HomeMy WebLinkAbout12-5-2022 Special
Special Planning and Development Committee
Agenda
Date:December 5, 2022
Time:5:00 p.m.
Location:Council Chambers or Microsoft Teams
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accessibility accommodations for persons attending, please contact: Lindsey Patenaude,
Committee Coordinator, at 905-623-3379, ext. 2106, or by email at lpatenaude@clarington.net.
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The Revised Agenda will be published on Friday after 3:30 p.m. Late items added or a change to
an item will appear with a * beside them.
Pages
1.Call to Order
2.Land Acknowledgement Statement
3.Declaration of Interest
4.Planning and Infrastructure Services Department Reports
4.1 PDS-044-22 Enniskillen Estates, Plan 40M-2583 Assumption By-Law 3
4.2 PDS-045-22 Huntington Subdivision Phase 3, Certificate of Acceptance
and Assumption By-Law, Final and Other Related Works
8
4.3 PDS-046-22 Tooley Mills Subdivision, Plan 40M-2593 Assumption By-
Law
13
4.4 PDS-047-22 Crosswinds Subdivision, Plan 40M-2599 Assumption By-
Law
18
4.5 PDS-049-22 Appointment of Deputy Chief Building Official 23
4.6 PDS-051-22 Bill 109, More Homes for Everyone Act, 2022 and Bill 13,
Supporting People and Businesses Act, 2021 – a Recommended Path
Forward for the Development Process
26
4.7 PDS-052-22 Official Plan and Zoning By-law Amendment Applications to
Facilitate the Severance of a Farm Rendered Surplus as a Result of the
Consolidation of Non-abutting Farm Parcels
47
4.8 PDS-053-22 Zoning By-law Amendments to By-law 84-63 and By-law
2005-109 to Facilitate the Severance of a Dwelling Rendered Surplus as
Result of the Consolidation of Non-abutting Farm Parcels
58
4.9 PDS-054-22 More Homes Built Faster Act, 2022 (Bill 23); Comments 69
5.Adjournment
Planning and Development Committee
December 5, 2022
Page 2
Staff Report
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Coordinator at 905-623-3379 ext. 2131.
Report To: Planning and Development Committee
Date of Meeting: December 5, 2022 Report Number: PDS-044-22
Submitted By: Carlos Salazar, Director of Planning and Infrastructure Services
Reviewed By: Mary-Anne Dempster, CAO Resolution#:
File Number: 18T-89012 By-law Number:
Report Subject: Enniskillen Estates, Plan 40M-2583 Assumption By-Law
Recommendations:
1. That Report PDS-044-22 and any related delegations or communication items, be
received;
2. That the draft By-law (Attachment 2) to Report PDS-044-22, be approved; and
3. That all interested parties listed in Report PDS-044-22 and any delegations be
advised of Council’s decision.
Page 3
Municipality of Clarington Page 2
Report PDS-044-22
Report Overview
This report concerns Enniskillen Estates. It requests Council’s permission to approve a by-
law to assume certain streets within Plan 40M-2583 as public highways.
1. Background
The Subdivision Agreement
1.1 The Corporation of the Municipality of Clarington entered into a Subdivision Agreement
registered on November 29, 2016 with 2501338 Ontario Ltd. to develop lands by plan of
subdivision, located in Enniskillen and described as Plan 40M -2583 (Attachment 1).
The agreement required the developer to construct all roadworks, including hot-mix
paving, sidewalks, curb and gutter, street trees, a storm drainage system and
streetlights. These works were completed and accepted by the Director of Planning and
Infrastructure Services through provisions in the Subdivision Agreement.
2. Proposal
2.1 A by-law is required to permit the Municipality to assume certain streets within Plan
40M-2583 as public highways. The proposed by-law may be found as an Attachment 2
to this report.
3. Financial Considerations
3.1 Upon assumption of the subdivision, the Municipality will assume the infrastructure
assets. Once the assets are assumed by the Municipality, the repair, maintenance and
replacement are the responsibility of the Municipality of Clarington. Spec ifically, Lionel
Byam Drive will be added to our asset register and included in asset management
planning
3.2 The operational costs including winter control will be included in the Municipality’s
operating budgets.
4. Concurrence
Not Applicable.
Page 4
Municipality of Clarington Page 3
Report PDS-044-22
5. Conclusion
It is respectfully recommended that the Council pass the by-law found as Attachment 2
to this report. Following its passage, the Municipal Solicitor will register it in the Land
Registry Office.
Staff Contact: Karen Richardson, Manager, Development Engineering 905-623-3379 ext.
2327 or krichardson@clarington.net.
Attachments:
Attachment 1 – Key Map
Attachment 2 – By-law Report to PDS-044-22
Interested Parties:
The following interested parties will be notified of Council's decision:
Jamie MacInnis, 2501338 Ontario Ltd.
Page 5
REPORT PWD- -22
40M-2583.mxd
DRAWN BY:
.
Enniskillen Estates Subdivision
Plan 40M-2583
ENNISKILLEN KEY MAP
Salter Ct. Old Scugog Rd. Holt Rd.DATE:
FILE NAME:
September 29, 2022
E.L.
ATTACHMENT No. 1 Bowmanville Ave. Reg. Rd. 3 OLD SCUGOG ROADLIONELBYAMDRIVEREGIONAL ROAD 3
Page 6
Attachment 2 to
Report PDS-044-22
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 2022-XXX
Being a By-law to establish, lay out and dedicate certain lands as public highways in the
Municipality of Clarington, to assume certain streets within the Municipality of Clarington
as public highways in the Municipality of Clarington, and to name them.
Now therefore the Council of the Municipality of Clarington enacts as follows:
1. That the blocks shown on Plan 40M-2583, and listed below in this section, being
in the Municipality of Clarington, in the Regional Municipality of Durham, is hereb y
established, laid out, and dedicated by The Corporation of the Municipality of
Clarington as public highway:
Block 27 (0.3m Reserve)
2. That the streets and blocks shown on Plan 40M-2583, and listed below in this
section, being in the Municipality of Clarington, in the Regional Municipality of
Durham, are hereby accepted by the Corporation of the Municipality of Clarington
as public highways, and assumed by the said corporation for public use:
Lionel Byam Drive
Block 27 (0.3m Reserve)
Block 26 (Street widening)
Passed in open Council this XX day of MMM, 2022.
_____________________________________
Adrian Foster, Mayor
_____________________________________
June Gallagher, Municipal Clerk
Page 7
Staff Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: Planning and Development Committee
Date of Meeting: December 5, 2022 Report Number: PDS-045-22
Submitted By: Carlos Salazar, Director of Planning and Infrastructure Services
Reviewed By: Mary-Anne Dempster, CAO Resolution#:
File Number: S-C-2007-0007 By-law Number:
Report Subject: Huntington Subdivision Phase 3, Certificate of Acceptance and
Assumption By-Law, Final and Other Related Works
Recommendations:
1. That Report PDS-045-22 and any related delegations or communication items, be
received;
2. That the Director of Planning and Infrastructure Services be authorized to issue a
‘Certificate of Acceptance’ for the Finals Works, which includes final stage roads and
other related works constructed within Plan 40M-2513;
3. That the draft By-law (Attachment 2), assuming certain streets and block within Plan
40M-2513 (Attachment 1), be approved; and
4. That all interested parties listed in Report PDS-045-22 and any delegations be
advised of Council’s decision.
Page 8
Municipality of Clarington Page 2
Report PDS-045-22
Report Overview
This report concerns Huntington Subdivision Phase 3. It requests Council’s permission to
issue the required Certificate of Acceptance for the Final Works, as well as approve a by-law
to assume certain streets within Plan 40M-2513 as public highways.
1. Background
The Subdivision Agreement
1.1 The Corporation of the Municipality of Clarington entered into a Subdivision Agreement
registered April 2, 2014 with Prestonvale Heights Limited to develop lands by plan of
subdivision, located in Courtice and described as Plan 40M-2513 (Attachment 1). The
agreement required the developer to construct all roadworks, including hot -mix paving,
sidewalks, curb and gutter, street trees, a storm drainage system, and streetlights,
hereinafter referred to as the ‘Works’.
The Subdivision Agreement provides for:
1.2 Initial Works
These works were issued a ‘Certificate of Completion’ and a subsequent ‘Certificate of
Acceptance’ by the Director of Planning and Infrastructure Services.
1.3 Street Lighting System
These works were issued a “Certificate of Completion’ and subsequent ‘Certificate of
Acceptance’ by the Director of Planning and Infrastructure Services.
1.4 Storm Water Management System
Not Applicable
1.5 Final Works
These works, which include all surface works such as curb and gutter, sidewalk, hot mix
paving, boulevard works and street trees, were issued a ‘Certificate of Completion’
dated September 15, 2020. This initiated a one (1) year maintenance period, which
expired on September 15, 2021. The Works were re-inspected at that time, and all
deficiencies have now been rectified to the satisfaction of the Director of Planning and
Infrastructure Services.
Page 9
Municipality of Clarington Page 3
Report PDS-045-22
2. Proposal
2.1 It is now appropriate to issue a ‘Certificate of Acceptance’ for the Final Works. The
Subdivision Agreement requires Council approval prior to the issuance of the ‘Certificate
of Acceptance’ for the Final Works.
2.2 Further to the issuance of a ‘Certificate of Acceptance’, a by-law is required to permit
the Municipality to assume certain streets within Plan 40M-2513 as public highways
(Attachment 2).
3. Financial Considerations
3.1 Upon assumption of the subdivision, the Municipality will assume the infrastructure
assets. Once the assets are assumed by the Municipality, the repair, maintenance and
replacement are the responsibility of the Municipality of Clarington. Specifically, the
public highways identified in the attached by-law will be added to our asset register and
included in asset management planning
3.2 The operational costs including winter control will be included in the Municipality’s
operating budgets. Concurrence
4. Conclusion
It is respectfully recommended that the Director of Planning and Infrastructure Services
be authorized to issue a ‘Certificate of Acceptance’ for the Final Works, which includes
final stage roads and other related Works constructed within Plan 40M-2513, and that
Council approve the by-law attached to Report PWD-NNN-22 assuming certain streets
within Plan 40M-2513 as public highways.
Staff Contact: Karen Richardson, Manager, Development Engineering, 905-623-3379 ext.
2327 or krichardson@clarington.net.
Attachments:
Attachment 1 – Key Map
Attachment 2 – By-law Report to PDS-045-22
Interested Parties:
The following interested parties will be notified of Council's decision:
Paul Spitzen, Prestonvale Heights Ltd.
Page 10
REPORT PWD- -22
40M-2513.mxd
DRAWN BY:
.
Huntington Subdivision
Phase 3
Plan 40M-2513
COURTICE
KEY MAP
Meadowglade
Rd. PrestonvaleRd. Townline Rd. S. DATE:
FILE NAME:
September 22, 2022
E.L.
ATTACHMENT No. 1 Trulls Rd. Bloor St.
BL
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ST
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ET MEADOWGLADEROAD PRESTONVALEROAD McROBERTSCRESCENT CALE AVENUE
BATHGATE CRESCENT
DEWELL CRESCENT
J:\Engineering\Attachments\Attachments Post ESRI Upgrade\40M-2513.mxd
Page 11
Attachment 2 to Report PDS-045-22
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 2022-XXX
Being a by-law to establish, lay out and dedicate certain lands as public highways in the
Municipality of Clarington, to assume certain streets within the Municipality of Clarington
as public highways in the Municipality of Clarington, and to name them.
Now therefore the Council of the Municipality of Clarington enacts as follows :
1. That the blocks shown on Plan 40M-2513, and listed below in this section, being
in the Municipality of Clarington, in the Regional Municipality of Durham, are
hereby established, laid out, and dedicated by the Corporation of the Municipality
of Clarington as public highways:
Block 94 (0.3m Reserve)
Block 95 (0.3m Reserve)
Block 97 (0.3m Reserve)
Block 98 (0.3m Reserve)
2. That the streets and blocks shown on Plan 40M-2513, and listed below in this
section, being in the Municipality of Clarington, in the Regional Municipality of
Durham, are hereby accepted by the Corporation of the Municipality of Clarington
as public highways, and assumed by the said Corporation for public use:
McRoberts Crescent
Cale Avenue
Block 93 (Street Widening)
Block 94 (0.3m Reserve)
Block 95 (0.3m Reserve)
Block 97 (0.3m Reserve)
Block 98 (0.3m Reserve)
Passed in Open Council this XX day of MMMM, 2022.
_____________________________________
Adrian Foster, Mayor
_____________________________________
June Gallagher, Municipal Clerk Page 12
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: General Government Committee
Date of Meeting: November 28, 2022 Report Number: PDS-046-22
Submitted By: Carlos Salazar, Director of Planning and Infrastructure Services
Reviewed By: Mary-Anne Dempster, CAO Resolution#:
File Number: S-C-2015-0001 By-law Number:
Report Subject: Tooley Mills Subdivision, Plan 40M-2593 Assumption By-Law
Recommendations:
1. That Report PDS-046-22 and any related delegations or communication items, be
received;
2. That the By-law attached to Report PDS-046-22, as Attachment 2, be approved; and
3. That all interested parties listed in Report PDS-046-22 and any delegations be
advised of Council’s decision.
Page 13
Municipality of Clarington Page 2
Report PDS-046-22
Report Overview
This report concerns Tooley Mills Subdivision. It requests that Council approve a by-law to
assume certain streets within Plan 40M-2593 as public highways.
1. Background
The Subdivision Agreement
1.1 The Corporation of the Municipality of Clarington entered into a Subdivision Agreement
registered May 30, 2017 with Baseline Properties Inc. to develop lands by plan of
subdivision, located in Courtice and described as Plan 40M-2593 (Attachment 1).
2. Proposal
2.1 A by-law is required to permit the Municipality to assume certain streets within Plan
40M-2593 as public highways (Attachment 2).
3. Financial Considerations
3.1 Upon assumption of the subdivision, the Municipality will assume the infrastructure
assets. Once the assets are assumed by the Municipality, the repair, maintenance and
replacement are the responsibility of the Municipality of Clarington.
3.2 The operational costs including winter control will be included in the Municipality’s
operating budgets.
4. Concurrence
Not Applicable.
Page 14
Municipality of Clarington Page 3
Report PDS-046-22
5. Conclusion
It is respectfully recommended that Council pass the by-law found as Attachment 2 to
this report. Following assumption of certain blocks within Plan 40M-2593 as public
highways, the Municipal Solicitor will register them in the Land Registry Office.
