2 The key objectives of the Process Review will be provided in the forms of interim/progress reports, a final report and presentation materials for Council. This will include but is not limited to: • Create a process to reduce and streamline the administrative work for preparing payroll data submitted by -weekly to Payroll. This applies to employees who work under the Outside CUPE contract; • Improve and streamlined payroll allocation to various service areas; • Create a system that improves the quality of data for better reporting and data analytics; • Review the current processes listed above that can be expanded upon utilizing the existing software including Citywide Works and Great Plains. The Municipality uses ADP Workforce to process payroll. Bi-weekly payroll is imported into ADP Workforce with data provided form Public Works administrative staff; • Provide a prioritized action plan to be implemented in stages complete with staffing resources; • If it is determined that additional software is recommended, a summary business case should be included with the reasons, cost and benefits; • There must be a summary of cost savings and/or value of efficiencies found through the recommendations of this review process; and • Include suggested Key Performance Indicators (KPIs) within this service area. 1.3 Staff issued Request for Proposal (RFP) 2022-3 to allow the Municipality to select a consultant with the skills, resources and expertise necessary to complete the process improvement and modernization of the Public Works Payroll and Job Allocation Process. 1.4 In view of the Summer Council Recess, authorization is requested to award the above contract in accordance with Purchasing By -Law #2021-077 Part 3 Section 61, Council Recess Procedures. Page 224 Attachment 2 to Report FSD-035-22 Municipality of Clarington Report Purchasing Services-017-22 2. Analysis Page 3 2.1 The RFP requirements stipulated among other things that the proponents were to provide a description of the firm/consulting team, key qualification, firms profile and experience along with the methodology to be use while demonstrating their understanding of the Municipality's requirements. 2.2 As there were no plan takers, the RFP was cancelled and a subsequent RFP was issued to a limited amount of companies. This RFP also failed and had to be cancelled. 2.3 In an effort to understand why both RFPs failed, staff reached out to a number of companies who had originally expressed an interest. Most of the companies contacted advised that they were unable to take on additional work at this time as other cities and municipalities also had access to the funds and a number of similar RFPs were in the marketplace. 2.4 Staff from the office of the CAO, the Financial Services Department and the Public Works Department met to determine the available options. Due to the limited timeframe in which to complete the project and the possibility of losing the grant funds if the timelines were not met, staff approached WCSC Consulting Inc. who had previously expressed an interest in the project. 2.5 Based on the proposal received, it was the recommendation of the Committee that a single source contract be awarded to WCSC Consulting Inc. in the quoted price of $133,203.84 (Net HST Rebate). 2.6 WCSC Consulting Inc. has provided similar consulting services to the Municipality in the past with satisfactory results. 3. Financial 3.1 The funding required for this project is $133,203.84 (Net HST Rebate) and is funded fully through a grant from the Province of Ontario's Audit and Accountability Fund. 4. Concurrence This report has been reviewed by the Director of Public Works who concurs with the recommendations. Page 225 Attachment 2 to Report FSD-035-22 Municipality of Clarington Report Purchasing Services-017-22 5. Conclusion Page 4 It is respectfully recommended that WCSC Consulting Inc be awarded the contract for the Process Improvement and Modernization of the Public Works Payroll and Job Allocation. Staff Contact: David Ferguson, Purchasing Manager, 905-623-3379 ext. 2209 or dferguson@clarington.net. Attachments: Not Applicable Page 226 Attachment 3 to Report FSD-035-22 If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: PS Reports - CAO Approve Only Report Number: Purchasing Services-018-22 Report Date: July 21, 2022 Submitted By: David Ferguson, Purchasing Manager Reviewed By: Mary -Anne Dempster, CAO File Number: CL2022-18 Report Subject: Bowmanville Cemetery Expansion — Summer Recess Procedure (Purchasina By -Law 2015-022 S.731 Recommendations: It is respectfully recommended to the Chief Administrative Officer the following: That Nick Carchidi Excavating Limited with a bid of $1,124,983.77 (Net HST Rebate) being the lowest compliant bidder meeting all terms, conditions and specifications of CL2022-18 be awarded the contract for the Bowmanville Cemetery Expansion, as required by the Public Works Department; and 2. That the total funds required to complete this