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HomeMy WebLinkAbout11/12/2012 0 C 9ton lafin i Leading the Way i GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: November 12, 2012 TIME: 9:30 A.M. PLACE: COUNCIL CHAMBERS 1. MEETING CALLED TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST 3. ANNOUNCEMENTS 4. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) (a) Minutes of a Regular Meeting of October 29, 2012 4-1 5. PUBLIC MEETINGS (a) Application to Amend the Zoning By-law 84-63 5-1 Applicant: Michael L. Fowler, on behalf of Doreen Wallraff Report: PSD-048-12 6. DELEGATIONS (Draft List at Time of Publication —To be Replaced with Final 6-1 List) (a) Bob Kreasul Regarding the Dredging of Bowmanville Creek (b) Andy Wiggers, Wiggers Custom Yachts, Regarding the Dredging of Bowmanville Creek 7. PRESENTATIONS No Presentations i 8. PLANNING SERVICES DEPARTMENT (a) PSD-048-12 An Application by Doreen Wallraff to Change the Zoning 8-1 on a Recently Severed Farm Parcel of Land to Prohibit New Residential Uses (b) PSD-049-12 Application under the FIT and Micro-FIT Program of the 8-11 Green Energy Act 2009 for 3845 Middle Road i I CORPORATION OF THE MUNICIPALITY OF CLARINGTQN I 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 G.P. &A. Agenda - 2 - November 12, 2012 (c) PSD-050-12 Provincial Policy Statement, Five Year Review (2012) 8-16 9. ENGINEERING SERVICES DEPARTMENT (a) EGD-030-12 Monthly Report on Building Permit Activity for 9-1 October, 2012 10. OPERATIONS DEPARTMENT No Reports 11. EMERGENCY AND FIRE SERVICES DEPARTMENT (a) ESD-017-12 Monthly Activity Report— September 2012 11-1 12. COMMUNITY SERVICES DEPARTMENT (a) CSD-011-12 Public Access Defibrillator Program - Expansion 12-1 13. MUNICIPAL CLERK'S DEPARTMENT (a) CLD-032-12 Appointments —Veridian Corporation and Departmental 13-1 Liaisons 14. CORPORATE SERVICES DEPARTMENT No Reports 15. FINANCE DEPARTMENT No Reports 16. SOLICITOR'S DEPARTMENT (a) LGL-008-12 Art Robinson v. Clarington et al. 16-1 175 Baseline Road, Bowmanville Newcastle Recycling v. Clarington 4349 Concession Road 4, Orono (b) LGL-009-12 Canadian Mosport Ventures Limited 16-3 Development Charges Complaint 3233 Concession Rd #10 17. CHIEF ADMINISTRATIVE OFFICE No Reports i G.P. & A. Agenda - 3 - November 12, 2012 18. UNFINISHED BUSINESS (a) Addendum Proposed Official Plan Amendment and Zoning By-law to Report Amendment to Permit the Construction of a Single PSD-039-12 Detached Dwelling on an Existing Lot of Record in Enniskillen 19. OTHER BUSINESS 20. COMMUNICATIONS None 21. CONFIDENTIAL REPORTS No Reports 22. ADJOURNMENT i Clar�ngton Lrudind'the Rut• General Purpose and Administration Committee Minutes October 29, 2012 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, October 29, 2012 at 9:30 a.m. in the Council Chambers. ROLL CALL Present Were: Mayor A. Foster Councillor R. Hooper Councillor M. Novak Councillor J. Neal Councillor W. Partner Councillor C. Traill Councillor W. Woo Also Present: Chief Administrative Officer, F. Wu Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Director of Planning Services, D. Crome Director of Corporate Services & Human Resources, M. Marano Operations Supervisor, C. Peters Director of Finance/Treasurer, N. Taylor Director of Emergency & Fire Services, G. Weir Deputy Clerk, A. Greentree Committee Coordinator, J. Gallagher Mayor Foster chaired this portion of the meeting. DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated at this meeting. ANNOUNCEMENTS Councillor Hooper attended the following: • Clarington Board of Trade Fall Manufacturing Familiarization Tour on Friday, October 26, 2012. • Ground Breaking Ceremony for the Duke of Cambridge Public School on Thursday, October 25, 2012. I i - 1 - 4-1 General Purpose and Administration Committee Minutes October 29, 2012 Councillor Hooper announced the following upcoming events: • Clarington Older Adult Association's Halloween Lunch and Costume Contest on Tuesday, October 30, 2012 at noon at the Clarington Beech Centre. • Clarington Board of Trade's 3rd Annual Ladies Night on Tuesday, October 30, 2012 at the Holiday Inn, Bowmanville. • Bowmanville Annual Armistice Dinner on Saturday, November 3, 2012. • Grand Re-Opening of the Bowmanville Kelsey's Restaurant on Saturday November 3, 2012. Councillor Novak attended the following events: • Basic Emergency Management Training two day course on October 24 and 25,.2012 at the Region of Durham. • Re-Opening of Roses Bistro & Flower Boutique on Thursday, October 25, 2012 on King Street in Bowmanville. Councillor Novak announced the following upcoming events: • Parent Police Coalition Meeting on Monday, October 29, 2012 at 7:00 p.m. at John M. James Public School 175 Mearns Avenue, Bowmanville. • St. Therese Christmas Bazaar on Saturday, November 3, 2012 at St. Therese Roman Catholic Church Hall at 3800 Courtice Road North, Courtice. • Grand opening of Avis Optometric Centre on Saturday, November 3, 2012 at 15 Roswell Drive. • Eldad United Church Roast Beef Dinner on Sunday, November 4, 2012 at the Solina Hall. • Region of Durham Curbside Battery Collection Program during the week of November 12, 2012. • Draft Oshawa Creek Watershed Plan & Draft Black/Harmony/Farewell Creek Watershed Plan Public Information Centre, hosted by the Central Lake Ontario Conservation Authority, on Tuesday, November 6, 2012 at 6:30 p.m. at Faith United Church located at 1778 Nash Road. Councillor Partner attended the following events: • Electronic Waste & Household Hazardous Waste Collection on Saturday, October 27, 2012 at the Clarington Operations Depot. • Orono Halloween Bash, hosted by the Orono Business Improvement Association, on Saturday, October 27, 2012 at the Orono Town Hall. Councillor Partner announced the following upcoming events: • Kendal Lions Pancake Breakfast on Sunday, November 4, 2012. • Remembrance Day Parade on Sunday, November 4, 2012 starting at 1:15 p.m. beginning at the Orono Oddfellows & Rebekah Hall. - 2 - 4-2 General Purpose and Administration Committee Minutes October 29, 2012 Councillor Traill attended the following events: • St. Joseph's Catholic Church Bazaar on October 27, 2012 at 127 Liberty St. S., Bowmanville. • Opening Reception for the Visual Arts Centre's 32nd Annual Juried Art Show on Sunday, October 28, 2012. Councillor Traill announced the opening of a new business, Floratechnics, on Saturday, November 3, 2012 at 11:00 a.m. Councillor Woo attended the Re-Opening of Roses Bistro & Flower Boutique on Thursday, October 25, 2012 on King Street in Bowmanville. Councillor Woo announced the following upcoming events: • Grand Opening of the new Royal Bank on Monday, October 29, 2012 at 9:30 a.m. at the corner of Liberty and King, Bowmanville. • Newcastle Historical Society History of Newcastle Movie Night on Tuesday, November 6, 2012 at the Newcastle Community Hall Centennial Room. • Grand Re-Opening of the Bowmanville Kelsey's Restaurant on Saturday November 3, 2012. Mayor Foster attended the following events: • Bowmanville High School Commencement on Friday, October 26, 2012. • Puck Drop Flames Cup Girls Hockey Challenge on Saturday, October 27, 2012 at Garnet B. Rickard Recreation Complex. Mayor Foster announced the following upcoming events: • Bowmanville Toastmasters Club 25th Anniversary on Saturday, November 3, 2012 at the Quality Hotel & Conference Centre, 1011 Bloor St. East in Oshawa. • Grand Opening of the new Royal Bank on Monday, October 29, 2012 at 9:30 a.m. at the corner of Liberty and King, Bowmanville. • Royal Canadian Legion is selling poppies. MINUTES Resolution #GPA-505-12 Moved by Councillor Hooper, seconded by Councillor Neal THAT the minutes of the regular meeting of the General Purpose and Administration Committee held on October 15, 2012, be approved. CARRIED - 3 - 4-3 i General Purpose and Administration Committee Minutes October 29, 2012 Councillor Novak chaired this portion of the meeting. PUBLIC MEETING (a) Subject: Application to Amend the Zoning By-law 84-63 Applicant: Sylvia Vanhaverbeke Report: PSD-046-12 Paul Wirch, Planner, made a verbal and PowerPoint presentation to the Committee regarding the application. No one spoke in opposition to or in support of the application. Edmond Vanhaverbeke was present on behalf of the applicant. He stated that he is in support of the recommendations contained in the Report and that he was available to answer any questions. Mayor Foster chaired this portion of the meeting. DELEGATIONS Glenn McLeod, Field Advisor, Trees Ontario, was present regarding the 50 Million Tree Program. He made a verbal presentation to accompany a PowerPoint presentation and a handout of a brochure. Mr. McLeod explained the purpose of Trees Ontario, including the importance of planting trees. He noted that Trees Ontario has a target of planting 50 million trees by the year 2025. Mr. McLeod explained that Trees Ontario provides funding, planning, training, communications, and public education programs. He noted that 2012 was the first year Trees Ontario added windbreak and riparian planting programs. Mr. McLeod asked that Council direct Staff to display the brochure for Trees Ontario, as well as promote the program on the Municipality's website. Resolution #GPA-506-12 Moved by Councillor Hooper, seconded by Councillor Novak THAT the delegation of Glenn McLeod, Field Advisor, Trees Ontario, regarding the 50 Million Tree Program, be received with thanks; and THAT Staff be directed to display the brochure in the display at reception, as well as provide a link to Trees Ontario on the Municipality's website. CARRIED - 4 - 4-4 General Purpose and Administration Committee Minutes October 29, 2012 Frank Debrah was present requesting a pedestrian walkway to bridge the Townline Road gap. He made a verbal presentation to accompany a PowerPoint presentation. Mr. Debrah explained that his passion is sustainable development and he has an interest in establishing a pedestrian walkway to bridge the Townline Road gap in order to create a better environment for the citizens. Mr. Debrah explained that he walks most places and the lack of connection on the Townline Road is a barrier between the south and north areas of Courtice. He believes that a pedestrian walkway will improve sustainability, improve health, and assist citizens with mobility issues. Mr. Debrah noted that this would be similar to several examples in Europe. He asked that Council agree to the plan, in principle, with further investigation into a public-private partnership. Mr. Debrah urged the Committee to work towards a link between the two areas, whether or not it is at Townline Road. Resolution #GPA-507-12 Moved by Councillor Novak, seconded by Councillor Neal THAT the delegation of Frank Debrah regarding requesting a pedestrian walkway to bridge the Townline Road gap, be referred to Engineering Services to be included in their valley land trail planning project. CARRIED Bernie Robinson was called but was not present. RECESS Resolution #GPA-508-12 Moved by Councillor Hooper, seconded by Councillor Novak THAT the Committee recess for 10 minutes. CARRIED The meeting reconvened at 10:36 a.m. PRESENTATIONS There were no presentations. Councillor Novak chaired this portion of the meeting. - 5 - 4-5 General Purpose and Administration Committee Minutes October 29, 2012 PLANNING SERVICES DEPARTMENT AN APPLICATION BY SYLVIA VANHAVERBEKE TO REZONE LANDS IN THE NEWCASTLE VILLAGE CENTRE FROM RESIDENTIAL TO COMMERCIAL Resolution #GPA-509-12 Moved by Councillor Woo, seconded by Councillor Partner THAT Report PSD-046-12 be received; THAT the application to amend the Zoning By-law, as submitted on behalf of Sylvia Vanhaverbeke, be approved, and that the draft Zoning By-law Amendment, as contained in Attachment 2 to Report PSD-046-12, be passed; THAT the Durham Regional Planning Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-046-12 and Council's decision; and THAT all interested parties listed in Report PSD-046-12 and any delegations be advised of Council's decision. CARRIED Councillor Traill chaired this portion of the meeting. ENGINEERING SERVICES DEPARTMENT MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR SEPTEMBER, 2012 Resolution #GPA-510-12 Moved by Councillor Neal, seconded by Councillor Hooper THAT Report EGD-029-12 be received for information. CARRIED i i - 6 - 4-6 General Purpose and Administration Committee Minutes October 29, 2012 REQUEST FOR REPORT— USING ROAD ALLOWANCE FOR OVERFLOW PARKING Resolution #GPA-511-12 Moved by Councillor Woo, seconded by Councillor Partner THAT Staff be directed to prepare a report regarding the opportunity to use the unopened road allowance bounded by Queen Victoria Street and Boulton Street (commonly referred to as George Manners Street road allowance) as overflow parking to Bond Head Parkette. CARRIED OPERATIONS DEPARTMENT There were no reports to be considered under this section of the Agenda. Councillor Hooper chaired this portion of the meeting. EMERGENCY AND FIRE SERVICES DEPARTMENT COST TO PREPARE A FIRE MASTER PLAN — IN-HOUSE Resolution #GPA-512-12 Moved by Mayor Foster, seconded by Councillor Partner THAT Report ESD-016-12 be received for information. CARRIED Councillor Neal chaired this portion of the meeting. COMMUNITY SERVICES DEPARTMENT PUBLIC ACCESS DEFIBRILLATOR PROGRAM — LAKERIDGE HEALTH AGREEMENT RENEWAL Resolution #GPA-513-12 Moved by Councillor Hooper, seconded by Councillor Novak THAT Report CSD-009-12 be received; - 7 - 4-7 General Purpose and Administration Committee Minutes October 29, 2012 THAT Council authorize the Mayor and Clerk to sign the Agreements provided by the Central East Prehospital Care Program (CEPCP), on behalf of Lakeridge Health; THAT Central East Prehospital Care Program be advised of action taken; and THAT the Orono Arena Board, Newcastle Arena Board and the Newcastle Community Hall Board be advised of action taken. CARRIED AS AMENDED (See following motion) Resolution #GPA-514-12 Moved by Councillor Partner, seconded by Councillor Traill THAT the foregoing Resolution #GPA-513-12 be amended by adding the following at the end: "THAT Staff be directed to report back to the November 12, 2012 General Purpose and Administration Committee meeting on providing defibrillator service at all the hall boards." CARRIED The foregoing Resolution #GPA-513-12 was then put to a vote and carried as amended. 2013 COMMUNITY GRANT PROGRAM, BALANCE SHEET Resolution #GPA-515-12 Moved by Councillor Partner, seconded by Mayor Foster THAT Report CSD-010-12 be received for information. CARRIED Councillor Partner chaired this portion of the meeting. - 8 - 4-8 i General Purpose and Administration Committee Minutes October 29, 2012 CLERK'S DEPARTMENT 3rd QUARTER PARKING REPORT Resolution #GPA-516-12 Moved by Councillor Hooper, seconded by Mayor Foster THAT Report CLD-031-12 be received; and THAT a copy of Report CLD-031-12 be forwarded to the Bowmanville Business Centre for their information. CARRIED REQUEST FOR REPORT — COST BENEFIT OF PARKING METERS IN DOWNTOWN BOWMANVILLE Resolution #GPA-517-12 Moved by Councillor Neal, seconded by Councillor Traill THAT Staff be directed to prepare a cost benefit report on on-street parking meters in Bowmanville; and THAT this report include input from the Business Improvement Areas. CARRIED Mayor Foster chaired this portion of the meeting. CORPORATE SERVICES DEPARTMENT CL2012-29, GUIDERAIL IMPROVEMENTS, VARIOUS LOCATIONS Resolution #GPA-518-12 Moved by Councillor Partner, seconded by Councillor Woo THAT Report COD-026-12 be received; THAT Peninsula Construction Inc., Fonthill, ON with a total bid in the amount of $328,907.76 (Net of HST Rebate), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2012-29, be awarded the contract for 2012 Guiderail Improvements, Various Locations as required by the Engineering Department; - 9 - 4-9 General Purpose and Administration Committee Minutes October 29, 2012 THAT the funds required in the amount of$403,000.00 which includes $328,907.76 for tender, design contract administration and contingencies and net HST be drawn from the following accounts: Roadside Protection Program, 110-32-330-83338-7401 $397,000.00 (2012, 2011 and 2010) Bridge Maintenance, 100-36-380-10200-7112 $ 6,000.00 Total Funds Required $403,000.00 ;and THAT the Mayor and Clerk be authorized to execute the necessary agreement. CARRIED The order of the Agenda was altered to consider Unfinished Business Item (b). REPORT COD-025-12, RFP2012-8 FIRE MASTER PLAN (TABLED FROM OCTOBER 15, 2012 GPA MEETING) Resolution #GPA-519-12 Moved by Councillor Novak, seconded by Councillor Hooper THAT Resolution #GPA-488-12 be lifted from the table. CARRIED The following resolution was before the Committee: Resolution #GPA-488-12 Moved by Councillor Hooper, seconded by Councillor Traill THAT Report COD-025-12 be received; THAT Dillon Consulting, Toronto, Ontario, with a total estimated bid price of$71,226.91 (net of H.S.T. Rebate), being the highest ranked proposal meeting all terms, conditions and specifications be awarded the contract for RFP2012-8 Provision of Consulting Services — Fire Master Plan, as required by the Emergency and Fire Service Department; and - 10 - 4-10 General Purpose and Administration Committee Minutes October 29, 2012 THAT the funds required in the amount of$71,226.91 be drawn from the 2012 Emergency and Fire Services Administration — Consulting account #100-28-130-00000-7160. CARRIED HOLIDAY TRAIN EVENT—ADDITIONAL FUNDING Resolution #GPA-520-12 Moved by Councillor Neal, seconded by Councillor Hooper THAT $2000 be allocated for the Holiday Train event assistance should an insufficient number of volunteers sign up. CARRIED COAA VEHICLE PURCHASE Resolution #GPA-521-12 Moved by Councillor Hooper, seconded by Councillor Neal WHEREAS the Mayor's Classic Golf Tournament raised $25,000.00 in donations; AND WHEREAS the Municipality of Clarington has made a generous donation of the proceeds from the Mayor's Classic Golf Tournament to the Clarington Older Adults Board to assist with Clarington Older Adults Association Wheels in Action Program; AND WHEREAS Clarington Older Adults Association is now in a position to purchase an additional vehicle to supplement Wheels in Action Program; AND WHEREAS the Clarington Older Adult Centre Board has directed the COAA Executive Director to move forward with a formal request for information from all of the local vehicle dealerships within Clarington; NOW THEREFORE BE IT RESOLVED THAT the requirements of Municipal Purchasing By-law#2010-112 be waived for this transaction; THAT the Executive Director be authorized to solicit Expressions of Interest from Clarington only new car dealers to determine the availability and price of vehicles suitable for Clarington Older Adults Centre requirements; THAT the Executive Director be authorized to negotiate a purchase price, within budget, for a selected vehicle and issue a purchase order; - 11 - 4-11 i General Purpose and Administration Committee Minutes October 29, 2012 THAT the vehicle be paid for by the Clarington Older Adults Board using the donated funds totaling $25,000; and THAT the vehicle be registered in the name of the Municipality of Clarington. CARRIED FINANCE DEPARTMENT FINANCIAL UPDATE AS AT SEPTEMBER 30, 2012 Resolution #GPA-522-12 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report FND-024-12 be received for information. CARRIED SOLICITOR'S DEPARTMENT There were no reports to be considered under this section of the Agenda. CHIEF ADMINISTRATIVE OFFICER FEDERAL ELECTORAL BOUNDARIES — MUNICIPALITY'S RESPONSE TO BOUNDARY COMMISSION'S PROPOSALS Resolution #GPA-523-12 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report CAO-005-12 be received; and THAT Council approve Scenario 1 in the map, attached to Report CAO-005-12, as the basis of the Municipal submission to the Federal Electoral Boundaries Commission for Ontario. CARRIED - 12 - 4-12 General Purpose and Administration Committee Minutes October 29, 2012 UNFINISHED BUSINESS REPORT LGL-006-12, THE LEASE OF CLOSED ROAD ALLOWANCE (BOND STREET) TO SHERYL AND STAN ZULY, 627 MILL STREET SOUTH, NEWCASTLE (TABLED FROM OCTOBER 15, 2012 GPA MEETING) Resolution #GPA-524-12 Moved by Councillor Partner, seconded by Councillor Woo THAT Resolution #GPA-473-12 be lifted from the table. CARRIED The following resolution was before the Committee: Resolution #GPA-473-12 Moved by Councillor Woo, seconded by Councillor Partner THAT Report LGL-006-12 be received; THAT the current lease agreement be terminated; THAT the westerly half of the unopened Bond Street road allowance be offered for lease to the Zuly's; THAT the easterly half of the unopened Bond Street road allowance be offered for lease to the Love's; and THAT all property owners abutting the unopened Bond Street road allowance be notified of the proposed leases immediately. CARRIED AS AMENDED (See following motion) Resolution #GPA-525-12 Moved by Councillor Woo, seconded by Councillor Partner THAT the foregoing Resolution #GPA-473-12 be amended by adding the following at the end: "THAT should Mr. & Mrs. Love not wish to enter into the lease being offered, then the existing lease agreement with Mr. & Mrs. Zuly will remain status quo." CARRIED - 13 - 4-13 I General Purpose and Administration Committee Minutes October 29, 2012 The foregoing Resolution #GPA-473-12 was then put to a vote and carried as amended. CORRESPONDENCE FROM JOHN O'TOOLE, M.P.P., DURHAM, PROVIDING AN UPDATE ON BILL 121 —ABILITY TO PAYACT(TABLED FROM OCTOBER 15, 2012 GPA MEETING) Resolution #GPA-526-12 Moved by Councillor Neal, seconded by Councillor Hooper THAT the correspondence from John O'Toole, M.P.P., Durham, regarding Bill 121 — Ability to Pay Act, be lifted from the table. CARRIED Resolution #GPA-527-12 Moved by Councillor Neal, seconded by Councillor Partner THAT the correspondence from John O'Toole, M.P.P., Durham, regarding Bill 121 — Ability to Pay Act, be received for information. CARRIED OTHER BUSINESS There were no items considered under this section of the Agenda. COMMUNICATIONS There were no items considered under this section of the Agenda. CONFIDENTIAL REPORTS There were no items considered under this section of the Agenda. - 14 - 4-14 General Purpose and Administration Committee Minutes October 29, 2012 ADJOURNMENT Resolution #GPA-528-12 Moved by Councillor Partner, seconded by Councillor Woo THAT the meeting adjourn at 12:59 p.m. CARRIED MAYOR DEPUTY CLERK - 15 - 4-15 j I PUBLIC MEETING REPORT#PSD-048-12 Michael Fowler for Doreen Wallraff NOTICE OF COMPLETE APPLICATION Leading the Way AND PUBLIC MEETING The Municipality of Clarington has received a Complete Applications for a proposed Zoning By-law Amendment. APPLICANT: Michael L. Fowler, Solicitor(on behalf of Doreen Wallraff$) PROPERTY: 6525 Old Scugog Road, R.R.1, Bowmanville PROPOSAL: To change the zoning on a recently severed parcel of land from Agricultural Exception (A- 1)to Agricultural Exception (A-81)to prohibit residential uses. FILE NO.: ZBA 20120016 (k-REF: LD 2012-087) A Public Meeting to receive input on the application will be held on: DATE: Monday, November 12, 2012 TIME: 9:30 a.m. PLACE: Council Chambers, 2nd Floor, Municipal Administrative Centre, 40 Temperance St., Bowmanville, Ontario Additional information relating to the application is available for inspection between 8:30 a.m. and 4:30 p.m. (during July and August 8:00 a.m. and 4:00 p.m.) at the Planning Services Department, 3rd Floor, 40 Temperance Street, Bowmanville, Ontario L1 C 3A6, or by calling Kristy Kilbourne (905) 623-3379, extension 2424 or by e-mail at kkilbourne @clarington.net. If you cannot attend the Public Meeting on this application you can make a deputation to Council at their, meeting on Monday, November 19, 2012, commencing at 7:00 p.m. Should you wish to appear before Council, you must register with the Clerks Department by noon on Wednesday, November 14, 2012 to have your name appear on the Agenda. APPEAL If a person or public body does not make oral submissions at a public meeting or make written submissions to the Municipality of Clarington, Planning Services Department before the by law is passed, the person or public body.• i) is not entitled to appeal the decision of Clarington Council to the Ontario Municipal Board,and ii) may not be added as a party to the hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to do so. I Date ft te Municipality of Clarington this Z day of 2012. Da id .ACroTme, M.C.I.P., R.P.P. 40 Temperance Street Director of Planning Services Bowmanville, Ontario Municipality of Clarington L1C 3A6 Cc: LDO 5-1 . LS OVOU IYNOIV38 c n o Q o rn to C U vAFip 44tl tlii 2 avoa000nosalo L4 GVOU IVNOIS7N LL`°• i 1 W m 6 1 m Q • 1 1 v 1 W �z L1..N N �Q W S'LL E _ Cl � o I civoa oOJnos O10 i I i 5-2 i DRAFT LIST OF DELEGATIONS GPA Meeting: November 5, 2012 (a) Bob Kreasul Regarding the Dredging of Bowmanville Creek (b) Andy Wiggers, Wiggers Custom Yachts, Regarding the Dredging of Bowmanville Creek 6-1 ClarftwnREPORT PLANNING SERVICES DEPARTMENT PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: November 12, 2012 Resolution#: By-law#: Report#: PSD-048-12 File#: ZBA 2012-0016 (X-REF: LD 2012-087) Subject: AN APPLICATION BY DOREEN WALLRAFF TO CHANGE THE ZONING ON A RECENTLY SEVERED FARM PARCEL OF LAND TO PROHIBIT NEW RESIDENTIAL USES RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-048-12 be received; 2. THAT provided no significant objections are received, the application for Zoning By-law Amendment submitted on behalf of Doreen Ruth Wallraff be approved; 3. THAT the Durham Regional Planning Department, the Durham Regional Land Division Committee, and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-048-12 and Council's decision; and 4. THAT all interested parties listed in Report PSD-048-12 and any delegations be advised of Council's decision. Submitted by: Reviewed :b Y avi . Crome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer KK/C P/av/df 5 November 2012 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T905-623-3379 8-1 i REPORT NO.: PSD-048-12 Page 2 1. APPLICATION DETAILS 1.1 Applicant: Michael L. Fowler, Solicitor 1.2 Owner: Doreen Ruth Wallraff 1.3 Proposal: The Applicant proposes to rezone a total of 41.2 ha of farm land to prohibit residential uses. This will facilitate the severance of a 0.78 ha surplus residential lot which was rendered surplus as a result of a consolidation with abutting farm property to the east. 1.4 Area: 41.2 ha 1.5 Location: Part Lot 18, Concession 6, former Township of Darlington, 6525 Old Scugog Road, Bowmanville 2. BACKGROUND 2.1 The Applicant, Doreen Wallraff, owns a property of approximately 42 ha at 6525 Old Scugog Road. Kobes Nurseries, Inc. owns a 35.6 ha property at 6878 Regional Rd 57, abutting Ms. Wallraff's property to the east, as well as several other properties, totalling 361.26 acres. Ms. Wallraff is seeking to sell 41.2 ha of her Old Scugog Road property to Kobes Nurseries, Inc., retaining a 0.78 ha surplus residential lot to accommodate her existing house, septic system, and landscaping. 2.2 On September 10, 2012, Durham Land Division Committee granted conditional approval to Ms. Wallraff's request to sever a 0.78 ha surplus dwelling lot surrounding her existing house, and to permit the balance of the lands to meld with the parcel to the east. In order to satisfy the requirements of the Region of Durham Planning Department, one of the conditions of approval for the severance was that the retained farm property (41.2 ha) must be rezoned to prohibit the establishment of future residential uses. 2.3 Consequently, on September 12, 2012, Doreen Wallraff submitted an application for rezoning as partial fulfilment of the conditional approval granted by the Durham Regional Land Division Committee for the severance of the 0.78 ha surplus residential lot from the 42 ha farm property. 3. LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The 42 ha parcel has two existing dwellings fronting on Old Scugog Road. One is in the vicinity of the barn, approximately 360 metres south of Concession Road 7, while the second, or surplus dwelling, is approximately 400 metres further south as shown below. The surplus dwelling is at the front of the woodlot portion of the property. At present, the agricultural lands on the property are being farmed. 8-2 REPORT NO.: PSD-048-12 PAGE 3 2312 CONCESSION ROAD 7- - - l S Wallraff' 1 _ Farm b Kobes Nurseries :Proposed surplus \ ---- t- dwelling lot 100 ink a-. •ww.�-- - -. \\\ y'v 0.78 Ha •775mt ,t A ; ZBA 2012-0016 View of lands to be melded with Kobes' abutting property to the east 3.2 The surrounding uses are as follows: North - Agricultural South - Agricultural East - Agricultural West - Agricultural 4. PROVINCIAL POLICY 4.1 Provincial Policy Statement The Provincial Policy Statement permits lot creation for a residence surplus to a farm operation as the result of farm consolidation provided that the local planning authorities ensure that new residential dwellings are prohibited on any remnant parcel of farmland . created by the severance. 8-3 REPORT NO.: PSD-048-12 PAGE 4 In order to comply with the Provincial Policy Statement, this application is being sought to prohibit new residential uses on the remnant parcel of farmland created by the severance. 4.2 Greenbelt Plan The Greenbelt Plan permits the severance of a residence surplus to a farming operation as a result of a farm consolidation where the residence was an existing use as of the date the Greenbelt Plan came into force. Additionally, the local planning authority must ensure that no new residential dwellings are permitted on the agricultural lot created by the severance. The existing residence, located on the severed lot was built in 1975 and therefore has been a legally existing use since before the Greenbelt Plan came into force in 2004 and this application is being sought to prohibit new residential uses on the severed lands. 4.3 Provincial Growth Plan The Provincial Growth Plan states that residential development should be directed to settlement areas. Consequently, rezoning these lands to prohibit residential uses is consistent with the Provincial Growth Plan. 5. OFFICIAL PLANS 5.1 Durham Regional Official Plan The Durham Regional Official Plan designates this property as "Prime Agricultural Areas." Pursuant to section 9A.2.9 of the Regional Official Plan, the severance of a dwelling rendered surplus as a result of the consolidation of abutting farms is permitted subject to the following criteria: • The farms are merged into a single parcel; • The dwelling is not needed for a farm employee; • Within the Protected Countryside of the Greenbelt Plan Area, the dwelling was in existence as of December 16, 2004; and • The farm parcel to be acquired is zoned to prohibit any further severance and the establishment of any residential dwelling. Additionally, the creation of lots shall comply with the Minimum Distance Separation formulae. These criteria are reviewed and commented on in Section 9 of this report. 8-4 REPORT NO.: PSD-048-12 PAGE 5 5.2 Clarington Official Plan 5.2.1 The Clarington Official Plan designates the property as "Prime Agricultural Area". Within the Clarington Official Plan, the severances of dwellings which are rendered surplus as a result of the consolidation of abutting farms may be permitted subject to the following criteria: • The farms are merged into a single parcel; • The dwelling to be severed is not required for farm employees; and • The surplus dwelling lot is generally less than 0.6 ha. At approximately 0.78 ha the proposed surplus dwelling lot exceeds the 0.6 ha recommended surplus lot size. This item is reviewed in Section 9 of this report. 5.2.2 The applicant's property includes Significant Woodlands in the southeast corner of the property, extending northwest to the rear of the proposed surplus dwelling lot. Based on the presence of this natural heritage feature, the Clarington Official Plan states that development applications, such as land division and rezoning applications within or abutting a natural feature, shall require an Environmental Impact Study (EIS). Part of the purpose of the EIS is to identify the limits of the natural heritage features and how to mitigate the effects of the proposed development upon these features. No new development is proposed through this rezoning thus an Environmental Impact Study is not required. The property line of the surplus dwelling lot to be severed has been determined in consultation with the Conservation Authority as part of the original Land Division application. 5.2.3 The application conforms to the Official Plan. 6. ZONING BY-LAW 6.1 Zoning By-law 84-63 zones the subject lands "Agricultural Exception (A-1)". In order to comply with the Clarington Official Plan and other aforementioned plans and policy, this property will be rezoned to "Agricultural Exception (A-81)", an existing Agricultural Exception Zone which allows only non-residential uses. This will render the dwelling that is currently on the property as a legal non-conforming use as per section 3.7.a of the Zoning By-law. 7. PUBLIC NOTICE AND SUBMISSIONS i 7.1 Public notice was given by mail to each landowner within 120 metres of the subject site. Public meeting signs were installed on the property. Both the notice and the sign were mailed and erected prior to the public meeting to comply with the Official Plan and Planning Act requirements. No inquiries on the application were received from the public at the time of the writing of this report. 8-5 REPORT NO.: PSD-048-12 PAGE 6 8. AGENCY COMMENTS 8.1 The application and supporting documentation were circulated to a limited number of agencies for review and comment. The Regional Planning Department and the Regional Health Department advised they have no objection to the proposed rezoning. 