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HomeMy WebLinkAbout10-23-2023 Planning and Development Committee Post-MeetingAgenda Date:October 23, 2023 Time:5:00 p.m. Location:Council Chambers or Microsoft Teams Municipal Administrative Centre 40 Temperance Street, 2nd Floor Bowmanville, Ontario Inquiries and Accommodations: For inquiries about this agenda, or to make arrangements for accessibility accommodations for persons attending, please contact: Laura Preston, Temporary Records Administrator at 905-623-3379, ext. 2104 or by email at lpreston@clarington.net. Alternate Format: If this information is required in an alternate format, please contact the Accessibility Coordinator, at 905-623-3379 ext. 2131. Audio/Video Record: The Municipality of Clarington makes an audio and/or video record of General Government Committee meetings. If you make a delegation or presentation at a General Government Committee meeting, the Municipality will be recording you and will make the recording public by on the Municipality’s website, www.clarington.net/calendar Cell Phones: Please ensure all cell phones, mobile and other electronic devices are turned off or placed on non-audible mode during the meeting. Copies of Reports are available at www.clarington.net/archive 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 Acknowledgment Statement 3.Declaration of Interest 4.Announcements *5.Presentations/Delegations (10 Minute Time Limit) 5.1 Delegation by Derek Hannan, Regarding, Site Plan Concerns at No Frills, Newcastle 4 *5.2 Delegation by Susan Ellis and Clint Cole, Greenbelt Water Keepers in Association with Enniskillen Environmental Association, Regarding, Concerns with the Langmaid Battery Energy Storage System Project in Clarington's Greenbelt 24 5.3 Delegation by Katharine Warren, Jury Lands Foundation, Regarding, Report PDS-052-23 - Heritage Permit Application to demolish Triple Dormitory Building; 2020 Lambs Road, Bowmanville (former Boys Training School and WWII Prisoner of War Camp 30) 58 5.4 Delegation by Alexander Scherer, Regarding, Report PDS-052-23 - Heritage Permit Application to demolish Triple Dormitory Building; 2020 Lambs Road, Bowmanville (former Boys Training School and WWII Prisoner of War Camp 30) 5.5 Delegation by Steve Conway, Regarding, Report PDS-052-23 - Heritage Permit Application to demolish Triple Dormitory Building; 2020 Lambs Road, Bowmanville (former Boys Training School and WWII Prisoner of War Camp 30) *5.6 Delegation by Devon Daniell and Ben Holthof, Regarding, Report PDS- 052-23 - Heritage Permit Application to demolish Triple Dormitory Building; 2020 Lambs Road, Bowmanville (former Boys Training School and WWII Prisoner of War Camp 30) 6.Consent Agenda 6.1 Communications 6.2 Staff Reports and Staff Memos Planning and Development Committee Page 2 *6.2.1 PDS-052-23 - Heritage Permit Application to demolish Triple Dormitory Building; 2020 Lambs Road, Bowmanville (former Boys Training School and WWII Prisoner of War Camp 30) 71 (Correspondence from Devon Daniell, Kaitlin Corporation, Raye Davies-Budd, Bernice Norton, ACO Clarington Branch, Rick McEachern, Michelle Lamont, Kerry Grady, Jaden Loach, Julie Lankin*, Christopher J. Terry*, Ian MacKay, ACO Port Hope*, Glenna and Warren Lamondin*, attached) 6.2.2 PDS-055-23 - Modernization of the Building Division 129 6.2.3 PDS-056-23 - CL 2022-22 Various Court Replacements Budget Reallocations 137 6.2.4 PDS-058-23 - Proposed Land Division Process 141 6.2.5 PDS-059-23 - Transportation for the Future Act, 2023 (Bill 131); Schedule 2 - GO Transit Station Funding Act – Summary and Overview 147 6.2.6 PDS-061-23 - Port Granby Nature Reserve Proposal - Update 153 6.2.7 PDS-063-23 - GO Transit Rail Service – Bowmanville Extension Environmental Assessment Project Addendum: Information Update 164 7.Items for Separate Discussion 8.Unfinished Business 9.New Business 10.Public Meetings (6:30 p.m.) 11.Confidential Items 11.1 Report LGS-028-23 OLT Appeal - VAD Retail Limited (Kaitlin Corporation) 12.Adjournment Planning and Development Committee Page 3 Planning and Development Committee DATE: OCTOBER 23, 2023 TIME 5:00PM COUNCIL CHAMBERS MUNICIPAL ADMINISTRATIVE CENTRE Resident Concerns with Staff Report PSD-071-11 & Changes to the No Frills Newcastle Site Plan Derek & Tracey Hannan Owners of 24/26 north street, Newcastle. Page 4 BACKGROUND •On September 12, 2011 Staff Report PSD-071-11 was reviewed by Committee and recommended to Council. •The purpose of the report was for an Official Plan Amendment and a Zoning By-law Amendment to permit an expanded parking and loading area along North Street in association with the development of a grocery store. (No Frills Newcastle) •Ultimately, Council passed the recommendations. •The matter was appealed to the OMB in December 2011 and after the OMB Member heard and reviewed evidence by both parties the appeals were dismissed. Page 5 TRAFFIC LIGHT CONCERN •PSD-071-11, Section 9.4 states on page 13: •“… The Engineering Services Department is of the opinion that, in order for the development to proceed, traffic signals must be installed at this intersection in light of the above safety related issues. In consultation with the Region, traffic signals can be installed in this location. In consideration of the Region' s Traffic Signal Installation Policy based on an estimated cost for the traffic signals of $200, 000, the Region will pay 50%, the Municipality will pay 25% and the developer will pay 25% ( to a maximum of $ 50, 000). This cost sharing arrangement has been discussed with all parties, and the developer is agreeable to this cost sharing arrangement….” Page 6 TRAFFIC LIGHT CONCERN con’t •Ontario Municipal Board Case No: PL11120 was heard on December 15, 2011, and a written decision was issued on February 28, 2012. •At the onset Clarington’s lawyer A. Allison removed himself from the appeal process and allowed Counsel for Newcastle (King) Developments Inc. to manage the appeal on their behalf. •On page 6 of the OMB decision a Mr. James Mallett , a professional Traffic Operations Engineer and Vice President of Paradigm Transportation Solutions Limited “proffered expert evidence with respect to the Traffic Impact Study” (TIS) •On page 8, Mr. Mallett told the Board “that in accordance with Ministry of Transportation standards, traffic lights are not warranted at the North Street-King Avenue intersection. However, the Municipality has the authority to require signalization, and has done so.” •Mr. Mallett “agrees with the Municipality that traffic signals at this intersection will enhance traffic flow functioning.” He submitted that some modification of this intersection will be required in order to provide an appropriate truck turn radius”. Page 7 TURNING & STORAGE LANE •PSD-071-11, Section 7.6 Traffic Study states on page 10 that: •“…Both an eastbound left turn lane and a westbound left turn lane, each with 15 metres of storage, should be provided on King Avenue West at the North Street intersection. Refer to Sections 9. 3 and 9. 4 of this report for the Region' s and the Municipality' s review of this matter.” •PSD-071-11, Section 9.3 states on page 13 that: •“The Durham Regional Works Department advised that they have issues with the proposed eastbound and westbound turn lanes at the intersection of King Avenue West and North Street, the proposed bus stop location and the conclusions of the traffic study.” Page 8 TURNING & STORAGE LANE con’t •Ontario Municipal Board Case No: PL11120 written decision states that: •On page 8, Mr. Mallett continued to proffer expert evidence to the Board that the Traffic Impact Study resulted in the following recommendations: •“An eastbound left-turn lane with 15 metres storage should be provided on King Avenue at the North Street intersection following the build-out of the site. The implementation of the auxiliary turn lanes should coincide with the build-out of the site.” •“Consideration should be given to providing a westbound turn lane with 15 metres of storage at the King Avenue-North Street intersection for the five- year horizon.” Page 9 OMB MEMBER SILLS COMMENTS •Ontario Municipal Board Case No: PL11120 written decision states on page 11 that “mitigation measures have been adopted in order to improve the operational functioning of traffic” •Furthermore, on page 11 the Member states that “it is anticipated that turning lanes and signalization will ease traffic flow difficulties.” •Based on the written decision of the OMB it is clear that the OMB relied on the “expert evidence proffered by Mr. Mallet, a professional Traffic Operations Engineer and Vice President of Paradigm Transportation Solutions Limited” in making the decision to dismiss the appeals. Page 10 TRAFFIC LIGHT CONCERN TURNING & STORAGE LANE •As of today’s meeting, some 11 years later there is still no traffic light at the corner of North Street & King Ave. West and no eastbound or westbound turning and storage lanes. •Clarington’s failure to erect this traffic light and install the turning and storage lanes means one of two things: •At best, Clarington had no intentions to fulfil these items for the local residents and only offered them to placate and pacify local resident’s concerns during the planning process; or •At worst, Clarington purposely submitted false or misleading evidence to the Ontario Municipal Board to allow the development to be built. •Report PSD-071-11 says what you are going to do and NOW it is beyond the time to DO the right thing and complete it. Page 11 SITE PLAN ISSUES •Staff Report PSD-071-11 contained a copy of a proposed site plan diagram that clearly showed that delivery trucks travelling northbound on North Street would have to transverse in the wrong lane to make the required right turn to access the trucking entrance. Page 12 SITE PLAN ISSUES con’t •During the OMB Appeal evidence was provided by Newcastle (King) Developments Inc. to highlight that some changes were made to the trucking entrance that corrected this issue. •On May 10, 2012 both the Director of Planning Services & Director of Engineering stamped and signed off on Drawing SP-1 of SPA 2011-0012 for 80 King Avenue West. •The following document was received through a “Freedom of Information” (FOI) request to the Municipality of Clarington. •The document shows the FOI stamp and the “approved stamp” and signatures of the Directors. Page 13 Page 14 •The Registered Site Plan Diagram shows the new corrected positioning of the trucks traveling northbound on North Street to access the trucking entrance. •It shows the Registered Right of Way which accesses the back of the Newcastle Veterinarian building. •Shows an increased entrance in the trucking area for easier entry for the transport trucks. Page 15 SITE PLAN ISSUES con’t •On the evening of May 27th and May 28th, 2023 a painting crew arrived at the No Frills trucking area and began to: •Add a large semi-circle drive aisle through the entire trucking area. •Add “NO PARKING” & “NO LOADING AREA” across the entire entrance to the truck access area •Add directional arrows through the entire drive aisle •Add seven parking spots on the north side of the loading area and put the words “EMPOYEE PARKING”. Page 16 Page 17 Page 18 SITE PLAN ISSUES con’t •The design of the trucking area was presented during the OMB Appeal •designs shown at the time matched the designs in the approved Site Plan Drawing •No Frills took it upon themselves to make changes to the Site Plan without permission of the Municipality. •The “Right of Way” leading to the Veterinary Office long pre-dates the decision to build the grocery store on the site. This “Right of Way” existed when the property had a single detached dwelling on it. This area should not be utilized by No Frills as part of their business operations. •At the time of build No Frills made assurances to Clarington, local residents, and the OMB that all parking requirements would be met through their design plan. •The addition of the staff parking in directly interfering with the approved truck access Page 19 SITE PLAN ISSUES con’t •The design changes of the site took a little over 6 hours over a combined 2 evenings in May. •I filed my concerns with the municipality regarding the illegal changes to the site plan at the beginning of June and still over 3 and ½ months later the site still has not be retuned to the approved condition. •The changes to the site have caused chaos that is negatively impacting the residents of North St and our 20ft wide street. Page 20 Page 21 Page 22 Conclusion •Be leaders and do what you said you were going to do over a decade ago: •Install the traffic signals at North St. & King Ave. W. •Install the eastbound and westbound turning and storage lanes on King Ave. W. •Ensure that No Frills returns the truck loading area back to the approved Site Plan Drawings forthwith. It should not be my responsibility as a resident to ensure my local government follows through with their promised commitments. Thank you. Page 23 From:Susan Ellis To:ClerksExternalEmail; Anderson, Granville; Elhajjeh, Sami; info@durham.ca; todd.mccarthy@pc.ola.org; Paul.Calandra@pc.ola.org; Andrea.Khanjin@pc.ola.org; Todd.Smithco@pc.ola.org; JBurch-QP@ndp.on.ca; JBell- QP@ndp.on.ca; SShaw-QP@ndp.on.ca; tabunsp-qp@ndp.on.ca; Steven.Guilbeault@parl.gc.ca; jonathan.wilkinson@parl.gc.ca; sean.fraser@parl.gc.ca; gerard.deltell@parl.gc.ca; Shannon.Stubbs@parl.gc.ca; leslyn.lewis@parl.gc.ca Cc:contact@waterkeepers.ca Subject:Urgent Action - Stop the Langmaid Energy Storage project in Clarington’s Greenbelt Date:Monday, October 9, 2023 9:40:58 AM You don't often get email from sewindyridge@icloud.com. Learn why this is important EXTERNAL Attention: Municipal/Regional: Adrian Foster – Mayor of Clarington, Granville Anderson – Regional Councillor Wards 1 and 2, Sami Elhajjeh – Councillor Ward 1, Durham Environment and Climate Advisory Committee Provincial: Todd McCarthy – MPP Durham, Paul Calandra – Minister of Municipal Affairs and Housing, Andrea Khanjin - Minister of the Environment, Conservation and Parks, Todd Smith – Minister of Energy, Jeff Burch – Critic, Municipal Affairs, Jessica Bell – Critic, Housing, Sandy Shaw -- Critic, Environment, Conservation and Parks, Peter Tabuns – Critic, Energy, Federal: Steven Guilbeault – Minister of Environment and Climate Change, Jonathan Wilkinson – Minister of Energy and Natural Resources, Sean Fraser – Minister of Housing, Infrastructure and Communities, Gerard Deltell – MP Critic, Environment and Climate Change, Shannon Stubbs – MP Critic, Natural Resources, Leslyn Lewis – Critic, Infrastructure and Communities, DEAR Municipal, Provincial and Federal Government representative, 2023.10.09 GREENBELT PROTECTED LANDS IN CLARINGTON ONTARIO UNDER THREAT from Plus Power Langmaid Energy Storage and industrial use proposal – URGENT ACTION REQUIRED As a local Clarington Greenbelt resident, environmental advocate and concerned about inappropriate uses of Ontario’s Greenbelt protected lands I am acutely aware of the growing problem of unrestrained development on the Greenbelt that compromises its intended goal. Page 24 Plus Power has created a project proposal in response to the Independent Electricity System Operator (IESO) Long-term 1 Request for Proposal. But the Greenbelt is no place for an industrial application like the Langmaid Energy Storage project of outdoor battery structures on hardscape that violates the intent of Greenbelt protection. Further to the careless Greenbelt site selection, Plus Power has negligently proposed their facility occupy areas zoned Environmentally Protection (EP), Natural Linkage (NL) and Prime Agricultural Minimum area of influence (A-ORM) where they: • interrupt the water balance: rainwater absorption, filtration, and release to the water table, • remove and block valuable arable agriculture lands from cultivation, • disrupt two active and bio-diverse wildlife corridors Saying it’s ok to be on the Greenbelt for Plus Power’s Langmaid Energy Storage project sets a dangerous precedent and leaves the Greenbelt vulnerable. We request that all levels of government apply pressure to the IESO to add a requirement to the Long-Term 1 Request for Proposal that projects CANNOT be located on Greenbelt lands. In 2005, the Greenbelt was created for the benefit of all Ontarians to “Prevent further loss of farmland and natural heritage. Restrict urban sprawl. Work with the Growth Plan to develop vibrant communities where people can live, work, and play”. The Oak Ridges Moraine (ORM) is a special part of the Greenbelt and in 2017 the Greenbelt-incorporated-ORM vision was affirmed as “a continuous band of green rolling hills that provides form and structure to south-central Ontario, while protecting the ecological and hydrological features and functions that support the health and wellbeing of the region’s residents and ecosystems.” How exactly does an industrial outdoor battery storage facility fit into that? In September 2023 after significant public pressure, the Ontario provincial government reversed its decision on residential development in the Greenbelt. In fact, they promise further Greenbelt protections. In December 2022, the Federal Government set a goal for “30-by-30” to sustain and increase biodiversity by protecting 30% of Canada’s land and water. Do not let the Langmaid Energy Storage project be another inappropriate case for Greenbelt fragmentation, degradation, bio-diversity loss and an intensive public call to action. Page 25 In October 2023, I was contacted by a group of passionate neighbours, the Greenbelt Water Keepers, to make me aware of the Power Plus Langmaid Energy Storage project proposed in Clarington’s Greenbelt. Despite the claim of Power Plus’s outreach to the community in mid September 2023, it was the first time I heard of this project. The proposal deadline of December 2023 makes this an urgent request. Please give this letter of opposition to the Langmaid Energy Storage proposal your full consideration. I eagerly await a response to confirm receipt of this letter and your next steps. Thank you, Susan Ellis sewindyridge@icloud.com Page 26 From:Preston, Laura To:Preston, Laura Subject:RE: Greenbelt Water Keepers Correspondence – Delegation Request MoC PDC 2023.10.23 Date:Friday, October 20, 2023 9:17:27 AM -----Original Message----- From: Greenbelt WaterKeepers <contact@greenbeltwaterkeepers.ca> Sent: Wednesday, October 18, 2023 3:31 PM To: ClerksExternalEmail <clerks@clarington.net> Cc: Anderson, Granville <GAnderson@clarington.net>; Elhajjeh, Sami <SElhajjeh@clarington.net>; Rang, Lloyd <LRang@clarington.net>; Meet Councillor Traill <MeetCouncillorTraill@clarington.net>; Zwart, Margaret <MZwart@clarington.net>; Mayor Shared Mailbox <mayor@clarington.net>; Woo, Willie <WWoo@clarington.net> Subject: Greenbelt Water Keepers Correspondence – Delegation Request MoC PDC 2023.10.23 You don't often get email from contact@greenbeltwaterkeepers.ca. Learn why this is important <https://aka.ms/LearnAboutSenderIdentification> EXTERNAL 1. We have received no confirmation that our request for delegation is on the agenda and the agenda has not been published online. Please let us know if we are expected Monday October 23, 2023. 