HomeMy WebLinkAbout2024-05-13Clar*wn
Planning and Development Committee
Post-MeetingAgenda
Date: May 13, 2024
Time: 5:00 p.m.
Location: Council Chambers or Microsoft Teams
Municipal Administrative Centre
40 Temperance Street, 2nd Floor
Bowmanville, Ontario
Inquiries and Accommodations: For inquiries about this agenda, or to make arrangements for
accessibility accommodations for persons attending, please contact: Lindsey Turcotte, Committee
Coordinator, at 905-623-3379, ext. 2106 or by email at Iurcotte@clarington.net.
Alternate Format: If this information is required in an alternate format, please contact the
Accessibility Coordinator, at 905-623-3379 ext. 2131.
AudioNideo Record: The Municipality of Clarington makes an audio and/or video record of
General Government Committee meetings. If you make a delegation or presentation at a General
Government Committee meeting, the Municipality will be recording you and will make the recording
public by on the Municipality's website, www.clarington.net/calendar
Cell Phones: Please ensure all cell phones, mobile and other electronic devices are turned off or
placed on non -audible mode during the meeting.
Copies of Reports are available at www.clarington.net/archive
The Revised Agenda will be published on Friday after 3.30 p.m. Late items added or a change to
an item will appear with a * beside them.
Planning and Development Committee Agenda
May 13, 2024
Pages
1. Call to Order
2. Land Acknowledgment Statement
3. Declaration of Interest
4. Announcements
5. Presentations/Delegations (10 Minute Time Limit)
5.1 Delegation by Ron Robinson, Regarding Report PDS-020-24 - General 4
Amendment to Zoning By-law 84-63 and 2005-109 Aggregate Extraction
Area Refinement
*5.2 Delegation by Rege Harren, Regarding Report PDS-020-24 - General 6
Amendment to Zoning By-laws 84-63 and 2005-109 Aggregate
Extraction Area Refinement
*5.3 Delegation by Rachelle Laroque, Partner, Registered Professional 10
Planner, The Biglieri Group, Regarding Report PDS-020-24 - General
Amendment to Zoning By-laws 84-63 and 2005-109 Aggregate
Extraction Area Refinement
*5.4 Delegation by Libby Racansky, Regarding Report PDS-020-24 - General 12
Amendment to Zoning By-laws 84-63 and 2005-109 Aggregate
Extraction Area Refinement
*5.5 Delegation by Wendy Bracken, Regarding Durham Region Report 2024- 18
WR-5 Durham York Energy Centre - Analysis of Ambient Air and
Emissions Monitoring to Identify Local Airshed Impacts
*5.6 Delegation by Linda Gasser, Regarding Proposal to Increase Durham 30
York Energy Centre Throughput to 160,000 Tonnes Per Year
6. Consent Agenda
6.1 PDS-015-24 - 2023 Building Permit Activity 45
6.2 PDS-017-24 - Revised Draft Provincial Planning Statement, 2024; 52
Overview and Comments
Page 2
Planning and Development Committee Agenda
May 13, 2024
6.3 PDS-018-24 - Intent to Pursue Heritage Designation for the Property: 127
68
Church Street North, Orono
6.4 PDS-020-24 - General Amendment to Zoning By-laws 84-63 and 2005-
84
109 — Aggregate Extraction Area Refinement
6.5 PDS-021-24 - Newtonville Estates Phase 2, Plan 40M-2458 Assumption
118
By-law
6.6 PDS-022-24 - An Application by Brookfield Residential to Amend Sign
123
By-law 2009-123 to Permit an Oversized Promotional Construction Sign
at 1350 Courtice Road
*6.7 Perfect Storm Report - Update - Memo-003-24
7.
Items for Separate Discussion
8.
Unfinished Business
9.
New Business
9.1 As of Right Zoning By-law Amendment (Councillor Traill)
130
10.
Public Meetings (6:30 p.m.)
11.
Confidential Items
11.1 LGS-022-24 - OLT Appeal, Lambs Road School Property Ltd.
(The matter deals with Section 239(2)(e) of the Municipal Act)
*11.2 Confidential Memo-001-24 - Perfect Storm Report Update
12. Adjournment
Page 3
From:
ClerksExternalEmail
To:
Turcotte. Lindsey
Subject:
FW: New Delegation Request from Robinson
Date:
Wednesday, May 8, 2024 10:16:09 AM
Attachments:
—WRD2989.ioa
From: no-reply@clarington.net <no-reply@clarington.net>
Sent: Tuesday, May 7, 2024 4:11 PM
To: ClerksExternalEmail <clerks@clarington.net>
Subject: New Delegation Request from Robinson
EXTERNAL
A new delegation request has been submitted online. Below are the
responses provided:
• Subject
Concerns regarding Notice of Upcoming Report PDS-020-24 to the
Planning and Development Committee
• Action requested of Council
Defer the report to provide sufficient time to review report adequately
being issued and to speak to the committee dependant on report
contents and recommendations from Staff.
• Date of meeting
5/13/2024
• Summarize your delegation
Having not seen the report before May 8th, speaking again on
previous recommendations. Concerned that the report has not
addressed comments presented at the last meeting and I have not
been contacted by Staff for further consultation since then.
• Have you been in contact with staff or a member of Council
regarding your matter of interest?
No
• Report number (if known)
ZBA2023-0013
• Will you be attending this meeting in person or online?
In person
Page 4
First name:
Ron
■ Single/Last name
Robinson
■ How to pronounce your name:
Ron Robinson
■ Address
■ Town/Hamlet
Lindsay
■ Postal code
■ Email address:
■ Phone number
■ Alternate phone number
■ Do you plan to submit correspondence related to this matter?
N❑
■ Do you plan to submit an electronic presentation (i.e.
PowerPoint)? If yes, the file must be submitted to the
Municipal Clerk's Department by 2 p.m. on the Friday prior to
the meeting date.
N❑
• I acknowledge that the Procedural By-law Permits 10 minutes
for delegations.
Yes
[This is an automated email notification -- please do not respond]
Page 5
From:
no- reply(cbclarinaton.net
To:
ClerksExternal Email
Subject:
New Delegation Request from Harren
Date:
Friday, May 10, 2024 9:50:55 AM
EXTERNAL
A new delegation request has been submitted online. Below are the
responses provided:
• Subject
Rezoning of PIT # 3397
• Action requested of Council
Approve rezoning as planned
• Date of meeting
5/13/2024
• Summarize your delegation
Support for the rezoning report
• Have you been in contact with staff or a member of Council
regarding your matter of interest?
Yes
• Name of the staff member or Councillor.
Lucy Pronk
• Will you be attending this meeting in person or online?
In person
• First name:
Rege
• Single/Last name
Harren
• How to pronounce your name:
Reg Harren
• Address
Page 6
• Town/Hamlet
Bowmanville
• Postal code
• Email address:
• Phone number
• Do you plan to submit correspondence related to this matter?
No
• Do you plan to submit an electronic presentation (i.e.
PowerPoint)? If yes, the file must be submitted to the
Municipal Clerk's Department by 2 p.m. on the Friday prior to
the meeting date.
Yes
• I acknowledge that the Procedural By-law Permits 10 minutes
for delegations.
Yes
[This is an automated email notification -- please do not respond]
Page 7
THE BETHESDA HOMEOWNERS ASSOC.
STRONGLY SUPPORT
THE REZONING OF PIT #3397
AS RECOMMENDED BY CLARINGTON PLANNING
AM
The Bethesda Neighbourhood
Soper Creek
Watershed
Rural Homes
Farmland & 0
Homes
Future 250
Homes
Subdivision
GO�uSo
00\� ISO
N
o�`es
-
cres T
Banquet Hall
t
n
7 --
IT #339 s
:Stephens
� Gulch CA
\Not to scaePageS A,
/Soper Creek
Bowmanville
<2km
From:
no- reply(cbclarinaton.net
To:
ClerksExternal Email
Subject:
New Delegation Request from Larocque
Date:
Friday, May 10, 2024 3:20:50 PM
EXTERNAL
A new delegation request has been submitted online. Below are the
responses provided:
• Subject
Aggregate Housekeeping Official Plan Amendment and Zoning By-law
Amendment
• Action requested of Council
Defer report indefinitely
• Date of meeting
5/13/2024
• Summarize your delegation
To request the following for the property located at 3061 Regional
Road 20: that the Extractive Industrial Official Plan overlay be
maintained and zoning be maintained as Aggregate Extraction (AE)
remain
• Have you been in contact with staff or a member of Council
regarding your matter of interest?
Yes
• Name of the staff member or Councillor.
Lucy Pronk
• Report number (if known)
ZBA2023-0013 Aggregate Report
• Will you be attending this meeting in person or online?
In person
• First name:
Rachelle
• Single/Last name
La rocq u e
Page 10
• How to pronounce your name:
Ra-shell La -rock
• Firm/Organization (if applicable)
The Biglieri Group
• Job title (if applicable)
Partner, Registered Professional Planner
• Address
• Town/Hamlet
Hamilton
• Postal code
• Email address:
• Phone number
• Do you plan to submit correspondence related to this matter?
Yes
• Do you plan to submit an electronic presentation (i.e.
PowerPoint)? If yes, the file must be submitted to the
Municipal Clerk's Department by 2 p.m. on the Friday prior to
the meeting date.
No
• I acknowledge that the Procedural By-law Permits 10 minutes
for delegations.
Yes
[This is an automated email notification -- please do not respond]
Page 11
From:
no- reply(cbclarinaton.net
To:
ClerksExternal Email
Subject:
New Delegation Request from Racansky
Date:
Friday, May 10, 2024 3:25:46 PM
EXTERNAL
A new delegation request has been submitted online. Below are the
responses provided:
• Subject
Gravel Pit
• Action requested of Council
Ask financial consideration from the owner for restoration of the land
around it.
• Date of meeting
5/13/2024
• Summarize your delegation
Gravel pit is located on same aquifer, around provincial wetlands,
cause more mosquitos, ticks, etc.
• Have you been in contact with staff or a member of Council
regarding your matter of interest?
Yes
• Name of the staff member or Councillor.
Lucy Pronk
• Report number (if known)
PDS-020-24
• Will you be attending this meeting in person or online?
Online
• First name:
Libby
• Single/Last name
Racansky
Page 12
Address
• Town/Hamlet
Courtice
• Postal code
. Email address:
. Phone number
• Do you plan to submit correspondence related to this matter?
No
• Do you plan to submit an electronic presentation (i.e.
PowerPoint)? If yes, the file must be submitted to the
Municipal Clerk's Department by 2 p.m. on the Friday prior to
the meeting date.
Yes
• I acknowledge that the Procedural By-law Permits 10 minutes
for delegations.
Yes
[This is an automated email notification -- please do not respond]
Page 13
3075 Maple Grove Pit
at groundwater recharge, within PSW and unconfined aquifer
at Courtice north
The purpose of the amendment, as it relates to Pit #3221, is to
update the zoning boundary in our zoning by-law to ensure it
accurately reflects the existing license boundary.
Page 14
We do not have newspaper to be informed about changes
• Was this pit's size confirmed by the MNRF?
The northern portion would be rezoned from Extractive
Industrial (M3) to Agricultural (A) and the southern portion
from Agricultural (A) to Extractive Industrial (M3)
aR,h N.:.w...,.,m
I
Normal Aquifer System
Local Aquifer Systems
a co.n- — R.d
Page 15
Request to Council: Other pits will have some greenery, but Maple
Grove pit. Shouldn't the A be changed into EP? It is part of the PSW
complex, groundwater recharge/discharge. It is located on the same
aquifer as the whole Complex is (from Oshawa/Courtice Townline to
the Green Road). What will happen at the gravel pit site, will reflect
everywhere else, especially in the urban boundary. You all know what
is happening there. No protection of anything, trees were removed,
wetlands and streams were covered up, wildlife killed by these actions.
With our high water table level and clay that is underlain under is
making our area wet and damp. Not healthy or safe area to live in.
Mosquitos, ticks, red ants, blackflies, etc. are plentiful. Can the Council
request the owner of this pit to mitigate by giving us some financial
contribution to CLOCA for restoring wetlands within the urban
boundary, please (Nowhere in current Provincial policies is stated that
it cannot be done, so far? Hopefully, Bill 158 and PPS will not be
approved.) Page 16
I would like to add big thank you to out Council that our watershed
received a new Parkin Hampton, after not receiving an inch of new
trail/park. Other suggested Parks/trails/playgrounds were not
accepted —this would introduce to our kids, future generation and to
our tourists our history, just like the Hampton new Park does.
Unfortunately, we would have to drive there to enjoy it. Other existing Park/trail — like
Millenium and waterfront trails are too dangerous to walk there. So, our community will
not be walkable, as per requirements. Removal of wetlands and woodlots will negatively
influence climate change anywhere, not just in Courtice or Ward 2. Please, help us in
any way you can. Thank you.
Solina Community Hall
,=-.! i strew view 8. 354
6 -
7m__wr-
e
Delegation to Clarington P & D
Committee
May 13, 2024
W. Bracken
Report #2024-WR-5
Durham York Energy Centre — Analysis of Ambient Air and
Emissions Monitoring to Identify Local Airshed Impacts
Page 18
Executive Summary
page 5
The hypothesis in the research assumed that if the DYEDYEC contributed emissions that impacted local
air quality., it would be observed in the change in air pollution concentrations between the upwind
ambient air monitoring data and the downwind ambient air monitoring data. The increases would
occur if the DYEDYEC were adding to the background concentrations of air pollutants. The analysis
leverages the long-term ambient air monitoring from the Courtice and bundle Road ambient air
monitoring sites and includes continuous emission monitoring concentrations from the DYEC.
The monitoring is conducted as part of the D E 's Ambient Ai-r Quality MonitoringP 1 cat] and Air
Emissions Monitoring Plan.
Page 19 2
Report:
research
or
established
science?
Dictionary
Definitions from Oxford Languages - Learn more
CD hy-poth-e-sis
1h i p THeses/
noun
a supposition or proposed explanation made on the basis of limited evidence as a starting point for
further investigation.
,professional astronomers attacked him for popularizing an unconfirmed hypothesis"
Similar-. theory theorem thesis conjecture supposition speculation
+ PHILOSOPHY
a proposition made as a basis for reasoning, without any assumption of its truth.
"the hypothesis that every event has a cause"
Page 20 3
Executive
Statement
Summary Concluding
is
nonsensical and unsupportable.
It can be concluded that the IC E C's
Air Emissions Monitoring
Plan effectively
controls
emissions so that it does not make any
significant contributions to
air pollution in
the local
airshed.
Page 21 4
Definition of Impact
Misleads, HighlyInappropriate;
Mp-t-hocinInav Fiinciamp-nt-al-Tv Flawed
DURHAM YORK ENERGY CENTRE
ANALYSIS OF AMBIENT AND EMISSION MON ITGRIN6 TO IDENTIFY LOCAL AIRSFiED IMPACT
July 17, 2Q23
1 STUDY 013JECTIVE
This study aims to detenr1 i n i f the Durham York Energy Centre (DYEQ emissions impact air
q uality in the loc al airs lied. An i rnpact i s defined in this study as a s (at ist 1 cal ly sign] fieant inc rease
in any air pollutant measured relative to the background concentrations. Statistically signi fi cant
increases would occur when concentration changes are outside of the natured variation in the
none taring data., i .e. it is due to an out side factor and not measurement error. Anabie nt air qua] i ty
measurements, such as those utilized in this work, quantify the Burn of local, regional, and
transbourldary sou reel o f natura I and anthropogen 1 e pal I ut ion. l n th i s report} we overcome regional
and t ransboundary source influences because -of the short distance between the upwind and
do rfl rend m onitonng locations; however, a have applied di ff`erent approaches to control for
other I oc al ern iss ion effects,
Page 22 5
Report contains errors
.2. WIND DIRECTioN ANALYSIS
Both Rundle Road and Courtice monitoring stations include measurements for wind direction and
speed on an hourly basis. Data between January 2016 and June 2022 were analyzed to identify the
frequency of upwind and downwind conditions for each monitor and crosswind conditions. Hourly
measurements were averaged to daily wind direction and speed measurements by converting speed
(m/s) and direction (degrees) into the component erector winds, which were then averaged (mean
value) for each day and back -transformed to wind direction and wind speed. Wind calculations
were conducted with the r ind package version 1.1.7 (Fernandez -Lopez and Schliep, 2019). Wind
information was calculated daily to align with the 24-hour air sampling period.
Figure 3.1 presents a map of the ambient air monitoring locations and their relative positions to
the DE. The piny line connecting the Courtice monitor to the Rundle road Monitor is 4°, with
north being 0', which means the l u road Monitor is directly downwind from the Courtice
monitor when the wind direction i 24° southwest wind); the Courtice Monitor is downwind
from the bundle road monitor when the wind is blowing from the north east 4'). Therefore,
measuring from the stack to each monitor in their downwind configuration would result in the
Page 23 6
A-1-4
More Erro-- RHAM YORK ENERGY CENTRE
ANALYSIS OF AMBIENT AND EMISSION MON ITORING TO IDENTIFY LOCAL AIRSHED IMPACT
hay 17, 2023
ouTtice monitor being direcOte
ownwind durin 43° inds and the Rundle Road being directly
downwind during winds fro For each wind observation, it was identified when the ourtice
monitor was downwind franack (43°) and when the Rundle Road rnonitor was downwind
from the stack (236°). We included +f- 22.5 degrees in the downwind direction to ensure sufficient
data. Observations that did not fall within either downwind classification were identified as
crosswind conditions.
