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HomeMy WebLinkAbout04-02-24Clar*wn Council Post -Meeting Agenda Date: April 22, 2024 Time: 6:30 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: Michelle Chambers, Legislative Services Coordinator, at 905-623-3379, ext. 2101 or by email at mhhmmbers@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 video record of Council meetings. If you make a delegation or presentation at a Council meeting, the Municipality will be recording you and will make the recording public by publishing the recording 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 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. Council Agenda April 22, 2024 Pages Call to Order 2. Moment of Reflection 3. Land Acknowledgement Statement 4. Declaration of Interest 5. Announcements 6. Presentations / Delegations *6.1 Chris Barnett, Osler, Hoskin & Harcourt LLP, regarding Item 6.12 - 7 Report CAO-002-24 - The Perfect Storm - Impact of Provincial Changes on our Community (Correspondence from Chris Barnett, Osler, Hoskin & Harcourt LLP, on behalf of Southeast Courtice Landowners Group Inc., the South West Courtice Landowners Group Inc. and the Courtice TOC Landowners Groups Inc. Attached) *6.2 Robert Webb, Group Manager - Brookhill North Landowners Group, 11 Webb and Co. Limited, regarding Item 6.12 - Report CAO-002-24 - The Perfect Storm - Impact of Provincial Changes on our Community (Correspondence from Robert Webb, Group Manager - Brookhill North Landowners Group, Webb and Co. Limited Attached) *6.3 Scott Waterhouse, Planning Manager, GHD, regarding Item 6.12 - 16 Report CAO-002-24 - The Perfect Storm - Impact of Provincial Changes on our Community (Correspondence from Scott Waterhouse, GHD on behalf of the Southeast Courtice Landowners Group, Attached) *6.4 Scott Waterhouse, Planning Manager, GHD, regarding Item 6.12 - 21 Report CAO-002-24 - The Perfect Storm - Impact of Provincial Changes on our Community (Correspondence from Scott Waterhouse, GHD on behalf of the North Village Secondary Plan Landowners Group, Attached) Page 2 Council Agenda April 22, 2024 *6.5 Bonica Leung, Tribute Communities, regarding Item 6.12 - Report CAO- 25 002-24 - The Perfect Storm - Impact of Provincial Changes on our Community (Correspondence from Bonica Leung, Tribute Communities, Attached) *6.6 Jessica Caldwell, Vice President, Land and Housing, Brookfield 47 Properties, regarding Item 6.12 - Report CAO-002-24 - The Perfect Storm - Impact of Provincial Changes on our Community (Correspondence from Jessica Caldwell, Vice President, Land and Housing, Brookfield Properties, Attached) *6.7 Billy Tung, Partner, KLM Planning, regarding Item 6.12 - Report CAO- 51 002-24 - The Perfect Storm - Impact of Provincial Changes on our Community (Correspondence from Billy Tung, Partner and Ian Franklin, Senior Partner KLM on behalf of of 2056421 Ontario Inc. (Redwood Properties), Attached) *6.8 Stacey Hawkins, Durham Region Homebuilders Association, regarding 58 Item 6.12 - Report CAO-002-24 - The Perfect Storm - Impact of Provincial Changes on our Community (Correspondence from Stacey Hawkins, Executive Officer, Durham Region Home Builders' Association, Attached) *6.9 Ryan Guetter, Executive Vice President, Weston Consulting, regarding 63 Item 6.12 - Report CAO-002-24 - The Perfect Storm - Impact of Provincial Changes on our Community (Correspondence from Ryan Guetter, Executive Vice President, Weston Consulting submitted on behalf of the Bowmanville East (Soper Hills) Landowners Group Inc., within the Soper Hills Secondary Plan Study Area (SHSP), Attached) 7. Consent Agenda 7.1 Council and Standing Committee Minutes 7.1.1 Minutes of the Regular Council meeting dated March 25, 2024 69 7.1.2 Minutes of the General Government Committee meeting dated 83 April 8, 2024 *7.1.2.1 Correspondence regarding Item 6.12 - Report CAO- 002-24 - The Perfect Storm - Impact of Provincial Page 3 Council Agenda April 22, 2024 7.2 Changes on our Community 7.1.2.1.1 Beth Kelly, President, Valiant Group 94 7.1.2.1.2 Lee English, Borden Ladner Gervais LLP on behalf 96 of 2056421 Ontario Inc. Redwood Properties 7.1.2.1.3 James Maclnnis and Ashley Maclnnis, City Homes 99 *7.1.2.1.4 Anthony Biglieri, Managing Partner and Mark 100 Jacobs, Associate, The Biglieri Group on behalf of the Durham Region Home Builders' Association *7.1.2.1.5 Andrew Jeanrie, Partner, Bennett Jones, on behalf 104 of Minto Communities Inc. *7.1.2.1.6 Victoria Mortelliti, Senior Manager, Policy and 106 Advocacy, Building Industry and Land Development Association (BiLD) *7.1.2.1.7 Signe Leisk, Cassels Brock & Blackwell LLP, on 108 behalf of Durham Region Home Builders' Association *7.1.2.1.8 Signe Leisk, Cassels Brock & Blackwell LLP, on 110 behalf of Brookfield Residential *7.1.2.1.9 Mustafa Ghassan, Delta Urban, Group Manager on 112 behalf of the Southeast Courtice Landowners Group and Courtice TOC Landowners Group *7.1.2.1.10 Bryce Jordan, Planning Lead, GHD on behalf of the 126 Southwest Courtice Landowners Group *7.1.2.1.11 Eddy Chan, Delpark Homes 127 *7.1.2.2 MEMO-002-24 - Clarification Update on The Perfect 129 Storm Report (Item 6.12 - Report CAO-002-24 - The Perfect Storm - Impact of Provincial Changes on our Community) *7.1.2.3 Correspondence from Jeff Goldman regarding Item 131 6.10 LGS-016-24 - Site Alteration By-law Update Advisory Committee and Local Board Minutes Page 4 Council Agenda April 22, 2024 7.3 7.4 7.5 7.2.1 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated February 20 and March 26, 2024 7.2.2 Minutes of the Clarington Agricultural Advisory Committee meeting dated March 14, 2024 7.2.3 Minutes of the Newcastle Arena Board meeting dated March 19, 2024 7.2.4 Minutes of the Clarington Heritage Committee dated March 19, 2024 7.2.5 Minutes of the Tyrone Community Hall Board meeting dated March 20, 2024 7.2.6 Minutes of the Bowmanville Santa Claus Parade Committee meeting dated March 20, 2024 Communications 7.3.1 Jim Gorry, Lightcaster Brewery and Taphouse regarding a request to a approve a By The Glass Endorsement Staff Reports and Staff Memos By-laws 7.5.1 2024-015 - Being a by-law to adopt the estimates of all sums required during the year, to strike rates and levy taxes for municipal purposes for the year 2023 and to provide for the collection thereof 7.5.2 2024-016 - Being a by-law to authorize Clarington to invest its money and investments that it does not require immediately in the Prudent Investor Program of ONE Joint Investment Board ("ONE JIB") pursuant to section 418.1 of the Municipal Act, 2001 (Item 6.5 of the General Government Committee Minutes dated April 8, 2024) 7.5.3 2024-017 - Being a by-law to regulate the placing or dumping of fill, removal of topsoil, and the alteration of the grade of land (Item 6.10 of the General Government Committee Minutes dated April 8, 2024) 136 147 150 152 154 156 157 Page 5 Council Agenda April 22, 2024 7.5.4 2024-018 - Being a by-law to amend the Traffic and Parking By- law 2014-059, as amended (Item 6.11 of the General Government Committee Minutes dated April 8, 2024) 8. Items for Separate Discussion 9. Business Arising from Procedural Notice of Motion - -- -- - -- --- - - -- - ----- -- - - - - - -- -- WFOPOR ----- ---- - - ---- - 10. Unfinished Business 11. Confidential Items 12. Confirming By -Law 13. Adjournment Page 6 From: no-redy(cklarinaton.net To: ClerksExternalEmail Subject: New Delegation Request from Barnett Date: April 18, 2024 12:11:28 PM EXTERNAL A new delegation request has been submitted online. Below are the responses provided: • Subject Agenda Item 7.1.2 - CAO Report 002-24 • Action requested of Council Not approve Recommendation 3 • Date of meeting 4/22/2024 • Summarize your delegation Letter submitted to Clerk summarizing concerns • Have you been in contact with staff or a member of Council regarding your matter of interest? No • Report number (if known) CAO 002-24 • Will you be attending this meeting in person or online? Online • First name: Chris • Single/Last name Barnett • How to pronounce your name: Chris Barnett • Firm/Organization (if applicable) Osler, Hoskin & Harcourt LLP Page 7 • Address • Town/Hamlet Toronto • 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] Osler, Hoskin & Harcourt LLP Box 50, 1 First Canadian Place Toronto, Ontario, Canada M5X 1B8 416.362.2111 MAIN 416.862.6666 FACSIMILE Toronto April 18, 2024 Montr6al Calgary Sent By Electronic Mail Ottawa Office of the Municipal Clerk / Vancouver Legislative Services Municipality of Clarington New York 40 Temperance Street, 2nd Floor Bowmanville, ON L1C 3A6 Dear Mayor and Members of Council: RE: April 22, 2024 Council meeting Agenda item 7.1.2 Report CAO-002-24 OSLEIZ Chris Barnett Direct Dial: 416.862.6651 CBamett@osler.com Our Matter Number: 1231398 We are counsel to the Southeast Courtice Landowners Group Inc., the South West Courtice Landowners Group Inc. and the Courtice TOC Landowners Groups Inc. (collectively the "Groups"). Together, the Groups own the majority of the lands within the South Courtice area that are projected to deliver 9,172 of the 13,423 units that are included in the Municipality's Housing Target pledge' by 2031. Our clients have reviewed with concern staff report CAO-002-24 (the "Report"). If Council adopts Recommendation 3 of the Report, the ability of the Groups to deliver much needed housing to meet Clarington's Housing Target will be significantly impaired. We understand that the Report was added late to the Agenda and was presented at the April 8, 2024 General Government Committee (GGC) meeting, with little notice, limiting the ability of affected stakeholders to comment. Recommendation 3 suggests that no further development approvals be given prior to a Fiscal Impact Assessment being completed. This would include development application approvals within secondary plans that are approved and in force, and would include applications that are in conformity with, and implement, those in force plans. This recommendation is based on the incorrect premise that Clarington is potentially facing a 50% reduction of parkland as a result of legislative changes initiated by the provincial government in Bill 23. The requirements for parkland are clearly established by the Planning Act, as amended by Bill 23. The maximum rate set by law for residential development is either 5% of the land included in a plan of subdivision or 1 hectare for 600 units proposed. If a municipality has in place a parkland by-law that applies higher dedication rates than are in the Act, then the maximum rates in the Act apply. ' Report PDS-0090-23 Page 9 osler.com OSLEIZ Page 2 Contrary to the claims made in the Report, all members of the Groups and landowners within the Southeast Courtice Secondary Plan area (which is singled out in the staff report) are meeting their parkland requirements by including parkland at the 5% rate, which was unchanged by Bill 23. This includes parkland that is already draft plan approved,2 as well as applications for draft plan approval that have been made and staff have confirmed they are satisfied with the parkland proposed.' The map on page 13 of the staff report shows the park that is the subject of a draft plan application by Tribute (Courtice) Limited as being "removed", despite the fact that an application has been filed clearly showing the parkland in the approved location. The suggestion that 50% of the parkland will be lost based on the Bill 23 changes does not take into consideration the fact that most greenfield plans of subdivision use the unchanged 5% rate. It is also based on an inaccurate and misleading representation of what is actually being proposed by members of the Groups. On behalf of the Groups, we urge Council to not pause the consideration or approval of development applications, and not approve Recommendation #3. The approval of that Recommendation will almost certainly lead to appeals being filed to the Ontario Land Tribunal, which will lead to increased costs and delay in the delivery of needed housing. Yours truly, Chris Barnett Partner CB:s c: Southeast Courtice Landowners Group Southwest Courtice Landowners Group Courtice TOC Landowners Group LEGAL 1:85862952.1 2 Tribute (King Street) Limited (SC-2021-007) — 1.64 hectare Neighbourhood Park 3 Tribute (Courtice) Limited (SC-2021-006)— 1.13 hectare Neighbourhood Park Page 10 From: no- replv(cbclarinaton.net To: ClerksExternal Email Subject: New Delegation Request from Webb Date: April 18, 2024 10:06:43 AM EXTERNAL A new delegation request has been submitted online. Below are the responses provided: • Subject General Governance Committee - CAO Report 002-24 • Action requested of Council Not adopt report Recommendation #3 • Date of meeting 4/22/2024 • Summarize your delegation To speak on behalf of the Brookhill North Landowners Group as its Group Manager to present why report recommendation #3 should not be adopted. • Have you been in contact with staff or a member of Council regarding your matter of interest? No • Report number (if known) CAO Report 002-24 • Will you be attending this meeting in person or online? In person • First name: Robert • Single/Last name Webb • How to pronounce your name: Robert Webb Page 11 Firm/Organization (if applicable) Webb + Co Limited • Job title (if applicable) Group Manager - Brookhill North Landowners Group • Address • Town/Hamlet Toronto • 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 12 WEBB + CO April 17, 2024 Mayor and Members of Council Municipality of Clarington 40 Temperance Street Bowmanville, ON UC 3A0 Dear Mayor Foster and Members of Council Subject:General Government Committee — CAO Report 002-24 Brookhill North Landowners Group We are the Group Manager for the Brookhill North Landowners Group (the BN Landowners) who own the majority of the developable land in the portion of the Brookhill Community generally north of the future extension of Longworth Avenue. We are writing with respect to Report CAO-002-24 entitled The Perfect Storm - Impact of Provincial Changes on our Community (Perfect Storm Report) Through a cooperative effort lead by Clarington Staff and supported by the BN Landowners, financially and through dialogue, Clarington adopted the updated Brookhill Neighbourhood Secondary Plan in May of 2021. Since that time the BN Landowner members have entered into a cost sharing agreement, have been working cooperatively with each other and with Clarington staff and Region of Durham staff to advance plans and hopefully to soon bring new housing to the Community. With this in mind we are writing to express two concerns with respect to the Perfect Storm Report. First, given the cooperative approach which the BN Landowners have taken when working with Clarington Staff, the BN Landowners are disappointed that such a report would be delivered to Committee without advanced notice and communication and dialogue with the developers and builders in Clarington, who are directly and significantly affected by the recommendations in the report. Second, the BN Landowners respectfully request that Recommendation 3 in the report, which requires Fiscal Impact Assessments for all Secondary Plans (inclusive of those completed) prior to further approvals being granted, not be adopted. The recommendation deals particularly with two concerns - DC revenues and parkland. in the case of DC revenues, the concern expressed in the report has since been addressed by the province rolling back the provisions of Bill 13 which required a discounted phase in period for DCs. In the case of parkland in Brookhill North, the attached lettter from the BN Landowners' planner confirms that the amount of parkland required, will slightly exceed that set out in the land use schedule of the Brookhill Secondary Plan, with that exceedance to be made up by the developers with additional parkland or cash -in -lieu contributions. Rather than putting a moratorium on approvals, we recommend that Clarington staff work with the BN Landowners and other landowner groups to develop plans and agreements (including if appropriate a Master Parks Agreement), which meet legislative and other requirements in an expeditious manner, to facilitate the timely delivery of Page 13 1 WEBB + CO houses in the community and when they are developed, for them to be brought forward for Council's consideration. We are available to discuss this submission and request. The undersigned can be reached at 674-407-1967 or rwebb@webbco.ca. Yours truly, WEB2tW CO IMT D /obrebb Group Manager Brookhill North Landowner Group 2 Page 14 65 Sunray t reet, Whitby, Ontario UN 8Y3 Canada ghd.com Our ref: 11156515 April 16, 2024 Municipality of Clarington Office of the Municipal Clerk Attention: Members of Council April 8, 2024 General Government Committee -- CAO Report 002-24 Brookhill North Landowners Group Dear Mayor Foster and Members of Council: We are the planning consultants for the Brookhill North Landowners Group (the Landowners Group), a landowners group who collectively own the majority of the land located within the north half of the Brookhill Secondary Plan (the Secondary Plan). On behalf of the Landowners Group, we are writing in response to CAO Report 002-24 which was recently presented al: the April 8, 2024 Clarington General Government Committee Meeting. More specifically, we are writing to address the park dedication status of the Secondary Plan Area north of Longworth Avenue. The Staff Report gives the impression that all Secondary Plan Areas will be deficient in parkland dedication due to the reduction of the alternative parkland requirement in Bill 23 from 1 hectare per 300 units to 1 hectare per 600 units. Firstly, we note that the alternative requirement only applies to development blocks with greater than low density development. The majority of parkland dedication within the Brookhill Secondary Plan, will continue to be based on 5% of the land area. Secondly, it is not appropriate to apply the Planning Act parkland dedication requirements to individual parcels in an area which has a cost sharing agreement, The only way to provide for larger parks beyond an individual developer's obligation is through a Cost Sharing Agreement between the developers and a Master Parks Agreement between the Landowners Group and the Municipality. In the case of the Brookhill North development area, under a Master Parks Agreement scenario, our calculations show about 3.9 hectares of park land would be provided (in accordance with the land use schedule of the Brookhill Secondary Plan). And the Landowners Group's parkland obligation under the Planning Act would be about 4.1 hectares. This would provide all of the parkland required to implement the Secondary Plan and result in additional cash - in -lieu or other parkland contributions from the landowners to Clarington. Therefore, for the Brookhill Secondary Plan, there are no fiscal impacts on the Municipality related to the provision of parks that merit the further delay of development approvals. Regards Bryce Jordan, RPP Planning Lead +1 905 429-4966 bryce.jordan @ ghd.com The Power of Commitment Page 15 GILD From: no- replv(cbclarinaton.net To: ClerksExternal Email Subject: New Delegation Request from Waterhouse Date: April 18, 2024 1:56:32 PM EXTERNAL A new delegation request has been submitted online. Below are the responses provided: • Subject CAO Report 002-24 • Action requested of Council Not endorse staff recommendation's • Date of meeting 4/22/2024 • Summarize your delegation Clarify and correct information in the staff 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. Mayor Foster • Report number (if known) CAO Report 002-24 • Will you be attending this meeting in person or online? In person • First name: Scott • Single/Last name Waterhouse • Firm/Organization (if applicable) GHD Page 16 • Job title (if applicable) Planning Manager • Address • Town/Hamlet Whitby • 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 17 65 Sunray Street Whitby, Ontario UN 8Y3 Canada www.ghd.com Our ref: 11148794 April 18, 2024 Municipality of Clarington Office of the Municipal Clerk Attn. Members of Council April 8, 2024 General Government Committee - CAO Report 002-24 Southeast Courtice Landowners Group Dear Mayor Foster and Members of Council We are the planning consultants for the Southeast Courtice Landowners Group (SECLOG), a landowners group who collectively own the majority of the land located within the Southeast Courtice Secondary Plan (The SECSP). On behalf of the SECLOG we are writing in response to CAO Report 002-24 which was recently presented at the April 8, 2024 Clarington General Government Committee meeting. More specifically, we are writing to address and correct some of the park dedication information provided in the report pertaining to the SECSP. CAO Report 002-24, specifically page 11 under the heading `Southeast Courtice Secondary Plan — a Visual of Potential Loss', indicates that some developers within the Secondary Plan are demanding that their park allocations be reduced, implying that reduced park sizes are being proposed through development applications and hence providing less park area than required in the Secondary Plan. Section 4.13 of the CAO report continues that `Figure 5 shows the potential loss of parkland within the SECSP area based on the new parkland rates under the Planning Act. Without intervention, the Municipality has the potential to lose a minimum of 8.5 hectares of parkland within the SECSP area, ultimately eliminating all five parkettes and 3 neighbourhood parks." This statement implies that landowners within the SECSP have suggested to staff that park sizes in their respective draft plan of subdivisions are or will be reduced. This is inaccurate and misleading. For context, the policies of the SECSP provides a Neighbourhood Park size range between 1.5 hectares and 3.0 hectares. The policies of the Secondary Plan also clarify that the exact size of parks are to be determined at the time of development application review. We can confirm that each of the participating Landowner Group members with active development review applications with Clarington (either in pre -consultation review stage or draft plan approved) are providing neighbourhood park sizes consistent with the noted policies of the Secondary Plan. These applications and park sizes are summarized below: • Tribute (Courtice) Limited (SC-2021-006)— 1.13 hectare Neighbourhood Park (Note that this park size has been formally reviewed and accepted by Clarington Planning staff) • Tribute (King Street) Limited (SC-2021-007) — 1.64 hectare Neighbourhood Park (draft approved) • Brookfield Residential (Ontario) Limited — 1.4 hectare Neighbourhood Park • Minto Communities Inc. (SC-2022-0012) — 1.5 hectare Neighbourhood Park • Redwood Properties — 1.89 hectare Neighbourhood Park 4 The Power of Commitment age I d GHD In summary, as applicable to active SECSP development applications, the policies of the SECSP require a minimum of 7.5 hectares of neighbourhood park area and these applications collectively are providing 7.56 hectares of neighbourhood park. Based on this information, the statements in the staff report that the landowners are seeking reduced park areas less than the policies of the SECSP is inaccurate. Further, the CAO report does not delineate between participating and non -participating landowners in the SECSP area and does not illustrate the significant land area that has no active development application with the Municipality. Figure 5 of the staff report identifies 'removed parkland (eligible for development)' on lands in the north-east quadrant of the SECSP area that are not part of the SECLOG and do not have active development applications with the Municipality. Figure 5 also includes the existing Courtice Memorial Park, which is owned by the Municipality as a 'removed parkland'. Figure 5 is inaccurate and does not accurately reflect the parklands that are being provided, the existing municipal park and the future parks. To better explain this information, the attached park review chart illustrates the anticipated area of each park in the SECSP, the area of each park in active development applications and the anticipated future park areas for non -participating lands. This chart confirms that the overall park areas exceed the minimum park areas required in the SEC Secondary Plan. In conclusion, the participating landowners with active applications with Clarington are providing the park sizes consistent with the policies of the SECSP. Regards, 10�00WM��� Scott Waterhouse, RPP Planning Manager +1 905 429-4999 scott.waterhouse@ghd.com Copy to: SECLOG C/O Delta Urban Page 19 11148794 1 Letter to Clarington re. CAO Report 002-24 2 Southeast Courtice Parkland Ft:view 4/17/2024 based on active MnimumparksizeperSECourtice development Parkland anticipated to be ParklD Park Type Secondary Ran (Ha.) application(Ha.) provided in thefuture (Ha.) Total Park Areas (Ha.) #1 (TdbuteCourtice) NF 1.5 1.13 #2 (Tdbute Hng Street) NF 1.5 1.64 #3 (Brookfield) NF 1.5 1.4 #4 (MntoCommunities) NF 1.5 1.5 #5 (Redwood Properties) NF 1.5 1.89 #6 F 0.5 0.5 # 7 F 0.5 0.5 # 8 P 0.5 0.5 #9(BdstingCourticeMemorial Park, includes expansion) NP 2.14 2.14 # 10 F 0.5 0.5 # 11 NF 1.5 1.5 # 12 F 0.5 0.5 # 13 NF 1.5 1.5 15.14 7.56 7.64 Total Breakdown: Mn. size per Secondary Ran Active Development To be provided in the future Applications Neighborhood Parks (Active Dev.Applications) 7.50 7.56 0.00 Neighborhood Parks (Future Dev. Applications) 3.00 0 3.00 BdstingCM Park (incl. future expansion) 2.14 0 2.14 Total neighborhood Park 12.64 7.56 5.14 Total Parkettes 2.50 0.00 2.50 2 1- Sandringham Drive i.L--- I , II 1 1 1 'a I 'I m ce c 1 5 1 �71 15.20 Total Park Areas 7.56 3 2.14 12.7 2.50 a r r •. 61a or Strect ••• Caurtioc Road �..r..�A(D­6K -j rr.r ScheduleB-Transportation, Parks and Open Space Southeast Caurtica Secondary Plan - �rvegroo�rmwPary * .