2. See our related correspondence for our request for delegation below and forward as appropriate. ---- Greenbelt Water Keepers Correspondence – Delegation Request Municipality of Clarington (MoC) Planning and Development Committee (PDC) 2023.10.23 Opposition to Langmaid Battery Energy Storage System Project on Clarington’s Greenbelt lands Dear MoC PDC Chair, Mayor and Councillors, We, the Greenbelt Water Keepers, oppose the proposed Langmaid Battery Energy Storage System (BESS) project on Clarington’s Greenbelt. The Langmaid BESS proposal is being prepared by Plus Power – a Texas based company – in response to the Independent Electricity System Operator Long-term 1 Request for Proposal (IESO LT1 RFP). This area is not just special to us; it is a vital part of our community where essential habitats for diverse species and agricultural lands provide essential functions to keep the natural water balance: water absorption, filtration and dispersal. Page 27 The proposed battery energy storage system project threatens this delicate balance. It could lead to environmental degradation (including potential contamination of water sources), disruption of local wildlife habitats, removal of 5- 57 hectares (12-140 acres) of agricultural lands from farming use, not to mention risk of fire and explosion with toxic releases. The Greenbelt Water Keepers have a number of concerns that we will introduce to the MoC PDC that include: Hydrological, ecological and agricultural fragmentation and degradation, safety, and lack of meaningful timely community engagement. But the primary reason for our delegation is to illustrate the lack of legislation compliance. To expand on this last point, the Langmaid BESS proposed site is not only on Ontario’s Greenbelt but on the ecologically sensitive Oak Ridges Moraine. Ontario legislation, specifically the Oak Ridges Moraine Conservation Plan - 2017 (ORMCP-2017), includes special zone protections and limitations for “infrastructure”. These special zone protections and limitations are not respected by the Langmaid BESS proposal. These special zone protections and limitations are NOT reflected in MoC’s Zoning By-law 2005-109 for lands within the Oak Ridges Moraine (rev.2010) - available online at Clarington.net. We have reviewed the ORMCP-2017, Envision Durham Regional Official Plan – 2023 and the MoC’s Zoning By-law 2005-109 for lands within the Oak Ridges Moraine (rev.2010) and have found opportunities for clearer language and consistency in the MoC’s By-laws and Envision Durham Regional Official Plan - 2023. This would include for example: In the Oak Ridges Moraine, new infrastructure corridors or facilities shall only be allowed in the Natural Core Areas (NC), Natural Linkage Areas (NL), and Prime Agricultural Areas (A) if they are shown to be necessary and there is no reasonable alternative. They shall also have to meet stringent review and approval standards. The reason for urgency in this matter is based on the short window to the IESO RFP submission deadline – December 12, 2023. Opposition is important now to ensure there is clear expression of community and municipality concerns. The Greenbelt Water Keepers feel that this primary proof of legislation non- compliance of the Langmaid BESS proposal by Plus Power, are enough grounds for the MoC to – like other municipalities – oppose and deny support for the BESS proposal at this early stage. Thus our actions requested of the MoC PDC are: 1. Municipality of Clarington Council and Planning office: Decline all support and approvals for the Langmaid Battery Energy Storage System project in Clarington’s Greenbelt proposed by Plus Power for the Independent Electricity System Operator Long-term 1 Request for Proposal. Page 28 2. Municipality of Clarington Council and Planning office: Amend Clarington’s Zoning By-law 2005-109 for lands within the Oak Ridges Moraine (rev.2010) to fully reflect the Oak Ridges Moraine Conservation Plan-2017 and the and Envision Durham Regional Official Plan - 2023: ie. new infrastructure corridors or facilities shall only be allowed in the Natural Core Areas (NC), Natural Linkage Areas (NL) where Environmentally Protected Zone (EP) is a special zone area within and a part of NL, and Prime Agricultural Areas (A) if they are shown to be necessary and there is no reasonable alternative. They shall also have to meet stringent review and approval standards. According to Statistics Canada, over 70% of Canadians believe that protecting natural areas from industrial development should be a priority (Statistics Canada, 2016). We feel that many in Clarington and Ontario share this sentiment. We want to remind the MoC PDC of its logo for the current update to the MoC planning by- laws, Zone Clarington. From left to right the logo illustrates: natural, agricultural, and urban spaces. Let’s not only aspire to this implied emphasis on green spaces but make it happen! Industrial facilities like the Langmaid BESS facility do not belong on Clarington’s Greenbelt. The Greenbelt Water Keepers in association with the Enniskillen Environmental Association look forward to our delegation to the MoC PDC regarding the Langmaid BESS where together we will keep the Greenbelt Green for present and future generations. Respectfully, Greenbelt Water Keepers in association with the Enniskillen Environmental Association c/o Susan Ellis, Delegation representative 365-813-2230 contact@greenbeltwaterkeepers.ca <mailto:contact@greenbeltwaterkeepers.ca> www.greenbeltwaterkeepers.ca <https://can01.safelinks.protection.outlook.com/? url=http%3A%2F%2Fwww.greenbeltwaterkeepers.ca%2F&data=05%7C01%7Ccler ks%40clarington.net%7C5997c5a05ab74cc6cf8e08dbd0108348%7C2c663e0f310e 40c2a196f341569885a9%7C0%7C0%7C638332541568210716%7CUnknown%7C TWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJ XVCI6Mn0%3D%7C2000%7C%7C%7C&sdata=8LzhXYkq33SAA2ZhmTkqrIn5qe7 ChaT8BHWbov9IWOY%3D&reserved=0> Page 29 [clarington]<https://www.clarington.net/> [fb]<https://www.facebook.com/MunofClarington> [twitter] <https://www.twitter.com/ClaringtonON> [youtube] <https://www.youtube.com/ClaringtonON> -- Greenbelt Water Keepers Inc. (365) 813-2230 contact@greenbeltwaterkeepers.ca Page 30 Greenbelt Water Keepers Delegation to the Municipality of Clarington Planning and Development Committee Urgent Action -Stop the Langmaid Battery Energy Storage System project in Clarington’s Greenbelt Delegation: Susan Ellis and Clint Cole Greenbelt Water Keepers & Enniskillen Environmental Association October 23, 2023 Page 31 Greenbelt Water Keepers Susan Ellis, Director Enniskillen Environmental Association Clint Cole, Director 2023-10-20GWK.MoC.se.cc -Stop Langmaid Battery Energy Storage in Clarington's Greenbelt 2 About the Delegation Page 32 Actions requested of MoC Council and Planning 1. Oppose and deny support and approvals for the Langmaid Battery Energy Storage System (BESS) project in Clarington’s Greenbelt 2. Amend Clarington’s Zoning By-law for lands within the Oak Ridges Moraine to fully reflect Provincial and Regional legislation. 2023-10-20GWK.MoC.se.cc -Stop Langmaid Battery Energy Storage in Clarington's Greenbelt 3 Page 33 Ecological, Hydrological and Agricultural Fragmentation Community Consultation Health and Safety Regulatory non-compliance Urgency 2023-10-20GWK.MoC.se.cc -Stop Langmaid Battery Energy Storage in Clarington's Greenbelt 4 Concerns Page 34 Langmaid BESS project prepared by Texas-based Plus Power in response to IESO LT1 RFP a 12 acre Lithium Ion 175MW Battery Hazardous Industrial facility proposed on a 140 acre property on the Greenbelt’s Oak Ridges Moraine In Ward 1 Clarington nearest intersection Regional Road 3 and Langmaid Road 2023-10-20GWK.MoC.se.cc -Stop Langmaid Battery Energy Storage in Clarington's Greenbelt 5 Image from Plus Power Langmaid BESS website Page 35 “… new infrastructure corridors or facilities … shall only be allowed if they are shown to be necessary and there is no reasonable alternative.” “They shall also have to meet stringent review and approval standards.”1 1 ORM Conservation Plan-2017 (Sections 2.0 and 2.1) 2023-10-20GWK.MoC.se.cc -Stop Langmaid Battery Energy Storage in Clarington's Greenbelt 6 Oak Ridges Moraine (ORM) Legislation Page 36 “It is the policy of (Durham Regional) Council to: Discourage the establishment of new non-agricultural uses in Prime Agricultural Areas. Non-agricultural uses may only be permitted in Prime Agricultural Areas, after the completion of an agricultural impact assessment, for: a)Infrastructure or resource extraction b)Limited non-residential purposes …” 2 2 Envision Durham Official Plan –2023 (EDOP), Section 6.2. 2023-10-20GWK.MoC.se.cc -Stop Langmaid Battery Energy Storage in Clarington's Greenbelt 7 Additional Regional Policy Page 37 On the Greenbelt’s Oak Ridges Moraine In Clarington and the Region of Durham Ontario The IESO confirmed in writing, that the Ontario Minister of Energy, clarified: the proposed projects to the IESO LT1 RFP are not exempt to environmental law, including the ORM Conservation Plan. 2023-10-20GWK.MoC.se.cc -Stop Langmaid Battery Energy Storage in Clarington's Greenbelt 8 Why is Plus Power’s Langmaid BESS subject to this legislation? Because the project site is: Page 38 There are NO IESO LT1 RFP requirements for specific regional or high priority areas that can, must or should have an energy capacity solution. There are 40-50 proposals in process to meet the IESO goal of 4000MW capacity. On average each facility is 200MW. Conservatively, that is over 8000 MW and twice the target. 2023-10-20GWK.MoC.se.cc -Stop Langmaid Battery Energy Storage in Clarington's Greenbelt 9 Passing the test of “necessary” Page 39 There are NO IESO LT1 RFP requirements for specific regional or high priority areas that can, must or should have an energy capacity solution. There are 40-50 proposals in process to meet the IESO goal of 4000MW capacity. On average each facility is 200MW. Conservatively, that is over 8000 MW and twice the target. 2023-10-20GWK.MoC.se.cc -Stop Langmaid Battery Energy Storage in Clarington's Greenbelt 10 Passing the test of “necessary” Page 40 There are 40-50 proposals in process to meet the IESO goal of 4000MW capacity. On average each facility is 200MW. Conservatively, that is over 8000MW and twice the target. Plus Power is proposing FOUR facilities approx. 200MW each There is more than one type of energy capacity solution: these could be mechanical, chemical, hydro-electric 2023-10-20GWK.MoC.se.cc -Stop Langmaid Battery Energy Storage in Clarington's Greenbelt 11 Passing the test of “no reasonable alternative” Page 41 There are 40-50 proposals in process to meet the IESO goal of 4000MW capacity. On average each facility is 200 MW. Conservatively, that is over 8000 MW and twice the target. Plus Power is proposing FOUR facilities approx. 200 MW each There is more than one type of energy capacity solution: these could be mechanical, chemical, hydro-electric 2023-10-20GWK.MoC.se.cc -Stop Langmaid Battery Energy Storage in Clarington's Greenbelt 12 Passing the test of “no reasonable alternative” Page 42 The Langmaid BESS facility CANNOT pass the legal test of: “necessary and without reasonable alternative” 2023-10-20GWK.MoC.se.cc -Stop Langmaid Battery Energy Storage in Clarington's Greenbelt 13 Grounds for Action 1 Grounds for Action 2 Current and in-effect Clarington Bylaws are mis-leading and incomplete. Municipalities are obligated by law to implement ORM legislation.3 3 ORMCP Section: Municipality Implementation. Page 43 Proposal Submission to IESO due Dec. 12, 2023 There are few checks and balances ahead of this date Integrity and public trust is at stake 2023-10-20GWK.MoC.se.cc -Stop Langmaid Battery Energy Storage in Clarington's Greenbelt 14 Urgency Page 44 Greenbelt Water Keepers Delegation to the Municipality of Clarington Planning and Development Committee Urgent Action -Stop the Langmaid Battery Energy Storage System project in Clarington’s Greenbelt Delegation: Susan Ellis and Clint Cole Greenbelt Water Keepers & Enniskillen Environmental Association October 23, 2023 Keep the Greenbelt Green! Page 45 Back up slides 2023-10-20GWK.MoC.se.cc -Stop Langmaid Battery Energy Storage in Clarington's Greenbelt 16 Page 46 Action 1. requested of Council Municipality of Clarington Council and Planning office: Oppose and deny support and approvals for the Langmaid Battery Energy Storage System (BESS) project in Clarington’s Greenbelt proposed by Plus Power for the Independent Electricity System Operator Long-term 1 Request for Proposal. 2023-10-20GWK.MoC.se.cc -Stop Langmaid Battery Energy Storage in Clarington's Greenbelt 17 Page 47 Action 2. requested of Council Municipality of Clarington Council and Planning office: Amend Clarington’s Zoning By-law 2005-109 for lands within the Oak Ridges Moraine (rev.2010) to fully reflect the Oak Ridges Moraine Conservation Plan-2017 and the and Envision Durham Regional Official Plan -2023: ie. new infrastructure corridors or facilities (ICF) shall only be allowed in the Natural Core Areas (NC), Natural Linkage Areas (NL) where Environmentally Protected Zone (EP) is a special zone area within and a part of NL, and Prime Agricultural Areas (A) if new ICF are shown to be necessary and there is no reasonable alternative. They shall also have to meet stringent review and approval standards. 2023-10-20GWK.MoC.se.cc -Stop Langmaid Battery Energy Storage in Clarington's Greenbelt 18 Page 48 MoC Oak Ridges Moraine Zoning By-law 2005-109 2023-10-20GWK.MoC.se.cc -Stop Langmaid Battery Energy Storage in Clarington's Greenbelt 19 (5) shall be shown to be necessary and with no reasonable alternativeADD Page 49 MoC Oak Ridges Moraine Zoning By-law 2005-109 2023-10-20GWK.MoC.se.cc -Stop Langmaid Battery Energy Storage in Clarington's Greenbelt 20 (4) shall be shown to be necessary and with no reasonable alternative ADD Page 50 Plus Power site map 2023-10-20GWK.MoC.se.cc -Stop Langmaid Battery Energy Storage in Clarington's Greenbelt 21 Page 51 Plus Power site map 2023-10-20GWK.MoC.se.cc -Stop Langmaid Battery Energy Storage in Clarington's Greenbelt 22 Page 52 ORMCP-2010 Land Use Designation 2023-10-20GWK.MoC.se.cc -Stop Langmaid Battery Energy Storage in Clarington's Greenbelt 23 Page 53 ORMCP-2010 High Aquifer Vulnerability 2023-10-20GWK.MoC.se.cc -Stop Langmaid Battery Energy Storage in Clarington's Greenbelt 24 Page 54 ORMCP-2010 Landform Conservation Areas 2023-10-20GWK.MoC.se.cc -Stop Langmaid Battery Energy Storage in Clarington's Greenbelt 25 Page 55 MoC’s Zoning By-law 2005-109 for lands within the Oak Ridges Moraine (rev.2010). 2023-10-20GWK.MoC.se.cc -Stop Langmaid Battery Energy Storage in Clarington's Greenbelt 26 Page 56 Land Acknowledgement The Greenbelt Water Keepers acknowledge that the lands we protect and value in Clarington’s Greenbelt are on the traditional lands of the Williams Treaties. These treaties were signed between settlers and seven First Nation communities: the Mississaugas of Alderville, Curve Lake, Hiawatha, and Scugog Island First Nation, as well as, the Chippewas of Rama, Georgian Island Beausoleil First Nation. We also acknowledge, that the term “settlers” above means that treaty obligations apply to present and future residents of this area. The Greenbelt Water Keepers acknowledge that we are still learning about “settlers” obligations under the Williams Treaty, Indigenous Truth and paths to Reconciliation. For this reason and inspired by Indigenous ways regarding land stewardship, we state our heartfelt intent. We reside on Clarington’s Greenbelt and we know how special it is. We are grateful for the land, the plants and wildlife that live there. We are grateful for the ecological gifts that the land provides: to collect and clean the water, to grow and sustain humans and all types of living things. The land asks nothing in return. But when we take care of the land with thoughtfulness and restraint, we take care of ourselves, the land and all that depend on it. 2023-10-20GWK.MoC.se.cc -Stop Langmaid Battery Energy Storage in Clarington's Greenbelt 27 Page 57 2020 Lambs Rd Bowmanville, Ontario Presentation to Planning and Development CommitteeOctober 23, 2023 Page 58 Jury Lands is in support of staff’s recommendation and the Clarington Heritage Committee to save the Triple Dorm Page 59 Site in progress c.1928 Page 60 Site completed c.1930 Page 61 Dates to note 2013 Declared National Historic Site by Historic Sites and Monuments Board of Canada. Based on the strength of this national designation, Municipality of Clarington Council authorized staff to assist with the formation of the Jury Lands Foundation. 2014 Conditions Survey & Mothballing Plan by Goldsmith Borgal & Company Ltd. Architects and a structural assessment by Ojdrovic Engineering Inc.Reports indicated that the buildings are still in surprisingly good condition considering their exposure to environmental conditions and vandalism. Page 62 C. 2018 photo taken while hiking by Bernice Norton Page 63 Friday October 20,2023 Page 64 It’s where the escape attempts were made by tunneling under Lambs Rd by the P.O.W’s Why is this building so significant to the history of this National Historic Site? Page 65 Otto Kretschmer- Escape attempt ●Highest ranking officer kept as a POW at Camp 30 ●Many escape attempts were made to return him to Germany ●Operation “Kiebitz” escape almost succeeded Page 66 National Historic Site Page 67 Staff is recommending to save this building And so does Jury Lands Foundation. If it comes down to numbers, with money council has already put aside, we could bring the cafeteria building up to code. Based on the expertise of a Heritage architect that Jury Lands has retained. Similarly, it will cost much less than people would expect to retain this Triple Dorm and incorporate it instead of demolition. Page 68 Questions Page 69 View of Kaitlin Proposal from Kiwanis house Proposed 3-4 storey instead of triple dorm Page 70 Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: October 23, 2023 Report Number: PDS-052-23 Submitted By: Carlos Salazar, Director of Planning and Infrastructure Services Reviewed By: Mary-Anne Dempster, CAO By-law Number: File Number: PLN 34.18; HPA2023-009 Resolution#: Report Subject: Heritage Permit Application to demolish Triple Dormitory Building; 2020 Lambs Road, Bowmanville (former Boys Training School and WWII Prisoner of War Camp 30) Recommendation: 1. That Report PDS-052-23, any related delegations or communication items, be received for information; 2. That Council support the recommendation of the Clarington Heritage Committee to refuse and not support the demolition of the Triple Dormitory building; 3. That Heritage Permit Application File Number HPA2023-009 to demolish the Triple Dormitory building on the property located at 2020 Lambs Road (former Boys Training School and WWII Prisoner of War Camp 30) be refused; 4. That all interested parties listed in Report PDS-052-23, and any delegations be advised of Council’s decision. Page 71 Municipality of Clarington Page 2 Report PDS-052-23 Report Overview The property at 2020 Lambs Road, known as the former Boys Training School and WWII Prisoner of War Camp (Camp 30) was designated as a National Historic Site by the Historic and Monuments Board of Canada in 2013. In 2018, Council designated the property and the six buildings, including the Triple Dormitory building, under Section 29 of the Ontario Heritage Act (OHA) (Designation By-law 2018-001) for its cultural and architectural heritage significance. The current property owner participated in the designation process. In April 2022, the property owner submitted planning applications for rezoning and draft plan of subdivision proposing the redevelopment of the subject lands. The development proposal included the demolition of the Triple Dormitory building. The Ontario Heritage Act requires the owner of a designated property to obtain Council approval for the demolition of structures or parts thereof that affect the designated heritage cultural heritage value or interest. On June 8, 2023, the property owner submitted the subject Heritage Permit application proposing to demolish the Triple Dormitory building. In accordance with the OHA, a notice of complete application was issued on August 4, triggering the prescribed 90-day period for Council’s decision on the application. The Clarington Heritage Committee (CHC) was consulted as required by the OHA. At its meeting on September 19, 2023, the CHC considered the application and passed a motion recommending that Council refuse the Heritage Permit Application and not support the demolition of the Triple Dormitory building. 1. Background 1.1 The subject site, known as 2020 Lambs Road and referred to as the ‘Camp 30 property’, is located at the northwest corner of Lambs Road and Concession Street East in Bowmanville. The site is approximately 42.5 hectares (105 acres) in total. However, the designated buildings and attributes are concentrated to the central portion of the site, encompassing the six structures in an open landscape around an internal ring road system, as shown in Figure 1. The Triple Dormitory building is one of six designated buildings on the property. Page 72 Municipality of Clarington Page 3 Report PDS-052-23 Figure 1: Schedule to Designation By-law– 2020 Lambs Road 1.2 The property was donated by John H. H. Jury to build the former government owned and operated Bowmanville Boys Training School, which opened in 1925 and provided education and professional training to boys. It was widely considered the most progressive institution of its kind in Canada. In 1940, the property became a Prisoner of War Camp (Camp 30) during the Second World War. The site is the only relatively intact Second World War prisoner-of-war camp remaining in Canada. The former Boys Training School/Camp 30 site and buildings have been established to have significant cultural heritage value or interest (CHVI). 1.3 In January 2009, Council listed the property on the Municipal Heritage Register under section 27 of the OHA. The property included 18 buildings at that time. The Heritage Triple Dormitory Building Page 73 Municipality of Clarington Page 4 Report PDS-052-23 Committee conducted a review of the buildings on the property, and subsequently passed a motion recommending Council remove certain buildings from the Municipal Register given their lack of historical significance. Those buildings that were removed from the Municipal Register have since been demolished, leaving the six remaining buildings: Jury House, Cafeteria, Kiwanis House, Gymnasium (natatorium), Hospital/Infirmary, and Triple Dormitory. Camp 30 is designated as a National Historic Site of Canada 1.4 In April 2013, the property was designated as a National Historic Site of Canada by the Historic Sites and Monuments Board of Canada. The designation recognizes property containing the ring road and six remaining buildings, including the Triple Dormitory building, for its historical significance, prairie-style architecture and campus-style setting. Council designated the Camp 30 site and buildings under the Ontario Heritage Act 1.5 In 2018, Council passed By-law 2018-001, designating the property under Section 29 of the Ontario Heritage Act (PSD-080-17). The site’s cultural heritage value or interest (CHVI) resides in its collection of distinct structures laid out in a campus-like plan around a ring road, grassy fields, vegetation, and mature trees. It is designated for its historical/associative, aesthetic/design and contextual values. The Statement of Significance included in the By-law identifies and lists the site's CHVI and character- defining buildings and features. The Triple Dormitory building is listed as a significant attribute and character-defining building contributing to the CHVI of the site. It is also specifically noted for its hipped roof over the clerestory windows. Figures 2,3,4 and 5, below depict the Triple Dormitory building as it was in the historical photograph, in 2009, and more recently in 2014, respectively. Page 74 Municipality of Clarington Page 5 Report PDS-052-23 Figure 2: Historical photograph of Triple Dorm as seen from the southwest Figure 3: Triple Dorm building in 2009 Page 75 Municipality of Clarington Page 6 Report PDS-052-23 Figure 4: Triple Dormitory building in 2014 Figure 5: Triple Dormitory building in 2014 Page 76 Municipality of Clarington Page 7 Report PDS-052-23 The Camp 30 property is identified in Clarington’s Official Plan as a Special Policy Area 1.6 The subject property is identified as a Special Policy Area (Special Policy Area F- Camp 30) under Section 16.7 of the Clarington Official Plan, directing the development of a community vision and urban design plan for the long-term use of the lands. Special Policy Area F includes the five buildings located inside the ring road, which are intended to form part of a municipal-wide park and the Triple Dormitory located outside the ring road. Council accepted the community vision, Master Plan, and Design Guideline developed for the Camp 30 property 1.7 In November 2020, Council accepted the Master Plan, Design Guidelines and the community vision (PSD-051-20) prepared by DTAH for Special Policy Area F. The Design Guidelines provide direction to conserve the designated heritage site and adaptively reuse the remaining six buildings, including the Triple Dormitory. Council passed Resolution # C-492-20, giving the direction: That Report PSD-051-20 be received; That the Community Vision for Jury Lands, Urban Design Master Plan + Design Guidelines for former Ontario Boys Training School and WWII Prison of War Camp 30 by DTAH dated April 2019 be accepted; That Official Plan Amendment 121 and the Block Master Plan implement the Community Vision by DTAH; That Official Plan Amendment 121 prohibit private residential development buildings within the ring road of the Jury Lands; That the consulting team for Soper Hills Secondary Plan be retained to assist with refining draft Official Plan Amendment No 121; That Staff continue to work with the land owners on other issues to be brought forward a subsequent report; and That all interested parties listed in Report PSD-051-20 and any delegations be advised of Council’s decision. Council adopted Official Plan Amendment 121 to the Clarington Official Plan. OPA 121 was developed in consultation with the landowner and directs the implementation of the community vision for the Camp 30 property 1.8 In December 2021, Council adopted a municipally-initiated amendment (PDS-044-21) to the Clarington Official Plan for Special Policy Area F – Camp 30. Official Plan Amendment (OPA) 121 includes policies that direct the implementation of the endorsed community vision and Block Master Plan, and Urban Design Guidelines for the Page 77 Municipality of Clarington Page 8 Report PDS-052-23 redevelopment of the designated Camp 30 site. Official Plan Amendment (OPA) No. 121(PDS-051-21) was approved in January 2022. 