project in the amount of $1,439,000.00 (Net HST Rebate), which includes construction cost in the amount of $1,124,983.77 (Net HST Rebate) and other related costs such as detailed design, wetland assessment, topographic survey, permits, material testing, inspection and contract administration and a contingency of $314,016.23 (Net HST Rebate) be approved. Page 227 Attachment 3 to Report FSD-035-22 1. Background 1.1 Tender specifications for the Bowmanville Cemetery Expansion were prepared by the Public Works Department and provided to the Purchasing Services Division. The scope of work is for the expansion of the Bowmanville Cemetery site including earthworks, domestic watermain installation, storm sewer installation, construction of the internal cemetery roadway, internal stormwater management facility, 3.Om wide paved asphalt trail and site planting / landscape works. Inspection and Contract Administration duties will be assigned to a prequalified engineering consultant utilizing the Municipality's PQ2019-1 Roster. 1.2 Tender CL2022-18 was issued by the Purchasing Services Division and advertised electronically on the Municipality's website. Notification of the availability of the document was posted on the Ontario Public Buyer's Association website. 1.3 Thirty-two companies registered as official plan takers. 1.4 In view of the Summer Council Recess, authorization is requested to award the above contract in accordance with Purchasing By -Law #2015-022, Part 2 Section 73, Council Recess Procedures. 2. Analysis 2.1 The tender closed on July 12, 2022. 2.2 Eight submissions were received in response to the tender call. The bids were reviewed and tabulated by the Purchasing Services Division (see Attachment 1). All submissions were deemed compliant. 2.3 The twenty-four companies who downloaded the tender document but did not submit a bid were contacted to find out why they chose not to bid. The responses received were as follows: • One company was not able to bid due to staff shortage issue; • One company was not able to take on the work at this time due to current schedule; • Two companies were unable to meet the submission deadline; • Two companies felt that they were unable to provide a competitive bid; • One company is a construction association; • Six companies downloaded as a potential subcontractor; and Page 228 Attachment 3 to Report FSD-035-22 Eleven companies did not respond to our request for information. 2.4 The results were forwarded to the Public Works Department for their review and consideration. The lowest compliant bid was received from Nick Carchidi Excavating Ltd. with a bid amount of $1,124,983.77 (Net HST Rebate). 2.5 After review and analysis of the bid by the Purchasing Services Division and the Public Works Department it was mutually agreed that the low bidder, Nick Carchidi Excavating Ltd. be recommended for the award of contract CL2022-18. 2.6 Nick Carchidi Excavating Ltd. has provided similar services to the Municipality in the past with satisfactory results. As a result, it was mutually agreed that a reference check was not required. 3. Financial Consideration 3.1 The total funds required to complete this project in the amount of $1,439,000.00 (Net HST Rebate), which includes construction cost in the amount of $1,124,983.77 (Net HST Rebate) and other related costs such as detailed design, wetland assessment, topographic survey, permits, material testing, inspection and contract administration and a contingency of $314,016.23 (Net HST Rebate) be funded as follows: Description Account Number Amount Bowmanville Cemetery Expansion 110-36-326-83693-7401 $1,413,825.95 Add'I funding - Municipal Capital Works Reserve Fund 2,517.41 Add'I funding - Development Charge Operations Reserve Fund 22,656.64 4. Concurrence This report has been reviewed by the Director of Public Works who concurs with the recommendations. 5. Conclusion It is respectfully recommended that that Nick Carchidi Excavating Ltd. with a total bid price of $1,124,983.77 (Net HST Rebate) being the low complaint bid be awarded the contract for the Bowmanville Cemetery Expansion as per the terms, conditions and specifications of Tender CL2022-18. Page 229 Attachment 3 to Report FSD-035-22 Staff Contact: David Ferguson, Purchasing Manager, 905-623-3379 ext. 2209 or dferguson@clarington.net. Attachments: Attachment 1 — Summary of Bid Results Page 230 Attachment 3 to Report FSD-035-22 Attachment #1 Municipality of Clarington CL2022-18 Bowmanville Cemetery Expansion Bid Summary Bidder Total Bid (Including HST) Total Bid (Net HST Rebate) Nick Carchidi Excavating Ltd. $1,249,244.95 $1,124,983.77 Boyle Excavating Ltd. 1,293,973.17 1,165,262.92 Montgomery MacEwen Contracting 1,435,572.28 1,292,777.30 Elirpa Construction and Materials Limited 1,532,217.56 1,379,809.37 Blackstone Paving & Construction Limited 1,796,603.50 1,617,897.10 39 Seven Inc. 1,848,202.38 1,664,363.49 DigCon International Limited 2,082,322.30 1,875,195.73 Melrose Paving