-. ® FSMrvx Page 20 From: no- replv(cbclarinaton.net To: ClerksExternal Email Subject: New Delegation Request from Waterhouse Date: April 18, 2024 2:16:28 PM EXTERNAL A new delegation request has been submitted online. Below are the responses provided: • Subject CAO Report 002-24 • Action requested of Council not adopt staff recommendation no. 3 • Date of meeting 4/22/2024 • Summarize your delegation provide north village secondary plan specific information • Have you been in contact with staff or a member of Council regarding your matter of interest? No • Report number (if known) CAO report 002-24 • Will you be attending this meeting in person or online? In person • First name: Scott • Single/Last name Waterhouse • Firm/Organization (if applicable) GHD / North Village Landowners Group • Job title (if applicable) Planning Manager Page 21 • Address • Town/Hamlet Whitby • Postal code • Email address: • Phone number 9057675545 • 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 22 65 Sunray Street Whitby, Ontario L1 N 8Y3 Canada www.ghd.com Our ref: 11220074 April 18, 2024 Municipality of Clarington Office of the Municipal Clerk Attn. Members of Council April 8, 2024 General Government Committee - CAO Report 002-24 North Village Secondary Plan Landowners Group Dear Mayor Foster and Members of Council We are the planning consultants for the North Village Landowners Group (NVLOG), a landowner's group who collectively own the majority of the land located within the North Village Secondary Plan (NVSP). On behalf of the NVLOG we are writing in response to CAO Report 002-24 which was recently presented at the April 8, 2024 Clarington General Government Committee meeting. More specifically, we are writing to express significant concern with the recommendations presented in the staff report and request that the recommendations as presented in the staff report not be adopted by Clarington Council. Of particular concern is staff recommendation No. 3 which requires a further Fiscal Impact Assessment for all Secondary Plans (inclusive of those completed) and further Council report prior to any further secondary plan approvals. Page 9 of the staff report references twelve Secondary Plans, either `approved' or 'in progress', with the NVSP being one that is `in progress'. The NVSP was commenced in 2019 and a statutory public meeting to present a draft secondary plan was held in June 2023 at Clarington Council. To this point, the NVSP is nearing completion after a number of years of background studies, technical review and significant public engagement. While specific examples are not provided, the staff report suggests that developers in certain secondary plan areas have requested that the Planning Act is followed regarding park dedication requirements. While there are not yet any development applications for the NVSP, we believe this approach to be entirely reasonable. However, we note that the future park dedication requirements for the NVSP have been established by a Park Dedication Memorandum of Understanding / Agreement between the landowners and the Municipality in 2012. This 2012 agreement establishes clear agreement between the Municipality and the landowners regarding park dedication. The CAO report is suggesting an updated Fiscal Impact Analysis for all Secondary Plans, including the NVSP. This will only unnecessarily delay the approval of the NVSP and will not change the pre -determined park dedication requirements for the NVSP as established by the 2012 Park Dedication MOU / Agreement. On behalf of the NVLOG, we urge Clarington Council to not adopt the staff recommendations and not delay any further Secondary Plan approvals. Further delays in the processing and approval of the NVSP is unnecessary and a further Fiscal Impact Assessment will not change the pre -determined park dedication requirements for the NVSP. The Power of Commitment Page 23 GHD Regards, Scott Waterhouse, RPP Planning Manager +1 905 429-4999 scott.waterhouse@ghd.com Copy to: NVLOG age 24 11220074 1 Letter to Clarington re. CAO Report 002-24 2 April 17, 2024 Municipality of Clarington Office of the Municipal Clerk 40 Temperance Street, Bowmanville ON L1C 3A6 Attn. Mayor Adian Foster and Members of Council Re: Response to the April S, 2024, General Government Committee — CAO Report 002-24 Tribute (King Street) Limited (File: S-C-2021-0007 & ZBA2021_0017) Tribute (Courtice) Limited (File: S-C-2021-0006 & ZBA2021-0016) Riley Park Developments Inc. ("Riley Park 1") (File: S-C-2021-0005 & ZBA 2021-0015) Riley Park Developments Inc. ("Riley Park 2") (File: SC-2022-0003 & ZBA 2022-0006) Tribute (Prestonvale) Limited (File: SC2022-0002 & ZBA2022-0003) On April 8, 2024, CIarington brought forward a report titled "The Perfect Storm — Impact on Provincial Changes on our Community" at the General Government Committee (Report No. CAO-002-24). This report was not originally part of the General Government Committee Agenda and Tribute was only made aware of this report until after it was presented at the Committee Meeting. Tribute owns various landholdings in the Southeast and Southwest Courtice Secondary Plan Area and has active development applications currently underway. We have reviewed this report and would like to take this opportunity to offer the following comments: Figure 5 of the report is a mapping of the Southeast Courtice Secondary Plan showing potential loss of parkland. We question the methodology and approach in determining how potential parkland was lost. Our Tribute (Courtice) subdivision is located at the northwest quadrant of Bloor Street and Trulls Road and the Figure identified a block within our property as "Removed Parkland (Eligible for Development)" as per the legend. This information is inaccurate, as the block that was identified as `removed parkland' was in fact the location of our proposed park block (1.13 hectares) shown on our proposed draft plan of subdivision. The park block sizing and location has been agreed upon by Clarington, confirmed through email correspondences on April 5 and April 17, 2023 (Attachment 1). We are concerned with the inaccurate information provided with respect to our Tribute (Courtice) subdivision. In addition, the existing city -owned W&D Courtice Memorial Park was also shown on Figure 5 as "Removed Parkland (Eligible for Development)". We kindly ask that this Figure and any subsequent reports on this matter be corrected to appropriately reflect our development proposal and any existing parkland. • Recommendation Item No. 3 and Section 4.6 of the report mentioned that: "a Fiscal Impact Assessment be undertaken for all Secondary Plans (inclusive of those completed) to understand the full impact of the legislative changes on each, in particular parkland and DC revenues, and report back to Council prior to any further approvals (inclusive of development application approvals). " Tribute communities 1815 Ironstone Manor, Unit 1, Pickering, Ontario L1W 3W9 905-839-3500 infoemytribute.ca www.mytribute.ca P 25 no "Staff are not in a position to negotiate away parkland that has been approved by Council and importantly, reviewed and commented on by the public. As such, any changes within active development applications in approved Secondary Plans would need to be re- evaluated and sent back for public consultation. This would be in addition to the requirement for Council to approve the proposed changes. " Currently Tribute has four (4) subdivision applications in the SE Courtice Secondary Plan Area (known as Tribute King, Tribute Courtice, Riley Park 1 and Riley Park 2). Amongst these applications, Tribute King and Tribute Courtice includes a park block within the development proposal. Tribute also has one (1) draft plan in the Southwest Courtice Secondary Plan (known as Tribute Prestonvale) that includes a park block in the subdivision proposal. All the Tribute properties had been through formal public consultations. Public engagement remains a crucial aspect in ensuring accountability and transparency in legislative planning process and therefore should not be deviated or discarded. We have concerns about the potential freeze in development application approvals as outlined in our comments below: Tribute (King Street Limited This property is in the Southeast Courtice Secondary Plan. This subdivision plan has been draft approved and signed on October 12, 2023 with engineering submissions well underway. The subdivision for Tribute (King Street) Limited includes a park block of 1.64 hectares aligns with the requirements outlined in the Secondary Plan and exceeds the current legislative parkland dedication requirements post Bill 23 (Attachment 2). We are of the opinion that the recommendations within the CAO Report 002-24, do not impact existing approved draft plans of subdivision. Enormous time and effort have been invested to derive at the current stage of the project, and we have housing commitments to our purchasers which further emphasizes the need to keep projects moving forward. Tribute Courtice Limited This property is in the Southeast Courtice Secondary Plan. The initial submission of the draft plan in October 2022 includes a proposed park block of 1.60 hectare on the west side of Street A (future Granville Drive) and across from the proposed school block. Upon Clarington's request, the park was relocated to the east of Street A adjoining the school block. This revision resulted in a park size of 1.13 hectares, which has been accepted by Clarington in email correspondences on April 5 and April 17, 2023 (Attachment 1). The proposed park sizing of 1.13 hectares aligns with the requirements outlined in the Secondary Plan and exceeds the legislative parkland dedication requirements post Bill 23 (Attachment 2). Based on this, there should be no pause in continuing to process this development application. Tribute (Prestonvale Limited) This property is in the Southwest Courtice Secondary Plan. The subdivision plan includes a proposed park block of 2.17 hectares, which aligns with the requirements outlined in the Secondary Plan and exceeds the legislative parkland dedication requirements post Bill 23 (Attachment 2). There should be no reason for a pause by staff to continue processing this application. Tribute communities 1815 Ironstone Manor, Unit 1, Pickering, Ontario L1W 3W9 905-839-3500 info @mytribute.ca www.mVtribute.ca � P e 26 loJV� Riley Park 1 & Riley Park 2 Both properties are in the Southeast Courtice Secondary Plan, According to the land use mapping, the Secondary Plan does not require any park blocks within these two properties. There should be no pause in the processing of these subdivision files, as there are no park blocks proposed in these plans of subdivision and that parkland will be dedicated via cash -in -lieu based on the alternative rate at the appropriate time. Overall, Attachment 2 provides a summary of our calculations on Tribute's parkland obligations based on the above development proposals. Our combined total parkland calculation for all five projects aligns with the requirements in the Secondary Plan and exceeds the overall legislative parkland dedication requirement post Bill 23. • Item 2.3 in the report states that "Bill 23 also introduced parkland / cash -in -lieu for residential develo ment which results in a parkland dedication reduction dependent on density,densLty, of a minimum of 50 percent ". The above statement in the CAO report is somewhat misleading. According to the calculations in Attachment 2, the parks that Tribute is proposing are within the requirements of the current legislation and in general conformity with the Southeast and Southwest Courtice Secondary Plans. Conclusion: While we understand Clarington's challenges with respect to providing parkland, there are many aspects of the CAO report that are inaccurate and should be revised to reflect existing parks and active development applications. In the process of preparing this letter, Tribute also received an email from Clarington on April 15, 2024, confirming that staff will continue to process Tribute's applications under circulation (Attachment 3). We take in confidence that our applications will continue to be processed as promised. We ask that Section 4.6 and Recommendation No. 3 in the report which requires Fiscal Impact Assessments for all Secondary Plans (inclusive of those completed) prior to approvals being granted, not be adopted. Thank you for the opportunity to comment. Should you have any questions, please do not hesitate to contact the undersigned. Yours Director, Land Tribute (King Street) Limited Tribute (Courtice) Limited) Tribute (Prestonvale) Limited Riley Park Development Inc. Encl. Tribute o Eo communities 3 1815 Ironstone Manor, Unit 1, Pickering, Ontario L1W 3W9 905-839-3500 infoOmytribute.ca www.mytribute.ca � P 27 loJW�l Cc Carlos Salazar — Municipality of Clarington Amanda Tapp - Municipality of Clarington Rob Maciver - Municipality of Clarington Louise Foster — Tribute Communities Trevor MacKenzie — Tribute Communities Documents enclosed: Attachment 1: E-mail Correspondence confirming Tribute (Courtice) park sizing. Attachment 2a: Parkland Calculation Summary Sheet Attachment 2b to 2e: Detailed Parkland Calculation & corresponding draft plans of subdivision Attachment 3: E-mail from Clarington confirming applications will continue to be processed. Tribute arEa communities 1815 Ironstone Manor, Unit 1, Pickering, Ontario L1W 3W9 905-839-3500 info@mytribate.ca www.mytribute.ca P no28 Bonica Leung From: Tapp, Amanda <ATapp@clarington.net> Sent: April 17, 2023 6:03 PM To: Louise Foster Cc: Bonica Leung; Tapp, Amanda; Salazar, Carlos Subject: RE: [External] Tribute - Update (Park shuffle and sales trailer) Attachments: RE: Tribute (Courtice) Limited - Parkland shuffle Good afternoon Louise, I hope you're doing well and had a fantastic weekend. I just wanted to follow up with you about two things. School Block Configuration • Carlos and I concur with the proposed reconfiguration as described in the attached e-mail. Sales Trailer Given the timing needed for comments from Planning and Agencies to proceed with a recommendation report on May 8t", it is unrealistic to proceed with this date. We expect a response from Andrew at Gladki in the coming days. Once received I will send to your group and we can schedule a meeting. However, we note that this impedes the ability to remove the holding on the sales trailer. As a result, Carlos and I have agreed to proceed with removal of the holding symbol prior to draft approval. We will still aim for the June date, however this gives everyone a bit of time to continue to process. Please note as the appeal period was only over last week on the delegation of authority OPA, we are just establishing the new process for Carlos to pass by-laws. Please be patient and give us a week or so to establish a process. We will be in touch. A removal of holding application is required to be submitted and we will proceed with the application with our new procedure. I hope these seem reasonable to you. Talk soon, Amanda Tapp (she/her), MCIP, RPP Manager, Development Review Planning and Infrastructure Services Municipality of Clarington 40 Temperance Street, Bowmanville, ON L1 C 3A6 905-623-3379 ext. 2427 1 1-800-563-1195 www.clarington.net My working hours may be different from yours, please do not feel obligated to reply to me outside of your working hours. Page 29 Cjajrft"n Connect WI#h Us: MOD Page 30 Bonica Leung From: Bonica Leung <bonica.l@mytribute.ca> Sent: April 13, 2023 3:53 PM To: Louise Foster; Salazar, Carlos; Tapp, Amanda Cc: Bryce Jordan Subject: RE: Tribute (Courtice) Limited - Parkland shuffle EXTERNAL Hi Carlos and Amanda, Further to the email Louise sent on April 5th, I wish to follow-up on your review & approval our revised park block configuration. We look forward to hearing from you, much appreciated. Bonica Leung Director, Land Development Tribute �Y[ communities 1815 Ironstone Manor, Unit 1 Pickering, Ontario L1W 3W9 Business Line: 905.839.3500 x 430 Mobile: (437) 992-7263 Email: bonica.l@mytribute.ca Website: www.mytribute.ca Follow us on Twitter: El This transmission (including any attachments) may contain confidential information, privileged material (including material protected by the solicitor -client or other applicable privileges), or constitute non-public information. Any use of this information by anyone other than the intended recipient is prohibited. If you have received this e-mail in error, please immediately reply to the sender and delete this information from your system. Use, dissemination, distribution, or reproduction of this transmission by unintended recipients is not authorized and may be unlawful. From: Louise Foster <louise.f@mytribute.ca> Sent: Wednesday, April 5, 2023 12:39 PM To: csalazar@clarington.net; Amanda Tapp (ATapp@clarington.net) <ATapp@clarington.net> Cc: Bonica Leung <bonica.l@mytribute.ca>; Bryce Jordan <bryce.jordan@ghd.com> Subject: Tribute (Courtice) Limited - Parkland shuffle Importance: High Good afternoon Carlos and Amanda Hope all is well with both of you. Page 31 As you will recall, we have been discussing with Clarington the location of the park and school site within the Tribute (Courtice) Limited lands for at least 3 years. Both Tribute and GHD are of the opinion that the proposed location of the park adjacent the valley system meets the intent of the Southeast Courtice Secondary Plan and the Official Plan (with the location being accepted by the School Board). However, it is still your opinion that you would rather have the park connected with the proposed school site. Based on our meeting March 8 we have looked at Riley Park 1 and Tribute (Courtice) lands and shifted the park to the east side of Street A. The relocation reduces the number of lots and reduces the size of the park. Although the park block has reduced from 1.6 ha to 1.13ha, it is connected to the school site and has road access from Street A and Street B. I have attached the following: • Original Draft Plan of Subdivision plan October 2021 • Revised Draft Plan of Subdivision dated March 28 2023 (includes lotting on former Blk 166, increased Bloor St ROW as per Durham and reduction of land due to 2.Om of land transferred to Elston) • Parkland Calculations based on October 2021 plan and March 2023 plan and Planning Act obligations. Please review the plan and the associated calculations and provide us with comments. We would like to discuss the revised location of the park at our monthly Clarington meeting Thursday April 6 and if Clarington has any comments, I would appreciate discussing them tomorrow. Look forward to hearing from you. Louise Foster Vice -President, Land Development, Tribute Communities Tribute communities 1815 Ironstone Manor, Unit 1 Pickering, Ontario L1W 3W9 Business Line: 905.839.3500 x346 Cell: 647-530-7189 Email: louise.f@mytribute.ca Website: www.mytribute.ca Follow us on Twitter: 0 This transmission (including any attachments) may contain confidential information, privileged material (including material protected by the solicitor -client or other applicable privileges), or constitute non-public information. Any use of this information by anyone other than the intended recipient is prohibited. If you have received this e-mail in error, please immediately reply to the sender and delete this information from your system. Use, dissemination, distribution, or reproduction of this transmission by unintended recipients is not authorized and may be unlawful. Page 32 Summay of Tribute's Parkland Calculation In response to CAO Report 002-24 Prepared on: 2024-04-17 Parkland Min. Park size per SE or SW Provided (Ha) Secondary Plan (Ha.) Tribute (King Street) 1.64 1.50 Tribute (Courtice) 1.13 1.50 Riley Park 1 0 0.00 Riley Park 2 0 0.00 Tribute(Prestonvale) 2.17 1.50 Total 4.94 4.50 Detailed calculations are shown on Attachments 2b - f Attachment 2a POST BILL 23 Difference Required (Ha) Secondary Plans vs. Post Bill 23 1.16 0.34 1.10 0.40 0.21 -0.21 0.58 -0.58 1.40 0.10 4.44 0.06 Page 33 Tribute (King Street) Limited Attachment 2b Analysis: Parkland Calculation In response to CAO Report 002-24 Prepared on: 2024-04-17 Notes: * Clarington has established a Parkland By-law No. 2022-043 under the Planning Act * Bill 23 further implements changes to the Parkland -By-law Formulas: via land (for residential developments)= Residential land @ 5%or 1 Ha / 600 units (*as per Bill 23) -whichever is greater via land (for mixed use developments)= 1 ha / 600 units (*as per Bill 23) on the residential portion only via Cash In Lieu payment = 1 ha / 1000 units (*as per Bill 23) x appraised land value Bill 23 max. amount of land conveance or Cash In Lieu = * Capped at 10%of the land or its value for sites under 5 Ha; and * Capped at 15%for sites greater than 5 Ha FINAL approved Draft Plan,,1, Oct. 2023 Sign emc riiEmcEMCEW �nr� rrinnrtu�lr (YlrCalculatioAW Calculation baud on Clarin¢ton Parkland by-law, Plannin¢ Al—d! Bill 23. Residential portion (balance of the plan) - total sub. Are - .an care - corridor blocks ®I MIMI �— POST BILL 23 DRAFT PLAN IGEOGRAPHICrTO"SHIP r t INGTONI MUNICIPALITY OF CLARINGTON W.I PgLI OF p1I. WM1I L 15P19 al PARx VEE *1iS • A 1.M —a— -there are no townhouses within the regional corridor block Residential 1 Ha / 600 units Calculation: Area (Ha) NDA@ 5% (*as per Bill 23) Residential portion- balance ofthe plan 13.05 0.65 or 0.36 but cannot exceed Reeional Corridor portion 4.24 not applicable 0.51 but cannot exceed Bill 23 (Sites-1 ha: Max SO%Cap ) or (Site>1 ha: Max 15%cap) Total Required (Ha) 0.65 0.51 2.59 1.16 SUMMARY Total Parkland Required (Ha) 1.16 Proposed Parkland (Hal 1.64 Difference (Hal 0.48 Page 34 ® oo� �e��"e�$= " she` Fa - LU e O Ci O S m z r=¢ e 99 C Q N LL F_ w m w _kk'�€ S €43 Z J z O} S w z m o Yap m og o Y tao a oF° °� ,'_ `z_' o m w� 9igaq� I jJ+ W CO 8 H o^may Q <z q ® 8 <, x i i i LL vo n R w4" a z° z z g° m .- w�y� s�&tee=� a °>>w aa9ws 0000,o _ rc iz LLu m zrc d Fppk7 `� ® F yF a a 0 Z B W Se e� ���_ r F i '� < Y z m; <° E E E E < oc3 §"g yJ` 5 is �0: ` 5 a`3$'g§ rc ° g4ie 0 ,p'sI 4$ N J _ 1 s Via€ k g� =lp g v It ' � B _ka➢8 s pppp ---------- ----- -- S�R 1 � _ _ w _. �� se .cw n{m .w pax � R • � BFAIMOMPOOO HIM, MORE 9emmu' Page 35 Tribute (Courtice) Limited Analysis: Parkland Calculation In response to CAD Report 002-24 Prepared on: 2024-04-17 Notes: • Clarington has established a Parkland By-law No. 2022-043 under the Planning Act • Bill 23 further implements changes to the Parkland -By-law Formulas: via land (for residential developments)= via land (for mixed use developments)= via Cash In Lieu payment = Bill 23 max. amount of land conveance or Cash In Lieu = GHD Updated concept - Februray 23, 2024 (3rd resubmission) • we have relotted the school block to increase in size as per school board • The park block size remains at 1.13 Ha. • To maintain the same park configuration, we did a relotting in the subdivision plan ` We also filled in the lots in the 'low density' block with our breezeway products Our calculations Statistics: Area (Ha) Units Total Sub. Area 31.18 354 <-- Includes 2 part lots Open Space Blk 11.77 Corridor Block 1.62 111 Street towns within the Corridor Block designation 0.89 43 Residential portion (balance of the plan) =total sub. Area - 200 open space - corridor blocks & townhouses within it. Park block 1.13 POST BILL 23 Attachment 2c PROPOSED DRAFT PLAN CIF SUBDIVISION OF - RAW OF LOTS 31 8 32 CCNCESSION 2 MUNICIPALITY OF CLARINGTON REGIONAL MUNICIPALITY OF DURHAM SGHE➢ULE OF LAND USES: - LMDENSITYRESIDENTIAL LOTS UXITB 1.I s•- E9 69 pETACXEG pH£LLMGSI - `tt.e•mewxiwt;Es- 88 IIS IoXTAcxeo owerrGsl +11a•m FRGXTAGES - 18 36 - ISExFOErAcxm OslEra�cal TOTAL A LOTSIUNITS RES DE Nr1AL IS5 173 V88 AREAIi�] _ fl1m8T 'TGWNHGUS9 15&18B 1.37 ReLocx 1N 111 1.62 PART LOTSn�R� 170-171 if ON TOTAL UNITS!AREA 179 3117 ha TCTALAREA RESIDENTIAL S52 Sao ha LAND USE BLOCKS aRull.s] SERVICING BLOCK 172 0.08 POND 173 1.50 SCHCOL 174 238 PARK 175 1.13 OPEN SPACE 17E 11.77 WALKWAY BLOCK 177 Q04 ROADWIDENING 178.181 1.fe TOTAL AREA 18.0e ha ROADS 4.4 AR 4" 8.5- II.S m R.O.W LAN EWAY 95 0.10 MM mR.O.W. 108 0.17 18A m R.O.W. 6.53 1.20 200 m R.O.W. 894 182 MA m R.O.W. 402 0.93 TOTAL LE NGTH !AREA Z152 4.22 ha TOTALAREAOFSUBMISeUGN 31.18 ha Bill 23 Residential NDA@ 1 Ha / 600 units (Sites I ha: Max 10%cap) or Total Required Calculation: Area (Ha) 5% (-as per Bill 23) (Site>5 ha: Max 15%cap) (Hal Residential portion- balance of the plan 16.90 0.845 or 0.33 but cannot exceed 0.85 Regional Corridor portion 2.51 not applicable 0.257 but cannot exceed 0.26 2.91 1.10 SUMMARY Total Parkland Required (Ha) 1.10 Proposed Parkland (Ha) 1.13 Difference (Ha) 0.03 Page 36 Page 37 Tribute (Prestonvale) Limited Analysis: Parkland Calculation Attachment 2d In response to CAD Report 002-24 Prepared on: 2024-04-17 Notes: * Clarington has established a Parkland By-law No. 2022-043 under the Planning Act * Bill 23 further implements changes to the Parkland -By-law Formulas: via land (for residential developments)= Residential @ 5%or 1 Ha / 600 units (*as per Bill 23) - whichever is greater via land (for mixed use developments)= 1 ha / 600 units (*as per Bill 23) on the residential portion only via Cash In Lieu payment = 1 ha / 1000 units (*as per Bill 23) x appraised land value Bill 23 max. amount of land conveance or Cash In Lieu = * Capped at 10% of the land or its value for sites under 5 Ha; and * Capped at 15%for sites greater than 5 Ha Calculation based on Clarington Parkland by-law, Planning Act and Bill 23. Total Sub. Area 31.63 453 Open Space Blk 4.86 Med. Density Residential portion 2.13 98 Residential portion (balance of the plan) =total sub. Area - open space - med-density portion. 24.64 355 Park block 2.17 PROPOSED COMBINED PLAN CON -ON 2 MUNICIPALITY OF CLARINGTON REGIONAL MUNIGIPALITY OF DURHAM aGNEDpLE O-ND USES .a., Re�IDe s, at ■"� a2�'�� „a „a ,t „ a. „a PARr- aLpGN �N c--there are 98 townhouses within this designation POST BILL 23 Bill 23 Residential 1 Ha / 600 units (*as (Sites <5 ha: Max 10%cap) or Total Required Calculation: Area (Ha) NDA@ 5% per Bill 23) (Site>5 ha: Max 15%cap) (Ha) Residential portion - balance of the plan 24.64 1.232 or 0.59 but cannot exceed 1.23 Med. Density Residential Portion 2.13 not applicable or 0.16 but cannot exceed 0.16 4.02 1.40 SUMMARY Total Parkland Required (Ha) 1.40 Proposed Parkland (Hal 2.17 Difference (Ha) 0.77 Page 38 z a ols =a w e U m KAZP tl F 5 Z 2 1 Li O o a T W a J 0 LL 9_ z m zo W IL wZc Ou 2OU °°o i » mWyaino may 0O xN� OmowwZiO Fa°o .E u z oo 'o §��yc d d 'e�a` iA` 6R d n34 I yE$ `+ . Y Es @ o eHS m Oda tm E 21 0 i Page 39 Riley Park Developments Inc. ("Riley Park 1") Analysis: Parkland Calculation Attachment 2e In response to CAO Report 002-24 Prepared on: 2024-04-17 Notes: * Clarington has established a Parkland By-law No. 2022-043 under the Planning Act *Bill 23 further implements changes to the Parkland -By-law Formulas: via land (for residential developments)= Residential @ 5%or 1 Ha / 600 units (*as per Bill 23) -whichever is greater via land (for mixed use developments)= 1 ha / 600 units (*as per Bill 23) on the residential portion only via Cash In Lieu payment = 1 ha / 1000 units (*as per Bill 23) x appraised land value Bill 23 max. amount of land conveance or Cash In Lieu = * Capped at 30%of the land or its value for sites under 5 Ha; and * Capped at 15%for sites greater than 5 Ha 3rd resubmission -Jan 24, 2024 pOPD ME -- --- --------'rl ASSUMED MCADOWGLADE ROAD ALIGNMENT STREET o " i s U ¢ED H ED Q Statistics: Area I its Total Sub. Area 4.81 89 Open Space Bilk 0.59 Corridor Block 0 0 no -- ne proposed Residential portion (balance of the plan) Total area- open space - corridor block. 