1.9 The Clarington Official Plan, as amended by OPA 121, states the following with respect to the Camp 30 Special Policy Area F in general and the Triple Dormitory building, which falls within the Medium Density Residential – Heritage designation: Special Policy Area F is the site of the former Bowmanville Boys Training School and World War II prisoner of war camp known as Camp 30. Approximately 10 hectares of this land and buildings have cultural heritage significance, which includes being designated by the National Historic Sites and Monument Board. The Municipality has consulted and will continue to work with the landowners of Special Policy Area F, the Jury Lands Foundation, other levels of government, and interested parties to:  Implement “The Jury Lands, Bowmanville, Special Policy Area F: Urban Design Master Plan + Design Guidelines”, dated April 12, 2019, by DTAH, as the Urban Design Guidelines which sets out the principles of the community vision, for the long term use of the subject lands while respecting the nationally designated cultural heritage landscape.  Implement the community vision of the Urban Design Guidelines and build upon the designation of the National Historic site, in accordance with the National Historic Sites and Monument Act and under Part IV (individual) of the Ontario Heritage Act, by establishing mechanisms to protect the cultural heritage value of Camp 30/The Jury Lands and support its ongoing conservation in alignment with the cultural heritage landscape status of Camp 30 reflected in Section 16.7.8. 1.10 In accordance with the Official Plan, a Heritage Impact Assessment, including a view assessment, shall be conducted prior to any development within the Medium Density Residential – Heritage designation to identify where new buildings can be located, along with their relative heights and massing required to conserve the elements ident ified in the National and local cultural heritage designations. The Triple Dormitory building is identified as a significant attribute in the applicable designation by-law. 1.11 The Block Master Plan (Figure 6, below) forms part of the approved OPA 121. The Block Master Plan identifies the designated heritage buildings and establishes the land use pattern to guide development within Special Policy Area F. Page 78 Municipality of Clarington Page 9 Report PDS-052-23 Figure 6. Schedule of the Official Plan Amendment No. 121 Page 79 Municipality of Clarington Page 10 Report PDS-052-23 The property owner submitted development applications proposing the demolition of the Triple Dormitory building 1.12 In April 2022, the property owner submitted a Zoning By-law Amendment and Draft Plan of Subdivision application for the redevelopment of the subject lands. The applications propose the demolition of the Triple Dormitory building. A Heritage Impact Assessment (HIA) -Addendum by Letourneau Heritage Consulting Inc., dated March 2022, was submitted in support of the applications. The HIA Addendum identifies the impacts of the proposed development on the designated heritage property, indicating the removal of the Triple Dormitory would negatively impact the cultural heritage integrity of the Camp 30 site. The HIA Addendum does not provide an opinion as to whether the Triple Dormitory building should or should not be allowed to be demolished . 1.13 In May 2022, GBCA Architects was retained by the Municipality to conduct a peer review of the HIA Addendum submitted by the applicant in support of the development applications. The Peer Review concluded:  That the HIA Addendum and its recommendations are generally consistent with the directions outlined in the policies that apply to the site , save for the disposition of the Triple Dormitory building.  The HIA acknowledges the importance of the Triple Dormitory and the implications of its loss but does not provide sufficient justification for its removal . The Peer Review Recommended:  The Triple Dormitory be retained, given its contribution to the cultural herit age value or interest of the site, and integrated into the new development. 1.14 The development applications were circulated to the Heritage Committee. C. Borgal of GBCA Architects presented the Peer Review to the Heritage Committee in September 2022. At its meeting on November 15, 2022, the Heritage Committee passed a motion recommending to Council that the Triple Dormitory building be retained and incorporated into the development design. Comments to this effect were provided to the applicant in response to the proposed development applications. 1.15 A chronology of events is included as Attachment 1. 2. Ontario Heritage Act and Heritage Permit Application 2.1 The Ontario Heritage Act requires the owner of a designated property to obtain Council approval for the demolition of structures or parts thereof that affect the designated heritage cultural heritage value or interest. Page 80 Municipality of Clarington Page 11 Report PDS-052-23 2.2 On June 8, 2023, the property owner submitted the subject Heritage Permit Application proposing to demolish the Triple Dormitory building, as required under the Ontario Heritage Act for properties designated under Section 29 (Attachment 2). Documents submitted in support of the Heritage Permit Application include:  Heritage Permit Cover Letter  Visual Inspection Report by ATKINS + VAN GROLL INC, dated February 2019  Preliminary Assessment for Designated Substances Report by Maple Environmental Inc, dated April 2023  Class D Budget by CITI- CORE, dated May 2023  Heritage Impact Assessment by LHC, dated April 2020; and  Heritage Impact Assessment Addendum by LHC, dated March 2022 2.3 A notice of complete application was issued on August 4, in accordance with the requirements of the Ontario Heritage Act, triggering the prescribed 90-day period for Council’s decision. As per the Act, the Heritage Committee must be consulted prior to Council’s consideration of a heritage permit application. The Heritage Committee reviewed and considered the Heritage Permit Application and the above-noted supporting materials at its meeting on September 19, 2023. 2.4 After considering the Committee’s recommendation, a decision on the Heritage Permit Application is required by Council. A 30-day appeal period will start after Council ratifies the decision at the Council meeting on October 30, 2023, within which the applicant will have an opportunity to appeal the decision to the Ontario Land Tribunal (OLT). 3. Consultation with Clarington Heritage Committee 3.1 As noted in Section 1 above, the Heritage Impact Assessment (HIA), dated April 2021 and the HIA Addendum, dated March 2022, prepared by LHC were circulated to the Heritage Committee as part of the review of the development applications for the Draft Plan of Subdivision and Zoning By-law Amendment. 3.2 The Peer Review on the HIA Addendum conducted by GBCA Architects was presented to the Committee in September 2022. After consideration of the information, Heritage Committee passed Motion 22.45 (CHC Meeting Minutes) at its November 2022 meeting, as follows: That the Committee agrees with the conclusions and recommendations of the peer review of the 2020 Lambs Road HIA undertaken by C. Borgal, which also align with the objectives of the Heritage Committee’s past work evaluating the subject site. The Committee recommends to Council that the Triple Dormitory building be retained and incorporated into the development design . Page 81 Municipality of Clarington Page 12 Report PDS-052-23 3.3 On June 8, 2023, upon receipt of the Heritage Permit Application proposing to demolish the Triple Dormitory Building, the Application and supporting materials submitted by the applicant were circulated to the Heritage Committee for review. A Memo was provided to the Heritage Committee summarizing site context, background about the Ontario Heritage Act and Heritage permit application processes. (Attachment 3) 3.4 The subject Heritage Permit application was considered by the Heritage Committee at its meeting on September 19, 2023. The applicant was notified of and invited to the meeting but did not attend. Marilyn Morawetz, representing the Jury Lands Foundation, requested a delegation to speak to the Committee. A letter from Mr. Todd Tremeer (Attachment 4) from the Jury Lands Foundation was submitted and circulated to the Committee as a correspondence. 3.5 At its meeting on September 19, 2023, after consideration of the available information and a discussion, the Clarington Heritage Committee passed motion 23.32 (Attachment 5). That the Committee recommends to Council: The Heritage Permit Application (File Number HPA2023 -009), proposing the demolition of the Triple Dormitory building at the property known as Camp 30, not be supported based on the evaluation of the cultural heritage value or interest of the property as established in Designation By-law 2018 – 001 passed in accordance with Section 29 of the Act and the criteria for designation listed under Ontario Regulation 9/06. 4. Discussion 4.1 In 2013, the subject property was designated as a National Heritage Site, recognizing its time as the Bowmanville Boys Training School and Camp 30, as well as its architectural significance. The National designation was pursued with the support of the current property owner. 4.2 Council designated the property under the Ontario Heritage Act in 2018 by By-law 2018- 001 in support of the long-term conservation of its cultural heritage value. The designation includes the six buildings, surrounding campus-like setting, and identified landscapes, views, and vistas. The current property owner participated in the designation process at that time and did not object to the passing of the designation by- law, which included the Triple Dormitory. The six designated buildings are established as contributing attributes to the CHVI of the site. Page 82 Municipality of Clarington Page 13 Report PDS-052-23 4.3 After consultation with the current property owner, OPA 121 was adopted by Council in December 2021, and approved in early 2022 without appeal. OPA 121 resulted in official plan policies specific to the Camp 30 Special Policy Area F directing the development of the subject lands in accordance with the community vision, building upon the designation of the National Historic site and Ontario Heritage Act designation to protect the cultural heritage value of Camp 30/The Jury Lands and support its ongoing conservation. 4.4 The HIA- Addendum prepared by the applicant and submitted as part of the subject Heritage Permit application was previously submitted in support of the above-noted development applications. As mentioned, the HIA Addendum was circulated to the Clarington Heritage Committee, and was peer reviewed by a heritage consultant retained by the Municipality. Comments on the development applications were provided to the applicant, including: (i) there was insufficient justification included in the HIA – Addendum for the removal of the Triple Dormitory building and the resulting loss of and impact to the cultural heritage value to the site; (ii) the development proposal should be revised to retain the Triple Dormitor y, and adaptive reuse of the building should be explored , and (iii) revisions to the HIA-Addendum would be required as part of any proposed Heritage Permit application for proposed alterations. 4.5 In support of the subject Heritage Permit application proposing to demolish the Triple Dormitory building, the applicant submitted a visual inspection report, a designated substances assessment, a budget assessment, and the existing HIA-Addendum, dated March 2022. The HIA – Addendum was unchanged from the version submitted as part of the 2022 development applications. 4.6 The ‘Remaining Buildings at Pine Ridge/Camp 30 Visual Inspection Report ’, prepared by Atkins + Van Groll, dated February 2019 cited areas of deterioration, damage from extensive water leakage, and corrosion of steel in one location. The report notes the buildings have not been occupied and have remained unheated in recent yea rs. The report also acknowledges its limitations given that much of the building was not visible during the inspection. Based on what was visible, the damage to the Triple Dormitory structure was suggested to be repairable and replaceable. 4.7 The ‘Preliminary Assessment of Designated Substances’ prepared by Maple Environmental Inc., dated April 2023 was undertaken to identify possible hazardous building materials that would be disturbed if the Triple Dormitory is to be renovated or demolished. The Assessment also noted limitations given certain components of the building were not accessible at the time of assessment. The Assessment indicated the Page 83 Municipality of Clarington Page 14 Report PDS-052-23 presence of mould throughout the drywall finishes and ceiling tiles within the building, attributing it to the long duration of the building being unoccupied and the significant damage to the roof. While the Assessment did not appear to confirm the presence of asbestos, it does note suspected asbestos containing materials may be present in concealed or inaccessible areas of the building. The Assessment makes recommendations for the removal of the designated substances. 4.8 Staff acknowledges the challenges to the adaptive reuse of the building that are outlined in the supporting materials, and the costs associated with addressing them. However, the above-mentioned situations are not uncommon for redevelopment projects with adaptive re-use components. The supporting materials do not appear to conclude the Triple Dormitory building is beyond repair. The loss of the heritage value and interest that would result from allowing the removal of a designated building is not sufficiently justified. 4.9 Planning and Infrastructures Services staff had a discussion with the applicant to understand if there was opportunity to pursue alternative solutions to demolition that would enable the building or a portion thereof t o be adaptively reused and incorporated into redevelopment of the site. The applicant advised , while they have explored alternatives, the contamination as outlined in the sup porting materials and the costs associated with such alternatives, they see the proposed demolition as the only option. 4.10 Clarington’s Property Standards By-law 2007-030, being a by-law for the maintenance and occupancy of all property, specifically recognizes Designated Heritage Buildings and properties designated under the Ontario Heritage Act. The By-law requires the owner of a heritage property to maintain, preserve and protect its heritage attributes , including protecting the structures and buildings on the property against risk of fire, weather, neglect, intentional damage or damage by other causes. 4.11 The buildings on the site have sustained significant vandalism and exposure to weather and environmental conditions over the last decade. The deterioration of the Triple Dormitory to its current condition as cited in the reports submitted by the applicant in support of the proposed Heritage Permit application could in part be attributed to a lack of property maintenance which may contribute to the cost of restoration and adaptive reuse. 4.12 The Triple Dormitory building is identified as a significant and integral part of the cultural heritage value and interest of Camp 30 property. It has already been established that there is CHVI recognized nationally, provincially and locally through federal and local designations. The HIA Addendum, as per the Peer Review by GBCA, did not sufficiently justify the proposed demolition. Page 84 Municipality of Clarington Page 15 Report PDS-052-23 4.13 The proposed Heritage Permit application to demolish the Triple Dormitory building is recommended to be refused based upon the following considerations: i) The Municipality encourages the conservation and protection of significant heritage resources through the Clarington Official Plan; ii) Over the years, Council commitments to the conservation of the former Boys Training School/Camp 30 heritage site include identifying the property as a Special Policy Area in the Clarington Official Plan, adopting Official Plan Amendment No. 121, endorsing the Urban Design Guidelines and the community vision to preserve the heritage components and value of the site, and designating the property, including the Triple Dormitory building, under the Ontario Heritage Act; iii) The evaluation of the proposed demolition of a designated building is based upon the cultural heritage value or interest of the attribute and its contribution to the overall value of the property. As per the GBCA Peer Review of the HIA- Addendum, the proposed demolition of the Triple Dormitory building is not consistent with the objectives and policies of the Municipality with respect to planning and heritage. The Triple Dormitory building holds as much significance as the five other designated buildings on the property, and its contributions related to its history and associations with events and people may make it more so. 5. Financial Considerations 5.1 There are no direct financial considerations associated with the Ontario Heritage Act process outlined in this report. 5.2 There may be indirect financial impacts to the Municipality associated with the Ontario Land Tribunal process if the property owner chooses to exercise appeal rights associated with Council’s decision on the Heritage Permit Application. 6. Concurrence 6.1 The Deputy CAO/Treasurer has reviewed this report and concurs with the information. 7. Conclusion 7.1 The purpose of this report is to consider a Heritage Permit Application to demolish the Triple Dormitory Building (former Boys Training School/Camp 30) submitted for 2020 Lambs Road, being a property designated under Section 29 of the Ontario Heritage Act. Page 85 Municipality of Clarington Page 16 Report PDS-052-23 7.2 The Municipality has worked with the current property over the years towards the development of a long-term vision for the development of the lands, alongside the conservation of the nationally designated heritage site. 7.3 The Triple Dormitory building is a designated heritage structure recognized by By-law 2018 passed by Council under Part IV, Section 29 of the Ontario Heritage Act. Based upon the findings of the HIA-Addendum submitted by the applicant and the Peer Review of the document, the building remains a contributing attribute to the cultural heritage value or interest of the site. The HIA Addendum, peer-reviewed by GBCA, and additional supporting materials did not sufficiently justify the proposed demolition as the only option. 7.4 In accordance with the Ontario Heritage Act, the Clarington Heritage Committee was consulted on the proposed Heritage Permit application. Upon its consideration of the application, the Committee has recommended that to Council that the application be refused. 