Staff Contact: Karen Richardson, Manager, Development Engineering 905-623-3379 ext.
2327 or krichardson@clarington.net
Attachments:
Attachment 1 – Key Map
Attachment 2 – By-Law Report to PDS-046-22
Interested Parties:
The following interested parties will be notified of Council's decision:
Hannu Halminen, Baseline Properties Inc.
Page 15
.
Tooley Mills Subdivision
Plan 40M-2593 Townline Rd. Varcoe Rd. CENTERFIELD DRIVE TOOLEY ROAD NASH ROAD Tooley Rd. DRAWN BY:
E.L.
Nash Rd.
DATE:
Hwy. No. 2 Trulls Rd. September 29, 2022
REPORT PWD- -22
ATTACHMENT No. 1 COURTICE
FILE NAME:
KEY MAP 40M-2593.mxd
Page 16
Attachment 2 to
Report PDS-046-22
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 2022-XXX
Being a by-law to establish, lay out and dedicate certain lands as public highways in the
Municipality of Clarington, to assume certain streets within the Municipality of Clarington
as public highways in the Municipality of Clarington, and to name them.
Now therefore the Council of the Municipality of Clarington enacts as follows :
1. That the blocks shown on Plan 40M-2593, and listed below in this section, being
in the Municipality of Clarington, in the Regional Municipality of Durham, are
hereby accepted by the Corporation of the Municipality of Clarington as public
highways, and assumed by the said Corporation for public use:
Block 12 (Street Widening)
Block 13 (Street Widening)
Passed in Open Council this XX day of MMMM, 2022.
_____________________________________
Adrian Foster, Mayor
_____________________________________
June Gallagher, Municipal Clerk
Page 17
Staff Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: Planning and Development Committee
Date of Meeting: December 5, 2022 Report Number: PDS-047-22
Submitted By: Carlos Salazar, Director of Planning and Infrastructure Services
Reviewed By: Mary-Anne Dempster, CAO Resolution#:
File Number: S-C-2014-0001 By-law Number:
Report Subject: Crosswinds Subdivision, Plan 40M-2599 Assumption By-Law
Recommendations:
1. That Report PDS-047-22 and any related delegations or communication items, be
received;
2. That the draft By-law (Attachment 2) to Report PDS-047-22, be approved; and
3. That all interested parties listed in Report PDS-047-22 and any delegations be
advised of Council’s decision.
Page 18
Municipality of Clarington Page 2
Report PDS-047-22
Report Overview
This report concerns Crosswinds Subdivision. It requests Council’s permission to approve a
by-law to assume certain streets within Plan 40M-2599 as public highways.
1. Background
The Subdivision Agreement
1.1 The Corporation of the Municipality of Clarington entered into a Subdivision Agreement
registered May 17, 2017 with South Bowmanville Ltd. to develop lands by plan of
subdivision, located in Bowmanville and described as Plan 40M-2599 (Attachment 1).
The agreement required the developer to construct all roadworks, including hot-mix
paving, sidewalks, curb and gutter, street trees, a storm drainage system and
streetlights. These works were completed and accepted by the Director of Planning and
Infrastructure Services through provisions in the Subdivision Agreement.
2. Proposal
2.1 A by-law is required to permit the Municipality to assume certain streets within Plan
40M-2599 as public highways. The proposed by-law may be found as an Attachment 2
to this report.
3. Concurrence
3.1 Upon assumption of the subdivision, the Municipality will assume the infrastructure
assets. Once the assets are assumed by the Municipality, the repair, maintenance and
replacement are the responsibility of the Municipality of Clarington. Specifically,
Willoughby Place and Terry Crescent will be added to our asset register and included in
asset management planning
3.2 The operational costs including winter control will be included in the Municipality’s
operating budgets.
Page 19
Municipality of Clarington Page 3
Report PDS-047-22
4. Financial Considerations
Not Applicable.
5. Conclusion
It is respectfully recommended that that Council pass the by-law found as Attachment 2
to this report. Following its passage, the Municipal Solicitor will register it in the La nd
Registry Office.
Staff Contact: Karen Richardson, Manager, Development Engineering 905-623-3379 ext.
2327 or krichardson@clarington.net.
Attachments:
Attachment 1 – Key Map
Attachment 2 – By-law Report to PDS-047-22
Interested Parties:
The following interested parties will be notified of Council's decision:
Eddy Chan, South Bowmanville Ltd.
Page 20
BOWMANVILLEAVENUE E GC
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B O N S A V E N U E
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WILLOUGHBY PLACE TERRYCRESCENTREPORT EGD- -22
40M-2599.mxd
DRAWN BY:
.
Crosswinds
Subdivision
Plan 40M-2599
BOWMANVILLE KEY MAP
Bons Ave. Nash Rd. Green Rd. DATE:
FILE NAME:
May 30, 2022
E.L.
ATTACHMENT No. 1 Scugog St. LANE
Longworth Ave. Bowmanville Ave. WE
S
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S
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Page 21
Attachment 2 to
Report PDS-047-22
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 2022-XXX
Being a By-law to establish, lay out and dedicate certain lands as public highways in the
Municipality of Clarington, to assume certain streets within the Municipality of Clarington
as public highways in the Municipality of Clarington, and to name them.
Now therefore the Council of the Municipality of Clarington enacts as follows:
1. That the blocks shown on Plan 40M-2599, and listed below in this section, being
in the Municipality of Clarington, in the Regional Municipality of Durham, is hereb y
established, laid out, and dedicated by The Corporation of the Municipality of
Clarington as public highway:
Block 65 (0.3m Reserve)
Block 66 (0.3m Reserve)
Block 67 (0.3m Reserve)
2. That the streets and blocks shown on Plan 40M-2599, and listed below in this
section, being in the Municipality of Clarington, in the Regional Municipality of
Durham, are hereby accepted by the Corporation of the Municipality of Clarington
as public highways, and assumed by the said corporation for public use:
Willoughby Place
Terry Crescent save and except Parts 1-8 40R-30272
Block 63 (Street Widening)
Block 64 (Street Widening)
Block 65 (0.3m Reserve)
Block 66 (0.3m Reserve)
Block 67 (0.3m Reserve)
Passed in open Council this XX day of MMM, 2022.
_____________________________________
Adrian Foster, Mayor
_____________________________________
June Gallagher, Municipal Clerk
Page 22
Staff Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: Planning and Development Committee
Date of Meeting: September 8, 2022 Report Number: PDS-049-22
Submitted By: Carlos Salazar, Director of Planning and Infrastructure Services
Reviewed By: Mary-Anne Dempster, CAO Resolution#:
File Number: By-law Number:
Report Subject: Appointment of Deputy Chief Building Official
Recommendations:
1. That Report PDS-049-22 and any related delegations or communication items, be
received;
2. That Brendan Grigg be appointed as the Deputy Chief Building Official for the
Municipality of Clarington, with all the powers and duties of the Chief Building Official
effective immediately and that his name added to Schedule ‘A’, Table ‘A’ of the By-
law 2017-086;
3. That the By-law attached to Report PDS-049-22, as attachment 1, be approved; and
4. That all interested parties listed in Report PDS-049-22, and any delegations, be
advised of Council’s decision.
Page 23
Municipality of Clarington Page 2
Report PDS-049-22
Report Overview
Clarington is appointing, Brendan Grigg, as our Deputy Chief Building Official, with the
powers and duties of the Chief Building Official. The Chief Building Official is a statutory
position, as a result the appointment of a Deputy Chief Building Official ensure s continuity of
the office if the Chief Building Official is away.
1. Background
1.1 The Building Code Act requires that a municipality appoint a Chief Building Official to
administer and enforce the Ontario Building Code within the municipality. The Act allows
a municipality to appoint one or more deputies to fulfill the requirements of the Chief
Building Official.
1.2 Brendan Grigg was hired by the Municipality of Clarington to fill the position of
Supervisor of Building, Deputy Chief Building Official. Brendan has all the qualifications
necessary to function as the Deputy Chief Building Official and has many years of
experience in the building field.
2. Financial Considerations
2.1 Salaries and other expenses for the Deputy Chief Building Official, and other building
inspectors are covered by the building permit fees charged by the Municipality.
3. Concurrence
Not Applicable.
4. Conclusion
It is respectfully recommended that Council appoint, Brendan Grigg, as the
Municipalities Deputy Chief Building Official, with the powers and duties of the Chief
Building Official
Staff Contact: Brent Rice, Chief Building Official, 905-623-3379 ext. 2303 or
brice@clarington.net.
Attachments:
Attachment 1 – Amending By-law
Interested Parties:
There are no interested parties to be notified of Council's decision.
Page 24
Attachment 1 to
Report PDS-049-22
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 2022-XXX
Being a by-law amend By-law 2017-086, the Building By-law, to appoint Brendan
Grigg as Deputy Chief Building Official for the Corporation of the Municipality of
Clarington.
Whereas the Municipal Act 2001, S. 2001, c.25 as amended, authorizes the Council of
any municipality to appoint certain officers and employees as may be necessary for the
purposes of the corporation, or for carrying into effect or enforcing any Act of By-Law of
the Council;
And whereas the Building Code Act, SO. 1992, c.23 s.3(2) provides that the Council of
each Municipality shall appoint a Chief Building Official and such Inspectors as are
necessary for the enforcement of the Building Code Act in the areas in which the
Municipality has jurisdiction;
And whereas the Council of the Municipality of Clarington deems it desirable to appoint
a Deputy Chief Building Official;
And whereas the Council of the Municipality of Clarington has approved the
recommendations of Report PDS-xx-22 regarding the appointment;
Now therefore the Council of the Municipality of Clarington enacts as follows:
1. That Schedule “A” to By-law 2017-086 is amended by adding the following to
Row 2:
Column 2 (Name) = Brendan Grigg
Column 3 (Municipal Title) = Deputy Chief Building Official
Column 4 (Provincial BCIN) = 44638
2. That this by-law shall come into force and effect on the date of passing.
Passed in Open Council this XX day of MMMM, 2022.
_____________________________________
Adrian Foster, Mayor
_____________________________________
June Gallagher, Municipal Clerk
Page 25
Staff Report
baIf this information is required in an alternate accessible format, please contact the
Accessibility Coordinator at 905-623-3379 ext. 2131.
Report To: Planning and Development Committee
Date of Meeting: December 5, 2022 Report Number: PDS-051-22
Submitted By: Carlos Salazar, Director of Planning and Infrastructure Services
Reviewed By: Mary-Anne Dempster, CAO Resolution#:
File Number: PLN 1.1.27 By-law Number:
Report Subject: Bill 109, More Homes for Everyone Act, 2022 and Bill 13, Supporting
People and Businesses Act, 2021 – a Recommended Path Forward for
the Development Process
Recommendations:
1. That Report PDS-051-22 and any related delegations or communication items, be
received;
2. That Staff proceed with the Official Plan Amendment required to expand the matters
that Council may delegate in accordance with Bill 13, the Supporting People and
Businesses Act, 2021;
3. That the proposed approach to implement the Provincially mandated Planning Act
changes resulting from Bill 109, More Homes Everyone Act, 2022 be approved;
4. That Staff assess the resources necessary (staffing, consulting) to respond to Bill
109, as part of the 2023 Budget;
5. That the Fee By-law Amendment contained in Attachment 2 to Report PDS-051-22
be adopted;
6. That a copy of Report PDS-051-22 and Council’s decision be sent to the Ministry of
Municipal Affairs and Housing, and the other Durham Region area municipalities;
and
7. That all interested parties listed in Report PDS-051-22 and any delegations be
advised of Council’s decision.
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Report Overview
Changes to the Planning Act were recently made by the province through the enactment of
Bill 13, the Supporting People and Businesses Act, 2021 and Bill 109, the More Homes for
Everyone Act, 2022.
Bill 13 expands the delegation of approval authority powers granted to Municipal Council.
Bill 109 makes key changes to the development process, requiring municipalities to refund
certain development application fees if a decision is not made within legislative timelines and
requiring complete applications for Site Plan Control applications. The new refund
requirements come into effect January 1, 2023.
The purpose of this report is to (i) briefly summarize the province’s Planning Act changes
resulting from the enactment of Bill 13 and Bill 109 as it relates to the development process,
and (ii) bring forward a proposed approach to implement the changes that responds to the
potential implications of the proposed legislation for Council’s consideration.
The initiation of an amendment to the Clarington Official Plan is recommended to consider
the expanded delegation authority now permitted by the Planning Act. An enhanced pre-
consultation process is also proposed to include a review of supporting documents, studies,
and drawings to support the submission of a complete and high-quality application.
1. Introduction
1.1 The province is taking action to implement the 55 recommendations set out in the
Ontario Housing Affordability Task Force Report, (OHATF Report) released February 8,
2022. The recommendations set the foundation for the provincial target to build 1.5
million homes in Ontario over the next 10 years and provide direction for the province to
take action to increase density, streamline development processes, cut red tape,
improve the efficiency of the Ontario Land Tribunal (OLT), and provide funding to
support municipal transformation.
1.2 To date, several major steps have been taken by the province in implementing the
OHATF Report recommendations. These include:
April 14, 2022 - enactment of Bill 109, the More Homes for Everyone Act, 2022;
October 25, 2022 – introduction of Bill 23, the More Homes Built Faster Act, 2022;
October 25, 2022 – launch of 20 consultation postings regarding the More Homes
Built Faster Act, 2022 on the Environmental Registry and Regulatory Registry of
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Ontario, including a 66-day consultation period on the Review of A Place to Grow
and Provincial Policy Statement; and
November 4, 2022 – launch of a 30-day consultation on proposed changes to the
Greenbelt.
1.3 Additional delegation of authority to staff intended to contribute to the streamlining of
development processes were also brought forward by the province with the enactment
of Bill 13, the Supporting People and Businesses Act, 2021 on December 2, 2021.
1.4 The potential impacts of these initiatives represent significant change to Ontario’s land
use planning and approvals processes and have significant financial and resource
implications for the Municipality.
1.5 The purpose of this report is to (i) briefly summarize the province’s Planning Act
changes under the Supporting People and Businesses Act, 2021 and the More Homes
for Everyone Act, 2022 as it relates to the development process, and (ii) recommend a
path forward for the development process, including policy, process and fee changes.
Staff acknowledges that these changes will need to happen quickly given the tight
timeline from the province to implement the new legislative amendments.
1.6 The proposed changes and potential implications of Bill 23 and of changes proposed by
the province to the Greenbelt are the subject of separate reports PDS-054-22 and PDS-
059-22, respectively.