Co. Ltd. 2,870,487.73 2,584,963.11 Page 231 Attachment 4 to Report FSD-035-22 clffftwn Report Purchasing Services If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: PS Reports - CAO Approve Only Report Number: Purchasing Services-020-22 Report Date: August 15, 2022 Submitted By: David Ferguson, Purchasing Manager Reviewed By: Mary -Anne Dempster, CAO File Number: RFP2022-4 Report Subject: Road Needs Study and Asset Management Plan for Roads — Summer Recess Procedure (Purchasina By -Law 2021-077 S.61) Recommendations: It is respectfully recommended to the Chief Administrative Officer the following: That the proposal received from Golder Associates Ltd. with a bid of $57,554.18 (Net HST Rebate) being the responsive bidder meeting all terms, conditions and specifications of RFP2022-4 be awarded the contract to undertake the Road Needs Study and Asset Management Plan for Roads as required by the Public Works Department; and 2. That the total funds required to complete this project in the amount of $57,554.18 (Net HST Rebate), be approved. Page 232 Attachment 4 to Report FSD-035-22 Municipality of Clarington Report Purchasing Services-020-22 1. Background Page 2 1.1 The Municipality requires the assistance of a qualified firm to undertake the Road Needs Study and Asset Management Plan for Roads ("the Study"). The Study will examine Road Needs and identify the short and long term needs of roads. 1.2 A Request for Proposal (RFP) was drafted to allow the Municipality to select a qualified Consultant with the skills, resources, and experience necessary to complete a Road Needs Study and Asset Management Plan in accordance with the terms of reference provided by the Public Works Department. 1.3 RFP2022-4 was issued by the Purchasing Services Division and advertised electronically on the Municipality of Clarington's (the Municipality) website. Notification of the availability of the document was also posted on the Ontario Public Buyers Association's website. The RFP was structured on the two -envelope system. 1.4 In view of the Summer Council Recess, authorization is requested to award the above contract in accordance with Purchasing By -Law #2021-077, Part 2 Section 61, Council Recess Procedures. 2. Analysis 2.1 The RFP closed July 6, 2022. 2.2 The RFP stipulated, among other things, that the proponents were to provide a description of the Firm/Consulting team, key qualifications, firm profile, highlights of past service and experience of team members with projects of similar size, nature and complexity, and demonstrate an understanding of the Municipality's requirements. 2.3 Nine companies downloaded the document. One proposal was received (refer to Attachment 1). The proposal received was distributed to the evaluation committee for review, evaluation, and scoring. 2.4 The technical proposals were evaluated and scored independently by the members of the evaluation committee, in accordance with the established criteria as outlined in the RFP. The evaluation committee was comprised of two staff members from the Public Works Department. 2.5 The evaluation committee met to review and agree upon the overall scores for each proposal. Some of the areas on which the submissions were evaluated were as follows: The Proponent's understanding of the Municipality's requirements; Highlights of services provided performing similar work on projects of comparable nature, size and scope, in a municipality of similar population size; Page 233 Attachment 4 to Report FSD-035-22 Municipality of Clarington Report Purchasing Services-020-22 Page 3 A methodology describing the Proponent's project management approach, work plan, goals, objectives and methods of communications to be utilized to meet the requested deadlines; and The proposed solution must include a detailed work plan indicating the project method, schedule, Gantt chart, tasks and deliverables showing an estimated overall timeline of the project. 2.6 Upon completion of the evaluation, the submissions met the established threshold of 85% for Phase 1 and moved forward to Phase 2. It was determined by the evaluation committee, that a presentation from the short-listed proponents would not be required. 2.7 The pricing envelope was opened and evaluated as prescribed in the RFP document. 2.8 Upon completion of the evaluation scoring, the recommendation is to award to the highest ranked proponent, Golder Associates Ltd. 2.9 Golder Associates Ltd. has provided services to the Municipality in the past with satisfactory results. 3. Financial The funding required for this project is $57,554.18 (Net HST Rebate) which includes the optional Rival Solution services and is in the approved budget allocation as provided and will be funded from the following account: Description Account Number Amount Pavement Rehabilitation Program (2021) 110-36-330-83212-7401 $57,554 4. Concurrence This report has been reviewed by the Director of Public Works who concurs with the recommendations. 