7.5 It is respectfully recommended that the Recommendations be adopted as presented. Staff Contact: Jane Wang, Planner II, 905-623-3397 ext.2411 or jwang@clarington.net; Sarah Allin, Principal Planner, 905-623-3379 ext.2419 or sallin@clarington.net; Lisa Backus, Manager, 905-623-3379 ext. 2419 or lbackus@clarington.net. Attachments: Attachment 1 – Chronology of Events Summary Attachment 2 – Heritage Permit Application cover letter by Lambs Road School Property Ltd. Attachment 3 – Memo to CHC, dated September 19, 2023 Attachment 4 – Letter from Todd Tremeer, the Jury Lands Foundation Attachment 5 – Clarington Heritage Committee Meeting Minutes of September 19, 2023 Interested Parties: List of Interested Parties available from the Department. Page 86 Attachment 1 to PDS-052-23 Jury Lands (Camp 30) Chronology of Events Summary Time Items Reports/Documents Feb 2009 Property and all buildings added to the Municipal Heritage Register PSD-016-09, municipal register.pdf July, 2009 Council receives a petition with 800 signatures Minutes October, 2009 12 buildings were removed from the Municipal Register, six remaining buildings continue to be listed on the Register PSD-099-09, allows demolition of some bldgs.pdf Sept 2011 Letter from owner endorsing National designation Letter April 2013 Announcement of National designation July 2014 Incorporation of Jury Lands Foundation (JLF) PSD-071-16, MOU for Jury Lands.pdf March 2015 Release of proposed Official Plan with Special Policy Area 16.7 Special Policy Area F - Camp 30 Clarington Official Plan October 2016 Official Plan, Special Policy Area F ratified by Council November 2017 Council designation by-law of property under the Ontario Heritage Act, including remaining six buildings, ring road, and surrounding area PSD-080-17, local heritage designation.pdf PSD-080-17, revised schedule for designation.pdf By-law 2018-001 June 2019 Present Urban Design Master Plan and Design Guidelines, prepared by DTAH PSD-029-19, presentation of urban design.pdf November 2020 Updates on draft OPA 121, Council acceptance of Urban Design Master Plan and Design Guidelines PSD-051-20, acceptance of urban design.pdf December 2021 Council adoption of OPA 121 which replaces Special Policy Area F with conditions for development, Legal Agreement is updated PDS-051-21, OPA 121 finalization by staff.pdf April 2022 Kaitlin submitted applications for Zoning amendment and Draft Plan of Subdivision (ZBA2022-0007 & S-C- 2022-0005) Public Meeting Report June 8, 2023 Kaitlin submitted the Heritage Permit Application to propose to demolish the Triple Dorm Building Page 87 Attachment 1 to PDS-052-23 August 4, 2023 The Notice of complete application was issued September 19, 2023 The Heritage Permit Application was reviewed and discussed in Heritage Committee meeting. Committee recommendation to Council Draft meeting minutes as attachment 5 to the Report Page 88 June 8, 2023 Submitted Electronically Clarington Heritage Municipality of Clarington 40 Temperance St. Bowmanville ON L1C 3A6 905-623-3379 ext. 2411 Dear Mayor Foster and Members of Council, Cc: Clarington Heritage Committee Re: 2020 Lambs Road – Heritage Permit Application Lambs Road School Property Ltd. Lambs Road School Property Ltd. (LRSP) is hereby submitting a Heritage Permit Application for the demolition of the “Triple Dorm” building, located in what is commonly referred to as the “Camp 30” site, in Bowmanville, Ontario. This consent is being requested of the Clarington Municipal Council. The following information and attachments are being submitted to provide background to the Heritage Committee and to satisfy the requirements of Ontario Heritage Act as augmented by the Municipality of Clarington. This application references related development applications, which themselves are supported by a myriad of technical studies and reports. If Clarington Council, Heritage staff or Committee are interested in reviewing those documents, Clarington Planning & Development Services will have all the files but we can also make copies of those materials available to Council and the Heritage Committee if so desired. Contact information of applicant Lambs Road School Property Ltd. 220 Duncan Mill Road, Suite 315 North York, ON M3B 3J5 Attn: Devon Daniell ddaniell@kaitlincorp.com 905-642-7050 x120 Description of Property to be demolished The “Triple Dorm” building is located on a portion of the approximately 42.5 ha parcel of land owned by LRSP at the northwest corner of Concession Street East and Lambs Road in Bowmanville that is municipally known as 2020 Lambs Road and legally described as Part of Lot 7, Concession 2, former Township of Darlington, now in the Municipality of Clarington, Region Municipality of Durham, designated as Part I on Plan 10R-83 save and except Part 2 on Plan 10R-925. Atttachment 2 to PDS-052-23 Page 89 Figure 1 – Camp 30 site from Google Earth, Triple Dorm circled in red The Triple Dorm is an approximately 14,470 sqft, 1-storey building with a partial basement. Figure 2 - Triple Dorm Floorplan Page 90 Photographs of the Property Figure 3 - Photograph of Triple Dorm looking west Figure 4 - Photograph of Triple Dorm looking north Page 91 Figure 5 - Photograph of Triple Dorm looking north-east Figure 6 - Photograph of Triple Dorm looking east Page 92 Figure 7 - Photograph of Triple Dorm looking east Figure 8 - Photograph inside Triple Dorm Page 93 Figure 9 - Photograph inside Triple Dorm Figure 10 - Photograph inside Triple Dorm Page 94 Figure 11 - Photograph inside Triple Dorm Page 95 Brief History of Park and Development plans within Camp 30 Site In 2016 LRSP and Clarington entered into an agreement that would see the dedication of a portion of the Camp 30 site to the municipality and the processing of development applications on other portions. Figure 12 – excerpt from 2016 agreement showing dedicated portion vs retained lands within the ring road Figure 13 – excerpt from 2016 agreement showing area of proposed development within the ring road Page 96 Sometime shortly after the agreement was signed, Clarington planning staff expressed a desire to see no further development within the ring road, as that was the most important heritage attribute. After many years of debate and negotiation a compromise was reached and an amendment to the original 2016 agreement was made in late 2021. The key points of the amendment as it relates to the park and development were that: a) Area of dedication would be changed to cover everything within the ring road, plus an entrance out to Lambs road. The first portion was transferred upon execution of the amendment b) Development would be permitted within the two areas outside the ring road, adjacent to Lambs Road c) Clarington would bring forward modifications to OPA 121 to reflect the above d) Clarington would expeditiously process the associated development applications Figure 14 – New area of dedication, now encompassing all of the area within the ringroad. The first parcel including the cafeteria building has already been transferred Page 97 Figure 15 – development concept submitted with development applications and used as the basis for OPA 121 Page 98 Figure 16 – Land use map from OPA 121, passed by Council in late 2021, which reflects the new medium density residential designation where the Triple Dorm is, as per agreement and applications submitted. Reason for Demolition of Property This request for demolition stems from serious structural and environmental issues that precludes its conservation. These include: 1 – The Building has significant contamination and has structural issues - In February 2019, an engineer from Atkins Van Groll performed a visual inspection of many buildings at Camp 30, including the Triple Dorm (see attachment #1). Observations were only visual without disturbing walls further but included: o deterioration of the multi-wythe load bearing brick and exterior wall, Page 99 o many large voids and openings allowing excessive water leakage o Ice observed on large portion of the building o Steel intel in a load bearing wall had corrosion In April 2023, Maple Environmental performed a survey of Designated Substances, PCBs and mould within the site (see attachment #2). This preliminary study found the existence of a number of troubling items including: o Asbestos on exterior stucco walls o Asbestos in panels within the building o Asbestos in mechanical insulations o Significant mould growth all over the building, including all drywall, ceiling tiles, roof o Silica o Mercury vapor and liquid mercury o Suspected further asbestos and mould in areas that were not accessible to the experts on the day of their inspection including the roof, boilers, concealed floor coverings, etc 2 – The retention of the existing building is cost prohibitive. Rehabilitation of heritage buildings can be a very expensive endeavor. This is even more so when the building has extensive structural and contamination issues, as noted above. This project, based upon our cost estimates, is projected to surpass $19,000,000 (see attachment #3). Neither LRSP nor any other entity can make a successful business case for the refurbishment or adaptive reuse of this building at that price. 3 – Demolition is supportable from heritage perspective with the right mitigations As part of the applications made to develop around the Camp 30 property, a Heritage Impact Assessment was undertaken by LHC Heritage Planning and Archaeology Inc. (see attachment #4). This comprehensive report identifies that removal of the Triple Dormitory building is an adverse impact on the cultural heritage site through demolition of a heritage attribute. We acknowledge that this involves demolition of a heritage attribute. However, as per the above, there are severe limitations to feasibly retaining the existing structure. The LHC report identifies measures to mitigate this loss including; preparation of a documentation and salvage report of the building, and that the new building proposed for this location be designed based on guidance from the Jury Lands, Bowmanville / Special Policy Area F Urban Design Master Plan and Design Guidelines. Page 100 4 – Demolition is consistent with OPA 121 and the Amended Agreement As outlined above, there is an existing legal agreement in place to process the development applications. This is a necessary step which will lead to the transfer of over 11.26 acres of parkland and 62.34 acres of open space to Clarington. This demolition permit for the Triple Dorm is consistent with the decision made by Council and necessary for the development of this site and satisfaction of the agreement which was amended in late 2021. Access to Site LRSP acknowledges (as per Clarington Heritage Permit application form) that Clarington Heritage Staff and members of the Clarington Heritage Committee may visit the property. LRSP is willing to coordinate an opening of an entrance if requested. However, as per the designated substances report, Staff and committee members are hereby advised that the building is known to contain a number of significant designated substances including asbestos, lead and mould. LRSP will assume no liability related to requested visits to the property and requests to be listed as an addition insured on the Municipalities insurance policy should a site visit take places. LRSP advises staff and committee members that they will need to take appropriate measures to protect themselves with appropriate respirators and PPE accordance with WSIB standards, and requirements from your insurer. List of attached Supporting Documents Attachment #1 – Engineer Visual Inspection Report Attachment #2 – DSS report Attachment #3 – Class D Budget Attachment #4 – Heritage Impact Assessment Attachment #5 – HIA Addendum I hope that this letter and attachments are helpful to assist Council in their decision on this heritage permit application for the Triple Dorm. If there are any additional questions please don’t hesitate to reach out to me directly. Thank you, Devon Daniell On behalf of Lambs Road School Property Ltd. Page 101 MEMO The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6 1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. To: Clarington Heritage Committee From: Jane Wang, Sarah Allin, Lisa Backus Planning and Infrastructure Services Date: September 18, 2023 File No.: PLN 34; HPA2023-009 Re: Heritage Permit Application Proposing to demolish Triple Dormitory Building (Camp 30); 2020 Lambs Road, Bowmanville Purpose of Memo The purpose of this memo is to provide a summary of information that may be helpful to the Heritage Committee in its consideration of the Heritage Permit Application and the Notice of intent to demolish received for the Triple Dormitory Building on the property at 2020 Lambs Road. The property is designated under Section 29 of the Ontario Heritage Act by the Municipality of Clarington (By-law 2018-001) and was recognized as a National Historic Site by the Historic Sites and Monuments Board of Canada in 2013. Site Context The subject site is located at the northwest corner of Lambs Road and Concession Street East in Bowmanville. The site is approximately 42.5 hectares (105 acres) in total. However, the designated buildings and attributes are concentrated to the central portion of the site, encompassing the six structures in an open landscape around an internal ring road system, as shown in Figure 1. The Triple Dormitory building is one of six designated buildings on the property. Attachment 3 to PDS-052-23 Page 102 Camp 30 Triple Dormitory HPA File No. 2023-009 Page 2 The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6 1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net Figure 1: Location Map and Aerial – 2020 Lambs Road – Triple Dormitory Building In January 2009, the property was listed on the Municipal Heritage Register. At that time, the property included 18 buildings. In September 2009, the buildings on the property were reviewed with the Heritage Committee, and as a result of the review, the Committee passed a motion recommending Council remove certain buildings from the Municipal Register given their lack of historical significance. Those buildings that were removed from the Municipal Register have since been demolished, leaving the six remaining buildings: Jury House, Cafeteria, Kiwanis House, Gymnasium (natatorium), Hospital/Infirmary, and Triple Dormitory. Page 103 Camp 30 Triple Dormitory HPA File No. 2023-009 Page 3 The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6 1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net In April 2013, the property containing the ring road and six remaining buildings, including the Triple Dormitory, was designated as a National Heritage Site for its historic value and architectural significance. The property was donated by John H. H. Jury to build the former government owned and operated Bowmanville Boys Training School which opened in 1925 and provided education and professional training to boys. In 1940, the property became a Prisoner of War Camp (Camp 30) during the Second World War. The property was designated for its historical significance, prairie-style architecture and campus-style setting by the Historic Sites and Monuments Board of Canada in 2013. In 2018, the property was designated under Section 29 of the Ontario Heritage Act by the Designation By-law 2018-001. (PSD-080-17) The heritage value of the site resides in its collection of distinct structures laid out in a campus-like plan around a ring road, grassy fields, vegetation, and mature trees. It is designated because of its historical/associative, aesthetic/design and contextual values. The Statement of Significance and Schedule B included in the By -law identifies and lists the cultural heritage value or interest of the site and character-defining buildings and features, including the Triple Dormitory Building, which is noted specifically for its hipped roof over the clerestory windows. In 2018, the property was identified as a Special Policy Area (Special Policy Area F. Camp 30) under Section 16.7, in the Clarington Official Plan. In November 2020, Council accepted and endorsed the Block Master Plan, Urban Design Guidelines and the community vision (PSD-051-20) prepared by DTAH for Special Policy Area F, as directed by the Clarington Official Plan. The Special Policy Area F includes the five buildings located inside the ring road, which are intended to form part of a municipal- wide park and the Triple Dormitory located outside the ring road. The Design Guidelines provide direction to conserve the designated heritage site, and adaptively reuse the remaining six buildings, including the Triple Dormitory. In December 2021, Council adopted a municipally-initiated amendment (PDS-044-21) to the Clarington Official Plan for Special Policy Area F. The Official Plan Amendment included policies that direct the implementation of the endorsed vision and Block Master Plan and Urban Design Guidelines for the redevelopment of the designated Camp 30 site. Official Plan Amendment (OPA) No. 121(PDS-051-21) was approved in January 2022. Specifically, section 16.7.5.2 of OPA 121 applies to the area of the property containing the Triple Dormitory building and states: A Heritage Impact Assessment including a view assessment, shall be conducted prior to any development within the Medium Density Residential – Page 104 Camp 30 Triple Dormitory HPA File No. 2023-009 Page 4 The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6 1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net Heritage designation to identify where new buildings can be located, along with their relative heights and massing required to conserve the elements identified in the National and local cultural heritage designations. See the following Schedule of the Official Plan Amendment No.121. Page 105 Camp 30 Triple Dormitory HPA File No. 2023-009 Page 5 The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6 1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net Page 106 Camp 30 Triple Dormitory HPA File No. 2023-009 Page 6 The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6 1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net In April 2022, the property owner submitted a Zoning By-law Amendment and Draft Plan of Subdivision application for the redevelopment of the subject lands. The application proposes the demolition of the Triple Dormitory. The Heritage Impact Assessment-Addendum by Letourneau Heritage Consulting Inc., dated March 2022, was submitted to support the applications. The HIA Addendum identifies the impacts of the proposed development on the designated heritage property, indicating the removal of the Triple Dormitory would negatively impact the cultural heritage integrity of the Camp 30 site but does not provide an opinion as to whether the Triple Dormitory building should or should not be allowed to be demolished. In May 2022, Mr. Chris Borgal from GBCA Architects was retained by the Municipality to conduct a peer review of the submitted HIA Addendum. The Peer Review concluded: • That the HIA Addendum and its recommendations are generally consistent with the directions outlined in the policies that apply to the site. • The HIA acknowledges the importance of the Triple Dormitory and the implications of its loss but does not provide sufficient justification for its removal. The Peer Review Recommended: • The Triple Dormitory be retained, given its contribution to the cultural heritage value or interest of the site, and integrated into the new development. Mr. Chris Borgal appeared as a delegation at the September 2022 Clarington Heritage Committee meeting and presented the draft Peer Review Report at the meeting. At its November 2022 meeting, the Heritage Committee passed Motion 22.45 (CHC Meeting Minutes) That the Committee agrees with the conclusions and recommendations of the peer review of the 2020 Lambs Road HIA undertaken by C. Borgal, which also align with the objectives of the Heritage Committee’s past work evaluating the subject site. The Committee recommends to Council that the Triple Dormitory building be retained and incorporated into the development design. On June 8, 2023, the property owner submitted the Heritage Permit Application to demolish the Triple Dormitory Building, as required under the Ontario Heritage Act for properties designated under Section 29. Documents submitted in support of the Heritage Permit Application include : • Heritage Permit Cover Letter • Visual Inspection Report by ATKINS + VAN GROLL INC, dated February 20019 • Preliminary Assessment for Designated Substances Report by Maple Environmental Inc, dated April 2023 • Class D Budget by CITI- CORE, dated May 2023 Page 107 Camp 30 Triple Dormitory HPA File No. 2023-009 Page 7 The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6 1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net • Heritage Impact Assessment by LHC, dated April 2020; and • Heritage Impact Assessment Addendum by LHC, dated March 2022 The Municipality issued a notice of complete application on August 4, in accordance with the requirements of the Ontario Heritage Act, triggering the prescribed 90-day period for Council’s decision. As per the Act, the Heritage Committee must be consulted prior to Council’s consideration of a heritage permit application. After consulting with the Heritage Committee, Council may: • Approve the Heritage Permit Application allowing the demolition as requested, • Approve the Heritage Permit Application allowing the demolition subject to certain terms and conditions, • Refuse the Heritage Permit Application and the Intent to Demolish. After the Heritage Committee is consulted at its meeting on September 19, a recommendation report to Council will be presented at the Planning and Development Committee meeting on October 23, 2023. A 30-day appeal period will start after Council ratifies the decision made by the Committee at the Council meeting on October 30, 2023, within which the applicant will have the opportunity to appeal the decision to the Ontario Land Tribunal (OLT). Conclusion The purpose of this memo is to provide a summary of information that may be helpful to the Heritage Committee in its consideration of the Heritage Permit Application and the Notice of Intent to Demolish received for the Triple Dormitory Building at the property located at 2020 Lambs Road in Bowmanville. The property is currently designated under s.29 of the Ontario Heritage Act. Page 108 The Triple Dorm should be saved.The Triple Dorm is an integral part of this site’s reform school and wartime history.The Property Developer has allowed this historically designated Triple Dorm building to deteriorate through neglect and now it’s the same property developer who argues the building is beyond repair.If ‘failure to preserve’is accepted as a rationale to remove one building can this same rationale then be applied to other buildings on the Jury Lands/Camp 30? As Canadians we often travel abroad to experience other country’s cultural-historical sites and events.We attend their Arts events and enjoy their parks and eateries but neglect our own with remarks like;‘Canada’s too young to have a history’and ‘our history is the history of other places.’As Canadians we’ve depended on American Hollywood films to teach us about the World Wars and Native issues.Many of us knew little about First Nation Residential Schools until a few years ago;today few of us know much about Reform Schools and their histories.There are bad stories associated with this reform school--there are bad sides to most histories-- but conflicting narratives should be told and not removed from history. Triple Dorm -Physical Presence Although the original front entrance may have once laid across the valley to the east,the view from Lambs Road has represented the ‘Old Training School’for at least a generation.Loss of the Triple Dorm means the Jury Lands site loses its visibility from Lambs Road just when this road becomes a major traffic corridor. Without the Triple Dorm’s footprint on Lambs Road,the Jury Lands site risks becoming landlocked and invisible to the public. The Ring Road -Site Integrity The Triple Dorm faces the Ring Road and dominates this circular path.If the Triple Dorm is lost,what prevents the Ring Road from becoming a thoroughfare to developments to the north and south?How does a modern building that borders the Ring Road inadvertently influence the character of this culturally unique collection of buildings?If preserved--it is the Triple Dorm that separates and encloses this historical site from the new buildings planned to the south--ultimately the Triple Dorm protects this site’s historical integrity and future value as a community space. Todd Tremeer Jury Lands Foundation Board Member 14 Sept.2023 Attachment 4 to PDS-052-23 Page 109 **Subject to Advisory Committee Approval** Clarington Heritage Committee Meeting Minutes September 19, 2023 - 1 - If this information is required in an alternate format, please contact the Accessibility . Co-ordinator at 905-623-3379 ext. 2131 Minutes of the Clarington Heritage Committee held as a hybrid meeting in person at 40 Temperance Street, Bowmanville and via Microsoft Teams on September 19, 2023, at 7:00 PM. Members Present: Councillor Elhajjeh (until 8:30 pm), Peter Vogel, Steve Conway, Victor Suppan, Ron Sproule, Noel Gamble, Laura Thiel-Convery (Museum), Colin Maitland, Joseph Dalrymple, Steven Lawson. Myno Van Dyke (NVDHS), Ron Hooper Regrets: Sher Leetooze (NVDHS), Heather Graham, Jason Moore (ACO) Staff Present: Sarah Allin, Lisa Backus Planning and Infrastructure Services Guests: Marilyn Morawetz, Jury Lands Foundation 1 Declaration of Interest Joseph Dalrymple, as a member of the Jury Lands Foundation, stated a conflict of interest at this meeting. 