2. Bill 13, Supporting People and Business Act, 2021
2.1 Bill 13, Supporting People and Businesses Act, 2021, received Royal Assent on
December 2, 2021. Amendments made to the Planning Act came into effect
immediately, enabling Council to delegate, by by-law, its authority to pass zoning by-
laws that are of a minor nature to an appointed officer of the Municipality. Such by-laws
may include,
A by-law to remove a holding symbol; and
A by-law to authorize a temporary use.
2.2 Delegation of certain Council responsibilities relating to land use planning has been
done for many years by the Municipality. The responsibility for all decisions related to
the approval of a zoning by-law currently resides with Council, irrespective of the nature
of the zoning by-law.
2.3 To delegate approval authority to the Director of Planning and Infrastructure Services,
the Planning Act requires that the Official Plan provide policies to specify the types of
zoning by-laws that may be delegated. An Official Plan Amendment (OPA) is required
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in order to implement the changes introduced by B ill 13 and further streamline
Clarington’s development processes. Subject to Council’s direction, an OPA would be
prepared, and a Statutory Public Meeting scheduled in early 2023.
3. Bill 109, More Homes for Everyone Act, 2022
3.1 On March 30, 2022, the province took it’s first step in implementing the
recommendations of the OHATF report, introducing the More Homes for Everyone Plan
and Bill 109, the More Homes for Everyone Act, 2022. The Act received Royal Assent
on April 14, 2022, in advance of the deadline for the 30-day public comment period.
3.2 The More Homes for Everyone Act, 2022 introduced changes to the Planning Act
intended to reduce red tape, accelerate development timelines, and streamline
approvals with the ultimate goal to increase housing supply in Ontario.
3.3 The subsequent paragraphs outline the key amendments and additions to the Planning
Act resulting from the changes introduced by Bill 109 affecting the Municipality.
Refunding Application Fees
3.4 Changes made to the Planning Act now apply punitive consequences in the form of fee
refunds from municipalities. Municipalities will be required to gradually refund Site Plan,
Zoning By-law Amendment (ZBA) and OPA application fees to an applicant if a decision
is not made within the legislated timelines.
3.5 The following chart describes the tiered refunding timeline and references calendar
days. The new timelines start from when an application and required drawings,
information and materials are received and the required fees paid (i.e., before the
application is deemed complete).
Application No Refund 50% Refund 75% Refund 100% Refund
Combined Official
Plan Amendment
and Zoning By-
law Application
Decision made
within 120 days*
Decision made
within 121 and
179 days*
Decision made
within 180 and
239 days*
Decision made
240 days or later*
Zoning By-law
Application
Decision made
within 90 days*
Decision made
within 91 and 149
days*
Decision made
within 150 and
209 days*
Decision made
210 days or later*
Site Plan
Application
Approved within
60 days*
Approved within
61 and 89 days*
Approved within
90 and 119 days*
Approved 120
days or later*
* The “time clock” starts the day the application is received, and fees paid.
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3.6 It is important to note that in order to avoid fee refunds, the changes require the
following:
Approval of a Site Plan application (authority designated to the Director of
Planning and Infrastructure Services) within the prescribed timeline;
Decision by Council (i.e. approval or refusal) on a ZBA or joint OPA/ZBA
application within the prescribed timelines.
3.7 The Planning Act amendments do not recognize that the planning approvals process is
a partnership involving the Municipality, the applicant, the community, external agencies
including Provincial Ministries, and municipal Councils. They do not take into account
that the planning process is iterative and applicants play a significant role in both the
timing of and the quality of submissions and resubmission.
3.8 Applicants require time to review, clarify, and respond to the commen ts received from
Municipal departments and agencies during the review of their application. This often
takes multiple rounds of submission and resubmission; delays can often be attributed to
the quality of submissions. No mechanism has been provided to “pause the clock” while
the Municipality awaits applicants to address review comments.
3.9 Similarly, there is no mechanism provided to “pause the clock” to account for the time
required by external agencies, including provincial ministries, to review circulated
applications and resubmissions, or where the Municipality needs to retain external
consultants to support with peer reviews. The time it takes to complete these
components of the process is outside of the control of the Municipality.
3.10 According to the Greater Toronto Area Municipal Benchmarking Study – 2nd Edition
(Altus Group; September 2022) prepared on behalf of the Building Industry and Land
Development Association, “[municipal] approval timelines range from 10 to 34 months
depending on the municipality, with most types of applications (Rezoning, Site Plan,
Plan of Subdivision) taking 20 – 24 months on average GTA-wide.” The new
requirements for refunding of application fees will potentially have major financial
impacts to municipalities. Even if the development review process was streamlined to
achieve a 50 per cent improvement (i.e., from 20-24 months to 10-12 months), the
Planning Act timeframes are still not met.
3.11 As of October 31, 2022, the Municipality collected $553,000 in planning application fees
for OPA, ZBA and Site Plan applications in 2022. If the legislated timelines are not met,
this would lead to a loss in revenue that would need to be absorbed by municipal levies.
The Clarington taxpayers will pay for this loss. As municipalities adapt to manage risk,
these measures may in turn slow down the development approval process and reduce
opportunities to establish more meaningful dialogue between developers and the
community, and to work collaboratively with applicants.
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Amendments to Site Plan Control
3.12 The Site Plan approval process is already delegated to the Director of Planning and
Infrastructure Services. With the Planning Act changes, the Site Plan application
process is similar to the application processes for OPAs and ZBAs, enabling the
Municipality to refuse applications that do not include the information and material
prescribed as being required by the municipality and also requiring that a notice of
completeness be given to the applicant within 30 days of the application being received
and fees paid.
Amendments to Subdivision Control
3.13 Prior to the enactment of Bill 109, the Planning Act provided the ability to include a
lapsing date with draft plan approval of subdivisions and condominiums. To streamline
decision-making, the Planning Act amendments provides a one-time discretionary
authority allowing municipalities to reinstate draft plans of subdivision which have lapsed
within the past five years without the need for a new application. This only applies
where units have not been pre-sold.
3.14 The Municipality typically includes a 3-year lapsing provision in subdivision agreements,
where owners are required to register their subdivision or condominium within 3 years of
the date of draft approval. Applicants may request an extension (subject to payment of
a fee) of their Draft Approved Plan of Subdivision, if necessary.
4. Fee Refunds Impacts and Process Changes
4.1 While enactment of Bill 109 brings forward many legislative amendments that impact the
municipal planning approvals process, the new fee refund requirements pose the
greatest risk to the Municipality and further strains already limited Municipal resources.
With these changes coming into effect January 1, 2023, immediate action is necessary
to adapt and streamline the way we do things in order to minimize the financial risk and
identify opportunities to free up capacity.
Process Streamlining
4.2 In August, Planning and Infrastructure Services retained Dillon Consulting Ltd. to
undertake the Development Review Transformation Initiative, using grant support
provided through the provincial Streamlined Development Approvals Fund. The
Transformation Initiative seeks to enhance the existing approach to providing land
development services with a view to improving the efficiency and effectiveness of
processes, taking a customer-centric approach, and maximizing the benefits that can be
realized through the Corporation’s concurrent digital transformation. This initiative is
intended to build on previous continuous improvement initiatives, such as the Process
Enhancement Project in 2017 (see PSD-046-17).
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4.3 Concurrent with the Transformation Initiative, a re-organization of Municipal
development services occurred in September, including expanding the newly named
Planning and Infrastructure Services department to include municipal engineering and
economic development services. These changes, coupled with the recent
implementation of the Municipality’s new Municipal Business Solution (AMANDA)
program, will better position the Department to improve customer service and
coordinate the implementation of streamlining measures.
4.4 As part of the Transformation Initiative, staff considered a range of revenue and process
options to address the new obligations and risks of the legislative changes. The
following sections outline recommended changes to the Municipality’s current approach
to processing development applications in order to reduce the Municipality’s risk of
having to refund planning application fees. A simplified ZBA process map is provided in
Attachment 1 to demonstrate changes between the current and the proposed updated
approach.
Pre-Consultation
4.5 By-law 2007-132 requires that pre-consultation with the Municipality occur prior to the
submission and acceptance of development applications (OPA, ZBA, Site Plan, Plan of
Subdivision, and Plan of Condominium ). The pre-consultation process facilitates
potential applicants to present and discuss a development proposal with relevant staff
and external agencies. The meeting provides the opportunity to clarify the application
process and the supporting materials and information that will be required to be
submitted with the Planning Act application.
4.6 In response to the timeframes and the More Homes for Everyone Act, 2022,
implementation of an updated, enhanced, two-stage pre-application pre-consultation
process is recommended, consisting of:
Stage 1: Conceptual Proposal Review – Stage 1 reflects the current pre-
consultation carried out by the Municipality. Applicants present and discuss their
development proposal with relevant staff and agencies. The meeting aims to
provide preliminary comments on the developm ent proposal, identify key issues,
and define the development applications, drawings, and studies that will be
required.
Stage 2: Technical Proposal Review – Stage 2 involves an initial screening of the
supporting information, materials, and studies before submission as supporting
documentation for an application, providing an opportunity to verify adequacy and
completeness. The Municipality will coordinate review and commenting from all
applicable Municipal departments and agencies in this stage. Applicants will be
requested to demonstrate how the comments provided to date have been
addressed as part of a complete application.
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4.7 As noted above, Stage 1 of pre-consultation will determine the development
applications, drawings, and studies that will be required for the proposal. Where the
proposed development requires both a ZBA and Site Plan application, the applications
will not be permitted to proceed to Stage 2 of pre-consultation concurrently, nor will the
applications be processed concurrently. The time needed to process a ZBA application,
which includes a Statutory Public Meeting in addition to the review process, exceeds the
60-day timeframe set out in the Planning Act for approving a Site Plan application
(Figure 1).
Figure 1: Comparison of Planning Act Timeframes
4.8 Should an applicant decide (contrary to Municipal requirements) to proceed with
application submission based on the information they received during Stage 1 –
Conceptual Proposal Review, this action may result in the application being deemed
incomplete. This may result in more OLT appeals.
Site Plans and Official Plan / Zoning By-law Amendments
4.9 The enhanced two-stage pre-consultation process should result in more “complete
applications.” Addressing the information requirements outlined in pre-consultation prior
to submission of an application is the responsibility of applicants. It will be necessary
that staff conduct a more rigorous and time limited “completeness” review upon the
submission of applications. This may result in an increase in the number of applications
deemed incomplete, and OLT appeals filed.
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4.10 To address the challenges that the legislative changes present as it relates to public
consultation and collaboration, all OPA and ZBA applicants will be required to undertake
consultation with the public prior to application submission. Indicating how the
comments and concerns of the public have been addressed will be a requirement of a
complete application. Guidance material on the Municipality’s consultation and
reporting requirements will be needed to ensure a standardized approach and
expectations.
4.11 There will be less opportunity for staff to work with applicants during the application
review process, or to accept a lack of timely comments from external agencies or
resubmissions and responses from applicants. Such delays are outside of the control of
the Municipality. In the absence of having all the information necessary to make a
favourable recommendation within the Planning Act timeframes, Staff (Site Plan) and
Council (OPA/ZBA) will potentially have no other option but to recommend denial on
these applications.
Additional Administrative Matters
4.12 OPAs and ZBAs require a Statutory Public Meeting. Notice of the meeting is provided
21 days in advance of the public meeting. Current Council policy limits the number of
public meetings held during a Planning and Development Committee meeting to three
applications. Moreover, Planning and Development Committee meetings are typically
not held during the months of July and August. Reconsideration by Council of the
number of permitted Statutory Public Meetings, frequency of Planning and Development
Committee meetings, and scheduling of additional Special Planning and Development
Committee meetings may be necessary to facilitate Statutory Public Meetings within the
legislated timeframes.
4.13 OPAs and ZBAs require a decision of Council. Council will continue to have the
discretion to defer / refer development applications at Planning and Development
Committee or Council back to staff before making a decision but must be aware that this
will challenge the Municipality’s ability to meet legislated timelines and may result in a
financial penalty in the form of a refund.
4.14 The Municipality’s capacity to process development applications will need to increase to
manage the condensed timelines. Through the Transformation Initiative and budget
process, staff will identify opportunities to increase capacity. Staff will also review
whether there is a need to hire specialized technical staff to reduce dependency on
outside agencies, and in turn reduce processing timelines.
4.15 It is important to note that existing vacancies in Planning and Infrastructure Services
have been difficult to recruit recently given market conditions. The increased workload
and expectations resulting from the More Homes for Everyone Act, 2022 may create a
situation where the public sector is a less desirable employer. This challenge is made
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greater with the anticipated pressures imposed by Bill 23, the More Homes Built Faster
Act, 2022 (PDS-054-22).
Recommended Fees
4.16 Municipalities are not able to take on the cost of development with these proposed
changes as we have always used the “growth pays for growth” model . With the
Planning Act changes, the financial burden would fall to the existing tax base.
4.17 The Planning Act allows a Municipality to pass a by-law setting out a fee schedule for
processing of planning applications. The fees collected are intended to recover the
“anticipated cost” to the Municipality for processing development applications. Under
the current fee schedule Clarington does not fully recover the cost of processing
applications when direct and indirect costs, including staff time, overhead and circulation
of revised submissions are included.
4.18 The current Fee By-law 2010-142 will expire on June 30, 2023. The Municipality has
retained Hemson Consulting Ltd. to assist the Municipality to conduct a comprehensive
planning application fees review, in conjunction with the required 5-year Building Permit
fees review. The scope of the comprehensive planning Fee By-law review will consider
the process changes as presented in this report, pending Council’s approval.
4.19 In order to recover a portion of the anticipated cost associated with the enhanced pre -
consultation process, an immediate update to the Fee By-law is recommended. The
proposed By-law, Attachment 2, would be in effect January 1, 2023, until June 30,
2023. The pre-consultation Stage 1 fee mirrors the current pre -consultation fee of
$1,000. The recommended fee for Stage 2 of pre-consultation is $5,000, reflecting the
additional time associated with circulation, screening and commenting.
4.20 To support provincial objectives to build more homes faster, it is also recommended that
the Fee By-law be immediately updated to introduce a new fee for extensions to Site
Plan Approval. The Municipality includes a lapsing provision in Site Plan agreements,
where owners are required to have building permits issued for their development within
two years of the date of the agreement or the agreement becomes null and void.
Generally, the Municipality has demonstrated flexibility with developers in this regard.