5. Conclusion It is respectfully recommended that Golder Associates Ltd. be awarded the contract for the provision of consulting services as required to complete the Road Needs Study and Asset Management Plan for Roads as per terms, conditions, and requirements of RFP2022-4. Staff Contact: David Ferguson, Purchasing Manager, 905-623-3379 ext. 2209 or dferguson@clarington.net. Page 234 Attachment 4 to Report FSD-035-22 Municipality of Clarington Report Purchasing Services-020-22 Attachments: Attachment 1 — Bid Summary Municipality of Clarington Page 4 RFP2022-4 — Road Needs Study and Asset Management Plan for Roads Bid Summary Bidder Golder Associates Ltd. 11 Page 235 Attachment 5 to Report FSD-035-22 clffftwn Report Purchasing Services If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: PS Reports - CAO Approve Only Report Number: Purchasing Services-021-22 Report Date: August 16, 2022 Submitted By: David Ferguson, Purchasing Manager Reviewed By: Mary -Anne Dempster, CAO File Number: CL2022-24 Report Subject: Seniors and Persons with Disabilities Sidewalk and Windrow Snow Clearing Services - Summer Recess Procedure (Purchasing By -Law 2021-077 S.61) Recommendations: It is respectfully recommended to the Chief Administrative Officer the following: That CSL Group Ltd., with a total bid amount of $347,360.61 (Net HST Rebate), an estimated $694,721.22 (Net HST Rebate) for the initial two-year term, and an estimated five-year contract value of $1,736,803.05 (Net HST Rebate) being the lowest compliant bidder meeting all terms, conditions and specifications of CL2022- 24 be awarded the contract for the provision of Seniors and Persons with Disabilities Sidewalk and Windrow Snow Clearing Services; 2. That the funds required for this service be funded from the respective approved operating budgets; and 3. That pending satisfactory performance and pricing, the Purchasing Manager, in consultation with the Director of Public Works, be given the authority to extend the contract for this service for up to three additional one-year terms. Page 236 Attachment 5 to Report FSD-035-22 Municipality of Clarington Page 2 Report Purchasing Services-021-22 1. Background 1.1 Tender specifications for the seniors and persons with disabilities snow clearing services was developed by the Public Works Department and provided to the Purchasing Services Division for issuance. 1.2 Tender CL2022-24 was prepared and issued by the Purchasing Services Division. The tender was posted electronically on the Municipality's website. Notification of the availability of the document was also posted on the Ontario Public Buyers Association's website. 1.3 In view of the Summer Council Recess, authorization is requested to award the above contract in accordance with Purchasing By -Law #2021-077, Part 3 Section 61, Council Recess Procedures. 2. Analysis 2.1 The tender closed on July 26, 2022 2.2 Nine companies downloaded the tender document. Two submissions were received by the stipulated closing time. 2.3 The Municipality contacted the seven companies who chose not to submit pricing to ask why they chose not to bid. Their responses are as follows: • One company was unable to provide the surety requirement. • Two companies were unable to take on the additional workload. • One company was unable to take on the workload due to distance. • One company was advised not to submit a bid due to past performance issues. • Two companies did not provide a response. 2.4 The two bids received were reviewed and tabulated by the Purchasing Services Division (see attachment 1). All submissions were deemed compliant. 2.5 The bid results were forwarded to the Public Works Department for their review and consideration. Page 237 Attachment 5 to Report FSD-035-22 Municipality of Clarington Page 3 Report Purchasing Services-021-22 2.6 After review, analysis and discussion with the Public Works Department, it was mutually agreed that the low bidder CSL Group Ltd., be recommended for the award of tender CL2022-24. 2.7 CSL Group Ltd., has not worked for the Municipality of Clarington previously in this capacity, references were checked and returned with satisfactory results. 3. Financial 3.1 The estimated annual cost is $347,360.61 (Net HST Rebate), to provide snow clearing services to Seniors and Persons with disabilities throughout the Municipality. The initial contract term is for two years. The value of the contract for the two-year term is estimated to be $694,721.22 (Net HST Rebate). 3.2 Pricing received is firm for the first year of the contract. Contract year two shall not exceed the most recent issuance of the Consumer Price Index (CPI) All Items — Ontario, on the anniversary date of contract award. 3.3 The Municipality has the option to extend the contract for up to three additional one-year terms pending satisfactory performance and pricing. 3.4 The expended funds will be drawn from the respective approved operating budgets. 3.5 Queries with respect to the departments needs should be referred to the Director of Public Works. 