2 Land Acknowledgement Statement P. Vogel read aloud Clarington’s Land Acknowledgement Statement. 3 Adoption of Agenda 23.30 By consensus That the Agenda of the Clarington Heritage Committee meeting on September 19, 2023, be adopted. “Carried” 4 Adoption of Meeting minutes 23.31 Moved by J. Dalrymple, Seconded by R. Sproule That the meeting minutes of the Clarington Heritage Committee meeting on June 20, 2023, be adopted. “Carried” J. Dalrymple left the meeting room due to a conflict of interest. Attachment 5 to PDS-052-23 Page 110 **Subject to Advisory Committee Approval** Clarington Heritage Committee Meeting Minutes September 19, 2023 - 2 - 5 Delegations/Presentations: 5.1 Marilyn Morawetz, Jury Lands Foundation Ms. Morawetz, on behalf of the Jury Lands Foundation, spoke to the Committee regarding the proposed demolition of the Triple Dormitory Building on the Camp 30 property, summarized as follows: The position of the Jury Lands Foundation that the Triple Dormitory Building should remain a significant element of the heritage site on which it sits. Camp 30 is federally designated as a National Historic. The Triple Dormitory building is an important part of the history and historical landscape of Camp 30 that attracts tourists’ interest. The heritage value has been acknowledged and evaluated through the developer’s Heritage Impact Assessment report and the Peer Review report prepared by heritage professionals. The removal of the Triple Dormitory would have a negative impact on the designated heritage site. This site, and this building in particular, are of national and international significance, and to demolish it due to the desire of the owners to better their unit numbers would be most unfortunate . The Heritage Impact assessment for the property owner stated that the Triple Dormitory Building limits opportunities to be modified for reuse as residential housing. However, the report did not state it could not be done. Repurposing the triple dormitory and integrating it into new development should be explored. There are many examples all over the world of historic structures that have been repurposed successfully. The Municipality states that it considers cultural heritage resources to be of value to the community and values them in land use planning. It is also supported by the Provincial Policy Statement. The Official Plan policies for the Camp 30 area have been adopted by Council. The DTAH consultant study has been adopted by Council in the principle, the design guidelines being enforced for new development. It is concerning that there may be a bias for demolition despite repeatedly stating through these reports that there will be a negative impact on the heritage story of the site if the triple dormitory is demolished. This site offers Clarington the unique opportunity to benefit from protecting the national and international heritage site. We have the opportunity to maintain the integrity of the site and the six remaining buildings, including the triple dormitory . In denying the demolition of the triple dormitory, we would have a chance to rebuild this once beautiful site, with the opportunity to bring new life into these designated heritage structures, we can honour all the significant history that has occurred here. A Letter from Todd Tremeer, Jury Lands Foundation Board Member, was also circulated to the Committee. Committee members asked questions, and acknowledged the buildings on the subject property are not in good condition. The safety issue of the buildings was Page 111 **Subject to Advisory Committee Approval** Clarington Heritage Committee Meeting Minutes September 19, 2023 - 3 - raised. Structural Assessment had been done a few years ago. It needs to be reassessed due to the natural process and vandalism activities. Ms. Morawetz indicated that the Jury Lands Foundation is retaining professionals to look into a broader approach to preserve the buildings on the property. The building is still valuable. Councillor Elhajjeh asked about the ownership of the property and property maintenance. The property, including the Triple Dormitory building is under the private ownership of the applicant. The Cafeteria building is under municipal ownership. The delegate noted the developer initially worked with the Jury Lands Foundation to protect the buildings for several years. Then the developer changed how they look after the property, and the situation declined for at least the last ten years. The CHC thanked M. Morawetz for the delegation. 6 Business Arising 7 Project Reports V. Suppan updated projects, site visits and evaluations he was working on, including the Zoo property, Bridge, Vanstone mill and others. Some reports will be submitted in the coming Committee Meetings. 8 Correspondence and Council Referrals: P. Vogel read the letter from Todd Tremeer, Jury Lands Foundation Board Member. (attached to minutes) 9 New Business: 9.1 Heritage Permit Application to demolish the Triple Dormitory Building (Camp 30 ) S. Allin gave the brief to the Committee about the Heritage Permit Application to demolish the Triple Dormitory Building (Camp 30). The existing six buildings, including the Triple Dormitory Building, were designated under s.29 of the Ontario Heritage Act. The designation By-law (2018-001) lists the significant attributes. The Triple Dormitory is identified as a contributor to the cultural heritage value of the Camp 30 site. The heritage permit application is required under the Ontario Heritage Act, where the demolition of a designated building is proposed. The subject Heritage Permit application proposing to demolish the Triple Dormitory building was submitted in June 2023. The Municipality issued a notice of complete application on August 4, 2023, in accordance with the requirements of the Ontario Heritage Act, triggering the prescribed 90-day period for Council’s decision. A memo of the property history, status and process under the Act was circulated to the Committee on September 18, 2023 (attached). Page 112 **Subject to Advisory Committee Approval** Clarington Heritage Committee Meeting Minutes September 19, 2023 - 4 - Committee members commented that the site possesses architectural, historical and contextual heritage significance, and the attributes still exist even condition of the buildings has deteriorated. S. Conway questioned how to define the financial hardship associated with the failure to maintain and preserve heritage properties. Members discussed not accepting the demolition application based on the heritage characteristics of the property of being well established and examined over the last three decades, and the fact that the property continues to meet the necessary the criteria for designation in accordance with the applicable legislation. This is a designated national heritage site with heritage value. 23.32 Moved by V. Suppan, seconded by S. Conway That the Committee recommends to Council: The Heritage Permit Application (File Number HPA2023-009), proposing the demolition of the Triple Dormitory building at the property known as Camp 30, not be supported based on the evaluation of the cultural heritage value or interest of the property as established in Designation By-law 2018 – 001 passed in accordance with Section 29 of the Act and the criteria for designation listed under Ontario Regulation 9/06. “Carried” Committee members emphasized that the Committee and the heritage conservation rely on property owners to take pride in their heritage properties and maintain the property. Demolition should not be the solution for neglecting properties and allowing properties to deteriorate. J. Dalrymple rejoined the meeting. 10 Reports from the Committees: - Bowmanville, Orono and Newcastle CIP: No update - ACO – Clarington Branch ACO is having their annual general meeting tonight. - NVDHS Two Summer students were hired for the digitization project this summer and processed about 8,000 pieces of information. The NVDHS was also involved in the 100th anniversary of the Community Hall. Hundreds of people came in on that particular day, July 29th, and they had building tours and lots of displays. All the events were really successful. - Museum Page 113 **Subject to Advisory Committee Approval** Clarington Heritage Committee Meeting Minutes September 19, 2023 - 5 - Normal operations are Tuesdays through Thursdays, 10:00 AM to 4:00 PM, and looking forward to a busy fall with spirit walks and Remembrance Day events coming up. - Heritage Conservation District A member of the Heritage Committee is required to sit on the board of the Heritage Conservation District. The matter will be discussed in the next meeting. Discussion on issuing letters on behalf of the Committee to acknowledge property owners’ commitment to maintaining the heritage properties. - Wilmot Creek Heritage Park - no update 11 Standing items: - 81 Scugog St Committee members updated that the property has been sold. - Fletcher Tree – no update Adjournment: 8:50 p.m. Next Meeting: October 19, 2023, 7:00 p.m. Page 114 October 17, 2023 VIA EMAIL Mayor's Office 40 Temperance Street Bowmanville, ON L1C SAG RE: 2020 Lambs Road - Heritage Permit Application - HPA2023-009 Dear Mayor Foster and Members of Clarington Council On June 8th 2023 we submitted a Heritage Permit Application for the demolition of the "Triple Dorm" building located on the Camp 30 site. I understand that a report on this application will be coming forward to P&D Committee on October 23, looking for an eventual Council decision on the application. I believe the cover letter submitted with the application succinctly summarizes the various reasons why Council should approve the permit. The purpose of this letter is to draw your attention to the other important matters which will be directly impacted by the Council decision on this permit. In 2021 Council passed OPA 121 and the Municipality of Clarington amended the original "Option to Purchase Agreement" with us. The amendments to the agreement reflected the new agreed upon areas of development and dedication within the Camp 30 site. Simply put, we will now be dedicating all of the lands within the ringroad to Clarington, while redeveloping the areas outside, including the "Triple Dorm". There has been a long history related to the development of Camp 30, but this was all settled in 2021. Immediately after OPA 121 was passed and the amendment was signed, we transferred the cafeteria building to Clarington along with the first $100k towards maintenance as agreed. We then submitted the updated development applications that were consistent with OPA 121 and the amended agreement. Clarington explicitly agreed to expeditiously process these applications. Years later the development applications are still not being brought forward for Council consideration. I understand that this is because of some reluctance to the redevelop of the Triple Dorm site, even though this was approved by Clarington Council in 2021. The demolition permit in front of Council is not asking for anything new. Rather, it is a reaffirmation of Council's previous decision. This is a situation where the Planning Act and Heritage Act intersect so a denial of this permit will have several implications including making approval of the current development applications impossible without an appeal, and potential breach of our agreement with Clarington. This would also impact the ability to transfer the additional $400k for maintenance along with all of the remaining buildings and open space to Clarington. 220 Duncan Mill Road, Suite 315, North York, ON MSB 3J5 T 905-642-7050 F 905-642-8820 E info@kaitlincorp.com W kaitlincorp.com Page 115 We hope that Council will approve this permit, consistent with OPA 121 and the agreement made in 2021. This is a key step in finally turning the page on the Camp 30 redevelopment, bringing forward a great new Municipal Park for the community, and delivering more much needed housing in Clarington. If you require any more information or clarity in advance of the meeting, please let me know and I am happy to provide or meet with anyone leading up to the meeting, and will be in attendance on the 23rd if there are any further questions that evening. Yours Truly, Devon a ie Lambs Road School Property Ltd. CC: Municipal Clerk CC: Robert Maclver 220 Duncan Mill Road, Suite 315, North York, ON MSB 3J5 T 905-642-7050 F 905-642-8820 E info@kaitlincorp.com W kaitlincorp.com Page 116 From:Raye Davies-Budd To:ClerksExternalEmail Subject:Bowmanville Training School for Boys/Camp 30 Date:Tuesday, October 17, 2023 1:43:51 PM You don't often get email from rdavies_budd@hotmail.com. Learn why this is important EXTERNAL Dear sir or Madam I am hoping that the triple dorms will be save as this is a National Historic Site. My Dad worked there back in the 60's and was in North, Centre and South Houses. Bowmanville has let so many important, historic buildings fall under the hammer. This needs to stop. It is all about greed! I have shown my kids the photos of old buildings now gone and they agree with me - a loss of history and beauty. Please add my name to petition those who can stop this. Bowmanville is my "Canadian" home town ( since 1959) and I would love to see it protected. Thank you Sincerely Raye Davies-Budd 268 Hillside Drive Campbellford, Ontario K0L 1L0 Page 117 Dear Mayor Foster and Council I am Bernice Norton, President of the ACO Clarington Branch. The demolition of Triple Dormitory simply should not happen. We need to protect our local and Canadian history especially this very unique site. A site linked with an historic war where discrimination was so pivotal. With recent world events, we recognize that education against racial and other forms of discrimination, is not complete. This site will allow for students and guests alike to explore and contemplate, all that can be learned from the stories at Camp 30 and in fact of World War II You might ask why one building makes a difference, but it is the most storied of all the buildings on the site, and on tours that we give, is most definitely the o ne that guests find the most fascinating. It is worth repeating that this is a significant National Historical Site and also designated under the Ontario Heritage Act. It is very important as it was the site of the Tunnel Projects by the POW's and was the starting point for many escape attempts. Demolition of this building spoils the campus layout which was part of the national designation, changes the viewpoints and vistas, and detracts from the beauty of the site as a whole. If replaced by a multi storied building, it would make the entire campus, and other historic buildings less visible from Lambs Road as people approach the site. The grander and scale of the site and the buildings would be lost from that perspective. If you have not been on the site recently, we would encourage you to join us on a tour. Standing at the south end of the Ring Road where all the buildings are visible, it is obvious that they should stand together as a group. It is the position of Clarington ACO, that for the Bowmanville Training School and Camp 30 (POW Camp), all the buildings need to be saved. We beg of Council to respond to these appeals to honour our significant heritage interests. We know this site is important, not just in our own community, but across Canada. Please save Triple Dormitory. Page 118 On a recent school tour of 75 students, one of the teachers asked their grade 10 history students where one can build apartment buildings. It wasn’t long before students responded that apartment buildings can be built anywhere. They then went on to discuss that sites such as this and the uniqueness of buildings like the triple dormitory are once in a lifetime opportunities to honour and to save. Again, I ask of you, please do not approve the application for demolition of the triple dormitory. Thank you. Bernice Norton ACO Clarington Branch President 22 Liberty St. North Bowmanville, Ontario L1C 2L6 Page 119 From:Rick McEachern To:ClerksExternalEmail Subject:Camp 30 Triple Dorm Date:Tuesday, October 17, 2023 12:55:49 PM EXTERNAL Please relay this message to the Mayor and the rest of the Clarington council, “under no condition should you issue a demolition permit nor allow the demolition of the building known as the Triple Dorm, on the Camp 30/Boys Training School site.” Regards, Rick McEachern 95 Champine Square Bowmanville L1C 4V9 Sent from my iPhone Page 120 From:Michelle Lamont To:ClerksExternalEmail Subject:SAVE Camp 30 buildings Date:Tuesday, October 17, 2023 12:38:27 PM You don't often get email from millam4@outlook.com. Learn why this is important EXTERNAL DO NOT grant the owner/developer a demolition permit for any remaining buildings on the Jury Land. As a resident of Bowmanville for 65 years enough is enough! Michelle Lamont 45 Ashdale Cres Bowmanville Page 121 From:Kerry Grady To:Zwart, Margaret; ClerksExternalEmail; williewoo8888@gmail.com Subject:Saving POW Camp Date:Tuesday, October 17, 2023 11:40:08 PM EXTERNAL Mr Mayor I grew up hearing stories from my Mom about the POW camp - one prisoner was a dentist and Orono did not have one so he was put into action. They were also put to work at harvest time since the men were overseas and helped harvest local apples. Another friend told me about watching the POW’s being paraded down the Main Street of Bowmanville. My understanding, from Dr. Jack Granatstein, a Canadian historian , is that this little bit of history is either the last or one of the last World War 2 POW camps still in existence outside of Europe. It is something this community should take pride in, a time to reflect upon our history and respect those who went before us. This site in its entirety should be saved as a tribute to our past rather than tearing it down for the sake of yet another subdivision which bowmanville seems to have an abundance of these days. Many local families have honoured our past with banners which we see flying for Remembrance Day showing that this community values our military past. Why not take a stand against development and save and restore this piece of history. That’s the right thing to do. My father served, his brothers served. My Uncle John gave up his life flying supplies to the resistance and recently received posthumously the Order of the Resistance from France. I think it is important to preserve something from that generation. As John McCrae said, we have been handed the torch to keep their memories alive and if we fail, they shall not sleep. K.Grady 16 Seymour St in Port Hope Page 122 From:Jaden Loach To:ClerksExternalEmail Subject:Camp 30 Date:Wednesday, October 18, 2023 12:00:20 PM [You don't often get email from jvaloach@hotmail.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] EXTERNAL To whom it may concern, Good afternoon. I am directing this email in regards to the idea of demolishing the Triple Dormitory at Camp 30 in Bowmanville. These buildings are part of this country’s history and should not be demolished for housing development and profit. Having these buildings standing for people young and old to learn about their past is much different than only having pictures for them to see in books. These buildings hold a great amount of history both as POW camps and schools and to destroy them for money is almost disgusting. Most of these buildings are already gone and it would be a shame to see the rest disappear. Please take these words and other’s true to heart and deeply consider what we all have to say. I appreciate your time and I hope you consider what I have to say. Sincerely, Jaden Loach 417 Rosedale Drive, Whitby, ON, L1N 1Z5 Page 123 From:Julie Lankin To:ClerksExternalEmail Subject:Camp 30 Date:Tuesday, October 17, 2023 12:32:47 PM [You don't often get email from jalankin@gmail.