However, we are commonly seeing approved projects remaining undeveloped. Strict
enforcement of the lapsing provision, coupled with an extension fee will incentivize the
construction of developments to commence within two years of the Site Plan
Agreement. The recommended fee is included in Attachment 2 and is set at 50% of
the original application fee.
Transition
4.21 The following outlines transitional matters that staff propose to implement:
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The Planning Act changes regarding refunds apply to joint OPA/ZBA, ZBA, and
Site Plan applications submitted on or after January 1, 2023. While staff are
processing numerous development applications, including other types of
applications not affected by the legislative changes, prioritization of ZBA and Site
Plan applications received after January 1, 2023, over existing and new
applications not subject to the refund requirements will need to occur to minimize
the Municipality’s risk of having to refund application fees. However, this also
exposes the Municipality to a higher risk of appeals on these other applications for
failure to make a decision within the prescribed timeframes.
Where a pre-consultation occurred between July 1 and December 31, 2022, the
pre-consultation will be considered to have met the requirements of Pre -
Consultation Stage 1. Completion of Pre-Consultation Stage 2 will be necessary
prior to submitting an application. Notice will be sent to the effected pre-
consultation applicants, providing instruction on the updated process they will be
required to undertake. (Note that the minutes of any pre-consultation meetings
held prior to July 1, 2022, are already deemed expired as per current pre-
consultation procedures.)
Clarington Housing Supply and Provincial Target
4.22 Report PDS-054-22 outlines the provincial housing target allocated to Clarington to
facilitate the construction of 13,000 new homes by 2031. In addition, the report
demonstrates that Clarington’s housing supply is more than sufficient to meet this
target, including a supply of over 5,000 residential units based on approved applications
over the last 10 years and 31,000 units that will be within approved secondary plans by
2025.
4.23 With more than a sufficient supply of approved units available to meet the housing
targets set by the province, the provincial intervention in the form of punitive fee refunds
by municipalities with no regard for aspects of the development approvals processes
that are outside of our control is unnecessary. Further, Clarington does not need
additional provincial intervention in the form of urban boundary expansions, Minister
Zoning Orders, or changes to the Greenbelt boundary to achieve the target assigned by
the province, or to meet our own population forecasts beyond 2031.
5. Durham Region Home Builders Association Comments
5.1 Staff received comments from the Durham Region Homebuilders Association (DRHBA)
on the draft proposed process changes. Their comments centered around the argument
that the proposed changes focus on minimizing the risk of revenue loss to the
Municipality. Staff agree with that sentiment. The unrealistic timeframes afforded by
the Planning Act being tied to revenue loss to the Municipality will potentially have major
financial impacts for the tax levy.
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5.2 As indicated, the recent Altus Group report commissioned by the development industry
found that “[municipal] approval timelines range from 10 to 34 months depending on the
municipality, with most types of applications (Rezoning, Site Plan, Plan of Subdivision)
taking 20 – 24 months on average GTA-wide.” In other words, none met the legislated
timeframes, even before Bill 109.
5.3 Some of the comments from the DRHBA point out some efficiencies, like releasing
agency comments as they come and the need to discuss multiple stages of the project
at the pre-consultation stage. We agree with those comments and will implement them.
6. Next Steps
6.1 There are a number of necessary actions that staff will need to take to implement and
communicate the Municipality’s response to the Planning Act changes that take effect
January 1, 2023. These actions are outlined below, based on the priority for
implementation:
Implementation
Timeframe
Action
Short Term
(before Jan. 1, 2023)
Provide notice of Stage 2 pre-consultation requirements to
applicants of pre-consultation meetings held between July 1
and December 31, 2022
Establish an application fee refund procedure
Update and develop new pre-consultation forms and templates
Update the Municipality’s website, brochures, and handbooks
Undertake staff training of new processes
Communicate changes with the development industry and
other key stakeholders on the changes proposed throughout
this report
Medium Term
(Q1 2023)
Incorporate additional staffing needs into 2023 Budget process
Incorporate process changes into planning applications fee
review
Develop applicant public consultation and reporting guidelines
Update internal procedure manuals
AMANDA system updates to facilitate the enhanced pre-
consultation process
Develop measurement and monitoring mechanisms to assess
the impact of the process changes and performance relative to
Planning Act timeframes
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Implementation
Timeframe
Action
Long Term Establish standardized Terms of Reference for required
studies
6.2 Additionally, Staff continue to work on the Transformation Initiative, the outcomes of
which will be reported to Council as part of completion of the Municipality’s Streamlined
Development Approvals Fund initiatives.
7. Financial Considerations
7.1 It is staff’s intention to minimize, to the maximum extent possible, the need to issue
application fee refunds as a result of the new provincial legislation. Based on 2022 and
2023 budgeted revenues, the estimated annual planning application fee revenues that
would be “at risk” if refunds are required is approximately $500,000 - $650,000. This
amount equates to approximately a one percent increase to the tax levy. Application
fee refunds as a result of the More Homes for Everyone Act, 2022 will be reported to
Council through the annual budget process.
7.2 A comprehensive planning application fees update study that considers the
Municipality’s response to the recent Planning Act changes and intends to recover the
full anticipated cost the Municipality for processing development applications has been
initiated, the results of which will be reported back to Council in the second quarter of
2023.
8. Concurrence
This report has been reviewed by the Deputy CAO/Treasurer who concurs with the
recommendations.
9. Conclusion
9.1 The enactment of Bill 13, the Supporting People and Businesses Act, 2021, expands
Council’s authority to delegate certain Planning Act approvals to an appointed officer of
the Municipality to streamline process. The enactment of Bill 109, the More Homes for
Everyone Act, 2022, has made amendments to Planning Act application processes
which present a financial risk to the Municipality and require a Municipal response.
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9.2 New application processing software and the recent expansion and restructuring of the
Planning and Infrastructure Services Department will better position the Municipality to
address the high demand for new development in Clarington. The Transformation
Initiative and Fee By-law review, now underway, will provide a longer-term roadmap for
continuous improvement and full cost recovery of development services.
9.3 To respond to the implications of Planning Act amendments stemming from the
enactment of Bill 13 and Bill 109 the initiation of an amendment to Clarington’s Official
Plan to consider expanded delegation of approval authority, and immediate
enhancements to the Municipality’s pre-consultation process and corresponding
planning application fee updates are recommended.
9.4 The recommended development and implementation of an enhanced pre-consultation
process intends to ensure the Municipality receives comprehensive and complete
development applications, minimizing or eliminating the need for multiple rounds of
review and revision. Coupled with this, applications will require a more rigorous review
with less opportunity to collaborate with applicants and the public. The changes may
result in more frequent deeming of incomplete applications and denials of applications
and increase the number of appeals to OLT. In addition, some external factors will
remain outside of the Municipality’s control and may impede the Municipality’s ability to
issue decisions on applications within the Planning Act timeframes.
9.5 The Municipality’s response to legislative changes requires a fundamental shift in how
the Municipality processes applications and engages with the community and applicants
in the processing of development applications. Staff will monitor the outcomes of
implementing the approach outlined in this report, and the responses of other
municipalities and from the development industry.
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9.6 Council also needs to consider that in addition to More Homes for Everyone Act, 2022
and the potential revenue loss to the municipalities, the recently introduced Bill 23, the
More Homes Built Faster Act, 2022 has significant negative impacts on the
Municipality’s fiscal sustainability. Bill 109, the subject of this report, combined with the
impacts of the proposed Bill 23, undermine the principle of “growth pays for growth” and
shifts the burden of many costs from the developer to the taxpayer.
Staff Contact: Lisa Backus, Manager of Community Planning, 905-623-3379 Ext. 2413 or
lbackus@clarington.net; Amy Burke, Principal Planner, 905-623-3379 Ext. 2423 or
aburke@clarington.net.
Attachments:
Attachment 1 – Development Application Process Diagrams
Attachment 2 – Fees By-law Amendment & Fee Schedule
Interested Parties:
The following interested parties will be notified of Council's decision:
Durham Region Home Builders Association
BILD – Durham Chapter
Regional Municipality of Durham
Central Lake Ontario Conservation Authority
Ganaraska Region Conservation Authority
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Attachment 1 to PDS-051-22
Zoning By-law Development Application Process: Current Zoning By-law Development Application Process: Proposed:
(Until Dec. 31, 2022) (Effective Jan. 1, 2023)
Early concept informational
meeting
Application submission and
payment
Pre-application consultation
(Conceptual) Pre-consultation
Public Information Centre
(if required)
Statutory Public Meeting
(if required)
Complete
application decision Application
Review
(subject to
Planning Act
timeframes) Application circulation and
review
Application revision, resubmission,
and recirculation (if required)
Appeal by
Applicant
(for non-
decision)
Negative
Recommendation Report to
Planning & Development
Committee
Decision of Council
Positive Recommendation
Report to Planning &
Development Committee
Refer back
to staff
Early concept informational
meeting
Application submission
Applicant-Led
Public Information Centre
(if required)
Pre-application consultation
(Conceptual)
Pre-application consultation
(Technical)
Pre-consultation
Application
Review
(subject to
Planning Act
timeframes)
Issue refund
(if timelines
note met)
Appeal by
Applicant
(for non-
decision)
Statutory Public Meeting
(if required)
Complete
application decision
Application circulation and
review
Negative
Recommendation Report to
Planning & Development
Committee
Decision of Council
Positive Recommendation
Report to Planning &
Development Committee
OR OR
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Attachment 2 to PDS-051-22
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 No._____
Being a By-law to amend Schedule A of the Fee By-law 2010-142
WHEREAS Section 69(1) of the Planning Act, R.S.O. 1990, C.P13, provides that By-
laws may be passed by the Council of a Municipality to prescribe a tariff of fees for the
processing of applications made in respect of planning matters;
WHEREAS Section 391(1) of the Municipal Act provides for municipalities to impose
fees or charges for services or activities provided or done by or on behalf of it;
Now therefore the Council of the Municipality of Clarington enacts as follows:
1.Commencing January 1, 2023, the fees for services provided by the Municipality
under By-law 2010-142 shall be amended by the following Schedules to this By-
law:
Schedule “A” – Planning Services and Legal Services Department
Passed in open session this ____ day of _______, 2022
____________________________
Adrian Foster, Mayor
____________________________
June Gallagher, Municipal Clerk
Page 42
By-law 2010-142
Schedule “A”
Planning Services/Legal Services Departments
Fee Schedule January 1, 2023 to June 30, 2023
Type of Application Fee
(Credit Cards are Not Accepted)
Official Plan Amendment (note 7)
Minor Application $16,900.00
Major Application (note 1) $24,760.00
Aggregate Pit or Quarry $37,380.00
Regional Official Plan Amendment Review $3,040.00
Neighbourhood Design Plan Amendment $5,640.00
Zoning By-law Amendment (note 7)
Minor $8,490.00
Major (note 3) $12,730.00
Removal of (H) Holding Symbol $2,940.00
Extension of a temporary use $2,490.00
Combined Official Plan and Zoning By-law Amendments (note 11)
Minor $23,265.00
Major $31,125.00
Draft Plan of Subdivision (note 7)
Residential $18,020 + $300/unit and $500/block
Non-Residential $7,460.00
Preparation of Subdivision Agreement (note 5) ($4,510 + $586.30 HST) $5,096.30
Preparation of Subdivision Agreement
Amendment (note 5) ($1,130 + $146.90 HST) $1,276.90
Recirculation Fee 50% of the base fee
Red Line Revisions to Draft Approval Plan of Subdivision (note 7)
All Revisions $9,960 + $300 additional/unit and
$500/block
Major Revisions to Subdivision Applications Not Draft Approved (note 7)
Where original application was filed prior to July
1, 2000 $15,750 + $300/unit and $500/block
Where original application was filed between
July 1, 2000 to Dec. 31, 2006 $7,890 + $300 /unit and $500/block
Where original application was filed after
December 31, 2006 $7,890.00
Subdivision Clearance $2,870.00
Extension of Draft Plan Approval $2,870.00
Draft Plan of Condominium (note 7)
Residential and Non-Residential $8,210.00
Application for Condominium Conversions $9,960.00
Preparation of Condominium Agreement (note 5) ($4,120 + $535.60 HST) $4,655.60
Preparation of Condominium Agreement
Amendment (note 5) ($835.00 + $108.55 HST) $943.55
Condominium Clearance $2,270.00
Part Lot Control (note 7) ($1,130 + $60/unit)
Site Plan Approval / Amendment (note 7)
Telecommunications Towers $9,010.00
Residential Use
$6,770 + $225/unit for the first 100 units
and $150 for each unit after the first
100 units
Commercial Use
$5,640 + $1.50/m2 commercial gross
floor area
Mixed Use Building (note 12)
$5,080 + $0.60/m2 commercial gross
floor area + $60/residential unit
(maximum $20,000)
Industrial / Other Uses $3,390 + $0.25/m2 gross floor area
(maximum $10,000)
Amendment - Residential Use $1,130 + $50/unit (maximum $6,000)
Page 43
Type of Application Fee
(Credit Cards are Not Accepted)
Amendment - Commercial Use $2,040 + $1.50/m2 commercial gross
floor area (maximum $16,000)
Amendment - Mixed Use (note 12) $2,400 + $0.60/m2 commercial gross
floor area + $60/residential unit
(maximum $16,000)
Amendment - Industrial / Other Use $920 + $0.20/m2 gross floor area
(maximum $6,400)
Minor Site Plan / Oak Ridges Moraine (note 2) $730.00
Sales Trailer / Model Home $2,270.00
Preparation of Section 41 Agreement (note 5) ($680.00 + $88.40 HST) $768.40
Preparation of Section 41 Agreement
Amendment (note 5) ($680.00 + $88.40 HST) $768.40
Landscape Inspection Fee for projects with greater than 2500 sq.
m. of floor area, or 25 units or greater
(0.5% of the landscape cost estimate
with a minimum of $1,000)
Recirculation Fee 50% of the base fee
Extension of Site Plan Approval 50% of the original application fee
Committee of Adjustment – Minor Variance (note 4 and 7)
Accessory Buildings and Structures $650.00
Residential Minor (single, semi-detached,
townhouse or proposed lot) $840.00
Residential Major (all other residential) $1,360.00
Commercial $1,940.00
Other non-residential $840.00
Tabling and Recirculation Fee (applicant initiated) $290.00
Sign Permit
Permanent $230.00
Temporary $125.00
Sign By-law
Variance $790.00
Amendment $1,980.00
Additional Dwelling Unit
Application and Registration $240.00
Registration for Applications submitted prior to
January 1, 2015 $110.00
Rental Protection Act $1,460.00
Land Use Information and Compliance Letter
Zoning, Building, and all other property
information $190.00
Subdivision and Site Plan (per agreement) $190.00
Land Division
Review Fee $730.00
Preparation of Section 53 Agreement (note 5) ($680.00 + $88.40 HST) $768.40
Peer Review
(Applicant responsible for 100% Municipality's
full costs of undertaking a Peer Review)
Comments on Applications Under the Green Energy Act
microFIT applications (10 kW or less) $190.00
FIT applications up to 10 MW (solar energy) $530.00
FIT applications up to 10 MW (other than solar) $6,880.00
Other
Pre-consultation
Stage 1 – Conceptual Proposal Review $1000.00
Stage 2 – Technical Proposal Review $5000.00
Minor Pre-consultation (note 14) $300.00
Street Name Change Request $1360 + $50 per municipal address
Activation of a dormant application not requiring a
Public Meeting
25% of the initial application fee or
$1,550 whichever is greater.