7
Flawed Methodology
3.2 WIND DIRECTION ANALYSIS
Bo [h, R 41ndle bond and Court is a moiattoring sta (ions i nc lude rheas urements for wind direr Lion and
speed on an hourly basis. Data between January 2016 and June 2022 were analyzed to identify the
frequency o f npw i nd and downwind conditions for each monitor and crosses i nd cond it i ons. Hourly
1 easurenie lts were av eraged to dal. I v w I nd direction and speed rneasurernents by converting speed
(ems) are d direction (degrees) into the compone nt vector winds, whit h were t h erg averaged (i-nean
value) for each day ,and ha -&-transformed to wind direction and wind speed. Wind calculations
were cond uc ted w ith the r ind pa-ck-ale v ers ion 1.1. 7 (Fernandez- Lopez and Schl i ep, 2019). W i nd
i n forni n t i nn was ca I m it ated da 11 v try a1 i gn with the 24-1-iour a i r -�;xmnl i n g -neri nd.
Page 25 g
Flawed Methodology
3.3.1 Dl sc RETE MONITORING AMBIENT DATA ANALYSIS
The R O114itants measured w i th d i screte inoni tnri ng were quanti fled into mu ltiple chemical species
in the laboratory, which allows for ana I ysis -of the spec i fic components and the Burn o ftheir Fars.
The spec ies analyzed for each poll utant c I ass (PCD D IMF} PAH & TSP) are 1 fisted in Table 3. 1.
Each sample was a 24-hour integrated nleasurenient, and the concentrations were determined by
laboratory process ing f'ol low i ng sarnp I e coll ec tion
Daily wind direction data were assigned to each 24-he cif air pollution observation to identify
U per. i nd-down i nd relationships between the air i-non i tors and the D EC stark. Downwind
alignments are based on the relative position of the i-non i for to the emission stack. Concentration
data for each pollutant were separated into the following three conditions: (l) Rundle load
nieni for dow n ind (Court ice 1-nefl i ter upwind), (2) COUrtice monitor downwind (bundle load
nieni for upw i nd)} or (3) Cross i n d ndi tions neither monitor downwind.
Page 26 g
Regional Comparisons
Misleading
4.5 REGIONAL EMISSIONS
Reg -tonal emissions. will impact D Urharn and York Reg -Ions' ai rshed. Comparing the emission
quantities from the DYEDYEC with ICE Rl -reported rev anal emissions (N PR l Emissions ire 'Durharn
and York Regions) cnntextu alines the sc ale o f ernis lions. The emirs inns for eac h pollutant reported
by the DYEDYEC are compared against the regional outputs between 2015 and 202 1, provided in Table
4.5. The DYEDYEC a rnits 3.6 percent or less of Iota 1 reg i-onal ern iss i on for each po I 1 Litan t reported to
the NPRI. Ten reported pollutants represent less than one percent of regional emirs inns from the
LS E , Maps highlighting the percentage of regional emissions by location for each pollutant
1 i steel i n Tab le 4.5 are nv ai Inhle i n Appendix C.
Page 27 10
Comparison of Industrial Emissions
(Tonnes/Year) Within 20 kyn of both sites
Industrial Emissions
CO
NOx
PM
PM10
PM2.5
S02
VOC
Clarington Totals
4392.0
6089.0
700.0
511.0
214.0
8103.0
MEN=$
4525.0
E.Gwi[IimburyTotals
50.2
5.1
17.1
81.9
41.2
0.3
1131,3
This information is taken from Annex A, Report on Air Quality impacts,
Application of Short -List Evaluation Criteria from the Durham/York
Residual Waste EAR Studer (September, 0)
Page 28
Unsupportable
statement.
Misleading
statement..
Attachment wz,
page 5
Attachment 92 to report 42024-NNIZ-5
SLJMMAkY OF ANALYSIS OF AM BIENT #lam Eke! ISSION MONITORrN U -1.0 IDEN TIFY LOCAL A] [ASH LIB IMPAcT
Rd 17,
D EC'� an n Iu a] d io x in.q a rid fu I, kk n em is-s io m, are emitted by Canada' � largest emitter i n ]es�
than one day.
The DYEC emits 0. 63% o r d io xins a nd furans y early comps red to Canada's forest fires.
Page 29 12
Delegation to Clarington P & D Committee
re proposed DYEC throughput increase
from 140,000-160,000 tonnes per year
Linda Gasser
May 13, 2024.
Page 30
MECP's April 22nd letterto Durham and York Staff re throughput increase
to 160,000tpy. Dismissed Elevation Requests (incl. Clarington-s) &
Regions could proceed with throughput increase
• Recall the incinerator was said to be a 20 year disposal "solution".
• 3 years after commercial operations began in January 2016, Durham staff requested
Council's permission to request a throughput capacity increase in January 2019 via report
2019 COW-3 and Durham Council adopted Report 2019 WR-4 with an attached
"Technical Memorandum" on February 27, 2019.
• In 2019 COW-3, Durham staff had also requested permission to proceed with an
Environmental Assessment for a physical expansion to 250,000 tonnes per year.
• 3 public consultations between August & December 2019 but no study documents
available other than Screening Checklist & the Feb. 2019 WR-4 Tech. memorandum.
• Though requested, there was NO public consultation when the Environmental Screening
Report released December 2021— only a 60 day comment period ending Feb.18.22
• Clarington requested and was granted an extension to submit their comments &
elevation request, but general public were not.
Page 31
Durham and Clarington residents in the dark
about Minister's EA Screening decision
• In her April 22nd letter to Durham & York, Minister suggested posting
the attachment to the DYEC project website to inform public.
• As of writing of this presentation (May 10), the April 22nd letter NOT
yet posted. DYEC's throughput increase to 160K webpage link: https://www.durhamyorkwaste.ca/en/facility-approvals/increasing-capacity-to-
160000.aspx
• Other than those who submitted Elevation Requests in 2022, who
would have received a letter dismissing those, or readers of
Clarington's April 26th CIP or of the May 8th Works agenda, who would
know of MECP decision?
• Durham talks a lot about transparency but do not practice this when
it concerns their incinerator.
Page 32
S years since throughput increase request— a lot has
changed since then
• A lot has changed since 2019's Durham staff's request including to
programs proposed to reduce garbage.
• Effective July 1, 2024, enhanced green bin to allow material such as pet
waste (including cat litter), diapers and sanitary produces. According to DR
staff, could divert approx. 10,000 tonnes per year.
• Effective possibly by 2025, Durham will offer source separated organics
collection to muti-residential residents. An increasing share of new units in
Durham will be multi -residential.
• According to page 6 of Durham's 2022 Waste Management Annual Report
( most recent) "61 °o of households place a green bin out for curbside
collection .
• Durham offered green bin collection region wide since 2006. There's LOTS
of opportunities to increase green bin participation & capture of organics.
Page 33
That's shown Pages 28-30 Attach. 2, Report 2022-WR-1 Long Term Waste Plan:
"In summary, the waste profiles of single-family and multi -residential garbage are
quite similar, with the largest component of garbage consisting of food waste
(which was found in almost equal p roportionsfo r each sector).""
Figure 9: Single-family Garbage Composition (2018)
Bulky Ilemsl4lher
Fines!GrWCeramics_ 5%
4% Non -Acceptable Blue
ConsuuctialuQemoliliort Box Materials
B9io 2296
HSP & EEE
1%
Taxtiles
7% 67 ool
Acceptable Blue Box
Ma6erials
11% i
Leaf & Yard
Wastelother
<1 %
Sanmaryrrer uvasre
12%
Source: 2018 Waste Composition Study - Single-family
I Waste
4°6
Figure 10: Multi -residential Garbage Composition (2018)
FineslGritlCeramics
4,M
ConstruchoriM mal4ion
4%
HSP& EEE
1%
Textiles
4%
Acceptable Blue %x
Materials
16%
Leaf &
Wane(
I DA
Sar uaryrrot vvaarc
13%
Bulky Items+Other
4%
Non -Acceptable Blue
al s
Source; 2018 Waste Composition Study - Multi -residential
Waste
8%
Page 34 5
Requested Throughput increase=14.28%.
That means additional air pollution loading, higher GHGs, more
ash residues
• There is little incentive to focus on waste reduction, reuse and diversion If Durham just applies to
burn more!
• 2018 audit showed that for Single Family Homes, after Food waste and Sanitary/Pet waste which
could be diverted after July 1st, Accepted Blue Box material, Construction & Demolition waste
and textiles as largest categories in garbage.
• A real concern is that for both SFH & Multi -Res, there's 1% of Hazardous/Special Product & E-
Waste —a big problem when burning.
• Updated Audit info could help identify materials that COULD BE diverted to existing programs
AND those that SHOULD BE investigated for new programs.
• If Durham got serious about reducing waste and succeeded, and proceeded with capacity, then
York Region could use up the increase in capacity —they don't care, they don't live here.
• The more you burn, the more ash sent to landfills outside Durham. Incineration = burning AND
burying.
• In 20231 DYEC sent 25,087 tonnes of bottom ash sent to the US and 11,132 tonnes fly ash to
Thorold landfill in Ontario — DYEC exporting its problem waste.
Page 35
DYEC already Durham's largest corporate source of GHGs, even with
only non-biogenic emissions reported. Durham report 2021 A-3, Pig 7
Figure 2, shows impact on Durham Corporate GHGs since DYEC start up.
Figure 2 - Corporate GHG emissions inventory 2007-2019
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Page 36
NPR shows increasing non-biogenic reported emissions through to 2021
httas://climate-chan2e.canada.ca/facility-emissions/GFiGRP-G10805-
2022.htmI?GocTempIateCulture=en-CA&external=true
Annual Reported missions
Fad I lty Em lsslons (tonnes COZ eq ) by Year
85
„ 80
75
W
�-70
LL 65
60
55
2015 2016 2017 2018 2019 2020 2021
Year
Facility Emissions (tonnes CO2
eq ) by Year
Emissions
Year
]tonnes CO, eq]
2015
57 976
2016
76 404
2017
70 078
2018
72 494
2019
71 070
2020
82 655
2021
82 868
Page 37
Ontario Dataset: reported biogenic, non-biogenic & Total CO2e
https://data.ontario.ca/dataset/greenhouse-gas-emissions-reporting-by-facility/resource/0996bfd9-ed27-4f78-8ed1-
9e024185f10a/view/2546a05c-a38b-452c-8105-17d8c7215a00
v 0 Ontario Data Catalogue x +
F 4 c °4
Grid Graph Map
Ontario .._ -Year
data.cntaric.ca/datasetjgreenhause-gas-ern issions-reporting-by-facility/resource/D996bfd9-ed27-4f78-Bed 1-9e024185f10ajviewf2546a05c-aMb-452c-8ID5-17d8c7215aM
7 records <c 1 I -I 104 »
Facility __. Facility __. Facility __. Carbon dioxide (CO2) from non -biomass... Carbon dioxide (CO2) from biomass ... FMethane... TNitraus _._ 176tal CO2e from all sources .._
Reporb.._
Verificat._.
1178
2015
Covanta ...
Durham ...
562210
55459.25
58254.34
810.495
1614.17
116139
57884
57684
1178
2016
Cavanta _._
! Durham __.
'562210
72024.64
73A83.53
1056.1299
2088.563
1d8553
75t7D
75t70
1178
2017
Covanta ...
Durham ...
562210
66578.47
85538.79
1133.7354
2236.65
158488
69949
69949
1178
2018
Cavanta _._
! Durham __.
562210
69A46.19
8562A.92
1131.0222
2232.96t
158436
72811
72811
1178
2019
Covanta ...:Durham
...
562210
67555.7
88475.28
1354.7575
2159.606
159546
71071
71471
1178
2020
Cavanta _._
! Durham __.
562210
78959.81
96A41.506
1d24.9d75
2269.7766
179D97
82655
82655
1178
2021
Covanta ...:Durham
...
562210
79274.79
91675.51
1384.70...
2208.5674
174544
82869
82869
Page 38 9
W. Bracken & I delegated to Durham Council April 24t". Non-biogenic reported to N PRI
& Ontario higher than DYEC emissions reported in Durham Report 2024-COW 12
Data source: https://data.ontario.ca/dataset/greenhouse-gas-emissions-reporting-by-facility/resource/0996bfd9-ed27-4f78-8ed1-9e024185f10a/view/2546a05c-a38b-
452c-8105-17d8c7215a00
Year
Net Tonnes MSW
CO2 from NON -Biomass
C92 from Biomass
TOTAL CO2e from ALL
Sources
Reporting Amount
in,-- 2 apt)
2015
Coir77i2siorinL-
55.455,25
53.254.34
116,139
57,884
2016
_ IS,a 7
72,024.64
��,48�,53
149,653
75,170
2017
_.33, i 58
66,578.47
SS, 538, i 9
158,488
69,949
2018
140,775
69,446,19
85. v 2 4.92
159,436
72,811
2019
13 9, 271
67,555.7
88, 4 7 5, � 8
159,546
71,071
2020
.45,34_
78,959.81
95,441,505
179,097
82,655
2021
140,103
79,274.79
91. 575. 5 _
174,544
82,869
2022
140,552
N/A
2023
140,27"
N/A
Page 39 10
Require update of financial assumptions in Report 2019 COW-3, page 13/41
How much is Covanta fee per tonne in excess of 140,000 tpy?
Does Ontario power subsidyapplyto tonnage processed beyond 140K?
Current cost pertonneto landfill tonnage in excess of Durham's 110,000?
Footnotes:
1. Reduced Cevanta fee based on deduction of landfill charge and reduced processing fee for
tonnages beyond 14-0a000 tonnes processed (estimated at S35.45 per tonne in 2419, increasing to
an estimated $38.03 per tonne by 2023). It is assumed York Region uses its full 21.4 per cent
share of amended capacity.
2. Includes materials recovery facility residue tonnes; which are the cast responsibility of the MRF
contractor (approximate recovery of SO.3 million).
3. Landfill fees are assumed to escalate from $90.00 per tonne in 2019 to $98.21 per tonne in 2023.
4. Power revenues escalation es#imates are based on B per cent CPI per the IESO Pourer Purchase
Agreement, Conservatively, revenues for ferrous and non-ferrous metals recoveries are not
assumed to escalate.
Page 40 11
Five year old assumptions behind throughput
increase request must be revisited and updated
• At Durham Works Committee on May 8t", I asked that BEFORE
PROCEEDING with throughput increase, Durham should review the NEED
for and the impacts of additional air pollution loading, increased GHGs.
• EQT Infrastructure, a Swedish private equity firm bought Covanta in 2021.
Durham/York must confirm whether or not the financial assumptions in
Report 2019-COW 3 still hold. http,://www.wastetodaymagazine.com/news/eqt-acquires-covanta/
• In 2019 it was unclear whether or not Durham/York would get the power
subsidy for waste in excess of 140,OOOtonnes per year. Must confirm.
• The public has not seen communications between the MECP and
Durham/York over the course of the last two years, especially around the
Air Quality Impact Assessment around which there were serious concerns.
Page 41
Recommend that Clarington Pass a Motion asking
Durham Council to produce an Update Report
before proceeding with throughput increase
• Durham made commitments in the Host Community Agreement, which Wendy
Bracken will address in her delegations.
• As the DYEC host community, I ask Clarington to consider passing a motion asking
Durham Council to request an UPDATE report regarding the throughput increase
that includes:
• Revisiting 2019 assumptions about NEED for the increase given recently proposed
programs to capture additional organics from the garbage (expanded green bin)
the offering SSO to multi -residential units and given Durham's recent
commitmentsto Waste Reduction as per 2022 Durham's Long Term Waste Plan.
• An updated summary potential environmental/ecological using most recent data.
• The opinion of Durham's Medical Officer of Health on potential health impacts of
capacity increase, And...
Page 42
Requested Update Report should also
include:
• Identification of ALL costs associated with capacity increase including
required ECA study costs etc.
• Includes/attaches documents/comments TO/FROM Durham/York and
the MECP since the Dec. 2021 Env. Screening Report
• Demonstrates HOW the concerns/comments submitted by Clarington
& the public were addressed in the EA Screening and/or how these
would be addressed in the ECA.
• Evaluation of Monitoring Programs that meet commitments in
Business Cases and Host Community Agreement.
• And...
Page 43
In this motion Clarington should also request:
• Cannot evaluate airshed impacts without knowing what's coming out of stack.
• That Durham provides full AMESA data from 2015 onward including all underlying reports/data
and that these be included in future quarterly AMESA reports.