89 Park block 1 0.00 1 1< none proposed POST -BILL 23 DRAFT PLAN f�EaGAarBic TownaB�e or oARc�Braorvl MUNICIPALITY OF CLARINGTON Bill 23 Residential @ 1 Ha / 600 units (Sites <5 ha: Max 10% cap) or Total Required Calculation: Area (Ha) 5% (*as per Bill 23) (Site>5 ha: Max 15%cap) (Ha) Residential portion - balance of the plan 4.220 0.211 or 0.15 but cannot exceed 0.21 Regional Corridor portion 0 not applicable 0 but cannot exceed 0.00 0.422 0.21 SUMMARY Total Parkland Required (Ha) 0.21 Proposed Parkland (Ha) 0.00 Difference (Ha) -0.21 Page 40 1,� _z • ."s.� <�a gem � ��, r 3$�� �E `$ � ��� E W�� gel O O J i q 9c 3 F �:§�S Y°, < •B� J sry "4✓�''- Z LL w 0 a w e F w = - d o° is a '� '� "@HI ¢ LL ° W O Z ° e_1. i a z o H E E E F 4 fi 3 G 5 £ p gg `u �?ip 1 ° 1S 1 6 R 5 $ & & s §c § g53 m � si#ia -- p a a li lom 3133211S � � 9 332! S � IW; a .m r M n O133iI1S -' R •H 133J Itl 13321 S 13381S �� p I' 5gg 4 a Q - _ 5g o 1332115 qH 4 4� ` a r c � $ i s B O O O N W y ¢� O Page 41 Riley Park Developments Inc. ("Riley Park 2") Analysis: Parkland Calculation In response to CAO Report 002-24 Prepared on: 2024-04-17 Notes: * Clarington has established a Parkland By-law No. 2022-043 under the Planning Act * Bill 23 further implements changes to the Parkland -By-law Formulas: via land (for residential developments)= via land (for mixed use developments)= via Cash In Lieu payment = Bill 23 max. amount of land conveance or Cash In Lieu = KLM draft plan, March 11, 2022 (1st Submission) CI PALIN ORINGTONF CLA V ONAL MUNICIPALITY OF DURIIAM Calculation baud on Clarington Parkland by-law. Planning Act and Bill 23. Attachment 2f Residential land @ 5%or 1 Ha / 600 units (*as per Bill 23) -whichever is greater 1 ha / 600 units (*as per Bill 23) on the residential portion only 1 ha / 1000 units (*as per Bill 23) x appraised land value * Capped at 10%of the land or its value for sites under 5 Ha; and * Capped at 15%for sites greater than 5 Ha SCHEDULE OF LAND USE TOTAL AREA of W D TO BE SUBDIVIDED - 9.100t Ho. (22.486—) SINGLE DETACHED DWELDNGS a-- — uwrs .— SEMI-DETACHED DWELLINGS TOWNHOUSE D—INGS 6Lotx6 6a-14 12 66 1.16a 2a14 TOTAL Nr1TC LEVATONa ROATED TO Total Sub. Area 9.1 342 Open Sace Blk 1.32 Corridor Block 2.987 202 Residential portion (balance of the plan) =total sub. Area - open space - corridor block. 4793 140 Park block 0.00 -# of units estimated by Cassidy's Preliminary Scheme within the Planning Justification Report by GHD dated March 2022. POST BILL 23 Bill 23 Residential 1 Ha / 600 units (Sites <5 ha: Max SO%cap) or Calculation: Area (Ha) NDA@ 5% (*as per Bill 23) (Site>5 ha: Max 15%cap) Total Required (Ha) Residential portion- balance ofthe plan 4.793 0.240 or 0.233 but cannot exceed 0.240 Regional Corridor portion 2.987 not applicable or 0.337 but cannot exceed 0.337 TOTAL 1.167 0.576 SUMMARY Total Parkland Required (Hal 0.576 Proposed Parkland (Ha) 0.00 Difference (Ha) -0.576 Page 42 z O cD Nz = m zQ Ouzo oU)I�I v) w 0 CD 0 > U z_ oz�m� m�U�Q� U z U n � 0-) u O ��z z O U Q I = J 0 Q n Q � � CD U z Qm0zCD mQww oa_O"5m U - Q= U O o - H II w O O - �� p � w g Z aaa�aaa` as w - o = op -i CCgt C< aL: N ` U s�� Y p- Z ZooSoo3Co O :3 °-� N Q° JJ- g Zo ° ono° - °o } g rho a d oo o<ao o Ma$m<p� yI j U� N a� N isa N �' w0 _ "< "<�a �7 O _ U o Y N N O_° _» N o s t z° wZm'R LU cl z O O O Ln O bS '°N OVOa 1tlN01`J321 OV021 3J1121NOJ SV NMON`I M.a£,BCblry � ' Mj§ YO o P 9 IM q� 9 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - d 133b1$ Page 43 M,0£,BCb IN I o'll Attachment 3 Bonica Leung From: Salazar, Carlos <csalazar@clarington.net> Sent: April 15, 2024 3:26 PM To: Trevor Mackenzie; Tapp, Amanda Cc: Jones, Morgan; Ryan, Tim; Bonica Leung; Steve Deveaux; Richardson, Karen; Backus, Lisa Subject: RE: [External] CAO Report - The Perfect Storm Trevor, buenas tardes, I hope all is well. Confirming that yes, staff will continue to process Tribute's applications under circulation. Hasta pronto Carlos Carlos Salazar MCP, MCIP, RPP Deputy CAO, Planning & Infrastructure Services Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1 C-3A6 905-623-3379 ext 2402 csalazar@clarington.net From: Trevor Mackenzie <trevor.m@mytribute.ca> Sent: Thursday, April 11, 2024 7:51 PM To: Tapp, Amanda <ATapp@clarington.net> Cc: Salazar, Carlos <csalazar@clarington.net>; Jones, Morgan <MJones@clarington.net>; Ryan, Tim <TRyan@clarington.net>; Bonica Leung <bonica.l@mytribute.ca>; Steve Deveaux <steve.d@mytribute.ca>; Richardson, Karen <KRichardson@clarington.net> Subject: Fwd: CAO Report - The Perfect Storm EXTERNAL Good evening Amanda, Further to the staff report that was heard at the General Government Meeting and the email below, I am looking for confirmation that the applications that Tribute currently has is circulation with staff are going to continue to be processed. This includes the following: Tribute (Courtice) Limited - Draft Approval Riley Park 1 -Draft Approval Riley Park 2 - Draft Approval Tribute (Prestonvale) Limited - Draft Approval Tribute (King Street) Limited, Regional Corridor Blocks - Zoning Bylaw Amendment As I am sure you are aware both our Riley Park projects do not contain any park lands to be conveyed. The Tribute Courtice project has a park block that was previously approved by yourself and Carlos prior to any updated circulations. The overall park size for the Tribute King project was sized to account for the park requirements for the Regional Corridor Blocks and the Tribute Prestonvale project is over dedicated in park land. Page 44 Given the above we are of the opinion that there should be no reason to not be actively processing these files or putting them on a "hold". I request your confirmation that these will continue to be processed. Your prompt attention and response is appreciated. Regards, Trevor MacKenzie Tribute Communities 647-205-4992 Begin forwarded message: From: "Tapp, Amanda" <ATapp@clarington.net> Date: April 11, 2024 at 3:13:38 PM EDT Subject: RE: CAO Report - The Perfect Storm Good Afternoon, You are receiving this e-mail since you have an active development application or have had a Stage 1 or 2 pre -consultation meeting on lands within an active or approved Secondary Plan area in Clarington. At Monday's General Government Committee of Council meeting, a staff report regarding the fiscal impacts of development after Bill 23 on our community, in particular parkland dedication was presented, and the resolution was passed unanimously. Please see the attached report. One of the first steps is to retain a municipal financial consultant to undertake the fiscal impact analysis of Secondary Plans and individual applications as outlined in the resolution. Please read the attached report and if you have any suggestions on how to address Council's concerns, please let us know. In the interim, any questions related to Secondary Plans should be directed to Lisa Backus and any questions related to development applications should be directed to Amanda Tapp. Kind Regards, Amanda Tapp (she/her), MCIP, RPP Manager, Development Review Planning and Infrastructure Services Municipality of Clarington 40 Temperance Street, Bowmanville, ON L1 C 3A6 905-623-3379 ext. 2427 1 1-800-563-1195 www.clarinaton.net Page 45 My working hours may be different from yours, please do not feel obligated to reply to me outside of your working hours. cluft"If Connect with us: 11013 CW*Wn Connect with us: 91013 Page 46 From: no- replv(cbclarinaton.net To: ClerksExternalEmail Subject: New Delegation Request from Caldwell Date: April 18, 2024 11:01:36 AM EXTERNAL A new delegation request has been submitted online. Below are the responses provided: • Subject The Perfect Storm - Impact of Provincial Changes on our Community • Action requested of Council Do not approve Recommendation #3 set forth by staff in CAO-002-24 Report • Date of meeting 4/22/2024 • Summarize your delegation Impact to Clarington if Recommendation #3 is approved by Council • Have you been in contact with staff or a member of Council regarding your matter of interest? No • Report number (if known) CAO-002-24 • Will you be attending this meeting in person or online? In person • First name: Jessica • Single/Last name Caldwell • Firm/Organization (if applicable) Brookfield Residential . Job title (if applicable) Page 47 Vice President, Land and Housing . Address • Town/Hamlet Toronto • Postal code • Email address: • Phone number • Alternate 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] Brookfield Properties April 18, 2024 Municipality of Clarington 40 Temperance Street Bowmanville, ON L1 C 3A6 Attention: Mayor and Members of Council Email to Clerks@clarington.net Re: Report CAO-002-24, The Perfect Storm - Impact of Provincial Changes on our Community Dear Mayor Foster and Members of Council, Brookfield Residential (Ontario) LP are the owners of a number of parcels of land within the Municipality of Clarington, located within the Newcastle, Southeast Courtice, and Courtice Transit -Oriented Community Secondary Plan areas. We are writing to express our concerns with Staff Report CAO-002-24 "The Perfect Storm — Impact of Provincial Changes on our Community", and request that Recommendation No. 3 be refused. We are disappointed that the Report was presented to the General Government Committee on April 8, 2024 without advance notice or consultation with the development community who are greatly impacted by the proposed recommendation related to the pausing of development application approvals. Requiring a full Fiscal Impact Assessment for all Secondary Plans (inclusive of those already completed) prior to providing any further development application approvals, results in further and unnecessary delays to the delivery of housing with the Municipality, while also putting Clarington at risk of meeting future housing targets, already committed to with the province. Bill 23 was enacted in November 2022, and since that time municipalities across the province have proceeded with the review and approval of development applications without pausing the approval of development applications and Secondary Plans. Further, the information contained in the section of the report titled "Southeast Courtice Secondary Plan — a Visual of Potential Loss" contains information that significantly misrepresents the impacts of the revised parkland dedication rates implemented through Bill 23. In our opinion, it is premature to proceed with the direction outlined in Brookfield Properties 3381 Steeles Avenue East, Suite 100, Toronto, ON, M2H 3S71 T +1 905 477-571 1 F +1 416 492 5870 brookfieldproperties. com Page 49 Recommendation No. 3 until such time as updated and factual information is presented to Council. We request that Council refuse Recommendation No. 3 in Staff Report CAO-002-24, and request that Council direct Staff to submit an updated report to Council that contains factual information on the Southeast Courtice Secondary Plan. We welcome the opportunity to work collaboratively with Staff as we continue towards the finalization of Secondary Plans and approval of development applications that Brookfield currently have within the Municipality of Clarington. Yours truly, Jessica Caldwell, VP Land Development Brookfield Properties Jessica. Caldwell(a)-brookfieldpropertiesdevelopment.com BROOKFIELD PROPERTIES 2 Page 50 From: no- replv(cbclarinaton.net To: ClerksExternal Email Subject: New Delegation Request from Tung, Franklin Date: April 18, 2024 4:52:06 PM EXTERNAL A new delegation request has been submitted online. Below are the responses provided: • Subject 1738 Bloor Street, 2056421 Ontario Inc. (Redwood Properties) Opposed to Report 6.12 CAO-002-24 • Action requested of Council Defer this item • Date of meeting 4/22/2024 • Summarize your delegation Redwood properties is providing an excess of parkland, much needed high -density residential housing and a stormwater management pond. Revisiting approved Secondary Plans, which would only result in unnecessary and further delays to the development approvals process. • 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. Amanda Tapp and Carlos Salazar • Report number (if known) 6.12 - Report CAO-002-24 - The Perfect Storm - Impact of Provincial Changes on our Community • Correspondence number (if known) 7.1.2.1 • Will you be attending this meeting in person or online? In person Page 51 • First name: 1. Billy 2. Ian • Single/Last name 1. Tung 2. Franklin • Firm/Organization (if applicable) 1. KLM Planning Partners Inc. 2. KLM Planning Partners • Job title (if applicable) 1. Partner 2. Senior Planner • Address 1. 2. • Town/Hamlet 1. Vaughan 2. Vaughan • Postal code 1. 2. • Email address: 1. 2. • Phone number 1. 2. Page 52 • Alternate phone number 1. 2. • 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 53 100- KLM PLANNING KLM File: P-2666 April 16, 2024 Clarington Council Municipality of Clarington 40 Temperance Street Bowmanville, ON L1C 3A6 Attention: Mayor Adrian Foster and Members of Council 64JARDIN DRIVE, UNITIB CONCORD, ONTARIO L41K 3P3 905.669.4055 KLMPLANNING.COM Re: The Perfect Storm - Impact of Provincial Changes on our Community Staff Report 1738 Bloor Street, 2056421 Ontario Inc. (The Preston Group) Mayor and Members of Council, KLM Planning Partners are the land use planners for 2056421 Ontario Inc. (Redwood Properties) (the "Owners") of 20.796 hectares of land legally described as Part of Lot 29 Concession 2 and municipally known as 1738 Bloor Street (the "Subject Lands"), in the Municipality of Clarington. Our client had filed development applications on December 14, 2023 to implement the Southeast Courtice Secondary Plan. We are writing this letter in response to "The Perfect Storm - Impact of Provincial Changes on our Community'' Staff Report that was presented to the General Government Committee on April 8th, 2024. An area of our client's concern revolves around staff's focus on the Southeast Courtice Secondary Plan area. The report includes a section titled "Southeast Courtice Secondary Plan - a Visual of Potential Loss" which indicates that some developers within the Southeast Courtice Secondary Plan (SECSP) area have advocated for reductions in their parkland allocations. This section is then followed by Figure 5 of the report (see Appendix A), which illustrates the potential loss of parkland based on revised parkland rates under Bill 23. We question the purpose and accuracy of this figure as it appears to include the potential removal of W & D Courtice Memorial Park, an existing City -owned park on the east side of Courtice Road, just south of the future extension of Meadowglade Road. It is important to note that the Secondary Plan contemplates the existing park to be expanded through the redevelopment of adjacent lands. We were not made aware of the Municipality's plans to remove the existing park in our recent discussions with staff in relation to its proximity to our client's proposed development application. It is stated in the report by staff that without intervention, the Municipality faces the potential loss of at least 8.5 hectares of parkland, resulting in the elimination of all five parkettes and three neighbourhood parks. We'd like to understand how staff arrived at this figure as it seems to overstate any pre -Bill 23 calculation. We wish to clarify that our client's proposed development is not in a parkland deficit nor are we requesting reductions in parkland dedication. The proposed development on the Subject Lands aims to address much -needed housing in a high - density typology, providing entry-level housing mix upfront, rather than delaying these higher density units to a later phase of the development of the Secondary Plan area. The high -density blocks proposed through the Draft Plan of Subdivision have been considered in the calculations of parkland in Page 1 of 4 Page 54 accordance with Bill 23 Requirements and Clarington's 2023 implementing Parkland Dedication By-law. The proposed development of 1,308 high density residential units is required to provide approximately 1.658 hectares of parkland dedication. Currently, the proposed development provides a total of 1.894 hectares of parkland, which is well within the range of1.5 to 3 hectares prescribed under the Secondary Plan. We are actively working with staff on the configuration of the proposed parkland, however, we are not seeking a reduction from the required parkland dedication. It's crucial to note that our proposed parkland dedication aligns with the requirements outlined in the Secondary Plan and exceeds the requirements of Bill 23. Furthermore, the Owner has revised their plans and elected to not remove or realign existing environmental features as originally contemplated. Instead, opting to leave them in situ and constructing a dry pond on their lands, which contributes to the enhancement of ecological and hydrological functions in the area. It was indicated in Section 4.6 of this report that: "Staff are not in a position to negotiate away parkland that has been approved by Council and importantly, reviewed and commented on by the public. As such, any changes within active development applications in approved Secondary Plans would need to be re-evaluated and sent back for public consultation. This would be in addition to the requirement for Council to approve the proposed changes." The suggestion to revisit all Secondary Plans, including approved plans, such as the Southeast Courtice Secondary Plan, and mandating additional public consultation through additional Official Plan Amendment process, is impractical and unnecessary in our opinion and will significantly extend the timeframes of a much needed form of housing and tenure. Public engagement remains a crucial aspect of the implementing zoning amendment process, ensuring transparency and accountability regarding any deviations from the Secondary Plan. Through extensive discussions with Municipal staff, our client has committed to providing an excess of parkland that incorporates the Municipality's essential programming needs, including a potential soccer field. While the shape and location of this park may deviate slightly from the specifications outlined in the Secondary Plan, it's important to recognize that the primary goal of the Secondary Plan is to facilitate the orderly and appropriate development of lands. In light of our client's dedication to exceeding parkland requirements and accommodating essential community amenities, we believe that minor deviations from the Secondary Plan are appropriate, particularly when they contribute positively to the overall community well-being and infrastructure. In conclusion, we urge Council to reconsider the implications and recommendations of this Staff Report and to recognize our client's commitment to providing a range and mix of much needed housing and fulfilling the parkland dedication requirements associated with the proposed development while enhancing the ecological, hydrological and recreational aspects of the surrounding community and Secondary Plan as a whole. We do not believe there is a need to revisit approved Secondary Plans, which would only result in unnecessary and further delays to the development approvals of much needed housing developments, including our clients'. Page 2 of 4 Page 55 We look forward to working with staff toward resolving these issues as our client's development applications proceed through the planning process. As the process moves forward, we kindly request that we be notified of any updates or meetings dealing with this matter. Should you have any questions or concerns regarding out comments, please do not hesitate to contact the undersigned. Thank you for your attention to this matter. Yours truly, KLM PLANNING PARTNERS INC. Billy Tung BES, MCIP, RPP Partner cc. Redwood Properties Ian Franklin, BPHIL, BURPI, MCIP, RPP Senior Planner Page 3 of 4 Page 56 APPENDIX A Municipality of Clarington Page 13 Report CAO-002-24 ,' tee.:, �E�-- -- •.-: �s�� r 1`�,i �- - R YH YLArI �➢Rl ~Rr-cioryA� �. NIGy .f� � wAyz� 1 r ❑ i 0, �. _. W=30 1 SL'fifOR'STiYEI" i 1 :L1 f High Density/Mixed Use Q Removed parkland O Special Study Area - (Regional Corridor) (Eligible for Development) r _ Boundary Low Hensi ty Residential 1�;« Emnranmrntal Constraints r s-romment intersections Mid Density Residential Schools (Regional Corridor) ® Environmental Protection Area Parks A Stormwater Management Facilities Figure 5 — Southeast Courtice Secondary Plan Showing Potential Loss of Parkland Page 4 of 4 Page 57 From: no- replv(cbclarinaton.net To: ClerksExternalEmail Subject: New Delegation Request from Hawkins Date: April 18, 2024 4:01:53 PM EXTERNAL A new delegation request has been submitted online. Below are the responses provided: • Subject CAO-002-24 - The Perfect Storm • Action requested of Council Remove Recommendation #3 from the staff report • Date of meeting 4/22/2024 • Summarize your delegation Will be speaking to report CAO-002-24 - errors in the report, the impact of stopping/pausing development, and the need for the municipality to work with the industry on these types of issues. • 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. Mayor Foster, Councillor Anderson, Councillor Woo. Tomorrow am meeting with Councillors Rang and Lloyd. • Report number (if known) CAO-002-24 - The Perfect Storm • Will you be attending this meeting in person or online? In person • First name: Stacey • Single/Last name Hawkins Page 58 • How to pronounce your name: Durham Region Homebuilders Stacey A Hawkins • Firm/Organization (if applicable) Durham Region Home Builders' Association • Job title (if applicable) Executive Officer • Address • Town/Hamlet Oshawa • Postal code • Email address: • Phone number • i ternate hone 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. N❑ • I acknowledge that the Procedural By-law Permits 10 minutes for delegations. Yes [This is an automated email notification -- please d❑ not respond] Page 59 Alk.- DURHAM REGION HOME BUILDERS' ASSOCIATION Mayor Foster & Members of Council Municipality of Clarington 40 Temperance Street Bowmanville, ON L1 C 3A6 April 18, 2024 Re: The Perfect Storm — Impact of Provincial Changes on our Community — CAO- 002-024 The Durham Region Home Builders' Association (DRHBA) represents the residential construction industry in Durham Region. DRHBA was disappointed to see that Report CAO-002-24 — The Perfect Storm — Impact of Provincial Changes on our Community was walked on at the April 8tn General Government Committee meeting, which provided no opportunity for stakeholders to review the report and prepare correspondence and/or a delegation to committee. As passing this report will not only have a substantial impact on the development industry, it will also have a severely negative impact on the overall growth of Clarington. Input from stakeholders should have been made a top priority for Council. At no time did staff reach out to us to meet or discuss these issues before preparing this report to council. These conversations could have provided insight from the building industry and provided a clear and more accurate picture of the impacts that the provincial legislation will have on growth in the Municipality of Clarington. We understand that Council relies on the expert information provided by staff to inform their decisions and their votes, which is why it is essential that these reports contain accurate information. Upon review, Report CAO-002-24 unfairly singles out the Southeast Courtice Secondary Plan, and within that section, it contains incorrect information that needs to be addressed before Council can proceed to make a decision on this issue. These errors include: In Figure 5 — Southeast Courtice Secondary Plan Showing Potential Loss of Parkland, staff have removed a park on Courtice Road that currently exists and is owned by the municipality. 1-1255 Terwillegar Avenue, Oshawa, Ontario, L1J 7A4 Alk.- DURHAM REGION HOME BUILDERS' ASSOCIATION • Also in Figure 5 — a park has been removed that has been agreed to by staff and is part of a Draft Plan of Subdivision application — which means that park will contractually be given to the municipality. • Staff have also misrepresented the math used to calculate parkland dedication by only using 1 hectare per 600 units and completely omitting the 5% dedication for low density sites. It is clear that staff and council are upset that Clarington will not be receiving the $4 million from the provincial Building Faster Fund and that provincial legislation has decreased the amount of parkland that developers are required to provide to the Municipality when using the alternative rate However, staff and council's response to essentially shut down development in Clarington as a result of provincial decisions and legislation is completely unfair not only to the development industry, but also to future residents of Clarington. The Municipality of Clarington has opportunities to finance parks through an updated development charge bylaw and a Community Benefit Charge (CBC); however neither of these avenues of funding are mentioned in the report. If Council directs staff to stop all approvals while new Fiscal Impact Assessments (FIAs) are conducted, it will essentially stop development in Clarington. Not only will this slow growth, but it will add to the cost of that growth. Delays will lead to increased housing prices in Clarington, and ultimately to an unavailability of housing stock within Clarington, contrary to the pledge that the Municipality has made to the province. At a minimum, Council needs to remove Recommendation #3 from the report and direct staff to provide a revised report that contains more accurate information. As always, the Durham Region Home Builders' Association welcomes the opportunity to work with staff and Council to work through issues as they arise. Sincerely, Stacey Hawkins Executive Officer Durham Region Home Builders' Association 1-1255 Terwillegar Avenue, Oshawa, Ontario, L1J 7A4 Alk.