Page 44
Type of Application Fee
(Credit Cards are Not Accepted)
Application Requiring An Open House or
Additional Public Meeting
$1,990.00 (additional fee for each
subsequent public meeting))
Application Requiring Additional Public Meeting $2,270.00 (additional fee for each
subsequent public meeting where
notice is provided through the local
newspaper)
Application Involving Review Under EPA and/or
EAA Process (additional fee) $16,340.00
Ontario Municipal Board or Land Planning Appeals Tribunal Related Administration Fee
(note 8)
Preparation of Development / Servicing Agreement (note 5 and note 9)
Folding of drawings accompanying a
submission (fee per sheet) ($5.00 + $0.65 HST) $5.65
Notarial Fee By Municipal Solicitor ($25.00 + $3.25 HST) $28.25
Commissioners Fee By Municipal Staff ($25.00 + $3.25 HST) $28.25
Publications
Small Maps ($5.00 + $0.65 HST) $5.65
Large Maps ($15.00 + $1.95 HST) $16.95
Aerial Photography (colour) ($5.00 + $0.65 HST) $5.65
Official Plan Colour Map ($5.00 + $0.65 HST) $5.65
Clarington Official Plan ($75.00 + $9.75 HST) $84.75
Clarington Zoning By-law ($75.00 + $9.75 HST) $84.75
Clarington Street Name Index CD Format ($16.00 + $2.08 HST) $18.08
Studies: Under 40 pages ($13.00 + $1.69 HST) $14.69
40 - 100 pages ($26.00 + $3.38 HST) $29.38
100 - 200 pages ($43.00 + $5.59 HST) $48.59
over 200 pages ($60.00 + $7.80 HST) $67.80
CD ($15.00 + $1.95 HST) $16.95
Real Property Transactions
For the preparation of any agreements relating to real property transactions not otherwise
specifically addressed in this Fee Schedule; land transfers (e.g. right-of-ways,
encroachments, leases and licensed, easements) the person requiring the agreement shall
be required to pay fees and disbursements in accordance with notes 5 and 9 below.
Note 1
The following are criteria for determining what constitutes a Major Official Plan
Amendment application:
-New golf courses or expansion to existing golf courses;
-New waste facility or expansion to existing waste facility;
-Commercial Development greater than 2,500 m2;
-Deletion or addition of arterial or collector road; and/or
-Any application that due to the broader policy implications for the Municipality would
require the need to review or manage studies, or any application deemed to be a major
by the Director of Planning Services.
Note 2
The following are criteria for determining what constitutes a Minor Site Plan application:
-A residential or agricultural site plan in the Oak Ridges Moraine as required by the
Official Plan and Zoning By-law 2005-109;
-A dog kennel and similarly-scaled uses; and/or
-A minor alteration to an existing site plan to revise parking, add a patio, add a storage
building, revise signage, add or delete portables, etc.
Note 3
The following are criteria for determining what constitutes a major Zoning By-law
Amendment application:
-Associated with an Official Plan Amendment;
-Associated with an application for proposed Plan of Subdivision;
-Application involving multiple properties, except for commercial and industrial related
applications; and/or
Page 45
-Any application that requires the review of technical support documents or studies
(e.g. environmental analyses, transportation).
Note 4
Minor Variance applications for the construction or placement of an accessibility device
to provide access to a single-detached/link or townhouse dwelling is exempt from the
fee. An “accessibility device” is defined as a device including a ramp that aids persons
with physical disabilities in gaining access to a dwelling unit.
Note 5
Agreement preparation fee does not include the cost of registering the agreement and
all related documents (e.g. Transfers, Postponements, or inhibiting orders) in the Land
Registry office. The cost of such registrations is as follows:
-Initial registration $250.00 plus HST, plus disbursements
-All subsequent registrations $125.00 plus HST, plus disbursements. Applicants must
provide the Municipality (Legal Services) with all such costs prior to registration.
Note 6
The following are criteria for determining what constitutes a minor application for red-
line revisions to Draft Approval:
-Does not require circulation to outside agencies.
Note 7
Fees for all Planning applications submitted by a registered charitable organization or
for a registered non-profit housing organization will be reduced by 50%.
Note 8
In addition to the fees set out for Planning Act Applications, the total fees payable shall
include all fees associated with supporting an applicant at any hearing where the
application was approved by Municipal Council including legal fees at a rate of
$180/hour and consultant/witness fees where required, but excluding the costs of the
Planning Department staff.
Note 9
For preparation of any development/servicing agreement other than a subdivision
agreement, Section 41 agreement or a Section 53 agreement, the applicant is required
to reimburse the Municipality for its legal costs. If the legal work is undertaken by the
Municipal Solicitor, it will be charged at the rate of $180/hour. If the legal work is
undertaken by other legal counsel, it will be charged at the legal counsel’s hourly rate.
The minimum fee for any such agreement shall be $475.00 plus HST.
Note 10
This Schedule “A” shall remain in effect from July 1, 2022 until June 30, 2023. In the
event that a fees review is not undertaken before that date fees will be increased
annually by 3%, commencing on July 1, 2024.
Note 11
Where Official Plan and Zoning By-law Amendments are submitted together a reduction
of 50% of the Major Zoning By-law Amendment Fee shall apply.
Note 12
The fee for a Mixed-Use Building will apply when residential units are proposed and a
minimum of 50% of the ground floor of a building is for non-residential purposes.
Note 13
Recirculation fees will be required on the 4th resubmission of application materials that
require circulation to internal departments and/or external agencies.
Note 14
The following are criteria for determining what constitutes a Minor Pre-consultation:
-Applications associated with a single detached dwelling; and/or
-Applications associated with an agricultural use.
Page 46
Recommendation Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: Planning and Development Committee
Date of Meeting: December 5, 2022 Report Number: PDS-052-22
Submitted By: Carlos Salazar, Director of Planning and Infrastructure Services
Reviewed By: Mary-Anne Dempster, CAO Resolution#:
File Number: ROPA2021-007, COPA2021-0004 & ZBA2021-0012 By-law Number:
Report Subject: Official Plan and Zoning By-law Amendment applications to facilitate the
severance of a farm rendered surplus as a result of the consolidation of
non-abutting farm parcels
Recommendations:
1. That Report PDS-052-22 and any related delegations or communication items, be
received.
2. That the Municipality of Clarington has no objections to the approval of ROPA2021 -
007.
3. That the Amendment contained in Attachment 1 of Report PDS -052-22 be adopted
once the Region of Durham approves ROPA2021-007 and the Regional Official Plan
amendment is final and binding;
4. That the By-law to amend Zoning By-law 84-63 attached to Report PDS-052-22, as
Attachment 2 be approved once the Region of Durham approves ROPA2021-007
and the Regional Official Plan amendment is final and binding;
5. That the Region of Durham Planning and Economic Development Department and
the Municipal Property Assessment Corporation be forwarded a copy of Report
PDS-052-22 and Council’s decision; and
6. That all interested parties listed in Report PDS-052-22 and any delegations be
advised of Council’s decision.
Page 47
Municipality of Clarington Page 2
Report PDS-052-22
Report Overview
Chiel Vissers has submitted applications for a Region of Durham Official Plan Amendment, a
Clarington Official Plan Amendment and Zoning By-law Amendment to facilitate the
severance of a surplus farm dwelling as a result of a non-abutting farm consolidation at 4382
Green Road in Hampton.
The Region of Durham Official Plan Amendment would permit a severance of a surplus farm
dwelling as a result of the consolidation of non-abutting farm parcels; and permissions for
the farm parcel to be provided with frontage on an open road by way of a future access
easement from the surplus farm dwelling parcel.
The Clarington Official Plan Amendment would permit a farm parcel less than 40 hectares.
The Zoning By-law Amendment would prohibit future severances and residential
development on the retained parcel. An easement is required for access to the larger
retained farm parcel
1. Application Details
1.1 Applicant: Chiel Vissers
1.2 Agent: Clark Consulting Services
1.3 Proposal: General
To facilitate the severance of a surplus farm dwelling at 4382
Green Road in Hampton. The retained farm parcel would
consolidate with non-abutting farmlands owned by Vissers
Sod Farms Ltd.
Official Plan Amendment
To permit a farm parcel less than 40 hectares and a
residential parcel larger than 0.6 hectares. The retained
farm parcel would be 36.5 hectares and the severed
residential farm parcel would be 0.608 hectares.
Zoning By-law Amendment
To prohibit future severances and residential development
on the retained farm parcel.
1.4 Area: 37.108 ha
1.5 Location: 4382 Green Road, Hampton (see Figure 1)
1.6 Within the Built Boundary: No
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Municipality of Clarington Page 3
Report PDS-052-22
Figure 1: 4382 Green Road, proposed severed and retained parcels
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Municipality of Clarington Page 4
Report PDS-052-22
2. Background
2.1 On January 17, 2020, a Pre-consultation meeting (PC2019-0043) was held for the
proposed severance of a farm dwelling rendered surplus at 4382 Green Road with Chiel
and Tony Vissers, of Vissers Sod Farms Ltd.
2.2 On July 5, 2021, Chiel Vissers submitted applications for an Official Plan Amendment
and Zoning By-law Amendment to facilitate the severance of a surplus farm dwelling. An
application for the associated Regional Official Plan Amendment (ROPA2021 -007) has
been submitted to the Region of Durham.
2.3 A Public Meeting on the Regional Official Plan Amendment was held on September 7,
2021 at the Region of Durham.
2.4 A Public Meeting on the Official Plan Amendment and Zoning By-law Amendment was
held on September 13, 2021 at the Joint Committee meeting. No members of the public
made submissions at either Public Meeting.
2.5 Should these applications be approved, a future Land Division would be required to
sever the surplus farm dwelling. As the severed agricultural parcel fronts onto an
unopened portion of Maple Grove Road, the applicant is also proposing a 5-metre
easement on the residential parcel to access the larger retained parcel . An easement
would be required as part of the Land Division application.
2.6 The Clarington Official Plan requires the retained farm parcel to maintain a minimum of
40 hectares (98.3 acres) and the severed residential parcel a maximum of 0.6 hectares
(1.48 acres). An Official Plan Amendment was submitted to permit the retained farm
parcel with an area of 36.5 hectares (90.19 acres) and the severed residential parcel
with an area of 0.608 hectares (1.50 acres).
2.7 A Zoning By-law Amendment is required to prohibit future severances and residential
development on the retained farm parcel.
2.8 The applicant has submitted the following reports in support of the applications:
Planning Justification Report prepared by Clark Consulting; an d
Site Screening Questionnaire (SSQ) prepared by GHD
3. Land Use Characteristics and Surrounding Uses
3.1 The subject lands are 37.108 hectares in size with an existing detached dwelling on the
northeast side of the property, fronting Green Road. The site is a sod farm and to the
south of the property is a woodlot. There are no other structures on the property. To the
west of the property is an unopened portion of Maple Grove Road. The residential
dwelling and agricultural lands are accessed by Green Road. The unopened portion of
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Municipality of Clarington Page 5
Report PDS-052-22
Maple Grove Road is also utilized to access the agricultural lands. The southernmost
portion of the property is regulated by the Conse rvation Authority, CLOCA.
3.2 The surrounding land uses areas follows:
North Agricultural lands
South Agricultural lands and woodlot
East Rural residential and agricultural lands
West Agricultural lands
4. Provincial Policy
Provincial Policy Statement
4.1 The Provincial Policy Statement (PPS) protects prime agricultural areas for long-term
agricultural uses. The PPS permits lot creation in prime agricultural areas for the
severance of a surplus farm dwelling as a result of farm consolidation subject to the
criteria outlined in Policy 2.3.4.1(c).
Greenbelt Plan
4.2 The policies of the Greenbelt Plan are intended to protect prime agricultural areas for
long-term agricultural uses. Within the Protected Countryside designation of the
Greenbelt Plan, lot creation is permitted for the severance of a surplus farm dwelling.
The lot area for a surplus farm dwelling is to be limited in size and no new residential
dwellings are permitted to be constructed on the retained parcel of farmland.
4.3 The subject property is within the Natural Heritage System of the Greenbelt Plan. As the
severance is not for any proposed new development, the application is considered to
have minimal impacts on the connectivity and key features of Natural Heritage System.
This application conforms.
5. Official Plans
Durham Region Official Plan
5.1 The Durham Region Official Plan designates the subject property as “Major Open
Space Areas” within “Key Natural Heritage System Lands”. Within this area, the
severance of a farm dwelling rendered surplus as a result of a non-abutting farm
consolidation is permitted by amendment to the Regional Official Plan.
5.2 The applicant has applied for a Regional Official Plan Amendment (ROPA2021-007).
The Region of Durham’s Planning and Economic Development Committee held a Public
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Municipality of Clarington Page 6
Report PDS-052-22
Meeting on September 7, 2021. The Region of Durham has not approved the
application to date.
Clarington Official Plan
5.3 The Clarington Official Plan designates the lands to be severe d “Rural” and the retained
lands “Rural” and “Environmental Protection”. The severance of a farm dwelling
rendered surplus as a result of the consolidation of non-abutting farms is permitted
provided that the farm is a minimum of 40 hectares, the land area of the parcel on which
the surplus dwelling would be located is a maximum of 0.6 hectares and that the farm
parcel is rezoned to prohibit the establishment of any new residential uses.