• That IF Durham proceeds to apply for the Environmental Compliance Approval (ECA) Amendment,
that Durham Council direct staff that even if exempt from the requirement to post on the
Environmental Registry (ERO) that Durham agrees and requests that ECA application(s) &
supporting documents would be posted to ERO.
• That Durham commit to promptly posting ECA applications/study documents to the DYEC project
website.
• Durham POSTS the attachment to Minister's April 22nd letter to them, as had been requested b
the Minister, on DYEC website immediately to inform public and update DYEC we pages.
• IN ADDITION: Clarington should write to the MECP requesting that if Durham proceeds with ECA
application(s) that Clarington requests that ECA application/supporting documents be posted to
the Environmental Registry (ERO).
• THANK YOU — QUESTIONS?
Page 44
Clarftwn
Staff Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: Planning and Development Committee
Date of Meeting: May 13, 2024 Report Number: PDS-015-24
Submitted By: Carlos Salazar, Deputy CAO, Planning and Infrastructure Services
Reviewed By: Trevor Pinn, Deputy CAO/Treasurer, Finance and Technology
Authored by: Brent Rice, Chief Building Official Resolution #:
File Number: By-law #:
Report Subject: 2023 Building Permit Activity
Recommendation:
1. That Report PDS-015-24, and any related delegations or communication items, be
received for information.
Page 45
Municipality of Clarington
Report PDS-015-24
Report Overview
Page 2
This report provides an update on the 2023 building permit activity and reports on the
Building Division's compliance with the Ontario Building Code mandated timeframes for
issuance of building permits. 2023 was a record year with a total construction value of
permits of $478,991,245, compared to a total construction value of $289,518,259 in 2022
and $310,463,718 in 2021.
1. Background
1.1 The building permit activity report presents market activity statistics that are intended to
provide a clear picture of development activity within Clarington from January 1 st to
December 31 st, 2023.
1.2 Construction Value
Clarington set new records for the total construction value of building permits issued and
for the value of Institutional permits issued. The following graphs provide the total
construction value by category and the percentage value by category.
TOTAL CONSTRUCTION VALUE BY CATEGORY
$350,000,000 $330,391,330
$300,000,000
$250,000,000
$200,000,000
$150,000,000
$100,000,000
$62,166,088
$50,000,000
$0
Residential Industrial
$4,256,100 $9,468,776
Government Commercial
Page 46
$62,675,762
Institutional
$10, 033,189
Agricultural
Municipality of Clarington
Report PDS-015-24
TOTAL CONSTRUCTION VALUE % BY CATEGORY
Residential
69%
Arial
D/Q
Government
1%
Commercial
2%
istitutional
13%
Itural
Page 3
1.3 The residential construction value in 2023 was the highest it has been since 2018.
Residential construction value includes the cost of construction for all permit activity for
the creation of all new residential dwelling units as well as accessory structures
(detached garages, sheds, etc.), and additions (decks, new additions to a home, etc.).
1.4 The construction value for new residential units was also the highest it has been since
2018 at $312,350,952.
1.5 New Residential Unit Construction
The creation of new residential units is occurring throughout the Municipality with the
majority located in Bowmanville and Newcastle. The following is a table showing the
number of new residential units issued in each area of Clarington over the past ten
years.
Page 47
Municipality of Clarington
Report PDS-015-24
Page 4
YEAR:
AREA
2023
2022
2021
2020
2019
2018
2017
2016
2015
2014
BOWMANVILLE
503
84
410
799
183
723
589
521
461
419
BROWNSVILLE
0
0
0
0
0
0
0
0
0
0
BURKETON
0
0
0
0
0
0
0
0
0
1
CLARKE
11
8
8
6
6
6
11
16
13
12
COURTICE
23
723
88
32
12
14
112
292
291
154
DARLINGTON
11
14
13
10
10
12
13
7
7
9
ENNISKILLEN
0
0
0
1
4
3
15
3
1
1
HAMPTON
0
5
4
0
1
0
2
1
2
2
LESKARD
0
0
0
0
0
0
0
0
0
0
MAPLE GROVE
0
0
0
0
0
0
0
0
0
0
Mitchell Corners
2
0
0
0
0
0
2
0
0
0
NEWCASTLE
244
70
53
168
67
42
227
147
152
51
NEWTONVILLE
3
9
10
3
3
5
0
3
3
3
ORONO
0
0
4
0
1
1
0
0
0
0
SOLINA
2
0
1
1
0
2
2
2
0
0
TYRONE
1
0
1
0
0
1
0
0
0
0
WILMOT CREEK
0
0
0
0
0
0
0
0
0
4
TOTALS
800
913
592
1,020
287
809
973
992
930
656
Municipality of Clarington Page 5
Report PDS-015-24
Figure 1 - Photo of the Treasure Hill Residential site in Newcastle
1.6 Inspection Activity
The Ontario Building Code prescribes when the Chief Building Official must be notified
that a phase of construction is ready for inspection and then requires that the
municipality complete the required inspection within two business days of the
notification of readiness for inspection.
1.7 In 2023 the Building Division completed 13,627 building, plumbing, and heating and
pool enclosure inspections.
Page 49
Municipality of Clarington
Report PDS-015-24
Figure 2 - Photo of the Mondria Condominium project in Courtice
2. Mandated Response Timeframes
Page 6
2.1 The Ontario Building Code mandates that complete building permit applications shall be
issued or the applicant shall be notified that the permit is being refused and provided
with the reasons why it is refused within a prescribed time period based on the type of
building. From January 1st to December 31St, 833 applications were received and 638,
or 77%, of them were complete applications.
2.2 "Complete Building Permit Application" — is a building permit application that meets the
requirements of the Ontario Building Code which requires all of the required information,
plans, specifications, documentation, fees, and is in compliance with all applicable law.
2.3 The following table reports on the median number of days it took for the Building
Division to either issue the permit or notify the applicant why the application was being
refused.
Page 50
Municipality of Clarington
Report PDS-015-24
Page 7
Permit Type
Mandated Timeframe
Median Number of Days
Residential
10
11
Small Buildings
15
15
Large Buildings
20
20.5
Complex Buildings
30
21.5
2.4 The response times for residential permit applications was reduced from fourteen days
in 2022 to eleven days in 2023.
3. Financial Considerations
Not Applicable.
4. Strategic Plan
Not Applicable.
5. Concurrence
Not Applicable.
6. Conclusion
It is respectfully recommended that Council receive this report.
Staff Contact: Brent Rice, Chief Building Official, 905-623-3379 ext. 2303 or
brice@clarington.net.
Attachments:
Not Applicable
Interested Parties:
There are no interested parties to be notified of Council's decision.
Page 51
Clarftwn
Staff Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: Planning and Development Committee
Date of Meeting: May 13, 2024 Report Number: PDS-017-24
Submitted By: Carlos Salazar, Deputy CAO, Planning and Infrastructure Services
Reviewed By: Trevor Pinn, Deputy CAO/Treasurer Resolution #:
Authored by: Sarah Allin, Principal Planner, Planning and Infrastructure Services
File Number: PLN 1.1.5.5 By-law #:
Report Subject: Revised Draft Provincial Planning Statement, 2024; Overview and
Comments
Recommendation:
1. That Report PDS-017-24, and any related delegations or communication items, be
received for information;
2. That Report PDS-017-24 be adopted as the Municipality of Clarington's comments to
the Province on the revised draft Provincial Planning Statement, 2024 (ERO Posting
019-8462);
3. That a copy of Report PDS-017-24 and Council's decision be sent to the Ministry of
Municipal Affairs and Housing, Ministry of Red Tape Reduction, the Region of Durham,
conservation authorities, and the other Durham Region area municipalities; and
4. That all interested parties listed in Report PDS-017-24 and any delegations be advised
of Council's direction.
Page 52
Municipality of Clarington Page 2
Report PDS-017-24
Report Overview
On April 10, 2024, the Province released an updated draft of a new Provincial Planning
Statement (PPS, 2024). This release comes one year after the first draft of the new PPS was
issued for comment, in conjunction with the suite of legislative changes introduced through
the Cutting Red Tape to Build More Homes Act (Bill 185) and follows many previous rounds
of legislation introduced by the Government over the last three years.
With this draft PPS, 2024, the Province is proposing to eliminate the Growth Plan and the
existing Provincial Policy Statement, 2020. It is noted, there are no changes proposed to the
Greenbelt Plan and Oak Ridges Moraine Conservation Plan, which will continue to apply.
Although there have been improvements to the draft PPS, 2024 over the initial draft released
in 2023, staff continues to have concerns related to:
Eliminating the Growth Plan and the two decades' worth of detailed and consistent
growth management and protection of valuable land and resources across the
Greater Golden Horseshoe;
Eliminating the municipal comprehensive review for settlement area boundary
expansions and removal of employment lands that is critical to municipalities' ability to
plan for and finance growth in an environmentally, socially, and fiscally responsible
way; and
• The continuous changes to the provincial planning framework over the last several
years, which have diverted resources away from achieving housing objectives.
The deadline to submit comments to the Province is May 12, 2024. In order to meet the 30-
day commenting deadline, staff submitted draft Municipal comments on May 10, subject to
Council ratification/modification.
The purpose of this report is to (i) summarize the Province's changes put forward through
the new draft Provincial Planning Statement 2024, and (ii) present staff's comments on the
proposed changes.
Comments on the Cutting Red Tape to Build More Homes Act (Bill 185), which was also
released for consultation on April 10, 2024, were presented to General Government
Committee on May 6, 2024 (see FSD-024-24).
1. Background
1.1 In April 2023, the Province introduced a proposed new Provincial Planning Statement,
2023 (PPS, 2023), proposing to integrate the existing Provincial Policy Statement, 2020
(referred to as the PPS, 2020) and A Place to Grow — Growth Plan for the Greater
Golden Horseshoe, 2020 (Growth Plan) into a single province -wide document.
1.2 On June 27, 2023, comments on the proposed PPS, 2023 were presented to Council
and endorsed through Report PDS-037-23. Staff raised concerns about the following
significant changes proposed through the draft PPS, 2023:
Page 53
Municipality of Clarington
Report PDS-017-24
Page 3
• Elimination of the Municipal Comprehensive Review (MCR) process and
associated controls on settlement area expansions and employment land
conversions;
• Allowance of residential lot creation in rural and agricultural areas;
• Removal of "affordable" and "low- and moderate -income households" definitions;
• Absence of natural heritage policies; and
• Scope of cultural heritage resources to be conserved (only those designated
under the Ontario Heritage Act).
1.3 One year later, on April 10, 2024, the Ministry of Municipal Affairs and Housing released
a new PPS (PPS, 2024) for consultation, which is said to be responsive to feedback
received in 2023.
1.4 The Government continues to propose to eliminate and replace the Growth Plan and
the existing Provincial Policy Statement, 2020 to create one, province -wide document.
This represents a drastic change to Ontario's land use planning framework after almost
two decades of provincially prescribed population and employment forecasts,
intensification targets, and greenfield density requirements. This fundamentally changes
how municipalities will plan for growth.
1.5 Over the last three years, there have been no fewer than ten bills brought forward by
the Province related to matters of land use planning, development and municipal
regulatory powers. The following past staff reports are of particular relevance to the
matters outlined in this report:
• June 3, 2019, Planning and Development Committee, PSD-027-19 More Homes
More Choices Act, 2019 (Bill 108);
• December 5, 2022, Planning and Development Committee, PDS-051-22 More
Homes for Everyone Act, 2022 (Bill 109);
• December 5, 2022, Planning and Development Committee, PDS-054-22 More
Homes Built Faster Act, 2022 (Bill 23); and
• June 27, 2023, Planning and Development Committee, PDS-037-23 Helping
Homebuyers, Protecting Tenants Act, 2023 (Bill 97) and Proposed Provincial
Plannina Statement. 2023
1.6 The following sections (i) summarize the key changes between the newly proposed
PPS, 2024 and the version released for consultation in 2023 that are most applicable to
Clarington, and (iii) outlines staff's comments to the Province for Council's
consideration.
Page 54
Municipality of Clarington Page 4
Report PDS-017-24
2. Proposed Provincial Planning Statement, 2024
Generally, proposes relatively minor changes from the draft PPS,2023
2.1 The revised draft PPS, 2024 proposes relatively minor changes from the draft proposed
in 2023, carrying forward much of what was originally proposed, including:
(i) eliminating the MCR process
(ii) allowing for settlement area boundary expansions and employment land
conversions at any time
(iii) changing to how employment areas are defined, planned for, and protected
(iv) removing mandatory density and intensification targets, with the exception of
Protected Major Transit Stations
(v) narrowing the scope of cultural heritage resources to be protected
(vi) maintaining the applicability and protections of the Greenbelt Plan and Oak
Ridges Moraine Conservation Plan in recognition of these geographically specific
and environmentally sensitive areas.
General Comments
2.2 Staff recognizes the critical need to address the housing situation in Ontario and
supports the Province's efforts to address housing supply and affordability and
appreciates the opportunity to continue working collaboratively.
2.3 Staff also appreciates the updates the Province has made to the draft PPS, 2024 in
consideration of feedback received from municipalities, stakeholders, and the public on
the 2023 version of the document, including but not limited to (i) removing policies that
would provide for the fragmentation of agricultural areas through residential lot creation,
and (ii) adding a requirement to demonstrate need when considering settlement area
boundary expansions and employment land removals.
2.4 However, many of staff's comments on the draft PPS, 2023 continue to apply to the
draft PPS, 2024, and significant concerns remain in particular relating to the impacts of
the elimination of the Growth Plan, and the comprehensive review process for
alterations/expansions of settlement area boundaries and employment land removals.
Attachment 1 provides a summary of comments on draft PPS, 2023 submitted to the
Province in 2023.
2.5 The Province is requested to reconsider Clarington's comments on draft PPS,
2023 that continue to remain applicable (Attachment 1)
Amends growth forecast and time horizon policies
2.6 Currently, municipalities like Clarington that are subject to the Growth Plan, plan for
population and employment based on forecasts issued by the Province under the
Growth Plan to upper -tier or regional municipalities (in Clarington's case, Durham
Page 55
Municipality of Clarington Page 5
Report PDS-017-24
Region). The population and employment forecasts are then distributed to local
municipalities through regional Official Plan updates (municipal comprehensive review).
2.7 Going forward, municipalities will be required to base population forecasts on the
Ministry of Finance's 25-year projections, the details of which would be forthcoming.
Municipalities would be required to designate enough land for at least 20 years, but not
more than 30 years. The policy notes that planning for infrastructure, public service
facilities, strategic growth areas and employment areas may extend beyond this time
horizon.
2.8 As the current 2051 population and employment forecasts in the Growth Plan have
recently been implemented in most regional and single -tier municipalities, the draft PPS,
2024 provides that municipalities may continue to use the 2051 Growth Plan forecasts
allocated to them for the purpose of land use planning until more current forecasts to
2051 become available.
2.9 The shift away from the consistent and prescribed growth management planning under
the Growth Plan fundamentally changes the way in which municipalities in the Greater
Golden Horseshoe will plan for and manage growth. The ability to use, rather than
abandon, the substantial forecasting and technical work municipalities have completed
over the last several years to implement the Province's existing Growth Plan forecasts
to 2051 is appreciated. However, some of this work may need to be revisited for
consistency with the requirement to meet projected needs over the modified horizon.
2.10 The Province is requested to provide additional details about the Ministry of
Finance's population projections, when they might become available, and how
such forecasting will (i) impact in -process official plan updates using Growth
Plan forecasts and (ii) support planning for employment and associated land
needs.
Maintains general relaxation of Settlement Area Boundary and Expansion conditions
introduced in draft PPS, 2023
2.11 The draft PPS, 2024 continues to provide that a planning authority can identify a new
settlement area or allow a settlement area boundary expansion at any time, without a
comprehensive review.
2.12 The criteria planning authorities shall consider for identifying a new settlement area or
allowing a settlement area boundary expansion has been expanded in the proposed
PPS, 2024 compared to the PPS, 2023 and includes consideration of the following:
the need to designate and plan for additional land to accommodate an appropriate
range and mix of land uses;
if there is sufficient capacity in existing or planned infrastructure and public service
facilities;
• whether the applicable lands comprise specialty crop areas;
Page 56
Municipality of Clarington
Report PDS-017-24
Page 6
• the evaluation of alternative locations which avoid prime agricultural areas and,
where avoidance is not possible, consider reasonable alternatives on lower priority
agricultural lands in prime agricultural areas;
• whether the new or expanded settlement area complies with the minimum distance
separation formulae;
• whether impacts on the agricultural system are avoided, or where avoidance is not
possible, minimized and mitigated to the extent feasible as determined through an
agricultural impact assessment or equivalent analysis, based on provincial guidance;
and
• the new or expanded settlement area provides for the phased progression of urban
development.
2.13 It is notable that Bill 185 introduces new appeal rights for applicants on municipal
decisions for alterations to settlement area boundaries. Currently, decisions on such
applications are not subject to appeal. This is contrary to other legislative changes
proposed under Bill 185 that would remove third party (e.g. members of the public)
appeal rights for official plans official plan amendments, zoning by-laws, and zoning by-
law amendments.