9. DEPARTMENTAL COMMENTS 9.1 Engineerinq Services Engineering Services Department have no objections to the proposed rezoning. 10. DISCUSSION 10.1 The Wallraff farm is approximately 42 ha with farm structures, as well as two residential dwellings, one of which is surplus to Kobes' anticipated future needs (the surplus dwelling). Kobes Nurseries Inc. owns the abutting property to the east, Part Lot 17, Concession 6, which consists of 35.6 ha of land with approximately 33 ha being workable land. On this property, there are farm buildings and structures, as well as a residence occupied by seasonal migrant workers. The combined parcel will be a single parcel of approximately 77 ha. 10.2 The residential lot severance is approximately 0.78 ha in size. The Clarington Official Plan requires that the lot size of a surplus dwelling severance be generally less than 0.6 ha. However, Staff supported the applicant in the original land division application that the larger lot size requested was necessary in order to include the existing house, driveway, septic system and landscaping. It meets the intent of the Official Plan. 10.3 As a condition of the severance approved by the Durham Regional Land Division Committee, the Applicant's 41.2 ha retained farm parcel that is to be melded with Kobes' abutting 35.6 ha property to the east must be rezoned to prohibit any future residential development. 10.4 The proposed rezoning conforms with the Provincial Policy Statement, the Greenbelt Plan, the Durham Regional Official Plan, and the Clarington Official Plan. This application is the last step in the process to sever the surplus dwelling lot. There have been no objections to this application from any of the circulated agencies and no comments received from the public. This application will prohibit any future residential uses,from being established on the retained lands (41.2 ha) that will be melded with the abutting Kobes property and will permit the severance of a surplus residential dwelling lot (0.78 ha). Therefore, Staff support this application to amend Zoning By-law 84-63. 11. CONCURRENCE — Not Applicable 8-6 REPORT NO.: PSD-048-12 PAGE 7 12. CONCLUSION 12.1 Based on the comments provided in this report, it is respectfully recommended that the rezoning application be APPROVED. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Kristy Kilbourne, Planner 1, Special Projects Branch Attachments: Attachment 1 - Key Map Attachment 2 - Zoning By-law List of interested parties to be advised of Council's decision: Doreen Ruth Wallraff Kobes Nurseries Inc. 8-7 Attachment 1 To Report PSD-048-12 c o c a� � is0voa-rvNOiOaa .a a) L C E (� as 0 N� _ � a M o �, Na = N s V- 3 0 H a s o L O o =3 @ 5 N O & U) ❑ as 0 N = _ U o O QGV08 DOOMS 010 L a L9 avOU WN0I03N Ca • ® LL I + w� o¢ Y Z f Z J W L_ LL N L N J Q W 9'LL E m ® r avow 000nos ago 8-8 I i Attachment 2 To Report PSD-048-12 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO.2012-. being a By-law to amend Zoning By-law 84-63,for the Corporation of the Municipality of Clarington WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA 2012-0016; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "1" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Agricultural Exception (A-1) Zone" to "Agricultural Exception (A-81) Zone" as illustrated on the attached Schedule "A" hereto. 2. Schedule"A"attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. BY-LAW passed in open session this day of 2012 Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk g_g This is Schedule "A" to By-law 2012- , passed this day of , 2012 A.D. J CONCESSION ROAD 7 [4NO /V Zoning Change From"A-1"To"A-81" ®Zoning To Remain"A-1" Adrian Foster,Mayor Patti L.Barrie,Municipal Clerk 4ROADCONCESSION ROA07 CONCE SIGN a CON CESSION ROADS I v a � Z K � o DARLINGTON REGIONALROPD4 ` ZBA 012-0016 (TAUMON ROAD) SCHEDULE 1 8-10 Cladwgton REPORT PLANNING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: November 12, 2012 Resolution#: By-law#: Report#: PSD-049-12 File#: GEA 2012-0008 Subject: APPLICATION UNDER THE FIT AND MICRO-FIT PROGRAM OF THE GREEN ENERGY ACT 2009 FOR 3845 MIDDLE ROAD RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-049-12 be received; 2. THAT Council approve the resolution contained in Attachment 2 supporting FIT applications by Mann Engineering on behalf of Bowmanville Golf and Curling for 3845 Middle Road; and 3. THAT all interested parties listed in Report PSD-049-12 be advised of Council's decision. Submitted by: Reviewed bf- ��v�S� Y fik'vidV/-Crome', MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer KK/CP/av/df 5 November 2012 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 8-11 REPORT NO.: PSD-049-12 PAGE 2 1. BACKGROUND 1.1 As Council is aware the Green Energy Act of 2009 was created to support and encourage the expansion of renewable energy sources, support energy conservation and facilitate the expansion of the green energy job market. The FIT (feed-in tariff) and microFIT programs were created under this legislation, and are meant to support small and large scale clean energy generation projects which will feed such energy back into the Ontario electrical grid, with the electricity generated paid for by the Ontario Power Authority (OPA). Through these programs, OPA enters into contracts with property owners and businesses to purchase the energy produced. 1.2 Staff report PSD-040-12, considered by Committee in September advised how the FIT program was revised earlier this year with the new rules coming into force August 10. FIT applications are now reviewed based on a point system. A Council resolution supporting a proposed FIT application has greater chance of being accepted by the OPA. A new application under the revised FIT program has recently been received seeking a Council resolution in support of the proposal. 2. APPLICATIONS 2.1 Mann Engineering 2.1.1 Proposal Mann Engineering has requested Council support for a rooftop solar project for Solartek Green Earth Rooftop LP on existing buildings located at 3845 Middle Road. 3845 Middle Road is the location of Bowmanville Golf and Curling. The rooftop solar panels are proposed to cover the entire roof of the existing building used for golf cart storage and maintenance equipment. The project would have a capacity to create 80 kW of electricity. 2.1.2 Comments The property owned by Bowmanville Golf and Curling is on the east side of Middle Road south of Concession Road 4. The property is zoned "Agricultural Exception (A-8)" and is being used for a golf course. The property has an existing building proposed to be used for the roof mounted solar panels. The following chart reviews the project against the checklist identified in Report PSD-040-12 which provided the background on the recent changes to the FIT and microFIT programs. I I 8-12 REPORT NO.: PSD-049-12 PAGE 3 Topic Description Strategic Plan The proposed project complies with the strategic plan's objective of Conformity "promoting green initiatives". Community Benefit No specific community benefit was identified as part of the application. As with other recent FIT applications the income from the rooftop solar units can assist in ensuring the existing golf course operation remains viable. Financial Burden None known on Clarington Community Given the location and size of this project community consultation is Consultation not warranted. Property Use Risk None known Mitigation OP Policies The Official Plan Policies allows a golf course on the subject lands. Zoning Regulations The Agricultural Exception (A-8) permits a golf course in addition to other agricultural uses. 3. CONCURRENCE — Not Applicable 4. CONCLUSION 4.1 Staff recommend support for this application. CONFORMITY WITH STRATEGIC PLAN The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: x Promoting economic development Maintaining financial stability Connecting Clarington X Promoting green initiatives Investing in infrastructure Showcasing our community Not in conformity with Strategic Plan Staff Contact: Carlo Pellarin, Manager, Development Review Branch Attachments: Attachment 1 - Key Map Attachment 2 — Draft FIT Resolution 8-13 Attachment 1 To Report PSD-049-12 LAV;SNUON —AV S N2A Ii N N p zQ°z CF) r+ ) CD 1S k12i3011 �. W+ 00 V J1 � L. O ® S 0� z r C 'c C ° > .2 oa:3�00nv 6 — N W Y Q C J Q� W CC ,> [s:Gb iVNOI03a CL O 0 a. m OlO'SCUGOG'9D RD �5N 2 ` 1 ' r' � :_ gin. Mme_{` �' � `'-�: .�i:#• _�_ -- lk At IT N". S, � s •st,� r ' .+ ; f• s� ,i { ?c•. ' * ''�` !aY����. � �f�r•�'r � r � " ;r� � - 1 �f',. �� - r1 �` a� ! i4.%~fir" •. e.�h�rr f�.... � - t"-• 'fit'=:Ee. •.� �j % •-! •'j ,y1' '� '•+a� {.• �-:1�:\t -' r'� { r\�s�,!': ��v�fiti , fir �. „ ��'.� . �f :ytr,. , \ ., !ice r,, •- ;. �',,f ;,' '�i '- ` 4 ��' .Y � ��`• �f=`.�"r�*'f-� � ��� �,k>� �'S�'ttil Y y���tl ., � ,a��`i i. o ,y' ` .f,�l� Q r1�*� q.�w,4 4 t�. r},..i'`„i a����;;,, �r`� `,t�`,�•`i ' � Sj ( • p y � tires % �j`,R �„fib`- , Y.f3• ,?' St R�: r +,:: {{ r k , r 1* P. ilk yy st y� t . � .< °� i•, Sim' 5 ', y4�� ��t � �4�� r � r.�'• ',.�'� r y- f) Attachment 2 to Report PSD-049-12 WHEREAS Mann Engineering (the applicant) proposes to construct and operate a rooftop solar array (the "Project") on existing buildings associated with the golf course and the conference centre building for the Bowmanville Golf Course to be constructed to accommodate solar panels on the lands at 3845 Middle Road (the "Lands") in the Municipality of Clarington under the Province's FIT Program; AND WHEREAS the Applicant has requested that Council of the Municipality of Clarington indicate by resolution Council's support for the construction and operation of the Project on the Property; AND WHEREAS, pursuant to the rules governing the FIT Program (the "FIT Rules"), Applications whose Projects receive the formal support of Local Municipalities will be awarded Priority Points, which may result in the Applicant being offered a FIT Contract prior to other persons applying for FIT Contracts; NOW THEREFORE BE IT RESOLVED THAT: Council of the Municipality of Clarington supports without reservation the construction and operation of the Project on the Lands. This resolution's sole purpose is to enable the Applicant to receive Priority Points under the FIT Program and may not be used for the purpose of any other form of municipal approval in relation to the Application or Project or any other purpose. Cladiwn REPORT PLANNING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: November 12, 2012 Resolution#: By-law#: Report#: PSD-050-12 File#: PLN 1.1.5.2 Subject: PROVINCIAL POLICY STATEMENT, FIVE YEAR REVIEW (2012) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-050-12 be received and endorsed as the Municipality's comments to the Province of Ontario on the review of the Provincial Policy Statement; and 2. THAT the Durham Regional Planning Department and the Ministry of Municipal Affairs and Housing be forwarded a copy of Report PSD-050-12 and Council's decision. Submitted by: Reviewed by: - D rome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer NG/COS/sn 5 November 2012 I CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 8-16 REPORT NO.: PSD-050-12 PAGE 2 1. PURPOSE 1.1 Ontario is undertaking the five year review of the Provincial Policy Statement (PPS). A draft was circulated to all municipalities and organizations on September 24th, 2012. The province has requested comments by November 23rd, 2012. The purpose of this report is to present staff comments on the draft PPS for Council's endorsement. 2. BACKGROUND 2.1 The PPS provides policy direction for the entire province on matters of provincial interest related to land use planning. The current PPS came into effect on March 1St 2005. Policy Statements are issued under Section 3 of the Planning Act and are approved by the Lieutenant Governor in Council. The chart below shows how the PPS relates to other planning documents in Ontario. Planning Act Other Provincial Acts F vincial Policy Statement FDurham Region Official Plan Oak Ridges Moraine Conservation Plan F Clarington Official Plan Greenbelt Plan Zoning By-laws A Growth Plan for the Greater 84-63 and 2005-109 Golden Horseshoe 3. THE PROVINCIAL POLICY STATEMENT OVERVIEW 3.1 The Provincial Policy Statement consists of: a) a preamble and a vision that establishes the principles of the PPS; b) policies related to building strong healthy communities, wise use and management of resources, and protecting public health and safety; and c) an explanation of how the PPS is implemented and interpreted. I 8-17 REPORT NO.: PSD-050-12 PAGE 3 3.2 It is important to note that the Provincial Policy Statement is applicable across the entire province. Clarington is also affected by specific provincial plans like the Oak Ridges Moraine Conservation Plan, the Greenbelt Plan and the Growth Plan for the Greater Golden Horseshoe. 3.3 This report will discuss the revisions of these three parts and any new policies introduced that may be of interest or concern to Clarington. Each paragraph will be followed by comments (in bold italics) on the draft policies and suggestions for improvement. 4. OVERALL COMMENTS 4.1 The overall key changes in the draft PPS which relate to Clarington are as follows: • Secondary agricultural uses are further defined to be directly related to the agricultural operation. • Transportation policies are strengthened to emphasize the need for active transportation and to consider transportation demand management. • Introduction of stormwater management policies. • Consideration of place-making ("sense of place") principles to be incorporated in communities. • Additional policies which consider the impacts of climate change on communities. 5. PREAMBLE AND VISION 5.1 This section introduces the purpose of PPS which is to provide for appropriate development while protecting resources of provincial interest, public health and safety, and the quality of the natural environment. The policies contained within the PPS represent a general minimum standard that municipalities, other public bodies and the development community should strive to do better than. 5.2 Some new topics introduced in this section are creating a sense of attachment and connection to the places where people live (called "place-making"), identifying impacts and being resilient to climate change, maintaining biodiversity in the natural heritage areas, increasing the use of active transportation, and recognizing the importance of agricultural resources and the food provided by these areas. 5.3 The common theme throughout the proposed PPS is that when planning for our communities, planning decisions should not just consider the immediate pressures or issues on communities but we should also incorporate policy directions which recognize potential issues that may arise in the foreseeable future. In the future communities will need to respond quickly yet resist sudden changes, whether it be - - - economically,, environmentally or socially. - - 8-18 REPORT NO.: PSD-050-12 PAGE 4 5.4 Overall the proposed changes to the vision of the PPS strengthen the policies already in place in Clarington's Official Plan and in the adopted Official Plan Amendment 77, which has gone to the Region of Durham for approval. 6. POLICIES ON BUILDING STRONG HEALTHY COMMUNITIES (SECTION 1.0) 6.1 This section of the PPS is about managing and directing land uses to achieve efficient development patterns. In addition, a focus is growing in the planning regime to not only concentrate on the built form of the community but also how the built form affects the well being of the community and the people that live in them. 6.2 The following are some components which contribute towards building strong healthy communities: Accessibility; Infrastructure Planning; Intensification; Agriculture; Major Facilities; Employment; Recreation; Climate Change; Stormwater; Transportation; Sense of Place; and Energy Conservation. a) Accessibility Section 1.1.1 f) states that "communities are sustained by improving accessibility for persons with disabilities by identifying, preventing and removing land use barriers which restrict their full participation in society." There is a need to improve accessibility in the built environment, the Municipality supports this policy and recognizes that there will be a need to initiate the removal of existing barriers in the Municipality so that their full participation is possible for all residents of Clarington. b) Infrastructure Section 1.1.2 has been added to indicate that "nothing in the policy limits the planning for infrastructure and public service facilities beyond a 20-year time horizon". This means that municipalities should consider future development plans that exceed the minimum time frame in order to efficiently plan for the future growth of the Municipality. This could include, for example, the acquisition of sufficient land for park or sewage and water treatment plants for populations beyond the 20-year planning horizon. The Municipality is supportive of this policy. Section 1.3.2.4 states that "planning authorities may plan for the long-term protection of employment areas provided lands are not designated beyond the planning horizon identified in policy 1.1.2". One example is the provincial Growth Plan for the Greater Golden Horseshoe that limits municipalities to plan beyond 2031 — a 25 year planning horizon from 2006 when the plan came into effect- and in the case of Clarington any planning beyond 2031 would imply expanding our urban boundaries into the whitebelt. 8-19 I REPORT NO.: PSD-050-12 PAGE 5 C) Intensification Section 1.1.3.7 has been revised to provide consistency with the Growth Plan for the Greater Golden Horseshoe, indicating that "specified targets for intensification and redevelopment are achieved prior to, or concurrent with, new development within designated growth areas". The practice of establishing built boundaries and intensification areas will become the norm in planning across Ontario, although the targets are not provincially mandated. The Growth Plan conformity exercise which Clarington is proceeding with already reflects these changes in the Official Plan Review. d) Agriculture Section 1.1.4.5 was added which states "agricultural uses, agricultural-related uses, on-farm diversified uses and normal farm practices should be protected and promoted". Rural areas are recognized as having interdependent markets contributing to the economy in addition to being an important asset to our environment and quality of life. The proposed new policy strengthens agricultural activities in rural areas. The Municipality recognizes the need to protect the viability of agricultural practices and welcomes the clarification of secondary uses this policy provides. A further discussion of on-farm diversified uses is contained in Section 7.1 c). e) Major Facilities Section 1.2.6.1 is a new section which states that "major facilities and sensitive land uses should be planned to ensure they are appropriately designed, buffered and/or separated from each other to prevent adverse effects from odour, noise and other contaminants, minimize risk to public health and safety, and to ensure the long-term viability of major facilities". An example of major facilities in Clarington would include transportation and infrastructure corridors, rail facilities, marine facilities, sewage treatment plants and aggregate extraction areas. This new proposed policy enhances the protection of major existing facilities to ensure they can operate over the long term. This policy should also consider the protection of any future expansions to these major facilities, in order to protect their long-term viability. 8-20 i REPORT NO.: PSD-050-12 PAGE 6 D Employment (1.3) Section 1.3.2.1 is a new proposed policy that "provides for the protection and preservation of employment areas for current and future uses and must ensure that j the necessary infrastructure is provided to support current and projected needs". Section 1.3.2.3 further states "employment areas in proximity to major goods movement facilities and corridors are to be protected for employment uses that require those locations". These two proposed policies that have been introduced recognize the importance of protecting employment areas for the long term; especially employment areas located adjacent to major transportation corridors. This is a helpful policy because once employment lands have been developed for other land uses, they are no longer available to provide for new economic opportunities in the future. g) Recreation (1.5) Section 1.5.1 d) has been revised to state "negative impacts are to be minimized in provincial parks, conservation areas and other protected areas". The term "minimize"essentially allows for some minor impacts to occur in order to achieve healthy, active communities. This is somewhat contradictory to policy 2.1.5, which states that no negative impacts can occur in natural features. However, it is understood that parks and conservation areas can include lands other than natural heritage features and that typical impacts to these features will be minimal considering it would be for walking trails, biking, and other related activities which would benefit the community. The Municipality supports this policy regardless. h) Climate Change Under section 1.6.1 "municipal infrastructure and public service facilities shall be provided in a coordinated, efficient and cost-effective manner that considers impacts from climate change while accommodating projected needs." It is recognized that considering impacts of climate change may be difficult and will require significant background and scientific knowledge to predict future impacts on our infrastructure. More provincially led research and policy articulation would be helpful. I 1 8-21 REPORT NO.: PSD-050-12 PAGE 7 i) Stormwater Sectionl.6.5.7 of the draft PPS has introduced a new section on stormwater management. "Planning for stormwater management shall: a) minimize or, where possible, prevent increases in contaminant loads; b) minimize changes in water balance and erosion; c) not increase risks to human health and safety and property damage; d) maintain or increase the extent and function of vegetative and pervious surfaces; and e) promote stormwater management best practices, including stormwater attenuation and reuse. The Engineering Department is generally satisfied with the above policies introduced as it identifies the functions of stormwater management, including quantity, quality and erosion. This maintains green infrastructure practices and supports environmental sustainability by minimizing stormwater pollution, achieving greater harmony within the water cycle and watershed, and minimizing health risks. j) Transportation Section 1.6.6.2 has introduced the term "transportation demand management" when making efficient use of existing and planned infrastructure. Transportation Demand Management(TDM) is a package of strategies to encourage the more efficient use of existing infrastructure (e.g. car pooling). In essence, it hopes to achieve different travel behaviours by mode, time of day, frequency, trip length, regulation, route or cost. Reference to TDM has been introduced in Official Plan Amendment 77. The Municipality sees this as an improvement to transportation policies and generally supports tools that assist with transportation planning. Airports were previously recognised in the 2005 PPS to have a significant role in the economy. Section 1.6.8 now includes "rail and marine facilities as a contributor to the economy and provides for their long-term protection". This proposed policy further supports the protection of Clarington's existing rail corridors and marine ports. k) Sense of Place Section 1.7.1 d) introduces a new policy which states "Long-term economic prosperity should also be supported by encouraging a sense of place, through built form, cultural planning and promoting features that help define character, such as cultural heritage resources". 8-22 i REPORT NO.: PSD-050-12 PAGE 8 People will grow attached to a space if they feel drawn to these places because of some sort of physical attribute that they can relate to and is distinct from other places. This can in turn encourage and build knowledge of the characteristics that comprise their environment. The Municipality is supportive of this policy initiative as it supports many of the existing Official Plan policies. 1) Energy Conservation Section 1.8.1 has been revised slightly to introduce a policy on how design can minimize the use of energy consumption. "Planning authorities are to support energy conservation and plan for climate change through land use development patterns. When considering these land use and development patterns, planning authorities shall promote designs and orientation which maximizes energy efficiency and conservation, and considers the mitigating effects of vegetation". This means that new designs should be oriented in a way that minimize energy use. Such elements include orientation of buildings to maximize exposure to sunlight in the winter and incorporating green roofs or solar panels on buildings. The Municipality is in support of this policy and through the Official Plan review are working on the development of stronger green energy policies. Section 1.8.1 (g) is a new policy which states that municipalities are to "maintain or increase vegetation within settlement areas". It is recommended that the proposed policy include wording to address municipal initiatives such as the protection and expansion of tree canopy like Clarington's trees for rural roads program and to more directly support municipalities when requesting the protection of and additional landscaping through the development approval process. The Municipality is developing sustainability guidelines to ensure that vegetation and other green development practices are implemented from site planning to building construction. 7. POLICIES ON THE WISE USE AND MANAGEMENT OF RESOURCES (SECTION 2.0) 7.1 This section of the PPS is about managing resources efficiently while at the same time protecting various interests. The following are some resources that are of importance to the province and need to be managed: Natural Heritage Areas; Water; Agriculture; and Mineral Aggregate Resources. 8-23 i i REPORT NO.: PSD-050-12 PAGE 9 a) Natural Heritage Areas The habitat of endangered or threatened species has been allotted its own section (2.1.7) which changes their protection by stating "any development or site alteration to these areas is prohibited unless it is in accordance with provincial and federal requirements". This additional policy makes reference to provincial and federal legislation on habitats for endangered or threatened species. Instead of a total prohibition of site alteration and development, development could occur provided it meets the federal or provincial requirements. This is a less stringent standard and allows for the Ministry of Natural Resources to determine the appropriate type and level of development. The Municipality supports retaining the current policy in the 2005 Provincial Policy Statement. b) Water Section 2.2.1 d) is a new proposed policy which states that "planning authorities shall protect, improve or restore the quality and quantity of water by maintaining linkages and related functions among ground water features, hydrologic functions, natural heritage features and areas, and surface water features including shoreline areas". This section recognizes that not only are the features themselves important but the linkages that connect these features are equally important. The Municipality supports this change to reflect a systems approach. C) Agriculture Revised definitions have been provided in Section 2.3.3.1. "Secondary uses" is replaced with "on-farm diversified uses". The definition for on-farm diversified uses has been revised to directly relate the use to the farm operation. The proposed definition means "small scale uses that are secondary to the principle use of the property and help support the farm. On-farm diversified uses include, but are not limited to, home occupations, home industries, agri-tourism uses, and uses that produce value-added agricultural products from the farm operation". Agricultural-related uses has also been revised and further strengthens farm operations. "Agricultural-related uses" is defined as "industrial and commercial uses that are directly related to the farm operation (can be big or small operation) but has to support agriculture and are required to be in close proximity to farm operations, and provide direct service to farm operations as an exclusive activity". These revised definitions clarify permitted uses in prime agricultural areas and strengthen support for the agriculture industry. The Agricultural Advisory Committee of Clarington supports these changes. The Municipality is supportive of these policies as it promotes the protection and vitality of farm operations.— 8-24 REPORT NO.: PSD-050-12 PAGE 10 Section 2.3.4, part 2 c) is a new policy which states that "new residential dwellings are prohibited on any vacant remnant parcel of farmland created by a surplus farm dwelling severance and that the approach used to ensure it remains vacant is based on municipal approaches". While prohibition of a new dwelling on the remnant parcel is directed by provincial policy, local approaches are to be used to implement this. Previously 1 foot reserves were taken, but the current approach in Durham Region is to rezone lands for this purpose. The Municipality supports an approach where implementation mechanisms are determined at the local level. d) Mineral Aggregate Resources Section 2.5.3.2 has been added, which state "rehabilitation of mineral aggregate sites may be taken into consideration in the demonstration of no negative impacts for purposes of policies 2.1.5 and 2.1.8 (development in natural heritage features) provided that: a) ecological functions will be restored, and where possible improved; and b) connectivity of natural features will be restored, and where possible improved." This new policy implicitly states that aggregate policies have priority over natural heritage policies. Mineral aggregate operations may be permitted in natural heritage features and adjacent lands without the need to demonstrate negative impacts provided the site be rehabilitated to its natural state. This can have the effect of losing the natural feature and function for the entire time the aggregate extraction takes place, which can sometimes be 40-50 years or longer. The Municipality objects to this policy and recommends that this policy be deleted. 8. POLICIES ON PUBLIC HEALTH AND SAFETY (SECTION 3.0) 8.1 Section 3.1.1 d) is a new policy introduced which states that "hazardous lands associated with high to extreme risk of wildfire is considered a natural hazard and development shall be directed outside of these areas". There are two major forests in Clarington, Long Sault and Ganaraska, neither of them permit development in close proximity but there is some existing development. However, this policy will have more of an impact on northern municipalities where wildfires have been an increasing concern in close proximity to development. 8-25 REPORT NO.: PSD-050-12 PAGE 11 9. IMPLEMENTATION AND INTERPRETATION (SECTION 4.0) 9.1 The Official Plan is no longer considered to be the single "most important tool" to implement the PPS, zoning and development permit by-laws are now identified as important tools and must be kept up to date with their official plans and with this policy statement. 9.2 Section 4.10 states that Provincial Plans are to be read in conjunction with the PPS but generally the Plans take precedence over the PPS to the extent of any conflict. Examples of Provincial Plans are provided in this section. The Lake Simcoe Protection Act should be included. 10. CONCURRENCE — Not Applicable 11. CONCLUSION 11.1 The draft proposed Provincial Policy Statement builds and strengthens the existing policy directions in the 2005 PPS. There is increased emphasis on recognizing global climate change and the need to resist and prepare for these changes, encouraging efficient development patterns and recognising that natural heritage features do not exist on their own but that the natural linkages that connect these features also have a vital role to the improvement and functionality of these features. 11.2 When approved, planning authorities such as the Municipality of Clarington will have to conform to the Provincial Policy Statement. At this time, it is not known as to when the final revisions of the PPS will be released. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Nicole Granzotto Attachments: Attachment 1 - Proposed Revised Provincial Policy Statement List of Interested Parties: None 8-26 Attachment 1 To Report PSD-050-12 Al Draft Policies September 2012 r 8-27 For additional copies of this document in either French or English, please contact: Ministry of Municipal Affairs and Housing Provincial Planning Policy Branch 777 Bay Street, 14th Floor Toronto, ON M5G 2E5 Tel:416-585-6014 or 1-877-711-8208 Fax:416-585-6870 E-mail: PPSreview @ontario.ca Website: ontario.ca/PPS Ministry of Municipal Affairs and Housing ©Queen's Printer for Ontario, 2012 ISBN 978-1-4606-0217-1(PDF) ISBN 978-1-4606-0215-7(Print) 09/12 Disponible en frangais PROVINCIAL POLICY STATEMENT REVIEW UNDER THE PLANNING ACT 8-28 How to Participate in the Provincial Policy Statement Review We want your views on the draft policies of the Provincial Policy Statement (PPS), and on the legislated review cycle for the PPS. The Province is holding regional workshops in communities across Ontario. Please visit our website at ontario.ca/PPS for information on dates and locations, or call 1-877-711-8208, if you have any questions. The following sections provide important background information. Specific consultation questions are included in the final section of this document. You can remove the consultation questions section and mail or fax your comments to the Ministry of Municipal Affairs and Housing. To submit your comments electronically, complete an online questionnaire available at ontario.ca/PPS. You may send written comments to: Provincial Policy Statement Review Ministry of Municipal Affairs and Housing Provincial Planning Policy Branch 777 Bay Street, 14th Floor Toronto, ON M5G 2E5 Tel: 416-585-6014 or 1-877-711-8208 Fax: 416-585-6870 E-mail: PPSreview @ontario.ca Website: ontario.ca/PPS Please note:All comments and submissions received will become part of the public record. Comments must be received no later than November 23, 2012. Thank you for helping to shape planning in Ontario. PROVINCIAL POLICY STATEMENT REVIEW LINOER'THE PLANNING ACT 8-29 i Provincial Policy Statement The Provincial Policy Statement (PPS), issued under the Planning Act, is the statement of the Province's policies concerning land use planning. The PPS provides policy direction for the entire province on matters of provincial interest in land use planning and development and recognizes the diversity of Ontario. Provincial plans apply to certain areas of the province and provide specific direction that generally takes precedence over the PPS. Implementation of the PPS is set out through the Planning Act, which requires that decisions on land use planning matters made by municipalities, the Province,the Ontario Municipal Board and other decision- makers "shall be consistent with"the PPS. Municipalities are the prime implementers of the PPS through policies in their municipal official plans and through decisions on other planning matters. The current PPS came into effect on March 1, 2005. Subsection 3(10) of the Planning Act states that the PPS must be reviewed every five years from the date that the PPS came into effect,to determine whether revisions are needed. The five-year review of the PPS commenced in March 1, 2010 and has included extensive consultation across Ontario with members of the public, municipalities, Aboriginal communities and organizations, and stakeholders. The input, ideas and suggestions from the consultation have helped shape proposed revisions to the PPS and prompted consideration of whether to extend the legislated PPS five-year review cycle. The PPS review provides an opportunity to examine the Province's land use policy direction on key interests that affect our overall well-being. These include: creating strong, livable and healthy communities; supporting a vibrant and strong economy; and protecting the environment and resources, such as water, green space, agricultural lands and natural and cultural heritage. PROVINCIAL POLICY STATEMENT REVIEW UNDER THE PLANIV(NGACT 8-30 Highlights of Proposed New Policy Directions The draft policies are intended to ensure that provincial land use planning interests are protected. The draft policies build upon the existing policy framework of the Provincial Policy Statement, 2005 and are intended to provide stronger, clearer direction to support the following goals: Building strong, healthy communities by: • Promoting greater coordination between municipalities and other levels of,government, agencies and boards • Strengthening linkages between land use planning and healthy, active communities • Encouraging coordination and co-location of public facilities and coordination between municipalities and other levels of government • Supporting active transportation and transit, and providing connectivity within and among transportation modes • Recognizing the range and diversity of settlement areas across Ontario • Recognizing that all areas experience land use change but not necessarily growth • Clarifying that the requirements to support small expansions of settlements may be less than those for large expansions • Allowing limited use of septic tanks and wells for minor infill development and rounding out of unserviced settlement areas • Recognizing Aboriginal interests • Encouraging planning authorities to coordinate planning with Aboriginal communities, where appropriate • Acknowledging that the PPS is to be implemented in a manner consistent with Aboriginal and treaty rights in the Constitution Act, 1982 • Encouraging coordination of emergency management with other planning considerations • Recognizing the importance of parks and recreation, green spaces, trails and trail linkages • Requiring the consideration of potential impacts of climate change adaptation and mitigation I • Encouraging green infrastructure and strengthening stormwater management requirements • Directing development away from areas of high to extreme risk of wildland fire unless the risk is mitigated PROWNC€AL POLICY STATEMENT REVIEW UNDER THE PLANNING ACT 8-31 Supporting a strong economy by: i • Promoting investment-ready communities and opportunities for economic development • Recognizing the importance of communication infrastructure • Strengthening protection for major industries from incompatible uses • Planning for and protecting corridors for goods movement and future employment along those corridors • Protecting provincially planned corridors and promoting land use compatibility for lands adjacent to the planned and existing corridors • Clarifying that planning for infrastructure can go beyond the 20 year time horizon • Supporting long-term planning for employment areas • Supporting the adaptive re-use of infrastructure • Requiring consideration of the life-cycle cost of infrastructure • Permitting additional uses on farms and providing flexibility for agricultural-related uses • Requiring agricultural areas to be designated in municipal official plans and impacts of non-farm development surrounding agricultural operations to be mitigated Protecting the environment and resources by: • Recognizing the importance of biodiversity • Requiring identification of shoreline areas • Requiring the identification of natural heritage systems in southern Ontario • Recognizing the importance of the Great Lakes and expanding protection for Great Lakes coastal wetlands • Refining the area of protection for significant woodlands and valleylands in southern Ontario • Strengthening requirements for the rehabilitation of specialty crop areas that are subject to aggregate extraction • Clarifying provisions for aggregate extraction within and adjacent to certain natural heritage features • Encouraging comprehensive rehabilitation planning after aggregate extraction • Supporting the conservation of aggregate resources, including recycling and reuse PROVINCIAL POLICY STATM ENT REVIEW UNDER THE PLANNING ACT 8-32 i I I I • Promoting the conservation of cultural heritage and archaeological resources • Requiring mineral deposits, petroleum resources and aggregate resources to be identified in municipal official plans The draft policies generally focus on outcomes, rather than the process. This protects provincial interests while considering unique local circumstances and providing an opportunity for approaches to be developed locally to achieve those outcomes. I Questions for Your Consideration The Province wants your views on the draft Provincial Policy Statement policies. As you read through the attached draft policies, we would appreciate hearing your views on the following questions: 1. Do the draft policies provide sufficient direction to effectively protect provincial interests in land use planning? (See page 4.) 2. Are there additional land use planning matters that require provincial policy direction and which are not included? 3. Do you foresee any implementation challenges with the draft policies? 4. Is additional support material needed to help implement the Provincial Policy Statement? The Province also wants your views on the current 5-year-review period for the Provincial Policy Statement, and whether you believe section 3 of the Planning Act should be amended to extend the period between reviews of the PPS. 5. Do you think that the legislated Provincial Policy Statement review cycle should be extended from the current 5-year period? i I PROVINCIAL POLICY STATEMENT REVIEW UNDER THE PLANNING ACT I I 8-33 TABLE OF CONTENTS PARTI: PREAMBLE................................................................:................................................:.......................9 PART II: LEGISLATIVE AUTHORITY..................................................................................................................9 PART III: HOW TO READ THE PROVINCIAL POLICY STATEMENT....................................................................9 PART IV: VISION FOR ONTARIO'S LAND USE PLANNING SYSTEM................................................................11 PARTV: POLICIES...........................................................................................................................................13 1.0 BUILDING STRONG HEALTHY COMMUNITIES................................................................................13 1.1 Managing and Directing Land Use to Achieve Efficient and Resilient Development and Land Use Patterns...................................................................13 SettlementAreas.............................................................................................................................14 RuralAreas in Municipalities.......................................................................................................15 Territory Without Municipal Organization..............................................................................16 1.2 Coordination .......................................................................................................................16 LandUse Compatibility..................................................................................................................17 1.3 Employment........................................................................................................................17 EmploymentAreas..........................................................................................................................18 1.4 Housing................................................................................................................................18 1.5 Public Spaces, Recreation, Parks,Trails and Open Space...................................................19 1.6 Infrastructure and Public Service Facilities.........................................................................19 Sewage,Water and Stormwater................................................................................................20 Transportation Systems................................................................................................................21 Transportation and Infrastructure Corridors.............................................................:............21 Airports, Rail and Marine Facilities............................................................................................22 WasteManagement.......................................................................................................................22 EnergySupply...................................................................................................................................22 1.7 Long-Term Economic Prosperity.........................................................................................22 1.8 Energy Conservation,Air Quality and Climate Change.......................................................23 2.0 WISE USE AND MANAGEMENT OF RESOURCES.............................................................................24 2.1 Natural Heritage.....:............................................................................................................24 2.2 Water..................................................................................................................................25 2.3 Agriculture...........................................................................................................................25 2.4 Minerals and Petroleum......................................................................................................27 2.5 Mineral Aggregate Resources.............................................................................................28 2.6 Cultural Heritage and Archaeology.....................................................................................30 3.0 PROTECTING PUBLIC HEALTH AND SAFETY....................................................................................31 3.1 Natural Hazards...................................................................................................................31 3.2 Human-Made Hazards ........................................................................................................32 4.0 IMPLEMENTATION AND INTERPRETATION....................................................................................33 5.0 FIGURE 1..........................................................................................................................................35 6.0 DEFINITIONS....................................................................................................................................37 PROVINCIAL POLICY STATEMENT REVIEW UNDER THE PLANNINGACT 8-34 Part I: PREAMBLE The Provincial Policy Statement provides policy direction on matters of provincial interest related to land use planning and development. As a key part of Ontario's policy-led planning system,the Provincial Policy Statement sets the policy foundation for regulating the development and use of land. It also supports the provincial goal to enhance the•quality of life for all Ontarians. The Provincial Policy Statement provides for appropriate development while protecting resources of provincial interest, public health and safety,and the quality of the natural environment. The Provincial Policy Statement supports improved land use planning and management,which contributes to a more effective and efficient land use planning system. The policies of the Provincial Policy Statement may be complemented by provincial plans or by locally-generated policies regarding matters of municipal interest. Provincial plans and municipal official plans provide a framework for comprehensive, integrated, place-based and long-term planning that supports and integrates the principles of strong communities,a clean and healthy environment and economic growth,for the long term. Land use planning is only one of the tools for implementing provincial interests. A wide range of legislation, regulations, policies and programs may also affect planning matters, and assist in implementing these interests. Part II: LEGISLATIVE AUTHORITY The Provincial Policy Statement is issued under the authority of section 3 of the Planning Act and came into effect on<DATE>. In respect of the exercise of any authority that affects a planning matter, section 3 of the Planning Act requires that decisions affecting planning matters"shall be consistent with" policy statements issued under the Act. Part III: HOW TO READ THE PROVINCIAL POLICY STATEMENT The provincial policy-led planning system recognizes and addresses the complex inter-relationships among environmental, economic and social factors in land use planning. The Provincial Policy Statement supports a comprehensive, integrated, place-based and long-term approach to planning,and recognizes linkages among policy areas. Read the Entire Provincial Policy Statement The Provincial Policy Statement is more than a set of individual policies. It is intended to be read in its entirety and the relevant policies are to be applied to each situation. When more than one policy is relevant, a decision-maker should consider all of the relevant policies to understand how they work together. The language of each policy, including the Implementation and Interpretation policies,will assist decision-makers in understanding how the policies are to be implemented. There is no implied priority in the order in which the policies appear. PROVINCIAL POLICY STATEMENT REVIEW UNOER THE PLANNING ACT • 8-35 Consider Specific Policy Language When applying the Provincial Policy Statement it is important to consider the specific language of the policies. Each policy provides direction on how it is to be implemented,how it is situated within the broader Provincial Policy Statement, and how it relates to other policies. Some policies set out positive directives,such as"settlement areas shall be the focus of growth and development". Other policies set out limitations and prohibitions,such as"development and site alteration shall not be permitted". Other policies use enabling or supportive language,such as"should," "promote"and "encourage". The choice of language is intended to distinguish between the types of policies and the nature of implementation. There is some discretion when applying a policy with enabling or supportive language in contrast to a policy with a directive, limitation or prohibition. Geographic Scale of Policies The Provincial Policy Statement recognizes the diversity of Ontario and that local context is important. Policies are outcome oriented, and some.policies provide flexibility in their implementation provided that provincial interests are upheld. While the Provincial Policy Statement is intended to be read as a whole, not all polices will be applicable to every site,feature or area. The Provincial Policy Statement applies at a range of geographic scales. Some of the policies refer to specific areas or features and can only be applied where these features or areas exist. Other policies refer to planning objectives that need'to be considered in the context of the municipality or planning area as a whole, and are not necessarily applicable to a specific site or development proposal. Policies Represent Minimum Standards The policies of the Provincial Policy Statement represent minimum standards. Within the framework of the provincial policy-led planning system, planning authorities and decision-makers may build upon these minimum standards to address matters of importance to a specific community, unless doing so would conflict with any policy of the Provincial Policy Statement. Defined Terms and Meanings Except for references to legislation which are italicized, other italicized terms in the Provincial Policy Statement are defined in the Definitions section. For other terms,the normal meaning of the word applies. Terms may be italicized only in specific policies;for these terms,the defined meaning applies where they are italicized and the normal meaning applies where they are not italicized. Defined terms in the Definitions section are intended to capture both singular and plural forms of these terms in the policies. i PROVINCIAL POLICY STATEMENT REVIEW UNDER TIME PLANN(NGAC( 8-36 Part IV: VISION FOR ONTARIO'S LAND USE PLANNING SYSTEM The long-term prosperity and social well-being of Ontarians depend on maintaining strong, sustainable and resilient communities, a clean and healthy environment and a strong economy. Ontario is a vast province with diverse urban, rural and northern communities which may face different challenges related to diversity in population levels,economic activity, pace of growth and physical and natural conditions. Some areas face challenges related to maintaining population and diversifying their economy,while other areas face challenges related to accommodating and managing the development and population growth which is occurring,while protecting important resources and the quality of the natural environment. The Provincial Policy Statement reflects this diversity,which includes the histories and cultures of Aboriginal peoples,and is based on good planning principles that apply in communities across Ontario. The Province recognizes the importance of consulting with Aboriginal communities, as appropriate,on planning matters that may affect their rights and interests. The Provincial Policy Statement focuses growth and development within settlement areas and away from significant or sensitive resources and areas which may pose a risk to public health and safety. It recognizes that the wise management of land use change may involve directing, promoting or sustaining development. Land use must be carefully managed to accommodate appropriate development to meet the full range of current and future needs,while achieving efficient development patterns. Efficient development patterns optimize the use of land, resources and public investment in infrastructure and public service facilities..These land use patterns promote a mix of housing,including affordable housing, employment, recreation, parks and open spaces,and transportation choices that increase the use of active transportation and transit before other modes of travel. They also support the financial well-being of the Province and municipalities over the long term,and minimize the undesirable effects of development, including impacts on air,water and other resources. Strong, liveable and healthy communities promote and enhance human health and social well-being, are economically and environmentally sound, and are resilient to climate change. The Province's natural heritage resources,water resources, including the Great Lakes, agricultural resources and the food provided by these areas, mineral resources, and cultural heritage and archaeological resources provide important environmental, economic and social benefits. The wise use and management of these resources over the long term is a key provincial interest. The Province must ensure that its resources are managed in a sustainable way to maintain biodiversity, protect essential ecological processes and public health and safety, minimize environmental and social impacts, and meet its long-term needs. It is equally important to protect the overall health and safety of the population. The Provincial Policy Statement directs development away from areas of natural and human-made hazards,where these hazards cannot be mitigated. This preventative approach supports provincial and municipal financial well-being over the long term, protects public health and safety, and minimizes cost, risk and social disruption. Taking action to conserve land and resources avoids the need for costly remedial measures to correct problems and supports economic and environmental principles. Strong communities, a clean and healthy environment and a strong economy are inextricably linked. Long-term prosperity, human and environmental health and social well-being should take precedence over short-term considerations. — PROVINCIAL POLICY STATEMENTREVIEW UNDER'1HE PLANNING ACT 8-37 The fundamental principles set out in the Provincial Policy Statement apply throughout Ontario. To support our collective well-being, now and in the future,all land use must be well managed. PROWNCI L POLICY STATEMENT REVIEW UNDER THE PLANNING ACT 8-38 Part V: POLICIES 1.0 BUILDING STRONG HEALTHY COMMUNITIES Ontario is a vast province with urban, rural,and northern communities with diversity in population levels, economic activities, pace of growth and physical and natural conditions. Ontario's long-term prosperity, environmental health and social well-being depend on wisely managing change and promoting efficient land use and development patterns. Efficient land use and development patterns support sustainability by promoting strong, liveable, healthy and resilient communities, protecting the environment and public health and safety, and facilitating economic growth. Accordingly: 1.1 MANAGING AND DIRECTING LAND USE TO ACHIEVE EFFICIENT AND RESILIENT DEVELOPMENT AND LAND USE PATTERNS 1.1.1 Healthy, liveable and safe communities are sustained.by: a) promoting efficient development and land use-patterns which sustain the financial well-being of the Province and municipalities over the long term; b) accommodating an appropriate range and mix of residential (including affordable housing), employment(including industrial,commercial and institutional uses), recreation, park and open space uses to meet long-term needs; C) avoiding development and land use patterns which may cause environmental or public health and safety concerns; d) avoiding development and land use patterns that would prevent the efficient expansion of settlement areas in those'areas which are adjacent or close to settlement areas; e) promoting cost-effective development patterns and standards to minimize land consumption and servicing costs; f) improving accessibility for persons with disabilities by identifying, preventing and removing land use barriers which restrict their full participation in society; g) ensuring that necessary infrastructure and public service facilities are or will be available to meet current-and projected needs; and h) promoting development and land use patterns that maintain biodiversity and resilience to climate change. 1.1.2 Sufficient land shall be made available through intensification and redevelopment and, if necessary, designated growth areas,to accommodate an appropriate range and mix of employment opportunities, housing and other land uses to meet projected needs for a time horizon of up to 20 years. However,where an alternate time period has been established for specific areas of the Province as a result of a provincial planning exercise or a provincial plan,that time frame may be used for municipalities within the area. Nothing in policy 1.1.2 limits the planning for infrastructure and public service facilities beyond a 20- year time horizon. PROVINCIAL POLICY STATEMENT REVIEW UNDER THE PLANNING ACT 8-39 1.1.3 Settlement Areas Settlement areas are urban areas and rural settlement areas, and include cities,towns,villages and hamlets. Ontario's settlement areas vary significantly in terms of size,density, population levels, economic activity,diversity and intensity of land uses, and types of infrastructure available. The vitality of settlement areas is critical to the long-term economic prosperity of our communities. Development pressures and land use change will vary across Ontario. It is in the interest of all communities to use land and resources wisely,to promote efficient development patterns, protect resources, promote green spaces,ensure effective use of infrastructure and public service facilities and minimize unnecessary public expenditures. 1.1.3.1 Settlement areas shall be the focus of growth or development,and their vitality and regeneration shall be promoted. 1.1.3.2 Land use patterns within settlement areas shall be based on: a) densities and a mix of land uses which: 1. efficiently use land and resources; 2. are appropriate for, and efficiently use,the infrastructure and public service facilities which are planned or available, and avoid the need for their unjustified and/or uneconomical expansion; 3. minimize negative impacts to air quality and climate change, and promote energy, efficiency; 4. support active transportation; 5. are transit-supportive,where transit is planned,exists or may be developed;and 6. support the efficient movement of goods; and b) a range of uses and opportunities for intensification and redevelopment in accordance with the criteria in policy 1.1.3.3,where this can be accommodated. 1.1.3.3 . Planning authorities shall identify and promote opportunities for intensification and redevelopment. where this can be accommodated taking into account existing building stock or areas, including brownfield sites,and the availability of suitable existing or planned infrastructure and public service facilities required to accommodate projected needs. Intensification and redevelopment shall be directed in accordance with the policies of Section 2: Wise Use and Management of Resources and Section 3: Protecting Public Health and Safety. 1.1.3.4 Appropriate development standards should be promoted which facilitate intensification, redevelopment and compact form,while avoiding or mitigating risks to public health and safety. 1.1.3.5 Planning authorities shall establish and implement minimum targets for intensification and redevelopment within built-up areas. However,where provincial targets are established through provincial plans,the provincial target shall represent the minimum target for affected areas. 1.1.3.6 New development taking place in designated growth areas should occur adjacent to the existing built- up area and shall have a compact form, mix of uses and densities that allow for the efficient use of land,infrastructure and public service facilities. PROVINCIAL POLICY STATEMENT REVIEW CINDER THE PtANNINGACT 8-40 i i 1.1.3.7 Planning authorities shall establish and implement phasing policies to ensure: a) that specified targets for intensification and redevelopment are achieved prior to, or concurrent with, new development within designated growth areas; and b) the orderly progression of development within designated growth areas and the timely provision of the infrastructure and public service facilities required to meet current and projected needs. 1.1.3.8 A planning authority may identify a settlement area or allow the expansion of a settlement area boundary only at the time of a comprehensive review and only where it has been demonstrated that: a) sufficient opportunities for growth are not available through intensification,redevelopment and designated growth areas to accommodate the projected needs over the identified planning horizon; b) the infrastructure and public service facilities which are planned or available are suitable for the development over the long term,are financially viable over their life cycle,and protect public health and safety and the natural environment; C) in prime agricultural areas: 1. the lands do not comprise specialty crop areas; 2. alternative locations have been evaluated, and L there are no reasonable alternatives which avoid prime agricultural areas;and ii. there are no reasonable alternatives on lower priority agricultural lands in prime agricultural areas; d) the new or expanding settlement area is in compliance with the minimum distance separation formulae;and e) impacts from new or expanding settlement areas on agricultural operations which are adjacent or close to the settlement area are mitigated to the extent feasible. In determining the most appropriate direction for expansions to the boundaries of settlement areas or the identification of a settlement area by a planning authority,a planning authority shall apply the policies of Section 2: Wise Use and Management of Resources and Section 3: Protecting Public Health and Safety. 1.1.4 Rural Areas in Municipalities Rural areas are important to the economic success of the Province and our quality of life. Rural areas are those areas which are located outside of settlement areas and prime agricultural areas. Ontario's rural areas have diverse population levels, natural resources,geographies and physical characteristics,and economies. Rural areas and settlement areas are interdependent in terms of markets, resources and amenities. It is important to protect and build on rural assets and amenities to support a sustainable economy. 1.1.4.1 In rural areas located in municipalities, permitted uses and activities shall relate to the management or use of resources, resource-based recreational activities, limited residential development and other rural land uses. . 1.1.4.2 Development shall be appropriate to the infrastructure which is planned or available, and avoid the need for the unjustified and/or uneconomical expansion of this infrastructure. I 1.1.4.3 . New land uses, including the creation of lots,and new or expanding livestock facilities,shall comply with the minimum distance separation formulae. PROVINCIAL POLICY STATEMENT REVIEW UNDER THE PLANNING;ACT 8-41 1.1.4.4 Development that is compatible with the rural landscape and can be sustained by rural service levels should be promoted. 1.1.4.5 Agricultural uses,agriculture-related uses,on farm diversified uses and normal farm practices should be protected and promoted in accordance with provincial standards. 1.1.4.6 Locally-important agricultural and resource areas should be designated and protected by directing non-related development to areas where it will not constrain these uses. 1.1.4.7 Opportunities should be retained to locate new or expanding land uses that require separation from other uses. 1.1.4.8 Recreational,tourism and other economic opportunities should be promoted. 1.1.5 Territory Without Municipal Organization .1.1.5.1 In rural areas located in territory without municipal organization,the focus of development activity shall be activities and land uses related to the sustainable management or use of resources and resource-based recreational activities. 1.1.5.2 The establishment of new permanent townsites shall not be permitted. 1.1.5.3 In areas adjacent to and surrounding municipalities,only development that is related to the sustainable management or use of resources and resource-based recreational activity shall be permitted unless: a) the area forms part of a planning area; b) the necessary infrastructure and public service facilities are planned or available to support the development and are financially viable over their life cycle;and C) it has been determined,as part of a comprehensive review,that the impacts of development will not place an undue strain on the public service facilities and infrastructure provided by adjacent municipalities, regions and/or the Province. 