Official Plan Requirement Proposed Amendment
Retained Lot Area (Farm) 40 hectares (98.83 acres) 36.5 hectares (90.19 acres)
Severed Lot Area
(Residential)
0.6 hectares (1.48 acres) 0.608 hectares (1.50 acres)
Table 1: Official Plan Requirements compared with the Proposed Amendment
6. Zoning By-law
6.1 Zoning By-law 84-63 zones the subject property as Agricultural Exception (A-1) and
Environmental Protection (EP). The proposed Zoning By-law Amendment would prohibit
future residential development on the retained, larger farm parcel.
7. Summary of Background Studies
7.1 A Planning Justification Report prepared by Clark Consulting was submitted in support
of the applications. The Report concludes that the applications to sever a surplus farm
dwelling meet the objectives and requirements of the Provincial Policy Statement,
Region of Durham Official Plan policies and the intent of the Clarington Official Plan
policies.
7.2 A Site Screening Questionnaire was submitted by GHD. The Report concludes that the
present land use has a low level of concern from an environmental assessment
perspective and is suitable for the proposed severance. No further environmental
assessment was recommended.
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Municipality of Clarington Page 7
Report PDS-052-22
8. Public Notice
8.1 Public notice was mailed to each landowner within 300 metres of the subject lands on
August 20, 2021.
8.2 Public notice signage was installed on the Green Road frontage by August 24, 2021.
9. Agency Comments
Durham Region
9.1 Durham Region Planning notes that the proposal is also the subject of an application to
amend the Durham Region Official Plan. A decision has not been made on the Regional
Official Plan Amendment. A Public Meeting was held on September 7, 2021. No one
spoke in opposition to the applications.
Central Lake Ontario Conservation Authority (CLOCA)
9.2 The Central Lake Ontario Conservation Authority (CLOCA) has no objection to the
applications.
10. Departmental Comments
10.1 The applications were circulated to Development Engineering and the Building Division
of the Planning and Infrastructure Services department . Neither has concerns with the
applications.
11. Discussion
11.1 The Provincial Policy Statement (PPS) encourages the long-term viability of agricultural
areas and limits opportunities to create new parcels in rural and agricultural areas. The
PPS encourages farm consolidations and recognizes that farmers may not be interested
in acting as landlords when acquiring additional farmland.
11.2 The Durham Region and Clarington Official Plans allow farm consolidation where
possible to ensure the long-term viability of agricultural operations. The Regional and
Clarington Official Plans set out regulations for the severance of a surplus farm dwelling
as a result of farm consolidation. When a surplus farm dwelling is severed, no new
residential dwellings are permitted on the retained agricultural parcel. The policies
ensure that the retained lands have a size that is viable for a farm operation.
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Municipality of Clarington Page 8
Report PDS-052-22
11.3 To implement the policies, the retained farm parcel must be rezoned to prohibit future
residential development. The application for a Zoning By-law Amendment would prohibit
future residential development on the larger retained farm parcel.
11.4 Amendments to the Clarington Official Plan and Zoning By-law cannot be formally
approved by Council until the Region of Durham approves the Regional Official Plan
Amendment (ROPA2021-007). Since Clarington offers no objection to the Regional
Official Plan Amendment, it is recommended that the Official Plan Amendment
contained in Attachment 1 and the Zoning By-law Amendment contained in Attachment
2 be approved by Council once the Region of Durham has adopted the Regional Official
Plan Amendment (ROPA2021-007) and it is final and binding.
12. Financial Considerations
12.1 There are no significant financial considerations from this land severance.
13. Concurrence
This report has been reviewed by the Deputy CAO/Treasurer who concurs with the
recommendations.
14. Conclusion
It is respectfully recommended that Council advise the Region of Durham that the
Municipality of Clarington has no objection to the approval of ROPA2021 -007. Once the
Regional Official Plan Amendment (ROPA2021-007) is final and binding, it is
recommended that Council adopt the amendment to the Clarington Official Plan (see
Attachment 1) and approve the amendment to Zoning By-law 84-63 (see Attachment 2).
Staff Contact: Tracey Webster, Principal Planner, 905-623-3379 ext. 2415 or
twebster@clarington.net.
Attachments:
Attachment 1 – Official Plan Amendment
Attachment 2 – Zoning By-law Amendment
Interested Parties:
List of Interested Parties available from Department.
Page 54
Attachment 1 to
Report PDS-052-22
Amendment Number #
To The Municipality of Clarington Official Plan
Purpose: To permit the severance of a non-abutting surplus farm dwelling of
0.608 hectares with a retained farm parcel of 36.5 hectares. The
Official Plan Amendment will permit the severed parcel to be
greater than 0.60 hectares and the retained parcel to be less than
40 hectares.
Basis: This amendment is based on an application submitted by Chiel
Vissers to permit the severance of a surplus farm dwelling as a
result of the consolidation of non-abutting farm parcels. This
application was supported by a Planning Justification Report and
has been reviewed by public agencies and municipal staff.
Consideration has also been given to Provincial Policy and the
current Durham Regional Official Plan.
Actual
Amendment: The Clarington Official Plan is hereby amended as follows:
1. In Section 23.19.4. iii), Table 23-1 “Surplus Farm Dwelling
Lot Exceptions” by adding the following exception:
Table 23-1
Surplus Farm Dwelling Lot Exceptions
Exception
No.
Assessment No. Legal Description Area of
Surplus
Dwelling
Lot (ha)
Area of
Remainder
of Land
(ha)
“11
010-080-19900
(2022)
Part Lots 17 & 18,
Conc. 4
former Twp. of
Darlington
0.608 36.5”
Implementation: The provisions set forth in the Municipality of Clarington Official
Plan, regarding the implementation of the Plan, shall apply in
regard to this Amendment.
Interpretation: The provisions set forth in the Municipality of Clarington Official
Plan, regarding the interpretation of the Plan, shall apply in regard
to this Amendment.
Page 55
Attachment 2 to
Report PDS-052-22
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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 ZBA2022-0012;
Now therefore the Council of the Municipality of Clarington enacts as follows:
1. Schedule ‘1’ to By-law 84-63, as amended, is hereby further amended by changing
the zone designation from "Agricultural Exception (A-1) Zone" to "Agricultural
Exception (A-81) Zone” as illustrated on the attached Schedule ‘A’ hereto.
2. Schedule ‘A’ attached hereto shall form part of this By-law.
3. This By-law shall come into effect on the date of the passing hereof, subject to the
provisions of Sections 24.2 and 34 of the Planning Act.
Passed in Open Council this _____ day of ____________, 20___
__________________________
Adrian Foster, Mayor
__________________________
June Gallagher, Municipal Clerk
Page 56
Page 57
Staff Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: Planning and Development Committee
Date of Meeting: December 5, 2022 Report Number: PDS-053-22
Submitted By: Carlos Salazar, Director of Planning and Infrastructure Services
Reviewed By: Mary-Anne Dempster, CAO Resolution#:
File Number: ZBA2019-0013
Cross Reference: ROPA2019-006 By-law Number:
Report Subject: Zoning By-law Amendments to By-law 84-63 and By-law 2005-109 to
facilitate the severance of a dwelling rendered surplus as result of the
consolidation of non-abutting farm parcels.
Recommendations:
1. That Report PSD-053-22 be received and any related delegations or communication
items, be received;
2. That the application to amend Zoning By-laws 84-63 and 2005-109 as Attachment 1
to Report PSD-053-22 be approved; and
3. That the Region of Durham Planning and Economic Development Department and
the Municipal Property Assessment Corporation be forwarded a copy of Report
PSD-053-22
4. That all interested parties listed in Report PSD-053-22, and any delegations be
advised of Council’s decision.
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Municipality of Clarington Page 2
Report PDS-053-22
Report Overview
Clark Consulting Services on behalf of Werrcroft Farms has submitted an application to
amend Zoning By-law 84-63 and Zoning By-law 2005-109 to facilitate the severance of a
dwelling rendered surplus as a result of a non-abutting farm consolidation.
The land to be retained is a 76.8-hectare parcel at 6115 and 6171 Vannest Road and is
currently zoned by both Zoning By-law 84-63 and Zoning By-law 2005-109. The application
proposes zoning by-law amendments to both Zoning By-laws to prohibit further residential
development on the retained parcel.
1.Application Details
1.1 Owner/Applicant: Werrcroft Farms
1.2 Agent: Hugh Stewart – Clark Consulting Services
1.3 Proposal: To rezone the retained farm parcel to prohibit future residential
development
1.4 Area: 76.8 hectares
1.5 Location: 6115 & 6171 Vannest Road, Part Lot 28, Concession 6, Former
Township of Darlington (see Figure 1)
1.6 Within Built Boundary: No
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Figure 1 – 6115 and 6171 Vannest Road, proposed severed and retained lands.
2. Background
2.1 One August 14th, 2019, Clark Consulting Services submitted an application on behalf of
Werrcroft Farms for amendments to both Zoning By-law 84-63 and Zoning By-law 2005-
109 to facilitate the severance of a farm dwelling rendered surplus due to the consolidation
of non-abutting farm parcels. The land to be retained is a 76.8 -hectare parcel at 6115 &
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6171 Vannest Road and is currently zoned by both zoning by-laws. These amendments
would prohibit the establishment of new residential uses on the retained lands.
3. Land Characteristics and Surrounding Uses
3.1 The parcel to be severed is approximately 0.43 hectares addressed 1787 Concession
Road 7, and has a single detached dwelling, a detached garage, and a shed. The parcel to
be retained is approximately 76.8 hectares and is addressed 6115 & 6171 Vannest Road.
The farm is an active dairy farm that also grows soybeans and corn.
3.2 The surrounding uses in all directions are agricultural and rural residential.
4. Provincial Policy
Provincial Policy Statement
4.1 The Provincial Policy Statement (PPS) protects prime agricultural areas for long-term
agricultural uses. The PPS also permits lot creation for the severance of surplus farm
dwellings that result from farm consolidation, provided that new residential dwellings are
prohibited on any vacant remnant parcel of farmland created by the severance.
4.2 The proposal is consistent with the Provincial Policy Statement.
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Greenbelt Plan
4.3 The policies of the Greenbelt Plan are intended to protect prime agricultural areas for long-
term agricultural uses. Within the Protected Countryside designation of the Greenbelt Pla n,
lot creation is permitted for the severance of a surplus farm dwelling. The lot area for a
surplus farm dwelling is to be limited in size and no new residential dwellings are permitted
to be constructed on the retained parcel of farmland.
4.4 The subject property is within the Natural Heritage System of the Greenbelt Plan. As the
severance is not for any proposed new development. The application is considered to
have minimal impact on the connectivity and key feature of the Natural Heritage System.
4.5 The proposal is consistent with the Greenbelt Plan.
5. Official Plans
Durham Region Official Plan
5.3 The Durham Region Official Plan designates the property “Prime Agricultural Areas.”
Section 9A.2.10 grants the severance of a farm dwelling rendered surplus as a result of a
non-abutting farm consolidation by amendment to the Regional Official Plan. The ap plicant
applied and received approval for a Regional Official Plan Amendment. Amendment #188
was approved by Regional Council on June 7, 2022.
5.2 The Clarington Official Plan designates the land to be severed “Prime Agricultural.” The
retained lands are designated “Prime Agricultural” and “Environmental Protection.” The
severance of a dwelling rendered surplus as a result of the consolidation of non-abutting
farms is permitted without amendment to the Clarington Official Plan, since the retained
portion exceeds 40 hectares.
5.3 The proposal is consistent with the Clarington Official Plan.
6. Zoning By-law
6.1 The property is bisected between two different Zoning By-laws: Zoning By-law 84-63,
which provides zoning provisions for the lands outside of the Oak Ridges Moraine and By-
law 2005-109 which provides zoning provisions for the lands inside the Oak Ridges
Moraine.
6.2 The retained parcel is zoned by both Zoning By-law 84-63 and Zoning By-law 2005-109.
The severed parcel is entirely within Zoning By-law 2005-109. Both Zoning By-laws require
an amendment to prohibit future residential development. See Figure 2.
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7. Summary of Background Studies
Planning Justification Report
7.1 A report prepared by Clark Consulting was submitted in support of the application. The
report concludes that the applications to support the surplus farm dwelling seve rance
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meets the objectives and requirements of the Provincial Policy, Region of Durham Official
Plan policies and Clarington Official Plan policies.
7.2 The report also concludes the proposal meets the policies of the Minimum Distance
Separation formulae
Phase One Environmental Site Assessment Report
7.3 A Phase One Environmental Site Assessment Report was prepared by GHD Limited. It
finds that the lands to be severed have a low risk of environmental concern and no further
environmental evaluation is warranted.
8. Public Notice and Submissions
8.1 Public notice was mailed to each landowner within 300 metres of the subject lands on
September 19, 2019. A revised notice was mailed on October 1, 2019, to advise that the
date of the meeting was changed to October 22, 2019.
8.2 On September 27, 2019, public meeting signs were installed on the property, fronting onto
Concession Road 6, Concession Road 7, and Vannest Road. On October 3, 2019, these
signs were updated to reflect the change from October 21, 2019 to October 22, 2019. At
the time of writing this report no inquiries have been received.
9. Agency Comments
9.1 The application was circulated to the Durham Regional Planning and the Durham Health
Department. Neither department has concerns with the application. The Central Lake
Ontario Conservation Authority (CLOCA) was also circulated, but for informational
purposes only.
10. Departmental Comments
10.1 The application was circulated to Development Engineering and the Clarington Operations
Department. Neither has concerns with the application.
11. Discussion
11.1 The Provincial Policy Statement (PPS) encourages the long-term viability of agricultural
areas and limits opportunities to create new parcels in rural and agricultural areas. The
PPS encourages farm consolidations and recognizes that farmers may not want to act as
landlords when acquiring additional lands. The PPS permits severances of dwelling lots
rendered surplus as the result of farm consolidation. When a surplus farm dwelling is
severed the PPS requires that no new residential dwellings are permitted on the retained
lands.
11.2 The Durham Region and Clarington Official Plans allow farm consolidation where possible
to ensure the long-term viability of agricultural operations. The Regional and Clarington
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Official Plans set out regulations for the severance of a surplus farm dwelling as a result of
farm consolidation When a surplus farm dwelling is severed, no new residential dwellings
are permitted on the retained agricultural parcel. The policies ensure that the retained
lands have a size that is viable for a farm operation.
11.3 To implement the policies, the retained farm parcel must be rezoned to prohibit future
residential development. Zoning by-law amendments to both Zoning By-law 84-63 and
2005-109 would prohibit future residential development on the larger retained parcel.