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] EXTERNAL Camp 30 is a historical site and needs to be saved. As a resident of Bowmanville I oppose the demolition of any of the buildings. Please save camp 30 Thank you Julie lankin 27 hanna drive l1c5m4 Sent from my iPhone Page 124 From:ClerksExternalEmail To:Preston, Laura Subject:FW: Comment on Application to demolish Triple Dormitory at Camp 30 PoW Site Date:Wednesday, October 18, 2023 4:13:17 PM -----Original Message----- From: Christopher Terry <648denbury@gmail.com> Sent: Wednesday, October 18, 2023 2:24 PM To: ClerksExternalEmail <clerks@clarington.net>; Council <councilOutside@clarington.net> Cc: Marilyn Morawetz <mjm@teamevergreen.com> Subject: Comment on Application to demolish Triple Dormitory at Camp 30 PoW Site [Some people who received this message don't often get email from 648denbury@gmail.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] EXTERNAL To Whom It May Concern I am writing to voice my strong concern at the possibility that an important part of Canada’s involvement in World War II may be irretrievably lost should a demolition application for the Camp 30 Triple Dormitory be approved by Clarington Council. Canadian combat involvement in World War II receives most of the public’s attention. This is appropriate given the magnitude of what was accomplished by a population smaller than that of contemporary Ontario and the 45,000 people who paid the ultimate price in Canada’s service. What is much less appreciated is the story of what happened on the home front. An exception is the remarkable accomplishment of the British Commonwealth Air Training Plan of which, locally, Oshawa Airport was a part. General Motors of Canada became a huge supplier of military vehicles and in Bowmanville a boys training facility was requisitioned to create a Prisoner of War Camp for captured German officers as part of a network of such camps across Canada. This camp, which was numbered Camp 30 in the roster of such facilities, was arguably the most famous. It was the site of what became colloquially known as the 1942 “Battle of Bowmanville” and the later 1943 failed plot to spring four top captive U-Boat commanders in “Operation Kiebitz”. A more nuanced byproduct of the events at Camp 30 was the decision of the Government of Canada to assert its prerogative over the treatment of Prisoners of War in opposition to the wishes of the British Government. This can be understood in the context of Canadian authorities to assert Canada’s sovereign rights as a combatant and fully independent nation. Those housed in the Triple Dormitory included many of the elite of the PoW population in Canada. Its continuing existence is unique. Very little remains of the other Canadian camps in which Axis PoWs were held, largely because of their temporary nature and frequently remote locations. The same is true of the camps in which PoWs of all combatants, including Canadians, were held around the world. Of the two best known examples, Colditz Castle in Germany has survived because of its fundamental nature as a medieval fortress and it can be visited to this day. The site of Stalag Luft III in Sagan in Poland, the site of the fabled “Great Escape” contains only the foundations of its wooden structures though they can also be toured. There are few remnants of the 700 POW camps established in Page 125 the USA. The opportunity to preserve the Triple Dormitory to preserve an example of PoW life in Canada should not be lost. The building is reflective of a significant time in our history and its significance has been discussed for you by Christopher Borgal whose work is well known to me and whose credentials as a leading Canadian architect specializing in heritage preservation are impeccable. It cannot be stressed to strongly that once the physical evidence of the past has been destroyed it becomes so much harder to explain the present in which we live to our and future generations. I hope that Council will decide to preserve the Triple Dormitory for posterity. It is part of the fabric of Canada’s story as a modern nation. Sincerely, Christopher J Terry President and CEO (Retired) Canada Science and Technology Museum Corporation Ottawa and Honorary Colonel (Retired) Royal Canadian Air Force 2 Silver Crescent Port Hope, ON L1A 2C4 Page 126 October, 19th, 2023 Dear Mayor Foster, Members of Clarington Council, and Members of the Planning & Development Committee, During our local heritage bus tour last Spring, ACO Port Hope members visited the site of the Bowmanville Boys Training School which was turned into Camp 30, a Prisoner of War Camp for German officers, during World War Two. The site consists of 6 Prairie-style buildings, laid out in a circle within an attractive setting of fields, trees and shrubs. According to the designation report, the Boys Training School/Camp 30 is of associative value because of its long association with the national reform school movements of the early twentieth century and its significant association, as a POW camp for German officers, with WWII.” In fact, according to the designation report, a riot, which occurred at Camp 30 in October 1942, “resulted in the 3-day ‘Battle of Bowmanville.’ Despite the relatively minor scale of this incident in the context of actual battles fought during WWII, this event garnered public attention across the country as a rare example of fighting action on Canadian soil.” There were also many escapes and escape attempts made by the German prisoners from Camp 30. The designation report also states that the property is of architectural value because “the buildings (and their layout within the site) reflect modern architectural influences of the 1920s and 1930s,” most notably the influence of Frank Lloyd Wright and the Prairie Style of architecture. Those of us who attended the tour thoroughly enjoyed visiting this significant heritage site and were heartened to hear that plans were underway for restoring and re-purposing the Camp 30 campus and heritage buildings. Unfortunately, we have just been told that the Planning & Development Committee for Clarington, will be meeting next week to consider an application by the developers, who own a portion of this site, for the demolition of the Triple Dormitory at Camp 30. We certainly hope that the Committee will make a recommendation for Clarington Council to deny this application. There is a Peer Review report done by Chris Borgal of GBCA that defends the preservation of this dormitory because the escapes by POWs were mostly made from this building, thereby giving it considerable associative value. Losing the Triple Dorm would therefore undermine the heritage value of the Camp 30 property. ACO Port Hope certainly encourages the Planning and Development Committee and the Clarington Council to deny this demolition application. Sincerely, Ian MacKay Chair, ACO Port Hope 117 King Street, Port Hope, ON L1A 2R8 Page 127 You don't often get email from gwlamondin@rogers.com. Learn why this is important From: gwlamondin <gwlamondin@rogers.com> Sent: Thursday, October 19, 2023 1:15 PM To: ClerksExternalEmail <clerks@clarington.net> Subject: Camp 30 EXTERNAL TO Whom it may concern, Please do not allow the demolition of this / these buildings to proceed. We cannot comprehend why this historic site has not been protected and preserved. Especially difficult to understand is why the Bowmanville Zoo building has yet to be demolished so development can proceed there. Sincerely, Glenna and Warren Lamondin 32 Lillian Cr., Newcastle, ON L1B 1G3 Sent from my Galaxy Page 128 Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: October 23, 2023 Report Number: PDS-055-23 Submitted By: Carlos Salazar, Director of Planning and Infrastructure Services Reviewed By: Mary-Anne Dempster, CAO By-law Number: File Number: Resolution#: Report Subject: Modernization of the Building Division Recommendation: 1. That Report PDS-055-23, and any related delegations or communication items, be received for information. Page 129 Municipality of Clarington Page 2 Report PDS-055-23 Report Overview This report will provide Council with an update of the transformation and modernization of the Building Division through technology advancement and continuous process improvements. This report includes a summary of the steps taken to implement change in the various ways the Building Division delivers its services, the environmental benefits of these improvements and the feedback from the public to date. 1. Purpose of Report 1.1 As a result of the pandemic, the Building Division expedited plans to introduce a digital format for plans submission consisting of a public portal, AMANDA and ePlanSoft. At the same time, the Building Division adopted an Electric Vehicle Fleet. Since January 1, 2023, the Building Division has been 100percent digital and has reduced carbon emissions by an average of 105,000 kilometres per year. The remainder of this report will provide Council an overview of the implementation and report on some year-to-date building statistics, providing annual comparables, where needed. 2. Building’s Progress in Meeting Council’s Priorities Sustainable Growth and Development 2.1 On October 25, 2022, the province issued a Minister’s Order to sign a Housing Pledge to meet the Provincial Government’s target of providing 1.5 million new homes in the next decade. Clarington was assigned 13,000 new units as a target (<1%). 2.2 On February 27, 2023, the Mayor, on behalf of Council, signed the Clarington Housing Pledge (PDS-009-23). 2.3 In the past 10 years, Clarington has approved a low of 289 units in 2019 and a high of 1,011 units in 2020. The median over the last 10 years is 850 units per year. Meeting the Province’s housing target over the next nine years requires constructing approximately 1,445 dwelling units per year. In order to achieve this target, the Municipality must aim to double the median annual amount of building permits issued. Page 130 Municipality of Clarington Page 3 Report PDS-055-23 Residential Units Issued Year 2023* 2022 2021 Totals 758 473 592 *January 1 to September 30, 2023 Table 1 – Three Year Comparable of Residential Units 2.4 To date in 2023, the Building Division has issued 319 residential permits resulting in 758 residential units, achieving 52% of the annual goal (see Table 1). Of these issued units, staff have conducted a minimum of one on site inspection for 676 of these units. Meaning, 89% of permits being issued are resulting in construction commencement upon issuance (see Table 2). 2.5 The table below represents the residential units that have been i ssued in 2023, and those that have been issued and construction commenced (‘starts’). Residential Units – Issued and Started January 1 to September 30, 2023 Permits Issued Permits Started Units Issued Units Started New Residential Units 254 216 692 653 Additional Dwelling Units 65 23 66 23 Total 319 239 758 676 Table 2 - Residential Unit Starts – Issued and Started January 1 to September 30, 2023 Technology and Process Modernization 2.6 In October of 2020, the Municipality signed a contract with Vision33 to provide a Municipal Business Solution consisting of a public portal, AMANDA and ePlanSoft. On May 3, 2021, the Building Division went live with ePlanSoft and goPost. On November 7, 2022, AMANDA was launched, and on July 3, 2023, the public portal was opened. As of January 1, 2023, the Building Division has been 100% digital. AMANDA Software 2.7 The Building Division uses AMANDA to process building permit and pool enclosure applications, assigning and tracking tasks assigned to staff and tracking and assigning inspections to inspection staff. AMANDA tracks the status of each application and permit and generates the various reports we provide internally and externally. Page 131 Municipality of Clarington Page 4 Report PDS-055-23 GoPost/EPR 2.8 During the COVID-19 pandemic, in October 2020, the implementation of ePlanSoft was expedited to allow the public to submit building permit applications and drawings online and for the Plan Examiners to review the applications remotely. To be able to do this without the full AMANDA/Public Portal being operational we used goPost as the public facing software. The public logged in to submit their documents and retrieve our comments, approved plans, and their permit. Along with online payment options we were able to continue to process and issue permits while the Municipal Administration Centre was closed to the public with very little disruption. 2.9 The various internal departments that review and provide comments, Engineering Development, Development Planning and Fire Prevention receive notification that there are plans assigned to them for their review. All those who are reviewing plans are able to review the plans at their desks, or remotely, and are able to zoom in and move around in each drawing inserting comments, providing red line markups, and placing stamps on the plans. When all the assignments have been completed the software produces a deficiency letter if there are deficiencies. The deficiency letter and marked up plans or the building permit and approved plans are then uploaded , and the applicant is notified via e-mail that their documents are ready to be downloaded. the plans. Public Portal 2.10 With the introduction of the Public Portal on July 3, 2023, goPost has been replaced and all applications are now submitted through the Public Portal. Applicants retrieve comments, building permits and approved plans through the public portal, and can see the status of their application, book each inspection and see the results of each inspection. 2.11 When inspections are booked through the public portal, AMANDA automatically assigns them to an inspector based on the type of inspection requested and the geographic location. The inspectors’ inspections are then uploaded to their iPads. The inspectors use the AMANDA Inspector App on their iPads which is tethered to their cell phones, so long as they have cellular reception, they are operating live, and the app can synchronize with the AMANDA software. AMANDA Inspector App 2.12 Through the app, the inspectors have access to the permit, the status of the previous inspections and any notes made during those inspections. When the inspector has completed their inspection, they enter the result, for example, passed, or failed, their comments, notes, photos and signature. When the iPad synchronizes with AMANDA an e-mail is automatically sent to the applicant, providing them the results of the inspection and the comments/notes of the inspector. 2.13 Staff are able to have immediate access to their tasks at their desk, working remotely or on the construction site. This has also eliminated the need for staff who work outside of Page 132 Municipality of Clarington Page 5 Report PDS-055-23 the MAC needing to drive to the office to review the plans saving time and further reducing our effect on climate change. 2.14 To date, Municipal Building Inspectors have conducted nearly 10,500 inspections averaging 53 inspections per day across the 506 square kilometre area of Clarington (see Table 3). Table 3 – Inspections Completed January 1 to September 30, 2023 Figure 1 – Building Inspection Completing a Digital Inspection Type of Inspection Completed 2023 Building Inspections 5,837 Plumbing and Heating Inspections 4,478 Pool Enclosure Inspections 109 Total 10,424 Page 133 Municipality of Clarington Page 6 Report PDS-055-23 Environmental Sustainability and Benefits All Electric Vehicle Fleet (EV) 2.15 In May 2022, the Building Division adopted an all electric seven vehicle fleet. An additional two have been ordered and are expected to arrive Fall 2023, for a total of nine. 2.16 The Building Division’s electric vehicle (EV) fleet has eliminated on average 105,000 kilometres of tailpipe emissions per year, helping to combat climate change by reducing carbon emissions and other harmful pollutants, improving air quality. Going Paperless 2.17 As described in Section 2.6 of this report, as of January 1, 2023, the Building Division is 100 percent digital. This has eliminated the need for applicants to drive to the office or use couriers’ multiple times throughout the permit process saving them time and money. It has also eliminated the vast amount of paper that was consumed pr inting and reprinting their plans further saving the applicant money. The elimination of travel and paper has also reduced our effect on climate change. 3. Public Response 3.1 Since the implementation of the outlined departmental improvements, the response from the public has been very positive. Feedback includes, but is not limited to: 3.1.1. The rural residents have been thankful that they don’t have to drive in from the rural areas to apply and pick up their permits. The Developers’ response has also been very positive as they recognize the time and financial savings of applying online. 3.1.2. Online permitting allows applicants 24/7 access to submit applications and check the status of their permits, increasing convenience, improving accessibility, and reducing barriers. 3.1.3. Remote access allows applicants to apply for permits from anywhere, reducing the need for in-person visits to the Municipal Administrative Center. 3.1.4. The online portal provides real-time status updates on permit applications, improving transparency for applicants. The online portal allows citizens to track and access permit information easily. 3.2 Staff will continue to incorporate process improvements to enhance the customer experience for years to come. Page 134 Municipality of Clarington Page 7 Report PDS-055-23 Figure 2 – Customer Service Wickets in the Building Division 4. Mandated Response Timeframes 4.1 The Ontario Building Code mandates that complete building permit applications shall be issued, or the applicant shall be notified that the permit is being refused and provided with the reasons why it is refused within a prescribed time period based on the type of building. the complete applications, the following table reports on the median number of days it took for the Building Division to either issue the permit or notify th e applicant why the applications was being refused for 2022, 2021 and 2020. Permit Type Mandated Timeframe Median Number of Days 2022 Median Number of Days 2021 Median Number of Days 2020 Residential 10.0 14.0 14.0 14.0 Small Buildings 15.0 9.0 10.5 10.5 Large Buildings 20.0 17.5 16.0 18.0 Table 4 – Mandated Response Timeframes comparison, 2022 to 2020 Page 135 Municipality of Clarington Page 8 Report PDS-055-23 5. Financial Considerations 5.1 Not Applicable. 6. Concurrence 6.1 This report has been reviewed by the Deputy CAO/Treasurer who concurs with the information. 7. Conclusion 7.1 It is respectfully recommended that Council receive this report for information. Staff Contacts: Brent Rice, Chief Building Official, 905-623-3379 extension 2303 or brice@clarington.net. Brendan Grigg, Deputy Chief Building Official, 905-623-3379 extension 2313 or bgrigg@clarington.net Page 136 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: Special Planning and Development Committee Date of Meeting: October 23, 2023 Report Number: PDS-056-23 Submitted By: Carlos Salazar, Director of Planning and Infrastructure Services Reviewed By: Mary-Anne Dempster, CAO Resolution#: File Number: By-law Number: Report Subject: CL 2022-22 Various Court Replacements Budget Reallocations Recommendations: 1. That Report PDS-056-23, and any related delegations or communication items, be received; 2. That the Deputy CAO/Treasurer is authorized to reallocate up to $60,000.00 from the “Municipal Capital Works Reserve Fund” to the “CL2022-22 Various Court Replacements Project” capital account to complete the necessary work. Page 137 Municipality of Clarington Page 2 Report PDS-056-23 Report Overview CL 2022-22 Various Courts Replacements Tender is now complete, however additional funding was required due to unforeseen poor soil conditions. The additional funding was approved as an emergency under the Purchasing By-law by Financial Services and the CAO Office to avoid additional costs being charged by the contractor for stand-by time and remobilizing. 1. Background History of the CL2022-22 Various Court Replacements Project Award 1.1 CL2022-22 Various Court Replacements Tender was awarded to Royalcrest Paving and Contracting Ltd. in August 2022 through the Council Recess Procedure. Award of this Contract was reported to Council through Staff Report FSD-035-22. 1.2 The Various Court Replacement was intended to replace the deteriorating playing surface of the tennis courts at Guildwood Park in Bowmanville as well as to rehabilitate the deteriorating basketball court and convert the deteriorating tennis courts playing surface to four new pickleball courts at Stuart Park in Courtice. Figure 1- Ribbon Cutting at Stuart Park Page 138 Municipality of Clarington Page 3 Report PDS-056-23 Project Overage 1.3 When removing the existing asphalt playing surface at the Stuart Park basketball court, the Contractor encountered poor existing soil conditions. Upon having the soil reviewed by our Geotechnical Consultant it was determined that the existing soil under the basketball court was unsuitable to support an asphalt playing surface and would need to be removed and replaced with suitable material. 1.4 A change order was issued to the Contractor to remove and replace the unsuitable material as recommended by the Geotechnical Consultant. 