1.2 COORDINATION 1.2.1 A coordinated,integrated and comprehensive approach should be used when dealing with planning matters within municipalities, across lower,single and/or upper-tier municipal boundaries, and with other levels of government,agencies and boards including: a) managing and/or promoting growth and development; b) economic development strategies; C) managing natural heritage,water, agricultural, mineral, and cultural heritage and archaeological resources; . d) infrastructure,multi-modal transportation systems,public service facilities and waste management systems; e) ecosystem, shoreline,watershed,and Great Lakes related issues; f) natural and human-made hazards; g) population, housing and employment projections, based on regional market areas; and PROWNCIAL POLICY STATEMENT REVIEW UNDER THE PLANNING ACT i • 8-42 h) addressing housing needs in accordance with provincial policy statements such as the Ontario j Housing Policy Statement. 1.2.2 Planning authorities are encouraged to coordinate planning matters with Aboriginal communities, where appropriate. j 1.2.3 Planning authorities should coordinate emergency management and other economic,environmental and social planning considerations to support efficient and resilient communities. i 1.2.4 Where planning is conducted by an upper-tier municipality,the upper-tier municipality in consultation with lower-tier municipalities shall: a) identify, coordinate and allocate population, housing and employment projections for lower- tier municipalities. Allocations and projections by upper-tier municipalities shall be based on and reflect provincial plans where these exist; b) identify areas where growth or development will be directed, including the identification of nodes and the,corridors linking these nodes; C) identify targets for intensification and redevelopment within all or any of the lower-tier municipalities, including minimum targets that should be met before expansion of the boundaries of settlement areas is permitted in accordance with policy 1.1.3.8; d) where transit corridors exist or are to be developed, identify density targets for areas adjacent or in proximity to these corridors, including minimum targets that should be met before expansion of the boundaries of settlement areas is permitted in accordance with policy 1.1.3.8; and e) identify and provide policy direction for the lower-tier municipalities on matters that cross municipal boundaries. 1.2.5 Where there is no upper-tier municipality, planning authorities shall ensure that policy 1.2.4 is addressed as part of the planning process,and should coordinate these matters with adjacent planning authorities. 1.2.6 Land Use Compatibility 1.2.6.1 Major facilities and sensitive land uses should be planned to ensure they are appropriately designed, buffered and/or separated from each other to prevent adverse effects from odour, noise and other contaminants, minimize risk to public health and safety,and to ensure the long-term viability of major facilities. 1.3 EMPLOYMENT 1.3.1 Planning authorities shall promote economic development and competitiveness by: a) providing for an appropriate mix and range of employment(including industrial, commercial and institutional) uses to meet long-term needs; b) providing opportunities for a diversified economic base, including maintaining a range and choice of suitable sites for employment uses which support a wide range of economic activities and ancillary uses, and take into account the needs of existing and future businesses; PROVINCIAL POLICY STATEMENT REVIEW UNDER TIIE PLANNING ACT I 8-43 i C) encouraging compact, mixed-use development that incorporates compatible employment uses to support liveable and resilient communities; and d) ensuring the necessary infrastructure is provided to support current and projected needs. 1.3.2 Employment Areas 1.3.2.1 Planning authorities shall plan for, protect and preserve employment areas for current and future uses and ensure that the necessary infrastructure is provided to support current and projected needs. 1.3.2.2 Planning authorities may permit conversion of lands within employment areas to non-employment uses through a comprehensive review,only where it has been demonstrated that the land is not required for employment purposes over the long term and that there is a need for the conversion. 1.3.2.3 Planning authorities shall protect employment areas in proximity to major goods movement facilities and corridors for employment uses that require those locations. 1.3.2.4 Planning authorities may plan for the long-term protection of employment areas provided lands are not designated beyond the planning horizon identified in policy 1.1.2. 1.4 HOUSING 1.4.1 To provide for an appropriate range of housing types and densities required to meet projected requirements of current and future residents of the regional market area identified in policy 1.4.3, planning authorities shall: a) maintain at all times the ability to accommodate residential growth for a minimum of 10 years through residential intensification and redevelopment and, if necessary, lands which are designated and available for residential development; and b) maintain at all times where new development is to occur, land with servicing capacity sufficient to provide at least a 3 year supply of residential units available through lands suitably zoned to facilitate residential intensification and redevelopment, and land in draft approved and registered plans. 1.4.2 Where planning is conducted by an upper-tier municipality: a) the land and unit supply maintained by the lower-tier municipality identified in policy 1.4.1 shall be based on and reflect the allocation of population and units by the upper-tier municipality; and b) the allocation of population and units by the upper-tier municipality shall be based on and reflect provincial plans where these exist. 1.4.3 Planning authorities shall provide for an appropriate range of housing types and densities to meet projected requirements of current and future residents of the regional market area by: a) establishing and implementing minimum targets for the provision of housing which is affordable to low and moderate income households. However,where planning is conducted by an upper-tier municipality,the upper-tier municipality in consultation with the lower-tier PROVINCIAL POLICY STATEMENT REVIEW UNDER THE PLANNING AC' � 8-44 i i municipalities may identify a higher target(s)which shall represent the minimum target(s)for these lower-tier municipalities; b) permitting and facilitating: 1. all forms of housing required to meet the social, health and well-being requirements of current and future residents,including special needs requirements;and 2. all forms of residential intensification and redevelopment in accordance with policy 1.1.3.3; c) directing the development of new housing towards locations where appropriate levels of infrastructure and public service facilities are or will be available to support current and projected needs; d) promoting densities for new housing which efficiently use land, resources,infrastructure and public service facilities, and support the use of active transportation and transit in areas where it exists or is to be developed;and e) establishing development standards for residential intensification,redevelopment and new residential development which minimize the cost of housing and facilitate compact form,while maintaining appropriate levels of public health and safety. 1.5 PUBLIC SPACES, RECREATION, PARKS,TRAILS AND OPEN SPACE 1.5.1 Healthy,active communities should.be promoted by: a) planning public streets,spaces and facilities to be safe, meet the needs of pedestrians,foster social interaction and facilitate active transportation and community connectivity; b) planning and providing for a full range and equitable distribution of publicly-accessible built and natural settings for recreation,including facilities, parklands, public spaces,open space areas,trails and linkages, and,where practical,water-based resources; C) providing opportunities for public access to shorelines; and d) recognizing provincial parks, conservation reserves, and other protected areas,and minimizing negative impacts on these areas. 1.6 INFRASTRUCTURE AND PUBLIC SERVICE FACILITIES 1.6.1 Infrastructure and public service facilities shall be provided in a coordinated, efficient and cost- effective manner that considers impacts from climate change while accommodating projected needs. Planning for infrastructure and public service facilities shall be coordinated and integrated with land use planning so that they are financially viable over their life cycle and available to meet current and projected needs. 1.6.2 Before consideration is given to developing new infrastructure and public service facilities: a) the use of existing infrastructure and public service facilities should be optimized; b) opportunities for adaptive re-use should be considered,wherever feasible;and C) the use of green infrastructure should be encouraged,where feasible,to augment infrastructure, and for other associated ecological and hydrological benefits. PROVINCIAL POLICY STATEMENT REVIEW UNOER THE PLANNING ACT 8-45 L6.3 Infrastructure and public service facilities should be strategically located to support the effective and efficient delivery of emergency management services. 1.6.4 Public service facilities should be co-located in community hubs,where appropriate,to promote cost- effectiveness and facilitate service integration, access to transit and active transportation. 1.6.5. Sewage,Water and Stormwater 1.6.5.1 Planning for sewage and waterservices shall: a) direct and accommodate expected growth or development in a manner that promotes the efficient use and optimization of existing: 1. municipal sewage services and municipal waterservices;and 2. private communal sewage services and private communal waterservices,where municipal sewage services and municipal waterservices are not available; b) ensure that these systems are provided in a manner that: 1. can be sustained by the water resources upon which such services rely; 2. is feasible,financially viable and complies with all regulatory requirements; and 3. protects human health and the natural environment; C) promote water conservation and water use efficiency; d) integrate servicing and land use considerations at all stages of the planning process; and e) be in accordance with the servicing hierarchy outlined through policies 1.6.5.2, 1.6.5.3, 1.6.5.4 and 1.6.5.5. 1.6.5.2 Municipal sewage services and municipal waterservices are the preferred form of servicing for settlement areas. Intensification and redevelopment within settlement areas on existing municipal sewage services and municipal waterservices should be promoted,wherever feasible. 1.6.5.3 Where municipal sewage services and municipal waterservices are not provided,private communal sewage services and private communal water services may be used. 1.6.5.4 Where municipal sewage services and municipal waterservices or private communal sewage services and private communal water services are not provided,individual on-site sewage services and individual on-site water services may be used provided that site conditions are suitable for the long- term provision of such services with no negative impacts. In settlement areas,these services may only be used for infilling and minor rounding out of existing development. 1.6.5.5 Partial services shall only be permitted in the following circumstances: a) where they are necessary to address failed individual on-site sewage services and individual on-site waterservices in existing development;or b) within settlement areas,to allow for infilling and minor rounding out of existing development on partial services provided that site conditions are suitable for the long-term provision of such services with no negative impacts. 1.6.5.6 Subject to the hierarchy of services provided in policies 1.6.5.2, 1.6.5.3, 1.6.5.4 and 1.6.5.5 planning authorities may allow lot creation only if there is confirmation of sufficient reserve sewage system capacity and reserve water system capacity within municipal sewage services and municipal water services or private communal sewage services and private communal water services. The PROVINCIAL POLICY STATEMENT REVIEW UNDER THE PLANNING ACT 8-46 determination of sufficient reserve sewage system capacity shall include treatment capacity for hauled sewage from private communal sewage services and individual on-site sewage services. 1.6.5.7 Planning for.stormwater management shall: a) minimize, or,where possible, prevent increases in contaminant loads; b) minimize changes in water balance and erosion; C) not increase risks to human health and safety and property damage; d) maintain or increase the extent and function of vegetative and pervious surfaces; and e) promote stormwater management best practices, including stormwater attenuation and reuse. 1.6.6 Transportation Systems 1.6.6.1 Transportation systems should be provided which are safe, energy efficient,facilitate the movement of people and goods, and are appropriate to address projected needs. 1.6.6.2 Efficient use shall be made of existing and planned infrastructure, including the use of transportation demand management where feasible. 1.6.6.3 As part of a multi-modal transportation system,connectivity within and among transportation systems and modes should be maintained and,where possible, improved including connections which cross jurisdictional boundaries. 1.6.6.4 A land use pattern, density and mix of uses should be promoted that minimize the length and number of vehicle trips and support current and future use of transit and active transportation. 1.6.6.5 Transportation and land use considerations shall be integrated at all stages of the planning process. 1.6.7 Transportation and Infrastructure Corridors 1.6.7.1 Planning authorities shall plan for and protect corridors and rights-of-way for transportation,transit and infrastructure facilities to meet current and projected needs. 1.6.7.2 Major goods movement facilities and corridors shall be protected for the long term. 1.6.7.3 Planning authorities shall not permit development in planned corridors that could preclude or negatively affect the use of the corridor for the purpose(s)for which it was identified. New development proposed on adjacent lands to existing or planned corridors and transportation facilities should be compatible with,and supportive of,the long-term purposes of the corridor and should be designed to avoid or minimize negative impacts on and from the corridor and transportation facilities. 1.6.7.4 The preservation and reuse of abandoned corridors for purposes that maintain the corridor's integrity and continuous linear characteristics should be encouraged,wherever feasible. PROVINCIAL POLICY STATEMENT REVIEW UNDER THE PLANNING ACT 8-47 1.6.7.5 When planning for corridors and rights-of-way for significant transportation and infrastructure facilities, consideration will be given to the significant resources in Section 2:Wise Use and Management of Resources. 1.6.8 Airports, Rail and Marine Facilities 1.6.8.1 Planning for land uses in the vicinity of airports,rail facilities and marine facilities shall be undertaken so that their long-term operation and economic role is protected. 1.6.8.2 Airports shall be protected from incompatible land uses and development by: a) prohibiting new residential development and other sensitive land uses in areas near airports above 30 NEF/NEP, as set out on maps(as revised from time to time)that have been reviewed by Transport Canada; b) considering redevelopment of existing residential uses and other sensitive land uses or infilling of residential and other sensitive land uses in areas above 30 NEF/NEP only if it has been demonstrated that there will be no negative impacts on the long-term function of the airport; and C) discouraging land uses which may cause a potential aviation safety hazard. 1.6.9 Waste Management 1,6.9.1 Waste management systems need to be provided that are of an appropriate size and type to accommodate present and future requirements, and facilitate, encourage and promote reduction, reuse and recycling objectives. Planning authorities should consider the implications of development and land use patterns on waste generation, management and diversion. Waste management systems shall be located and designed in accordance with provincial legislation and standards. 1.6.10 Energy Supply 1.6.10.1 Planning authorities should provide opportunities for the development of energy supply including electricity generation facilities,to accommodate current and projected needs,and promote renewable energy systems,where feasible. 1.7 -LONG-TERM ECONOMIC PROSPERITY 1.7.1 Long-term economic prosperity should be supported by: a) promoting opportunities for economic development; b) optimizing the long-term availability and use of land, resources, infrastructure,and public service facilities; C) maintaining and,where possible,enhancing the vitality and viability of downtowns and mainstreets; d) encouraging a sense of place,through built form,cultural planning and promoting features that help define character, such as cultural heritage resources; PROVINCIAL POLICY STATEMENT REVIEW UNDER THE PLLLAN+NINGACT 8-48 e) promoting community investment-readiness; f) promoting the redevelopment of brownfield sites; g) providing for an efficient, cost-effective, reliable multi-modal transportation system that is integrated with adjacent systems and those of other jurisdictions, and is appropriate to address projected needs to support the movement of goods and people; h) providing opportunities for sustainable tourism development; i) providing opportunities to support local food,and promoting the sustainability of agri-food and agri-product businesses by protecting agricultural resources, and minimizing land use conflicts; j) promoting energy conservation and providing opportunities for development of energy supply, including the use of renewable energy systems; k) minimizing negative impacts from a changing climate and considering the ecological benefits provided by nature;and 1) encouraging efficient and coordinated communications and telecommunications infrastructure. 1.8 ENERGY CONSERVATION, AIR QUALITY AND CLIMATE CHANGE 1.8.1 Planning authorities shall support energy conservation and efficiency,improved air quality,and climate change mitigation and adaptation through land use and development patterns which: a) promote compact form and a structure of nodes and corridors; b) promote the use of active transportation and transit in and between residential,employment (including commercial, industrial and institutional uses) and other areas; C) focus major'employment,commercial and other travel-intensive land uses on sites which are well served by transit where this exists or is to be developed, or designing these to facilitate the establishment of transit in the future; d) focus freight-intensive land uses to areas well served by major highways, airports,rail facilities and marine facilities; e) improve the mix of employment and housing uses to shorten commute journeys and decrease transportation congestion; f) promote design and orientation which: 1. maximizes energy efficiency and conservation, and considers the mitigating effects of vegetation; 2. maximizes opportunities for the use of renewable energy; and 3. takes into account the impacts of climate change; and g), maintain or increase vegetation within settlement areas,where feasible. PROVINCIAL POLICY STATEMENT REVIEW UNDER THE Pt.AWNG ACT 8-49 i 2.0 WISE USE AND MANAGEMENT OF RESOURCES Ontario's long-term prosperity,environmental health,and social well-being depend on maintaining biodiversity, protecting the health of the Great Lakes,and protecting natural heritage,water,agricultural, mineral and cultural heritage and archaeological resources for their economic,environmental and social benefits. Accordingly: 2.1 NATURAL HERITAGE 2.1.1 Natural features and areas shall be protected for the long term. 2.1.2 The diversity and connectivity of natural features in an area, and the long-term ecological function and biodiversity of natural heritage systems, should be maintained, restored or,where possible, improved, recognizing linkages between and among natural heritage features and areas,surface water features and ground water features. 2.1.3 Natural heritage systems shall be identified in Ecoregions 6E&7E1, recognizing that considerations in planning for natural heritage systems in settlement areas,rural areas,and prime agricultural areas may vary. 2.1.4 Development and site alteration shall not be permitted in: a) significant wetlands in Ecoregions 5E, 6E and 7E1; and b) significant coastal wetlands. 2.1.5 Development and site alteration shall not be permitted in: a) significant wetlands in the Canadian Shield north of Ecoregions 5E, 6E and 7E'; b) significant woodlands in Ecoregions 6E and 7E(excluding islands in Lake Huron and the St. Marys River)'; c) significant valleylands in Ecoregions 6E and 7E(excluding islands in Lake Huron and the St. Marys River)'; d) significant wildlife habitat, e) significant areas of natural and scientific interest, and f) coastal wetlands in Ecoregions 5E, 6E and 7E1 that are not subject to policy 2.1.4(b) unless it has been demonstrated that there will be no negative impacts on the natural features or their ecological functions. 2.1.6 Development and site alteration shall not be permitted in fish habitat except in accordance with provincial and federal requirements. 2.1.7 Development and site alteration shall not be permitted in habitat of endangered species and threatened species,except in accordance with provincial and federal requirements. 1 Ecoregions 5E, 6E and 7E are shown on Figure 1 PROVINCIAL POLICY STATEMENT REVIEW UNDER THE PLANNING ACT 8-50 2.1.8 Development and site alteration shall not be permitted on adjacent lands to the natural heritage features and areas identified in policies 2.1.4, 2.1.5, and 2.1.6 unless the ecological function of the adjacent lands has been evaluated and it has been demonstrated that there will be no negative impacts on the natural features or on their ecological functions. 2.1.9 Nothing in policy 2.1 is intended to limit the ability of existing agricultural uses to continue. 2.2 WATER 2.2.1 Planning authorities shall protect, improve or restore the quality and quantity of water by: a) using the watershed as the ecologically meaningful scale for integrated and long-term planning,which can be a foundation for considering cumulative impacts of development; b) minimizing potential negative impacts, including cross-jurisdictional and cross-watershed impacts; C) identifying water resource systems consisting of ground water features,hydrologic functions, natural heritage features and areas,and surface water features including shoreline areas, which are necessary for the ecological and hydrological integrity of the watershed; d) maintaining linkages and related functions among ground water features,hydrologic functions, natural heritage features and areas,and surface water features including shoreline areas; e) implementing necessary restrictions on development and site alteration to: 1. protect all municipal drinking water supplies and designated vulnerable areas;and 2. protect, improve or restore vulnerable surface and ground water,sensitive surface water features and sensitive ground water features, and their hydrologic functions; f) planning for efficient and sustainable use of water resources,through practices for water conservation and sustaining water quality; and g) ensuring stormwater management practices minimize stormwater volumes and contaminant loads, and maintain or increase the extent of vegetative and pervious surfaces. 2.2.2 Development and site alteration shall be restricted in or near sensitive surface water features and sensitive ground water features such that these features and their related hydrologic functions will be protected, improved or restored. Mitigative measures and/or alternative development approaches may be required in order to protect, improve or restore sensitive surface water features,sensitive ground water features,and their hydrologic functions. 2.3 AGRICULTURE 2.3.1 Prime agricultural areas shall be protected for long-term use for agriculture. I Prime agricultural areas are areas where prime agricultural lands predominate. Specialty crop areas shall be given the highest priority for protection,followed by Canada Land Inventory Classes 1, 2, and 3, and any associated Class 4 to 7 soils within the prime agricultural area, in this order of priority. PROVINCIAL POLICY STATEMENT REVIEW UNDER THE PLANNING;ACT 8-51 2.3.2 Planning authoritie's shall designate prime agricultural areas and specialty crop areas in accordance with guidelines developed by the Province, as amended from time to time. i i 2.3.3 Permitted Uses I 2.3.3.1 In prime agricultural areas, permitted uses and activities are: agricultural uses, agriculture-related uses and on farm diversified uses. Proposed agriculture-related uses and on farm diversified uses shall be compatible with, and shall not hinder,surrounding agricultural operations. Criteria for these uses may be based on guidelines developed by the Province or municipal approaches,as set out in municipal planning documents, which achieve the same objectives. 2.3.3.2 In prime agricultural areas, all types,sizes and intensities of agricultural uses and normal farm practices shall be promoted and protected in accordance with provincial standards. 2.3.3.3 New land uses, including the creation of lots, and new or expanding livestock facilities shall comply with the minimum distance separation formulae. 2.3.4 Lot Creation and Lot Adjustments 2.3.4.1 Lot creation in prime agricultural areas is discouraged and may only be permitted for: a) agricultural uses, provided that the lots are of a size appropriate for the type of agricultural use(s)common in the area and are sufficiently large to maintain flexibility for future changes in the type or size of agricultural operations; b) agriculture-related uses, provided that any new lot will be limited to a minimum size needed to accommodate the use and appropriate sewage and water services; C) a residence surplus to a farming operation as a result of farm consolidation, provided that: 1. the new lot will be limited to a minimum size needed to accommodate the use and appropriate sewage and water services; and 2. the planning authority ensures that new residential dwellings are prohibited on any vacant remnant parcel of farmland created by the severance.The approach used to ensure that no new residential dwellings are permitted on the vacant remnant parcel may be recommended by the Province, or based on municipal approaches which achieve the same objective;and d) infrastructure,where the facility or corridor cannot be accommodated through the use of easements or rights-of-way. 2.3.4.2 Lot adjustments in prime agricultural areas may be permitted for legal or.technical reasons. 2.3.4.3 The creation of new residential lots in prime agricultural areas shall not be permitted, except in accordance with policy 2.3.4.1(c). 2.3.5 Removal of Land from Prime Agricultural Areas 2.3.5.1 Planning authorities may only exclude land from prime agricultural areas for: a) expansions of or identification of settlement areas in accordance with policy 1.1.3.8; PROVINCIAL POLICY STATEMENT REVIEW UNDER THE PLANNING ACT • 8-52 b) extraction of minerals,petroleum resources and mineral aggregate resources, in accordance with policies 2.4 and 2.5; and C) limited non-residential uses, provided that: 1. the land does not comprise a specialty crop area; 2. the proposed use complies with the minimum distance separation formulae; 3. there is a demonstrated need within the planning horizon provided for in policy 1.1.2 for additional land to be designated to accommodate the proposed use; and 4. alternative locations have been evaluated,and L there are no reasonable alternative locations which avoid prime agricultural areas; and ii. there are no reasonable alternative locations in prime agricultural areas with lower priority agricultural lands. 2,3.5.2 Impacts from any new or expanding non-agricultural uses on surrounding agricultural operations and lands are to be mitigated to the extent feasible. 2.4 MINERALS AND PETROLEUM 2.4.1 Minerals and petroleum resources shall be protected for long-term use. 2.4.2 Protection of Long-Term Resource Supply 2.4.2.1 Mineral mining operations and petroleum resource operations shall be identified and protected from development and activities that would preclude or hinder their expansion or continued use or which would be incompatible for reasons of public health, public safety or environmental impact. 2.4.2.2 Known mineral deposits, known petroleum resources and significant areas of mineral potential shall be identified and development and activities in these resources or on adjacent lands which would preclude or hinder the establishment of new operations or access to the resources shall only be permitted if: a) resource use would not be feasible;or b) the proposed land use or development serves a greater long-term public interest; and C) issues of public health, public safety and environmental impact are addressed. 2.4.3 Rehabilitation 2.4.3.1 Rehabilitation to accommodate subsequent land uses shall be required after extraction and other related activities have ceased. Progressive rehabilitation should be undertaken wherever feasible. I PROVINCIAL POLICY STATEMENT REVIEW UNDER THE PLANNING ACT 8-53 2.4.4 Extraction in Prime Agricultural Areas 2.4.4.1 Extraction of minerals and petroleum resources is permitted in prime agricultural areas provided that the site will be rehabilitated. 2.5 MINERAL AGGREGATE RESOURCES 2.5.1 Mineral aggregate resources shall be protected for long-term use and deposits of mineral aggregate resources shall be identified. 2.5.2 Protection of Long-Term Resource Supply 2.5.2.1 As much of the mineral aggregate resources as is realistically possible shall be made available as close to markets as possible. Demonstration of need for mineral aggregate resources, including any type of supply/demand analysis,shall not be required, notwithstanding the availability,designation or licensing for extraction of mineral aggregate resources locally or elsewhere. 2.5.2.2 Extraction shall be undertaken in a manner which minimizes social and environmental impacts. 2.5.2.3 The conservation of mineral aggregate resources shall be undertaken,wherever feasible. 2.5.2.4 Mineral aggregate operations shall be protected from development and activities that would preclude or hinder their expansion or continued use or which would be incompatible for reasons of public health, public safety or environmental impact. Existing mineral aggregate operations shall be permitted to continue without the need for official plan amendment, rezoning or development permit under the Planning Act. When a license for extraction or operation ceases to exist, policy 2.5.2.5 continues to apply. 2.5.2.5 In known deposits of mineral aggregate resources and on adjacent lands, development and activities which would preclude or hinder the establishment of new operations or access to the resources shall only be permitted if: a) resource use would not be feasible; or b) the proposed land use or development serves a greater long-term public interest;and C) issues of public health, public safety and environmental impact are addressed. 2.5.3 Rehabilitation 2.5.3.1 Progressive and final rehabilitation'shall be required to accommodate subsequent land uses,to promote land use compatibility,and to recognize the interim nature of extraction. Final rehabilitation shall take surrounding land use and approved land use designations into consideration. 2.5.3.2 Rehabilitation in accordance with established standards may be taken into consideration in the demonstration of no negative impacts for purposes of policies 2.1.5 and 2.1.8 provided that: PROVINCIAL POLICY STATEMENT REVIEW UNDER THE PLANNING ACT 8-54 a) ecological functions will be restored,and where possible improved;and b) connectivity of natural features will be restored, and where possible improved. 2.5.3.3 Comprehensive rehabilitation planning is encouraged where there is a concentration of mineral aggregate operations. 2.5.3.4 In parts of the Province not designated under the Aggregate Resources Act, rehabilitation standards that are compatible with those under the Act should be adopted for extraction operations on private lands. 