2.14 Staff appreciates the expanded criteria in the draft PPS, 2024 over the 2023 draft that
requires planning authorities to consider whether additional land within the settlement
area is needed. However, staff recommends that the test for meeting the criteria be
strengthened from `shall consider' to `shall demonstrate'. Further, municipalities should
have ability to establish additional criteria to be considered, as appropriate.
2.15 The Province is requested to revise policy 2.3.2.1 to strengthen the language to
"require demonstration of the following:" when considering new settlement areas
or settlement area boundary expansions.
2.16 The Province is requested to add the following criteria to policy 2.3.2.1: `Any
other criteria deemed appropriate by the municipality, if the official plan contains
policies establishing such criteria'.
2.17 The Province is requested to add a policy to subsection 2.3.2.1 of the proposed
PPS, 2024 that requires demonstration that the proposed new settlement area or
settlement area boundary expansion will not adversely impact the ability to
implement the municipality's minimum density and intensification targets, where
such targets are established through the official plan.
2.18 Staff continues to be concerned about policies that allow for settlement area boundary
expansions outside of a comprehensive review of the official plan where all requests
can be considered collectively (i) relative to other housing and complete community
objectives (e.g. transit supportive densities and intensification), and (ii) in coordination
with necessary and available infrastructure. Clarity is needed as to how municipalities
are to assess the need for additional lands if such a request is being processed in
Page 57
Municipality of Clarington
Report PDS-017-24
Page 7
isolation of the big picture and when other lands remain available for development
within the settlement area boundary.
2.19 These proposed policies, in conjunction with the proposed changes to the Planning Act
under Bill 185 providing for landowners to appeal private settlement area boundary
applications for lack of decision or refusal, will put pressure on local councils and make
it more challenging for municipalities to maintain comprehensively planned boundaries.
2.20 The Province is requested to revise the draft PPS, 2024 to maintain the concept of
a comprehensive review and associated controls on the identification of new
settlement areas, or settlement area boundary expansions, to allow them only to
be considered at the time of a comprehensive review.
Redefines Strategic Growth Areas, modifies definitions and terminology, and removes
requirement to assign minimum density targets
2.21 The concept of identifying Strategic Growth Areas (SGA) is carried over from the
Growth Plan. However, the definition of SGA has been changed to remove Urban
Growth Centres, a type of SGA under the Growth Plan. The definition now more
generally addresses areas where compact growth and mixed -use intensification should
be directed (such as Major Transit Station Areas, transit corridors), and now includes
additional areas such as existing and emerging downtowns, and underutilized shopping
malls and plazas.
2.22 Draft PPS, 2024 no longer requires large and fast-growing municipalities like Clarington
to assign minimum densities for each SGA, as was proposed by the draft PPS, 2023.
2.23 The removal of the requirement for established minimum density targets in large and
fast-growing municipalities may provide municipalities more flexibility to create policies
that provide for locally appropriate development, recognizing that a PPS that applies
across many diverse communities should not be one size fits all. However, the general
inclusion of existing and emerging downs in the definition of SGA will place more
responsibility on municipalities to ensure that development within historic downtowns
continues to be locally appropriate in form and scale.
2.24 The Province is requested to revise Policy 2.4.1 b) to add `locally' to clarify that
`planning authorities should identify the locally appropriate type and scale of
development in strategic growth areas and the transition of built form to adjacent
areas' to recognize and celebrate the differences between communities within the
Province.
Direction for intensification and densities is less prescriptive and more ambiguous
2.25 The draft 2024 PPS, encourages rather than requires planning authorities to establish
intensification and redevelopment targets based on local conditions in `built-up' areas
but has not carried forward the 2006 "built boundary" established by the Growth Plan.
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Municipality of Clarington Page 8
Report PDS-017-24
2.26 Similarly, the draft PPS, 2024 encourages, but does not require, planning authorities to
establish minimum density targets in "designated growth areas", which are vaguely
defined as lands within settlement areas that have not been fully developed. As a large
and fast-growing municipality, Clarington is encouraged to plan for a target of 50
residents and jobs per gross hectare. This is the current prescribed target for greenfield
lands under the Growth Plan.
2.27 Staff notes the policies of the draft PPS, 2024 represent the minimum standard. It will
continue to be important for Clarington to establish intensification and redevelopment
targets based on local conditions in order to comprehensively plan for forecasted
growth, appropriately identify land needs, use resources efficiently, protect natural
heritage systems, and prevent the premature and permanent loss of vital agricultural
lands.
2.28 Draft PPS, 2024 includes a policy directing municipalities to establish and implement
phasing policies, where appropriate, to ensure that development within designated
growth areas is orderly and aligns with the timely provision of the infrastructure and
public service facilities, similar to the PPS, 2020.
Continues to change how employment areas are defined, planned for, and protected
over the long term
2.29 The draft PPS, 2024 is consistent with the new definition of "employment area", as
proposed in the PPS, 2023 and implemented in the Planning Act (through Bill 97), which
narrows permitted uses in employment areas to industrial, manufacturing and
warehousing.
2.30 The narrowing of the employment area definition resulting in the removal of certain
types of uses currently considered employment (e.g. major offices) will have impacts on
the land needs assessment calculations that were undertaken to identify the area of
employment required to achieve the job forecasts established by the Growth Plan to
2051.
2.31 It is noted that Clarington's designated employment areas are strategically located
along major goods movement and transportation corridors, away from sensitive (e.g.
residential) uses. In cases where these employment areas have been partially
developed with uses that no longer meet the new definition, it will be more challenging
to protect these strategically located lands for industrial uses, as they will become
vulnerable to the pressure to accommodate residential development, above all.
2.32 Resources will be required in the short term to undertake an exercise to determine
which of our existing designated employment areas would continue to meet the
narrowed definition of Employment Area, and those which would no longer be protected
from removal. Amendments to the Clarington Official Plan may be required to provide
for a wider range of mixed uses, including residential, in those areas that would no
longer qualify as Employment Areas.
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Municipality of Clarington
Report PDS-017-24
Page 9
2.33 The Province is requested to provide transition provisions that allow
municipalities time to reconcile the impacts of these changes and revise
community and employment land needs accordingly, prior to these changes
coming into effect and placing vital, strategically located employment areas at
risk of removal.
2.34 The draft PPS, 2024 would allow employment land conversions (now referred to as
employment land removals) at any time, similar to those in the draft PPS, 2023
2.35 The municipal designation of certain lands as employment area through the
comprehensive review process is the demonstration that the lands are needed for
employment uses over the long term. Clarity is requested as to how the criteria for
removal requiring demonstration that the lands are not needed for employment is to be
met in the context of an isolated, site -specific application for removal.
2.36 The Province is requested to carry forward the requirement from PPS, 2020 that
employment land removals are to be considered only at the time of a
comprehensive review of the municipality's official plan.
Adds language that enables municipalities to allocate and re -allocate water and sewage
services
2.37 The draft PPS, 2024 introduces that municipalities may consider opportunities to
allocate and re -allocate, if necessary, unused municipal water and sewage services to
meet current and projected needs for increased housing supply.
2.38 This new language aligns with the "use it or lose it" tools proposed through Bill 185,
which authorize municipalities to allocate and re -allocate servicing capacity.
2.39 Currently, servicing allocation for Clarington is managed by Durham Region.
Requires municipalities to undertake watershed planning
2.40 Mandates that large and fast-growing municipalities, such as Clarington, undertake
watershed planning to inform planning for sewage and water services and stormwater
management.
2.41 The policies specify that "where planning is conducted by an upper -tier municipality that
includes one or more lower -tier large and fast-growing municipalities, the upper -tier
municipality shall undertake watershed planning in partnership with lower -tier
municipalities". Collaboration with conservation authorities is encouraged.
2.42 Durham Region is identified as an upper -tier municipality whose planning
responsibilities will be removed at a later date to be proclaimed by the Lieutenant
Governor. Provincial documents have stated the proclaimed date is expected towards
the end of 2024. Should this occur, the responsibility for watershed planning would be
transferred to Clarington.
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Municipality of Clarington Page 10
Report PDS-017-24
2.43 Currently, Clarington undertakes watershed planning for stormwater management as
part of our secondary plan work. However, Planning and Infrastructure Services does
not have sufficient in-house resources necessary to undertake watershed planning for
sewer and water services, which is infrastructure managed by Durham Region. Further,
watershed areas often extend beyond local municipal boundaries, whereas
conservation authorities are watershed -based resource management agencies with
relevant in-house expertise.
2.44 Staff supports the addition of policies related to watershed planning to the draft PPS,
2024. The Province is requested to provide clarity relating to the roles of upper -
tier municipalities without planning responsibilities and conservation authorities
in watershed planning, particularly in cases where the upper -tier municipality
continues to manage infrastructure.
Includes the natural heritage policies
2.45 Natural heritage policies, which were notably missing from the draft PPS, 2023, are
included in Section 4.1 of the draft 2024 PPS. These policies are taken directly from the
2020 PPS.
Agricultural area lot creation policies modified to more closely align with existing
permissions; flexibility added to support additional residential units
2.46 The draft PPS, 2024 would require municipalities to permit up to two additional
residential units in prime agricultural areas where a residential dwelling associated with
an agricultural operation is permitted, subject to certain conditions relating to wells and
septic systems, compatibility with surrounding agricultural operations, scale, and public
health and safety. Such additional residential units would have to be located within,
attached to, or in close proximity to the principal dwelling or farm building cluster.
2.47 Staff supports the revisions to the draft PPS, 2024 that remove the draft policies in the
2023 version that would have provided for lot creation in agriculture areas. The
Province is requested to clarify in the draft PPS, 2024 that additional residential
units within agricultural areas shall not be permitted to be severed at any time.
2.48 It is noted that in Clarington, the draft PPS, 2024 policies would impact lands within the
whitebelt. The more detailed, geographically specific policies for agricultural and rural
lands within the Greenbelt Plan and Oak Ridges Moraine Plan areas would continue to
apply.
Existing Greenbelt Plan protections are maintained
2.49 Provincial plans are to be read in conjunction with the PPS, 2024 and take precedence
over the policies of the PPS, 2024 to the extent of any conflict. The Province is
proposing an administrative and house -keeping amendment to the Greenbelt Plan to
ensure the policies in the existing Greenbelt Plan remain in effect should the PPS, 2020
and the Growth Plan be revoked.
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Municipality of Clarington Page 11
Report PDS-017-24
2.50 Staff strongly supports the continued applicability of the existing Greenbelt Plan
and Oak Ridges Moraine Conservation Plan. Staff does not support any further
changes to the Greenbelt Plan or the Oak Ridges Moraine Conservation Plan or
their applicability that would exempt developments from the requirements of
these provincial plans or erode the permanent protections these plans provide
our agricultural lands and natural heritage systems.
Implementation and Transition
2.51 The Province has indicated the approach to implementation of the new PPS, 2024
would be to provide municipalities an opportunity to understand and adapt to the policy
changes by releasing the final policies for a short period of time before they take effect.
2.52 Once in effect, planning decisions on updates to official plans, zoning by-laws, and all
types of development applications made on or after the effective date would need to be
consistent with the new PPS document, regardless of whether there is a conflict with a
local planning document.
2.53 It is intended that official plans and local regulatory documents would be updated as
necessary to implement the policies of the new PPS at the time of the regular review
cycle. Planning and Infrastructure Services is in the initial stages of the five-year review
of the Clarington Official Plan. Consistency with a new PPS would be addressed by the
review.
2.54 Staff appreciates the Province's intended approach to release the final PPS prior to the
in -effect date to provide time for municipalities, stakeholders, and the public to digest
and adapt to the new policies. The Province is requested to provide a preview
period that is long enough to allow municipal staff to report to Council with
implementation considerations.
2.55 Recently, there has been a significant number of changes to land use planning
legislation, policy, and processes. A great deal of municipal time and resources have
been expended to review, understand, and adapt to and implement these changes that
are continually in flux. This has taken resources away from completing our secondary
plan program and processing development applications to provide for new homes to be
built.
2.56 A stable provincial planning policy and regulatory regime is critical going forward to
provide time for these new directions to be implemented so that the impacts and
effectiveness of the policies can begin to be understood and yield results.
2.57 The Province is requested to stabilize the provincial policy framework to allow
municipalities to focus on updating local documents and implementing new
provincial directions toward creating complete communities and achieving
housing targets.
2.58 The Province has indicated it expects Durham Region to become an upper -tier
municipality without planning responsibilities towards the end of 2024. This transfer of
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Municipality of Clarington
Report PDS-017-24
Page 12
responsibility to Clarington includes absorbing the Region's Official Plan, which will
have significant implications for our Official Plan review. Staff will also need to begin to
prepare for this transition to ensure sufficient coordination on matters of servicing and
infrastructure continues under this new framework.
2.59 The Province is requested to provide pertinent details about expected timing and
as soon as possible to enable Clarington to begin preparing for implementation.
3. Financial Considerations
3.1 It is anticipated that there will be costs to implement the draft PPS, 2024 relating to:
• Required updates to Clarington's policy and regulatory documents (e.g. zoning),
including the upcoming review of the Clarington Official Plan which will have to address
the elimination of the Growth Plan and achieve consistency with the new PPS, 2024,
modifying or redoing forecasting work that has been done to date;
The transfer of Durham Region's planning responsibilities towards the end of 2024, the
magnitude of which cannot yet be estimated, but will include taking on the
administration of Durham's recently adopted new Official Plan in addition to our own,
and reconciling any provincial conformity exercises that may be required; and
The additional resources necessary to support new requirements and responsibilities
related to such areas as servicing and infrastructure, watershed planning, and inter -
municipal coordination.
4. Strategic Plan
4.1 The proposed PPS, 2024 and the directions therein are related to and will impact how
the Clarington achieves the Grow Responsibly pillar of the Strategic Plan and support
the objective to `promote responsible and balanced growth by developing the economy
while protecting the environment'.
5. Concurrence
5.1 This report has been reviewed by the Deputy CAO/Treasurer who concurs with the
recommendation.
6. Conclusion
6.1 The purpose of this report is to (i) summarize the Province's changes put forward
through the new draft Provincial Planning Statement 2024, and (ii) present staff's
comments on the proposed changes.
6.2 Certain policies in the draft PPS, 2024 may provide municipalities greater flexibility to
plan based on their own needs. However, others would make it more difficult for
municipalities to uphold policies that create complete communities, protect what is
valuable, and grant the Province additional powers over local planning matters.
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Municipality of Clarington
Report PDS-017-24
Page 13
6.3 Additional revisions to the draft PPS, 2024 are requested to continue to support all
identified areas of provincial interest and enable municipalities to continue develop
complete communities that maintain a high quality of life for residents. As noted
throughout the report, key concerns continue to be related to:
The intent to eliminate the Growth Plan and the two decades' worth of detailed
and consistent growth management and protection of valuable land and resources
across the Greater Golden Horseshoe. The complex exercises to establish
municipal forecasts and targets, calculate land needs, and implement provincial
agricultural and natural heritage systems have taken years. To have much of this
work superseded just as it is being implemented, is not efficient and creates
uncertainty;
The elimination of the municipal comprehensive review and allowing settlement
area boundary expansions and employment land removals to be haphazardly
applied for and take place outside the detailed analysis that occurs as part of a
municipally initiated official plan update. This detailed analysis is critical to ensuring
(i) long-term protection of our employment lands, agricultural lands, and natural
heritage resources (ii) provision of adequate community services, and (iii) efficient
alignment of servicing and transportation infrastructure; and
Continued instability of and reactionary changes to the provincial planning
framework over the last several years, which has created confusion, costly delays,
and resulted in unnecessary modifications to processes and requirements (e.g.
application fee refunds). Further, this instability has diverted constrained municipal
resources away from efficiently completing secondary plan work, and processing
development applications in support providing much -needed housing. This will be
exacerbated in the coming year as Clarington takes on Durham's planning
responsibilities and absorbs its Official Plan in addition to our own.
6.4 In order to meet the 30-day commenting deadline, staff submitted draft Municipal
comments on May 10, subject to Council ratification/modification.
6.5 It is respectfully recommended that (i) the comments presented on the draft PPS, 2024
by Report PDS-017-24 be endorsed, and (ii) that a copy of the report and Council's
decision be sent to the Province, the Region of Durham, relevant conservation
authorities, and other Durham Region area municipalities.
Staff Contact: Sarah Allin, Principal Planner, sallin@clarington.net or 905-623-3379 ext. 2419;
Lisa Backus, Manager of Community Planning, Ibackus(@clarington.net or905-623-3379 ext.
2419.
Attachments:
Attachment 1 — Comments to Province on Draft PPS, 2023
Interested Parties:
List of Interested Parties available from Department.