- DURHAM REGION HOME BUILDERS' ASSOCIATION Cc: Nick Henley, President, DRHBA Tiago Do Couto, Chair, GR Committee, DRHBA DRHBA Membership 1-1255 Terwillegar Avenue, Oshawa, Ontario, L1J 7A4 age From: no-redy(cklarinaton.net To: ClerksExternalEmail Subject: New Delegation Request from Guetter Date: April 19, 2024 3:02:11 PM EXTERNAL A new delegation request has been submitted online. Below are the responses provided: • Subject 7.1.2 - Item 6.12 - Report CAO-002-24 • Action requested of Council Reconsider recommendations from Report CAO-002-24 • Date of meeting 4/22/2024 • Summarize your delegation Council reconsider direction/recommendations from GGC and Staff Report CAO-002-24 • Have you been in contact with staff or a member of Council regarding your matter of interest? No • Report number (if known) CAO-002-24 • Will you be attending this meeting in person or online? Online • First name: Ryan • Single/Last name Guetter • How to pronounce your name: Goo -ter Firm/Organization (if applicable) Page 63 Weston Consulting • Job title (if applicable) Executive Vice President • Address • Town/Hamlet Vaughan • 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 64 WESTON Mayor and Members of Council Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C 3A6 Attn: Mayor Foster and Members of Council RE: The Perfect Storm — Impact of Provincial Changes on our Community Soper Hills Secondary Plan Area Municipality of Clarington, Ontario April 19, 2024 File 9022 Weston Consulting is the planning consultant for the Bowmanville East (Soper Hills) Landowners Group Inc., within the Soper Hills Secondary Plan Study Area (SHSP) (herein referred to as the subject lands). The SHSP area is approximately 193 hectares (477 acres) in area and is in the Municipality of Clarington, located within the Town of Bowmanville (Appendix A). It is bound by Highway 2 to the south, Lambs Road to the west, the Canadian Pacific Railway (CPR) line to the north and Providence Road and its unopened road allowance to the east. This correspondence is being provided on behalf of the landowners in response to Staff Report CAO-002-24, which was considered by the General Government Committee on April 8, 2024. A secondary plan funding agreement between the landowners and the Municipality was executed on June 14, 2019 for the completion of the Soper Hills Secondary Plan (herein referred to as "Secondary Plan" or "plan"). Over the past several years there have been numerous delays in the processing of the Secondary Plan; however, recently, there has been significant progress and advancement towards the approval of the plan. We have received a draft of the Secondary Plan and have provided comments in relation to the draft for consideration by the Municipality and their consultant team. The current expectations provided to the landowners by the Municipality and their consultant team was that in June 2024, the Secondary Plan and Zoning By-law would be adopted by Municipal Council. In addition, the Secondary Plan area can be readily serviced, by extension to infrastructure works that have commenced adjacent to the Secondary Plan. We have reviewed Staff Report CAO-002-24 "The Perfect Storm — Impact of Provincial Changes on our Community (the "Report") regarding Provincial changes to the Municipality of Clarington and have significant concerns with the recommendations put forward, in particular, Recommendation 3. We are also investigating the implications of this recommendation related to the above -noted agreement. It is our understanding that the Report was tabled at the April 8, 2024 General Government Committee Meeting and was added to the agenda as an addendum item, and with no advance notice; and accordingly, did not provide any opportunity for stakeholders or the public to respond with a delegation or provide written correspondence in relation to the matter. VAUGHAN OFFICE 1 201 Millway Avenue, Suite 19, Vaughan, Ontario, L4K 5K8 I T. 905,738,8080 westonconsulting.com Page 1 of 3 TORONTO OFFICE 1 268 Rerkelev Strut. Toronto. Ontario M5A 2X5 I T 416 640 9917 1 800 363 3558 F 905 739 9937 WEST CONSULTING TING Since 2017 the Municipality initiated a program to prepare 12 new Secondary Plans, of which only four have been completed and approved. The Soper Hills Secondary Plan is one of the 12 plans. We understand that Recommendation 3 in the Report is to halt the advancement and processing of all [emphasis added] secondary plans in order to complete a Fiscal Impact Analysis (FIA). We have significant concerns with this recommendation and strenuously oppose any delay in the processing of the Soper Hills Secondary Plan for a number of reasons. Firstly, there has already been significant delays in the advancement of the Secondary Plan, and recently, there has been renewed momentum and commitment to Council adoption in June 2024. Secondly, the approval of the Secondary Plan would allow for development within the Secondary Plan to advance in a timely manner, thereby supporting the fulfillment of much needed housing and other community uses within and would expedite and encourage delivery of housing. Thirdly, it would also support the advancement and delivery of infrastructure and other community uses and would support Development Charges revenues associated with new development. In addition, Recommendation 3 identifies reference to there being no other development application approvals within secondary plans prior to completion of a FIA. For the same reasons above, we do not support this recommendation. The effect of these recommendations would be a halting to all development approvals, which we do not support. It is also recognized that Provincial legislation, including Bill 23, must be considered and implemented by Municipalities and it is clear that much of this legislation is intended to support the timely delivery of housing to Ontarians and address housing affordability. In our opinion, any further delay in the approval of secondary plans in the Municipality will only delay provision of housing to the region. Within the Report, it notes that, as per Bill 23, the reduction of parkland dedication rates will be half and the Municipality faces the potential financial loss of 23 hectares of parkland with the current Secondary Plans and development applications. It is unclear how Municipal Staff arrived at this rate and we note that the Planning Act, as modified through Bill 23 must be met and planned for in each secondary plan. Discussions related to parkland within the Soper Hills Secondary Plan area are ongoing with Municipal Staff and the consultant team; however, ultimately, the Planning Act dictates parkland requirements, which are to be met. We are hopeful to continue to engage with Municipal Staff in relation to parkland within the secondary plan. In summary, while we appreciate the challenges that the Municipality must consider in relation to Provincial Legislation, we request that Council reconsider the direction of the General Government Committee and Staff Report CAO-002-24; and, specifically, we request that Council not adopt Recommendation 3. This will enable the expedient advancement and approval of secondary plans in the Municipality and the processing of applications therewithin, in particular the Soper Hills Secondary Plan. We request that we be notified of any further consideration by the Municipality of this matter. If you have any questions, please do not hesitate to contact the undersigned (ext. 241) or Paul Tobia (ext. 290). Yours truly, Weston/ao?t�ulting Ryan quetter, B�, MIP, RPP Executive Vice President VAUGHAN OFFICE 1 201 Millway Avenue, Suite 19, Vaughan, Ontario, L4K 5148 "j410Y."8.8080 westonconsulting.com Page 2 of 3 TORONTO OFFICE 1 268 Serkelev Street Toronto Ontario M5A 2X5 I T 416 640 9917 1 800 363-3598 F. 905 738 9937 WESTON C. Bowmanville East (Soper Hills) Landowners Group Inc. Mary -Anne Dempster, CAO, Municipality of Clarington Carlos Salazar, Deputy CAO, Planning & Infrastructure Services, Municipality of Clarington Lisa. Backus, Manager of Community Planning, Municipality of Clarington Lindsey Patenaude, Committee Coordinator, Municipality of Clarington Daniel Steinberg, Loopstra Nixon LLP Mark Flowers, Davies Howe LLP Appendix A — Landownership Map for the Soper Hills Secondary Plan VAUGHAN OFFICE ( 201 Millway Avenue, Suite 19, Vaughan, Ontario, L4K 5K8 I T. 905.738.8080 westonconsufting.com Page 3 of 3 TORONTO OFFIOF 1 268 Berkelev Street Toronto Ontario M5A 2X5 I T 416 640 9917 1 800 363 3556 F 905 738 9937 APPENDIX A L i I • • Notes: -Air Photograph from First Base Solutions Inc. Date of photography: 2019 Lot lines are approximate based on available mapping, save for Lot 6 area referenced from survey. Environmental Protection features digitized from Clarington Official Plan,Map A3, Land Use, Bowmanville Urban Area, June 2018 consolidation. The developable area is based on current extent of the Environmental Protection designation. # ADDRESS AREA (ac.) AREA (ha.) 1A 1062609 ONTARIO Inc. 34.07 84.19 1B 1062609 ONTARIO Inc. 28.78 71.12 2 2875 Concession St E Lambs Road Holdings Inc. 9.07 22.40 3 Medallion Developments (Bowmanville 1) Limited 32.98 81.49 4 Medallion Developments (Bowmanville II) Limited 12.20 30.14 5 2273 Lambs Rd Lambs Road Developments Ltd. 39.53 97.67 6 ';6 Soper Hills Holding Inc. 6.67 16.48 7 1555 Lambs Rd O aseine Properties Ltd. (Courtice) 0.84 2.07 8 2946 Hwy 2 �Lauriclh,Stephen 0.19 0.48 9 2942 Hwy 2 MacDonald, Gail Ann; MacDonald, Charles Bruce 0.17 0.43 10 2938 Hwy 2 Blanchard, Linda Anne; Blanchard, Donald 0.24 0.60 11 2936 Hwy 2 Flonk, Adrian Christopher Gerald; Flonk, Angela 0.17 0.42 Corrina 12 2934 Hwy 2 MacArthur, Brian Sidney; MacArthur, Alexandra 0.17 0.42 Maria 13 2932 Hwy 2 Jopling, Brenda Ann 0.14 0.35 14 2930 Hwy 2 Harmer, Dean; Bannon, Stacey 0.14 0.35 15 2928 Hwy 2 Camenzull, Elizabeth Arlene 0.15 0.37 i 16 2924 Hwy 2 Ayre, Wendy Elizabeth 0.22 0.55 17 2920 Hwy 2 Paterson, Keith Enoch; Paterson, Diane Lynda 0.23 0.57 Martha 18 2916 Hwy 2 Hoekstra, Peter; Hoekstra, Leemore 0.24 0.60 19 2912 Hwy 2 Thompson, Robert Douglas 0.13 0.32 20 2910 Hwy 2 Gray, Ruth Ellen 0.21 0.51 21 2906 Hwy 2 Murphy, Garry Albert 1.70 4.21 Hwy 2 Witvoet, Rhonda Lynn; Vandermeer, ArnoldSinclair2896 Sinclair 0.52 1.29 23 2892 Hwy 2 Allen, Wayne Clair; Dawson, Nelda Roxanne 0.54 1.33 24 2886 Hwy 2 Ormiston, Murray Ralph; Ormiston, Donna Denise 0.55 1.35 25 2882 Hwy 2 Anger, Rose Aileen; Stapleton, Edith Catherine; 0.55 1.36 Anger, Roy Andrew; Reynolds, Cynthia Elizabeth 26 2878 Hwy 2 Cameron, Christopher Michael 0.52 1.29 27 2870 Hwy 2 Mayer Gemma; Dutra, Frank 1.01 2.50 28 Ontario Conference Corporation of Seventh Day 0.89 2.19 Adventist Church 29 1351 Lambs Rd Young, Barbara Ann; McKay, Kris Stacey 3.02 7.46 30 1415 Lambs Rd Rigby, Cheryl Lynn; Rigby, Mark 0.55 1.36 31 1489 Lambs Rd Mostert, Richard; Bonsma, Loretta 2.00 4.95 -j 32 1717 Lambs Rd Blundell, Michael Bruce; Blundell, Mary Elizabeth 0.67 1.66 33 2023743 Ontario Ltd.; Marchetti, Catherine 7.08 17.50 34 1769 Lambs Rd Holz, Brigitte; Holz, Klaus 0.66 1.62 35 2903 Concession St E Muraki, Wallace Douglas 0.41 1.00 36 2887 Concession St E Chafe, Linda Louise 0.41 1.01 37 2828 Concession St E Lambs Road School Property Ltd. 0.38 0.93 WESTON LEGEND CONSULTING BOWMANVILLE EAST OWNERSHIP MAP PARTICIPATING LANDOWNERS planning+urban design CONCESSION STREET EAST & LAMBS ROAD File 022 NON -PARTICIPATING LANDOWNERS Date Dr Drawn: 22022-03-07 0 100m gOWMANVILLEEAST SECONDARY PLAN AREA MUNICIPALITY OF CLARINGTON Drawn By: Planner: SM RG SCALE ENVIRONMENTAL PROTECTION REGIONAL MUNICIPALITY OF DURHAM Scale: CAD FILE: le bar see 9022/ epts 9022/conc/ownership map.dgn O PENDING FINAL ASSUMPTIONS AGREEN�ry a 68 y Cbr• ngton If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 Council Minutes Date: March 25, 2024 Time: 6:30 p.m. Location: Council Chambers or Microsoft Teams Municipal Administrative Centre 40 Temperance Street, 2nd Floor Bowmanville, Ontario Members Present: Councillor G. Anderson, Councillor S. Elhajjeh, Councillor L. Rang, Councillor C. Traill, Councillor W. Woo, Councillor M. Zwart Regrets: Mayor A. Foster Staff Present: M. Dempster, R. Maciver, T. Pinn, C. Salazar, D. Speed, J. Gallagher, M. Chambers Other Staff Present: M. Machacek, J. MacLean, J. O'Meara 1. Call to Order Councillor Anderson called the meeting to order at 6:32 p.m. 2. Moment of Reflection Councillor Traill led the meeting in a moment of reflection. 3. Land Acknowledgement Statement Councillor Traill recited the Land Acknowledgement Statement. 4. Declaration of Interest There were no disclosures stated at this meeting. 5. Announcements Members of Council announced upcoming community events and matters of community interest. 6. Presentations / Delegations Page 69 Clariiwmn March 25, 2024 Council Minutes 6.1 Jeffrey Abrams, Principles Integrity, regarding the Integrity Commissioner's Annual Report from November 2022 to January 2024 Jeffrey Abrams, Principles Integrity, was present via electronic means regarding the Integrity Commissioner's Annual Report from November 2022 to January 2024. Jeffrey provided an overview of the Principles Integrity and explained they are the Integrity Commissioner for approximately 60+ Ontario municipalities and other public bodies. J. Abrams explained the role of the Integrity Commissioner, which includes consulting, education, advisory, code of conduct complaints, and general governance advice. Jeffrey explained that Clarington's engagement with the Integrity Commissioner can be roughly divided into three areas including policy development and education, advice and complaint investigation and resolution. J. Adams highlighted ethical themes around the province, the rules against disparagement, and concerns with members of Council overstepping their role. Jeffrey concluded by thanking the Members of Council and that they look forward to continuing to work with the Municipality of Clarington. J. Abrams answered questions from the Members of Council. Resolution # C-013-24 Moved by Councillor Elhajjeh Seconded by Councillor Woo That the Integrity Commissioner's Annual Report from November 2022 to January 2024, be received for information; and That the presentation of Jeffrey Abrams, Principles Integrity, regarding the Integrity Commissioner's Annual Report from November 2022 to January 2024, be received with thanks. Carried 6.2 Ron Hooper regarding the Discontinuation of Clarington's Task Force on Affordable Housing (Report LGS-011-24 -Advisory Board and Committee's Terms of Reference Update) Ron Hooper was present regarding the discontinuation of Clarington's Task Force on Affordable Housing (Report LGS-011-24 -Advisory Board and Committee's Terms of Reference Update). Ron provided some history on the Task Force and reviewed their mandate. R. Hooper explained that a Policy and a Tool Kit were being developed by working with surrounding Municipalities to assist with setting goals towards affordable housing options. Ron explained that were trying to provide housing initiatives and potential tax rebates and some of the projects including Parkview in Newcastle and the Habitat for Humanity project on Spry Avenue in Bowmanville. R. Hooper noted that, unfortunately, the Task Force struggled to obtain quorum at several meetings which slowed down the progress. Ron requested that the dissolution of the Task Force be reconsidered and is disappointed that there was no consultation prior to this resolution. R. Hooper asked if the Task Force is dissolved, then perhaps sub -committees of the CIP's can 2 Page 70 Clariiwmn March 25, 2024 Council Minutes be created. Ron concluded by asking the Members of Council to reconsider this decision and answered questions form the Members of Council. 6.3 Joanne France regarding report LGS-008-24 - Municipal Regulation of Encampments Joanne France was not present at the meeting. 7. Consent Agenda 7.1 Council and Standing Committee Minutes Resolution # C-014-24 Moved by Councillor Rang Seconded by Councillor Elhajjeh That all items listed in Sections 7.11 and 7.1.3, be approved on consent. Carried 7.1.1 Minutes of a Regular Meeting of Council dated February 26, 2024 7.1.3 Minutes of the Special General Government Committee meeting dated March 5, 2024 7.1.2 Minutes of the General Government Committee Meeting dated March 4, 2024 Resolution # C-015-24 Moved by Councillor Elhajjeh Seconded by Councillor Rang That all the Items in 7.1.2. Minutes of the General Government Committee Meeting dated March 4, 2024, be approved with the exception of Items 6.5, 6.12 and 9.2. Carried Item 6.5 - PUB-005-24 - Bowmanville Dog Park Lighting Update Resolution # C-016-24 Moved by Councillor Traill Seconded by Councillor Rang That Report PUB-005-24, and any related delegations or communication items, be received; and 3 Page 71 Clariiwmn March 25, 2024 Council Minutes That Council direct Staff in the Infrastructure division to include a project for the installation of a hardwired lighting system for the Bowmanville Leash Free Park in the 2025 Budget, with funds to be provided from the Parks Reserve or Municipal Capital Works Reserve Fund. Yes (5): Councillor Anderson, Councillor Elhajjeh, Councillor Rang, Councillor Traill, and Councillor Zwart No (1): Councillor Woo Absent (1): Mayor Foster Carried on a recorded vote (5 to 1) Item 6.12 - LGS-011-24 - Advisory Board and Committee's Terms of Reference Update Resolution # C-017-24 Moved by Councillor Traill Seconded by Councillor Rang That Report LGS-011-24, and any related delegations or communication items, be received; That Resolution #GPA-008-04, regarding the Protocol for Council —Appointed Advisory Committees, approved in 2004, be rescinded; That the matter of Clarington's Task Force on Affordable Housing be referred to Staff to prepare a new Terms of Reference taking into consideration the proposals made in Mr. Hooper's delegation regarding Clarington's Task Force on Affordable Housing; That the Tourism Advisory Committee be discontinued; That the proposed new Terms of References for Clarington's Advisory Committees, as Attachments 1 through 7 to Report LGS-011-23, be approved; That Staff be directed to advertise for the vacancies on the Accessibility Advisory Committee and Samuel Wilmot Nature Area Management Advisory Committee; and That all interested parties listed in Report LGS-011-24, and any delegations be advised of Council's decision. Carried Later in the Meeting, see following motion 0 Page 72 Clariiwmn Recess Resolution # C-018-24 Moved by Councillor Traill Seconded by Councillor Zwart That the Council recess for 5 minutes. Carried March 25, 2024 Council Minutes The meeting reconvened at 7:46 p.m. with Councillor Anderson in the Chair. The foregoing Resolution #C-018-24 was then put to a vote and carried. 7.1.2.1 Councillor Zwart - Procedural By-law Amendment Resolution # C-019-24 Moved by Councillor Zwart Seconded by Councillor Woo That the Municipal Clerk be directed to prepare a report for possible wording changes to the Procedural By-law, as follows: Require all requests for delegations to outline their subject, their address, their reason for delegating, their desired action requested of Council, and any supporting documentation. 2. For matters which are more properly within the responsibility of staff, the Clerk shall notify the proposed delegate that the delegation shall not be listed on the agenda and shall direct the proposed delegate to the appropriate department. The delegation shall not be listed on an agenda until staff has had the opportunity to address the matter. 3. Not allow delegations who are there for the sole purpose of generating publicity for an event. 4. Not allow candidates, or nominees, for a political party. 5. Regarding decorum, add the following clause as follows: a. "No person shall make detrimental comments, or speak ill of, or malign the integrity of staff, the public or Council and Committee." b. Members of the public shall be respectful of Council, staff, delegations, and all attendees at the meeting by refraining from public outbursts, heckling, shouting, making comments, or behaviour intended to disrupt the debate, discussion and/or general proceedings. c. Attendees shall not engage in conversations, display placards or props. 6. Change the time limit for delegations from ten minutes to seven minutes, with a single extension of up to three minutes by majority vote. Should there 5 Page 73 Clariiwmn March 25, 2024 Council Minutes be more than one individual that registers to speak as a group, the group shall be allotted up to ten minutes to delegate. 7. That the time limit for Members of the Public to speak at Public Meetings be changed from ten minutes to five minutes. 8. That the time limit for Staff and Consultant presentations at Public Meetings be added to the Procedural By-law as 20 minutes. That all interested parties be advised of Council's decision. Carried as Amended, see following motions Resolution # C-020-024 Moved by Councillor Traill Seconded by Councillor Zwart The foregoing Resolution #C-019-24 be divided to consider Paragraph 6 and 7 separately. Carried Resolution # C-021-024 Moved by Councillor Traill Seconded by Councillor Zwart That the foregoing Resolution #C-019-24 be amended by replacing the following sentence, in Paragraph 6: "Change the time limit for delegations from ten minutes to five minutes, with a single extension of up to five minutes by majority vote." With the following sentence: "Change the time limit for delegations remain at ten minutes." and That the following be added as Paragraph 7: "That the time limit for Members of the Public to speak at Public Meetings remain at ten minutes." Motion Withdrawn Resolution # C-022-24 Moved by Councillor Zwart Seconded by Councillor Traill That the foregoing Resolution #C-019-24 be amended by replacing the following sentence, in Paragraph 6: That the time limit for delegations from ten minutes to five minutes, with a single extension of up to five minutes by majority vote." 6 Page 74 Clariiwmn March 25, 2024 Council Minutes With the following sentence: "Change the time limit for delegations remain at ten minutes." and That the following be added as Paragraph 7: "That the time limit for Members of the Public to speak at Public Meetings be changed from 10 minutes to five." Motion Divided, see following motion Resolution # C-023-24 Moved by Councillor Traill Seconded by Councillor Zwart The foregoing Resolution #C-022-24 be divided to consider Paragraph 6 and 7 separately. Carried Resolution # C-024-24 Moved by Councillor Traill Seconded by Councillor Zwart That the foregoing Resolution #C-022-24 be amended by replacing the following sentence, in Paragraph 6: "Change the time limit for delegations from ten minutes to five minutes, with a single extension of up to five minutes by majority vote." With the following sentence: "That the time limit for delegations remain at ten minutes." Yes (2): Councillor Traill, and Councillor Zwart No (4): Councillor Anderson, Councillor Elhajjeh, Councillor Rang, and Councillor Woo Absent (1): Mayor Foster Motion Lost on a recorded vote (2 to 4) Resolution # C-025-24 Moved by Councillor Zwart Seconded by Councillor Woo That the following be added as Paragraph 7: "That the time limit for Members of the Public to speak at Public Meetings be changed from 10 minutes to five minutes." Carried 7 Page 75 Clariiwmn March 25, 2024 Council Minutes Resolution # C-026-24 Moved by Councillor Rang Seconded by Councillor Traill The foregoing Resolution #C-019-24 be divided to consider Paragraph 1 and 8 separately. Carried Resolution # C-027-24 Moved by Councillor Rang Seconded by Councillor Elhajjeh That the foregoing Resolution #C-019-24 be amended by replacing the following sentence, in Paragraph 1: "Require all requests for delegations to outline their subject, their address, their reason for delegating, their desired action requested of Council, and any supporting documentation." With the sentence: "Require all requests for delegations to be accompanied by a written summary, to be included in the Agenda, outlining their subject, their address, their reason for delegating, their desired action requested of Council, and any supporting documentation." Carried Resolution # C-028-24 Moved by Councillor Zwart Seconded by Councillor Elhajjeh That the time limit for Staff and Consultant presentations at Public Meetings be added to the Procedural By-law as 20 minutes. Carried The remainder of Resolution #C-019-24 was then put to a vote and carried as amended. Page 76 Clariiwmn March 25, 2024 Council Minutes Main Motion as Amended Resolution # C-029-24 Moved by Councillor Zwart Seconded by Councillor Woo That the Municipal Clerk be directed to prepare a report for possible wording changes to the Procedural By-law, as follows: Require all requests for delegations to be accompanied by a written summary, to be included in the Agenda, outlining their subject, their address, their reason for delegating, their desired action requested of Council, and any supporting documentation. 2. For matters which are more properly within the responsibility of staff, the Clerk shall notify the proposed delegate that the delegation shall not be listed on the agenda and shall direct the proposed delegate to the appropriate department. The delegation shall not be listed on an agenda until staff has had the opportunity to address the matter. 3. Not allow delegations who are there for the sole purpose of generating publicity for an event. 4. Not allow candidates, or nominees, for a political party. 5. Regarding decorum, add the following clause as follows: a. "No person shall make detrimental comments, or speak ill of, or malign the integrity of staff, the public or Council and Committee." b. Members of the public shall be respectful of Council, staff, delegations, and all attendees at the meeting by refraining from public outbursts, heckling, shouting, making comments, or behaviour intended to disrupt the debate, discussion and/or general proceedings. c. Attendees shall not engage in conversations, display placards or props. 6. Change the time limit for delegations from ten minutes to seven minutes, with a single extension of up to three minutes by majority vote. Should there be more than one individual that registers to speak as a group, the group shall be allotted up to ten minutes to delegate. 7. That the time limit for Members of the Public to speak at Public Meetings be changed from ten minutes to five minutes. 8. That the time limit for Staff and Consultant presentations at Public Meetings be added to the Procedural By-law as 20 minutes. That all interested parties be advised of Council's decision. Carried 0 Page 77 Clariiwmn March 25, 2024 Council Minutes 7.1.2.2 Correspondence from Rege Harren, Regarding Item 9.2 of the General Government Committee Minutes dated March 4, 2024 Correspondence from Rege Harren, regarding Item 9.2 of the General Government Committee Minutes dated March 4, 2024, was considered during Item 7.1.2. 