1.5 This change order required an additional $60,000.00 of funds to be approved to complete the project. This additional funding was approved on an emergency basis and to avoid additional charges due to Contractor standby time. The capital over- expenditure requires Council approval if the additional funds exceeded 5% of the Contract value as required under the Municipality’s Capital Over-Expenditure Policy. Figure 2: Basketball court at Stuart Park Page 139 Municipality of Clarington Page 4 Report PDS-056-23 2. Financial Considerations 2.1 The funds that are being reallocated to the CL2022-22 Various Court Replacements project were initially approved by the Deputy CAO / Treasurer and the CAO under the emergency clause of the Purchasing By-law. This was to keep the project moving forward and prevent any standby costs from being incurred during summer recess. Staff are now reporting the overage as required under the Municipality’s Capital Over- Expenditure Policy to ensure transparency on the use of capital funds. 3. Concurrence 3.1 This report has been reviewed by the Deputy CAO/Treasurer, who concurs with the recommendation. 4. Conclusion 4.1 It is respectfully recommended that Council approve the reallocation of funds from the “Municipal Capital Works Reserve Fund” to the “CL2022-22 Various Court Replacements” project to ensure that the investment made to date can be completed. Staff Contact: Tony Ricciardi, Manager of Infrastructure, tricciardi@clarington.net . Page 140 Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: October 23, 2023 Report Number: PDS-058-23 Submitted By: Carlos Salazar, Director of Planning, and Infrastructure Services Reviewed By: Mary-Anne Dempster, CAO Resolution#: File Number: By-law Number: Report Subject: Proposed Land Division Process Recommendations: 1. That Report PDS-058-23, and any related delegations or communication items, be received for information. Page 141 Municipality of Clarington Page 2 Report PDS-058-23 Report Overview On October 25, 2022, the Ontario Government introduced legislation under the More Homes, Built Faster Act (Bill 23), which put forward fundamental changes to the land use planning system in Ontario. Bill 23 achieved Royal Assent on November 28, 2022. For more information regarding the implications of Bill 23 and the Municipality’s corresponding comments, refer to the previously prepared report PDS-054-22.pdf. Under Bill 23, the Region of Durham and six other regional governments were defined as “Upper-Tier Municipalities without Planning Responsibilities”. One aspect of this change relates to local municipalities having approval authority over subdivisions, condominiums, land division, and part lot control exemptions. Accordingly, the Region of Durham has recommended the transfer of the approval authority for consent (land division) applications to the Region’s area municipalities effective January 1, 2024 . The purpose of this report is to (i) introduce and summarize the basis for transitioning the responsibility of land division from the Region of Durham to the Municipality of Clarington, (ii) present the Region’s recommended transition plan and (iii) provide Staff’s preliminary considerations and options for Councils consideration. 1. Background Legislative Background 1.1 Bill 23 achieved Royal Assent on November 28th, 2022. Proclamation of certain aspects of Bill 23 pertaining to several Planning Act amendments, including “Upper-Tier Municipalities without Planning Responsibilities,” remain outstanding. Until proclamation has occurred (at a date still to be determined), the Region’s planning function generally remains unchanged. 1.2 Bill 97, the “Helping Homebuyers, Protecting Tenants Act” was introduced on April 6, 2023, following which the former Minister of Municipal Affairs and Housing proposed that provincial facilitators be assigned to undertake an assessment of regional programs and services. The current status of the regional assessments, including the nature of the facilitators and the start date(s) is unknown. The Minister’s eventual assessment of the Region may result in further changes to the Region’s land use planning responsibilities. 1.3 On September 5th, 2023, at the Region’s Planning and Economic Development Committee Meeting, Staff brought forth a recommendation to transfer the approval authority for consent (land division) applications to the Region’s area municipalities effective January 1, 2024 (Report #2023-P-22). Page 142 Municipality of Clarington Page 3 Report PDS-058-23 1.4 The Region is of the opinion that under the current legislative and operational circumstances, it is appropriate that the Regional Land Division responsibilities be delegated to the Region’s area municipalities at this time. The Region reports that the area municipalities have advised that they are equipped to assume the role. Existing Land Division Process 1.5 For clarity, “consent” is the term used in the Planning Act when referring to the creation of new lots (i.e., severances), lot line adjustments, easements, rights-of-way, and permission for mortgaging or leasing parts of lots for more than 21 years. 1.6 Currently, the Regional Land Division Committee has the delegated authority for the granting of consents. Durham is unique within the Greater Toronto and Hamilton Area (GTHA) whereby Land Division responsibilities are assumed by the Regional Land Division Committee, with area municipalities simply commenting on applications. In other jurisdictions in the GTHA, consent responsibilities are assumed by local Committee of Adjustments (CofAs), with minor variances and related consent applications considered concurrently. 1.7 Regional Planning Division staff currently provide administrative support and technical advice to the Regional Land Division Committee through the Secretary-Treasurer and the Assistant Secretary-Treasurer. These duties currently include: 1.7.1. Assisting landowners and agents in submitting consent applications and administering the consent process in accordance with the provisions of the Planning Act; 1.7.2. Scheduling of public meetings, giving Notice of Hearings, preparing and circulating meeting agendas and materials, taking minutes, recording decisions, processing appeals, overseeing clearance of conditions, and issuing consent certificates (stamping deeds); 1.8 Providing liaison among commenting agencies, the public, applicants, agents, and others involved in the process; and, 1.9 Technical review of consent applications and provides the Land Division Committee with an assessment of the application’s conformity with Regional and provincial policy to assist the Committee in making its decision. 1.10 The Municipality currently has a commenting role in the land division process and strictly provides an assessment of the applications conformity with local policy, to assist the Committee in making its decision and impose any necessary conditions of approval. Page 143 Municipality of Clarington Page 4 Report PDS-058-23 1.11 The Region has indicated that municipalities should expect an average of two consent applications per month. The following table provides a breakdown of the Municipality’s consent applications by quantity and type in recent years: Year Severance (Lot Creation) Lot Boundary Adjustment Easement Total 2023 (to date) 11 1 0 12 2022 20 1 1 22 2021 28 1 1 30 Total 59 3 2 64 2. Transition of Land Division Regional Transition Plan 2.1 Under Section 54 of the Planning Act, the Council of an upper-tier municipality may by by-law delegate to the Council of a lower-tier municipality the authority to grant consents. Further, the Council of a lower-tier municipality may, by by-law, delegate the authority for granting consents to a committee of council, appointed officer or CofA. 2.2 The Region has proposed to convene its final Land Division Committee meeting in December 2023 and recommends that local CofAs be in a position to consider new consent applications at their regularly scheduled meetings as early as January 2024. 2.3 The Region has proposed that the last day for accepting applications to the Region’s Land Division Committee will be October 20th, 2023. New applications for consent will need to be filed with the area municipality commencing on December 1 st, 2023. The by- law to delegate the authority to grant consent will be presented at the October 25th, 2023, Regional Council meeting. 2.4 Regional staff plan to transfer various documents to each of the area municipalities including sample letter templates, forms, and standard notices, etc. Additionally, Regional staff plan to provide training and support to area municipal staff commencing in October 2023, and then to local CofA members. Regional staff have confirmed they Page 144 Municipality of Clarington Page 5 Report PDS-058-23 2.5 will be available for ongoing support should any questions arise through the transition period. Options for Council Consideration 2.6 The transition of consent granting authority to the Municipality constitutes a significant change to the existing land division process. There are several implications that this report does not evaluate and that Staff will continue to explore in consultation with Regional and neighbouring municipal staff. 2.7 Based on the available information and Staff’s preliminary review, there are three available directions for the new land division process. 2.8 The first option is consistent with Regional direction and will require Council to delegate the consent granting authority to the existing Committee of Adjustment. 2.9 Contrary to Regional direction, Staff are considering a second option which would consist of Council delegating consent granting authority to the existing Pl anning and Development Committee (PDC). Historically, Council has only delegated functions and / or authority to committees after exercising the authority and deeming it to be a function that is better suited to the respective committee. This secondary option would allow Council an opportunity to appreciate the scope of land division prior to delegating it to the CofA. 2.10 Lastly, Section 54 of the Planning Act allows for an appointed officer identified in the by- law by name or position to be delegated all or part of the consent-granting authority. Staff are exploring the potential efficiencies of delegating part of the consent granting authority to the Director of Planning and Infrastructure. 3. Financial Considerations 3.1 The transition of the responsibilities noted in Section 1.7 of this report indicates an increase in the workload of the Planning and Infrastructure’s Development Review team. Additional review is required to determine whether existing resources can accommodate this change. 3.2 The transition of consent granting authority to Council and subsequently the PDC and/or CofA and/or appointed officer will increase the responsibilities of the relevant committee and/or officer and its supporting staff. Additional review is required to determine whether existing resources can accommodate this change. 3.3 Following the transition of consent granting authority, consent application fees will be determined and collected by the Municipality. Additional review by Staff with respect to application fees and revisions to the Municipality’s fee by-law (Schedule E, By-law 2023-044) is required. Page 145 Municipality of Clarington Page 6 Report PDS-058-23 4. Concurrence 4.1 This report has been reviewed by the Deputy CAO/Treasurer who concurs with the recommendations. 5. Conclusion 5.1 The purpose of this report is to (i) introduce and summarize the basis for transitioning the responsibility of land division from the Region of Durham to the Municipality of Clarington, (ii) present the Region’s recommended transition plan and (iii) provide Staff’s preliminary considerations and options for Councils consideration. 5.2 Staff are supportive of achieving efficiencies and reducing unnecessary processes. Staff will continue to work closely with Regional and neighboring municipal staff to ensure efficiencies and knowledge-sharing throughout the transition. 5.3 Staff will continue to monitor and review the information on this matter as it continues to become available. We will report back with a detailed analysis of the available options for a new land division process and related costs for Council’s consideration. Staff Contact: Lucy Pronk, Principal Planner, Development Review Division, Planning and Infrastructure Services, Extension: 2314 Page 146 Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: October 23, 2023 Report Number: PDS-059-23 Submitted By: Carlos Salazar, Director of Planning and Infrastructure Services Reviewed By: Mary-Anne Dempster, CAO Resolution#: File Number: PLN 1.1.30 By-law Number: Report Subject: Transportation for the Future Act, 2023 (Bill 131); Schedule 2 - GO Transit Station Funding Act – Summary and Overview Recommendations: 1. That Report PDS-059-23, and any related delegations or communication items, be received; 2. That the Province be requested to specify that the legislation apply to the designated Major Transit Station Areas in municipal official plans; 3. That the Municipality of Clarington supports the legislation; 4. That the Province be requested to specify in the legislation that a transit station charge by-law passed by a municipality would be effective back to the date on which the GO Transit Station Funding Act comes into force; 5. That should the proposed GO Transit Station Funding Act (Schedule 2 of the Transportation for the Future Act, 2023) legislation be passed, the Municipality hold a meeting as part of the required background study to provide the opportunity for property owners to comment on the use of the new funding tool; 6. That Report PDS-059-23 be adopted as the Municipality’s submission to the Province on the proposed Transportation for the Future Act, 2023 – Schedule 2 – GO Transit Station Funding Act (Bill 131) (Proposal Number 23-MOI004); 7. That a copy of Report PDS-059-23 and Council’s decision be sent to the Ministry of Infrastructure, Region of Durham, and other Durham Region area municipalities; and 8. That all interested parties listed in Report PDS-059-23, and any delegations be advised of Council’s decision. Page 147 Municipality of Clarington Page 2 Report PDS-059-23 Report Overview On September 25, 2023, the Ontario Government proposed the Transportation for the Future Act, 2023. Part of this Act is the GO Transit Station Funding Act which would allow municipalities to fund the design and construction of new GO stations and recoup the costs through charges on new development in the surrounding area. Innovative funding tools and opportunities to advance the development of the Courtice and Bowmanville GO Train stations and the surrounding transit -oriented communities are appreciated. Staff looks forward to working with the Province, Durham Region, and the development community as more is learned about this new tool. The purpose of this report is to (i) summarize the proposed legislation, and (ii) provide high level comments for Council’s consideration, and (iii) commit to a public engagement process to consider the use of the funding tool, should the proposed legislation be passed. 1. Summary of Legislation 1.1 On September 25, 2023, the Ontario Government proposed the GO Transit Station Funding Act as part of the Transportation for the Future Act, 2023 (Bill 131). This Act enables municipalities to take on and recover certain costs related to the construction of a new GO station by charging a Station Contribution Fee on development in a prescribed area around the new station. Council must first undertake a background study and pass a transit station charge by-law before construction of the station has started in order to use this funding tool. 1.2 It is noted the legislation would apply only to prescribed municipalities, which have not yet been identified. However, Clarington has two Major Transit Station Areas (MTSA), Courtice and Bowmanville, that will be the sites of new GO Transit stations to accommodate the extension of GO train service to Bowmanville (Figures 1 and 2, below). Page 148 Municipality of Clarington Page 3 Report PDS-059-23 Figure 1: Courtice MTSA Figure 2: Bowmanville MTSA 1.3 Prior to passing a transit station charge by-law, the proposed legislation lists several steps that must be completed, including:  A background study, which must include notice to and consultation with the public; and  A Council resolution requesting the Minister of Infrastructure’s consent to pass a by- law to use this funding tool. The Minister may specify modifications to the by-law at such time. 1.4 A transit station charge by-law shall be guided by the following objectives:  To support the creation of local and regional transit connections;  To encourage the creation and growth of transit-oriented communities near the GO Transit station; and  To recover costs related to the construction of the GO Transit station in a reasonable, transparent, and fair manner. It is noted that GO Transit stations are provincial infrastructure. 1.5 The by-law must include a map of the area where the fee would be imposed, specify conditions for the fee to apply, and the fee amount. The fee would be payable at the time a building permit is issued and can be used to recoup the costs of both the design Page 149 Municipality of Clarington Page 4 Report PDS-059-23 and construction of a station that the municipality has incurred. Fees can continue to be collected until the total cost of the station is recovered. 1.6 This is an optional funding tool that would allow the cost of a new transit station to be funded over many years by multiple development projects. Currently, GO Transit stations are typically funded by a single development project in collaboration with Metrolinx. This market-driven model would continue to be in place where municipalities opt not to implement a transit station charge. 1.7 Subsequent regulations will be proposed that will identify which municipalities will be able to access this tool, further define what information must be collected as part of the background study, the types of development that may be excluded from the charge, and the necessary components of the by-law. It is also understood that Municipalities proposing to use the tool would be expected to provide for a reduction in other development-related costs to help offset this new fee. 1.8 The proposed GO Transit Station Funding Act, 2023 is currently posted on Ontario’s Regulatory Registry for a 30-day commenting period, closing October 25th. Staff has undertaken a preliminary review of the proposed legislation. General comments are included in Section 2, below. 2. General Comments 2.1 Planning and Infrastructure Services staff is supportive of new funding tools, and opportunities to work with the Province to advance the development of new GO train stations in Courtice and Bowmanville, the surrounding transit-oriented communities, and local transit connections. 2.2 The proposed legislation is very general in nature. Additional detail is to be prescribed by regulation. The Province is requested to provide clarification and the additional information noted to enable municipalities to understand better the areas of applicability, types of development that can be included, and the municipal responsibilities relating to both the implementation of the tool and the costs and resources associated with transit station development that would be assumed by municipalities choosing to implement the tool. Specific comments are included below. 2.3 The Province is requested to specify that the legislation will apply to lands within Major Transit Station Areas as they are designated in municipal official plans. 2.4 The Province is requested to clarify which costs related to the construction of the GO Transit station would be the responsibility of municipalities to fund and recover. Specifically, staff understands that in using the tool, a municipality would take on some or all of the design and construction of the transit station , which is provincial infrastructure. This would come with financial risk associated with carrying the cost until Page 150 Municipality of Clarington Page 5 Report PDS-059-23 such time as the surrounding area builds out and the costs are recovered through the development fee. Additional information regarding the particulars of such an arrangement is requested. 2.5 The Province is requested to provide terms of reference for the background study to ensure municipalities have the information required to determine whether to pursue the use of a transit station charge by-law, prior to expending the considerable time and resources required to complete the study. For example, details related to the idea that municipalities would reduce other development-related costs. 2.6 The Province is requested to specify in the legislation that a transit station charge by- law passed by a municipality shall be deemed to be effective back to the day the proposed GO Transit Station Funding Act, 2023 came into force. This is necessary to provide municipalities the time required to complete the background study, while continuing to process development applications within the MTSA areas in support of housing, and to ensure the charges are distributed equally across the whole of the applicable area. 3. Public Consultation 3.1 The proposed GO Transit Funding Act, 2023 is currently posted for public comment on Ontario’s Regulatory Registry until October 25, 2023. Any member of the public has the opportunity to provide comments to the Province. 3.2 If the proposed legislation is passed, the Municipality will hold public consultation as part of the background study process to hear comments from affected property owners. 4. Financial Considerations 4.1 In order to pass a by-law to implement a transit charge within Clarington’s two MTSAs, a background study would have to be conducted. If proposed Bill 131 is passed, and Council wishes to pursue the implementation of this tool, funding for the required background study would be necessary. 4.2 The implementation of the proposed funding tool would require the municipality to front- end certain costs related to the design and construction of new GO Transit stations , with the understanding that developments within the identified area would contribute to the recovery of those costs over time. As part of the background study and proposal to the Province, municipalities opting to use the tool must demonstrate they have sufficient borrowing capacity. Page 151 Municipality of Clarington Page 6 Report PDS-059-23 5. Concurrence 5.1 This report has been reviewed by the Deputy CAO/Treasurer who concurs with the recommendations. 