Page 64
Attachment 1 to PDS-017-24
Comments to Province on Draft PPS, 2023 (PDS-037-23)
Comment on draft PPS, 2023
Addressed
Still
Applicable
General
Staff is greatly concerned that the fundamental changes to established planning principles
Partially
Yes
proposed in PPS, 2023 to create permissions for housing above all else will pave the way for
sprawl resulting in costly and inefficient use of land and resources, and the degradation and
permanent loss of vital agricultural and industrial land. The possible impacts to our natural
heritage system are not yet known, as the proposed 2023 PPS was released without the natural
heritage policies.
Relationship to Provincial Plans
Staff does not support any further changes to the Greenbelt Plan or the Oak Ridges Moraine
Yes
Yes
Conservation Plan or their applicability that would exempt development from the requirements
of the provincial plans or erode the permanent protections the plans provide our agricultural
lands and natural heritage systems.
Municipal Comprehensive Review
The Province is requested to maintain the municipal comprehensive review concept and
No
Yes
associated controls on settlement area expansion and employment land conversions in the
proposed 2023 PPS.
Settlement Area Boundaries and Sprawl
No
Yes
The Province is requested to maintain the existing policies requiring requests for new settlement
areas and boundary expansions to be considered only as part of a municipal comprehensive
review of the municipality's official plan (under section 26 of the Planning Act) and maintain the
requirement that it must be demonstrated that additional lands are necessary to accommodate
forecasted growth.
Page 65
Attachment 1 to PDS-017-24
Comment on draft PPS, 2023
Addressed
Still
Applicable
Protection of Agricultural Land
The Province is requested to remove the proposed policies in the 2023 PPS that would permit
Yes
Yes
residential strip development through lot creation in rural and agricultural areas, and maintain
existing lot creation restrictions in rural and agricultural areas in recognition of (i) agricultural
land as an invaluable and finite resource necessary for long-term sustainability, and (ii) the
contribution of the agricultural sector to the provincial economy.
Affordable Housing
The Province is requested to maintain the definitions of "affordable' and 'low and moderate
Yes
Yes
income households' in continued support of municipal efforts (such as Clarington's Affordable
Housing Toolkit) to provide more affordable housing options.
Employment and Land Use Compatibility
The Province is requested to carry forward the municipal comprehensive review requirement
No
Yes
into the 2023 PPS and to continue to apply the requirement to employment land conversions.
Through transition provisions, the Province is requested to provide municipalities additional time
No
Yes
to reconcile the impacts of these changes and revise community and employment land needs
accordingly, prior to these changes coming into effect and placing vital employment areas at risk
of conversion.
Natural Heritage
The Province is requested to postpone the comment deadline until the draft natural heritage
Yes
No
policies have been released and stakeholders have had the opportunity to review and provide
comment.
Cultural Heritage
The Province is requested to retain the existing language in the PPS, 2020 that aligns with the
No
Yes
provincial interest identified in the Planning Act to protect significant cultural heritage resources,
including those that are not formally designated.
Page 66
Attachment 1 to PDS-017-24
Comment on draft PPS, 2023
Addressed
Still
Applicable
Consultation with Indigenous Communities
Policies on consultation with Indigenous communities are supported. The Province is requested
No
Yes
to provide additional guidance material and financial resources to support the implementation of
municipal processes to foster meaningful engagement with Indigenous communities on behalf
of the Crown.
Minister Powers
Staff is concerned that the additional powers may reduce fairness and transparency in the
No
Yes
process by broadening situations where landowners may be unilaterally exempt from
conforming to approved planning policy and from obtaining required approvals and permits.
Policy and regulatory documents that are in effect as a result of going through prescribed and
public approvals processes should apply to all fairly and equitably.
The Province is requested to ensure the local municipality is consulted as part of the process for
No
Yes
any planning matter that affects it, and that any Minister's Order should have council support.
Transition and Implementation
The Province is requested to provide an adequate transition period to enable municipalities to
Partially
Yes
amend local planning documents comprehensively to address the sweeping and significant
changes to provincial policy directions prior to the policies coming into effect.
Page 67
Clarftwn
Staff Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: Planning and Development Committee
Date of Meeting: May 13, 2024 Report Number: PDS-018-24
Submitted By: Carlos Salazar, Deputy CAO, Planning and Infrastructure Services
Reviewed By: Trevor Pinn, Deputy CAO/Treasurer, Finance and Technology
Authored by: Jane Wang, Planner II
Resolution Number:
File Number: PLN 34.5.2.93
By-law Number:
Report Subject: Intent to Pursue Heritage Designation for the Property: 127 Church
Street North, Orono.
Recommendations:
1. That Report PDS-018-24, and any related delegations or communication items, be
received;
2. That the Clerk issue a Notice of Intention to Designate 127 Church Street, Orono, as
a cultural heritage resource under Part IV of the Ontario Heritage Act;
3. That the Clerk prepare the necessary by-law if no objection(s) are received within 30
days after the date of publication of the Notice of Intention or report back to Council
regarding objection(s); and
4. That all interested parties listed in Report PDS-018-24, and any delegations be
advised of Council's decision.
'�
Municipality of Clarington
Report PDS-018-24
Report Overview
Page 2
The Municipality is responsible for recognizing, protecting and conserving valuable heritage
assets. 127 Church Street, Orono, which serves as the Orono Library, is a fine example of
the Italianate architectural styles in Clarington and is identified as Primary resource on the
Municipal Cultural Heritage Resources List.
The Clarington Heritage Committee and staff recommend the designation of the property
under Part IV of the Ontario Heritage Act to ensure the future of the significant cultural
resources is appropriately conserved and that it continues to be an integral part of
Clarington's history.
1. Background
1.1 Cultural heritage is important to a community because it reflects its history, traditions,
and values. It also contributes to a sense of place that fosters a community's identity
and cohesion.
1.2 The Region of Durham and Municipality of Clarington have policies in their Official Plans
that promote the protection and conservation of cultural heritage resources. These
policies align with the goals of enhancing community health and safety and improving
the quality of life for residents.
1.3 Council holds the responsibility to designate a property under Part IV when it concludes
that the property meets the criteria outlined in Ontario Regulation 9/06 of the Ontario
Heritage Act, indicating cultural heritage value or interest. These criteria are based on
three overarching principles related to physical and design attributes, historical and
associative connections, as well as contextual significance.
1.4 Recent changes to the Ontario Heritage Act, through Bill 23, came into effect on
January 1, 2023. One of the significant changes is related to the threshold to warrant
designation under Part IV of the Act. A property is required to meet two or more criteria
prescribed in O.Regulation 9/06 to be designated. This will be the first recommended
designation under the recent legislation changes.
1.5 The Clarington Heritage Committee evaluated 127 Church Street North, Orono, and
passed a motion (Motion 22.24) at its meeting on May 17t", 2022, to recommend the
designation of the subject property under Part IV of the Ontario Heritage Act because it
has sufficient cultural heritage value or interest to merit designation.
1.6 Staff had communicated with the library staff regarding designation of the property. To
facilitate the accessibility improvement project, which is much needed to maintain the
Orono Library for the public uses, the designation process was planned to be initiated
after the accessibility improvement project is complete.
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Municipality of Clarington Page 3
Report PDS-018-24
1.7 Accessibility improvements to the Orono Library building were completed in 2023. The
Clarington Heritage Committee participated in the accessibility improvement project to
ensure the improvements were sympathetic to and compatible with the building's
cultural heritage value and attributes. The Orono Mill Stone, the community heritage
piece recording the only mill in Orono, was moved back to this property as requested by
the Community in March 2024. The building improvements and the relocation of the
Orono Mill Stone, the community heritage piece, were celebrated and showcased at the
grand opening of the library on April 6th, 2024.
1.8 The property is shown on the location Map (Figure 1) and summarized below.
Page 70
Municipality of Clarington
Report PDS-018-24
Page 4
M
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Y- - - - - - 1p
I
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Church Street
>� ., �s'� �1= •`• III �►_ % oil,.
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CfariWm 127 Church Street North, Orono
Figure 1 Location Map- 127 Church Street North, Orono
Page 71
Municipality of Clarington
Report PDS-018-24
2. 127 Church Street, Orono
Page 5
2.1 127 Church Street, currently the home of the Orono Library, is identified as Primary in
the Municipality's Cultural Heritage Resources List, and it is a fine example of Italianate
residences in Clarington. The property consists of a two -storey, red brick residential
structure that was built in approximately 1882.
Clarington Library
Museums & Archives
Orono Library
2.2 The residence displays unique craftsmanship and artistic value through its massing,
placement on the property, orientation to the streets, low-pitched roof, and intricate
decorative details such as the window trim, arched windows, cement scroll with label
stops, brackets and corbels.
2.3 The house was built under the ownership of John Waddell, a major employer in Orono.
Mr. Waddell founded the Orono Furniture Factory in 1868 and was half -owner of the
Orono Cheese Factory. It was the home of his two children Mary and Roddock. Mary
Waddell, the daughter, was the only female to be both a lawyer and a teacher in
mathematics at the University of Toronto in the 1920s. Roddock, R. Waddell, the son,
was also a practising lawyer and set up his practice in Orono in the 1930s.
2.4 The house came into the ownership of the Township of Clarke Public Library Board in
1969. It housed the Clarke Museum until 1985. It currently serves as the Orono Library.
2.5 The property contains mature trees, including black locust, black walnut trees and a
large Copper Beech tree on the west lawn in front of the building. These may have been
planted before the construction of the structure. The building and the park -like setting in
the downtown core serve as a local landmark of the community.
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Municipality of Clarington Page 6
Report PDS-018-24
2.6 The complete description of the cultural heritage attributes of this property is included in
Attachment 1.
3. Protecting Cultural Heritage Resources
3.1 The conservation of significant architectural, cultural, historical and archaeological
resources is a matter of provincial interest identified in the Provincial Policy Statement
(PPS) 2020, which is reinforced by the Growth Plan, 2020 and the Ontario Heritage Act.
3.2 Section 2 of the PPS, 2020, directs that significant built heritage resources that have
been determined to have cultural heritage value or interest shall be conserved.
3.3 Section 4 of the Growth Plan, 2020 identifies cultural heritage resources as valuable
assets that must be conserved in order to foster a sense of place, and benefit
communities. It is necessary to plan for growth in a manner that protects cultural
heritage resources and maximizes their benefits to make our communities unique and
attractive places to live.
3.4 The Province is undertaking a policy review to combine the PPS and the Growth Plan
into a single document, the Provincial Planning Statement (PPS). The updated draft of
the proposed PPS was released on April 10, 2024, for public comments. This draft
document includes policies that promote the protection of heritage properties and
encourage the identification of heritage resources under the Ontario Heritage Act. Staff
will continue to monitor the Province's review and provide updates on the implications
related to heritage property conservation, as necessary.
4. Legislation
Ontario Heritage Act
4.1 The Ontario Heritage Act empowers a municipality to pass a by-law to designate a
property that is considered to be of cultural heritage significance in consultation with the
Heritage Committee. The Clarington Heritage Committee is in support of the designation
of the subject property.
4.2 The Ontario Heritage Act outlines the process for designation. The Clarington Heritage
Committee has recommended the designation, and Council agreed. Therefore, the next
step is publishing the Notice of Intention to Designate in the locally circulated
newspaper and the municipal website. A summary description of the heritage
designation process is attached to this report as Attachment 2.
4.3 Once a property is designated by by-law under Part IV of the Ontario Heritage Act, the
property owner is required to obtain consent for any proposed significant alterations to
the building's heritage features that are listed in the designation by-law, or for demolition
of all or part of the structure, or its significant attributes.
Page 73
Municipality of Clarington
Report PDS-018-24
Region of Durham Official Plan
Page 7
4.4 The Regional Municipality of Durham Official Plan Section 2 outlines goals for the
preservation of historic and cultural heritage, including built heritage. The Region's
Official Plan encourages Councils of the area municipalities to utilize the Ontario
Heritage Act to conserve, protect and enhance the built and cultural heritage resources.
The new Official Plan of the Regional Municipality of Durham: Envision Durham,
adopted on May 17, 2023, acknowledges cultural heritage as an integral component of
the complete communities. The conservation, protection and enhancement of built and
cultural heritage are set out as one of the objectives to build complete communities and
maintain vibrant neighbourhoods. The new DROP is currently before the Province for
approval.
Clarington Official Plan
4.5 Promoting cultural heritage conservation is identified as a goal to foster civic pride and a
sense of place, strengthen the local economy and enhance the quality of life for
Clarington residents by the Municipality of Clarington. Section 8 of the Clarington Official
Plan, 2018 directs the designation of cultural heritage resources under Part IV of the
Ontario Heritage Act, with assistance from the Clarington Heritage Committee, in
support of achieving the Municipality's cultural heritage objectives.
5. Public Notice
5.1 Under the Ontario Heritage Act, notification is required before Council passes a by-law
to designate a property. Staff has been in contact with the Clarington Public Library
Board. Notice of this report was provided to property owners in early May 2024.
6. Financial Considerations
Not Applicable.
Page 74
Municipality of Clarington
Report PDS-018-24
7. Strategic Plan
Page 8
The Clarington Strategic Plan 2024-27 outlines the objectives to cultivate a strong,
thriving, and connected community where everyone is welcome. Designation of the
subject property contributes to achieving one of the priorities (Connect 4.1) that
promotes and supports local arts, culture, and heritage sectors.
8. Concurrence
m
9. Conclusion
9.1 The Clarington Heritage Committee and staff are in support of the designation of 127
Church Street North, Orono as an individual designation under Part IV of the Ontario
Heritage Act. The proposed designation by-law is included in Attachment 3.
9.2 Should no objections be received by the Municipal Clerk within 30 days of publishing the
Notice of Intention to designate, the proposed by-law designating the property will be
forwarded to Council for approval. Alternatively, if an objection(s) is received the Clerk
will provide a report to Council.
9.3 Upon designation, the owner of the property will be presented with a bronze plaque
signifying the significance of the property to the community and the Municipality as a
whole.
9.4 It is respectfully recommended that the Recommendations be adopted as presented.
Staff Contact: Jane Wang, Planner II, 905-623-3379 ext. 2411 or jwangclarington.net or Lisa
Backus, Manager, Community Planning ext. 2413 or Ibackus(a)_clarington.net.
Attachments:
Attachment 1 — 127 Church Street North, Orono, Statement of cultural value and heritage
attributes
Attachment 2 — Heritage designation process
Attachment 3 — Proposed Draft Designation By-law for 127 Church Street North, Orono
Interested Parties:
List of Interested Parties available from the Department.
Page 75
Attachment 1 to
Report PDS-18-24
127 Church Street North, Orono: The Orono Library
Statement of Significance and List of Character -Defining Features
Description
127 Church Street North, currently Orono Library, is located on a large lot on the corner
of Church Street North and Centreview Street in Orono. The property consists of a two -
storey residential structure with a one -and -a -half 1970s addition on the south side that
was built in 1882. It was recently home to the Orono Mill Stone, a piece of record of the
only mill in Orono in the 1850s.
Physical/Design Value
127 Church Street North is a fine example of Italianate residences in Clarington. The
two -storey red brick structure is typical of the Italianate style through its massing and
rich ornamentation. Details include the usage of a 1/3 running bond brickwork pattern,
the pencil -lined mortar between the bricks, a low-pitched roof, single bracketed eaves,
arched windows crested with cement scroll with label stops and an elaborate enclosed
entranceway with railing and decorative pillars.127 Church Street North displays a high
degree of craftsmanship and artistic value through its decorative finishes.
Historical/Associative Value
The building holds a unique place in history, having been built under the ownership of
John Waddell, a prominent figure in Orono. Mr. Waddell, a major employer, founded the
Orono Furniture Factory in 1868 and was half -owner of the Orono Cheese Factor, which
was built in 1874. He also owned the North American Hotel, which was situated on the
corner of Main Street and Centre Street for a period of time. The building was the home
of his two children, Mary and Roddock. Mary Waddell was the first female appointed to
the mathematics staff at the University of Toronto. She entered Osgoode Hall in 1921
and was called to the Bar at Osgoode Hall in 1924. Mary Waddell was the only female
to be both a lawyer and a faculty member in mathematics at the University of Toronto at
that time. She was the first Canadian woman to join the American Mathematical
Association. Roddock Waddell was a practicing lawyer who set up his practice in Orono
in the 1930s. He was also known as an active member of several local boards.
Since 1969, the property has been under the ownership of the Clarke Public Library
Board. It served as the Clarke Museum until 1985, preserving and showcasing the local
history. Today, it stands as the Orono Library, a hub of knowledge and community
engagement.
Contextual Value
The property ground contains mature trees framing the building, including black locust,
black walnut, and a large Copper Beech tree on the west lawn in front of the building.
These may be planted before the structure is constructed. The lawns within the property
premises provide the only park -like setting space within the downtown core.
Page 76
Attachment 1 to
Report PDS-18-24
127 Church Street North maintains and supports the historical character of the
downtown core of Orono. The property's historical architectural style, setback, massing,
placement and park -like setting contribute to the historical character of downtown. It is
perceived as a local landmark and a hub of community life.