7.1.2.3 Correspondence from Brian O'Connor and Morgan Jarvis O'Connor of K9 Central, regarding Item 5.1 of the General Government Committee Minutes dated March 4, 2024 Correspondence from Brian O'Connor and Morgan Jarvis O'Connor of K9 Central, regarding Item 5.1 of the General Government Committee Minutes dated March 4, 2024, was considered during Item 7.1.2. 7.1.4 Minutes from the Planning and Development Committee meeting dated March 18, 2024 Resolution # C-030-24 Moved by Councillor Rang Seconded by Councillor Elhajjeh That the Items in 7.1.4, Minutes of the Planning and Development Committee dated March 18, 2024, be approved on consent, with the exception of Items 6.7 and 9.1. Carried Item 6.7 - PDS-013-24 - Removal of Holding — 499 Port Darlington Road, Bowmanville (Aquaview) Resolution # C-031-24 Moved by Councillor Traill Seconded by Councillor Rang That Report PDS-013-24, and any related delegations or communication items, be received; That the rezoning application, submitted by Bowmanville Lakebreeze East Village Ltd., for the removal of the Holding symbol at 499 Port Darlington Road, Bowmanville, be approved; That Staff be directed to meet with the developer and Clarington Emergency & Fire Services to discuss alternatives that address issues of public safety, costs, and timing for inclusion in the site plan agreement, to the satisfaction of the Deputy CAO Planning & Infrastructure; and 10 Page 78 Clariiwmn March 25, 2024 Council Minutes That all interested parties listed in Report PDS-013-24, and any delegations be advised of Council's decision. Yes (1): Councillor Traill No (5): Councillor Anderson, Councillor Elhajjeh, Councillor Rang, Councillor Woo, and Councillor Zwart Absent (1): Mayor Foster Motion Lost on a recorded vote (1 to 5) Resolution # C-032-24 Moved by Councillor Woo Seconded by Councillor Elhajjeh That Report PDS-013-24, and any related delegations or communication items, be received; That the rezoning application submitted by Bowmanville Lakebreeze East Village Ltd. for the removal of the Holding symbol at 499 Port Darlington Road, Bowmanville, be refused by Council, as conditions related to the removal of the Hold have not been completed; and That all interested parties listed in Report PDS-013-24, and any delegations be advised of Council's decision. Yes (5): Councillor Anderson, Councillor Elhajjeh, Councillor Rang, Councillor Woo, and Councillor Zwart No (1): Councillor Traill Absent (1): Mayor Foster Carried (5 to 1) Item 9.1- Parking on Clarington Streets Resolution # C-033-24 Moved by Councillor Rang Seconded by Councillor Elhajjeh Whereas existing and new neighborhoods are experiencing a transition to higher densities through additional dwelling units, increasing rates of car ownership, and changing demographics to multigenerational living; And whereas new neighborhood designs in particular townhouse developments, are being proposed with narrower frontages and shallow lots reducing the possibility of accommodating more than one parking space forcing residents to park on the street, take over visitor parking, and convert fronts yards to parking; 11 Page 79 Clariiwmn March 25, 2024 Council Minutes And whereas these new dense neighborhood designs increase the safety risk for children, pedestrians, and create operational constraints for municipal operations like emergency response and snow removal; Now therefore be it resolved that Staff report back on the following: a. additional measures to design standards and zoning that could improve on - street parking and visitor parking plans for new neighbourhoods; b. review of parking opportunities within existing neighbourhoods and implement methods to improve parking conflicts through additional signage and enforcement; c. include amendments to the Boulevard By-law. Yes (6): Councillor Anderson, Councillor Elhajjeh, Councillor Rang, Councillor Traill, Councillor Woo, and Councillor Zwart Absent (1): Mayor Foster Carried on a recorded vote (6 to 0) 7.2 Advisory Committee and Local Board Minutes Resolution # C-034-24 Moved by Councillor Elhajjeh Seconded by Councillor Rang That all Items listed in 7.2, be approved on consent. Carried 7.2.1 Minutes of the Clarington Agricultural Advisory Committee meeting dated January 11 and February 8, 2024 7.2.2 Minutes of the Clarington Accessibility Advisory Committee meeting dated January 30 and February 13, 2024 7.2.3 Minutes of the Clarington Heritage Committee meeting dated February 20, 2024 7.2.4 Minutes of the Bowmanville Santa Claus Parade Committee meeting dated February 21, 2024 7.2.5 Minutes of the Tyrone Community Hall Board meeting dated February 21, 2024 7.2.6 Minutes of the Tyrone Community Hall Board AGM meeting dated February 21, 2024 7.2.7 Minutes of the Clarington Diversity Advisory Committee meeting dated March 14, 2024 7.2.8 Minutes of the Newcastle Arena Board meeting dated February 13, 2024 12 '� Clariiwmn March 25, 2024 Council Minutes 7.3 Communications 7.4 Staff Reports and Staff Memos 7.4.1 PUB-006-24 - Communications and Interoperability Radio System Use Adhesion Agreement Resolution # C-035-24 Moved by Councillor Zwart Seconded by Councillor Traill That Report PUB-006-24, and any related delegations or communication items, be received; and That Council approves the signing by the Mayor of the revised , adding Elexicon as a partner. Carried 7.5 By-laws Resolution # C-036-24 Moved by Councillor Zwart Seconded by Councillor Woo That leave be granted to introduce By-laws 2024-009 to 2024-013; and That the said by-laws be approved. Carried 7.5.1 2024-009 - Being a by-law to promote the safe and orderly use of public spaces, to protect infrastructure 7.5.2 2024-010 - Being a by-law to provide for the establishment and adoption of an Emergency Management Program for the Municipality of Clarington 7.5.3 2024-011 - Being a by-law to establish certain lands as public highways 7.5.4 2024-012 - Being a By-law to establish, lay out and dedicate certain lands as public highways in the Municipality of Clarington, 7.5.5 2024-013 - Being a By-law to establish, lay out and dedicate certain lands as public highways in the Municipality of Clarington 8. Items for Separate Discussion 9. Business Arising from Procedural Notice of Motion 10. Unfinished Business 11. Confidential Items 13 Page 81 Clariiwmn March 25, 2024 Council Minutes 12. Confirming By -Law Resolution # C-037-24 Moved by Councillor Traill Seconded by Councillor Zwart That leave be granted to introduce By-law 2024-014, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 25th day of March 2024; and That the said by-law be approved. Carried 13. Adjournment Resolution # C-038-24 Moved by Councillor Traill Seconded by Councillor Woo That the meeting adjourn at 8:48 p.m. Carried 14 Page 82 Cbr• ngton If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 General Government Committee Minutes Date: April 8, 2024 Time: 9:30 a.m. Location: Council Chambers or Microsoft Teams Municipal Administrative Centre 40 Temperance Street, 2nd Floor Bowmanville, Ontario Members Present: Mayor A. Foster, Councillor G. Anderson, Councillor S. Elhajjeh, Councillor C. Traill, Councillor M. Zwart Regrets: Councillor L. Rang, Councillor W. Woo Staff Present: M. Dempster, J. Newman, L. Patenaude, R. Maciver, T. Pinn, C. Salazar, D. Speed, J. Gallagher Other Staff Present: P. Da Silva, K. Ferguson 1. Call to Order Mayor Foster called the meeting to order at 9:32 a.m. 2. Land Acknowledgement Statement Councillor Zwart led the meeting in the Land Acknowledgement Statement. Suspend the Rules Resolution # GG-048-24 Moved by Councillor Zwart Seconded by Councillor Elhajjeh That the Rules of Procedure be suspended to add an additional item to the Agenda, as Item 10.1, regarding Ontario Power Generation Host Community Agreement. Carried 3. Declaration of Interest There were no disclosures of interest stated at this meeting. 1 Page 83 General Government Committee Minutes April 8, 2024 4. Announcements Members of Committee announced upcoming community events and matters of community interest. 5. Presentations/Delegations 5.1 Delegation by Lynn Jeffs, Ambassador, Gems for Gems, Regarding Report PUB-008-24 Hope's Cradle Referral Lynn Jeffs, Ambassador, Gems for Gems, was present regarding Report PUB- 008-24 Hope's Cradle Referral. Using an electronic presentation, Lynn provided an overview of the Bowmanville Hope's Cradle which was created in May 2023. L. Jeffs stated the concerns addressed by Durham Children's Aid Society and Durham Regional Police Service. Lynn noted that the Program Supervisor for the Ministry of Children and Social Services stated that the cradle is not a provincial matter. L. Jeffs explained that the cradle is a safe option, and it supports both mothers and babies. Lynn added that Clarington has been supportive to date, but a decision to not pursue the cradle will reflect badly on Clarington. L. Jeffs stated that Council has the authority and should demand the official opening of Hope's Cradle in Clarington immediately. L. Jeffs answered questions from Members of Committee. Alter the Agenda Resolution # GG-049-24 Moved by Councillor Anderson Seconded by Councillor Zwart That the Agenda be altered to consider Item 8.1, Report PUB-008-24 Hope's Cradle Referral, at this time. Carried 8. Unfinished Business 8.1 PUB-008-24 - Hopes Cradle Referral Resolution # GG-050-24 Moved by Councillor Zwart Seconded by Councillor Anderson That Report PUB-008-24, and any related delegations or communication items, be received; That the Hope's Cradle remain operational; That a formal announcement be made; and That all interested parties listed in Report PUB-008-24, and any delegations be advised of Council's decision. Carried 2 Page 84 General Government Committee Minutes April 8, 2024 5. Presentations/Delegations 5.2 Presentation from Jennifer Hess, Manager, Investment Services, and Keith Taylor, Chief Investment Officer, ONE Investment, Regarding Report FSD- 015-24 Adoption of Prudent Investor Standard and Agreement with ONE JIB Jennifer Hess, Manager, Investment Services, and Keith Taylor, Chief Investment Officer, ONE Investment, were present regarding Report FSD-015-24 Adoption of Prudent Investor Standard and Agreement with ONE JIB. Using an electronic presentation, Jennifer provided the background of ONE Investment, including ONE Investment Municipal Clients, benefits, governance, and legislation and regulation. J. Hess provided an overview of ONE Joint Investment Board, including the roles under the prudent investment program. Keith explained the background of the ONE Investment OCIO provider and the benefits of OCIO. K. Taylor provided an overview of the future growth of the model. Keith answered questions from Members of Committee. Alter the Agenda Resolution # GG-051-24 Moved by Councillor Anderson Seconded by Councillor Elhajjeh That the Agenda be altered to consider Item 6.5, Report FSD-015-24 Adoption of Prudent Investor Standard and Agreement with ONE JIB, at this time. Carried 6.5 FSD-015-24 -Adoption of Prudent Investor Standard and Agreement with ONE JIB Resolution # GG-052-24 Moved by Councillor Anderson Seconded by Councillor Zwart That Report FSD-015-24, and any related delegations or communication items, be received; That the By-law attached to Report FSD-015-24, as attachment 1, be approved with the effective date to be determined upon the successful execution of the agreement with ONE JIB; That the Draft Investment Policy, as attachment 2, be approved with the same effective date as the by-law mentioned above, and that Staff be directed to update references in the policy for the effective date of the prudent investor standard; That Policy CP-003 Investment Policy be renamed, Policy CP-003 Investment Policy (Legal List); 3 Page 85 General Government Committee Minutes April 8, 2024 That the Mayor and CAO be authorized to execute the agreement with ONE JIB, substantially in the form as included as Attachment #3 to Report FSD-015-24; That the Deputy CAO, Finance and Technology/Treasurer be directed to complete the required documentation client questionnaire; and That all interested parties listed in Report FSD-015-24, and any delegations be advised of Council's decision. Carried 5. Presentations/Delegations 5.3 Presentation from Rob Maciver, Deputy CAO/Solicitor, Regarding Report LGS-016-24 Site Alteration By-law Update Rob Maciver, Deputy CAO/Solicitor, was present regarding Report LGS-016-24 Site Alteration By-law Update. Using an electronic presentation, Rob provided an overview of the Site Alteration By-law, legislative background, and public consultation. R. Maciver outlined the proposed changes to the by-law including prohibitions, exemptions, permits, fees, and enforcement. Rob provided an overview of the public awareness initiatives including public education, inclusion in the Municipal Law Enforcement Communications Plan, reporting "Hotline", and consistent enforcement. R. Maciver answered questions from Members of Committee. 6. Consent Agenda Resolution # GG-053-24 Moved by Councillor Traill Seconded by Councillor Elhajjeh That all items listed in Section 6, with the exception of Items 6.11, and 6.12, be approved on consent, in accordance with the Agenda. Carried 6.1 FSD-011-24 - 2023 Annual Statement of Cash -in -Lieu of Parkland Resolution # GG-054-24 That Report FSD-011-24, and any related delegations or communication items, be received for information. 6.2 FSD-012-24 - 2023 Annual Building Permit Fees Report Resolution # GG-055-24 That Report FSD-012-24 be received for information. 4 Page 86 General Government Committee Minutes April 8, 2024 6.3 FSD-013-24 - 2023 Annual Statement of Development Charges Reserve Funds Resolution # GG-056-24 That Report FSD-013-24, and any related delegations or communication items, be received for information. 6.4 FSD-014-24 - 2023 Investments Annual Report Resolution # GG-057-24 That Report FSD-014-24, and any related delegations or communication items, be received; and That all interested parties listed in Report FSD-014-24, and any delegations be advised of Council's decision. 6.6 FSD-016-24 - Project Management Services - Operations Depot, Fire Station and Fire Training Facility Resolution # GG-058-24 That Report FSD-016-24, and any related delegations or communication items, be received; That the proposal received from Colliers Project Leaders Inc. being the most responsive bidder meeting all terms, conditions and specifications of RFP2024-3 be awarded the contract for the provision of Project Management Services for the new Operations Depot, Fire Station and Fire Training Facility; That the funds required for this project in the amount of $522,700.42 (Net HST Rebate) be funded from the approved budget; and That all interested parties listed in Report FSD-016-24, and any delegations be advised of Council's decision. 6.7 FSD-017-24 -Veteran's Square and Courtyard Revitalization Resolution # GG-059-24 That Report FSD-017-24, be received; That J. Hoover Ltd with a total bid amount of $1,301,771.41 (Net HST Rebate) being the lowest compliant bidder meeting all terms, conditions and specifications of tender CL2024-5 including all provisional items, be awarded the contract for the landscaping and renovations of the Veteran's Square and Courtyard, as required by the Community Services Division; 5 Page 87 6.9 6.10 General Government Committee Minutes April 8, 2024 That the total funds required for this project is $1,359,672.85 (Net HST Rebate), which includes construction costs of $1,301,771.41 (Net HST Rebate) and other related costs such as design, inspection, testing, contract administration and contingencies of $57,901.44 (Net HST Rebate) is in the approved budget allocation as provided and be funded from the following accounts: Description Account Number Amount Veteran's Square Rehabilitation Building and Property Improvements 110-42-421-84232- 7401 110-42-421-83718- 7401 $1,050,050.00 $309,622.85 That all interested parties listed in Report FSD-017-24, and any delegations be advised of Council's decision. LGS-014-24 - Clarington's 2024-2027 IDEA Strategy Resolution # GG-060-24 That Report LGS-014-24, and any related delegations or communication items, be received; That the 2024-2027 Inclusion, Diversity, Equity and Anti -Racism (IDEA) Strategy attached to Report LGS-014-24, as Attachment 1, be approved; and That all interested parties listed in Report LGS-014-24, and any delegations be advised of Council's decision. LGS-015-24 - 2024-2028 Multi -Year Accessibility Plan Resolution # GG-061-24 That Report LGS-015-24, and any related communication items, be received; That the 2024-2028 Multi -Year Accessibility Plan, attached to Report LGS-015- 24, as Attachment 1, be approved; That the 2024-2028 Multi -Year Accessibility Plan be posted on Clarington's website in accordance with Regulations; and That all interested parties listed in Report LGS-015-24 be advised of Council's decision. LGS-016-24 - Site Alteration By-law Update Resolution # GG-062-24 That Report LGS-016-24, and any related delegations or communication items, be received; n General Government Committee Minutes April 8, 2024 That the Site Alteration By-law included as Attachment 2 to Report LGS-016-24, be enacted; and That all interested parties listed in Report LGS-016-24, and any delegations, be advised of Council's decision. 6.11 PUB-007-24 - Traffic and Parking Bylaw Amendment - Speed Limit Reduction in School Zones Resolution # GG-063-24 Moved by Councillor Anderson Seconded by Councillor Elhajjeh That Report PUB-007-24, and any related delegations or communication items, be received; That the By-law attached to Report PUB-007-24, as attachment 1, be approved; That up to $70,000 from the Municipal Capital Works Reserve Fund be used to fund the additional signage required; and That all interested parties listed in Report PUB-007-24, and any delegations be advised of Council's decision. Amendment Resolution # GG-064-24 Moved by Councillor Anderson Seconded by Councillor Elhajjeh That the foregoing Resolution GG-063-24 be amended by adding the following after paragraph I That Staff be directed to engage Durham Region to request they match Clarington's criteria for speed limits in school zones; That Staff engage the School Board Trustees for their comments and support; Carried 7 Page 89 General Government Committee Minutes April 8, 2024 Amendment Resolution # GG-065-24 Moved by Councillor Zwart Seconded by Councillor Anderson That the foregoing Resolution #GG-063-24 be amended by adding the following before the last paragraph: That Staff request the Ministry of Transportation to reduce speeds on Highway 35/115, in the area of Clarke Highschool. Carried Main Motion as Amended Resolution # GG-066-24 Moved by Councillor Anderson Seconded by Councillor Elhajjeh That Report PUB-007-24, and any related delegations or communication items, be received; That the By-law attached to Report PUB-007-24, as attachment 1, be approved; That up to $70,000 from the Municipal Capital Works Reserve Fund be used to fund the additional signage required; That Staff be directed to engage Durham Region to request they match Clarington's criteria for speed limits in school zones; That Staff engage the School Board Trustees for their comments and support; That Staff request the Ministry of Transportation to reduce speeds on Highway 35/115, in the area of Clarke Highschool; and That all interested parties listed in Report PUB-007-24, and any delegations be advised of Council's decision. Carried 6.12 CAO-002-24 - The Perfect Storm - Impact of Provincial Changes on our Community Resolution # GG-067-24 Moved by Councillor Anderson Seconded by Councillor Zwart That Report CAO-002-24, and any related delegations or communication items, be received; 8 Page 90 General Government Committee Minutes April 8, 2024 That Council request the Province stop using CMHC data to validate housing starts, but as a starting point, and allow Municipalities to identify any inconsistencies with tangible evidence prior to making a funding decision; That Fiscal Impact Assessments be undertaken for all Secondary Plans (inclusive of those completed) to understand the full impact of the legislative changes on each, in particular parkland and DC revenues, and report back to Council prior to any further approvals (inclusive of development application approvals); That a communications campaign be undertaken to explain the impact of the changes that are beyond our control, and how they will impact our community — both now and into the future; That this report be forwarded to all Ontario municipalities with housing targets, the Province of Ontario, and the Members of Provincial Parliament representing Clarington; and That all interested parties listed in Report CAO-002-24, and any delegations be advised of Council's decision. Yes (5): Mayor Foster, Councillor Anderson, Councillor Elhajjeh, Councillor Traill, and Councillor Zwart Absent (2): Councillor Rang, and Councillor Woo Carried on a recorded vote (5 to 0) 7. Items for Separate Discussion 7.1 PUB-009-24 - Orono Town Hall 125th Anniversary — Funding Request Resolution # GG-068-24 Moved by Councillor Zwart Seconded by Councillor Traill That Report PUB-009-24, and any related delegations or communication items, be received; That the funding request from the Orono Town Hall Board to assist with the events identified as part of their 125t" anniversary be received with thanks; and That all interested parties listed in Report PUB-009-24, and any delegations be advised of Council's decision. Carried 9 Page 91 General Government Committee Minutes April 8, 2024 9. New Business 9.1 Homelessness Crisis (Councillor Rang) In accordance with Section 7.16.8 of the Procedural By-law 2023-033, the matter was not considered as Councillor Rang sent regrets for this meeting. 10. Confidential Items Suspend the Rules Resolution # GG-069-24 Moved by Councillor Elhajjeh Seconded by Councillor Anderson That the Rules of Procedure be suspended to extend the meeting until 12:30 p.m. Carried Recess Resolution # GG-070-24 Moved by Councillor Anderson Seconded by Councillor Zwart That the Committee recess for 10 minutes. Carried The meeting reconvened at 11:57 a.m. with Mayor Foster in the Chair. Closed Session Resolution # GG-071-24 Moved by Councillor Elhajjeh Seconded by Councillor Anderson That, in accordance with Section 239 (2) of the MunicipalAct, 2001, as amended, the meeting be closed for the purpose of discussing a matter that deals with the following: • litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; • advice that is subject to solicitor -client privilege, including communications necessary for that purpose; • information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a Crown agency of any of them; and 10 Page 92 General Government Committee Minutes April 8, 2024 • a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board. Carried 10.1 Ontario Power Generation Host Community Agreement Rise and Report The meeting resumed in open session at 12:56 p.m. Mayor Foster advised that one item was discussed in "closed" session in accordance with Section 239(2) of the Municipal Act, 2001 and one resolution was passed to provide direction to Staff. 11. Adjournment Resolution # GG-072-24 Moved by Councillor Anderson Seconded by Councillor Elhajjeh That the meeting adjourn at 12:57 p.m. Carried 11 Page 93 VALIANT GROUP EST. 1922 April 16, 2024 Municipality of Clarington 40 Temperance Street Bowmanville On L1C 3A6 Attention Clerks Department Re: Report Number: CAO-002-24 Meeting Date: April 8, 2024 Report Subject: Perfect Storm- Impact of Provincial Changes on our Community. Mayor Foster, Members of Council, We would like to submit this letter to Council on the April 22, 2024, council meeting. As you know we are the owners of land on Trull's Road which has been in the planning stage for a number of years. We are also owners and managers of commercial property in Clarington. It is our understanding that the above noted report was voted on and passed unanimously at the General Government Committee on April 8, 2024. We take great exception to item 3 and item 5 of the recommendations. Item 3, In our understanding, is shutting down all residential development in the Municipality. If that is in fact the case that the Municipality is shutting down all residential development, we have grave concerns on this course of action by our elected officials. This could have grave unintentional outcomes. If there is no increase in the tax base, then the exiting property owners could very well be faced with a substantial increase in property taxes. If it is in fact the intent to shut down all residential development in Clarington, we will have no choice but to seek legal advice as to what our recourse may be to this very overreaching recommendation. THE VALIANT GROUP OF COMPANIES LTD. 177 Nonquon Road, 20th Floor, Oshawa, ON UG 3S2 Tel:905.S79.1626 Fax:905.579.�472 a info@valiantgroup.ca I www.vaNfltt)r4oup.ca So too, item 5 is of issue to us in that the Municipality is in effect asking all other municipalities to shut down residential development. Our hope is that the Municipality of Clarington elected officials in their haste to deal with this report did not consider the full impact of the recommendations and that you will use a second sober thought and reverse the report that is before you. As always should you wish to have a further conversation, we are only a phone call away. Res ctfull submitted. Beth e y, President Page 95 Isaac Tang T: 416-367-6143 itang@blg.com Lee English T: 416-367-6169 lenglish@blg.com April 17, 2024 DELIVERED BY EMAIL clerks@clarington.net Borden Ladner Gervais LLP Bay Adelaide Centre, East Tower 22 Adelaide Street West Toronto ON M51H 4E3 Canada T 416-367-6000 F 416-367-6749 blg.com Clerks Division Municipality of Clarington Municipal Administrative Centre 40 Temperance Street, 2nd Floor Bowmanville, Ontario Dear Mayor and Members of Council: Re: Municipality of Clarington April 22, 2024 Regular Council Meeting Report CAO-002-24 Request to Defer or Refuse Recommendations LMG Borden Ladner Gervais We are legal counsel to 2056421 Ontario Inc. ("2056421"). 