4. Concurrence This report has been reviewed by the Director of Public Works who concurs with the recommendations. 5. Conclusion It is respectfully recommended that CSL Group Ltd., with a total bid amount for the initial two-year term of $694,721.22 (Net HST Rebate), being the lowest compliant bid, be awarded the tender for the Seniors and Persons with Disabilities Sidewalk and Windrow Snow Clearing services as per the terms, conditions and specifications of Tender CL2022-24. Staff Contact: David Ferguson, Purchasing Manager, 905-623-3379 ext. 2209 or dferguson@clarington.net. Page 238 Attachment 5 to Report FSD-035-22 Municipality of Clarington Report Purchasing Services-021-22 Attachments: Attachment 1 Page 4 Municipality of Clarington CL2022-24 Seniors and Persons with Disabilities Sidewalk and Windrow Snow Clearing Bid Summary Total Bid TOTAL BID 1 TOTAL BID 2 TOTAL BID 5 BIDDER (Including Year Years Years HST) (Net HST (Net HST (Net HST Rebate) Rebate) Rebate) CSL Group Ltd $385,728.66 $347,360.61 $694,721.22 $1,736,803.05 Forest Ridge Landscaping Inc 1,184,118.41 1,066,335.31 2,132,670.61 5,331,676.53 Page 239 Attachment 6 to Report FSD-035-22 ciffinooff Report Purchasing Services If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: PS Reports - CAO Approve Only Report Number: Purchasing Services-022-22 Report Date: August 23, 2022 Submitted By: David Ferguson, Purchasing Manager Reviewed By: Mary -Anne Dempster, CAO File Number: CL2022-13 Report Subject: HVAC Preventative Maintenance and Repairs — Summer Recess Procedure (Purchasina By -Law 2021-077 S.61) Recommendations: It is respectfully recommended to the Chief Administrative Officer the following: That Hamilton Smith Limited with a total estimated bid amount of $241,440 (Net HST Rebate) for the initial one-year term, and an estimated five-year contract value of $1,207,200 (Net HST Rebate) being the lowest compliant bidder meeting all terms, conditions and specifications of CL2022-13 be awarded the contract for the provision of HVAC Preventative Maintenance and Repairs; 2. That the funds required for this service be funded from the respective approved operating budgets; and 3. That pending satisfactory performance and pricing, the Purchasing Manager, in consultation with the Director of Community Services, be given the authority to extend the contract for this service for up to four additional one-year terms. Page 240 Attachment 6 to Report FSD-035-22 Municipality of Clarington Report Purchasing Services-022-22 1. Background Page 2 1.1 Tender specifications for the HVAC preventative maintenance and repair services was developed by the Community Services Department and provided to the Purchasing Services Division. 1.2 Tender CL2022-13 was prepared by the Purchasing Services Division. The tender was posted electronically on the Municipality's website. Notification of the availability of the document was also posted on the Ontario Public Buyers Association's website. 1.3 In view of Summer Council Recess, authorization is requested to award the above contract in accordance with Purchasing By -Law #2021-077, Part 3 Section 61, Council Recess Procedures. 2. Analysis 2.1 The tender closed on May 11, 2022. 2.2 Seventeen companies downloaded the tender document. Six submissions were received by the stipulated closing time. 2.3 The Municipality contacted the eleven companies who chose not to submit pricing to ask why they chose not to bid. Their responses are as follows: • Five companies were unable to take on the additional workload. • One company was unable to provide the bonding requirement. • One company was not interested in bidding due to distance. • One company is an association that advertises bid opportunities to its members. • Three companies did not provide a response. 2.4 The six bids received were reviewed and tabulated by the Purchasing Services Division (see attachment 1). All submissions were deemed compliant. 2.5 The bid results were forwarded to the Community Services Department for their review and consideration. 2.6 After review, analysis and discussion with the Community Services Department, it was mutually agreed that the low bidder Hamilton Smith Limited, be recommended for the award of tender CL2022-13. Page 241 Attachment 6 to Report FSD-035-22 Municipality of Clarington Page 3 Report Purchasing Services-022-22 2.7 Hamilton Smith Limited has not worked for the Municipality of Clarington in the past; references were checked and returned with satisfactory results. 3. Financial 3.1 The estimated annual cost is $241,440 (Net HST Rebate), to provide HVAC preventative maintenance and repairs. The initial contract term is for one year with the Municipality having the option to extend the contract for up to four additional one-year terms pending satisfactory performance and pricing. 3.2 Pricing received is firm for the first contract year. Pricing for subsequent contract years shall not exceed the most recent issuance of the Consumer Price Index (CPI) All Items — Ontario, on the anniversary date of the contract award. 