Description of Heritage Attributes
127 Church Street North, Orono is a fine example of Italianate residences. The property
contains the following heritage attributes that reflect this value:
• Two -storey Italianate style residence
• Fagade with 1/3 running bond and pencil -lined mortar between the bricks
• Low-pitched roof
• Eaves with decorative brackets
• Two over two and smaller arched windows with cement scroll with label stops
• Angled three -sided bays
• Raised porch with wooden floor and four elaborate wooden posts
• Enclosed entranceway with glass panels and wooden panels, top railing,
decorative brackets, ornate pillars and wooden door
127 Church Street North was constructed under the ownership of John Waddell, a major
employer in Orono, in the 1860s. The property contains the following heritage attributes
that reflect this value:
• Two -storey Italianate style residence
127 Church Street North maintains and supports the historical character of downtown
Orono. The property contains the following heritage attributes that reflect this value:
• Two -storey Italianate style residence
• Structure placement, orientation and setback on the property
• Park -like setting with mature trees
Other Heritage Attributes
• The Orono Mill Stone
Page 77
Designation Process by Municipal By -Law
Attachment 2 to PDS-018-24
ciffboon
Designation Proposed.
Council consults with the
Heritage Committee.
Council
Decision:
Proceed with
Designation?
Notice of Intention to Designate:
• Served on property owner.
• Served on the Ontario Heritage Trust.
• Right to objection.
• Published on available media outlets.
Council
Decision:
Designate
property.
Designation by-law passed.
Notice of Designation:
• Served on property owner.
• Served on the Ontario Heritage Trust.
• Served any person who objected.
• Right to appeal.
• Published on available media outlets.
Property not designated.
Council to Reconsider
Designation of Property.
Notice of Withdrawal.
Appeal to Ontario Land
Tribunal (OLT) within 30
days after publishing the
Notice of Designation.
OLT Hearing and Decision.
Attachment 3 to
PDS-018-24
If this information is required in an alternate format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131
The Corporation of the Municipality Of Clarington
By -Law No. 2024 —
Being a by-law to designate the property known for municipal purposes
as 127 Church Street North, Orono, Municipality of Clarington as a
property of historic or architectural value or interest under the Ontario
Heritage Act, R. S. 0. 1990, Chapter 0. 18;
Whereas the Ontario Heritage Act, R. S. 0., 1990, c.0. 18 authorizes the Council of the
Municipality to enact by- laws to designate properties to be of historic or architectural
value or interest for the purposes of the Act;
And whereas the Council of the Corporation of the Municipality of Clarington has
caused to be served upon the owner of the property known for municipal purposes at
127 Church Street North, Orono and upon the Ontario Heritage Foundation, Notice of
Intention to Designate the aforesaid real property and has caused such Notice of
Intention to be published in the Orono Times, a newspaper and the municipal website
having general circulation in the area of the designation on ;
And whereas the reasons for the designation of the aforesaid property under the
Ontario Heritage Act are contained in Schedule "A" attached to and forming part of this
by-law;
And whereas the Clarington Heritage Committee has recommended that the property
known for municipal purposes as 127 Church Street North, Orono, be designated as a
property of historic or architectural value or interest under the Ontario Heritage Act;
And whereas no notice of objection to the proposed designation was served upon the
Municipal Clerk within the period prescribed by the Ontario Heritage Act;
And whereas Council considers the recommendations of Report PDS-018-24.
Now therefore the Council of the Corporation of The Municipality of Clarington hereby
enacts as follows:
1. The property known for municipal purposes at 127 Church Street North, Orono
which is more particularly described in Schedule "B" which is attached to and
forms part of this by- law, is hereby designated as a property which has historic or
architectural value or interest under Section 29 of the Ontario Heritage Act, R. S.
0. 1990, c., 0. 18.
2. The Solicitor for the Municipality of Clarington is hereby authorized to cause a
copy of this by-law to be registered against the title to the property described in
Schedule "B" hereto.
Page 79
3. The Municipal Clerk is hereby authorized to cause a copy of this by-law to be
served upon the owner of the property described in Schedule "B" hereto and on
the Ontario Heritage Foundation. The Municipal Clerk also is authorized to cause
notice of the passing of this by-law to be published in the Orono Times, a
newspaper and the municipal website having general circulation in the area of the
designation.
By-law passed in open session this day of , 2024
Adrian Foster, Mayor
June Gallagher, Municipal Clerk
'�
Schedule 'A'
To By-law 2024-
Statement of Significance and List of Character Defining Features
127 Church Street North, currently Orono Library, is located on a large lot on the corner
of Church Street North and Centreview Street in Orono. The property consists of a two -
storey residential structure with a one -and -a -half 1970s addition on the south side that
was built in 1882. It was recently home to the Orono Mill Stone, a piece of record of the
only mill in Orono.
Physical/Design Value
127 Church Street North is a fine example of Italianate residences in Clarington. The
two -storey red brick structure is typical of the Italianate style through its massing and
rich ornamentation. Details include the usage of a 1/3 running bond brickwork pattern,
the pencil -lined mortar between the bricks, a low-pitched roof, single bracketed eaves,
arched windows crested with cement scroll with label stops and an elaborate enclosed
entranceway with railing and decorative pillars. 127 Church Street North displays a high
degree of craftsmanship and artistic value through its decorative finishes.
Historical/Associative Value
The building holds a unique place in history, having been built under the ownership of
John Waddell, a prominent figure in Orono. Mr. Waddell, a major employer, founded the
Orono Furniture Factory in 1868 and was half -owner of the Orono Cheese Factor, which
was built in 1874. He also owned the North American Hotel, which was situated on the
corner of Main Street and Centre Street for a period of time. The building was the home
of his two children, Mary and Roddock. Mary Waddell was the first woman appointed to
the mathematics staff at the University of Toronto. She entered Osgoode Hall in 1921
and was called to the Bar at Osgoode Hall in 1924. Mary Waddell was the only female
to be both a lawyer and a faculty member in mathematics at the University of Toronto at
that time. She was the first Canadian woman to join the American Mathematical
Association. Roddock Waddell was a practicing lawyer who set up his practice in Orono
in the 1930s. He was also known as an active member of several local boards.
Since 1969, the property has been under the ownership of the Clarke Public Library
Board. It served as the Clarke Museum until 1985, preserving and showcasing the local
history. Today, it stands as the Orono Library, a hub of knowledge and community
engagement.
Contextual Value
The property ground contains mature trees framing the building, including black locust,
black walnut, and a large Copper Beech tree on the west lawn in front of the building.
These may be planted before the structure is constructed. The lawns within the property
premises provide the only park -like setting space within the downtown core.
Page 81
127 Church Street North maintains and supports the historical character of the
downtown core of Orono. The property's historical architectural style, setback, massing,
placement and park -like setting contribute to the historical character of downtown. It is
perceived as a local landmark and a hub of community life.
Description of Heritage Attributes
Description of Heritage Attributes
127 Church Street North, Orono is a fine example of Italianate residences. The property
contains the following heritage attributes that reflect this value:
• Two -storey Italianate style residence
• Fagade with 1/3 running bond and pencil -lined mortar between the bricks
• Low-pitched roof
• Eaves with decorative brackets
• Two over two and smaller arched windows with cement scroll with label stops
• Angled three -sided bays
• Raised porch with wooden floor and four elaborate wooden posts
• Enclosed entranceway with glass panels and wooden panels, top railing,
decorative brackets, ornate pillars and wooden door
127 Church Street North was constructed under the ownership of John Waddell, a
major employer in Orono, in the 1860s. The property contains the following heritage
attributes that reflect this value:
• Two -storey Italianate style residence
127 Church Street North maintains and supports the historical character of downtown
Orono. The property contains the following heritage attributes that reflect this value:
• Two -storey Italianate style residence
• Structure placement, orientation and setback on the property
• Park -like setting with mature trees
Other Heritage Attributes
• The Orono Mill Stone
Page 82
Schedule 'B'
To By-law 2024-
Legal Description:
LT 1 BILK N (LT 28 CON 5 CLARKE) PL VILLAGE OF ORONO CLARKE; LT 2 BILK N
(LT 28 CON 5 CLARKE) PL VILLAGE OF ORONO CLARKE; LT 3 BILK N (LT 28 CON
5 CLARKE) PL VILLAGE OF ORONO CLARKE; CLARINGTON
PIN 26684-0160
Page 83
Clarftwn
Staff Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: Planning and Development Committee
Date of Meeting: May 13, 2024 Report Number: PDS-020-24
Submitted By: Carlos Salazar, Deputy CAO, Planning and Infrastructure Services
Reviewed By: Trevor Pinn, Deputy CAO/Treasurer, Finance and Technology
Authored by: Lucy Pronk, Principal Planner Resolution#:
File Number: ZBA2023-0013 By-law Number:
Report Subject: General Amendment to Zoning By-law 84-63 an 2005-109 — Aggregate
Extraction Area Refinement
Recommendations:
1. That Report PDS-020-24, and any related delegations or communication items, be
received;
2. That the By-laws attached to Report PDS-020-24, as Attachments Two (2) and Three
(3), be approved; and
3. That all interested parties listed in Report PDS-020-24, and any delegations be
advised of Council's decision.
Municipality of Clarington
Report PDS-020-24
Report Overview
Page 2
The proposed municipally initiated amendments to Zoning By-law 84-63 and 2005-109 seek
to modify the existing schedules to accurately reflect eight aggregate pit licenses. The
proposed amendments are administrative in nature and no new development or site alteration
is proposed. Staff recommend that the zoning by-law schedule amendments be approved.
1. Background
1.1 A `pit' is defined as: a place where unconsolidated gravel, stone, sand, earth, clay, fill,
mineral or other material is being or has been removed by means of an excavation to
supply materials for construction, industrial or manufacturing purposes, but does not
include a wayside pit.
1.2 Over time, aggregate pit licenses are surrendered, revoked and / or modified. Once a
licence has been surrendered or revoked, Official Plan policy 15.3.1 states that the
aggregate extraction overlay designation in the Official Plan is deleted, and the Zoning
By-laws must be amended to delete aggregate pit and associated uses as permitted uses
on these lands. Appropriate zoning categories must then be incorporated.
1.3 The most recent zoning by-law schedule amendment to remove surrendered or revoked
pit licenses was approved in 2009 (ZBA File No. 2008-0004 and By-law #2009-068).
Since 2009, four (4) pit licenses have been surrendered or revoked.
1.4 During Staff's review of the active aggregate pit licenses in Clarington, the need for zoning
mapping revisions was identified on four (4) additional existing, active pit licenses.
1.5 The foregoing necessitates zoning by-law amendments to eight (8) municipal addresses
shown in Figure 1 — Key Map.
Page 85
ls�
Municipality of Clarington
Report PDS-020-24
Page 4
Pit 3209, Map Location: Figure 1 Key Map — Location 6 (2920 Taunton Road East,
Bowmanville)
2.3 This pit license (see Attachment 1 Pit License Boundary — Figure 1) has been
surrendered and the `Aggregate Extraction Area' overlay has been deleted from the
Official Plan.
2.4 The proposed amendment to Zoning By-law 84-63 would change the zoning from
Extractive Industrial (M3) to Holding - Agricultural ((H)A) and Holding - Environmental
Protection ((H)EP) to align with the Official Plan land use designations.
2.5 A holding provision will be applied to the property to ensure that a record of site
condition (RSC) is completed prior to the establishment of a more sensitive use.
Pit 3397, Map Location: Figure 1 Key Map — Location 7 (4601 Bethesda Road,
Bowmanville)
2.6 This pit license (see Attachment 1 Pit License Boundary — Figure 2) has been revoked
and the `Aggregate Extraction Area' overlay has been deleted from the Official Plan.
2.7 The proposed amendment to Zoning By-law 84-63 would change the zoning from
Extractive Industrial (M3) to Holding - Agricultural ((H)A) and Holding - Environmental
Protection ((H)EP) to align with the Official Plan land use designations.
2.8 A holding provision will be applied to the property to ensure that a record of site
condition (RSC) is completed prior to the establishment of a more sensitive use.
Pit 3224 Map Location: Figure 1 Key Map — Location 4 (3061 Regional Road 20,
Bowmanville)
2.9 This pit license (see Attachment 1 Pit License Boundary — Figure 3) was surrendered,
and the `Aggregate Extraction Area' overlay has been deleted from the Official Plan.
2.10 The proposed amendment to Zoning By-law 2005-109 would change the zoning from
Aggregate Extraction (AE) to Holding - Agricultural ((H)A) with the Minimum Area of
Influence (MAOI) overlay to align with the Official Plan land use designations.
2.11 A holding provision will be applied to the property to ensure that a record of site
condition (RSC) is completed prior to the establishment of a more sensitive use.
Page 87
Municipality of Clarington
Report PDS-020-24
Page 5
Pit 3240, Map Location: Figure 1 Key Map — Location 8 (7465 Thompson Road, Kendal)
2.12 This pit license (see Attachment 1 Pit License Boundary — Figure 4) was surrendered
and the `Aggregate Extraction Area' overlay has been deleted from the Official Plan.
2.13 The southern portion of the property is regulated by Zoning By-law 84-63 and the
northern portion of the property by Zoning By-law 2005-109.
2.14 The proposed amendment to Zoning By-law 84-63 would change the zoning from
Extractive Industrial (M3) to Holding — Agricultural (H)) with the Minimum Area of
Influence (MAOI) overlay and to Holding - Environmental Protection ((H)EP).
2.15 The proposed amendment to Zoning By-law 2005-109 would change the zoning from
Aggregate Extraction (AE) to Holding - Agricultural ((H)A) with the Minimum Area of
Influence (MAOI) overlay and to Holding - Environmental Protection ((H)EP).
2.16 A holding provision will be applied to the property to ensure that a record of site
condition (RSC) is completed prior to the establishment of a more sensitive use.
2.17 The foregoing would align with the Official Plan land use designations.
Pit 3223, Map Location: Figure 1 Key Map — Location 1 (1640 Concession Road 10,
Blackstock)
2.18 Pit 3223 has an active pit license (see Attachment 1 Pit License Boundary — Figure 5).
2.19 The proposed amendment to Zoning By-law 2005-109 would change the zoning at the
northwest corner of the property to align with the current aggregate pit license and
Official Plan land use designations.
2.20 These lands would be rezoned from Aggregate Extraction (AE) to Environmental
Protection (EP), and Aggregate Extraction (AE) to Natural Linkage (NL) with the
Minimum Area of Influence (MAGI) overlay.
Pit 3198, Map Location: Figure 1 Key Map — Location 2 (10057 Bowmanville Avenue
(Regional Road 57), Blackstock)
2.21 Pit 3198 has an active pit license (see Attachment 1 Pit License Boundary — Figure 6).
2.22 The proposed amendment to Zoning By-law 2005-109 would revise the zoning at the
northeast corner and the eastern portion of the property to align with the current
aggregate pit license and the Official Plan land use designations.
2.23 These lands would be rezoned from Aggregate Extraction (AE) to Environmental
Protection (EP) and Natural Linkage (NL) with the Minimum Area of Influence (MAOI)
overlay.
Municipality of Clarington
Report PDS-020-24
Page 6
Pit 3202, Map Location: Figure 1 Key Map — Location 3 (3060 Regional Road 20,
Bowmanville)
2.24 Pit 3202 has an active pit license (see Attachment 1 Pit License Boundary — Figure 7)
2.25 The proposed amendment to Zoning By-law 2005-109 would revise the zoning at the
northwestern and northeastern portions of the property to align with the current
aggregate pit license and the Official Plan `Aggregate Extraction Area' overlay. These
lands would be rezoned from Environmental Protection (EP) to Aggregate Extraction
Exception (AE-1) and Agricultural (A) to Aggregate Extraction Exception (AE-1) to align
with aggregate pit license area.
Pit 3221, Map Location: Figure 1 Key Map — Location 5 (3075 Maple Grove Road,
Bowmanville)
2.26 Pit 3221 has an active pit license (see Attachment 1 Pit License Boundary — Figure 8).
The proposed amendment to Zoning By-law 84-63 would revise the Extractive Industrial
(M3) zone at the northern portion of the property and the southern portion of the
property to correspond with the active pit license. The northern portion would be
rezoned from Extractive Industrial (M3) to Agricultural (A) and the southern portion from
Agricultural (A) to Extractive Industrial (M3) to align with the aggregate pit license area
and the underlying Official Plan land use designation.
2.27 A chart outlining the above -noted information is outlined below in Figure 2 — Pit Location
and Zoning Information.
Municipality of Clarington
Report PDS-020-24
Page 7
Pit
License
Key Map
Location
Municipal Address
Reason
Zoning
By-law
Existing
Zoning
Proposed
Zoning
#3223
1
1640 Concession Road 10
: • • .
` •
2005-109
`AE'
"EP' "NL'
`MAOI'
#3198
2
10057 Bowmanville
Avenue (RR 57)
: • • ,
` •
2005-109
`AE'
`EP' `NL'
`MAOI'
#3202
3
3060 Regional Road 20
: • • .