2056421 owns lands in the Municipality of Clarington ("Municipality") municipally known as 1738 Bloor Street, Clarington and legally described as Concession 2, Part Lot 29. Redwood Properties ("Redwood") is an established builder of condominium and apartment rental buildings in the Greater Toronto Area. Redwood is the beneficial owner of the lands owned by 2056421 and intends to build vibrant, mixed -used communities in the Municipality. We write to request that Council defer or refuse to accept the recommendations set out in Staff Report CAO-002-24 dated April 8, 2024 ("Staff Report"). In particular, we request the Municipality defer or refuse the third recommendation in the Staff Report, which recommends the Municipality not approve Planning Act applications until a fiscal impact assessment is completed ("Recommendation Three"). Request to Defer: Lack of Time to Respond and Procedural Fairness We ask the Municipality to defer this matter for consideration at a later date. At a minimum, Recommendation Three should be deferred or refused. The Municipality has not afforded impacted stakeholders sufficient time to consider this matter and provide meaningful submissions to Council. The Staff Report purports to respond to legislative changes introduced by the More Homes Built Faster Act, 2022, SO 2002, c. 21 (`Bill 23"). Bill 23 received Royal Assent on November 28, 2022 — more Page 96 Lawyers I Patent & Trademark Agents iBLG Borden Ladner Gervais than one year and four months ago. The Watson & Associates Economists Ltd. Report attached to the Staff Report is dated December 16, 2022 — again, more than one year ago. Meanwhile, the Municipality's General Government Committee considered the Staff Report on April 8, 2024 (which was added as a late item to the agenda) and the Staff Report will be presented to Council for adoption on April 22, 2024. While the Municipality may consider this matter to be urgent, the rushed nature of this proposal denies affected landowners and residents a meaningful opportunity to consider staff s recommendations and provide submissions to the Municipality. This is undemocratic and inexplicable given the passage of time since Bill 23 received Royal Assent. This is especially concerning in light of the recent introduction of Bill 185, Cutting Red Tape to Build More Homes Act, 2024, which is relevant to matters raised in the Staff Report. The Municipality should defer Recommendation Three until Bill 185 is enacted to better enable all stakeholders, including the Municipality, to understand the impacts from the proposed legislative changes reflected in Bill 185. As of the date of this letter, neither the agenda nor any staff reports for the April 22, 2024 regular meeting of Council are available on the City's website. This exacerbates the lack of opportunity for meaningful public participation in a matter that has broad implications for landowners in the Municipality. The Municipality's approach in this instance is procedurally unfair to those who are most impacted, including Redwood. Procedural fairness concerns the decision making process — the steps before, during and after a decision is made. In this case, there was insufficient notice and a lack of time to provide a meaningful response to the Staff Report with a consequent breach of the procedural fairness owed by the Municipality to it ratepayers. Consequently, Recommendation Three should be deferred. The Recommendation to Defer Planning Act Approvals Sets the Stage for Appeals The Municipality has no legal basis upon which it can decide to refuse to receive or make a decision regarding privately -initiated Planning Act applications. Among other matters, the Planning Act provides a right for persons to apply to municipalities to amend the official plan, amend the zoning by-law, for draft plan or subdivision approval or site plan approval. There are only limited circumstances where a municipality can refuse to receive an application, none of which apply in the present circumstance. The ramifications of Recommendation Three are unclear. If the Municipality refuses to accept Planning Act applications and engage with applicants in a review of those proposals, it runs the risk of applicants turning to the Ontario Land Tribunal for direction and decision. Adopting Recommendation Three may lead to increased appeals and motions regarding completeness of applications (in addition to potential allegations of bad faith conduct on the part of the Municipality for failing to exercise its responsibility under the Planning Act). Redwood has a long history of working collaboratively with local and upper tier municipalities to advance mutually -beneficial redevelopment projects. If Council adopts Recommendation Three, Page 97 2 iBLG Borden Ladner U rvais Redwood (and other landowners) may have limited recourse but to seek the assistance of the Tribunal to adjudicate planning disputes between public and private interests. Conclusion We request the Municipality defer this item to provide a meaningful opportunity for input from relevant stakeholders, including Redwood. The hurried approach to advancing this matter is not reflective of the uncertain, significant and prejudicial implications this has for landowners and ratepayers in the Municipality. At a minimum, the Municipality should defer consideration of Recommendation Number Three or dissociate the proposed pause on Planning Act approvals from the commencement of the fiscal impact assessments. Very truly, BORDEN LADNER GERVAIS LLP Lee English LE Page 98 3 Fr",TYHONIES 1333 Boundary Rd. Oshawa, On, L1J 6Z7 905-723-2815 www.mycityhome.ca Good Morning Mayor Foster and Members of Council, We are writing you today to express our deep concern about the unanimous decision made on Monday April $th regarding Report CAO-002-23 brought before General Government Committee. We have been a Builder /Developer in Durham Region for over 35 years, and have done business in the Municipality of Clarington for over 20 years delivering quality homes to our customers. We currently have two locations in Clarington which we are moving through the planning pre -consultation application, and are located in a secondary plan. We are greatly concerned regarding report CAD-002- 23 recommendation # 3 That Fiscal impact Assessments be undertaken for all Secondary Plans (inclusive of those in Completed to understand the full impact of the legislative changes on each, in particular parklond and DC Revenues, and reports back to Council prior to any further approval inclusive of development application approvals. This recommendation essential will shut down any and all development applications in the Municipality of Clarington. We like to point out this action will have a massive chain reactions on not only your development approvals, but also on Clarington's economic and strategic growth. Recommendation # 3 will also signal to the business community Clarington is against growth. Not to mention within items you are reviewing parkland dedication is prescribed through the planning act. and if the proposed report is approved we will seek legal opinions on the decision rendered. As elected officials, it is your duty to keep Clarington growing. We implore you to reconsider your unanimous approval on this report. Your action and leadership on this report will set the tone on Clarington development activities for years to come. Respectfully, Jakident, PrHomes As ey Maclnnis — Murdoch, CPT Project Manager, City Homes Page 99 BIGLIERI G R 0 UPgo April 18, 2024 Mayor and Members of Council Municipality of Clarington 40 Temperance Street Bowmanville, ON L1 C 3A6 Attention: Mayor Foster and Members of Council RE: The Perfect Storm - Impact of Provincial Changes on our Community Report CAO-002-24 Municipality of Clarington TBG Project Number 24153 On behalf of the Durham Region Home Builders' Association ("DRHBA"), The Biglieri Group Ltd. ("TBG") is submitting the following comments with respect to Report CAO-002-24 - The Perfect Storm - Impact of Provincial Changes on our Community ("Report"). The Report was presented and discussed at the Municipality of Clarington General Government Committee ("GCC") on April 8, 2024. As the Report was a late addition to the agenda, TBG nor members of DRHBA had an opportunity to review the Report or speak to it at the GCC meeting. REPORT CAO-002-24 OVERVIEW The Report discusses anticipated funding for meeting pledged housing targets from the Province's Building Faster Fund that would have allocated financial resources to fund infrastructure and parks needs in Clarington. While funding was expected, it was not granted due to a discrepancy between the Municipality and CMHC in what constitutes a "start" for the construction of new housing. The Report also speaks to a number of items stemming from Provincial legislation that ultimately reduces the amount of parkland dedication the Municipality will receive and the ability to provide community parkland to residents. In particular, the Report identifies forty-six (46) hectares of parkland that was anticipated within the Municipality's Secondary Plans and the potential shortfall as a result of reduced parkland dedication requirements within Bill 23. The Report states a potential loss of twenty-three (23) hectares of parkland identified within Secondary Plan areas. Lastly, the Report speaks to the need to complete new Fiscal Impact Analyses ("FIA") for the various Secondary Plans, including four (4) that have already received final approval from Durham Region and have active development applications. Completing new FIAs may result in changes to the Secondary Plans and will impact the timing of approving pending Secondary Plans and site -specific development applications. These delays will further affect the Municipality's ability to meet pledged housing targets. PLANNING I DEVELOPMENT I PROJECT MANAGEMENT I URBAN DESIGN 2472 Kingston Road, Toronto, Ontario M1N 1V3 21 King Street W Suite 1502, Hamilton, Ontario L8P 4W7 Office: (416) 693-9155 Fax: (416) 693-9133 tbg@thebiglierigroup.com Page100 THE BIGLIERI GROUP LTD. 2 CONSULTATION This Report was added to the agenda shortly before the GCC meeting started. Given the implications on the development approvals process and getting shovels in the ground for urgently needed housing, DRHBA finds the implications of the Report and how it was presented to GCC to be a slight to the industry. DRHBA, and the development community as a whole, are partners with the Municipality in building new and established communities. Advance notice of the Report, or even including it when the GGC agenda was originally posted, would have allowed members to review the Report, talk to staff, and/or speak at the meeting. HOUSING TARGETS The Municipality of Clarington made a pledge to the Province of Ontario to deal with the housing crisis by building 13,000 residential units by 2031. The Province provided a target for the Municipality to start 953 new units for the year 2023. It was believed that the target was met, however, due to a discrepancy in how a housing "start" is defined, Clarington did not reach the target for 2023. Upon review of the Report and the apparent discrepancy, we encourage the Municipality to resolve this issue with the Province. In TBG's review, it would appear that the target was met, and that the Municipality should be eligible for the funding. The DRHBA would be happy to be involved with and assist in these discussions. I]_11.1NI_1NAD Parkland is dedicated to the Municipality at rates prescribed by the Municipality's Parkland Dedication By-law and The Planning Act. Parkland is provided as either land dedication or Payment in Lieu ("PIL"). The Municipality's Parkland Dedication By-law requires that land or PIL is provided at the greater of either the standard rate of 2% for commercial or industrial developable land / 5% for residential and all other lands, or at the alternative rate as provided for in The Planning Act, which is currently a rate of 1 hectare for 600 residential units as land or 1 hectare for 1,000 residential units as PIL. The Planning Act also has a cap on the amount of parkland dedication should the alternative rate be used, which is 10% of the land or PIL for development lands that are five (5) hectares or less, and 15% for development lands that are greater than five (5) hectares. The Report indicates that the amount of Parkland (or PIL) the Municipality will receive will be reduced by 50% as a result of the legislative changes. This assumes that all parkland dedication will be based on the alternative rate. This is typically the case for medium and high density developments where the alternative rate may be higher. However, low density developments may offer parkland at the standard rate of 5%. The majority of the new secondary plans are greenfield where parkland will be provided at the standard rate through low density developments. As the rate would be determined through processing of individual development applications, strictly using the alternative rates in the Report paints a picture that is not reflective of the true amount of parkland (or PIL) that will be dedicated to the Municipality. The Report identifies forty-six (46) hectares of parkland within Secondary Plan areas, which is taken from the March 2024 Phase 1: Background and Existing Conditions Summary Report prepared for the Municipality's Parks, Recreation, and Culture Master Plan ("Parks Background Report"). The Parks Background Report also notes that the timing and development of parks Page 101 THE BIGLIERI GROUP LTD. 3 within Secondary Plan Areas is not defined and may not take place during the planning period examined (between 2021 to 2036). Further, the Parks Background Report also notes that parkland requirements per The Planning Act may further change, and that the amount of future parkland within some of the ongoing Secondary Plan studies may increase, subject to negotiations. While the Report notes a loss of twenty-three (23) hectares of parkland, ultimately, the amount of parkland dedication required will be determined during the site -specific development approval process based on the rates legislated at that time. Simply cutting the amount of parkland in half is not an accurate assessment. We challenge this statement in the report and suggest Clarington's consultant clarify this statement. There are also other opportunities to ensure parkland provisions support the needs of the Municipality through the Parkland Dedication By-law and Official Plan (currently subject to a comprehensive review). Allowance for stratified parks as of right (i.e., parkland above structured underground stormwater management facilities) can provide additional parkland and open space needs for residents. Table 1 of the Report assesses the potential loss in revenue to the Municipality for parkland PIL as a result of Bill 23 and the lesser payment (1 hectare for 1,000 units) and cap of 10% or 15%. Upon review of the calculated revenue, it is unclear whether the calculations are accurate as the land area and land value for each of the examples are not provided. Based on the "Rate Prior to Bill 23" of $344,000 PIL for Example A, we have determined that the site is 1 hectare in size with a land value of $4,000,000/ha. The PIL Post Bill 23 would therefore be $172,000 as the new Alternative rate results in a 50% reduction. The Report states this revenue at $192,000 which does not appear to be an accurate calculation. Further, the Report references a valuation of land in Clarington at $5,000.000/ha, which is inconsistent with the calculated valuation used for Table 1. As such, the potential revenues for each example presented in Table 1 cannot be verified. Further, Table 1 does not use a low density example where the parkland requirements would not change. SECONDARY PLAN APPROVALS Since 2017 the Municipality initiated a program to prepare twelve (12) new and updated Secondary Plans, of which only four (4) have been completed and approved. There have been significant delays in getting the remaining Secondary Plans approved and processing site - specific development applications within these lands. The Report notes that Fiscal Impact Analyses were conducted for each Secondary Plan and provided through the community consultation process. It is also noted that these Fiscal Impact Analyses may need to be updated. Conducting these updates will take significant time and financial commitments resulting in additional delays in approving Secondary Plans and site -specific development applications. Further delays to the outstanding Secondary Plan approvals — and site -specific development applications within approved Secondary Plans — will jeopardize the ability to move forward with development applications and ultimately the construction of new housing. These construction delays will certainly guarantee the Municipality will miss future housing targets and associated provincial funding. Page102 THE BIGLIERI GROUP LTD. 4 CONCLUSION Updating Fiscal Impact Analyses will not change provincial legislation. While updates may provide a better understanding of the impacts stemming from the new legislation, they will not get 'shovels in the ground'— which is ultimately contrary to the point of the legislation itself. Further, in the current environment it is not practical, nor efficient use of public funds, to update such high level analyses every time legislation changes — as the rate of legislative change in recent years has been significant. Legislation could well change again in the coming months, producing different parkland dedication requirements or payments through Development Charges — recent introduction of Bill 185 as evidence. As such, updating the Fiscal Impact Analyses, or preparing any other study that delays Secondary Plans approvals and processing of site -specific development applications, is unwarranted. It will only add additional costs associated with these delays. Further, these Fiscal Impact Analyses may be duplicating the work that is being currently being conducted as part of the Municipality's Parks, Recreation, and Culture Master Plan. That process is the appropriate vehicle to examine the impacts of Bill 23 (and other pieces of legislation) on municipal parkland dedication matters. The land use permissions and height and density provisions in the Secondary Plans should remain in force and continue to guide development approvals. The timing to approve Secondary Plans has been substantial since the program was initiated. The Fiscal Impact Analyses are not necessary and will only cause further delays. The Municipality needs to move forward with approving the outstanding Secondary Plans and continue to process site -specific development applications. We request Council not adopt Recommendation #3. Should you have any questions or require additional information, please contact the undersigned at your earliest convenience. Respectfully, THE BIGLIERI GROUP LTD. KA k Anthony Biglieri, MCIP, RPP Mark Jacobs, MCIP, RPP Managing Partner Associate cc. Durham Region Home Builders' Association Page103 DocuSign Envelope ID: EEDAD F26-6609-4815-B497-6646CEDC9D12 Bennett Jones K r, Andrew Jeanrie Partner Direct Line: 416.777.4814 e-mail: icanrica6ibbennettiones.com Our File No.: 073486.00114 April 18, 2024 VIA EMAIL clerks@clarington.net Mayor Foster & Members of Council Municipality of Clarington 40 Temperance Street Bowmanville, ON LIC 3A6 Dear Mayor and Members of Council: Re: Item 7.1.2 General Government Committee Bennett Jones LLP 3400 One First Canadian Place, P.O. Box 130 Toronto, Ontario, M5X lA4 Canada T: 416.863.1200 F: 416.863.1716 Proposed response to Bill 23, The More Homes Built Faster Act, 2022 We are legal counsel to Minto Communities Inc. ("Minto") who is a member of the Southeast Courtice Landowners Group (the "Landowner's Group"). Our client has an interest in 2149 Courtice Road, Clarington (the "Property") which falls within the Southeast Courtice Secondary Plan. The purpose of this letter is to urge Council not to accept Recommendation 3 of Report Number CAO-002-24. Specifically, our client objects to the proposal: "That Fiscal Impact Assessments be undertaken for all Secondary Plans (inclusive of those completed) to understand the full impact of the legislative changes on each, in particular parkland and DC revenues, and report back to Council prior to any further approvals (inclusive of development application approvals);" This proposal is contrary to the legislative obligations of the Municipality, as well as public policy and the needs of residents of both Clarington and Ontario. It will lead to delays in the delivery of much needed housing and result in time wasted in appeals to the Ontario Land Tribunal, rather than spent in cooperative dialogue between the parties. In short, it is bad public policy that has been brought to Council on a rushed basis (despite its underlying concerns being almost a year and a half old) in a manner that is, itself, contrary to good governance. W SLEGAL\073486\00114\37587313v2 Page104 DocuSign Envelope ID: EEDAD F26-6609-4815-B497-6646CEDC9D12 -2- Proposal Will Make the Housing Crisis Worse Our client is in the process of finalizing its rezoning and draft plan of subdivision approvals for the Property and is facing "an administrative hard stop" if the above motion is adopted by Council and is implemented. We note that this action would be against the spirit of Bill 23, The More Homes Built Faster Act, 2022 and will delay the delivery of approximately 1,100 units to the Municipality. The recommendation would even run counter to what the Municipal CAO highlights in the report: "Housing affordability has become one of the most pressing and challenging issues impacting communities of all sizes across Ontario." "Bill 23 is part of a long-term strategy to help build more homes and make life more affordable for Ontario families." By freezing the review of live applications (such as our client's) it is only going to exacerbate the situation in the Municipality. Yes, Bill 23 will impact the Municipality in how it acquires parkland. However, it does not preclude the Municipality from acquiring land it desires above what the Planning Act presently permits. Our client is united with the rest of the Southeast Courtice Landowners Group in its opposition to Recommendation No. 3 and trust that upon a more thorough consideration of its impact that Council does not move forward with it. Minto Wants to Work with Clarington to Find Positive Solutions Our client has already met with the Deputy CAO, Planning and Infrastructure in order to detail the significant impact this "revisit" of the Southeast Courtice Secondary Plan will have. Any delay will put our client in a situation where they will have to make a decision with respect to options to finalize the review of the already in process applications. One of those options is not what our client wants, and we trust the Municipality does not want as well ... relying on the Ontario Land Tribunal for direction. We will not speak for others, but they will be making the same choice as well all because of the rash decision to consider a strategy to run counter to public policy and, frankly, need, in the Province. Our client looks forward to working with staff and Council to finalize the applications that are before the Municipality today. We request that we are to be notified of any updates or meetings dealing with this matter. Should you have any questions or concerns regarding our comments, please do not hesitate to contact the undersigned. Yours truly, BENNETTJONESLLP Per: DDocuSigned by: 9.6-e, C51975944F4A4D7.,. Andrew Jeanrie c.c.: Client W SLEGAL\073486\00114\37587313v2 100 Bennettjones.com/100Years Page105 BILD Aw April 18, 2024 Mayor Adrian Foster and Members of Council Municipality of Clarington 40 Temperance Street. Bowmanville, ON L1C 3A6 Sent via email to clerks(a)clarington.net RE: The Perfect Storm - Impact of Provincial Changes on our Community CAO-002-024 Regular Council Meeting - April 22, 2024 The Building Industry and Land Development Association (BILD) has recently received the staff report titled "The Perfect Storm - Impact of Provincial Changes on our Community," which was endorsed on April 8th at the General Government Committee and is now scheduled to be brought forward at Council on April 22" d BILD and our Durham members have thoroughly reviewed this report and are expressing significant concern regarding the tone and inevitable consequences of the outlined actions, which will negatively impact the creation of new homes in Clarington. BILD has engaged in extensive discussions with our affiliate association, the Durham Region Home Builders' Association (DRHBA). BILD is in alignment with and supportive of the submissions provided by DRHBA, as well as those from our respective members. Our overarching concern stems from staff's omission to engage the industry in consultation regarding the recommendations outlined in this report, which have direct implications for homebuilding and growth in Clarington. Consultation with the development industry fosters transparent dialogue, provides an opportunity to resolve issues and prevent misinformation, and mitigates the type of correspondences currently before Council on this report. While there are numerous concerns within this report, we believe that at a minimum the following warrant further discussion through consultation with staff and the industry: • The halting of all approvals pending the completion of new Financial Impact Assessments for all Secondary Plans. • Staff's calculations used to determine parkland dedication appear to be inaccurate. Specifically, they have utilized a formula of 1 hectare per 600 units while omitting the 5% dedication requirement for low -density sites. Additionally, there are inaccuracies in the language in this report regarding developers and the provincially regulated parkland contributions set out by the Planning Act. Given the housing crisis in Ontario, it is imperative that municipalities pursue proactive solutions to support housing development rather than reacting based on misinformed reports. Council must recognize that the measures outlined in this report will effectively halt all development in Clarington, making it exceedingly challenging to fulfill the housing targets established in the Housing Pledge signed by Council in March of 2023. 