2.5.4 Extraction in Prime Agricultural Areas 2.5.4.1 In prime agricultural areas,on prime agricultural land outside of specialty crop areas,extraction of mineral aggregate resources is permitted as an interim use provided that the site will be rehabilitated back to an-agricultural condition,so that substantially the same areas and same average soil capability for agriculture are restored. In specialty crop areas extraction of mineral aggregate resources is permitted as an interim use provided that the site will be rehabilitated back to an agricultural condition,which allows for the same range and productivity of specialty crops common in the area; and,where applicable,the microclimate on which the site and surrounding area may be dependent for specialty crop production will be maintained, or restored. Complete agricultural rehabilitation is not required if: a) outside of a specialty crop area,there is a substantial quantity of mineral aggregate resources below the water table warranting extraction, or the depth of planned extraction in a quarry makes restoration of pre-extraction agricultural capability unfeasible; b) in a specialty crop area,there is a substantial quantity of,high quality mineral aggregate resources below the water table warranting extraction, and the depth of planned extraction in a quarry makes restoration of pre-extraction agricultural capability unfeasible; C) other alternatives have been considered by the applicant and found unsuitable. The consideration of other alternatives shall include resources in areas of Canada Land Inventory Class 4 to 7 soils, resources on lands identified as designated growth areas,and resources on prime agricultural lands where rehabilitation is feasible. Where no other alternatives are found,prime agricultural lands shall be protected in-this order of priority: specialty crop areas, Canada Land Inventory Classes 1, 2 and 3;and d) agricultural rehabilitation in remaining areas is maximized. 2.5.5 Wayside Pits and Quarries, Portable Asphalt Plants and Portable Concrete Plants 2.5.5.1 Wayside pits and quarries,portable asphalt plants and portable concrete plants used on public authority contracts shall be permitted,without the need for an official plan amendment, rezoning, or development permit under the Planning Act in all areas,except those areas of existing development or particular environmental sensitivity which have been determined to be incompatible with extraction and associated activities. PROVINCIAL POLICY STATEMENT REVIEW UDDER THE PLANNING ACT 8-55 2.6 CULTURAL HERITAGE AND ARCHAEOLOGY 2.6.1 Significant built heritage resources and significant cultural heritage landscapes shall be conserved. i 2.6.2 Development and site alteration shall not be permitted on lands containing archaeological resources or areas of archaeological potential unless significant archaeological resources have been conserved. 2.6.3 Planning authorities shall not permit development and site alteration on adjacent lands to protected heritage property except where the proposed development and site alteration has been evaluated and it has been demonstrated that the heritage attributes of the protected heritage property will be conserved. 2.6.4 Planning authorities should consider and promote archaeological management plans and cultural plans in conserving cultural heritage and archaeological resources. 2:6.5 Planning authorities should consider the interests of Aboriginal communities in conserving cultural heritage and archaeological resources. I PR(3V(NC(AL POLICY STATEMENT REVIEW UNDER THE PLANNING,ACT I i 8-56 3.0 PROTECTING PUBLIC HEALTH AND SAFETY Ontario's long-term prosperity,environmental health and social well-being depend on reducing the potential for public cost or risk to Ontario's residents from natural or human-made hazards. Development shall generally be directed away from areas of natural or human-made hazards where there is an unacceptable risk to public health or safety or of property damage, and not create new or aggravate existing hazards. Accordingly: 3.1 NATURAL HAZARDS 3.1.1 Development shall generally be directed to areas outside of: a) hazardous lands adjacent to the shorelines of the Great Lakes-St. Lawrence River System and large inland lakes which are impacted by flooding hazards,erosion hazards and/or dynamic beach hazards; b) hazardous lands adjacent to river,stream and small inland lake systems which are impacted by flooding hazards and/or erosion hazards; c) hazardous sites; and d) hazardous lands associated with high to extreme risk of wildland fire. 3.1.2 Development and site alteration shall not be permitted within: a) the dynamic beach hazard, b) defined portions of the flooding hazard along'connecting channels (the St. Marys,St.Clair, Detroit, Niagara and St. Lawrence Rivers); C) areas that would be rendered inaccessible to people and vehicles during times of flooding hazards, erosion hazards and/or dynamic beach hazards, unless it has been demonstrated that the site has safe access appropriate for the nature of the development and the natural hazard; and d) a floodway regardless of whether the area of inundation contains high points of land not subject to flooding. 3.1.3 Planning authorities shall consider the potential impacts of climate change that may increase the risk associated with natural hazards. 3.1.4 Despite policy 3.1.2,development and site alteration may be permitted in certain areas:associated with the flooding hazard along river,stream and small inland lake systems: a) in those exceptional situations where a Special Policy Area has been approved. The designation of a Special Policy Area,and any change or modification to the site-specific policies or boundaries applying to a Special Policy Area, must be approved by the Ministers of Municipal Affairs and Housing and Natural Resources prior to the approval authority approving such changes or modifications; or b) where the development is limited to uses which by their nature must locate within the floodway, including flood and/or erosion control works or minor additions or passive non- structural uses which do not affect flood flows. PROVINCIAL POLICY STATEMENT RMEw UNOER THE PLANNING ACT 8-57 3.1.5 Development shall not be permitted to locate in hazardous lands.and hazardous sites where the use is: a) an institutional use associated with hospitals, nursing homes, pre-school,school nurseries,day care and schools; b) an essential emergency service such as that provided by fire, police and ambulance stations and electrical substations; and C) uses associated with the disposal, manufacture,treatment or storage of hazardous substances. 3.1.6 Where the two zone concept for flood plains is applied,development and site alteration may be permitted in the flood fringe, subject to appropriate floodproofing to the flooding hazard elevation or another flooding hazard standard approved by the Minister of Natural Resources. 3.1.7 Further to policy 3.1.6, and except as prohibited in policy 3.1.2, development and site alteration may be permitted in those portions of hazardous lands and hazardous sites where the effects and risk to public safety are minor and could be mitigated in accordance with provincial standards. Development and site alteration may be permitted if all of the following are demonstrated and achieved: a) development and site alteration is carried out in accordance with floodproofing standards, protection works standards, and access standards; b) vehicles and people have a way of safely entering and exiting the area during times of flooding, erosion and other emergencies; C) new hazards are not created and existing hazards are not aggravated;and d) no adverse environmental impacts will result. 3.1.8 Development and site alteration may be permitted in hazardous lands associated with high to extreme risk of wildland fire where the risk is mitigated in accordance with provincial wildland fire mitigation standards. 3.2 HUMAN-MADE HAZARDS 3.2.1 Development on,abutting or adjacent to lands affected by mine hazards; oil,gas and salt hazards;or former mineral mining operations,mineral aggregate operations or petroleum resource operations may be permitted only if rehabilitation measures to address and mitigate known or suspected hazards are under-way or have been completed. 3.2.2 . Sites with contaminants in land or water shall be assessed and remediated as necessary prior to any activity on the site associated with the proposed use such that there will be no adverse effects. i PROVINCIAL.POLICY STATEMENT REVIEW UNDER THE PLANNING ACr 8-58 4.0 IMPLEMENTATION AND INTERPRETATION 4.1 This Provincial Policy Statement applies to all decisions in respect of the exercise of any authority that affects a planning matter made on or after<DATE>. 4.2 In accordance with section 3 of the Planning Act, a decision of the council of a municipality, a local board, a planning board, a minister of the Crown and a ministry, board, commission or agency of the government, including the Municipal Board, in respect of the exercise of any authority that affects a planning matter, "shall be consistent with"this Provincial Policy Statement. Comments, submissions or advice that affect a planning matter that are provided by the council of a municipality,a local board, a planning board,a minister or ministry, board,commission or agency of the government"shall be consistent with"this Provincial Policy Statement. 4.3 This Provincial Policy Statement shall be implemented in a manner that is consistent with the recognition and affirmation of existing Aboriginal and treaty rights in section 35 of the Constitution Act, 1982. 4.4 This Provincial Policy Statement shall be read in its entirety and all relevant policies are to be applied to each situation. 4.5 In implementing the Provincial Policy Statement,the Minister of Municipal Affairs and Housing may take into account other considerations when making decisions to support strong communities, a clean and healthy environment and the economic vitality of the Province. 4.6 The official plan is an important vehicle for implementation of this Provincial Policy Statement. Official plans shall identify provincial interests and set out appropriate land use designations and policies. To determine the significance of some natural heritage features and other resources, evaluation may be required. Official plans should also coordinate cross-boundary matters to complement the actions of other planning authorities and promote mutually beneficial solutions. Official plans shall provide clear, reasonable and attainable policies to protect provincial interests and direct development to suitable areas. In order to protect provincial interests, planning authorities shall keep their official plans up-to-date with this Provincial Policy Statement. The policies of this Provincial Policy Statement continue to apply after adoption and approval of an official plan. 4.7 Zoning and development permit by-laws are also important for implementation of this Provincial Policy Statement. Planning authorities shall keep their zoning and development permit by-laws up-to-date with their official plans and with this Provincial Policy Statement. 4.8 The policies of this Provincial Policy Statement represent minimum standards. This Provincial Policy Statement does not prevent.planning authorities and decision-makers from going beyond the minimum standards established in specific policies, unless doing so would conflict with any policy of this Provincial Policy Statement. PROVINCIAL POLICY STATEMENT REVIEW UNDER THE PLANNING ACT 8-59 4.9 A wide range of legislation, regulations and policies may apply to decisions with respect to Planning Act applications. In some cases, a Planning Act proposal may also require approval under other legislation or regulation,and policies issued under other legislation may also apply. 4.10 In addition to land use approvals under the Planning Act,infrastructure may also require approval under other legislation and regulations. An environmental assessment process may be applied to new infrastructure and modifications to existing infrastructure under applicable legislation. There may be circumstances where land use approvals under the Planning Act may be integrated with approvals under other legislation,for example, integrating the planning processes and approvals under the Environmental Assessment Act and the Planning Act, provided the intent and requirements of both Acts are met. 4.11 Provincial plans shall be read in conjunction with the Provincial Policy Statement and generally take precedence over policies in this Provincial Policy Statement to the extent of any conflict, in accordance with relevant legislation or regulations. Examples of these are plans created under the Niagara Escarpment Planning and Development Act,the Ontario Planning and Development Act, 1994,the Oak Ridges Moraine Conservation Act,2001,the Greenbelt Act,2005 and the Places to Grow Act,2005. 4.12 Within the Great Lakes-St. Lawrence River Basin,there may be circumstances where planning authorities should consider agreements related to the protection and restoration of the Great Lakes- St. Lawrence River Basin. 4.13 The Province, in consultation with municipalities, other public bodies and stakeholders shall identify performance indicators for measuring the effectiveness of some or all of the policies. The Province shall monitor their implementation,including reviewing performance indicators concurrent with any review of this Provincial Policy Statement. 4.14 Municipalities are encouraged to establish performance indicators to monitor the implementation of the policies in their official plans. PROVINCIAL POLICY STATEMENT"REVIEW UNDER THE HE PLANNING ACT 8-60 5.0 FIGURE 1 Figure 1.Natural Heritage Protection Line •--+-Northern limit of Ecoregions'5E,6E and 7E for the purposes of policies under 2.1 - Northern 6mft of Ecoregions`6E and 7E for the purposes of policies under 2.1 EcoregiorW 6E and 7E for the purposes of po6cles under 2.1 Notes: "Grins,W.J.2002.Ecownes,Ecoregions,and Ecodistricts of Ontario.Ontario Ministry `..1 of Natural Resources.Prepared for Ecological Land Classification Working Group." i • o ua ro K. r / l � r , c 5'•, �t s. +�•r ,tai 'r. d � .,} : r�� L � «• i p Jed ri�{ �R c c T"r4 `t` I y PROVINCIAL POLICY STATEMENT REVIEW UNDER THE t LAIV(IIN ACT _ I 8-61 `s e l �}�e 3 {ER N 1Y Y `}� V a lu —scow WWII It n a p 5 o� z i ff : _ \XVA N o 0 0 ( p Z Oi m W 4 ` ,./"�4..: {Y <t€ QJ" q .,6 f1 'CO W W N ga $£� w``y A6� r�.•�\ Q3 9ieR ~�'.. rn E E wm c t E o. R'o �..: °i Y Wx IN 1 m UZ . x ��� �3g - ,.^''' Z�•' �' f'��y;t 6i"l • ,� 1l hill .� IVY,£7Y i mI £tt�� tv $f at'3i i i 8 �f:e n:.,,` �i ( i r 7 �� z e\IMF CAMP LP �} of J ` � F t x Q $ �F 91 _ t - €tip � 91 Y Qq;QmgWqQ T, > r A log �� a k a} NOW tv g r 1"e_;:, 5�tvs P .. 1 PRovINeIAc.PrsLacv sTA-rErErvr REVIEW UNDER THE nt.ArvrvIrvc,ncr i 8-62 6.0 DEFINITIONS Access standards: means methods or procedures to ensure safe 2. housing for which the purchase price is at least 10 vehicular and pedestrian movement,and access for the percent below the average purchase price of a resale maintenance and repair of protection works,during times of unit in the regional market area; flooding hazards,erosion hazards and/or other water-related b) in the case of rental housing,the least expensive of: hazards. 1. a unit for which the rent does not exceed 30 percent of gross annual household income for low and moderate Active transportation: means human-powered travel,including income households;or but not limited to,walking,cycling,inline skating and travel with 2. a unit for which the rent is at or below the average the use of mobility aids,including motorised wheelchairs and market rent of a unit in the regional market area. other power-assisted devices moving at a comparable speed. Agricultural uses: means the growing of crops,including Adjacent lands: means nursery,biomass,and horticultural crops;raising of livestock; a) for the purposes of policy 1.6.7.3,those lands contiguous to raising of other animals for food,fur or fibre,including poultry existing or planned corridors and transportation facilities and fish;aquaculture;apiaries;agro-forestry;maple syrup where development would have a negative impact on the production;and associated on-farm buildings and structures, corridor or facility. The extent of the adjacent lands may be including,but not limited to livestock facilities,manure storages, recommended in guidelines developed by the Province or value-retaining facilities,and accommodation for full-time farm based on municipal approaches that achieve the same labour when the size and nature of the operation requires objectives; additional employment. b) for the purposes of policy 2.1.8,those lands contiguous to a specific natural heritage feature or area where it is likely Agri-tourism uses: means those farm-related tourism uses, that development or site alteration would have a negative including limited accommodation such as a bed and breakfast, impact on the feature or area.The extent of the adjacent that promote the enjoyment,education or activities related to lands may be recommended by the Province or based on the farm operation. municipal approaches which achieve the same objectives; c) for the purposes of policy 2.4.2.2 and 2.5.2.5,those lands Agriculture-related uses: means those farm-related commercial contiguous to lands on the surface of known petroleum and farm-related industrial uses that are directly related to the resources,mineral deposits,or deposits of mineral farm operation,support agriculture,and are required in close aggregate resources where it is likely that development proximity to farm operations,and provide direct service to farm would constrain future access to the resources. The extent operations as an exclusive activity. of the adjacent lands may be recommended by the Province;and Airports: means all Ontario airports,including designated lands d) for the purposes of policy 2.6.3,those lands contiguous to a for future airports,with Noise Exposure Forecast(NEF)/Noise protected heritage property or as otherwise defined in the Exposure Projection(NEP)mapping. municipal official plan. Archaeological resources: includes artifacts,archaeological Adverse effects: as defined in the Environmental Protection Act, sites,marine archaeological sites,as defined under the Ontario means one or more of: Heritage Act.The identification and evaluation of such resources a) impairment of the quality of the natural environment for are based upon archaeological fieldwork undertaken in any use that can be made of it; accordance with the Ontario Heritage Act. b) injury or damage to property or plant or animal life; c) harm or material discomfort to any person; Areas of archaeological potential: means areas with the d) an adverse effect on the health of any person; likelihood to contain archaeological resources. Methods to e) impairment of the safety of any person; identify archaeological potential are established by the Province, f) rendering any property or plant or animal life unfit for but municipal approaches which achieve the same objectives human use; may also be used. The Ontario Heritage Act requires g) loss of enjoyment of normal use of property;and archaeological potential to be confirmed through archaeological h) interference with normal conduct of business. fieldwork. Affordable: means Areas of mineral potential: means areas favourable to the a) in the case of ownership housing,the least expensive of: discovery of mineral deposits due to geology,the presence of 1. housing for which the purchase price results in annual known mineral deposits or other technical evidence. accommodation costs which do not exceed 30 percent of gross annual household income for low and Areas of natural and scientific interest(ANSI): means areas of moderate income households;or land and water containing natural landscapes or features that have been identified as having life science or earth science values related to protection,scientific study or education. PROVINCIAL POLICY STATEMENT REVIEW UNDER THE PLANNING ACT 8-63 1. addresses long-term population projections, Brownfield sites: means undeveloped or previously developed infrastructure requirements and related matters; properties that may be contaminated. They are usually,but not 2. confirms that the lands to be developed do not exclusively,former industrial or commercial properties that may comprise specialty crop areas in accordance with policy be underutilized,derelict or vacant. 2.3.2;and 3. considers cross-jurisdictional issues. Built heritage resources: means one or more significant buildings,structures,monuments,installations or remains In undertaking a comprehensive review the level of detail of the associated with architectural,cultural,social,political,economic assessment should correspond with the complexity and scale of or military history and identified as being important to a the proposal. community,including an Aboriginal community. These resources may be identified through designation or heritage conservation Conservation: means easement under the Ontario Heritage Act,or listed by local, a) the recovery and recycling of manufactured materials provincial or federal jurisdictions. derived from mineral aggregates(e.g.glass,porcelain,brick, concrete,asphalt,slag,etc.),for re-use in construction, Coastal wetland: means manufacturing,industrial or maintenance projects as a a) any wetland that is located on one of the Great Lakes or substitute for new mineral aggregates;and their connecting channels(Lake St.Clair,St.Marys,St.Clair, b) the wise use of mineral aggregates including utilization or Detroit,Niagara and St.Lawrence Rivers);or extraction of on-site mineral aggregate resources prior to b) any other wetiand that is on a tributary to any of the above- development occurring. specified water bodies and lies,either wholly or in part, downstream of a line located 2 kilometres upstream of the Conserved: means the identification,protection,use and/or 1:100 year floodline(plus wave run-up)of the large water management of cultural heritage and archaeological resources in body to which the tributary is connected. a manner that ensures their cultural heritage value,or interest is retained under the Ontario Heritage Act. This may be achieved Comprehensive rehabilitation: means rehabilitation of land by the implementation of recommendations sent out in a from which mineral aggregate resources have been extracted conservation plan,archaeological assessment,and/or heritage that is coordinated and complementary,to the extent possible, impact assessment,which may include mitigative measures with the rehabilitation of other sites in an area where there is a and/or alternative development approaches. high concentration of mineral aggregate operations. Cultural heritage landscape: means a defined geographical area Comprehensive review: means of heritage significance which may have been modified by human a) for the purposes of policies 1.1.3.8 and 1.3.2.2,an official activities and is valued by a community,including Aboriginal plan review which is initiated by a planning authority,or an communities. It involves a grouping(s)of individual heritage official plan amendment which is initiated or adopted by a features such as structures,spaces,archaeological sites and planning authority,which: natural elements,which together form a significant type of 1. is based on a review of population and employment heritage form,distinctive from that of its constituent elements or projections and which reflect projections and parts. Examples may include,but are not limited to,heritage allocations by upper-tier municipalities and provincial conservation districts designated under the Ontario Heritage Act; plans,where applicable;considers alternative other areas recognized by federal or international designation directions for growth or development;and determines authorities(e.g.a National Historic Site or District designation,or how best to accommodate the development while a UNESCO World Heritage Site),and villages,parks,gardens, protecting provincial interests; battlefields,mainstreets and neighbourhoods,cemeteries, 2. utilizes opportunities to accommodate projected trailways and industrial complexes of cultural heritage value. growth or development through intensification and redevelopment;and considers physical constraints to Defined portions of the flooding hazard along connecting accommodating the proposed development within channels: means those areas which are critical to the existing settlement area boundaries; conveyance of the flows associated with the one hundred year 3. is integrated with planning for infrastructure and public flood level along the St.Marys,St.Clair,Detroit,Niagara and St. service facilities,and considers financial viability over Lawrence Rivers,where development or site alteration will create the life cycle of these assets; flooding hazards,cause updrift and/or downdrift impacts and/or 4. confirms sufficient water quality,quantity and cause adverse environmental impacts. assimilative capacity of receiving water are available to accommodate the proposed development; Deposits of mineral aggregate resources: means an area of 5. confirms that sewage and water services can be identified mineral aggregate resources,as delineated in provided in accordance with policy 1.6.5;and Aggregate Resource Inventory Papers or comprehensive studies 6. considers cross-jurisdictional issues. prepared using evaluation procedures established by the Province for surficial and bedrock resources,as amended from b) for the purposes of policy 1.1.5,means a review undertaken time to time,that has a sufficient quantity and quality to warrant by a planning authority or comparable body which: present or future extraction. PROVINCIAL POLICY STATEMENT REVIEW UNDER THE PLANNING ACC I 8-64 Designated and available: means lands designated in the official extended over an one hundred year time span),an allowance for plan for urban residential use. For municipalities where more slope stability,and an erosion/erosion access allowance. detailed official plan policies(e.g.secondary plans)are required before development applications can be considered for approval, Essential emergency service: means services which would be only lands that have commenced the more detailed planning impaired during an emergency as a result of flooding,the failure process are considered to be designated and available for the of floodproofing measures and/or protection works,and/or purposes of this definition. erosion. Designated growth areas: means lands within settlement areas Fish: means fish,which as defined in the Fisheries Act,includes designated in an official plan for growth over the long-term fish,shellfish,crustaceans,and marine animals,at all stages of planning horizon provided in policy 1.1.2,but which have not yet their life cycles. been fully developed. Designated growth areas include lands which are designated and available for residential growth in Fish habitat: as defined in the Fisheries Act,means spawning accordance with policy 1.4.1(a),as well as lands required for grounds and nursery,rearing,food supply,and migration areas employment and other uses. on which fish depend directly or indirectly in order to carry out their life processes. Designated vulnerable area: means areas defined as vulnerable, in accordance with provincial standards,by virtue of their Flood fringe: for river,stream and small inland lake systems, importance as a drinking water source. means the outer portion of the flood plain between the floodway and the flooding hazard limit. Depths and velocities of flooding Development: means the creation of a new lot,a change in land are generally less severe in the flood fringe than those use,or the construction of buildings and structures requiring experienced in the floodway. approval under the Planning Act,but does not include: a) activities that create or maintain infrastructure authorized Flood plain: for river,stream and small inland lake systems, under an environmental assessment process; means the area,usually low lands adjoining a watercourse,which b) works subject to the Drainage Act,or has been or may be subject to flooding hazards. c) for the purposes of policy 2.1.4(a),underground or surface mining of minerals or advanced exploration on mining lands Flooding hazard: means the inundation,under the conditions in significant areas of mineral potential in Ecoregion 5E, specified below,of areas adjacent to a shoreline or a river or where advanced exploration has the same meaning as stream system and not ordinarily covered by water: under the Mining Act. Instead,those matters shall be a) Along the shorelines of the Great Lakes-St.Lawrence River subject to policy 2.1.5(a). System and large inland lakes,the flooding hazard limit is based on the one hundred yearflood level plus an allowance Dynamic beach hazard: means areas of inherently unstable for wave uprush and other water-related hazards; accumulations of shoreline sediments along the Great Lakes-St. b) Along river,stream and small inland lake systems,the Lawrence River System and large inland lakes,as identified by flooding hazard limit is the greater of: provincial standards;as amended from time to time. The 1. the flood resulting from the rainfall actually dynamic beach hazard limit consists of the flooding hazard limit experienced during a major storm such as the plus a dynamic beach allowance. Hurricane Hazel storm(1954)or the Timmins storm (1961),transposed over a specific watershed and Ecological function: means the natural processes,products or combined with the local conditions,where evidence services that living and non-living environments provide or suggests that the storm event could have potentially perform within or between species,ecosystems and landscapes. occurred over watersheds in the general area; These may include biological,physical and socio-economic 2. the one hundred yearflood;and interactions. 