` •
2005-109
`AE-1' `A'
`EP'
`AE-1'
#3224
4
3061 Regional Road 20
- • -
- •
2005-109
`AE'
`M3' `A'
`A' `MAOI'
`M3' `A'
#3221
5
3075 Maple Grove Road : • • . ` • 84-63
#3209
6
2920 Taunton Road East
- . -
- •
84-63
`M3'
`A' `EP'
#3397
7
4601 Bethesda Road
' - • - •
84-63
`M3'
`A' `EP'
#3240
8
7465 Thompson Road
- • -
- •
2005-109
& 85-63
`AE' `M3'
`A' `EP'
Table 1 — Pit Location and Zoning Information
Page 90
Municipality of Clarington
Report PDS-020-24
Page 8
2.28 Based on the foregoing, it is appropriate to rezone all or a portion of each of these
properties in accordance with the corresponding Official Plan designation.
3. Public Notice and Submissions
3.1 Notice of the public meeting was provided in accordance with the provisions of the
Planning Act and the Municipality of Clarington Official Plan. Notice was provided in the
Orono Times Newcastle Edition on October 25th, 2023, and the Orono Times on
November 1 st and 8th, 2023. Additionally, the notice of public meeting was mailed to the
property owners and each landowner within 300 metres of each of the subject properties.
3.2 Staff have received 33 written comments regarding the proposed zoning by-law
amendment.
3.3 22 written comments related to Pit #3397 located at 4601 Bethesda Road:
• Two of the submissions requested that the existing zoning remain on the
property. It is the Owner's intent to explore the use of a ready -mix concrete
plant on the property.
• The remaining 20 comments were in opposition to the lands being used
for a ready -mix concrete plant. Concerns regarding air quality, water
quality, noise, increased traffic, and the affect of a potential ready mix
concrete plant on wildlife were received.
• Many of the comments noted support for the municipally initiated rezoning
to ensure that the lands are rezoned Agricultural (A) and Environmental
Protection (EP).
• An online petition with 107 signatures was forwarded to the Municipality.
The petition outlined support for the proposed rezoning and opposition to
a ready -mix concrete plant.
• Staff have clarified that the proposed amendment is an administrative
Official Plan conformity exercise and not an opportunity to evaluate new
development proposals or uses on any of the subject properties.
3.4 Staff have received one written comment for Pit #3224 located at 3061 Regional Road
20. There is a concern that the rezoning will result in the reclassification of the site's soil
management plan. The comments also noted an interest in expanding the permitted uses
on their lands.
Page 91
Municipality of Clarington
Report PDS-020-24
Page 9
3.5 Staff have clarified that the material classification for filling the former pit would be
detailed through the soils management plan that would be required to support any
Planning Act application required to establish a commercial fill operation.
3.6 Staff have clarified that the proposed amendment is an administrative Official Plan
conformity exercise and not an opportunity to evaluate new development proposals or
new proposed uses on any of the subject properties.
3.7 Staff have received one inquiry for Pit #3202 located at 3060 Regional Road 20 and Pit
#3221 located at 3375 Maple Grove Road to confirm that the boundary realignment would
align with the existing pit licenses.
3.8 The purpose of the zoning by-law amendment on the above -noted properties is to
ensure that the zoning boundary aligns with the existing pit licenses.
3.9 Staff have received a submission from the Greenbelt Water Keepers with respect to
whether the proposed amendment considers the policies of the Oak Ridges Moraine
Conservation Plan, Greenbelt Plan and the Durham Official Plan.
3.10 The proposed amendment is required to ensure that the zoning of the subject properties
conforms to the Clarington Official Plan. The Clarington Official Plan conforms to the
Regional Official Plan, Oak Ridges Moraine Conservation Plan and Greenbelt Plan.
3.11 CLOCA staff have provided comments on the proposed zoning by-law amendments.
CLOCA staff had inquiries related to how the proposed zoning was determined on the
properties.
3.12 The zone categories were determined based on the Clarington Official Plan land use
designations. The zone categories will align with these land use designations.
3.13 Staff have received eight submissions that were general in nature (i.e. asking for more
information on the nature of the amendment, how to participate in the process, or
expressing general environmental concerns in Clarington).
3.14 Four people spoke at the statutory Public Meeting held on November 13, 2023.
Page 92
Municipality of Clarington Page 10
Report PDS-020-24
3.15 Rachelle Larocque, of the Biglieri Group, spoke on behalf of the Owner of Pit #3224
located at 3061 Regional Road 20. Ms. Larocque stated that the pit license has been
surrendered and that rehabilitation measures are ongoing on the property. The concern
is that an alternate table of soil will be required if the zoning is changed from Aggregate
Extraction (AE) to Agricultural (A). Ms. Larocque noted that currently, the property is
subject to Table 3 soil criteria which allows the Owner to bring in clean fill. Ms. Larocque
is concerned that a reclassification to a higher table is not viable due to insurmountable
costs, thus making it difficult to become an active farm. During the delegation it was noted
that the Owner has submitted a municipal fill permit. Ms. Larocque requested that the AE
zone remain on the property for approximately 3-5 more years to complete the
rehabilitation to arable land.
3.16 The pit license on this property was surrendered on December loth, 2020. To surrender
the pit license, the property completed its rehabilitation plan in accordance with its
Aggregate Resources Act (ARA) license. The state of final rehabilitation was accepted
by the MNRF on November 20, 2020. Per Ministry of Natural Resources and Forestry
(MNRF) requirements, the site has been `rehabilitated.' Regardless of the zone
category, Staff consider the amount of fill required to fill the former pit resulting from
extraction activities a Commercial Fill Operation. Per Policy 3.6.5 of the Official Plan,
commercial fill operations are only permitted by amendment to the Official Plan. Should
the property owner wish to establish a new commercial fill operation on the subject
property, a separate public Planning Act application process is required.
3.17 Ron Robinson, the license holder for Pit #3221 located at 3075 Maple Grove Road
spoke at the Public Meeting. Mr. Robinson spoke about a cellular tower that is located
on the property. Mr. Robinson noted that he was not aware that the Municipality is not
the approval authority for cellular towers. The federal government regulates cellular
towers, and they are exempt from provincial or municipal processes. Mr. Robinson
notes that through consultation with the MNRF, the Municipality and consultants that a
boundary realignment to exclude a 2500 square foot parcel of land that the tower
occupies would occur. Mr. Robinson requested that the proposed rezoning exclude the
tower on the property.
3.18 The proposed boundary realignment would not change the zoning of the property where
the telecommunication tower is located. Telecommunication towers are regulated by
Federal legislation. The Municipality's Antenna Systems Protocol does not include
preferred zone categories for telecommunication towers. Where co -location is not
possible, the Municipality prefers sites for new towers to be within industrial, commercial
or non-residential areas. As such, realigning the zone boundary to exclude the
telecommunication tower is not required.
Page 93
Municipality of Clarington Page 11
Report PDS-020-24
3.19 Mr. Robinson also spoke on Pit #3224 located at 3061 Regional Road 20. He noted that
in Clarington there is a concern with the legal management of clean fill disposal. Mr.
Robinson has interest in obtaining and permitting a legal commercial fill operation. Mr.
Robinson indicated that this was a priority topic when the Municipality first passed a
Municipal Fill By-law. He has indicated that for two years the Region of Durham has
approached the license holder about utilizing the site for their excess fill however, that
the Region requires proof of a permit. Mr. Robinson has stated that he has applied for a
permit with the Municipality but has not received a response. Mr. Robinson stated that it
was not made clear to the license holder that once the license is surrendered that the
zoning would revert to Agricultural (A) or Environmental Protection (EP), which he states
eliminates the ability to fill the mine cavity. Mr. Robinson stated that the Table standards
are different based on zoning categories. His request was to defer the effective date of
the rezoning to fill in the pit.
3.20 Staff have clarified that regardless of the zone category, Staff consider the amount of fill
required to fill the former pit resulting from extraction activities a Commercial Fill
Operation. Per Policy 3.6.5 of the Official Plan, commercial fill operations are only
permitted by amendment to the Official Plan. Should the property owner wish to
establish a commercial fill operation on the subject property, a separate public Planning
Act application process is required.
3.21 Mr. Robinson also spoke on Pit #3397 located at 4601 Bethesda Road. Mr. Robinson
stated that in 2016, the Municipality publicly tendered the property. He notes that this
site was discussed as an ideal site for meeting the fill by-law permitting requirements.
He stated that the aggregate license was surrendered to receive the fill permit. Mr.
Robinson noted that he was not told that if the license was surrendered that the zoning
would revert back to Agricultural (A) or Environmental Protection (EP). He expressed
that as a result, the pit cannot be filled. Mr. Robinson also stated that the MECP,
through Regulation 406/19, has recommended that after reuse of excess fill on site the
next best off -site use is the filling in of pits and states that this rezoning would be
contrary to this regulation. Mr. Robinson has entered into an agreement with Sunrock
group to build a ready -mix cement plant. He notes that in summary, in rezoning the
property the obligations of a Record of Site Condition (RSC) must be met when a
property is rezoned to a more sensitive land use such as an Agricultural or
Environmental Protection land use. He requested to defer this report and allow the
property to continue to be used under the current zoning and eliminate the cost or need
for an RSC.
3.22 Staff have clarified that regardless of the zone category, Staff consider the amount of fill
required to fill the former pit resulting from extraction activities a Commercial Fill
Operation. Per Policy 3.6.5 of the Official Plan, commercial fill operations are only
permitted by amendment to the Official Plan. Should the property owner wish to
establish a commercial fill operation on the subject property, a separate public Planning
Act application process is required.
Page 94
Municipality of Clarington Page 12
Report PDS-020-24
3.23 PART IV Section 11(2) of O.Reg. 153/04 Records of Site Condition (O. Reg. to the
Environmental Protection Act) speaks to a change in the zoning of the property under a
municipal by-law not being considered a change in use. However, Staff have applied a
holding provision to the proposed by-law amendment for the four (4) properties where
the Agricultural (A) and Environmental Protection zones are being reintroduced in order
to ensure that in accordance with Part IV Section 14 of O.Reg. 153/04 Records of Site
Condition (O. Reg to the Environmental Protection Act) a record of site condition is
completed prior to the establishment of a more sensitive use. This applies to Pit #3209,
Pit #3397, Pit #3224, and Pit #3240. These pits licenses have all been surrendered or
revoked.
3.24 Staff have clarified that the proposed amendment is an administrative Official Plan
conformity exercise and not an opportunity to evaluate new development proposals or
uses on any of the subject properties.
3.25 Kaitlin Port, of MHBC Planning, spoke on behalf of Sunrock Canada Building Materials
on Pit #3397 located at 4601 Bethesda Road. Ms. Port expressed concerns with the
proposed rezoning. Ms. Port requested that the current Extractive Industrial (M3) zoning
remain on this property. Sunrock Canada plans to make a capital investment of
approximately 20 million dollars over the next five years to establish a ready -mix concrete
plant on the property. Ms. Port noted that the current zoning permits the concrete plant
use on the property subject to site plan approval. Ms. Port notes that the property has a
longstanding history of industrial and aggregate -related uses and that the Municipality of
Clarington sold this property in 2016 without rezoning the property. Ms. Port notes that in
February of 2023, Sunrock Canada submitted a request to the Municipality of Clarington
for a pre -consultation meeting. Ms. Port expressed concern that to date, a pre -
consultation meeting had not occurred. She stated that a legal planning opinion was
submitted to the Municipality of Clarington and the Region of Durham, indicating that a
ready -use concrete plant is permitted use on the property. Ms. Port notes that the
refinement of the M3 boundary could have been addressed through the Zone Clarington
process which would have required public input and consultation. Ms. Port requested that
the Planning and Development Committee not recommend the approval of the rezoning
of the property located at 4601 Bethesda Road.
Page 95
Municipality of Clarington Page 13
Report PDS-020-24
3.26 On February 22, 2023, a request for a pre -consultation meeting for the above -noted
property was submitted to the Municipality. A letter, dated May 31, 2023, was sent to the
applicant indicating that because the Region had determined that a Regional Official
Plan Amendment (ROPA) was required that the pre -consultation meeting was
considered premature and thus was cancelled. After further consideration, and after
receiving the legal opinion letter dated July 28, 2023, the Region on September 28,
2023, determined a ROPA was not required. The applicant has not submitted another
request for a pre -consultation meeting.
3.27 Rege Herron, the property owner adjacent to Pit # 3397 located at 4601 Bethesda Road
spoke at the meeting. Mr. Herron supports the municipally initiated rezoning. Mr. Herron
notes that this pit flows into Soper Creek. Mr. Herron has significant concerns with the
Owner's proposal for a ready -mix concrete plant at 4601 Bethesda Road. Mr. Herron
notes that he is concerned with dust, noise and traffic that could result from a ready -mix
concrete plant. Mr. Herron also has concerns for his water quality because of the proximity
of his well to 4601 Bethesda Road.
3.28 Staff have clarified that the proposed amendment is an administrative Official Plan
conformity exercise and not an opportunity to evaluate new development proposals or
uses on any of the subject properties.
4. Department and Agency Comments
4.1 No comments have been received from departments and agencies.
5. Financial Considerations
Not Applicable.
6. Strategic Plan
The proposed zoning by-law amendment is consistent with the Clarington Strategic Plan
2024-2027. Clarington's Strategic Plan prioritizes communicating with residents about the
planning process and includes proactively managing community safety. A statutory Public
Meeting was held to explain and provide an opportunity for comments on the proposed
zoning by-law amendment. The proposed amendment is technical in nature. It is an
Official Plan conformity exercise to protect the public interest.
7. Concurrence
Not Applicable.
Page 96
Municipality of Clarington
Report PDS-020-24
8. Conclusion
Page 14
It is respectfully recommended that Council approve the Zoning By-law Amendments
contained in Attachments 2and 3 to modify the schedules of Zoning By-laws 84-63 and
2005-109 to accurately reflect eight (8) existing aggregate pit licenses. The proposed
amendments are administrative in nature and no development or site alteration is
proposed.
Staff Contact: Lucy Pronk, Principal Planner, 905-623-3379 ext. 2314 or Ipronk(@clarington.net.
Attachments:
Attachment 1 - Subject Property Pit License Boundaries
Attachment 2 - Draft Zoning By-law (Amendment to By-law 84-63)
Attachment 3 - Draft Zoning By-law (Amendment to By-law 2005-109)
Interested Parties:
List of Interested Parties available from Department.
Page 97
Attachment 1— Report PDS-020-24
Figure 1: Pit 3209 located at 2920 Taunton Road and Pit 3397 located at 4601
Bethesda Road
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Page 99
Figure 3: Pit 3240 located at 7465 Thompson Road
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Page100
Figure 4: Pit 3223 located at 1640 Concession Road 10
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Pit 3223- 1640 Concession Rd 10
Page 101
Figure 5: Pit 3198 located at 10057 Regional Road 57
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Page102
Figure 6: Pit 3302 located at 3060 Regional Road 20
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Page103
Figure 7: Pit 3221 located at 3375 Maple Grove Road
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Page104
If this information is required in an alternate format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131
The Corporation of the Municipality of Clarington
By-law Number 20_-
Being a By-law under the provisions of Section 34 of the Planning Act, R.S.O.
1990, c. P.13, as amended, to amend By-law 84-63, as amended, with respect to
certain lands located at 2920 Taunton Road, 4601 Bethesda Road, 7465
Thompson Road and 3075 Maple Grove Road.
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 2023-0013;
Now therefore the Council of the Municipality of Clarington enacts as follows:
Schedule `1' to By-law 84-63, as amended, is hereby further amended by
changing the zone from `Extractive Industrial (M3) Zone' to `Agricultural ((H)A)
Zone - holding' and `Environmental Protection ((H)EP) Zone - holding' as
illustrated on the attached Schedule `A-1' hereto.
2. Schedule `1' to By-law 84-63, as amended, is hereby further amended by
changing the zone from `Extractive Industrial (M3) Zone' to `Agricultural ((H)A)
Zone - holding' and `Environmental Protection ((H)EP) Zone - holding' as
illustrated on the attached Schedule `A-2' hereto.
3. Schedule `2' to By-law 84-63, as amended, is hereby further amended by
changing the zone from `Extractive Industrial (M3) Zone' to `Agricultural ((H)A)
Zone - holding' and `Environmental Protection ((H)EP) Zone - holding' as
illustrated on the attached Schedule `A-3' hereto.
4. Schedule `1' to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from `Extractive Industrial (M3) Zone' to
`Agricultural (A) Zone' and `Extractive Industrial (M3) Zone' as illustrated on the
attached Schedule `A-4' hereto.
5. Schedule `A-1', `A-2', `A-3' and `A-4' attached hereto shall form part of this By-
law.
6. The Holding Symbol shall not be removed until a Record of Site Condition
(RSC) has been filed in the Environmental Site Registry that indicates that the
lands are suitable for the development of sensitive land uses, to the satisfaction
of the Planning and Infrastructure Services Department.
Page105
7. 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, R.S.O. 1990, as amended.