11.4 The applicant submitted a Regional Official Plan Amendment (ROPA-2019-006) to allow
for the severance of a surplus dwelling as a result of a non-abutting farm consolidation.
Amendment # 188 to the Regional Official Plan is approved and is final and binding. The
applicant has made an application to the Land Division Committee of the Region of
Durham to sever the surplus dwelling at 1785 Concession Road 7.
12. Financial Considerations
12.1 There are no significant financial considerations resulting from this report.
13. Concurrence
13.1 This report has been reviewed by the Deputy CAO/Treasurer who concur s with the
recommendations.
14. Conclusion
14.1 It is respectfully recommended that Council approve amendments to Zoning By-law 84-63
and By-law 2005-109 to prohibit future residential development on the larger retained
parcel located at 6115 and 6171 Vannest Road, Darlington.
Staff Contact; Toni Rubino Senior Planner, 905-623-3379 ext. 2431 or trubino@clarington.net.
Attachments:
Attachment 1 - Zoning By-law Amendments
The following interested parties will be notified of Council's decision:
Werrcroft Farms Ltd.
Bob Clark, Clarke Consulting Services
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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-laws 84-63 and 2005-109
Whereas the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63 and By-law 2005-109, as amended, of the Corporation
of the Municipality of Clarington for ZBA2019-0013;
Now therefore the Council of the Municipality of Clarington enacts as follows:
1. Schedule “A’ to By-law 84-63, as amended is hereby further amended by
changing the zone from “Agricultural (A)” to “Agricultural Exception (A-81)” Zone.
2. Schedule “E3” to By-law 2005-109, as amended is hereby further amended by
changing the zone from “Agricultural (A)” to “Agricultural Exception (A -1)” Zone
3. Schedule ‘A’ attached hereto shall form part of this By-law.
4. This By-law shall come into effect on the date of the passing hereof, subject to
the provisions of 34 of the Planning Act.
By-Law passed in open session this _____ day of ____________, 2022.
__________________________
Adrian Foster, Mayor
__________________________
June Gallagher, Municipal Clerk
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Staff Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: Planning and Development Committee
Date of Meeting: December 5, 2022 Report Number: PDS-054-22
Submitted By: Carlos Salazar, Director of Planning and Infrastructure Services
Reviewed By: Mary-Anne Dempster, CAO Resolution#:
File Number: PLN 1.1.28 By-law Number:
Report Subject: More Homes Built Faster Act, 2022 (Bill 23); Comments
Recommendations:
1. That Report PSD-054-22 be received;
2. That Report PSD-054-22 be adopted as the Municipality of Clarington’s comments
to the Province on the proposed changes introduced under the More Homes Built
Faster Act, 2022 (Bill 23);
3. That Provincial intervention in the form of settlement area boundary expansions,
Minister’s Zoning Orders and changes to the Greenbelt is not required, nor is it
supported because Clarington has sufficient housing capacity in the form of
approved and planned residential units to accommodate the Province’s assigned
Housing Target of 13,000 homes by 2031;
4. That Staff be directed to assess and include the resources necessary (staffing,
consulting) to address the implications resulting from Bill 23 as part of the 2023
Budget;
5. That a copy of Report PSD-054-22 and Council’s decision be sent to the Ministry of
Municipal Affairs and Housing, the Region of Durham, conservation authority
partners, and the other Durham Region area municipalities; and
6. That all interested parties listed in Report PSD-054-22 and any delegations be
advised of Council’s decision.
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Report Overview
On October 25, 2022, the Ontario Government introduced legislation under the More
Homes, Built Faster Act (Bill 23). If passed, the legislation would result in drastic changes to
the municipal land use approval process. According to the Province, the purpose of Bill 23 is
to build housing faster and bring costs down. These legislative changes would impact
Clarington’s powers under the Planning Act, the Ontario Heritage Act, and the Development
Charges Act, and our working relationship with our Regional and Conservation Authority
partners.
In addition, the Minister of Municipal Affairs and Housing has written to inform Council of the
expectation that Clarington will take the necessary steps to facilitate the construction of
13,000 new dwelling units by 2031. The Municipality is expected to sign a pledge to commit
to this target, and to deliver the pledge to the Minister no later than March 1, 2023.
The initial deadline for comments to the Province on Bill 23 was November 24, 2022. Staff
submitted draft Municipal comments on November 24, subject to Council
ratification/modification. Bill 23 received Royal Assent on November 28, notwithstanding the
Province had extended the commenting period to December 9, 2022.
The report was prepared in advance of the enactment of Bill 23, and therefore reflects the
proposed status of the Bill at the time writing.
The purpose of this report is to (i) summarize the Province’s changes under Bill 23 (ii)
present staff’s comments on the changes submitted to the Province as draft to meet the tight
commenting deadline, and (iii) bring forward recommendations to address potential
implications of the legislation for Council’s consideration.
1. Background
1.1 The province is taking swift action to implement the 55 recommendations set out in the
Ontario Housing Affordability Task Force Report, released February 8, 2022. The
recommendations set the foundation for the provincial target to build 1.5 million homes
in Ontario over the next 10 years and provide direction for the province to take action to
increase density, streamline development processes, cut red tape, improve the
efficiency of the Ontario Land Tribunal, and provide funding to support municipal
transformation.
1.2 To date, several major steps have been taken by the Province in implementing the
Ontario Housing Affordability Task Force recommendations. These include:
April 14, 2022 - enactment of Bill 109, the More Homes for Everyone Act, 2022;
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October 25, 2022 – introduction of Bill 23, the More Homes Built Faster Act,
2022;
October 25, 2022 - launch of 20 consultation postings regarding the More Homes
Built Faster Act, 2022 on the Environmental Registry and Regulatory Registry of
Ontario (ERO), including a 66-day consultation period on the Review of A Place
to Grow and Provincial Policy Statement;
November 4, 2022 – launch of a 30-day consultation on proposed changes to the
Greenbelt Plan.
1.3 The potential impacts of these initiatives would result in significant changes to Ontario’s
land use planning and approvals processes and regulatory regime and have significant
financial and resource implications for the Municipality.
1.4 Bill 23 is wide-ranging and makes changes to ten difference acts and numerous related
regulations. The purpose of this report is to (i) summarize the Province’s proposed
changes to the legislation under Bill 23 that would have the most significant impacts on
the Municipality, including the Planning Act, the Ontario Heritage Act, the Conservation
Authorities Act, and the Development Charges Act, and (ii) present staff’s comments on
the proposed changes for Council’s consideration.
1.5 The initial 30-day commenting period for submissions on Bill 23 closed on November
24, 2022. As noted above, draft municipal comments were submitted to the Province in
order meet the commenting deadline positioned immediately after Ontario’s municipal
elections.
1.6 On November 23, the Province introduced amendments to Bill 23, and extended the
commenting deadline on certain components to December 9, 2022. On November 28,
Bill 23, as amended, received Royal Assent. The updates to the original Bill 23 are
noted in the report, as applicable.
1.7 Proposed changes, staff’s comments, and recommendations to address the potential
implications of Bill 109 and proposed changes to the Greenbelt are the subject of
separate reports PDS-051-22 and PDS-059-22, respectively. The assessment of and
proposed approach for responding to the Planning Act amendments of the Supporting
People and Businesses Act, 2021 will be the subject of a separate report to Council in
the new year.
2. Summary of Proposed Changes under Bill 23
2.1 The More Homes Built Faster Act, 2022 (Bill 23) carries forward a number of
recommendations from the Ontario Housing Affordability Task Force Report, as well as
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several additional actions to enable the Province to reach its goal to build 1.5 million
homes by 2031.
2.2 The following sections summarize the amendments under Bill 23 to the Planning Act,
the Ontario Heritage Act, the Conservation Authorities Act, and the Development
Charges Act that have potential impacts to the Municipality.
Restricting Site Plan and Urban Design Tools (Planning Act)
2.3 Removes completely the requirement for site plan approval for residential developments
under ten units (currently Clarington’s Site Plan Control By-law regulates any residential
development of three or more units).
2.4 Takes away the ability to review and influence urban design, building aesthetics, and
landscape design as part of the site plan process for all types of development (including
non-residential).
Mandatory Land Use Permissions to Enable Increased Density (Planning Act)
2.5 Overrides municipal zoning provisions to permit as-of-right, up to three residential units
on an urban residential lot. This could be three units in a detached, semi-detached, or
rowhouse, or up to two residential units in the main building and up to one residential
unit in an accessory building on the lot. There is also a new requirement that an official
plan cannot contain any policy requiring more than one parking space for each of these
residential units.
2.6 Requires municipalities to update zoning to include minimum heights and densities
within approved Major Transit Station Areas (MTSA) (in Bowmanville and Courtice).
This work would be required to be completed within one year of the MTSA being
approved by the Province.
Public Engagement and the Municipal Planning Framework (Planning Act)
2.7 Removes third party (members of the public) appeal rights to the Ontario Land Tribunal
for minor variance applications and eliminates the requirement to hold a statutory public
meeting prior to the approval of draft plan of subdivision applications.
2.8 Identifies Durham Region as an upper-tier municipality without planning responsibilities,
which would mean Durham Region would no longer have (i) the authority to create a
Regional Official Plan (ii) involvement in the review of Planning Act applications and
approvals, and (iii) appeal rights as a public body on any Planning Act applications.
2.9 Makes the Minister of Municipal Affairs and Housing the approval authority for all lower-
tier official plans and official plan amendments, and require Clarington, as the lower-tier
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municipality, to absorb components of the Durham Regional Official Plan (DROP) that
apply, with the ability to amend or repeal the DROP at the time of the next Clarington
Official Plan review.
Natural Heritage and the Role of Conservation Authorities (Planning Act and
Conservation Authorities Act)
2.10 Removes Conservation Authorities from the planning process unless the application
deals with flood prevention and natural hazards and eliminates the ability of
Conservation Authorities to regulate and comment on the effects on pollution or the
conservation of land as part of their permitting process. This includes Conservation
Authorities’ ability to provide technical expertise/services to municipalities on Planning
Act matters.
2.11 Proposes to revise the Ontario W etland Evaluation System and develop a program to
offset impacts of development on wetlands, including reducing assessment and
approvals processes, and criteria to determine and identify significant wetlan ds and their
boundaries.
2.12 Reduces alternative parkland dedication rates by half (from 1 ha per 300 dwelling units
to 1 ha per 600 dwelling units where parkland is conveyed or from 1 ha per 500 dwelling
units to 1 per 1000 dwelling units for cash-in-lieu contributions) and introduces a
maximum parkland/cash-in-lieu cap for residential development.
2.13 Freezes parkland dedication rates as of the date a zoning by-law or site plan application
is filed and maintains the freeze for up to two years following approval.
2.14 Allows landowners to identify the land they intend to provide for parkland, including
allowing for encumbered parkland/strata parks, and privately owned publicly accessible
parks, and introduces a new avenue of appeal to the Ontario Land Tribunal if there is a
disagreement about the parkland being provided.
2.15 Reduces or exempts parkland dedication requirements, development charges and
Community Benefit Charges requirements for affordable housing, attainable housing,
and housing developed through an inclusionary zoning program.
2.16 Phases implementation of development charges increases over five years, beginning
with a 20 per cent reduction in the first year, and decreasing the reduction by five per
cent year by year until the full new rate applies. This would apply to all new
Development Charges by-laws passed since January 1, 2022 (the original version of Bill
23 applied this change to by-laws passed since June 1, 2022).
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2.17 Requires municipalities to spend or allocate 60 per cent of parkland reserves annually
and spend or allocate at least 60 per cent of DC reserves annually for priority services
(water, wastewater, and roads).
Cultural Heritage Conservation (Ontario Heritage Act)
2.18 Implements higher threshold criteria to designate properties with cultural heritage value,
making it more difficult for municipalities to protect cultural heritage resources.
2.19 Requires a non-designated (listed) property on the Municipal Register under s. 27 of the
Ontario Heritage Act to be removed after two years if no notice of intent to designate
has been issued.
2.20 Further limits when a notice of intent to designate can be issued for a property that is
subject to certain Planning Act applications to only allow the notice to be issued if the
property is already listed on the Municipal Register under section 27 at the time the
planning application is submitted.
Municipal Housing Target
2.21 In addition to the changes introduced through Bill 23 outlined above, the Minister of
Municipal Affairs and Housing informed Council of the expectation that Clarington will
take the necessary steps to facilitate the construction of 13,000 new homes by 2031.
The Municipality is also expected to sign a pledge to commit to this target, and to deliver
the pledge to the Minister no later than March 1, 2023. This component is discussed in
Section 4, below.
Review of A Place to Grow Growth Plan and Provincial Policy Statement
2.22 A public consultation period has been launched advising the Province is undertaking a
housing-focused review of A Place to Grow Growth Plan and the Provincial Policy
Statement, 2020. The intent of the review would be to integrate the two documents into
a new province-wide policy document with a new approach to accelerating housing
development and increasing housing supply (including rural housing) through a
streamlined policy framework. Consultation on this matter closes on December 30,
2022.
Timing of Proposed Amendments
2.23 The timelines for the proposed changes taking effect varies, with some to come into
force upon Bill 23 receiving Royal Assent, while others would come into force by
proclamation of the Lieutenant Governor, the date of which is not yet known. There are
also several associated regulations expected to accompany the changes to Acts
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proposed under Bill 23 that have not yet been released. As such, it is challenging to
assess the full scale of potential impacts until all relevant details have been shared.
2.24 On November 23 and November 28, Bill 23 was revised to:
Maintain third party appeals for official plan and zoning by-law amendments, and
consent applications as they currently are today. Third party appeals are still
proposed to be removed for minor variance applications;
Move the five-year phase in for development charges by-law from June 1, 2022
back to January 1, 2022;
Clarify that municipalities can continue to use site plan to regulate exterior
elements that relate to green roofs, or implement by-laws passed under the
Municipal Act related to environmental standards in the Ontario Building Code;
Add that the scope of site plan control can include the appearance of elements,
works, and facilities that relate to sustainable design;
Introduce a new component to the Bill that proposes to amend the Planning Act
to remove the existing two-year freeze on applications to amend a new official
plan or zoning by-law within two years of it coming into effect (including
applications for minor variance); and
Provide that community benefits charges agreements can be entered into and
registered on title.
2.25 Comments on and concerns about the significant amendments under Bill 23 are
presented in the sections below.
3. Key Comments and Concerns on Bill 23
General Comments
3.1 Staff recognizes the need to address the housing crisis in Ontario and supports
Provincial efforts to streamline and find efficiencies in process to address housing
supply and affordability.