3. a flood which is greater than 1.or 2.which was actually experienced in a particular watershed or portion Employment area: means those areas designated in an official thereof as a result of ice jams and which has been plan for clusters of business and economic activities including, approved as the standard for that specific area by the but not limited to,manufacturing,warehousing,offices,and Minister of Natural Resources; associated retail and ancillary facilities. except where the use of the one hundred yearflood or the actually experienced event has been approved by the Endangered species: means a species that is listed or Minister of Natural Resources as the standard for a specific categorized as an"Endangered Species"on the Ontario Ministry watershed(where the past history of flooding supports the of Natural Resources'official species at risk list,as updated and lowering of the standard). amended from time to time. Floodproofing standard: means the combination of measures Erosion hazard: means the loss of land,due to human or natural incorporated into the basic design and/or construction of processes,that poses a threat to life and property.The erosion buildings,structures,or properties to reduce or eliminate hazard limit is determined using considerations that include the flooding hazards,wave uprush and other water-related hazards 100 year erosion rate(the average annual rate of recession along the shorelines of the Great Lakes-St.Lawrence River PROVINCIAL POLICY STATEMENT REVIEW UNDER THE PLANNING ACT s-65 System and large inland lakes,and flooding hazards along river, water,between a defined offshore distance or depth and stream and small inland lake systems. the furthest landward limit of the flooding hazard,erosion hazard or dynamic beach hazard limits. Along river,stream Floodway: for river,stream and small inland lake systems, and small inland lake systems,this means the land,including means the portion of the flood plain where development and site that covered by water,to the furthest landward limit of the alteration would cause a danger to public health and safety or flooding hazard or erosion hazard limits;and property damage. b) for the purposes of policies 3.1.1(d)and 3.1.8,areas assessed as being at high to extreme risk for wildland fire Where the one zone concept is applied,the floodway is the using evaluation procedures established by the Ontario entire contiguous flood plain. Ministry of Natural Resources,as amended from time to time. Where the two zone concept is applied,the floodway is the contiguous inner portion of the flood plain,representing that Hazardous sites: means property or lands that could be unsafe area required for the safe passage of flood flow and/or that area for development and site alteration due to naturally occurring where flood depths and/or velocities are considered to be such hazards. These may include unstable soils(sensitive marine clays that they pose a potential threat to life and/or property damage, [leda],organic soils)or unstable bedrock(karst topography). Where the two zone concept applies,the outer portion of the flood plain is called the flood fringe. Hazardous substances: means substances which,individually,or in combination with other substances,are normally considered Great Lakes-St.Lawrence River System: means the major to pose a danger to public health,safety and the environment. water system consisting of Lakes Superior,Huron,St.Clair,Erie These substances generally include a wide array of materials that and Ontario and their connecting channels,and the St.Lawrence are toxic,ignitable,corrosive,reactive,radioactive or River within the boundaries of the Province of Ontario. pathological. Green infrastructure: means natural and human-made elements Heritage attributes: means the principal features or elements that provide ecological and hydrological benefits. Green that contribute to a protected heritage property's cultural infrastructure can include components such as natural heritage heritage value or interest,and may include the property's built or features and systems,parklands,stormwater management manufactured elements,as well as natural landforms, systems,urban forests,permeable surfaces,and green roofs. vegetation,water features,and its visual setting(including significant views or vistas to or from a protected heritage Ground water feature: refers to water-related features in the property). earth's subsurface,including recharge/discharge areas,water tables,aquifers and unsaturated zones that can be defined by High quality:means primary and secondary sand and gravel surface and subsurface hydrogeologic investigations. resources and bedrock resources as defined in the Aggregate Resource Inventory Papers(ARIP). Habitat of endangered species and threatened species: means a) with respect to a species listed on the Species at Risk in Hydrologic function: means the functions of the hydrological Ontario List as an endangered or threatened species for cycle that include the occurrence,circulation,distribution and which a regulation made under clause 55(1)(a)of the chemical and physical properties of water on the surface of the Endangered Species Act,2007 is in force,the area land,in the soil and underlying rocks,and in the atmosphere,and prescribed by that regulation as the habitat of the species; water's interaction with the environment including its relation to or living things. b) with respect to any other species listed on the Species at Risk in Ontario List as an endangered or threatened species, Individual on-site sewage services: means sewage systems,as an-area on which the species depends,directly or indirectly, defined in O.Reg.350/06 under the Building Code Act,1992,that to carry on its life processes,including life processes such as are owned,operated and managed by the owner of the property reproduction,rearing,hibernation,migration or feeding,as upon which the system is located. approved by the Ontario Ministry of Natural Resources;and c) places in the areas described in clause(a)or(b),whichever Individual on-site water services: means individual, is applicable,that are used by members of the species as autonomous water supply systems that are owned,operated and dens,nests,hibernacula or other residences. managed by the owner of the property upon which the system is located. Hazardous lands: means a) property or lands that could be unsafe for development due Infrastructure: means physical structures(facilities and to naturally occurring processes.Along the shorelines of the corridors)that form the foundation for development. Great Lakes-St.Lawrence River System,this means the Infrastructure includes: sewage and water systems,septage land,including that covered by water,between the treatment systems,stormwater management systems,waste international boundary,where applicable,and the furthest management systems,electricity generation facilities,electricity landward limit of the flooding hazard,erosion hazard or transmission and distribution systems, dynamic beach hazard limits.Along the shorelines of large communications/telecommunications,transit and transportation inland lakes,this means the land,including that covered by PROVINCIAL POLICY STATEMENT REVIEW UNDER THE PLANNING ACT 8-66 corridors and facilities,oil and gas pipelines and associated Minerals: means metallic minerals and non-metallic minerals as facilities. herein defined,but does not include mineral aggregate resources or petroleum resources. Intensification: means the development of a property,site or area at a higher density than currently exists through: Metallic minerals means those minerals from which metals(e.g. a) redevelopment,including the reuse of brownfield sites; copper,nickel,gold)are derived. b) the development of vacant and/or underutilized lots within Non-metallic minerals means those minerals that are of value for previously developed areas; intrinsic properties of the minerals themselves and not as a c) infill development;and source of metal. They are generally synonymous with industrial d) the expansion or conversion of existing buildings. minerals(e.g.asbestos,graphite,kyanite,mica,nepheline syenite,salt,talc,and wollastonite). Institutional use: means land uses where there is a threat to the safe evacuation of the sick,the elderly,the physically challenged Mineral aggregate operation: means or the young during an emergency as a result of flooding,failure a) lands under license or permit,other than for wayside pits of floodproofing measures or protection works,or erosion. and quarries,issued in accordance with the Aggregate Resources Act; Large inland lakes: means those waterbodies having a surface b) for lands not designated under the Aggregate Resources area of equal to or greater than 100 square kilometres where Act,established pits and quarries that are not in there is not a measurable or predictable response to a single contravention of municipal zoning by-laws and including runoff event. adjacent land under agreement with or owned by the operator,to permit continuation of the operation;and Legal or technical reasons. for the purposes of policy 2.3.4.2, c) associated facilities used in extraction,transport, means severances for purposes such as easements,corrections beneficiation,processing or recycling of mineral aggregate of deeds,quit claims,and minor boundary adjustments,which do resources and derived products such as asphalt and not result in the creation of a new lot. concrete,or the production of secondary related products. Low and moderate income households: means Mineral aggregate resources: means gravel,sand,clay,earth, a) in the case of ownership housing,households with incomes shale,stone,limestone,dolostone,sandstone,marble,granite, in the lowest 60 percent of the income distribution for the rock or other material prescribed under the Aggregate Resources regional market area;or Act suitable for construction,industrial,manufacturing and b) in the case of rental housing,households with incomes in maintenance purposes but does not include metallic ores, the lowest 60 percent of the income distribution for renter asbestos,graphite,kyanite,mica,nepheline syenite,salt,talc, households for the regional market area. wollastonite,mine tailings or other material prescribed under the Mining Act. Major facilities: means facilities which may require separation from sensitive land uses,including but not limited to airports, Mineral deposits: means areas of identified minerals that have transportation infrastructure and corridors,rail facilities,marine sufficient quantity and quality based on specific geological facilities,sewage treatment facilities,waste management evidence to warrant present or future extraction. systems,oil and gas pipelines,industries,and resource extraction activities. Mineral mining operation: means mining operations and associated facilities,or,past producing mines with remaining Major goods movement facilities and corridors: means mineral development potential that have not been permanently transportation facilities and corridors associated with the inter- rehabilitated to another use. and intra-provincial movement of goods. Examples include: inter-modal facilities,ports,airports,rail facilities,freight Minimum distance separation formulae: means formulae and corridors,freight facilities,and haul routes and primary guidelines developed by the Province,as amended from time to transportation corridors used for the movement of goods. time,to separate uses so as to reduce incompatibility concerns Approaches that are freight-supportive may be recommended in about odour from livestock facilities. guidelines developed by the Province or based on municipal approaches that achieve the same objectives. Multi-modal transportation system: means a transportation system which may include several forms of transportation such Marine facilities: means ferries,harbours,ports,ferry terminals, as automobiles,walking,trucks,cycling,buses,rapid transit,rail canals and associated uses,including designated lands for future (such as commuter and freight),air and marine. marine facilities. Municipal sewage services: means a sewage works within the Mine hazard: means any feature of a mine as defined under the meaning of section 1 of the Ontario Water Resources Actthat is Mining Act,or any related disturbance of the ground that has not owned or operated by a municipality. been rehabilitated. Municipal water services: means a municipal drinking-water system within the meaning of section 2 of the Safe Drinking Water Act,2002. PROVINCIAL POLICY STATEMENT REVIEW UNDER THE PLANNING ACT 8-67 Oil,gas and salt hazards: means any feature of a well or work as Natural heritage features and areas: means features and areas, defined under the Oil,Gas and Salt Resources Act,or any related including significant wetlands,significant coastal wetlands,fish disturbance of the ground that has not been rehabilitated. habitat,significant woodlands south and east of the Canadian Shield,significant valleylands south and east of the Canadian On-farm diversified uses: means small scale uses that are Shield,habitat of endangered species and threatened species, secondary to the principle use of the property and help support significant wildlife habitat,and significant areas of natural and the farm. On farm diversified uses include,but are not limited scientific interest,which are important for their environmental to,home occupations,home industries,agri-tourism uses,and and social values as a legacy of the natural landscapes of an area, uses that produce value-added agricultural products from the farm operation. Natural heritage system: means a system made up of natural heritage features and areas,and linkages intended to provide One hundred year flood: for river,stream and small inland lake connectivity(at the regional or site level)and support natural systems,means that flood,based on an analysis of precipitation, processes which are necessary to maintain biological and snow melt,or a combination thereof,having a return period of geological diversity,natural functions,viable populations of 100 years on average,or having a 1%chance of occurring or indigenous species and ecosystems. These systems can include: being exceeded in any given year. natural heritage features and areas;federal and provincial parks and conservation reserves,other natural heritage features,lands One hundred year flood level: means that have been restored or have the potential to be restored to a a) for the shorelines of the Great Lakes,the peak natural state,areas that support hydrologic functions,and instantaneous stillwater level,resulting from combinations working landscapes that enable ecological functions to continue. of mean monthly lake levels and wind setups,which has a The Province has a recommended approach for identifying 1%chance of being equalled or exceeded in any given year; natural heritage systems,but municipal approaches that achieve b) in the connecting channels(St.Marys,St.Clair,Detroit, or exceed the same objective may also be used. Niagara and St.Lawrence Rivers),the peak instantaneous stillwater level which has a 1%chance of being equalled or Negative impacts: means exceeded in any given year;and a) in regard to policy 1.6.5.4 and 1.6.5.5,degradation to the c) for large inland lakes,lake levels and wind setups that have quality and quantity of water,sensitive surface water a 1%chance of being equalled or exceeded in any given features and sensitive ground water features,and their year,except that,where sufficient water level records do related hydrologic functions,due to single,multiple or not exist,the one hundred year flood level is based on the successive development. Negative impacts should be highest known water level and wind setups. assessed through environmental studies including hydrogeological or water quality impact assessments,in Other water-related hazards: means water-associated accordance with provincial standards; phenomena other than flooding hazards and wave uprush which b) in regard to policy 2.2,degradation to the quality and act on shorelines.This includes,but is not limited to ship- quantity of water,sensitive surface water features and generated waves,ice piling and ice jamming. sensitive ground woterfeatures,and their related hydrologic functions,due to single,multiple or successive development Partial services: means or site alteration activities; a) municipal sewage services or private communal sewage c) in regard to fish habitat,the harmful alteration,disruption services and individual on-site water services;or or destruction offish habitat,except where,in conjunction b) municipal water services or private communal water with the appropriate authorities,it has been authorized services and individual on-site sewage services. under the Fisheries Act,using the guiding principle of no net loss of productive capacity;and Petroleum resource operations: means oil,gas and salt wells d) in regard to other natural heritage features and areas, and associated facilities and other drilling operations,oil field degradation that threatens the health and integrity of the fluid disposal wells and associated facilities,and wells and natural features or ecological functions for which an area is facilities for the underground storage of natural gas and other identified due to single,multiple or successive development hydrocarbons. or site alteration activities. Petroleum resources: means oil,gas,and salt(extracted by Normal farm practices: means a practice,as defined in the solution mining method)and formation water resources which Farming and Food Production Protection Act,1998,that is have been identified through exploration and verified by conducted in a manner consistent with proper and acceptable preliminary drilling or other forms of investigation. This may customs and standards as established and followed by similar include sites of former operations where resources are still agricultural operations under similar circumstances;or makes present or former sites that may be converted to underground use of innovative technology in a manner consistent with proper storage for natural gas or other hydrocarbons. advanced farm management practices. Normal farm practices shall be consistent with the Nutrient Management Act,2002 and Planned corridors: means corridors or future corridors which regulations made under that Act. are required to meet projected needs,and are identified through provincial plans,preferred alignment(s)determined through the Environmental Assessment Act process,or identified through PROVINCIAL POLICY STATEMENT REVIEW UNDER THE PLANNING ACT Fin 8-68 planning studies where the Ontario Ministry of Transportation is actively pursuing the identification of a corridor. Approaches for Protection works standards: means the combination of non- the protection of planned corridors may be recommended in structural or structural works and allowances for slope stability guidelines developed by the Province. and flooding/erosion to reduce the damage caused by flooding hazards,erosion hazards and other water-related hazards,and to Portable asphalt plant: means a facility allow access for their maintenance and repair. a) with equipment designed to heat and dry aggregate and to mix aggregate with bituminous asphalt to produce asphalt Provincial and federal requirements: means paving material,and includes stockpiling and storage of bulk a) in regard to policy 2.1.6,legislation and policies materials used in the process;and administered by the federal or provincial governments for b) which is not of permanent construction,but which is to be the purpose of the protection offish and fish habitat,and dismantled at the completion of the construction project. related,scientifically established standards such as water quality criteria for protecting lake trout populations;and Portable concrete plant: means a building or structure b) in regard to policy 2.1.7 legislation and policies a) with equipment designed to mix cementing materials, administered by the provincial government or federal aggregate,water and admixtures to produce concrete,and government,where applicable,for the purpose of includes stockpiling and storage of bulk materials used in protecting species at risk and their habitat. the process;and b) which is not of permanent construction,but which is Provincial plan: means a provincial plan within the meaning of designed to be dismantled at the completion of the section 1 of the Planning Act. construction project. Public service facilities: means land,buildings and structures for Prime agricultural area: means areas where prime agricultural the provision of programs and services provided or subsidized by lands predominate. This includes: areas of prime agricultural a government or other body,such as social assistance, lands and associated Canada Land Inventory Class 4 to 7 soils; recreation,police and fire protection,health and educational and additional areas where there is a local concentration of programs,and cultural services. Publicservke facilities do not farms which exhibit characteristics of ongoing agriculture. Prime include infrastructure. agricultural areas may be identified by the Ontario Ministry of Agriculture,Food and Rural Affairs using guidelines developed by Quality and quantity of water: is measured by indicators the Province as amended from time to time. A prime agricultural associated with hydrologic function such as minimum base flow, area may also be identified through an alternative agricultural depth to water table,aquifer pressure,oxygen levels,suspended land evaluation system approved by the Province. solids,temperature,bacteria,nutrients and hazardous contaminants,and hydrologic regime. Prime agricultural land: means land that includes specialty crop areas and/or Canada Land Inventory Classes 1,2,and 3 soils,as Rail facilities: means rail corridors,rail sidings,train stations, amended from time to time,in this order of priority for inter-modal facilities,rail yards and associated uses,including protection. designated lands for future rail facilities. Private communal sewage services: means a sewage works Recreation: means leisure time activity undertaken in built or within the meaning of section 1 of the Ontario Water Resources natural settings for purposes of physical activity,health benefits, Act that serves six or more lots or private residences and is not sport participation and skill development,personal enjoyment, owned by a municipality. positive social interaction and the achievement of human potential. Private communal water services: means a non-municipal drinking-water system within the meaning of section 2 of the Redevelopment: means the creation of new units,uses or lots Safe Drinking Water Act,2002 that serves six or more lots or on previously developed land in existing communities,including private residences. brownfield sites. Protected heritage property: means property designated under Regional market area: refers to an area that has a high degree Parts IV,V or VI of the Ontario Heritage Act;heritage of social and economic interaction. The upper or single-tier conservation easement property under Parts II or IV of the municipality,or planning area,will normally serve as the regional Ontario Heritage Act;UNESCO World Heritage Sites;property market area. However,where the functional regional market identified by the Province and prescribed public bodies as area extends significantly beyond these boundaries,then the provincial heritage property under the Standards and Guidelines regional market area will be based on the larger market area. for Conservation of Provincial Heritage Properties;and property Where regional market areas are very large and sparsely that is the subject of a covenant or agreement between the populated,a smaller area,if defined in an official plan,may be owner of a property and a conservation body or level of utilized, government,registered on title and executed with the primary purpose of preserving,conserving and maintaining a cultural Renewable energy systems: means a system that generates heritage feature or resource,or preventing its destruction, electricity from an energy source that is renewed by natural demolition or loss. PROVINCIAL POLICY STATEMENT REVIEW UNOIR THE PLANNING ACT 8-69 I processes including,but not limited to,wind,water,biomass, Settlement areas: means urban areas and rural settlement areas biogas,solar energy and geothermal energy. within municipalities(such as cities,towns,villages and hamlets) that are: Reserve sewage system capacity: means design or planned a) built up areas where development is concentrated and capacity in a centralized waste water treatment facility which is which have a mix of land uses;and not yet committed to existing or approved development. For the b) lands which have been designated in an official plan for purposes of policy 1.6.5.6,reserve capacity for private communal development over the long-term planning horizon provided sewage services and individual on-site sewage services is for in policy 1.1.2. In cases where land in designated growth considered sufficient if the hauled sewage from the development areas is not available,the settlement area may be no larger can be treated or disposed of at sites approved under the than the area where development is concentrated. Environmental Protection Act or the Ontario Water Resources Act,but not by land-applying untreated,hauled sewage. Sewage and water services: includes municipal sewage services and municipal water services,private communal sewage services Reserve water system capacity: means design or planned and private communal water services,individual on-site sewage capacity in a centralized water treatment facility which is not yet services and individual on-site water services,and partial committed to existing or approved development. services. Residence surplus to a farming operation: means an existing Significant: means habitable farm residence that is rendered surplus as a result of a) in regard to wetlands,coastal wetlands and areas of natural farm consolidation(the acquisition of additional farm parcels to and scientific interest,an area identified as provincially be operated as one farm operation). significant by the Ontario Ministry of Natural Resources using evaluation procedures established by the Province,as Residential intensification: means intensification of a property, amended from time to time; site or area which results in a net increase in residential units or b) in regard to woodlands,an area which is ecologically accommodation and includes: important in terms of features such as species composition, a) redevelopment,including the redevelopment of brownfield age of trees and stand history;functionally important due to sites; its contribution to the broader landscape because of its b) the development of vacant or underutilized lots within location,size or due to the amount of forest cover in the previously developed areas; planning area;or economically important due to site quality, c) infill development; species composition,or past management history. These d) the conversion or expansion of existing industrial, are to be identified using criteria established by the Ontario commercial and institutional buildings for residential use; Ministry of Natural Resources. and c) in regard to other features and areas in policy 2.1, e) the conversion or expansion of existing residential buildings ecologically important in terms of features,functions, to create new residential units or accommodation,including representation or amount,and contributing to the quality accessory apartments,secondary suites and rooming and diversity of an identifiable geographic area or natural houses. heritage system; d) in regard to mineral potential,an area identified as River,stream and small inland lake systems: means all provincially significant through evaluation procedures watercourses,rivers,streams,and small inland lakes or developed by the Province,as amended from time to time, waterbodies that have a measurable or predictable response to a such as the Provincially Significant Mineral Potential Index; single runoff event. and e) in regard to cultural heritage and archaeology,resources Rural areas: means lands which are located outside settlement that are valued for the important contribution they make to areas and which are outside prime agricultural areas. our understanding of the history of a place,an event,or a people. Sensitive: in regard to surface waterfeatures and ground water features,means areas that are particularly susceptible to impacts Criteria for determining significance for the resources identified from activities or events including,but not limited to,water in sections(c)-(e)are recommended by the Province,but withdrawals,and additions of pollutants. municipal approaches that achieve or exceed the same objective may also be used. Sensitive land uses: means buildings,amenity areas,or outdoor spaces where routine or normal activities occurring at reasonably While some significant resources may already be identified and expected times would experience one or more adverse effects inventoried by official sources,the significance of others can only from contaminant discharges generated by a nearby major be determined after evaluation. facility. Sensitive land uses may be a part of the natural or built Site alteration: means activities,such as grading,excavation and environment.Examples may include,but are not limited to: the placement of fill that would change the landform and natural residences,day care centres,and educational and health vegetative characteristics of a site. facilities. For the purposes of policy 2.1.4(a),site alteration does not include underground or surface mining of minerals or advanced PROVINCIAL POLICY STATEMENT REVIEW UNDER THE PLANNING ACT 8-70 i exploration on mining lands in significant areas of mineral guidelines developed by the Province or based on municipal potential in Ecoregion 5E,where advanced exploration has the approaches that achieve the same objectives. same meaning as in the Mining Act. Instead,those matters shall be subject to policy 2.1.5(a). Transportation demand management: means a set of strategies that result in more efficient use of the transportation system by Special needs: means any housing,including dedicated facilities, influencing travel behaviour by mode,time of day,frequency, in whole or in part,that is used by people who have specific trip length,regulation,route,or cost. needs beyond economic needs,including but not limited to, needs such as mobility requirements or support functions Transportation system: means a system consisting of facilities, required for daily living. Examples of special needs housing may corridors and rights-of-way for the movement of people and include,but are not limited to,housing for persons with goods,and associated transportation facilities including transit disabilities such as physical,sensory or mental health disabilities, stops and stations,sidewalks,cycle lanes,bus lanes,high and housing for seniors with special needs. occupancy vehicle lanes,rail facilities,parking facilities, park'n'ride lots,service centres,rest stops,vehicle inspection Special Policy Area: means an area within a community that has stations,inter-modal facilities,harbours,airports,marine historically existed in the flood plain and where site-specific facilities,ferries,canals and associated facilities such as storage policies,approved by both the Ministers of Natural Resources and maintenance. and Municipal Affairs and Housing,are intended to provide for the continued viability of existing uses(which are generally on a Two zone concept: For river,stream and small inland lake small scale)and address the significant social and economic systems,the floodway is the portion of the flood plain where hardships to the community that would result from strict development and site alteration would cause a danger to public adherence to provincial policies concerning development. The health and safety or property damage. Where the two zone criteria and procedures for approval are established by the concept is applied,the floodway is the contiguous inner portion Province. of the flood plain,representing that area required for the safe passage of flood flow and/or that area where flood depths ASpecial Policy Area is not intended to allow for new or and/or velocities are considered to be such that they pose a Intensified development and site alteration,if a community has potential threat to life and/or property damage. Where the two feasible opportunities for development outside the flood plain. zone concept applies,the outer portion of the flood plain is called the flood fringe. Specialty crop area: means areas designated using guidelines developed by the Province,as amended from time to time.In Valleylands: means a natural area that occurs in a valley or these areas,specialty crops are predominantly grown such as other landform depression that has water flowing through or tender fruits(peaches,cherries,plums),grapes,other fruit crops, standing for some period of the year. vegetable crops,greenhouse crops,and crops from agriculturally developed organic soil,usually resulting from: Vulnerable: means surface and ground water that can be easily a) soils that have suitability to produce specialty crops,or changed or impacted by virtue of their vicinity to activities or lands that are subject to special climatic conditions,or a events or by permissive pathways between activities and the combination of both; surface and/or ground water. b) farmers skilled in the production of specialty crops;and c) a long-term investment of capital in areas such as crops, Waste management system: means sites and facilities to drainage,infrastructure and related facilities and services to accommodate solid waste from one or more municipalities and produce,store,or process specialty crops. includes recycling facilities,transfer stations,processing sites and disposal sites. Surface water feature: refers to water-related features on the earth's surface,including headwaters,rivers,stream channels, Watershed: means an area that is drained by a river and its inland lakes,seepage areas,recharge/discharge areas,springs, tributaries. wetlands,and associated riparian lands that can be defined by their soil moisture,soil type,vegetation or topographic Wave uprush: means the rush of water up onto a shoreline or characteristics. structure following the breaking of a wave;the limit of wave uprush is the point of furthest landward rush of water onto the Threatened species: means a species that is listed or categorized shoreline, as a"Threatened Species"on the Ontario Ministry of Natural Resources'official species at risk list,as updated and amended Wayside pits and quarries: means a temporary pit or quarry from time to time. opened and used by or for a public authority solely for the purpose of a particular project or contract of road construction Transit-supportive: in regard to land use patterns,means and not located on the road right-of-way. development that makes transit viable and improves the quality of the experience of using transit.It often refers to compact, Wetlands: means lands that are seasonally or permanently mixed-use development that has a high level of employment and covered by shallow water,as well as lands where the water table residential densities. Approaches may be recommended in is close to or at the surface. In either case the presence of abundant water has caused the formation of hydric soils and has PROVINCIAL POLICY STATEMENT REVIEW UNOER THE PLANNING ACT FR 8-71 favoured the dominance of either hydrophytic plants or water shelter and space needed to sustain their populations. Specific tolerant plants. The four major types of wetlands are swamps, wildlife habitats of concern may include areas where species marshes,bogs and fens. concentrate at a vulnerable point in their annual or life cycle;and areas which are important to migratory or non-migratory Periodically soaked or wet lands being used for agricultural species. purposes which no longer exhibit wetland characteristics are not considered to be wetlands for the purposes of this definition. Woodlands: means treed areas that provide environmental and economic benefits to both the private landowner and the general Wildland fire mitigation standards: means the combination of public,such as erosion prevention,hydrological and nutrient risk assessment tools and mitigation measures identified by the cycling,provision of clean air and the long-term storage of Province,as amended from time to time,to be incorporated into carbon,provision of wildlife habitat,outdoor recreational the design,construction and/or modification of buildings, opportunities,and the sustainable harvest of a wide range of structures,properties and/or communities to reduce the risk to woodland products. Woodlands include treed areas,woodlots or public safety,infrastructure and property from wildland fires. forested areas and vary in their level of significance at the local, regional and provincial levels. Woodlands may be delineated Wildlife habitat: means areas where plants,animals and other according to the Forestry Act definition or the Province's organisms live,and find adequate amounts of food,water, Ecological Land Classification system definition for"forest". PROVINCIAL POLICY STATEMENT REVIEW UNDER THE PLANNINGACT 8-72 I i Consultation Questions This section contains specific consultation questions for your consideration and input. For your convenience, this section of the discussion paper can be removed and used to mail or fax back your comments to the Ministry of Municipal Affairs and Housing. Comments should be directed to: Provincial Policy Statement Review Ministry of Municipal Affairs and Housing Provincial Planning Policy Branch 777 Bay Street, 14th Floor Toronto, ON M5G 2E5 Tel: 416-585-6014 or 1-877-711-8208 Fax: 416-585-6870 E-mail: PPSreview @ontario.ca Website: ontario.ca/PPS Please note:All comments and submissions received will become part of the public record. You can also submit your comments electronically, by visiting ontario.ca/PPS. The Province values your input and thanks you for your comments. Public input is essential to ensure we have a land use planning system that supports a strong Ontario. Comments must be received no later than November 23, 2012. Your Contact Information Name Organization Address Telephone Fax E-mail Address VIII PROVINCIAL POLICY STATEMENT REVIEW UNDER THE PLANNING ACT 8-73 l ]11 11 REPORT Leading the Way ENGINEERING SERVICES DEPARTMENT Meeting GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: November 12, 2012 Resolution #: By-law#: Report EGD-030-12 File #: Subject MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR OCTOBER, 2012. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-030-12 be received for information. Submitted by: Reviewed by. AC'S. Cannella, t.E.T. ��. Franklin Wu Director oftEngineeringiServices Chief Administrative Officer ASC/bb CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40--T--E-MP��AN -ST-FEE-ETROWMANVI-LLE-ONTARI-O-L1-C-3A6-T-E905-)62-3-337-9-E(905-}6231-&24 - 9-1 REPORT NO.: EGD-030-12 PAGE 2 1. BACKGROUND 1.1 With respect to the Building Permit Activity for the month of OCTOBER 2012, Staff wish to highlight the following statistics for the information of Committee and Council. MONTH OF OCTOBER 2012 2011 BUILDING NUMBER OF VALUE OF NUMBER OF VALUE OF % CHANGE OF CATEGORY PERMITS CONSTRUCTION PERMITS CONSTRUCTION VALUE 2012-2011 Residential 82 $12,713,357 126 $31,286,977 -59.4% Industrial 2 $3,150,000 4 $590,520 433.4% Government 1 $28,000 0 $0 N/A Commercial 11 $1,999,765 2 $601,200 232.6% Institutional 1 $80,000 1 $162,075 750.6% Agricultural 3 $282,600 3 $2,092,500 -86.5% Demolition 4 $0 0 $0 N/A TOTAL 104 $18,253,722 136 $34,733,272 -47.4% YEAR TO DATE 2012 2011 BUILDING NUMBER OF VALUE OF NUMBER OF VALUE OF % CHANGE OF CATEGORY PERMITS CONSTRUCTION PERMITS CONSTRUCTION VALUE 2012-2011 Residential 741 $142,919,571 813 $172,103,274 -17.0% Industrial 19 $81,972,597 13 $53,655,520 52.8% Government 8 $101,442 6 $486,000 -79.1% Commercial 58 $18,934,545 49 $20,079,750 -5.7% Institutional 9 $15,897,592 18 $3,041,200 422.7% Agricultural 14 $964,578 16 $2,856,216 -66.2% Demolition 56 $0 26 $0 N/A TOTAL 905 $260,790,325 941 $252,221,960 3.4% 9-2 REPORT NO.: EGD-030-12 PAGE 3 1.2 With respect to building permit activities (over $250,000) and large residential building permit activities, the details are provided as follows: Owner/Applicant Construction Type Location Value 1414012 ONTARIO INC Hotel Addition 160 Liberty Street South, $1,906,240 Bowmanville THE GREAT-WEST LIFE LCBO 2344 Highway 2, Bowmanville $1,447,765 ASSURANCE REGIONAL MUNICIPALITY OF EFW Air Pollution & 72 Osborne Road, Courtice $3,000,000 DURHAM Maintenance Areas MUNICIPALITY OF CLARINGTON Gazebo Structure 179 Harry Gay Drive, Courtice $28,000 THE GREAT-WEST LIFE Site Servicing Amendment 2328 Highway 2, Bowmanville $60,000 ASSURANCE for LCBO H & H BUILDING CORPORATION Site Servicing for Condo 450 Meadowglade Road, Courtice $310,000 Townhomes 9-3 REPORT NO.: EGD-030-12 PAGE 4 The following is a comparison of the types of dwelling units issued for the month of OCTOBER" and "YEAR TO DATE". Dwelling Unit Type "OCTOBER" 2012 Dwelling Unit Type "YEAR TO DATE 2012" 2 10 Apartment Apartment 13 5% 13 66 2% Townhouse Single Townhouse 33% Detached 15% ` � > 32% A jfir44L 9 jjP D f Single Detached 66% 78 4 Semi- Detached - 12 Semi- IJ Single Detached 13 L Single Detached 303 Detached ° 0 ° i Sem i-Detached 12 ' Sem i-Detached 78 t Townhouse 13 Townhouse 66 N Apartment2 o Apartment 10 The following is a historical comparison of the building permits issued for the month of"OCTOBER" and "YEAR TO DATE" for a three year period. Historical Data for Month of Historical Data "YEAR TO DATE" "OCTOBER" $300,000,000 $40,000,000 $270,000,000 $35,000,000 $240,000,000 $210,000,000 $30,000,000 $180,000,000 $25,000,000 $150,000,000 $20,000,000 $120,000,000 $15,000,000 $90,000,000 $10,000,000 $60,000,000 $30,000,000 $5,000,000 $0 $0 2012 2011 2010 2012 2011 2010 Value $260,790,3251$252,221,960 $181,831,123 Value $18,253,722 $34,733,272 $12,105,454 9-4 REPORT NO.: EGD-030-12 PAGE 5 PERMIT REVENUES 2012 2011 October Year to Date October Year to Date PERMIT FEES $ 129,403 $ 1,590,663 $ 229,479 $ 1,715,245 INSPECTION SERVICES 2012 2011 October Year to Date October Year to Date Building Inspections 702 6,438 505 5,010 Plumbing & Heating Inspections 885 7,670 707 5,807 Pool Enclosure Inspections 5 62 2 61 TOTAL 1 1,592 14,170 1,214 10,878 NUMBER OF NEW RESIDENTIAL UNITS 2012 2011 October Year to Date October Year to Date Single Detached 13 303 85 390 Semi-Detached 12 78 12 82 Townhouse 13 66 6 125 Apartments 2 10 1 5 TOTAL 40 457 104 602 9-5 REPORT NO.: EGD-030-12 PAGE 6 RESIDENTIAL UNITS HISTORICAL COMPARISON 2012 YEAR: (to end of 2011 2010 2009 2008 2007 2006 2005 2004 2003 2002 AREA October) Bowmanville 259 360 282 98 340 451 609 307 587 468 345 Courtice 134 312 236 113 134 82 126 241 173 180 133 Newcastle 33 165 37 24 60 77 84 202 191 123 131 Wilmot Creek 1 5 8 9 30 16 15 15 25 29 38 Orono 1 1 1 0 2 1 1 1 2 0 1 Darlington 6 5 8 6 10 6 7 14 15 13 17 Clarke 9 8 6 11 5 11 12 13 10 1 16 15 Burketon 0 0 1 0 0 0 0 1 1 1 1 Enfield 0 0 0 0 0 0 0 0 0 0 0 Enniskillen 3 0 3 2 0 0 1 1 1 0 2 Hampton 1 1 0 0 0 1 1 0 0 3 1 Haydon 0 0 0 0 0 0 0 0 0 0 0 Kendal 0 0 1 1 0 1 0 0 1 0 3 Kirby 0 0 1 0 0 0 0 0 0 0 0 Leskard 0 0 0 0 0 0 0 0 0 0 1 Maple Grove 0 0 0 0 0 0 0 0 0 1 0 Mitchell Corners 1 1 0 0 0 1 0 0 1 0 0 Newtonville 6 3 7 5 7 2 2 4 5 3 3 Solina 3 1 1 5 0 6 3 3 3 3 1 Tyrone 1 0 1 1 0 5 0 0 0 0 3 9 TOTALS 457 863 593 274 593 655 861 802 1,015 843 701 9-6 REPORT NO.: EGD-030-12 PAGE 7 2. CONCURRENCE - Not Applicable CONFORMITY WITH STRATEGIC PLAN - Not Applicable Staff Contact: Rick Pigeon, Chief Building Official 9-7 Clarbgtoa REPORT EMERGENCY AND FIRE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: November 12, 2012 Resolution#: By-law#: Report#: ESD-017-12 File#: Subject: MONTHLY ACTIVITY REPORT-September 2012 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report ESD-017-12 be received for information. Submitted by: Reviewed by: Gord Weir, Franklin Wu, Director of Emergency Chief Administrative Officer Services GW/mb CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 11-1 REPORT NO.: ESD-017-12 PAGE 2 1. BACKGROUND Report ESD-017-12 covers the month of September and is intended to provide Council with relevant, timely information on the activity of the Emergency and Fire Services Department. 2. COMMENTS The Department responded to 257 calls during this period and recorded total fire losses of$394,000. Attachment# 1 provides September 's monthly summary of: • public education and enforcement activity • fulltime suppression staffing of 4 or more on a truck • station responses and call types • major occupancy type fires and major occupancy type fire response data • a description of major occupancy types and call types 3. CONCURRENCE — Not Applicable CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Mark Berney, Deputy Fire Chief Attachments: Attachment#1 —Activity Report— September List of Interested Parties: None 11 -2 Attachment# 1 to Report ESD-017-12 EMERGENCY and FIRE SERVICES ACTIVITY REPORT REPORT PERIOD:September 1,2012 00:00:00hrs -September 30, 2012 23:59:59hrs PUBLIC EDUCATION SUMMARY_ 2012 2011 ACTIVITY THIS PERIOD TO DATE THIS PERIOD TO DATE STATION TOURS 0 25 0 17 SCHOOL VISITS 1 14 0 8 FIRE SAFETY HOUSE VISITS 4 26 0 7 PUBLIC EVENTS 5 39 0 26 SAFETY LECTURES 7 30 0 25 EXTINGUISHER TRAINING 2 11 0 6 FIRE TRUCK VISITS 1 6 0 3 ENFORCEMENT SUMMARY, 2012 2011 ACTIVITY THIS PERIOD TO DATE THIS PERIOD TO DATE FIRE INSPECTIONS 27 187 0 199 COMPLAINT INSPECTIONS 4 44 0 82 FIRE SAFETY PLAN REVIEW 7 43 0 27 PLANS REVIEW 5 90 0 76 SITE VISITS 3 66 0 70 AFL RESIDENTIAL VISITS 0 536 0 457 PART 1 TICKETS ISSUED 0 0 0 0 PART 3 FIRE CODE CHARGES 0 0 0 3 FIRE INVESTIGATION 4 28 0 26 I, 11-3 Attachment# 1 to Report ESD-017-12 fULLTIME SUPRESSION STAFFING SUMMARY THE PERCENTAGE OF TIME PUMPER TRUCKS WERE STAFFED WITH 4 OR MORE FULLTIME 85.5% FIREFIGHTERS (Pumper 1 - Bowmanville, Pumper 4-Courtice) STATION RESPONSE SUMMARY STATION 1 STATION 2 STATION 3 STATION 4 STATION 5 THIS Bowmanville Newcastle Orono Courtice Enniskillen MONTH THIS 113 62 17 55 10 257 PERIOD TO DATE 1279 332 175 672 100 2558 CALL TYPE-SUMMARY- 2012 2011 THIS PERIOD TO DATE THIS PERIOD TO DATE TOTALS 257 2558 0 2310 FIRES 7 83 0 68 OUTDOOR,NO LOSS FIRES 1 85 0 60 NON FIRE CALLS 249 2171 0 2182 BURNING (controlled) 16 101 0 67 CO FALSE CALL 13 124 0 135 FALSE FIRE CALLS 30 252 0 218 MEDICAL CALLS 122 1244 0 1204 OTHER CALLS 28 206 0 145 PRE-FIRE CONDITION CALLS 2 38 0 37 PUBLIC HAZARD CALLS 14 107 0 99 RESCUE CALLS 24 318 0 277 11-4 I i Attachment# 1 to Report ESD-017-12 MAJOR OCCUPANY TYPE FIRE SUMMARY::, OCCUPANCY TYPE #OF CALLS EST. LOSS GROUP A-ASSEMBLY 0 $0 GROUP B -CARE and DETENTION 0 $0 GROUP C- RESIDENTIAL 3 $330,000 GROUP D- BUSINESS AND PERSONAL SERVICES 0 $0 GROUP E- MERCANTILE 1 $50,000 GROUP F- INDUSTRIAL 0 $0 STRUCTURES/PROPERTIES NOT CLASSIFIED BY O.B.C. 0 $0 VEHICLES. 3 $14,000 TOTALS 7 $394,000 �. ` MAJOR OCCUPANCY TYPE FIRE RESPONSE DATA{ DATE TIME OCCUPANCY 1STTRUCK FIREFIGHTERS STANDBY FULL-TIME TYPE FIREFIGHTERS ON SCENE FIREFIGHTERS CALLBACK 9/8 14:52 Group C 5 30 11 No 9/16 5:06 Group E 4 27 8 No 9/16 8:35 Group C 3 28 24 No 9/18 22:50 Group C 4 22. 9 No ' I 11-5 Attachment# 1 to Report ESD-017-12 DESCRIPTION OF MAJOR OCCUPANY TYPES , Group A:Assembly occupancy units. Assembly occupancies means the occupancy or the use of a building, or part thereof, be for gathering of persons for civic, political,travel, religious, social, educational, recreational, or like purposes, or for the consumption of food or drink. i.e. Production/Viewing Performing Arts, Museum/Art Gallery/Auditorium, Recreation/Sports Facilities, Education Facilities,Transportation Facilities, Other Assemblies, Arenas/Swimming Pools, and Participating/Viewing Open Air Facilities. Group B: Care or Detention occupancy units. Care or detention occupancy means the occupancy or use of a building, or part thereof, be for persons who (a) are dependent on others to release security devices to permit egress, (b) receive special care and treatment, or (c) receive supervisory care i.e. Persons under restraint facilities, persons under supervisory care facilities, care facilities, group/retirement homes Group C: Residential occupancy units. Residential occupancy means the occupancy or use of a building, or part thereof, by means for whom sleeping accommodation is provided but who are not harbored or detained to receive medical care or treatment or are not involuntarily detained. i.e. Detached/Semi/Attached Residential, Dual Residential/Business, Rooming/Boarding, Multi Unit Dwelling, Hotel/Motel/Lodging, Other Residential Group D: Business and Personal Services units. Business or personal services occupancy means the occupancy or use of a building, or part thereof,for the transaction of business or the rendering or receiving of professional or personal services. i.e. Business and Personal Services Group E: Mercantile occupancy units. Mercantile occupancy means the occupancy or use of a building, or part thereof,for the displaying or selling of retail goods, wares, or merchandise. i.e. Food/Beverage Sales, Department Store/Catalogue/Mail Outlet, Specialty Stores, Other Mercantile Group F: Industrial occupancy units. Industrial occupancy means the occupancy or use of a building, or part thereof,for the assembling, fabricating, manufacturing, processing, repairing or storing of goods and materials. i.e.Vehicle sales/service, Utilities, Manufacturing or Processing Facilities, Storage Facilities, Other Industrial Facilities Structures/Properties not classified by the O.B.C.: Mines or Wells, Transportation/Communication Facilities, Open (outdoor) Storage, Miscellaneous Structures and Property,Structures classed under the National Farm Building Code. Vehicles: Road Vehicles, Rail Vehicles, Watercraft, Aircraft, Miscellaneous/Specialty Vehicles i 11-6 i Attachment# 1 to Report ESD-017-12 DESCRIPTION OF CALL TYPES,,- Fire and Explosions: Instance or destructive and uncontrolled burning involving structures,vehicles and open area fires, including explosion of combustible solids, liquids or gasses which may or may not have resulted in a dollar loss or an explosion or rupture as a result of pressure, no fire. Outdoor, No Loss Fires: Uncontrolled fires, outdoors, that did not result in a loss, injury or fatality and is not suspected to be caused by arson, vandalism or children playing. Pre Fire Conditions: Incidents with no fire that involve heat or potential pre fire conditions e.g. pot on stove, cooking-smoke or steam, lightning,fireworks. Burning(controlled): Complaint call related to outdoor controlled burning, authorized or unauthorized. Fire Department did not take suppression action. False Fire Call: Alarm activation or fire call that when investigated, is determined to be as a result of equipment failure, malicious/prank, perceived emergency, accidental activation of alarm by a person. CO (carbon monoxide) False Call: a call where it is determined that the detection equipment malfunctioned or there was a perceived emergency-no CO leak. Public Hazard Call: Includes a response for spills and leaks of a hazardous product such as natural gas, propane, refrigerant, miscellaneous/unknown, gasoline or fuel,toxic chemical, radio-active material, power lines down or arcing, bomb, explosive removal standby, CO (carbon monoxide)or other public hazard. Rescue Call: a call for a person in danger due to their proximity to the occurrence and who is unable to self evacuate and is assisted by Fire Department personnel i.e.vehicle accident, building collapse, commercial/industrial accident, home/residential accident, persons trapped in elevator,water rescue or water/ice rescue. Medical Call: Includes a response to a patient(s)suffering from asphyxia, respiratory condition, convulsions, epileptic, diabetic seizure, electric shock, traumatic shock, heart attack, stroke, drug related, cuts, abrasions, fractures, burns, person fainted, nausea and pre-hospital care such as administering oxygen, CPR, defibrillation or first aid. Other Calls: Assistance to other Fire Departments, calls cancelled on route, non fire incidents where an illegal grow operation or drug operation was discovered. 11-7 Claritwa REPORT COMMUNITY SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: November 12, 2012 Resolution#: By-law#: N/A Report#: CSD-011-12 File#: Subject: PUBLIC ACCESS DEFIBRILLATOR PROGRAM — EXPANSION . RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CSD-011-12 be received; and 2. THAT the expansion to the Public Access Defibrillator Program be referred to the 2013 budget process. . PLC'® C.�_�--t( Submitted by: Reviewed by: Jos ph P. Caruana Franklin Wu, Dir ,ctor, Community Chief Administrative Officer Services JPC/ga CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 12-1 REPORT NO.: CSD-011-12 PAGE 2 1.0 BACKGROUND 1.1 At the November 5, 2012 meeting, Council ratified a resolution directing staff"to report back to the November 12, 2012 General Purpose and Administration Committee meeting on providing defibrillator service at all the hall boards." 1.2 In preparing this report staff has identified the following ten Community Halls for consideration and inclusion in the Municipality's Public Access Defibrillator (PAD) Program; • Solina Hall • Orono Town Hall • Tyrone Hall • Kendal Community Centre • Haydon Hall • Brownsdale Community Centre • Hampton Hall • Newtonville Hall • Baseline Community Hall • Bowmanville Memorial Park Clubhouse 1.3 Should Council approve expansion of the PAD program to include all the above listed Hall Boards, there would still be four buildings that do not provide the service. As such, this report includes those additional sites for Council's consideration, and they are; • Visual Arts Centre • Clarke Museum • Bowmanville Museum • Sarah Jane Williams Heritage Centre 2.0 PAD PROGRAM 2.1 Although there may be no financial obligations on the part of the respective Boards, it is imperative to be committed to the program, as there is a requirement to complete annual certification training for up to twelve staff or volunteers for each unit. 2.2 In addition to the formal training there is a requirement to accept responsibility for regular visual inspections of each unit to ensure the unit is maintained in perfect operating condition. Any maintenance would be provided by the technical staff at the Central East Prehospital Care Program (CEPCP). 2.3 As there is onus on the Board to receive training and perform regular inspections to participate in the PAD program, staff is recommending that the program be provided only to the Boards that request participation. 12-2 i REPORT NO.: CSD-011-12 PAGE 3 3.0 SYSTEM MONITORING 3.1 Once installed, each unit is monitored by a third party. The Municipality currently has a company that provides this service. It is anticipated that any additional sites would be added to that contract. 3.2 Once operational, in the event that a unit is removed from its case, a signal is sent directly to the monitoring company indicating the location the signal is being sent from. The monitoring company would contact'911 to advise that the Automated External Defibrillator (AED) has been removed from its case, and then the 911 dispatcher would follow their protocol and contact the responding agency (EMS). 3.3 The monitoring system requires each facility to have at least one telephone land line. Where a dedicated line cannot be provided, a component can be added that will allow the AED system to override the line in the event the system is activated. 4.0 FINANCING 4.1 The estimated cost per site is provided as follows: Initial Costs (First Year Only) Defibrillator Unit $2,500 Monitoring System Installation and Monitoring $ 450 CEPC Program Support & Training $1,750 $4,700 Annual Costs (Second and Subsequent Years) CEPC Program Support & Training $1,750 System Monitoring 275 $2,025 4.2 In the event that all 14 sites identified agree to participate, the total cost is estimated as follows: 14 units @ $4,700 = $65,800 one time only 14 units @ $2,025 = $28,350 annually 4.3 It is noted that the Haydon Hall currently does not have telephone service installed. Should the Haydon Hall Board wish to participate in the PAD program, 12-3 i REPORT NO.: CSD-011-12 PAGE 4 costs to install and maintain the phone system are estimated at $250 installation and $30 monthly charges. 5.0 HEART AND STROKE FOUNDATION OF ONTARIO 5.1 The Heart and Stroke Foundation does provide a funding opportunity for the capital cost of the defibrillators. The Foundation has advised that the next round of their public access defibrillator funding program is scheduled to be announced in November 2012, with submission deadline set for late December and approvals announced in March of 2013. 5.2 Although staff is not specifically aware of any confirmed future funding opportunities through the Heart and Stroke Foundation, the Foundation staff does advise that it is possible that they will have more rounds of applications in the future. 6.0 COMMENTS 6.1 Currently the Community Services Department administers the PAD program for all Municipal recreation facilities in addition to the Orono Arena Board, Newcastle Arena Board and the Newcastle Community Hall Board. Should this program expand to include the sites indicated in this report, the Operations Department will assume responsibility to coordinate the Board operated components of the program. 6.2 As the total capital and ongoing maintenance costs are substantial, staff is recommending that the program expenses be referred to the 2013 budget process. 6.3 The Municipality of Clarington has demonstrated its commitment to providing a cardiac safe community through the ongoing partnership with the Central East Prehospital Care Program and staff look forward to expanding the PAD program in our community. 7.0 CONCURRENCE: 7.1 This report has been reviewed by Fred Horvath, Director of Operations and Nancy Taylor, Director of Finance who concur with the recommendations. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Joseph P. Caruana, Director of Community Services List of interested parties to be advised of Council's decision: None 12-4 Clarbgton REPORT L DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: November 12, 2012 Resolution#: By-law#: Report#: CLD-032-12 File#: Subject: APPOINTMENTS —VERIDIAN CORPORATION AND DEPARTMENTAL LIAISONS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-032-12 be received; 2. THAT Mayor Foster and Frank Stapleton be nominated as directors of Veridian Corporation for a term expiring December 31, 2014; and 3. THAT the departmental liaisons be reappointed effective January 1, 2013 to November 30, 2014. Submitted by: Reviewed by: P t is rrie Franklin Wu, unj�i al Clerk Chief Administrative Officer plb I CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE_STREET, BOWMANVILLE, ONTARIO L1C 3A6 _T 905-623-3379 13-1 i REPORT NO.: CLD-032-12 PAGE 2 1. BACKGROUND At the beginning of each term of Council, a number of appointments to various boards and committees are made. In accordance with Veridian Corporation's shareholders' agreement, the Municipality of Clarington is to nominate three individuals to the Board of Directors, being the Mayor (or designate) and at least one non-elected individual. As is practice within the Municipality, members of Council are each appointed as a liaison for the various departments within the administration. 2. CURRENT VERIDIAN APPOINTMENTS In December 2010, the Municipality nominated: Name Term of Appointment Mayor Adrian Foster January 2, 2011 — December 31, 2012 Councillor Mary Novak January 2, 2011 — December 31, 2012 Councillor Joe Neal ....January 1, 2013 — December 31, 2014 Frank Stapleton January 2, 2011 — December 31, 2012 Given that Mayor Foster's and Frank Stapleton's appointments expire on December 31, 2012, it is necessary for Council to nominate individuals to the Board, with the term of the appointment to expire on December 31, 2014. Frank Stapleton has indicated his desire to be reappointed to the Board. His letter of intention and resume have been circulated under separate cover. 3. CURRENT DEPARTMENTAL LIAISONS At the Council meeting of December 20, 2010, the following recommendation of the General Purpose and Administration Committee was approved: THAT the Members of Council be designated as a Department Chair for the term ending December 31, 2012, as follows: Planning Services Department Councillor Ma Novak Engineering Services Department Councillor Corinna Traill Operations Department Councillor Willie Woo ...Emergency...Emergenqy Services Department Councillor Ron Hooper Community Services Department Councillor Joe Neal Municipal Clerk's Department Councillor Wendy Partner Finance, Corporate Services & Solicitor's Mayor Adrian Foster Department &Administration Accordingly, it is now appropriate that the departmental liaisons be designated for the remainder of the term. 13-2 REPORT NO.: CLD-032-12 PAGE 3 4. CONCURRENCE - Not applicable 5. CONCLUSION It is respectfully recommended that the nominations to Veridian Corporation and the department liaison appointments be approved. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Patti Barrie,Municipal Clerk Attachments: Confidential Attachment 1 — Letter of Intention and Resume — Frank Stapleton List of interested parties to be advised of Council's decision: Veridian Corporation Frank Stapleton 13-3 i Cladiwn REPORT LEGAL DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: November 12, 2012 Resolution #: By-law #: Report#: LGL-008-12 File #s: L3020-02 and L3020-01 Subject: Art Robinson v. Clarington et al. 175 Baseline Road, Bowmanville Newcastle Recycling v. Clarington 4349 Concession Road 4, Orono RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report LGL-008-12 be received for information. Submitted by: Z Reviewed by: Andrew C. Allis n, B. Comm., LL.B. Franklin Wu, MAOM Municipal Solicitor Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO_L1C 3A6 T 905-623-3379 16-1 REPORT NO.: LGL-008-12 PAGE 2 1.0 BACKGROUND 1.1 At its meeting on October 22, 2012, Council approved the following Resolution (#GPA-500-12): That Staff be directed to prepare a report on what has been spent, on an annual basis, for legal fees regarding the matters at 173 Baseline Road and the Newcastle Recycling. 2.0 REQUESTED INFORMATION 2.1 The requested information is as follows: Newcastle Recycling 173 Baseline Rd Total Per Year 2001 3,713.64 3,713.64 2002 51,421.24 51,421.24 2003 90,902.02 90,902.02 2004 80,730.18 43,759.62 124,489.80 2005 134,198.51 49,810.85 184,009.36 2006 49,815.95 22,859.08 72,675.03 2007 147,217.32 96,089.94 243,307.26 2008 186,494.21 71,870.01 258,364.22 2009 131,265.76 5,983.54 137,249.30 2010 9,290.17 12,268.55 21,558.72 2011 12,190.99 73,412.54 85,603.53 2012 7,456.98 21,603.45 29,060.43 $ 879,199.351 $ 397,657.58 $ 1,276,856.93 2.2 These figures do not include any amount attributable to time spent by the Municipal Solicitor from June 2010 (when the in-house Legal Department was established) to the present. 3.0 CONCURRENCE — Not Applicable CONFORMITY WITH STRATEGIC PLAN — Not Applicable I i 16-2 Ciarftma REPORT LEGAL DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: November 12, 2012 Resolution #: By-law M Report #: LGL-009-12 File #: L2030-06-10 Subject: CANADIAN MOSPORT VENTURES LIMITED DEVELOPMENT CHARGES COMPLAINT 3233 CONCESSION RD #10 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report LGL-009-12 be received; and 2. THAT the complaint dated September 14, 2012 filed by Canadian Mosport Ventures Limited be dismissed. Submitted by: �` �'G' Reviewed by: Andrew C. Allison, B. Comm., LL.B. Franklin Wu, MAOM Municipal Solicitor Chief Administrative Officer Submitted by: ancy Ta(ylor, ,8AA., C.A. DirectWof Finance CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 16-3 i REPORT NO.: LGL-009-12 PAGE 2 1.0 BACKGROUND 1.1 In a letter dated September 14, 2012, Lyn Townsend, Townsend and Associates, Solicitor on behalf of Canadian Mosport Ventures Limited, filed a complaint under Section 20 of the Development Charges Act, 1997 with respect to 3233 Concession Road 10, Bowmanville (Attachment 1). In her letter, Ms. Townsend has asserted that the amount charged was incorrectly determined and there was an error in the application of Development Charges By-law No. 2010-058. 1.2 A description of the proposed development (storage building) and the amount of the development charges paid are set out in the complaint letter. 1.3 At the October 22, 2012 Council meeting, Mr. Phil King appeared as a delegation on behalf of the complainant (Canadian Mosport Ventures Limited). Council referred the complaint to staff for a report. 1.4 The purpose of this Report is to provide Council with further information respecting the complaint as well as information regarding Municipal development charges collected as a result of a building.permit issued to Canadian Mosport Ventures Limited on October 16, 2012 for a pump house on the same property. 2.0 COUNCIL AUTHORITY 2.1 Under subsection 20(1) of the Development Charges Act, 1997, "a person required to pay a development charge, or the person's agent, may complain to the council of the municipality imposing the development charge that, (a) the amount of the development charge was incorrectly determined; (b) whether a credit is available to be used against the development charge, or the amount of the credit or the service with respect to which the credit was given, was incorrectly determined; or (c) there was an error in the application of the development charge by-law." 2.2 Under subsection 20(6) of the Development Charges Act, 1997, Council "may dismiss the complaint or rectify any incorrect determination or error that was the subject of the complaint." 2.3 Council does not have the power to change Development Charges By-law No. 2010-058. This can only be done by following the process set out in the Development Chagres Act, 1997. 2.4 Canadian Mosport Ventures Limited has also filed a complaint respecting the development charges imposed by the Region. The Regional complaint is i 16-4 i REPORT NO.: LGL-009-12 PAGE 3 scheduled to be heard at the Region on November 14, 2012. This Report will only deal with the payment of development charges under By-law No. 2010-058. 3.0 DISCUSSION I 3.1 In the complaint, it is suggested that the proposed storage building is an "accessory" use and therefore "the issuance of building permit 12.0678 does not have the effect of increasing the need for services". Staff disagree. 3.2 "Accessory" is defined in the Development Charges By-law No. 2010-058 as follows: Accessory: where used to describe a building means that the building is naturally and formally incidental,,subordinate in purpose or floor area or both, and is exclusively devoted to a principal use or building located on the same lot, 3.3 "Building", "residential" and "non-residential" are defined in the By-law as follows: Building: means a building or structure occupying Non-residential: means buildings or portions of mixed-use buildings containing floors or portions of floors contained therein which are used, designed or intended to be used for a purpose- which is not a residential purpose; Non-Residential: means buildings or portions of mixed-use buildings containing floors or portions of floors contained therein which are used, designed or intended to be used for a purpose which is not a residential purpose. Residential: means buildings or portions of mixed-use buildings and floors or portions of floors contained therein which are used, designed, or intended to be used as living accommodation for one or more individuals provided in a dwelling unit(s) and an accessory building to the dwelling, 3.4 The word "accessory" is only used in four places in the By-law. It is used to clarify which buildings or areas are "accessory" for purpose of determining what category of development charge should apply or whether a particular building should be exempt from payment. It is used in the definition of "agriculture" to clarify which agricultural buildings will receive the benefit of an agricultural exemption under section 19 of the By-law. It is used in the definition of "dwelling, garden suite" to make it clear that garden suites will not have to pay development charges in the higher amount that would otherwise be applicable to single detached dwellings. It is used in the definition of "industrial' to differentiate areas that will attract a non- residential development charge from areas that will attract an industrial charge. Finally, it is used in the definition of "residential" to make it clear that "living accommodation ... provided in an accessory building to the dwelling" (e.g. garage 16-5 j i i REPORT NO.: LGL-009-12 PAGE 4 i apartments) are residential uses that will require the payment of development charges. "Accessory" is not used in the definition of "non-residential" because it is not necessary. i 3.5 Section 4 of Development Charges By-law No. 2010-058 provides as follows: 4. It is hereby declared by Council that the development of land for residential buildings, non-residential buildings and mixed-use buildings in the Municipality will increase the need for services. 3.6 When read together, these sections of By-Law No. 2010-058 make it clear that all non-residential buildings (which include storage buildings) increase the need for services, irrespective of whether they are "accessory". 3.7 This interpretation has been applied to the By-Law No. 2010-058 and its predecessors on numerous occasions. The Municipality has consistently applied development charges to accessory non-residential buildings. 3.8 Staff are therefore of the opinion that the amount of the development charge was correctly determined and that that was no error in the application of the Development Charge By-law No. 2010-058. Accordingly, it is recommended that Council dismiss the complaint. 3.9 If Council feels that a different approach should be taken in terms of "accessory" non-residential buildings (some municipalities do exempt "accessory" non- residential buildings from the payment of development charges (e.g. Halton)), in the opinion of staff it would require a change to the by-law. 4.0 PUMP HOUSE 4.1 During his delegation to Council on October 22, 2012, Mr. King referred to development charges that had been paid in relation a building permit for the construction of a pump house on the same property (3233 Concession Rd #10) that was issued on October 16, 2010. 4.2 The building permit was for an in-ground 40,000 US gallon water storage tank (5.5 m by 13.92 m) with an above ground building that is 31 square meters (5.5 m by 5.5 m). The above ground building will house a diesel fuel pump, the sole purpose of which will be to provide water for fire fighting to the Event Center (currently under construction) and the storage building (described in the complaint letter) located on the property. Both of these buildings require water for firefighting in accordance to the Ontario Building Code because they are in excess of 600 square meters in area. The pump house will be located approximately 84 m from the Event Centre and 13.7 m from the storage building. 