6. Conclusion 6.1 The purpose of this report is to (i) summarize the proposed legislation, and (ii) provide high level comments for Council’s consideration and submission to the Province. 6.2 The proposed legislation represents an opportunity for Clarington to work with our regional and provincial partners to bring GO train service to Courtice and Bowmanville. Staff is supportive of the proposed new funding tool and requests that the com ments herein be considered. 6.3 It is respectfully recommended that the Council receive the information , and endorse the comments included in Section 2 of this report. 6.4 If the proposed legislation is passed, it is respectfully recommended that the Municipality hosts a meeting to provide the opportunity for the public to comment on the use of the new funding tool in Clarington. Staff Contact: Sarah Allin, Principal Planner, 905-623-3379 ext. 2419 or sallin@clarington.net. Interested Parties: List of Interested Parties available from Department. Page 152 Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: October 23, 2023 Report Number: PDS-061-23 Submitted By: Carlos Salazar, Director of Planning and Infrastructure Services Reviewed By: Mary-Anne Dempster, CAO By-law Number: File Number: PLN 15.16 Resolution#: Report Subject: Port Granby Nature Reserve Proposal - Update Recommendation: 1. That Report PDS-061-23, and any related delegations or communication items, be received for information. Page 153 Municipality of Clarington Page 2 Report PDS-061-23 Report Overview The Port Granby Project is now complete and has transitioned to the long-term monitoring and maintenance of the site. In addition to naturalization of both the historic and the new low-level radioactive waste facilities, Atomic Energy of Canada Limited continues to consult on the proposal to divest the lands which are surplus to the project. It is contemplated that the surplus lands would form the future Port Granby Nature Reserve. This report provides an update on consultation with the municipalities, First Nations and local community, and supplemental environmental monitoring work being carried out on the surplus lands. An update on planning for the local road network, which will be maintained, and the implications for lease agreements between the Municipality and Government of Canada is also provided. A formal decision in response to the Port Granby Nature Reserve Proposal has not been issued but is anticipated soon. 1. Background Port Granby Project 1.1 The Port Granby Project (PGP), a component of the Port Hope Area Initiative, is located in the southeast corner of Clarington at the Port Hope boundary line (Figure 1). It has involved the relocation of approximately 1.3 million tonnes of historic low-level radioactive waste and marginally contaminated soils from the former Port Granby Waste Management Facility to a new, engineered aboveground mound on adjacent lands, set back from the Lake Ontario shoreline. 1.2 As part of the PGP, the Government of Canada purchased 270 ha of land from Cameco Corporation (Figure 2). These lands include the historical waste site (Parcel 1A), the site of the new Long Term Waste Management Facility (LTWMF) (Parcel 2), and 174 ha of land that are surplus to the clean-up project (Parcels 1B, 3, 4A/B, 5). All parcels are located within Clarington, with the exception of Parcel 4B, which is within the Municipality of Port Hope. 1.3 The clean-up project has been undertaken on behalf of the Government of Canada by Atomic Energy of Canada Limited (AECL). AECL has also been transferred ownership of the entire (270 ha) Federal land holding. Capping of the new containment mound at the LTWMF was completed in the fall of 2021, and the project has entered into the long- term monitoring and maintenance phase. Page 154 Municipality of Clarington Page 3 Report PDS-061-23 Figure 1 – Port Granby Federal land holdings Page 155 Municipality of Clarington Page 4 Report PDS-061-23 Figure 2 – Port Granby Project and surplus Federal land holdings Page 156 Municipality of Clarington Page 5 Report PDS-061-23 Port Granby Nature Reserve Proposal 1.4 The Port Granby Nature Reserve (Nature Reserve) Proposal is a collaboration with the Municipality of Port Hope, Ganaraska Region Conservation Authority (GRCA), and the community. It represents a request to the Government of Canada to divest the lands surplus to the PGP (Figure 2 – Parcels 1B, 3, 4A/B, 5) to the local municipalities for ecological restoration, enhancement, and conservation, as the project legacy for the local community. 1.5 Initial discussions and planning for the eventual end use of the PGP la nds began in 2007 with the formation of an End-Use Advisory Committee by the Municipality and the Port Hope Area Initiative. The Committee recognized the unique opportunity of having a large block of land in public ownership along the Lake Ontario shoreline. Accordingly, the Committee expanded its focus to include all of the federal land holdings in the Port Granby area, establishing what was referred to as an ‘Ecology First Full Concept’ vision (Figure 3). 1.6 A chronology of the key actions and Council directions relating to the end use of the Federal land holding in the Port Granby area, submission of the Nature Reserve Proposal to the Federal Government in 2015, and subsequent planning is provided as Attachment 1. 1.7 The following previous reports to Council summarize the work and recommendations of the End Use Advisory Committee and a subsequent working group formed to further the implementation of the Full Concept vision, the Nature Reserve Proposal, and the progress of Proposal review activities by AECL, on behalf of the Government of Canada:  PSD-051-10 (April 19, 2010) – Report of the End Use Advisory Committee  PSD-034-13 (May 6, 2013) – Preparation of and End Use Management Plan  PSD-032-15 (June 8, 2015) – Port Granby Nature Reserve Proposal  PSD-021-21 (April 6, 2021) – Confidential Land Acquisition Matter 1.8 The purpose of this report is to provide an update on the status of the review and consultation on the Nature Reserve Proposal since the last reporting in April 2021. Page 157 Municipality of Clarington Page 6 Report PDS-061-23 Figure 3 – Ecology First Full Concept end use landscape and design plan (2010) Page 158 Municipality of Clarington Page 7 Report PDS-061-23 2. Proposal Review Update 2.1 In preparation for a potential divestiture of surplus land, AECL has undertaken extensive consultation as well as environmental due diligence, as outlined in the following sections. Working Group 2.2 As construction of the new storage mound was nearing completion, a Working Group was established to advance consultation and collaboration on the Nature Reserve Proposal and the integration of indigenous involvement. 2.3 The Working Group is led by AECL and includes representatives from Williams Treaty First Nations, the Southeast Clarington Ratepayers Association, and the Municipality’s of Clarington and Port Hope. The Working Group has provided an important forum for relationship building. 2.4 Based on discussions with the Working Group, a draft Memorandum of Understanding (MOU) has been prepared by AECL and reviewed by the Working Group. The MOU, which is symbolic/aspirational in character, seeks to establish a mutual understanding of a joint partnership between AECL, the Municipality’s of Clarington and Port Hope, First Nations, and the Southeast Clarington Ratepayers Association for the establishment and operation of the proposed Nature Reserve. 2.5 A final draft MOU is anticipated this fall. The draft MOU would be brought to Council for consideration alongside a formal offer of land transfer from AECL, at their discretion. Over the coming months, the Working Group will begin discussions on a potential governance and management framework. 2.6 The governing structure has evolved since 2015. Given the land stewardship guidance provided by First Nations, GRCA has taken a step back, allowing them the opportunity to be a bidder on the restoration and management of the lands, should that occur. AECL is indicating greater on-going involvement than originally anticipated, which continues to be defined. Environmental Due Diligence 2.7 In 2022, in response to questions of Council and through discussions with the Municipality’s Peer Review Consultant and AECL, a Phase I/II Environmental Site Assessment (ESA) process for the surplus lands was initiated, and paid for by AECL. 2.8 The Phase II ESA is nearing completion. The Phase I/II reports will be shared with the Municipality following review by AECL (anticipated fall 2023). Review on the Municipality’s behalf will be done by the Municipality’s Peer Review Team for the PGP and external Legal Counsel, the outcomes of which will be reported to Council. Page 159 Municipality of Clarington Page 8 Report PDS-061-23 3. Other Updates – Local Road Network 3.1 There are currently two road lease agreements in place with the Government of Canada for access to the PGP lands and to environmental monitoring locations. These include:  Elliott Road from Concession Road 1 to Lakeshore Road; and  Nichols Road from the CP Rail Line south to Lake Ontario. 3.2 As a result of the PGP End Use Transportation Network Municipal Class Environmental Assessment, the existing road network (Elliott Road) will continue as the primary access to the new LTWMF. The lease for Elliott Road from Concession Road 1 to the LTWMF entrance will be extended indefinitely to the Government of Canada with requirements for on-going maintenance and provision for continued access for adjacent property owners. Safety improvements will be made at the intersection of Concession Road 1 and Elliott Road to improve sight lines and clear zones. 3.3 The lease of Nichols Road is set to expire in 2024. If determined by AECL that environmental monitoring on Nichols Road, north of Lakeshore R oad, will be necessary over the long term, the lease will require extension. When environmental monitoring is no longer required, the road lease agreement will cease. 3.4 Currently, there is no way to travel over the railway tracks crossing Nichols Road as the previously existing railway overpass bridges have been removed. While these removals align with the vision set out in the Nature Reserve Proposal, the process to relinquish access may not yet be fully resolved, and dialogue with Canadian Pacific Railway is ongoing. 3.5 Future access to the PGNR was considered in the Proposal as being very limited. Access was contemplated as being from Lakeshore Road and by the Great Lakes Waterfront Trail, with the possibility of a trail to the lake on the Nichols Road right-of-way south of Lakeshore Road. As part of the realignment of Lakeshore Road, AECL has included wider travel lanes with paved shoulders to support cycling, improving the Great Lakes Waterfront Trail from the southern access to the LTWMF to east of Nichols Road. 4. Financial Considerations 4.1 The Nature Reserve Proposal includes estimated five-year capital and annualized operating budgets for the restoration and maintenance of the Nature Reserve lands, based on 2014 project costs. It was anticipated that capital costs would be sought from a number of sources (e.g. grants) by the partners and stakeholders involved. Operating costs were to be allocated proportionally by the landowners (i.e. Clarington and Port Hope). 4.2 Short-term financial considerations for initial maintenance of the surplus lands, subject to a land transfer agreement being reached in early 2024 , is being considered as part of the 2024 – 2027 Municipal budget process. Page 160 Municipality of Clarington Page 9 Report PDS-061-23 4.3 Staff Report FND-018-12 discussed the disposition of the $10 Million Host Community Fee and associated interest for the PGP. Council resolved in part “that the existing Port Granby Reserve Fund be maintained and directed in future to achieve Council objectives pertaining to the End Use Plan and other mitigation measures deemed necessary.” The Port Granby Reserve Fund currently has a balance of $320,918 from the interest on the Host Community Fee. 4.4 It is anticipated that costs associated with safety improvements at the intersection of Concession Road 1 and Elliot Road will be paid for by AECL and / or the rail authorities as compensation for the permanent closure of the Nichols Road bridges. 5. Concurrence This report has been reviewed by the Director of Public Works, the Deputy CAO/Solicitor and the Deputy CAO/Treasurer, who concur with the recommendation. 6. Conclusion 6.1 AECL, on behalf of the Government of Canada, continues to be engaged in discussions with the Municipality’s of Clarington and Port Hope, First Nations, and the local community on the proposed creation of a nature reserve on the surplus lands surrounding the PGP. While a formal decision in response to the Nature Reserve Proposal has not yet been made, Staff continue to work towards an outcome that will best serve the public interest. 6.2 Next steps include the following, the timing of which will depend upon the receipt of ESA reporting from AECL:  Consideration of initial estimated operating costs for a Nature Reserve as part of the 2024 multi-year budget process;  Review of Phase I/II ESA reports by the Municipal Peer Review Team and Legal Counsel;  Report back to Council on results of the ESA. Staff Contact: Amy Burke, Project Manager, Corporate Performance, 905-623-3379 ext. 2423 or aburke@clarington.net. Attachments: Attachment 1 – Chronology of Key Events and Council Directions Interested Parties: List of Interested Parties available from Department. Page 161 Attachment 1 to PDS-061-23 Summary of Key Actions and Council Directions - End Use of the Port Granby Project Lands Timeline Action 2007 An End Use Advisory Committee formed by the Municipality and the Port Hope Area Initiative Management Office (PHAIMO) to develop land use options for the Port Granby Project (PGP) lands. Mar. 2010 PGP Ecology First End Use Advisory Committee Report published. Apr. 26, 2010 Council endorsement of Report PSD-051-10 regarding the ‘Full Concept’ End Use Concept proposed by the PGP End Use Advisory Committee (Resolution #GPA-240-10). Council also resolved to request the PHAIMO and Natural Resources Canada initiate discussions with the Municipalities of Clarington and Port Hope and the Ganaraska Region Conservation Authority (GRCA) regarding implementation of the Full Concept vision, including the ownership and management of the lands. Jun. 2012 Report FND-018-12 discussed the disposition of the $10 million Host Community Fee and associated interest for the PGP. Council resolved in part “that the existing Port Granby Reserve Fund be maintained and directed in future to achieve Council objectives pertaining to the End Use Plan and other mitigation measures as deemed necessary.” (Resolution #C-226-12) Jul. 2012 The Municipalities of Clarington and Port Hope, GRCA and Port Granby residents formed a working group to further the implementation of the Full Concept vision, including the development of a stewardship plan, governance structure and management plan. May 13, 2013 Council endorsed PSD-034-13 allocating funding to retain GRCA to undertake a Management Plan for the proposed Port Granby Nature Reserve (PGNR) (Resolution #GPA-310-13). Jun. 15, 2015 Council consideration of PSD-032-15 and endorsement of the PGNR Proposal, including direction to submit to the Government of Canada (Resolution #GPA-401-15). Jul. 2015 Presentation of the PGNR Proposal to the PGP Agreement Monitoring Group and proposal submission to Natural Resources Canada. Jul. 2015 – Dec. 2021 Presentations by Municipality of Clarington Staff to interested community groups, the Port Granby Project Citizen Liaison Group, and PHAIMO’s Port Granby Discussion Group, and displays at community events (e.g. Doors Open Clarington). Page 162 Attachment 1 to PDS-061-23 Timeline Action Jan. 14, 2016 Direction received from the Minister of Natural Resources that the authority regarding the disposition of lands and a decision on the PGNR Proposal will reside with Atomic Energy of Canada Limited (AECL) on behalf of the Federal Government. Mar. 2019 – to date Municipality of Clarington staff participation in Indigenous consultation with Williams Treaty First Nations, led by AECL. Jun. 10, 2019 Council approval of the Clarington Strategic Plan 2019 to 2022, which included legacy project goal D.2 – Pursue a final decision from Atomic Energy of Canada Limited (AECL) and Canadian Nuclear Laboratories (CNL) respecting the disposition of lands for the Port Granby Nature Reserve. 2019 – 2022 Brief updates to Council provided via the Strategic Plan 2019 – 2022 reports to Council. Apr. 6, 2021 Council endorsement of Confidential Report PDS-021-21 providing an update to Council on AECL’s review of the PGNR Proposal and Indigenous consultation, and appointment of Councillor Zwart as Council Liaison to the on-going stakeholder discussions relating to the PGNR (Resolution #PD-128-21). Dec. 2021 Working group formed to advance discussions on partnership agreement and governance/management structure, led by AECL. Budgets 2020, 2021 and 2022 Notice included that a portion of the accumulated interest from the legal settlement with the Federal Government relating to the PGP would be left in the Port Granby LLRW Agreement Reserve Fund “to assist with potential implications in the future, most likely for work around future uses of the site outside the perimeter once they are in the maintenance stage.” May 30, 2022 Confidential verbal update to Council on AECL’s review of the PGNR Proposal and discussions of the working group. Request by Council for an education session on the current and future long term environmental monitoring program for the PGP lands. Jun. 13, 2022 Presentation to Council by the Municipality’s Peer Review Consultant for the PGP and Canadian Nuclear Laboratories regarding the Port Granby Monitoring Program. Page 163 Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: October 23, 2023 Report Number: PDS-063-23 Submitted By: Carlos Salazar, Director of Planning and Infrastructure Services Reviewed By: Mary-Anne Dempster, CAO By-law Number: File Number: Resolution#: Report Subject: GO Transit Rail Service – Bowmanville Extension Environmental Assessment Project Addendum: Information Update Recommendation: 1. That Report PDS-063-23, and any related delegations or communication items, be received for information. Page 164 Municipality of Clarington Page 2 Report PDS-063-23 Report Overview Following the completion of the 2011 EPR, Metrolinx advanced the design of the proposed expansion of GO Transit infrastructure from Oshawa to Bowmanville . Based on refinements and revisions to the design approach since the completion of the 2011 EPR, the a lignment and infrastructure requirements for the project have changed and Metrolinx initiated an EPR Addendum to assess the effects of these changes in scope. The purpose of this report is to provide an update on the Bowmanville Extension Project Addendum, released on October 5th. The document is posted for a 30-day public review period, closing on November 6, 2023. 1. Background 1.1 In 2011, Metrolinx completed an Environmental Project Report (EPR) to assess the proposed expansion of GO Transit infrastructure from Oshawa to Bowmanville. The EPR for the Oshawa to Bowmanville Rail Service Expansion and Whitby Rail Maintenance Facility, referred to as the ‘Project’, considered the potential environmental impacts of the Project and recommended appropriate m itigation measures. 1.2 Since completion of the 2011 Environmental Project Report, Metrolinx has advanced the design of the Project through additional feasibility studies and proposed changes to the Project, which includes changes to:  Track alignment starting at Durham College Oshawa GO Station and terminating in Bowmanville;  Bridge, at-grade crossing and culvert requirements;  Relocation of proposed Thornton’s Corners East GO Station; and  Relocation of Rundle Road Layover to Bowmanville GO Station. 1.3 As part of the EPR Addendum, Metrolinx conducted virtual public consultation in June 2023 to present and seek feedback on the results of the technical studies, including potential impacts and proposed mitigation measures. 2. Addendum Report 2.1 An addendum to the 2011 EPR is required to address these Project refinements and revisions to the design approach that were not previously considered in the EPR. This EPR Addendum has been prepared for the following purposes: Page 165 Municipality of Clarington Page 3 Report PDS-063-23  Determine significant changes from the 2011 EPR resulting from Project refinements and revisions;  Document the findings of the existing environmental conditions;  Assess potential environmental impacts of the preferred alignment and determine associated mitigation and monitoring requirements;  Engage and consult with stakeholder and public consultation; and  Develop commitments to future work associated with the design, construction, and operation of the Project, including required permits, licenses and approvals. 2.2 The Addendum, entitled ‘Oshawa to Bowmanville Rail Service Extension: Environmental Project Report Addendum’, dated October 2023 was released on October 5th and will be open for a 30-day public review period, closing on November 6, 2023. Staff will review the Addendum and coordinate a response to Metrolinx. 3. Financial Considerations 3.1 Not Applicable. 4. Concurrence 4.1 This report has been reviewed by the Deputy CAO/Treasurer who concurs with this information. 5. Conclusion 5.1 It is respectfully recommended that this report be received for information. As the Bowmanville Extension EA Project proceeds, staff will report back with additional updates, as necessary. Staff Contact: Sarah Allin, Principal Planner, 905-623-3379 ext. 2419 or sallin@clarington.net. Page 166