3.3 The expended funds will be drawn from the respective approved operating budgets. 3.4 Queries with respect to the departments needs should be referred to the Director of Community Services. 4. Concurrence This report has been reviewed by the Director of Community Services who concurs with the recommendations. 5. Conclusion It is respectfully recommended that Hamilton Smith Limited, with an estimated total bid amount for the initial one-year term of $241,440 (Net HST Rebate), being the lowest compliant bid, be awarded the tender for HVAC Preventative Maintenance and Repair services as per the terms, conditions and specifications of Tender CL2022-13 Staff Contact: David Ferguson, Purchasing Manager, 905-623-3379 ext. 2209 or dferguson@clarington.net. Attachments: Attachment 1 — Bid Summary Page 242 Attachment 6 to Report FSD-035-22 Municipality of Clarington Report Purchasing Services-022-22 Attachment 1 Page 4 Municipality of Clarington CL2022-13 HVAC Preventative Maintenance and Repairs Bid Summary BIDDER Total Estimated Bid One Year Net HST Rebate Total Estimated Bid 5 Years Net HST Rebate I Hamilton Smith Limited $ 241,438.83 $ 1,207,194.14 VCI Controls Inc. 264,555.65 1,322,778.24 HTS Engineering Ltd. 272,492.93 1,362,464.64 Tri-Air Systems 310,734.34 1,553,671.68 Pure Mechanical Group Inc. 390,834.72 1,954,173.60 Crozier Environmental Inc. 430,485.50 2,152,427.52 Page 243 Attachment 7 to Report FSD-035-22 clffftwn Report Purchasing Services If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: PS Reports - CAO Approve Only Report Number: Purchasing Services-023-22 Report Date: August 29, 2022 Submitted By: David Ferguson, Purchasing Manager Reviewed By: Mary -Anne Dempster, CAO File Number: CL2022-1 Report Subject: Old Scugog Road Reconstruction & Millstream Lane Rehabilitation - Summer Recess Procedure (Purchasina By -Law 2021-077 S.61) Recommendations: It is respectfully recommended to the Chief Administrative Officer the following: That Elirpa Construction and Materials Limited with a bid of $1,610,655.67 (Net HST Rebate) being the lowest compliant bidder meeting all terms, conditions and specifications of CL2022-1 be awarded the contract for Old Scugog Road reconstruction and Millstream Lane rehabilitation as required by the Public Works Department; 2. That $248,800 be drawn from the Municipal Capital Works Reserve Fund in accordance with resolution #C-168-22 providing the CAO delegated authority to approve additional funding as needed for specified projects; and 3. That the total funds required to complete this project in the amount of $2,148,800.00 (Net HST Rebate), which includes construction cost in the amount of $1,610,655.67 (Net HST Rebate) and other project costs such as topographic and legal reference survey, geotechnical investigation, utility relocations, permits, material testing, inspection and contract administration and contingency in the amount of $538,144.33 (Net HST Rebate) be approved. Page 244 Attachment 7 to Report FSD-035-22 Municipality of Clarington Report Purchasing Services-023-22 1. Background Page 2 1.1 The work to be completed on Old Scugog Road from Edmonson Ave to Highway 407 Corridor includes site grading, earthworks, storm sewer replacement / installation, road reconstruction, culvert installation, local sidewalk replacement, area restoration works. 1.2 The work to be completed on Millstream Lane from King Lane to Old Scugog Road includes site grading, earthworks, culvert / local storm sewer replacement, road rehabilitation and widening, sidewalk and guiderail installation and area restoration works. 1.3 Tender specifications were prepared by the Public Works Department and provided to the Purchasing Services Division. 1.4 Tender CL2022-1 was issued by the Purchasing Services Division and advertised electronically on the Municipality's website. Notification of the availability of the document was posted on the Ontario Public Buyer's Association website. 1.5 Twenty-seven companies registered as official plan takers. 1.6 In view of the Summer Council Recess, authorization is requested to award the above contract in accordance with Purchasing By -Law #2021-077, Part 3 Section 61, Council Recess Procedures. 2. Analysis 2.1 The tender closed on July 26, 2022. 2.2 Four submissions were received in response to the tender call. The bids were reviewed and tabulated by the Purchasing Services Division (see Attachment 1). All submissions were deemed compliant. 2.3 The twenty-three companies who downloaded the tender document but did not submit a bid were contacted to find out why they chose not to bid. The responses received were as follows: • One company is a construction association; • Five companies downloaded as a potential subcontractor; and • One company could not handle the work due to current workload; • Sixteen companies did not respond to the request. Page 245 Attachment 7 to Report FSD-035-22 Municipality of Clarington Page 3 Report Purchasing Services-023-22 2.4 The results were forwarded to the Public Works Department for their review and consideration. The lowest compliant bid was received from Elirpa Construction and Materials Limited with a bid amount of $1,610,655.67 (Net HST Rebate). 