4.3 This the first time that the Municipality has dealt with a building permit application of this nature. When the building permit was issued, staff collected $1,937.50 for Municipal development charges but did indicate that they would review the matter. i 16-6 i REPORT NO.: LGL-009-12 PAGE 5 After consulting with the Treasurer and the Municipal Solicitor, it was determined that Municipal development charges are not payable in relation to the proposed pump house under By-Law No. 2010-058. The reasons are set out below. 4.4 Development charges for non-residential buildings are calculated based on the amount of "total floor area". The definition of "total floor area" in By-law 2010-058 "excludes any areas of the building or mixed use building used for elevators, enclosed garbage storage areas, loading facilities, mechanical equipment related to the operation or maintenance of the building or mixed use building, parking of motor vehicles, retail gas pump canopies, stairwells and any separately enclosed garbage storage area". This wording reflects an intention not to impose development charges in relation to floor area that is used to house "mechanical equipment related to the operation or maintenance of [a] building". 4.5 If the equipment in the pump room had been located within either the Event Centre building or the storage building, the area that the equipment occupied would have been deducted from the "total floor area" in order to determine the amount of Municipal development charges payable. It would be an inconsistent and unfair result, and it would be contrary to the intention of By-Law No. 2010-058, to collect development charges simply because "mechanical equipment related to the operation of the building" was housed in a separately enclosed area. 4.6 To be clear, the pump house should not attract Municipal development charges because it is being used to house immoveable mechanical equipment related to the operation of two other buildings 'on the property (as compared to a storage building that is used for the temporary storage of moveable equipment and materials associated with the racetrack). The refunding of Municipal development charges for the pump house has nothing to do with whether the pump house is or is not an "ancillary" building. 4.7 Based on the foregoing, the Municipal development charges paid in relation to the construction of the pump room (Building Permit No. 12.1526) will be refunded to Canadian Mosport Ventures Limited. 5.0 CONCURRENCE 5.1 The.Director of Engineering Services and the Chief Building Official have reviewed this Report and concur with its recommendations. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Attachment 1: Letter of September 14, 2012 from Townsend & Associates (with Attachments) 16-7 ATTACHMENT NO. 1 TO REPORT LGL-009-12 PLEASE REFER TO: TOWNSEND AND /ASSOCIATES Lyn Townsend(Ext222) BARRISTERS AND SOLICITORS Email:Kyn.townsend @ttownsend.ca Assistant:Kate King(Ext.221) LYNDA J.TOwNSEND PROFESSIONAL CORPORATION E-mail:kate.king @Itownsend.ca September 14,2012 Mayor and Members of Council The Municipality of Clarington 40`temperance Street Bowmanville,ON L1C 3A6 Attention Patti Barrie, Clerk Dear Ms.Barrie: Re: Development Charges Act,section 20 Complaint 3233 Concession Rd,#10,Bowmanville,ON We are the solicitors for Canadian Mosport Ventures Limited with respect to their property at 3233 Concession Road No. 10, Bowmanville,ON,(the"Subject Property"), Please accept this letter of complaint filed under section 20 of the Development Charges Act, 9997, (the "Act") and proceed to schedule a hearing of the complaint before Regional Council, Under section 20 of the Act, the basis of the complaint is that the amount of the charge was incorrectly determined and there was an error in the application of the Municipality of Clarington's Development Charge By-law 2010.058, Our client Is proposing to construct a building which is identified on Building Permit 42,0678 as a 1 storey maintenance shed ancillary to Mosport International Raceway, A copy of the building permit has been enclosed for your ease of reference. The proposed maintenance shed has a gross floor area of 743,22 square metres (approximately 8000 square feet). In calculating the development charges payable, the Municipality of Clarington has applied the non-residential, excluding Industrial rate to the proposed maintenance shed. Development Charges in the following amounts were required to be paid prior to the issuance of the building permit: Regional-$93,680 Municipal-$46,451.25 Separate School Board-$401.34 Public School Board-$3,039.77 Total-$143,572.36 A receipt showing payment of the above amount on September 13, 2012 is enclosed with this letter for your convenience. SUITE 10,9525 CORNWALL ROAD,OAKVILLE,ONTARIO WOW PHONE:(905)829 8600-FACSIMILE:(905)829 2035- E-MAIL: maII&ownsend.ca i Municipality of cladnglon Re:Dc complaint September 14,2012 Page 2of2 It is our position that there has been an error in the application of the Development Charges By-law 2010- 058, In that the issuance of building permit 12.0678 does not have the effect of increasing the need for services. The proposed maintenance shed is merely to be used for the storage and maintenance of equipment and materials associated with the raceway. The Development Charge By-law 2010-058 defines accessory as: where used to describe a building means that the building is naturally and normally Incidental,subordinate in purpose or floor area or both and is exclusively devoted to a principle use or building located on the same lot, Therefore as an accessory use that does not increase the need for services, the proposed maintenance shed should not have been subject to the payment of development charges under Development Charges By-law 2010-058.Accordingly,on behalf of our clients,we are-seeking a full refund with interest of the total development charges paid to the Municipality of Clarington. On the basis of the above grounds,and such further grounds as we may raise,please proceed to schedule the hearing before Council.We will await notice of the hearing required pursuant to section 20(5)of the Act, Yours truly, TowN ND ND ASSOCIATE Lynn ownsend i I 16-9 i CORPORATION OF THE MUNICIPALITY OF � CLARINGTbN 40JEMPERANCE ST., BOWMANVILLE, ON LIC 3A6 TELEPHONE: 905-623-3379 WEBSITE:www,clarington.net RECE1VED FROM: DA-1 E: F'ec� -, ti f col T HSTPAYABLE HST #10697980ORTOOOI TOTAL PAID ( � �72•�3 PAID BY PLEASE CHECK APPLICABLE 0. CASH Qn.k— t CHEQUE 0 DEBIT i 0 OTHER, RECEIPT NO. COMPLETED BY: 30250 White— Customer Copy, Yellow--Accounting Copy, Pink— File Copy i 16-10 I Engineering Services Department- Building Division 40 Temperance Street �. Bowmanville, Ontario L1C 3A6 l,ocrdtng rile ti1'ay .Telephone(905)6233379 Fax(905) 623-1824 Inspections (905)6237876 F t1 I La M Permit No' : °12.0678 Issue Date: September 13, 2012 Property Address: 3,233 CONCESSION RD 10, CLARKE a Legal Description: CARLINTON CON 9 PT RDAL LOT;34 PT LOTS 33 AND 35 i OWNER: APPLICANT: CANADIAN MOSPORT VENTURES LTD. GLEN SCHNARR &ASSOCIATES INC I TO CONSTRUCT: 'I Stbrey Maintenance Shad (Ancillary to Mosport International Raceway)) Number of Units. 0 Gross FioorArea (sq. m.): 743.22 Finished Basement Area (sq. m,): 0,00 Model Type: Energy Design: PERMIT CONDITIONS: } i i t j f f 4 i . THIS CARD MUST BE PROMPTLY DISPLAYED ON THE PREMISES DESCRIBED ABOVE AND VISIBLE FROM THE STREET INSPECTIONS MUST BE GALLED IN BEFORE 3:00 P FOR N5 DAY INSPECTION. CALL: 905-623-787 __........... . Issued By: Chief Building Official 15-11 UNFINISHED BUSINESS ciffingon REPORT PLANNING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: November 12, 2012 Resolution#: By-law#: Addendum to Report#: PSD-039-12 File#: COPA 2012-0005 AND ZBA 2012-0009 Subject: PROPOSED OFFICIAL PLAN AMENDMENT AND ZONING BY-LAW AMENDMENT TO PERMIT THE CONSTRUCTION OF A SINGLE DETACHED DWELLING ON AN EXISTING LOT OF RECORD IN ENNISKILLEN RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Addendum to Report PSD-039-12 be received; 2. THAT Official Plan Amendment No. 87 as contained in Attachment 3 of PSD-039-12 be adopted and that the accompanying by-law be passed; 3. THAT the application for a Zoning By-law Amendment to permit the construction of a single detached dwelling as contained in Attachment 4 of PSD-039-12 be approved; 4. THAT the Durham Regional Planning Department and Municipal Property Assessment Corporation be forwarded a copy of Addendum to Report PSD-039-12 and Councils' decision; and 5. THAT all interested parties listed in the Addendum to Report PSD-039-12 and any delegations be advised of Council's decision. Submitted by: � � Reviewed by: Davi . Crome, MCIP, RPP ranklin Wu, Director of Planning Services Chief Administrative Officer MM/CP/df 6 November 2012 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 3A6 T 905-623-3379 18-1 i ADDENDUM TO REPORT NO.: PSD-039-12 Page 2 1. BACKGROUND 1.1 On April 27, 2012, CLOCA submitted applications on behalf of Jay Sweet and Kathryn Schoon to permit the construction of a single detached dwelling on an existing lot of record in Enniskillen. The portion of the property where the dwelling is proposed to be located is designated Environmental Protection Area in the Official Plan and zoned Environmental Protection (EP). The construction of a single residential dwelling is not permitted. 1.2 The Statutory Public Meeting was held on June 25, 2012. It was recommended by Council that the application continue to be processed including the preparation of a recommendation report. 1.3 A recommendation report for the proposed Official Plan amendment and rezoning was prepared and placed on the agenda for the September 10, 2012 General Purpose and Administration Committee meeting. Prior to the meeting, the applicant requested that the Committee table the application for unspecified reasons and for an undetermined period of time. 2. DISCUSSION 2.1 As discussed in the preceding recommendation report, the subject lands were part of a larger area designated Environmental Protection Area as a result of the steep slopes associated with the Enniskillen Valley. There are no woodlands or other natural heritage features in the proposed building envelope. Through the proposal and detailed review of the site, a small area of land suitable for a dwelling was identified. This area is located on a plateau, as shown in Photograph 1 (next page). The proposed building envelope is located approximately where the vehicles are seen parked towards the right- hand side of the photograph. 2.2 The subject property is vacant land, used previously as pasture. As the property is located towards the bottom of the valley, the topography is less rugged compared to land near the edges of the valley. All the circulated agencies supported the proposal with no concerns regarding the suitability of this site for the construction of a dwelling. 2.3 The property has existing rights for a residential dwelling on the portion of the property that is zoned "Agricultural (A)" along the west boundary. 2.4 The attached map (Attachment 1) provides more detail on the topography and zoning of the subject site. It is provided to assist the Committee in the review of the application. 18-2 ADDENDUM TO REPORT NO.: PSD-039-12 Page 3 I� _ c� a� _ Q i. t d t ;i �A c 4' tm 'K F { t L . = -� - 18-3 ADDENDUM TO REPORT NO.: PSD-039-12 Page 4 3. CONCURRENCE — Not Applicable 4. CONCLUSION 4.1 Staff recommends that the application for Official Plan amendment and Zoning By-law amendment as contained in PSD-039-12, Attachments 3 and 4 respectively be approved. CONFORMITY WITH STRATEGIC PLAN The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: X Promoting economic development Maintaining financial stability Connecting Clarington Promoting green initiatives Investing in infrastructure Showcasing our community Not in conformity with Strategic Plan Staff Contact: Mitch Morawetz, Planner I Attachments: Attachment 1 - Map of Subject Land Attachment 2 — Copy of Report PSD-039-12 List of interested parties to be advised of Council's decision: Central Lake Ontario Conservation Jay Sweet 18-4 Attachment 1 To Addendum To Report PSD-039-12 .i rl�r• � 242 trY 7 i •• ,r' frf ,•.if 1 i llf 11 V; � � i. / I ••� IJ ry ' E t. L' , b. f +. 10 t• r i "I0 os , 27.4 224 REGIONAL. RD 3 12g 223 - 220 )ICJ 1 ``,4 �Zonlna By-Law 84.63 Buildina Envelope Ct_OCA Property N �r�� Contour(5m) 0 Assessment Parcels Proposed Severance ( scale 1:2,100 Cfa tugton Attachment 2 To Addendum To Report PSD-039-12 o l II REPORT" PLANNING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADM IN ISTRATION'COMMITTEE -,Y/I Date: September 10, 2012 Resolution#: By-law#: Report#: PSD-039-12 File#: COPA 2012-0005 AND ZBA 2012-0009 Subject: PROPOSED OFFICIAL PLAN AMENDMENT AND ZONING BY-LAW AMENDMENT TO PERMIT THE CONSTRUCTION OF A SINGLE DETACHED DWELLING ON AN EXISTING LOT OF RECORD IN ENNISKILLEN RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-039-12 be received; 2. THAT Official Plan Amendment No. 87 as contained in Attachment 3 of PSD-039-12 be adopted and that the accompanying by-law be passed; 3. THAT the application for a Zoning By-law Amendment to permit the construction of a single detached dwelling as contained in Attachment 4 of PSD-039-12 be approved; 4. THAT the Durham Regional Planning Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-039-12 and Councils' decision; and 5. THAT all interested parties listed in Report PSD-039-12 and any delegations be advised of Council's decision. Submitted by: Reviewed by: Da v' Crome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer MM/CP/df 24 August 2012 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 18-6 REPORT NO.: PSD-039-12 Page 2 1. APPLICATION DETAILS 1.1 Applicant: Central Lake Ontario Conservation Authority (CLOCA) 1.2 Owner: Jay Sweet and Kathryn Schoon 1.3 Proposal: To amend the Clarington Official Plan and Zoning By-law 84-63 to permit the construction of a single detached dwelling on an existing lot of record in Enniskillen 1.4 Area: 6.9 ha 1.5 Location: 2160 Regional Road 3, Enniskillen 2. BACKGROUND 2.1 On April 27, 2012, CLOCA submitted applications on behalf of Jay Sweet and Kathryn Schoon proposing to amend the Clarington Official Plan and Zoning By-law 84-63 to permit the construction of a single detached dwelling on an existing lot of record in Enniskillen. The portion of the property where the dwelling is proposed to be located is designated Environmental Protection Area in the Official Plan and zoned Environmental Protection (EP). The construction of a single residential dwelling is not permitted. 2.2 The property owners approached CLOCA about selling a portion of the subject property that is abutting lands that CLOCA already owns in the Enniskillen Valley. The owners wish to sell 4.45 hectares of land to CLOCA, so-long as they can get a building permit to construct a dwelling on the remaining 2.42 hectares. (see Attachment 1) CLOCA has agreed to purchase the lands being offered and is representing the property owners as the applicant for the subject applications, seeking to amend the Clarington Official Plan and Zoning By-law 84-63 to permit the construction of a dwelling on the proposed retained lands. 2.3 A Scoped Hydrogeological Assessment has been completed by CLOCA and was submitted with the appl%cation. This study is required by the policies of the Clarington Official Plan for development applications proposed within or adjacent to identified Natural Heritage Features. The scope of the study and findings are detailed later in this report. A Planning Justification Report was also submitted with the applications. 2.4 A public meeting for the proposed Official Plan amendment and rezoning was held on June 25, 2012. No one appeared in opposition to the applications and no concerns were raised by the general public. Comments from the Region of Durham Planning and Works Departments were outstanding at the time the public meeting report was written, and Committee and Council approved a recommendation for Staff to continue to process both applications. All outstanding comments have now been received. i 18-7 REPORT NO.: PSD-039-12 PAGE 3 3. LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject property is vacant land, used previously as pasture. A lane, subject to easement, used to access three residential properties to the south and west passes over the subject property. This same lane is used to access the subject property. During a site visit, staff observed some cars being stored on the property. The applicant has indicated that the cars will be removed. 3.2 The subject property is located in the Enniskillen Valley amongst 590 ha of land owned by CLOCA. An unopened road allowance runs up the West side of the property however CLOCA owns the lands to the west of the road allowance and the lands north and east of the subject property. 3.3 The surrounding uses are as follows: North - Enniskillen Valleylands owned by CLOCA South - Rural residential properties East - Enniskillen Valley Lands owned by CLOCA West - Unopened road allowance and Enniskillen Valley Lands owned by CLOCA 4. PROVINCIAL POLICY 4.1 Provincial Policy Statement The 2005 Provincial Policy Statement (PPS) states that land must be carefully managed to promote efficient land use and development patterns Which support strong, liveable and healthy communities, protect the environment and facilitate economic growth. The PPS directs residential development to settlement areas. Development may occur within significant valleyland, such as the Enniskillen Valley, if it.can be demonstrated that the proposed development will not negatively impact the feature or its function. A Hydrogeological Study has been completed to support this proposal and it has been determined that there would be no negative impact on the significant valleylands if a dwelling were constructed on a portion of the property. This property is an existing lot of record within the hamlet of Enniskillen and the proposal will not result in the creation of a new lot, since the proposed severed lands will meld with CLOCA's adjacent lands. The proposal is consistent with the'PPS. 4.2 Greenbelt Plan The subject property is located in the Protected Countryside and partially within the Hamlet of Enniskillen in the Greenbelt Plan Area. The proposed area to be re- designated and rezoned is located within the hamlet boundary. Hamlets are governed by municipal official plans and are not subject to the policies of the Greenbelt Plan. All of the subject lands that are within the Protected Countryside and a portion of the lands within the hamlet are to be sold to CLOCA following approval of the proposed amendments to permit a single detached dwelling. The subject applications are consistent with the policies of the Greenbelt Plan. 18-8 REPORT NO.; PSD-439-12 PAGE 4 5. OFFICIAL PLANS 5.1 Durham Regional-Official Plan The Durham Regional Official Plan designates the subject property Hamlet and Major Open Space. The proposed building envelope is located within the Hamlet portion of the property. Single detached dwellings are to be the predominant land use in hamlets, according to the Official Plan. The proposal to rezone a portion of the subject property to permit the construction of a single detached dwelling conforms with the Durham Regional Official Plan. 5.2 Clarington Official Plan The Clarington Official Plan designates the property Hamlet Residential and Environmental Protection Area. The proposed building envelope is located on a portion of the property within the Environmental Protection Area designation. A Clarington Official Plan Amendment is required in order to allow the construction of a single detached dwelling in the proposed location on the property. The intent of this application is not to re-designate the subject lands but rather insert an exception policy to permit a dwelling within the proposed building envelope. The property is entirely within the Significant Valleylands component of the Natural Heritage System in the Clarington Official Plan. Therefore, an appropriate study is required in order to determine the suitability of the proposal for the subject property and the potential impact on the identified feature. A Scoped Hydrogeological Assessment has been completed in support of the applications. 6. ZONING BY-LAW 6.1 Zoning By-law 84-63 zones the subject lands Agricultural (A), Residential Hamlet Exception (RH-3) and Environmental Protection (EP). A dwelling is permitted in either the "A" zone or the "RH-3" zone but not in the "EP" zone. The proposed building envelope is located on a portion.of the property zoned EP and therefore a Zoning By- law Amendment is required. A of By-law Amendment must-conform to the Official Plan and since the proposed building envelope is located on lands designated Environmental Protection Area, the Zoning By-law cannot be amended without also amending the Official Plan. 7. SUMMARY OF BACKGROUND STUDIES 7.1 A Scoped Hydrogeological Assessment has been completed and submitted in support of the applications. This study has identified that the proposed building envelope is located in the vicinity of areas of significant groundwater discharge that support important hydrologic functions. The Scoped Hydrogeological Assessment was completed to ensure that the proposed development will not impact groundwater resources and ecosystem functions. This study provides a description of site conditions including surficial and subsurface soil conditions, groundwater flow conditions and vulnerability, recharge and discharge. An assessment of potential impacts associated with the development has also been completed. The study found that no impact to the 18-9 REPORT NO.: PSD-039-12 PAGE 5 shallow or deeper aquifer systems is expected to result from the proposed development. The area slated for the construction of the house is underlain by a till unit that has limited recharge properties and the private water supply well is finished in the deeper less vulnerable aquifer system. No impacts to surface water features in the area are anticipated. 8. PUBLIC NOTICE AND SUBMISSIONS 8.1 Public notice was given by mail to each landowner within 120 metres of the subject properties and a public meeting notice was installed on the site. As of the writing of this report, no comments or concerns from neighbouring land owners have been received. One nearby resident called seeking clarification on the application but stated no concerns. 9. AGENCY COMMENTS 9.1 The Central Lake Ontario Conservation Authority have commented that they have no objection to the approval of these applications. 9.2 The Region of Durham Health Department have commented that they have no objection to the approval of these applications. They note that the proposed forthcoming severance must conform with the Region's Drilled Wells and Lot Sizing Policies, 9.3 The Region of Durham Planning Department has commented that this proposal conforms with the Region of Durham Official Plan and that, in their opinion, the proposal is consistent with all applicable Provincial Policy. The Official Plan amendment is exempt from Regional Approval. The Planning Justification Report, authored and submitted by CLOCA, was reviewed by the Kawartha Region Conservation Authority, who expressed no concerns to the Region regarding the report. 9A The Region of Durham Works Department has commented that no Regional Road widening is required. 9.5 The Region of Durham does not have any significant Regional concerns with these applications. 10. DEPARTMENTAL COMMENTS 10.1 Engineering Services have advised they have no objection in principal to the application, but wish to review a grading plan for the proposed lot prior to issuance of a building permit. 10.2 The Emergency Services Department have no objection to the application, but recommend the driveway be constructed to carry the weight of a fire truck. 18-10 REPORT NO.: PSD-039-12 PAGE 6 11. DISCUSSION 11.1 The owner of the subject lands wishes to construct a dwelling within the proposed building envelope. At the same time, CLOCA wishes to purchase the lands being offered to them to add to the Enniskillen Conservation Area, reducing the length of edge lands around their holdings. If successful, the approval of this application will benefit the current land owner, CLOCA and the residents of Clarington who will benefit from CLOCA's endeavours to acquire lands in the Enniskillen Valley. CLOCA's goal is to protect these significant valleylands that are.the headwaters of the Bowmanville Creek. 11.2 The subject lands were designated Environmental Protection Area as a result of the steep slopes associated with the Enniskillen Valley. There are no woodlands or other natural heritage features in the proposed building envelope. Through the proposal a small area of land, in the valley, that could be made suitable for a residence was identified. It still requires a steep and long driveway up the hill between the existing residences. The access to Regional Road 3 would continue to be shared with other residences. 11.3 The subject proposal does not result in an additional lot since the lands to be conveyed would be melded with CLOCA's land holdings. The proposed applications are consistent with all Provincial and Regional Policy, and should have no negative impact on surrounding lands or the valley system. 11.4 In addition, taxes for the subject property are paid in full. 12. CONCURRENCE — Not Applicable 13. CONCLUSION 13.1 In consideration of the comments contained in the report, Staff recommends that the application for Official Plan amendment and Zoning By-law amendment as contained in Attachments 3 and 4 respectively be approved. CONFORMITY WITH STRATEGIC PLAN The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: X Promoting economic development Maintaining financial stability Connecting Clarington Promoting green initiatives Investing in infrastructure Showcasing our community Not in conformity with Strategic Plan Staff Contact: Mitch Morawetz, Planner I 18-11 REPORT NO.: PSD-039-12 PAGE 7 Attachments: Attachment 1 - Key Map Attachment 2 - Subject Property and CLOCA Lands Attachment 3 - Official Plan Amendment and Adopting By-law Attachment 4 - Zoning By-law Amendment List of interested parties to be advised of Council's decision: Central Lake Ontario Conservation Jay Sweet 18-12 Proposed Retained Land Proposed Severed.Land Land Owned By CLOCA REGIONAL ROAD 3 Property Location Map (Darlington) Subject Site ZBA 2012-0009 Zoning By-law Amendment COPA 2012-0005 Clarington Official Plan Amendment Applicant: Central Lake Ontario 0 Conservation Authority ;U CD -0 0 Owner: Jay Armond Sweet and -0 Cn Kathryn Teresa Schoon 1P C) W 1P 3 (D :0 v 3 CD N N Attachment 3 To Report PSD-039-12 AMENDMENT NO. 87 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN PURPOSE: To amend the Municipality of Clarington Official Plan to permit a single detached dwelling on the subject property, municipally known as 2160 Regional Road 3, within the Enniskillen Hamlet. BASIS: This amendment is based on an application submitted by the Central Lake Ontario Conservation Authority of behalf of Jay Sweet and Kathryn Schoon to permit the establishment of a single detached dwelling within the Environmental Protection Area designation. ACTUAL AMENDMENT: The Clarington Official Plan is hereby amended by adding a new policy to Section 23.14 as follows: Notwithstanding any other provision of this Plan, a hamlet residential use may be permitted on lands designated Environmental Protection Area on lands in Part Lot 20, Concession 8, former Township of Darlington having a municipal address of 2160 Regional Road 3, Enniskillen. IMPLEMENTATION: The provisions set forth in the Municipality of Clarington Official Plan, regarding the implementation of the Plan, shall apply in regard to this Amendment. INTERPRETATION: The provisions set forth in the Municipality of Clarington Official Plan, regarding the interpretation of the Plan, shall apply in regard to this Amendment. 18-15 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO,2012- being a By-law to adopt Amendment No.87 to the Clarington Official Plan WHEREAS Section 17 (22) of the Planning Act R.S.O. 1990, as amended, authorizes the Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans and Amendments thereto; AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems It advisable to amend the Clarington Official Plan to permit the construction of a single detached dwelling on an existing lot of record in the hamlet of Enniskillen; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1, That Amendment No, 87 to the,Clarington Official Plan being the attached Explanatory Text is hereby adopted. 2. This By-law shall come into force and take effect•on the date of the passing hereof. BY-LAW passed in open session this_day of 2012. Adrian Foster,Mayor Patti L. Barrie, Municipal Clerk 18-16 Attachment 4 To Report PSD-039-12 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO.2012- being a By-law to amend By-law 84-63,the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended,of the Corporation of the Municipality of Clarington for ZBA 2012-0009; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "3" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Environmental Protection (EP) Zone" to "Residential Hamlet (RH) Zone" as illustrated on the attached Schedule "A" hereto. 2. Schedule"A"attached hereto shall form part of this By-law. 3• This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 24(2)and 34 of the Planning Act, BY-LAW passed in open session this day of 2012. Adrian Foster,Mayor Patti L. Barrie, Municipal Clerk 18-17 j Q This is Schedule "A" to By-law 2012- , passed this day of , 2012 A.D. i ' >a REGIONAL ROAD 3 ® Zoning Change From"EP"To"RH" ® Zoning To Remain"A" a ' Zoning To Remain"EP" QZoning To Remain"RH-3" Adrian Foster,Mayor Patti L.Barrie,Municipal Clerk I NFRegl'onF—a11F_Rd'3" _ � Regional Rd 3 Darlington z' enzo,z-000s ISCHEDULE1E 18-18 I •N M F. G All iading the Way CLERK'S DEPARTMENT To: Mayor Foster and Members of Council From: Anne Greentree, Deputy Clerk Date: November 9, 2012 Subject: GENERAL PURPOSE & ADMINISTRATION COMMITTEE MEETING AGENDA — NOVEMBER 12, 2012 — UPDATE Please be advised of the following amendments to the GPA agenda for the meeting to be held on Monday, November 12, 2012: 6. DELEGATIONS See attached Final List. (Attachment#1) A ne Greentree, eputy Clerk AG/jeg cc: F. Wu, Chief Administrative Officer Department Heads CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 Attachment #1 of Update Memo FINAL LIST OF DELEGATIONS GPA Meeting: November 12, 2012 (a) Bob Kreasul Regarding the Dredging of Bowmanville Creek (b) Andy Wiggers, Wiggers Custom Yachts, Regarding the Dredging of Bowmanville Creek (c) Phil King, President of Orlando Corporation Ltd., on behalf of Canadian Mosport Ventures Ltd., Regarding Report LGL-009-12, Canadian Mosport Ventures Limited, Development Charges Complaint, 3233 Concession Rd #10 HAN DOUTS /C I RCULATI ONS Application By: Doreen Wallraff To change the zoning on a recently severed farm parcel of land to prohibit new residential uses. Property Location Map(Darlington) F-1 N'E­N P.QA D N i� a + c� 0 MELDING = U N O O 0 WALLRAFF FARM =o Subject Area 41.2 Ha KOBES FARM Site Area 35.6 Ha z 0 Lu -rr Subject property ®Lands to be retained 100 m Buildings 0.78 Ha 5 r r ZBA 2012-0016 r r r Zoning By-law Amendment N Owner: Doreen Wallraff - s � .1 seesaw✓ 1 } { of F - y _ `vs +t t NOW n ZBA 2012-0016 Land Division 2012-087 N C PROPOSED ZONING BYLAW AMENDMENT DOREEN WALLRAFF HAS SUBMITTED AN APPLICATION TO AMEND THE ZONING BY-LAW TO CHANGE THE ZONING ON A RECENTLY SEVERED PARCEL OF LAND TO PROHIBIT RESIDENTIAL USES. FILE: ZBA 2012-0ni F MUNICIPALITY OF CLARCNGTON NOTICE OF For further information or to request PUBLIC MEETING A PUBLIC MEETING IN RESPECT TO HALL written notification, please contact the THE 20N SHALL SHALL BE E H HELD; DATE:MONDAY.NOVEMBER 12th.2D12 Wunicipality of Clarington Planning TIME:9:70 AM MUNICIPAL ADMINIST PLACE:COUNCIL CHAMBERS enrices Department at (9©5623-3379 40 TEMPERANCE STREETION CENTRE BBOO W MAN V ILL E.ONTARIO Property Location Map(Darlington) F-1 N'E­N P.QA D N i� a + c� 0 MELDING = U N O O 0 WALLRAFF FARM =o Subject Area 41.2 Ha KOBES FARM Site Area 35.6 Ha z 0 Lu -rr Subject property ®Lands to be retained 100 m Buildings 0.78 Ha 5 r r ZBA 2012-0016 r r r Zoning By-law Amendment N Owner: Doreen Wallraff Revenue Generated • tourist revenue from Port Darlington harbour, with the patrons of the boat ramp ( >2,000), over 50 charter boats, marina residents, marine tourists travelling along the North Shore • Estimate of cost to charter salmon boats over a season from May 1 to August 15 (117 days) are: • Cost to charter 1 boat $500 /day. For 50 boats , with 1 charter per day, this is $25,000 /day • For the season this is 25k x 117 = $2,925,00.00! • Fishing license $44.50 x 4 = $178.00 /day x 50 boats = $8900.00 /day x 117 days = $1,041,300.00 • There are also hotel and meals, gas for the fleet, souvenirs, etc. • Wiggers Custom Yachts is a World -Class boat builder, and stores >120 large boats, both power and sail over the fall winter season • Wiggers builds and repairs custom boats, and also has a top - quality canvas maker on site. 1K po rater e I. •. . • i k. �r.r7 4 erg F 0 _ _. __,r- �.��Y�� ►'�. .. _.�+m+��w w ..', r. Asir/° y�lli:'„!.�.�M�� r/Yr �iC .ur' r� �h"'f.., f I I Awk 6A�s - k f • - t ap t �0 win Yf 7 f tool ap t �._ . -� _ r� �� LIU L J A26 i n w �. CIL 1 ll;A I 72 s db- . .fir' � i�'�. • � NJ - -wr I ZL �� _jl��� ��� � ray^ .mot �1\ ate- �'`�_ �i'' ���,/ �i %f 1; Ow rr _ r - - ,:gam °'�` '_w►�3���" .tom: 0 Ow A- rIA .1p I