Passed in Open Council this day of
, 2024
Adrian Foster, Mayor
June Gallagher, Municipal Clerk
Page106
This is Schedule "A-2" to By-law 2024- , passed this day of 2024 A.D.
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Page107
This is Schedule "A-2" to By-law 2024- , passed this day of , 2024 A.D.
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Page108
This is Schedule "A-3" to By-law 2024- , passed this day of 2024 A.D.
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Page109
This is Schedule "A-4" to By-law 2024- , passed this day of , 2024 A.D.
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Page110
Attachment 3 to
PDS-020-24
If this information is required in an alternate format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131
The Corporation of the Municipality of Clarington
By-law Number 20--
Being a By-law under the provisions of Section 34 of the Planning Act, RS.O.
1990, c. P.13, as amended, to amend By-law 2005-109, as amended, with
respect to certain lands located at 3061 Regional Road 20, 7465 Thompson
Road, 1640 Concession Road 10, 10057 Regional Road 57 and 3086 Regional
Road 20.
Whereas the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 2005-109, as amended, of the Corporation of the
Municipality of Clarington for ZBA2023-0013;
Now therefore the Council of the Municipality of Clarington enacts as follows:
Schedule `E4' and 'E12' to By-law 2005-109, as amended, is hereby further
amended by changing the zone from `Aggregate Extraction (AE) Zone' to
'Agricultural ((H)A) Zone - holding' with 'MAOI (Minimum Area of Influence)'
overlay as illustrated on Schedule 'A-1' attached hereto.
2. Schedule 'E15' and 'E16' to By-law 2005-109, as amended, is hereby further
amended by changing the zone from 'Aggregate Extraction (AE) Zone' to
`Agricultural ((H)A) Zone - holding', 'Environmental Protection ((H)EP) Zone -
holding' and `MAOI (Minimum Area of Influence)' overlay as illustrated on
Schedule 'A-2' attached hereto.
3. Schedule 'E1' to By-law 2005-109, as amended, is hereby further amended by
changing the zone from 'Aggregate Extraction (AE) Zone' to `Natural Linkage
(NL) Zone', 'Environmental Protection (EP) Zone' and 'MAOI (Minimum Area of
Influence)' overlay as illustrated on Schedule `A-3' attached hereto.
4. Schedule 'E3' to By-law 2005-109, as amended, is hereby further amended by
changing the zone from `Aggregate Extraction (AE) Zone' and 'MAOI (Minimum
Area of Influence)' overlay to 'Natural Linkage (NL) Zone', 'Environmental
Protection (EP) Zone' and 'MAOI (Minimum Area of Influence)' as illustrated on
Schedule 'A-4' attached hereto.
C:\Program Files\eSCRIBE\TEMP\9564238050\9564238050..,Attachment 3 to Report PDS-020-24.docx
Page111
5. Schedule `E4' and 'E12' to By-law 2005-109, as amended, is hereby further
amended by changing the zone from `Agricultural (A) Zone', `Environmental
Protection (EP) Zone' to `Aggregate Extraction Exception 1 (AE-1) Zone' as
illustrated on Schedule 'A-5' attached hereto.
6. Schedule 'A-1', `A-2', `A-3', `A-4' and 'A-5' attached hereto shall form part of this
By-law.
7. The Holding Symbol shall not be removed until a Record of Site Condition
(RSC) has been filed in the Environmental Site Registry that indicates that the
lands are suitable for the development of sensitive land uses, to the satisfaction
of the Planning and Infrastructure Services Department.
8. 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, R.S.O. 1990, as amended.
Passed in Open Council this day of 120
Adrian Foster, Mayor
June Gallagher, Municipal Clerk
Page112
This
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Page113
This is Schedule "A-2" to By-law 2024- passed this day of , 2024 A.D.
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Page114
This is Schedule " to By-law 202 , passedthis day of .2024 A.D.
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Page115
This Is Schedule "A4" to By-law 2024- , passers this day of , 2024 A. D,
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Page116
This IS Schedule "A-V to By -laver 024- r passied this day of , 20 4A.D.
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Page117
Clarftwn
Staff Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: Planning and Development Committee
Date of Meeting: May 13, 2024 Report Number: PDS-021-24
Submitted By: Carlos Salazar, Deputy CAO, Planning and Infrastructure Services
Reviewed By: Trevor Pinn, Deputy CAO/Treasurer Resolution #:
Authored by: Karen Richardson, Manager, Development Engineering
File Number: 18T-89012
By-law #:
Report Subject: Newtonville Estates Phase 2, Plan 40M-2458 Assumption By-law
Recommendation:
1. That Report PDS-021-24, and any related delegations or communication items, be
received;
2. That the Deputy CAO of Planning and Infrastructure Services be authorized to issue a
"Certificate of Acceptance" for the Final Works, which includes final stage roads and
other related works constructed within Plan 40M-2458:
3. That the draft By-law (Attachment 2) to Report PDS-021-24, be approved: and
4. That all interested parties listed in Report PDS-021-24 and any delegations be advised
of Council's decision
Page118
Municipality of Clarington
Report PDS-021-24
Page 2
Report Overview
This report concerns Newtonville Estates Phase 2. It requests Council's permission to
approve a by-law to assume certain streets within Plan 40M-2458 as public highways.
1. Background
The Subdivision Agreement
1.1 The Corporation of the Municipality of Clarington entered into a Subdivision Agreement
registered on May 23, 2007, with 1044960 Ontario Ltd. to develop lands by plan of
subdivision, located in Newtonville and described as Plan 40M-2458 (Attachment 1).
The agreement required the developer to construct all roadworks, including hot -mix
paving, street trees, a storm drainage system, a storm drainage facility, and streetlights.
These works were completed and accepted by the Deputy CAO of Planning and
Infrastructure Services through provisions in the Subdivision Agreement
The Subdivision Agreement provides for
1.2 Initial Works:
These works were issued a "Certificate of Completion" and a subsequent `Certificate of
Acceptance' by the Deputy CAO of Planning and Infrastructure Services.
1.3 Street Lighting System:
These works were issued a "Certificate of Completion" and subsequent "Certificate of
Acceptance" by the Deputy CAO of Planning and Infrastructure Services.
1.4 Storm Water Management System:
Not Applicable
1.5 Final Works:
These works, which include all surface works such as curb and gutter, sidewalk, hot mix
paving, boulevard works, and street trees, were issued a `Certificate of Completion'
dated October 1, 2014. This initiated a one (1) year maintenance period, which expired
on October 1, 2015. The Works were re -inspected at that time, and all deficiencies have
now been rectified to the satisfaction of the Deputy CAO of Planning and Infrastructure
Services.
Page119
Municipality of Clarington
Report PDS-021-24
2. Proposal
Page 3
2.1 A by-law is required to permit the Municipality to assume certain streets within Plan
40M-2458 as public highways. The proposed by-law may be found as Attachment 2 to
this report.
3. Financial Considerations
3.1 Upon assumption of the subdivision, the Municipality will assume the infrastructure
assets. Once assumed by the Municipality, the repair, maintenance, and replacement
are the responsibility of the Municipality of Clarington.
3.2 The operational costs, including winter control, will be included in the Municipality's
operating budgets.
4. Concurrence
This report has been reviewed by the Deputy CAO of Planning and Infrastructure who
concurs with the recommendation.
5. Conclusion
It is respectfully recommended that Council pass the By-law found as Attachment 2 to
this report. Following its passage, the Municipal Solicitor will register it with the Land
Registry Office.
Staff Contact: Karen Richardson, Manager of Development Engineering, 905-623-3379 ext.
2327 or krichardson@clarington.net.
Attachments:
Attachment 1 — Key Map
Attachment 2 — By -Law to Report PDS-021-24
Interested Parties:
The following interested parties will be notified of Council's decision:
Frank Veltri, 1044990 Ontario Ltd.
Page120
Attachment 1
Ito PDS-021-24
PAYNES CRESCENT
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J:\Engineerinq\Attachments\Attachments Post ESRI Upqrade\40M-2458.mxd
Attachment 2 to
PDS-021-24
If this information is required in an alternate format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
The Corporation of the Municipality of Clarington
By-law 2024-XXX
Being a By-law to establish, lay out and dedicate certain lands as public highways in the
Municipality of Clarington, to assume certain streets within the Municipality of Clarington
as public highways in the Municipality of Clarington, and to name them.
Now therefore the Council of the Municipality of Clarington enacts as follows:
That the blocks shown on Plan 40M-2458, and listed below in this section, being
in the Municipality of Clarington, in the Regional Municipality of Durham, is hereby
established, laid out, and dedicated by The Corporation of the Municipality of
Clarington as public highway:
Block 21 (0.3m Reserve)
2. That the streets and blocks shown on Plan 40M-2458, and listed below in this
section, being in the Municipality of Clarington, in the Regional Municipality of
Durham, are hereby accepted by the Corporation of the Municipality of Clarington
as public highways, and assumed by the said corporation for public use:
Charles Tilly Cresent
Block 21 (0.3m Reserve)
Passed in open Council this xx day of May, 2024.
Adrian Foster, Mayor
June Gallagher, Municipal Clerk
Page122
Clarftwn
Staff Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: Planning and Development Committee
Date of Meeting: May 13, 2024 Report Number: PDS-022-24
Submitted By: Carlos Salazar, Deputy CAO, Planning and Infrastructure Services
Reviewed By: Trevor Pinn, Deputy CAO, Finance and Technology
Authored by: Tyler Robichaud, Planner II
Resolution Number:
File Number: SBA-2023-001
By-law Number:
Report Subject: An Application by Brookfield Residential to amend Sign By-law 2009-123
to permit an oversized promotional construction sign at 1350 Courtice
Road.
Recommendations:
1. That Report PSD-022-24, and any related delegations or communication items, be
received;
2. That one promotional construction sign be permitted, measuring 7.9 metres in height
and 17.8 square metres in display area, in accordance with all other applicable
provisions of the Sign By-law 2009-123, at the southeast corner of the subject lands
Municipally known as 1350 Courtice Road;
3. That the application to amend the Sign By-law submitted by Brookfield Residential
be approved and that the Sign By-law contained in Attachment 1 to Report PSD-
022-24 be approved; and
4. That all interested parties listed in Report PSD-022-24, and any delegations be
advised of Council's decision.
Page123
Municipality of Clarington
Report PDS-022-24
Report Overview
Page 2
The purpose of this amendment to Sign by-law 2009-123 is concerning a proposed
Promotional Construction Sign to be erected on property owned by Brookfield Residential,
located at 1350 Courtice Road, Courtice. The proposed amendment specifically addresses
the maximum height and sign area regulations currently permitted in by-law 2009-123. The
proponents are seeking approval for a sign with a height of 7.9 metres from grade to the to
the top of sign, and a signage area of 17.8 square metres, in contrast to the by-law which
allows a maximum height of 7.5 metres and a sign area of 6.0 square metres.
1. Background
1.1 On November 3rd, 2023, Brookfield Residential c/o Elizabeth Vezos applied to amend
Sign by-law 2009-123 to permit a promotional construction sign with a height of 7.9
metres and an area of 17.8 square metres. The subject property is vacant and owned
by Brookfield Residential; at the time of writing this report, no development applications
have been received for the subject lands.
1.2 The sign by-law amendment is for a promotional construction sign on a vacant
agricultural parcel of land that seeks permission to increase the permitted sign height
and the sign face area which are regulated within sign by-law 2009-123. The maximum
permitted height of a promotional construction sign is 7.5 metres, and the maximum sign
area is 6.0 square metres.
1.3 A sign by-law amendment justification brief was submitted by the applicants January
12th, 2024.
2. Land Characteristics and Surrounding Uses
2.1 The subject property is a future development site within the urban settlement boundary
of Courtice. The lands are currently zoned Agricultural (A) and are within the Courtice
Transit -Oriented Community (CTOC) Secondary Plan. These lands are adjacent to the
GO Bus Terminal (Courtice GO Station) and directly surrounded by agricultural
properties.
Page124
Municipality of Clarington
Report PDS-022-24
F v�,16
Page 3
Proposed S
Location
Figure 1 — Subject property and proposed sign location
Page125
Municipality of Clarington
Report PDS-022-24
20'
9,6..
Brookf ieldHomes.ca
Figure 2 — Proposed promotional construction sign
Page 4
Page126
Municipality of Clarington Page 5
Report PDS-022-24
3. Financial Considerations
Not Applicable.
4. Staff Comments
4.1 Promotional Construction Signs are for advertising future construction and/or
development and may include the name of the project, the name of firms and personnel
related to the project. A maximum of one (1) promotional construction sign is permitted
on a property. Promotional construction signs shall be removed within thirty (30) days of
the completion of the project and will be removed from the subject lands post -
development.
4.2 The location of the proposed promotional construction sign will have no adverse Impact
on traffic or safety. The surrounding lands are predominantly agricultural, and the
increased sign size will not introduce obstructions or safety hazards to the surrounding
land uses. The proposed sign will be subject to a sign permit and reviewed by planning
staff to ensure the sign is placed in an appropriate location subject to the regulations
within Sign by-law 2009-123. The placement and size of the sign is to enhance visibility
from the nearby GO bus terminal (Courtice GO Station), increasing exposure for a new
future Brookfield Residential community at that location. The proposed sign follows a
clean and simple design, displaying only relevant information ensuring that it is
aesthetically pleasing and does not contribute to visual clutter. The emphasis on
simplicity aligns with Brookfield Residential's commitment to maintaining a visually
appealing and harmonious community environment.
4.3 Provisions of the Municipal Act allows council to authorize amendments to the sign by-
law, in the opinion on council, if the general intent and purpose of the by-law is
maintained.
5. Concurrence
This report has been reviewed by the Deputy CAO, Planning & Infrastructure Services
who concurs with the recommendations.
6. Conclusion
It is respectfully recommended that the amendment (Attachment 1) to Sign By-law
2009-123 to permit a promotional construction sign, measuring 7.9 metres in height and
with a display area of 17.8 square metres, at the southeast corner of 1350 Courtice
Road, be approved.
Page127
Municipality of Clarington
Report PDS-022-24
Page 6
Staff Contact: Tyler Robichaud, Planner II, 905-623-3379 x 2420 or
TRobichaud(@clarington.net .
Attachments:
Attachment 1 — Sign By-law Amendment
Interested Parties:
There are no interested parties to be notified of Council's decision.
Page128
Attachment 1 to
PDS-022-24
The Corporation of The Municipality of Clarington
By -Law No. 2024-
being a by-law to amend By-law 2009-0123, the Sign By-law for the
Corporation of the Municipality of Clarington
Whereas the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 2009-0123, as amended, of the Municipality of Clarington in
accordance with application SBA 2023-0001 to permit a promotional construction sign
with a height of 7.9 metres and area of 17.8 square metres at the southeast corner of
1350 Courtice Road;
Now therefore be it resolved that the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Section 9 — EXCEPTIONS BY AMENDMENT is hereby amended by inserting the
following new subsection:
"9.30 Notwithstanding Section 7.10 and 7.11 to this By -Law, a promotional
construction sign measuring 7.9 metres in height and 17.8 square
metres in display area is permitted, in accordance with all other
applicable provisions of the By-law, at the southeast corner of 1350
Courtice Road, Courtice.
By-law passed in open session this day of , 2024
Mayor Adrian Foster, Mayor
June Gallagher, Municipal Clerk
Page129
Municipality of Clarington
Planning and Development Committee Meeting
Resolution #:
Date: May 13, 2024
Moved by: Councillor Traill
Seconded by: Councillor Anderson
WHEREAS the Municipality of Clarington approved the Housing for All strategy in 2020
with a commitment to enabling more housing options and supply across the full housing
spectrum; and,
WHEREAS Clarington's population is forecasted to grow by 106% to 221,000 people by
2051; and,
WHEREAS in March 2023, Clarington Council approved a commitment to the Ontario
government's Housing Pledge that included a provincially mandated housing target for
Clarington of 13,000 units by 2031; and,
WHEREAS the Municipality of Clarington currently permits "as -of -right" building permits
for up to 3 residential units on a lot; and,
WHEREAS the Municipality of Clarington would like to provide more affordable housing
options by reducing unnecessary barriers to low-rise buildings and therefore help
preserve Clarington's "small town feel";
WHEREAS Bill 23 amended the Planning Act to create a new provincial threshold for
what is permitted and moving toward "as -of -right" zoning to meet planned minimum
density targets; and
WHEREAS the Municipalities of Kitchener, Waterloo, Barrie and Missisauga have all
passed by-laws similar to what is being proposed in Clarington;
Therefore, be it resolved:
That Staff BE DIRECTED to propose a zoning by-law amendment that would permit "as -
of -right" permissions for up to four (4) residential units on a property wherever zoning
permits single detached, semi-detached or street townhouse dwelling units on sufficient
lot sizes and report back to Council in Q4 2024. The implementing zoning by-law shall
address criteria such as servicing capacity to support the proposed units, parking and
the character of the neighbourhood; and
That Staff BE DIRECTED to propose a zoning by-law amendment that would permit up
to four (4) storeys in low -density neighbourhoods.
Page130