2.5 After review and analysis of the bid by the Purchasing Services Division and the Public Works Department it was mutually agreed that the low bidder, Elirpa Construction and Materials Limited be recommended for the award of contract CL2022-1. 2.6 Elirpa Construction and Materials Limited has provided similar services to the Municipality in the past with satisfactory results. As a result, it was mutually agreed that a reference check was not required. 3. Financial Consideration 3.1 The total funds required to complete this project in the amount of $2,148,800.00 (Net HST Rebate), which includes construction cost in the amount of $1,610,655.67 (Net HST Rebate) and other project costs such as topographic and legal reference survey, geotechnical investigation, utility relocations, permits, material testing, inspection and contract administration and contingency in the amount of $538,144.33 (Net HST Rebate) be approved as follows: Description Account Number Amount Old Scugog Road Reconstruction 110-32-330-83316-7401 $1,325,000 Millstream Lane Rehabilitation 110-32-330-83467-7401 375,000 Pavement Rehabilitation Program 110-36-330-83212-7401 200,000 Municipal Capital Works Reserve Fund 511-00-000-00000-7418 248,800 3.2 The value of the total project cost is over the allocated budget and is utilizing the Municipal Capital Works Reserve Fund to make up the deficit. The deficit is attributed to the material and labour inflation due to material and labour shortages, supply chain issues, high fuel prices and overall industry wide inflation that is currently being experienced. 3.3 The use of the Municipal Capital Works Reserve Fund is appropriate given the nature of this capital project. The project is not development charges related and therefore excess funding must come from a non -development charges source. 3.4 At the Special Council Meeting held August 18, 2022, Council passed Resolution #C- 168-22 providing authorization for the CAO to approve projects and additional funding Page 246 Attachment 7 to Report FSD-035-22 Municipality of Clarington Page 4 Report Purchasing Services-023-22 over and above the over -expenditure policy for projects listed on page 6 of Report FSD-033-22. This project is one of the identified projects in Report FSD-033-22. 4. Concurrence This report has been reviewed by the Director of Public Works who concurs with the recommendations. 5. Conclusion It is respectfully recommended that Elirpa Construction and Materials Limited with a total bid price of $1,610,655.67 (Net HST Rebate) being the lowest complaint bid be awarded the contract for Old Scugog Road reconstruction and Millstream Lane rehabilitation as required by the Public Works Department, as per the terms, conditions, and specifications of Tender CL2022-1. Staff Contact: David Ferguson, Purchasing Manager, 905-623-3379 ext. 2209 or dferguson@clarington.net. Attachments: Attachment 1 — Bid Summary Page 247 Attachment 7 to Report FSD-035-22 Municipality of Clarington Report Purchasing Services-023-22 Attachment 1 — Bid Summary Page 5 Municipality of Clarington CL2022-1 Old Scugog Road Reconstruction and Millstream Lane Rehabilitation Bid Summary Bidder Total Bid (Including HST) Total Bid (Net HST Rebate) Elirpa Construction and Materials Limited $1,788,562.21 $1,610,655.67 Montgomery MacEwen Contracting. 1,962,839.49 1,767,597.76 DigCon International Limited 2,199,469.18 1,980,690.12 Dufferin Construction Company 2,686,252.70 2,419,053.76 Page 248 Attachment 8 to Report FSD-035-22 clffftwn Report Purchasing Services If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: PS Reports - CAO Approve Only Report Number: Purchasing Services-024-22 Report Date: August 30, 2022 Submitted By: David Ferguson, Purchasing Manager Reviewed By: Mary -Anne Dempster, CAO File Number: CL2022-22 Report Subject: Various Court Replacements - Summer Recess Procedure (Purchasing By -Law 2021-077 S.61) Recommendations: It is respectfully recommended to the Chief Administrative Officer the following: That Royalcrest Paving & Contracting Ltd with a bid of $452,344.68 (Net HST Rebate) being the lowest compliant bidder meeting all terms, conditions and specifications of CL2022-22 be awarded the contract for the Various Court Replacements as required by the Public Works Department; 2. That $201,428 be drawn from the Municipal Capital Works Reserve Fund in accordance with resolution #C-168-22 providing the CAO delegated authority to approve additional funding as needed for specified projects; and 3. That the total funds required to complete this project in the amount of $501,428.07 (Net HST Rebate), which includes construction cost in the amount of $452,344.68 (Net HST Rebate) and other project costs such as material testing and contingency in the amount of $49,083.39 (Net HST Rebate) be approved. Page 249 Attachment 8 to Report FSD-035-22 Municipality of Clarington Page 2 Report Purchasing Services-024-22 1. Background 1.1 Tender specifications were prepared by the Public Works Department and provided to the Purchasing Services Division. The scope of work is for various types of court upgrades at the Stuart Park and Guildwood Park tennis courts. 