2005 Sheppard Avenue East, Suite 102, Toronto, ON M2J 5B4 bildgta.ca Page106 BILD strongly recommends that Council defer consideration of this report and instruct staff to engage with the development industry to assist in providing a revised report that contains vetted and fair information. We trust you will take all of the comments submitted into careful consideration. Please contact the undersigned for future discussions. Kind regards, 4 Victoria Mortelliti, MCIP, RPP. Senior Manager, Policy & Advocacy CC: BILD Durham Forum Members Stacey Hawkins, DRHBA Dave Wilkes, President & CEO, BILD Paula Tenuta, SVP, Policy & Advocacy, BILD The Building Industry and Land Development Association is an advocacy and educational group representing the building, land development and professional renovation industry in the Greater Toronto Area. BILD is the largest home builders' association in Canada, and is affiliated with the Ontario Home Builders' Association and the Canadian Home Builders' Association. It's 7,300 member companies consists not only of direct industry participants but also of supporting companies such as financial and professional service organizations, trade contractors, as well as manufacturers and suppliers of home -related products. Page107 Cassels April 18, 2024 Email: mayon.5-clarington.net councilCa)clarington.net Municipality of Clarington 40 Temperance Street Bowmanville, ON L1C 3A6 Attention: Mayor Adrian Foster and Members of Council sleisk@cassels.com tel: +1 416 869 5411 fax: +1 416 360 8877 file #060920-00001 Re: Report CAO-002-24, The Perfect Storm - Impact of Provincial Changes on our Community Resolution #GG-067-24 Regular Council Meeting — April 22, 2024 We are the lawyers for the Durham Region Home Builders' Association ("DRHBA") with respect to the above noted item. DRHBA has reviewed Report CAO-002-24, The Perfect Storm, and its members are disappointed with the antagonistic tone of the Report and are deeply concerned with the implications, in particular, should Council accept staff recommendation 3, to undertake Fiscal Impact Assessments for all Secondary Plans prior to any further approvals with a potential to reschedule secondary planning and site -specific applications. Such actions will further delay housing delivery and increase housing costs, counteracting both provincial and local efforts to accelerate housing and improve affordability. As staff acknowledges in the Report, the recommendations will further impact the Municipality's ability to meet its housing pledge. DRHBA requests that Council refuse to adopt recommendation 3 and prevent unnecessarily restarting or reopening secondary plans as this will directly lead to significant housing delays and increased costs to both the Municipality and the industry and ultimately eroding affordability gains achieved through the legislative changes made through the Bill 23, More Homes Built Faster Act, 2022. DRHBA is the voice of the residential construction industry in Durham Region and for over 70 years has been a partner in ensuring local and regional policies, programs and fees support building beautiful neighbourhoods in Durham. The Report's attempt to frame developers as taking parkland away from communities at the expense of taxpayers is inflammatory and misrepresents the reality that municipal charges (including gratuitous parkland dedications) imposed on new development necessarily impact affordability and the industry's ability to deliver housing. DRHBA's members have also identified errors in the examples presented in the Report and have advised they are indeed providing parkland consistent with proposed secondary plan x, 416 869 5300 1 Cassels Brock & Blackwell LLP f: 416 360 8877 Suite 3200, Bay Adelaide Centre - North Tower, 40 Temperance Street casseIs.com Toronto, ON MSH OB4 Canada Page108 Cassels April 18, 2024 Page 2 policies, suggesting any reduction in anticipated parkland is, at best, exaggerated. To be clear, to the extent there are reductions, developers are not improperly demanding reduced parkland to enrich themselves but are acting in compliance with provincial legislation, as the Municipality is also required to do. Should the Municipality choose to purchase lands beyond that required to be dedicated under the Planning Act, it can be presumed to be doing so at the cost of and for the benefit of all taxpayers in the best interest of the municipality, and not to place an undue burden on new home buyers. While municipalities do not control when a developer decides to pull a permit, the Municipality can ensure its important role in community building, including processing development applications and advancing community -wide planning, is undertaken efficiently and in good faith. We ask that the Municipality confirm its commitment to honour the extensive secondary planning work undertaken to date and proceed to process development applications across the Municipality, as it is required to do at law. DRHBA appreciates the opportunity to submit comments and thanks Council for its consideration of its request. DRHBA looks forward to continuing to work with the Municipality to ensure its members' efforts to get homes built quickly and affordably are not interrupted by unnecessary and unproductive planning delays. Yours truly, Cassels Brock & Blackwell LLP Signe Leisk SL/AP/nv cc: Client Page109 Cassels April 18, 2024 Email: mayon.5-clarington.net councilCa)clarington.net Municipality of Clarington 40 Temperance Street Bowmanville, ON L1C 3A6 Attention: Mayor Adrian Foster and Members of Council sleisk@cassels.com tel: +1 416 869 5411 fax: +1 416 360 8877 file #035977-00032 Re: Report CAO-002-24, The Perfect Storm - Impact of Provincial Changes on our Community Regular Council Meeting — April 22, 2024 We are counsel to Brookfield Residential (Ontario) Limited ("Brookfield"), the owner of lands in Clarington which includes approximately 39.96 hectares in the proposed Courtice Transit - Oriented Community Secondary Plan ("CTOCSP"), and lands in the Southeast Courtice Secondary Plan ("SECSP") for which Brookfield currently has development applications for 76 street townhouse units plus one Medium Density Regional Corridor Block in the Municipality's second stage pre -consultation process. Brookfield has reviewed the above -noted Report and is very concerned with the delay, lost planning and technical work, and diminished goodwill amongst stakeholders that will result should recommendation 3 be adopted. Brookfield requests Council refuse to adopt recommendation 3 to the extent any further Fiscal Impact Assessments be permitted to create any delay in advancing secondary planning or development application review and approvals. Brookfield has been involved in the planning for the SECSP and proposed CTOCSP, investing significant time and resources into the Municipality's process. Planning for these areas began before Bill 23, More Homes More Homes Built Faster Act, 2022, and has since continued, and Brookfield sees no planning or legal basis for halting the planning and development of these communities. Brookfield is concerned with the Report's failure to recognize applicable law, which all stakeholders must follow, and to consider the implications of excess parkland dedication on the ability of owners to deliver on local, provincial, and national housing supply and affordability goals. We note Brookfield also recently provided comments to Community Planning regarding the December 2023 draft CTOCSP and urban design guidelines, which raise legitimate and specific planning concerns with the proposed land use requirements and restrictions which significantly impact the lands available for residential and mixed -use development and risk achievement of the overarching vision of the CTOCSP. x, 416 869 5300 1 Cassels Brock & Blackwell LLP f: 416 360 8877 Suite 3200, Bay Adelaide Centre - North Tower, 40 Temperance Street casseIs.com Toronto, ON MSH OB4 Canada Page110 Cassels April 18, 2024 Page 2 Brookfield remains committed to the successful development of communities in Clarington and asks the Municipality commit to transparent and efficient planning processes to ensure these communities can be developed quickly and affordably, such that community benefits, including parkland contributions and development charges required in accordance with applicable legislation, can occur without undue delay. Brookfield appreciates the opportunity to submit comments and thanks Council for its consideration of its request. We request to be provided with written notice of any actions or decisions made by Council or committees respecting this matter. Yours truly, Cassels Brock & Blackwell LLP Signe Leisk SL/AP/nv cc: Raivo Uukkivi Page111 16 D E LT\ U R B \N SPECIALIST IN LAND MANAGEMENT +DEVELOPMENT April 18", 2024 <Sent via email to Clerks@clarington.ca> Municipality of Clarington 40 Temperance St Bowmanville, ON, L1C 3A6 Attention: Mayor and Members of Council RE: Staff Report "The Perfect Storm - Impact of Provincial Changes on our Community" Report No. CAO-002-24, General Government Committee Courtice Transit -Oriented Community Landowners Group Municipality of Clarington (the "Municipality"), Region of Durham (the "Region") Dear Your Workship and Members of Council, I am writing in my capacity as the Group Manager on behalf of the Southeast Courtice Landowners Group (SE Courtice LOG), the Courtice TOC Landowners Group (CTOC LOG), and the Southwest Courtice Landowners (SW Courtice LOG) —collectively referred to as the "Groups" — regarding the staff report (the "Report") presented at the General Government Committee meeting on April 8th, 2024. The Groups own majority of the lands within the Southeast Courtice Secondary Plan, the Southwest Courtice Secondary Plan, and Courtice TOC Secondary Plan Area, as illustrated in the attached Landownership Maps (Appendix A). Accompanying this letter are additional submissions from our Planning Consultant, GHD Limited, and our Planning Lawyer, Osler, Hoskin & Harcourt LLP, included as Appendix B and Appendix C, respectively. These letters have been submitted to Council directly as well. We wish to express our concern regarding how the report was handled —specifically, its addition to the meeting agenda merely one business day prior to the meeting. This timing did not allow adequate opportunity for the public and stakeholders to fully comprehend the issues and their implications. Notably, recommendation no. 3 suggests halting further development approvals until a Fiscal Impact Assessment is completed —a measure that, in our view, requires more thorough discussion with the development committee and broader engagement with landowners. The members of the Groups have been significant contributors to the community for decades. For the past eight years, we have collaborated closely with the Municipality on various secondary plans in south Courtice. The SE Courtice LOG was instrumental in the adoption and approval of the Southeast Courtice Secondary Plan in 2020. Similarly, the SW Courtice landowners played a key role in the adoption and approval of the Southwest Courtice Secondary Plan, while the CTOC LOG continues to work diligently on advancing the Courtice TOC Secondary Plan with the Municipality. Page 1 of 3 8800 Dufferin St. Suite 104 T 905 660 7667 Vaughan Ontario L4K 005 DELTAURBAN COM Page112 SPECIALIST IN LAND D E LT\ U; B XN MANAGEMEN (+DEVELOPMENT Collectively, the SE Courtice and SW Courtice LOGS have invested millions into the community and have recently contributed $1.13 million towards affordable housing, with an additional $1.13 million committed over the coming years. We are concerned that the staff report has unfairly singled out the SE Courtice Landowners Group, mischaracterizing our compliance with parkland requirements. As detailed in the letter from GHD Limited dated April 18th, these allegations are both inaccurate and misleading. We strongly urge the Council to defer the Report and to remove Recommendation No. 3. It is crucial that the Municipality does not delay approval of development applications that align with the Planning Act and approved secondary plans. We also request continued advancement of active plans, like the Courtice TOC Secondary Plan, ensuring alignment with provincial policies and guidelines. The Groups are committed to working with the Municipality to ensure that obligations regarding parklands are met to support current and future residents within the various Secondary Plans areas. The Groups are dedicated to providing much -needed housing and are actively collaborating with the Municipality and the Region and are advancing approximately $15 million worth of infrastructure projects over the next 12-16 months to support development in SE Courtice, SW Courtice, and Courtice TOC. Thank you for considering our position. We look forward to your support and to a constructive dialogue on these matters. Yours very truly, On behalf of: Southwest Courtice Landowners Group Inc. Southeast Courtice Landowners Group Inc. Courtice TOC Landowners Group Inc. Mustafa Ghassan, BES, M.Eng-CEM Delta Urban Inc. CC. Scott Waterhouse and Bryce Jordan, GHD Limited Chris Barnett, Osler, Hoskin & Harcourt LLP Members of the Groups Enclosed. Appendix A — Ownership Map Appendix B — GHD Limited Letter(s) Appendix C - Osler, Hoskin & Harcourt LLP Letter Page 2 of 3 8800 Dufferin St. Suite 104 T 905 660 7667 Vaughan Ontario L4K 005 DELTAURBAN COM Page113 a E LT U� B N SPECIALIST IN LAND MANAGEMENT+ DEVELOPMENT Appendix A — Ownership Map Page 3 of 3 8800 Dufferin St. Suite 104 T 905 660 7667 Vaughan Ontario L41K 005 DELTAURBAN.COM Page115 I I II ■EVEN .■_■._■■ SEEN .. MOVIES _.._.._ LIE i 1 1 SOUTH COURTICE LAND J DEVELOPMENT r�lr LTD. (1B) O■ 0■ z z SOUTH COURTICE "' LAND DEVELOPMEN1 o LTD. (1A) \ U�. ii ii==iiiiii� 111111111111111111111111111=■■1111�� 111111111111111111111111111 0lllllllll/�� 11111111111111111111111111=IIIIIIIIIIIIIIIIIIII►/�� IIIIIIIIIIIIIIIIIIIIIIIIIIIII o111111111111111111/�� "Nommommmon I 11111111111= 11111111111� DELPARK HOMES (PRESTONVALE) INC. MOSER,_j �a DOUGLAS; --- MOSER, iTAMMY �RUDOLPH, i BRIGITTE; MOASE, RONALD BRUCE BAGG, J LESLI-ANNE; / BAGG, BILLY GRAHAM WI O P-E _R1Y ALLWIN PROPERTY Ij\ I INVESTMENT LTD. (b) Qo 1 THE CORPORATION OF THE MUNICIPALITY OF s CLARINGTON • ` THE UKRAINIAN CATHOLIC EPISCOPAL CORPORATION OF EASTERN CANADA 11� _ *NOTE: LAYOUT IS SCHEMATIC ONLY, DETAILS TO BE PROVIDED AT DETAILED DESIGN STAGE. is ,Frain■ ■—■■ COMMUNITY BOUNDARY NON -PARTICIPANT — — — — OWNERSHIP BOUNDARY m11m11m SECONDARY PLAN BOUNDARY SPECIAL STUDY AREA 30 CENTURIAN DRIVE, SUITE 100 consulting MARKHAM, ONTARIO L3R 868 g TEL: (905) 475-1900 group Itd FAX: (905) 475-8335 SOUTHWEST COURTICE LANDOWNERS GROUP DESIGNED BY: C.A.M. CHECKED BY: J.L.B. SCALE: 1:7500 DATE: MAY 2022 III — I — OWNERSHIP FIGURE PROJECT No: 2280 FIGURE No: SCHEDULE A File. P.\2280 SW C.,Page 1111d6- A -en -own Group\Drawings\Cost Sharing\Fig\Schedule Figures\2y80C5 .^.WNi d,q FeM sec �y <CMACDONALD> - Tue, May 03 2022 - 9.27— 1 -1� TA Participating Landowners Urban Boundary Expansion Page117 COURTICE TRANSIT ORIENTED COMMUNITY Ownership Map # Ownership Legal Name Area (ha) inclusive (ha) 1 BAGG, LESLI-ANNE; BAGG, BILLY GRAHAM 16.04 5.59 2 FRACZ, IZABELLE 4.05 2.80 3 CARUSO, ROSA; CARUSO, PHILIP 27.33 27.33 4 BAGG, LESLI-ANNE; BAGG, BILLY GRAHAM 9.10 9.10 5 TRIBUTE (KING STREET) LIMITED 46.93 20.81 6 BELLCORP HOLDINGS LIMITED 17.43 17.43 7 TRIBUTE (KING STREET) LIMITED 19.11 15.95 8 YOUR HOME DEVELOPMENTS 23.81 23.81 9 TRIBUTE (KING STREET) LIMITED 26.70 26.696 10 AFANA, ABRAHAM 5.35 5.35 11 ICHATTERTON, CHRISTYANGELA; CHATTERTON, KEVIN RICHARD 2.43 2.43 12 BROOKFIELD PROPERTIES 46.32 TBD 13 METROLINX 12.14 14 CATION, SHARON; CATION, DAVID HUNTER 1.89 1.89 15 2610144 ONTARIO LIMITED 11.08 11.08 16 APEX ENGINEERING CONSTRUCTORS INC. 4.56 4.56 17 MILLER PAVING LIMITED 31.15 6.76 18 HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ONTARIO, REPRESENTED BY THE MINISTER OF TRANSPORTATION FOR THE PROVINCE OF ONT 40.09 19 HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ONTARIO, REPRESENTED BY THE MINISTER OF TRANSPORTATION FOR THE PROVINCE OF ONT 3.76 20 WASTE MANAGEMENT OF CANADA CORPORATION 4.19 4.19 21 HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ONTARIO, REPRESENTED BY THE MINISTER OF TRANSPORTATION FOR THE PROVINCE OF ON 2.50 22 HARDING, BARRY RICHARD; HARDING, CINDY LOU; HARDING, LARRY ROBERT 2.44 2.44 23 WILLIAMSON, LINDA 7.18 7.18 24 410319 ONTARIO INC. 3.86 3.86 25 SCHMID, JOSEPH; SCHMID, JAYNE LEE 2.75 2.75 26 2519759 ONTARIO INC. 3.76 3.76 27 5034279 ONTARIO INC. 1.21 1.21 28 VETERE HOLDINGS LIMITED 2.63 2.63 29 IBELLCORP HOLDINGS LIMITED 2.98 2.98 30 ISTORAGE DEPOT INC. 3.50 3.50 31 JALPA PRE-ENGINEERED PANEL SYSTEMS INC. 2.72 2.72 32 11 OVISEK, SANDRA MARIE; LOVISEK, DAVID JOHN; 35.46 TBD TOTAL 424.42 218.79 Source: D E LT\ U :? B \N Geowarehouse/ Maps Date: November 11, 2018 Description: Ownership Map Updated: CourticeTransit Oriented June 8, 2023 Community Municipality: Clarington Scale: Region: Durham N.T.S a E LT U� B N SPECIALIST IN LAND MANAGEMENT+ DEVELOPMENT Appendix B — GHD Limited Letter(s) Page 4 of 5 8800 Dufferin St. Suite 104 T 905 660 7667 Vaughan Ontario L41K 005 DELTAURBAN.COM 65 Sunray Street Whitby, Ontario UN 8Y3 Canada www.ghd.com Our ref: 11148794 April 18, 2024 Municipality of Clarington Office of the Municipal Clerk Attn. Members of Council April 8, 2024 General Government Committee - CAO Report 002-24 Southeast Courtice Landowners Group Dear Mayor Foster and Members of Council We are the planning consultants for the Southeast Courtice Landowners Group (SECLOG), a landowners group who collectively own the majority of the land located within the Southeast Courtice Secondary Plan (The SECSP). On behalf of the SECLOG we are writing in response to CAO Report 002-24 which was recently presented at the April 8, 2024 Clarington General Government Committee meeting. More specifically, we are writing to address and correct some of the park dedication information provided in the report pertaining to the SECSP. CAO Report 002-24, specifically page 11 under the heading `Southeast Courtice Secondary Plan — a Visual of Potential Loss', indicates that some developers within the Secondary Plan are demanding that their park allocations be reduced, implying that reduced park sizes are being proposed through development applications and hence providing less park area than required in the Secondary Plan. Section 4.13 of the CAO report continues that `Figure 5 shows the potential loss of parkland within the SECSP area based on the new parkland rates under the Planning Act. Without intervention, the Municipality has the potential to lose a minimum of 8.5 hectares of parkland within the SECSP area, ultimately eliminating all five parkettes and 3 neighbourhood parks." This statement implies that landowners within the SECSP have suggested to staff that park sizes in their respective draft plan of subdivisions are or will be reduced. This is inaccurate and misleading. For context, the policies of the SECSP provides a Neighbourhood Park size range between 1.5 hectares and 3.0 hectares. The policies of the Secondary Plan also clarify that the exact size of parks are to be determined at the time of development application review. We can confirm that each of the participating Landowner Group members with active development review applications with Clarington (either in pre -consultation review stage or draft plan approved) are providing neighbourhood park sizes consistent with the noted policies of the Secondary Plan. These applications and park sizes are summarized below: • Tribute (Courtice) Limited (SC-2021-006)— 1.13 hectare Neighbourhood Park (Note that this park size has been formally reviewed and accepted by Clarington Planning staff) • Tribute (King Street) Limited (SC-2021-007) — 1.64 hectare Neighbourhood Park (draft approved) • Brookfield Residential (Ontario) Limited — 1.4 hectare Neighbourhood Park • Minto Communities Inc. (SC-2022-0012) — 1.5 hectare Neighbourhood Park • Redwood Properties — 1.89 hectare Neighbourhood Park 4 The Power of Commitment age 119 GHD In summary, as applicable to active SECSP development applications, the policies of the SECSP require a minimum of 7.5 hectares of neighbourhood park area and these applications collectively are providing 7.56 hectares of neighbourhood park. Based on this information, the statements in the staff report that the landowners are seeking reduced park areas less than the policies of the SECSP is inaccurate. Further, the CAO report does not delineate between participating and non -participating landowners in the SECSP area and does not illustrate the significant land area that has no active development application with the Municipality. Figure 5 of the staff report identifies 'removed parkland (eligible for development)' on lands in the north-east quadrant of the SECSP area that are not part of the SECLOG and do not have active development applications with the Municipality. Figure 5 also includes the existing Courtice Memorial Park, which is owned by the Municipality as a 'removed parkland'. Figure 5 is inaccurate and does not accurately reflect the parklands that are being provided, the existing municipal park and the future parks. To better explain this information, the attached park review chart illustrates the anticipated area of each park in the SECSP, the area of each park in active development applications and the anticipated future park areas for non -participating lands. This chart confirms that the overall park areas exceed the minimum park areas required in the SEC Secondary Plan. In conclusion, the participating landowners with active applications with Clarington are providing the park sizes consistent with the policies of the SECSP. Regards, 10�00WM��� Scott Waterhouse, RPP Planning Manager +1 905 429-4999 scott.waterhouse@ghd.com Copy to: SECLOG C/O Delta Urban Page 120 11148794 1 Letter to Clarington re. CAO Report 002-24 2 Southeast Courtice Parkland Ft:view 4/17/2024 based on active MnimumparksizeperSECourtice development Parkland anticipated to be ParklD Park Type Secondary Ran (Ha.) application(Ha.) provided in thefuture (Ha.) Total Park Areas (Ha.) #1 (TdbuteCourtice) NF 1.5 1.13 #2 (Tdbute Hng Street) NF 1.5 1.64 #3 (Brookfield) NF 1.5 1.4 #4 (MntoCommunities) NF 1.5 1.5 #5 (Redwood Properties) NF 1.5 1.89 #6 F 0.5 0.5 # 7 F 0.5 0.5 # 8 P 0.5 0.5 #9(BdstingCourticeMemorial Park, includes expansion) NP 2.14 2.14 # 10 F 0.5 0.5 # 11 NF 1.5 1.5 # 12 F 0.5 0.5 # 13 NF 1.5 1.5 15.14 7.56 7.64 Total Breakdown: Mn. size per Secondary Ran Active Development To be provided in the future Applications Neighborhood Parks (Active Dev.Applications) 7.50 7.56 0.00 Neighborhood Parks (Future Dev. Applications) 3.00 0 3.00 BdstingCM Park (incl. future expansion) 2.14 0 2.14 Total neighborhood Park 12.64 7.56 5.14 Total Parkettes 2.50 0.00 2.50 2 1- Sandringham Drive i.L--- I , II 1 1 1 'a I 'I m ce c 1 5 1 �71 15.20 Total Park Areas 7.56 3 2.14 12.7 2.50 a r r •. 61a or Strect ••• Caurtioc Road �..r..�A(D­6K -j rr.r ScheduleB-Transportation, Parks and Open Space Southeast Caurtica Secondary Plan - �rvegroo�rmwPary * .-. ® FSMrvx Page 121 65 Sunray Street, Whitby, Ontario UN 8Y3, Canada www.ghd.com Our ref: 11185543 18 April 2024 Municipality of Clarington Office of the Municipal Clerk Attention: Members of Council April 8, 2024 General Government Committee -- CAO Report 002-24 Southwest Courtice Landowners Group Dear Mayor Foster and Members of Council: We are the planning consultants for the Southwest Courtice Landowners Group (the Landowners Group), a landowners group who collectively own the majority of the land located within the Southwest Courtice Secondary Plan (the Secondary Plan). On behalf of the Landowners Group, we are writing in response to CAO Report 002-24 which was recently presented at the April 8, 2024 Clarington General Government Committee Meeting. More specifically, we are writing to address the park dedication status of the Secondary Plan Area. The Staff Report gives the impression that all Secondary Plan areas will be deficient in parkland dedication due to the reduction of alternative parkland requirement in Bill 23 from 1 hectare per 300 units to 1 hectare per 600 units. Firstly, we note that the alternative requirement only applies to development blocks with greater than low density development. The majority of parkland dedication within the Southwest Courtice Secondary Plan, will continue to be based on 5% of the land area. Secondly, it is not appropriate to apply the Planning Act parkland dedication requirements to individual parcels in an area which has a cost sharing agreement. The only way to provide for larger parks beyond an individual developer's obligation is through a Cost Sharing Agreement between the developers and a Master Parks Agreement between the Landowners Group and the Municipality. We have calculated the difference in parkland dedication from development in the Southwest Courtice Secondary Plan Area under the Clarington Parkland Dedication By-law both before and after Bill 23. We found that Bill 23 has had the effect of reducing the required parkland dedication by 14% not the 50% purported in CAO Report 002-24. In our opinion recommendation 3 of the subject report, particularly delaying development approvals, should not be adopted as it is based on erroneous information. Re ards Bryce Jord�,RPI' Planning Lead +1 905 429 4966 bryce.jordan @ ghd. The Power of Commitment Page 1 2 ;HD Limited 111185443 1 Southwest Courtice Landowners Group a E LT U� B N SPECIALIST IN LAND MANAGEMENT+ DEVELOPMENT Appendix C — Osler, Hoskin & Harcourt LLP Letter Page 5 of 5 8800 Dufferin St. Suite 104 T 905 660 7667 Vaughan Ontario L41K 005 DELTAURBAN.COM Osler, Hoskin & Harcourt LLP Box 50, 1 First Canadian Place Toronto, Ontario, Canada M5X 1B8 416.362.2111 MAIN 416.862.6666 FACSIMILE Toronto April 18, 2024 Montr6al Calgary Sent By Electronic Mail Ottawa Office of the Municipal Clerk / Vancouver Legislative Services Municipality of Clarington New York 40 Temperance Street, 2nd Floor Bowmanville, ON L1C 3A6 Dear Mayor and Members of Council: RE: April 22, 2024 Council meeting Agenda item 7.1.2 Report CAO-002-24 OSLEIZ Chris Barnett Direct Dial: 416.862.6651 CBamett@osler.com Our Matter Number: 1231398 We are counsel to the Southeast Courtice Landowners Group Inc., the South West Courtice Landowners Group Inc. and the Courtice TOC Landowners Groups Inc. (collectively the "Groups"). Together, the Groups own the majority of the lands within the South Courtice area that are projected to deliver 9,172 of the 13,423 units that are included in the Municipality's Housing Target pledge' by 2031. Our clients have reviewed with concern staff report CAO-002-24 (the "Report"). If Council adopts Recommendation 3 of the Report, the ability of the Groups to deliver much needed housing to meet Clarington's Housing Target will be significantly impaired. We understand that the Report was added late to the Agenda and was presented at the April 8, 2024 General Government Committee (GGC) meeting, with little notice, limiting the ability of affected stakeholders to comment. Recommendation 3 suggests that no further development approvals be given prior to a Fiscal Impact Assessment being completed. This would include development application approvals within secondary plans that are approved and in force, and would include applications that are in conformity with, and implement, those in force plans. This