3.2 However, Clarington staff is concerned that the proposed changes threaten significant
adverse impacts on (i) our quality of life by reducing parkland requirements and
eliminating good building design and landscaping from site plan (ii) the protection of our
natural and built heritage (iii) and our fiscal ability to provide for parks, services, and
infrastructure by eliminating development charges for many types of residential
development.
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3.3 The changes proposed under Bill 23 may not effectively achieve the desired increase in
housing supply but will (i) remove key partnerships and areas of expertise and
assessment, and (ii) eliminate quality control checks and balances built into the planning
and development approvals process that are designed to ensure growth and
development takes place in an environmentally respectful and socially responsible way.
3.4 The proposed changes are intended to remove perceived barriers identified by the
province as impacting the ability to increase Ontario’s housing supply. However,
variables such as increasing interest rates, a slow-down of the construction market, and
rising labour costs also influence when developers pull permits to advance approved
housing units and are beyond the control of local councils. This illustrates a valuable
point about the extent to which municipalities have control over the development
process, and one that has not been acknowledged as part of the Province’s multi -part
action plan to address the housing crisis
3.5 The Province is requested to provide information on how the cost savings and approval
process efficiencies afforded to developers as a result of the proposed changes will be
passed onto consumers in the form of more affordable, better quality housing choices.
Site Plan Control and Urban Design
3.6 The Official Plan establishes a vision for Clarington as a place where buildings and
landscaping are of high quality. Staff has concerns about the removal of urban,
landscape from the scope of site plan approval, given the significant contributions of
design and landscape to neighbourhood and heritage character and the quality of our
commercial and industrial areas, in addition to making us more resilient to climate
change.
3.7 Clarington requests the Province not to remove building quality, and landscaping from
the scope of site plan. This removal will result in a deterioration of the qualify of
development in our communities. The updates to Bill 23 that clarify elements relating to
sustainable design and environmental standards are supported.
Mandatory Land Use Permissions to Major Transit Station Areas
3.8 The mandatory requirements to complete zoning for Major Transit Station Areas within
one year of approval are aggressive. Clarington has two MTSAs currently involved in
secondary planning studies. To implement these changes, Clarington will require
additional and reallocation of resources, as well as the reprioritization of current
projects.
3.9 The Province is requested to provide municipalities such as Clarington with the support
and resources necessary to implement the requirements for MTSAs.
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Conservation Authorities
3.10 The proposed changes to restrict the role of Conservation Authorities in the planning
and development review process will result in detrimental impacts to natural heritage
and hydrological features and functions. The changes threaten to compromise much of
the valuable natural heritage systems planning of the last two decades and will make
people and property more vulnerable to the increasing effects of climate change.
3.11 Clarington relies on Conservation Authority staff’s technical expertise in the review of
plans and development applications to (i) achieve optimal design (ii) minimize adverse
impacts on public safety and property, and (iii) protect vital natural heritage and
hydrological systems. The proposed changes would eliminate an established
partnership of collaboration and resources that provides valuable expertise and
efficiencies in the review of development applications and supporting tec hnical studies.
3.12 The Province is requested not to pursue the proposed amendments as presented, and
to continue to enable municipalities to work with their Conservation Authority partners
for the provision of these services. Consideration should be given to identifying the
Province as the approval authority for Memorandums of Understanding to ensure the
scope of the relationship remains efficient and effective. The Province is also requested
to provide the Municipality and the conservation authority with enough time to
streamline and reduce any duplication in the development review process.
Natural Heritage
3.13 The proposed revisions to the Ontario Wetland Evaluation System will make wetlands
vulnerable to development pressures and increase public safety risks associated with
flooding and erosion that will have to be dealt with by municipalities, at considerable
cost.
3.14 The Province is requested to maintain the existing Evaluation System and respect the
integrity of wetlands complexes for the critical role they serve as part of the natural
heritage system, and flood and climate change mitigation.
Regional Planning Framework
3.15 Regional planning provides a valuable role that integrates long-term land use planning
and infrastructure. This also provides for intermunicipal cooperation and coordination to
maximize efficiency and return on public investment.
3.16 The Province is requested to amend Bill 23 to maintain the regional planning role for the
purposes of coordinating long-range land use planning and infrastructure.
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3.17 An official plan represents a road map for how a municipality will grow and develop and
outlines the projects and investments necessary to support that vision. The Province is
requested to provide information about how upper-tier municipalities without planning
responsibilities would continue to implement capital projects for transportation and
servicing infrastructure without a regional planning function nor a regional official plan in
place to enable such projects.
Parkland
3.18 There are significant concerns with the proposed changes to the Planning Act to cut in
half alternative parkland dedication requirements for all types of development. Parkland
will become increasingly important for the health and wellbeing of residents as
municipalities plan for increasingly dense residential development. Increased density
means a need for more community parkland, not less.
3.19 Requiring municipalities to accept encumbered lands for parks purposes will
detrimentally impact the Municipality’s ability to deliver access to quality, safe and
functional park spaces for residents.
3.20 The Province is requested not to change the parkland dedication ratios and continue to
allow municipalities to determine what they will accept for parkland dedication.
Development Charges
3.21 The proposed reductions and exemptions from development charges requirements
contradicts the long-standing pillar of municipal financial sustainability requiring growth
to pay for growth. Development charges collected are put towards critical studies and
infrastructure needed to support new development, including water, wastewater,
sidewalks and roads.
3.22 The substantial municipal budget shortfalls resulting from these changes would shift the
burden of the cost of growth from developers onto taxpayers, with the alternative being
a reduction in overall service levels. The impact of reduced service levels would be felt
more acutely as we plan for denser housing forms that would rely more heavily on
public spaces and community services.
3.23 The Province is requested not to make changes to the current development charges
framework. Should the Province pass Bill 23 as proposed, the Province is requested to
provide alternative funding to municipalities to offset the substantial impact of the
proposed reductions in development charges as well as additional funding for resource
requirements resulting from any realigning of the functions of regional planning and the
conservation authorities.
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Cultural Heritage Conservation
3.24 The current process to designate a property under the Ontario Heritage Act is robust.
On average, Clarington designates 1-2 properties per year. The proposed changes will
place significant pressure on Clarington Council and staff to review and update the
Municipal Register in the short-term, so as to not risk losing valuable cultural heritage
resources. Clarington has listed properties under section 27 to acknowledge cultural
heritage value and protect buildings without imposing additional restrictions or approvals
processes for homeowners. Section 27 has been particularly beneficial in the context of
the increasing difficulty designated property owners are having obtaining property
insurance.
3.25 The Province is requested not to pursue the changes to the Ontario Heritage Act.
However, should Bill 23 be passed as presented, the Province is requested to provide
additional resources to municipalities to implement the proposed changes to the Ontario
Heritage Act on an ongoing basis to ensure (i) new properties added to the Municipal
Register are adequately evaluated within the identified time window, and (ii) properties
with potential cultural heritage value or interest within areas designated for development
are added to the Municipal Register to ensure protection prior to the submission of
Planning Act applications.
Public Engagement
3.26 Public participation is long established as a cornerstone of local planning and decision
making in the public interest. Even as legislated requirements for public participation
change, as the most accessible level of government to the public, staff and Council will
have to continue to consider how to best address comments and concerns to ensure
decisions on applications continue to consider all perspectives and represent good
planning.
Resource, Time, and Transition Considerations
3.27 The removal of Durham Region and the Conservation Authorities from Planning Act
processes, and the down- and off-loading of responsibilities to lower-tier municipalities
means Clarington would have to assess and assume the cost of staffing resources to
carry out these functions. This will place increased pressure on existing municipa l staff
and impact application processing timelines in situations where in-house expertise to
complete adequate reviews is not currently present.
3.28 The situation noted in Comment 3.27 above will impede the achievement of new
prescribed planning application timelines and processing requirements under Bill 109,
currently scheduled to take effect January 1, 2023 (see PDS-051-22).
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3.29 If passed, the Province is requested to add transition provisions in order to afford
municipalities and stakeholders reasonable time to understand and assess how to best
implement the new processes and requirements, particularly where it concerns new
responsibilities for lower-tier municipalities that require additional resource acquisition
and budget.
4. Provincial Housing Target and Clarington Housing Supply
Provincial Housing Target for Clarington
4.1 The Minister of Municipal Affairs and Housing informed Council of the expectation that
Clarington will take the necessary steps to facilitate the construction of 13,000 new
homes by 2031. The Municipality is also expected to sign a pledge to commit to this
target, and to deliver the pledge to the Minister no later than March 1, 2023 .
4.2 Staff will bring forward recommendations for a strategy for Council’s consideration in
early 2023. In that short time, resources and priorities will have to shift focus, and
additional resources will be required to develop the housing pledge and outline how to
achieve the construction the 13,000 homes by 2031, which may include the following
components:
Prioritization of applications that have or will have the planning framework
(secondary plans/zoning) and infrastructure now or within the next three years.
Completion of the Bowmanville and Courtice GO Station Areas Secondary Plans
and zoning within a year of the Major Transit Station Areas being approved by
the Province, as required by Bill 23.
Pausing certain secondary plan studies, where it is unlikely that the
servicing/transportation infrastructure can be implemented to enable construction
by 2031. This would allow the focus of resources on those areas that can support
construction in the next 5 years.
4.3 It should also be recognized that even once residential units are approved in secondary
plans, municipalities cannot dictate when the homes are built. In order to ensure the
construction of the homes can take place by 2031, there must be cooperation and
commitment from landowners/developers to not only submit development and building
permit applications as soon as they are eligible, but also construct the units.
Clarington Housing Supply
4.4 Currently, the Municipality has a supply of over 5,000 residential units based on
approved applications over the last 10 years. Approved appl ications include units that
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are within a draft approved plan of subdivision, registered vacant lots within a
subdivision, or site plan approved units. This does not include the supply of units that
may have received development approvals prior to 2011, which is being calculated.
4.5 Close to 9,000 residential units have recently been approved in three of Clarington’s
Secondary Plans (Brookhill, Southeast Courtice and Southwest Courtice) for which
development applications are now being received. The capacity of residential units
approved in secondary plans will continue to grow over the next two years as our
ongoing secondary plans are completed (including two high-growth MTSAs).
4.6 The Region has forecasted approximately 13,000 units for the Courtice MTSA and
approximately 9,000 units for the Bowmanville MTSA. Bill 23 requires planning and
zoning for MTSAs to be in place within one year of the Province’s approval. Currently,
the Region’s official plan amendment delineating Durham’s MTSAs is before the
Province for approval, therefore it is estimated that this would mean planning and
zoning for the MTSAs would be required to be complete by 2024-2025.
4.7 Clarington’s planned housing supply is sufficient to meet the housing target assigned by
the Province. Therefore, Clarington does not need additional Provincial intervention in
the form of settlement area boundary expansions, Minister’s Zoning Orders (MZOs), or
changes to the Greenbelt boundary to achieve the target assigned by the Province or to
meet our own population forecasts beyond 2031. However, we look forward to
cooperating with the Province in advancing affordable non-profit housing and job
creation.
4.8 Over the last 5 years, Clarington has averaged around 700 new residential building
permits per year. To meet the Province’s housing target, at least 1,400 units would have
to be built each year to 2031, meaning the number of building permit applications issued
would need to double in order to achieve the construction of 13,000 units by 2031.
4.9 While there is sufficient planned housing capacity to meet Province’s housing target, the
target is very optimistic given Clarington is among several lakeshore municipalities that
will be striving to achieve their own, higher, housing targets and competing for limited
development and construction industry resources.
Comments
4.10 Clarington has sufficient planned and approved capacity to accommodate our
forecasted growth to the achieve the expedited housing target for 2031, and beyond to
achieve our planned population growth to 2051, without the need for additional
Provincial intervention.
4.11 The housing pledge requiring Clarington’s commitment to the assigned residential unit
target should be undertaken collaboratively with Durham Region (for
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servicing/infrastructure commitments) and landowners/developers whose lands are
identified for inclusion in the 13,000 housing units. This is necessary to ensure the lands
are shovel-ready and development applications and building permits are advanced in a
reasonable and timely manner to achieve the Province’s goal.
4.12 Clarington welcomes the opportunity to work with the Province, the federal government,
and our regional partners to accelerate the supply of affordable, non-profit housing in
the community.
5. Financial Considerations
5.1 The recommendations of this report indicated additional resources (staff, consulting) will
be required in the short term as part of the 2023 budget to address the many
implications of Bill 23.
5.2 The impacts of Bill 23 on the Municipality’s fiscal planning and sustainability will be
severe, although the full extent of the proposed changes to reduce municipal levies and
download additional responsibilities to local municipalities cannot yet be completely
assessed.
5.3 The proposed changes will transfer the burden of the cost of growth from developers to
taxpayers.
6. Concurrence
This report has been reviewed by the Deputy CAO/Treasurer and the Deputy
CAO/Solicitor who concur with the recommendations.
7. Conclusion
7.1 The purpose of this report is to (i) summarize the Province’s changes under Bill 23 (ii)
present staff’s comments on the changes, and (iii) bring forward recommendations to
address potential implications of the legislation for Council’s consideration.
7.2 Staff is supportive of achieving efficiencies and reducing unnecessary process, provided
the changes do not reduce or compromise the quality of our communities and the
housing within them. However, the changes put forward under Bill 23:
(i) reduce the cost of development by cutting parkland requirements and
development charges that support growth;
(ii) reduce duplication in process and policy by removing key public bodies from the
planning process; and
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(iii) reduce review and approvals by eliminating requirements that protect the
environment, conserve cultural heritage, and create quality urban design.
7.3 It is important to reiterate that Clarington has sufficient planned and approved capacity
to accommodate our forecasted growth to the achieve the expedited housing target for
2031 to address the housing crisis, and beyond to achieve our planned population
growth to 2051, without the need for additional Provincial intervention.
7.4 Significant modifications to Bill 23 need to be considered by the Province in order to
avoid substantial adverse and long-standing impacts on municipal financial
sustainability, natural and cultural heritage conservation, and the quality of our
communities.
7.5 Staff will continue to monitor and review the information on this matter as it continues to
become available and will report back as necessary, including a strategy for the
Municipal Housing Target Pledge.
Staff Contact: Sarah Allin, Planner at 905-623-3379 ext. 2419 or sallin@clarington.net or Lisa
Backus, Manager of Community Planning
Attachments: None
Interested Parties:
List of Interested Parties available from Department.
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