1.2 Tender CL2022-22 was issued by the Purchasing Services Division and advertised electronically on the Municipality's website. Notification of the availability of the document was posted on the Ontario Public Buyer's Association website. 1.3 Fourteen companies registered as official plan takers. 1.4 In view of Summer Council Recess, authorization is requested to award the above contract in accordance with Purchasina By -Law #2021-077. Part 3 Section 61, Council Recess Procedures. 2. Analysis 2.1 The tender closed on June 13, 2022. 2.2 Two submissions were received in response to the tender call. The bids were reviewed and tabulated by the Purchasing Services Division (see attachment 1). All submissions were deemed compliant. 2.3 The remaining 12 companies who downloaded the tender document but did not submit a bid were contacted to find out why the chose not to bid. The responses received were as follows: • Two companies were subcontractors. • One company could not handle due to current workload. • One company is a construction association. • Eight companies did not respond to our request for comment. 2.4 The results were forwarded to the Public Works Department for their review and consideration. The lowest compliant bid was received from Royalcrest Paving & Contracting Ltd with a bid amount of $452,344.68 (Net HST Rebate). 2.5 After review and analysis of the bid by the Purchasing Services Division and the Public Works Department it was mutually agreed that the low bidder, Royalcrest Paving & Contracting Ltd be recommended for the award of contract CL2022-22. Page 250 Attachment 8 to Report FSD-035-22 Municipality of Clarington Page 3 Report Purchasing Services-024-22 2.6 Royalcrest Paving & Contracting Ltd has provided similar services to the Municipality in the past with satisfactory results. As such, it was mutually agreed that a reference check was not required. 3. Financial 3.1 The total funds required to complete this project in the amount of $501,428.07 (Net HST Rebate), which includes construction costs in the amount of $452,344.68 (Net HST Rebate) and other project costs such as materials testing and contingency in the amount of $49,083.39 (Net HST Rebate) be approved and funded from the following accounts: Description Account Number Amount Tennis Court Upgrades 110-36-325-83712-7401 $300,000 Municipal Capital Works 511-00-000-00000-7418 $201,428.07 Reserve Fund 3.2 The value of the total project cost is over the allocated budget and is utilizing the Municipal Capital Works Reserve Fund to cover the deficit. The deficit is attributed to the material and labour inflation due to material and labour shortages, supply chain issues, high fuel prices and overall industry wide inflation that is currently being experienced. 3.3 The use of the Municipal Capital Works Reserve Fund is appropriate given the nature of this capital project. This project is not Development Charges related and therefore excess funding must come from a non -development charges related source. 3.4 At the Special Council Meeting held August 18, 2022, Council passed Resolution #C- 168-22 providing authorization for the CAO to approve projects and additional funding over and above the over -expenditure policy for projects listed on page 6 of Report FSD-033-22. This project is one of the identified projects in Report FSD-033-22. 4. Concurrence This report has been reviewed by the Director of Public Works who concurs with the recommendations. Page 251 Attachment 8 to Report FSD-035-22 Municipality of Clarington Report Purchasinq Services-024-22 5. Conclusion Page 4 It is respectfully recommended that Royalcrest Paving & Contracting Ltd, with a total bid price of $452,344.68 (Net HST Rebate) being the lowest compliant bid be awarded the contract for the Various Court Replacements as required by the Public Works Department as per the terms, conditions and specifications of Tender CL2022-22. Staff Contact: David Ferguson, Purchasing Manager, 905-623-3379 ext. 2209 or dferguson@clarington.net. Attachments: Attachment 1 — Bid Summary Page 252 Attachment 8 to Report FSD-035-22 Municipality of Clarington Report Purchasing Services-024-22 Attachment 1 — Bid Summary Page 5 Municipality of Clarington CL2022-22 Various Court Replacements Bid Summary Bidder Total Bid Total Bid (Including HST) (Net HST Rebate) Royalcrest Paving & Contracting Ltd $502,308.85 $452,344.68 Dig -Con International Limited $626,860.72 $564,507.49 Page 253