recommendation is based on the incorrect premise that Clarington is potentially facing a 50% reduction of parkland as a result of legislative changes initiated by the provincial government in Bill 23. The requirements for parkland are clearly established by the Planning Act, as amended by Bill 23. The maximum rate set by law for residential development is either 5% of the land included in a plan of subdivision or 1 hectare for 600 units proposed. If a municipality has in place a parkland by-law that applies higher dedication rates than are in the Act, then the maximum rates in the Act apply. ' Report PDS-0090-23 Page124 osler.com OSLEIZ Page 2 Contrary to the claims made in the Report, all members of the Groups and landowners within the Southeast Courtice Secondary Plan area (which is singled out in the staff report) are meeting their parkland requirements by including parkland at the 5% rate, which was unchanged by Bill 23. This includes parkland that is already draft plan approved,2 as well as applications for draft plan approval that have been made and staff have confirmed they are satisfied with the parkland proposed.' The map on page 13 of the staff report shows the park that is the subject of a draft plan application by Tribute (Courtice) Limited as being "removed", despite the fact that an application has been filed clearly showing the parkland in the approved location. The suggestion that 50% of the parkland will be lost based on the Bill 23 changes does not take into consideration the fact that most greenfield plans of subdivision use the unchanged 5% rate. It is also based on an inaccurate and misleading representation of what is actually being proposed by members of the Groups. On behalf of the Groups, we urge Council to not pause the consideration or approval of development applications, and not approve Recommendation #3. The approval of that Recommendation will almost certainly lead to appeals being filed to the Ontario Land Tribunal, which will lead to increased costs and delay in the delivery of needed housing. Yours truly, Chris Barnett Partner CB:s c: Southeast Courtice Landowners Group Southwest Courtice Landowners Group Courtice TOC Landowners Group LEGAL 1:85862952.1 2 Tribute (King Street) Limited (SC-2021-007) — 1.64 hectare Neighbourhood Park 3 Tribute (Courtice) Limited (SC-2021-006)— 1.13 hectare Neighbourhood Park Page125 65 Sunray Street, Whitby, Ontario UN 8Y3, Canada www.ghd.com Our ref: 11185543 18 April 2024 Municipality of Clarington Office of the Municipal Clerk Attention: Members of Council April 8, 2024 General Government Committee -- CAO Report 002-24 Southwest Courtice Landowners Group Dear Mayor Foster and Members of Council: We are the planning consultants for the Southwest Courtice Landowners Group (the Landowners Group), a landowners group who collectively own the majority of the land located within the Southwest Courtice Secondary Plan (the Secondary Plan). On behalf of the Landowners Group, we are writing in response to CAO Report 002-24 which was recently presented at the April 8, 2024 Clarington General Government Committee Meeting. More specifically, we are writing to address the park dedication status of the Secondary Plan Area. The Staff Report gives the impression that all Secondary Plan areas will be deficient in parkland dedication due to the reduction of alternative parkland requirement in Bill 23 from 1 hectare per 300 units to 1 hectare per 600 units. Firstly, we note that the alternative requirement only applies to development blocks with greater than low density development. The majority of parkland dedication within the Southwest Courtice Secondary Plan, will continue to be based on 5% of the land area. Secondly, it is not appropriate to apply the Planning Act parkland dedication requirements to individual parcels in an area which has a cost sharing agreement. The only way to provide for larger parks beyond an individual developer's obligation is through a Cost Sharing Agreement between the developers and a Master Parks Agreement between the Landowners Group and the Municipality. We have calculated the difference in parkland dedication from development in the Southwest Courtice Secondary Plan Area under the Clarington Parkland Dedication By-law both before and after Bill 23. We found that Bill 23 has had the effect of reducing the required parkland dedication by 14% not the 50% purported in CAO Report 002-24. In our opinion recommendation 3 of the subject report, particularly delaying development approvals, should not be adopted as it is based on erroneous information. Re ards Bryce Jord�,RPI' Planning Lead +1 905 429 4966 bryce.jordan @ ghd. The Power of Commitment Page 1 26QHD Limited 111185443 1 Southwest Courtice Landowners Group ��► D E L PA R K 8888 Keele Street, Units 13-14 Concord, On L4K 21\12 OF HOMES Telephone: (416) 309-2009 Facsimile: (905) 738-8787 Your Future"" delparkhomes.ca 416-309-2009 ext 234 eddy@del pa rkhomes.ca Municipality of Clarington 40 Temperance Street Bowmanville, ON L1C 3A6 Attention: Mayor and Members of Council Dear Mr. Foster and Members of Council, RE: Response to General Government Committee Report: "The Perfect Storm - Impact of Provincial Changes on Our Community" Delpark Homes is the owner of various parcels of development lands within Brookhill Secondary Plan and Bayview (Southwest Courtice) Secondary Plan areas in the Municipality of Clarington. We are writing this letter in response to "The Perfect Storm - Impact of Provincial Changes on our Community" Staff Report that was presented to the General Government Committee on April 8th, 2024. The report states in section 2 that "Bill 23 introduced a maximum parkland/cash-in-lieu cap for residential development which results in a parkland dedication reduction, dependant on density, of a minimum of 50 percent." We wish to clarify that this is not the case for our developments as the development plans we are currently advancing within the above mentioned secondary plans are ground related housing (single detached homes, and townhouses) and parkland is to be calculated at the standard rate of 5% under section 51.1 of the Planning Act. The parkland calculation is also supported by the Municipality's current Parkland Dedication By-law. Bill 23 changes are related the alternative rate for parkland calculation mainly used for high density residential developments. Furthermore, the examples provided in the Report do not paint the entire picture for the overall parkland dedication calculation for the Secondary Plans and it is skewed towards high density development utilizing the alternative rate calculation. We also find it problematic that the Report recommends Council to hold off any further development approvals within the above mentioned Secondary Plans. The lengthy Secondary Plan approval process already pushed back the development timing for our lands numerous times and we can't afford any further delays. We suggest Council to reconsider imposing recommendation number 3 in the above mentioned report to hold off on any further development approvals as this will further delay the much needed housing that we could deliver to meet your provincial housing target. Should you wish you further discuss, please do not hesitate to contact me. Page127 Yours very truly, Eddy Chan Enclosures Page128 Clarington MEMO If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Council From: Mary -Anne Dempster, CAO Date: April 22, 2024 Memo #: Memo-002-24 Re: Clarification Update on The Perfect Storm Report Regarding CAO-002-24 - The Perfect Storm - Impact of Provincial Changes on our Community, please note the following: It is important to note that staff's recommendations in this report will not stop the processing of development applications. We will continue to process active applications within Secondary Plan areas, as well as new ones as they come in. The fiscal impact assessment is not a new requirement and is a critical piece of good planning. An updated assessment for each Secondary Plan would need to be completed as part of bringing any development application recommendation to Council for approval. For items 4.12 and 4.13, Figure 4 and Figure 5 demonstrate a visual of the potential loss of half the parkland in the Southeast Courtice Secondary Plan. For clarity, this visual is for illustrative purposes only to demonstrate the amount of parkland before and after Bill 23 under the Planning Act. Further, since this report was discussed on April 8, 2024, the Province of Ontario has introduced Bill 185, the proposed Cutting Red Tape to Build More Homes Act, 2024 (April 10, 2024) and an updated Provincial Planning Statement, which propose changes to the Planning Act, Development Charges Act and Municipal Act. This legislation would reduce the impact to development charges as outlined in item 5.2 of this report, but would not impact parkland dedication. Staff are working through the potential impacts of this additional legislation, and will bring a report to committee. The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1 C 3A6 1-800-563-1195 1 Local:905-623-3379 1 info@clarington.net I www.clarington.net Page129 Page 2 We are currently discussing applications with the development community, and some have indicated that they will be following the allotment provided for under Bill 23 rather than the previously approved land use plans. Staff are committed to working with the development community to find a collaborative path forward to develop complete communities and grow responsibly. Mary -Anne Dempster Chief Administrative Officer The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1 C 3A6 1-800-563-1195 1 Local:905-623-3379 1 info@clarington.net I www.clarington.net Page130 Bowmanville, Ontario L1C 6.13 April 19, 2024 By E Mail Attachment Office of The Clerk Municipality of Clarington 40 Temperance St, Bowrmanville, ON L1C 3A6 To Whom It May Concern: Re: Proposed Amendments to By-law 2008-114, Site Alteration By-law Introduction and Purpose am writing regarding the proposed changes to the above -captioned By-law as contained in report LGS-016-24 which was presented at the Municipality's General Governance Committee meeting on April 8, 2024 and which is subject to adoption at Council's regular meeting on April 22, 2024. I have a keen interest and extensive experience in the management of excess soil from construction projects but was unable to attend the January 25, 2024 PIC on this matter. Consequently, I wrote to the appropriate person at the Municipality on January 29 requesting that I be kept apprised of further developments pertaining to the proposed changes to the existing By-law as well as being provided with a copy of the PIC presentation changes. I was assured that such information would be provided when available. Unfortunately, it was not until earlier this week when I was contacted by Ms. Cassy MacDonald of the Mayor's Office, who knew I had an interest in this area, and informed that the proposed changes to the By-law had been drafted and already presented to the General Governance Committee. I thank Ms. MacDonald for her diligence and thoughtfulness. As Deputy Municipal CAO, Rob M aciver, who presented on this matter to the General Governance Committee on this matter last week is not available, I have since discussed the general content of what follows with Michelle Chambers of the Legislative Services Department. The events above expla in the late submission of my comments. As the upcoming Council meeting vn the evening of April 22 coincides with the first night of Passover, my faith obligations prevent me from delegating to Council at that time. Page 131 My intent in writing is to offer constructive input to hopefully improve upon the proposed changes and thereby achieve better outcomes in excess soil management as aspired to in the amended By --law. This intent is motivated by. • My part-time residency in Clarington and wish for improved excess soil management practices in my locale. ■ My long-standing involvement in the Clarington business community, particularly in the area of land development. ■ My commitment to give -back to the community and enhance benefits to its members, ■ My extensive experience in the field of excess soil management from construction projects. Without becoming self-congratulatory, I believe it important for Council to have some understanding of my commitment to improving outcomes in excess soil management_ As a homebuilder who has garnered numerous local and provincial awards for sustainable practices, I became concerned that our industry conduct regarding the handling of excess soil from our construction endeavors was, at times, unacceptable, leading to, in some cases, highly detrimental outcomes that negatively impacted upon environmental and human health. Accordingly, about 10 years ago, I volunteered to be, and still am, the delegated representative of The Ontario Homebuilders' Association on this fife. While the comments contained herein are strictly my own, this delegated position resulted in my being a key member of the Ministry of the Environment's Provincial Engagement Group that helped shape O. Reg. 406/19: ON -SITE AND EXCESS SOIL MANGEMENT. This Regulation provides for sweeping changes in the appreciation and practice of excess soil management along with extensive rules for same and significant penalties for infractions. It has been lauded by many other jurisdictions as being one of the most advanced of its kind. With this knowledge, I have delivered countless, speeches, webinars and educational opportunities for all stakeholders in the excess soil chain of custody, including many that have been attended by Municipal representatives throughout the Province. I have also been a co-founder of a commercial enterprise, SoilFLO Inc. (www.soilflo.com) that has provided soil management solutions and enhanced outcomes for construction projects across Canada and in countries abroad. SoilFLO has been involved in literally millions of truckloads of removal, transport and deposit of excess soil and is used by numerous contractors operating throughout Durham Region. it is also used by numerous Municipalities and other government agencies throughout Ontario as a procurement standard for infrastructure works concerning their own properties. 2 Page 132 This foundational experience leads me to applaud the Municipality's initiative to update its site alteration By-law. That being said, I believe there are opportunities for further improvements to what has been proposed. The focus on this matter also gives rise to reviewing how the Municipality may use the provisions of ❑. Reg 406/19 to its greatest advantage. Understandin Q. Reg 406/19 and its Intersection with Municipal By-laws Ontario Regulation 406/19: ON -SITE AND EXCESS SOIL MANAGEMENT was made into law in late 2019 under the Environmental Protection Act. It was done so after extensive and collaborative consultation with all stakeholders in this arena, including representatives from the Municipal government sector. The fundamental shaping of this Regulation was accomplished under the previous Liberal government and because of its wide support was made into law by the subsequent Conservative administration. It generally applies to instances where a volume of excess sail exceeding 2,000m3, is extracted from one site and moved to another. This means that small excavations may be exempt from the Regulation but that developments of moderate to larger scope, whether exporting or importing soil fall within the prescripts of the Regulatian. A common rule of thumb is that a standard dump truck carries 14m3 of soil so those projects where 200 truckloads of displaced soils are involved are subject to the Regulation with some specific exemptions. Without digressing into a thesis on the Regulation, its salient features are as follows: 1. Excess Soil is to be regarded as a resource rather than a waste unless otherwise specified. 2. Testing, tracking and proper record -keeping for all soil movements subject to the Regulation is mandatory. 3. Responsibility and liability for adherence to the Regulation falls onto the Owner of the property from which the soil originates. It cannot be downloaded or ascribed to an intermediary such as a contractor or hauler. The definition of owner includes Municipalities for works performed on their properties. 4. Movements of soils subject to the Regulation must be registered and updated on the public registry operated by RPRA (The Resource Productivity and Recovery Authority) While the intent of the Regulation is to promote better attitudes and outcomes in the handling of excess soil from construction projects, it squarely puts responsibility for compliance upon the owner of the site generating the excess soil. Municipal By-laws dealing with site alteration on the other hand, focus primarily an the obligations of the soil receiver. Nonetheless, there is no reason why Municipal site alteration by-laws cannot make reference to o. Reg, 406/19 and require permit applicants to demonstrate that they have properly registered soil movements subject thereto. This would ensure greater transparency and accountability for any projects involving significant soil movements. It also would provide greater onus on both soil generators and receivers of compliance as the penalties for infractions under the Regulation can be substantial. 3 Page133 I therefore respectfully suggest that consideration be given to fill permit applicants being required to verify whether the soil deposit being requested is subject to the Regulation and, if so, provide information as required under the Regulation regarding the soil origins, project owner and responsible parties for its handling. AcceMini Imported Soil The proposed By-law maintains the current practice of prohibiting the placement of Fill or Topsoil on a property within the Municipality if the origin of such material is outside of the Municipal boundaries. This prohibition is an understandable response to egregious instances of illegal dumping of suspect or outright contaminated soils on Clarington properties from projects elsewhere. There has been substantial citizen demand for this kind of prohibition as an attempt to place some greater control over soil management activities. I respectfully suggest to Council, constituent pressure notwithstanding, that consideration be given to re-examining this prohibition in light of the following: • There are instances (such as the case with the Marigold Hospice) where limiting the import of soils for construction purposes may have detrimental consequences to the construction of required facilities that benefit the community. • Increased demands upon applicants for adherence to both Municipal and Provincial regulations and co-ordinated scrutiny by their respective Officers will lead to far greater assurance as to the provenance of imported soils assuring that the right soil goes to the right place. • Many other Municipalities have adopted such accelerated and co-ordinated compliance initiatives and as a result are aisle to facilitate the proper enhancement and rehabilitation of properties benefitUng from imported soils while collecting higher tip fees to offset the road degradation and other costs associated with these activities. • Refusal of proper and vetted soils from beyond the Municipality's boundaries is environmentally harmful and adds to the costs of construction. Consider for a moment the consequence of refusing clean topsoil from a development site in northeast Oshawa to be placed on an appropriate receiving site in Courtice. The consequence of this may be to have trucks haul such soil greater distances, perhaps along Taunton Road through the Municipality to be disposed of in a neighbouring Township. Such practice leads to greater carbon emissions, increased traffic congestion and road degradation while absenting the Municipality from collecting any portion of tip fees for road rehabilitation. The primary objection to the receipt of "foreign" soils has been fear of the quality of such soil and possible harms it may cause. The tracking and record -keeping provisions of O. Reg. 406/19 go a long way to alleviating such concerns. 4 Page 134 Opening the door to properly imported soils by no means should reduce the Municipality's right and responsibility to robustly enforce truck traffic routes, times of operation and operator requirements for propervehicle management and cleanup of mud generated from their activities. Municipal Requirements Under ❑. Reg. 406/19 While the proposed By-law exempts Municipal projects, 0. Reg. 406/19 does not exempt Municipalities from compliance regarding projects on properties under Municipal ownership. This may be the time to review such compliance as well as ensuring that all contractors procured for work on Municipal projects that may fall under the Regulations are subject to contracts that require their compliance with the Regulations. Public Eneagement In reviewing Mr. Maciver•s excellent presentation to the General Governance Committee, I noted substantial interest in engaging the public to report suspicious soil dumping activities. There are several additional measures that may be employed to both prevent and report illegal dumping activities that I would be pleased to Share with staff. An immediate suggestion is referral to the Provincial Excess Soil Registry (https://rpra.ca/pro.gramslexcess-soll-re,istry) which has a public portal where soil movements subject to the Provincial Regulation are described as well as contact information for responsible parties. Conclusion It is my hope that the comments contained herein are taken in the spirit of constructive consideration for the possible enhancement of the proposed By-law amendments. I remain at the disposal of Council and staff for any further assistance I may provide in this matter. Respectfully submitted, 1114. �gv Jeff Goldman 5 Page135 Samuel Wilmot Nature Area Management Advisory Committee February 20th, 2024, 8:00 Diane Hamre Recreation Centre MINUTES If this information is required in an alternate format, please contact the Accessibility Coordinator at 905- 623-3379 ext. 2131. Participation: Y/N Person Y/N Person Y Brian Reid (Past Chair) Y Leanne Fernandez Y Carmen Aeillo Leo Blindenbach Y Councillor Margaret Zwart (Council Liaison) Patrick Bothwell Y Kate Potter (Chair) Samantha Hansen Y Ken Mercer (Staff) Y Tom Hossie (Vice Chair) Y Leah Bourgeois Y Rod McArthur Agenda Items 1. Call To Order and Welcome — by Chairperson Kate. Kate updated the committee re Leo's situation and circulated a get well card for members to sign. Kate also reported that Samantha Hansen has advised her that she will be leaving the committee. 2. Additions To The Agenda / Adoption Of The Agenda — moved by Rod McArthur, seconded by Leah Bourgeois that the agenda be adopted. CARRIED 3. Adoption Of Minutes Of Previous Meeting - moved by Leah Bourgeois, seconded by Carmen Aeillo that the minutes of the meeting of January 16t", 2024, be approved. CARRIED 4. Committee Administration a. Terms of Reference — Ken advised that these will be going to Council on March 4t". On the agenda for that meeting and related to this item, Page136 is the request for an additional member. ( It now appears that we will need two). We will have the opportunity to see them again following approval by Council. Q - Are we supposed to be sending minutes to MNRF and/or GRCA? A — No formal requirement to do so. It appears that MNRF's role vis a vis SWNA was limited to the time surrounding the establishment of SWNA. It was suggested that the Terms of Reference could include phrasing such as "SWNA minutes are accessible through the Municipal website. " Suggestion: that we submit an annual written report to Council concerning our overall activities during the year. An actual presentation to Council could also be requested. 5. SWNA Workplan: a. This quarter i. LEAF program — Leah reported that discussions are ongoing. After some discussion, it was agreed that Leah and Ken will discuss the possibility of doing something with " in-house " resources ( eg our arborist ) and/or someone from eg GRCA. This relates to the " educational" aspects of the programme — tree identification, appropriate species for planting etc . With respect to any actual plantings on SWNA lands, this will be budget driven. ii. Our target date remains the month of June iii. SWNA codes — Tom reported that all are now in place and functioning properly. They also appear to be standing up well. Kate will prepare some type of communications piece to le the public know about this initiative. This could be posted on our blog and website. b. Next 2 quarters i. Spring clean up — scheduled for April 20t". We may some support for Leo who has organized this in the past. Page137 ii. Bird box maintenance - will be undertaken in early April. Brian to coordinate. iii. Invasive weed removal — Tom suggested that this should be done " strategically" with a plan to target different species, time frames etc. This will require a " mapping " of patches of invasives ( possibly to be done at the time of our spring cleanup ) and establishing priorities. It was noted that Himalayan balsam and garlic mustard might be good places to start. We could also endeavour to seek some external expertise from eg GRCA, DRFN etc. iv. Wildflower planting — Leah will advise Brian re deadline for applying for funding V. Leaf ID - as above vi. Moth week- still on track for July vii. Monarch tagging — tags have been ordered for this September's event. Tom advised that Monarch Watch has reported that the overwintering population in Mexico was the lowest on record. There were many weather related events ( drought etc ) that contributed to this. He noted that Monarch populations have suffered declines in the past but can bounce back viii. Pollinator presentation — as per last meeting, this event has been deferred to next year c. Final quarter i. Atlantic salmon — Leah advised that she has been in touch with the OFAH who are indeed interested in putting on some type of event/presentation. We have the hall at Hamre booked for October 201" . Leah will continue to dialogue with OFAH re the format. It will be a family -centred event ii. Bird box maintenance (fall) — as per minutes from last month's meeting Page138 iii. Christmas bird count- Brian reported that he has had some preliminary discussions with persons from DRFN and will continue to work on this undertaking 6. External Projects: a. (Update) Treatment Plant/ Storm Drainage Pond Project — as per minutes of last meeting b. (Update) Parks, Recreation and Culture Master Plan and Waterfront Strategy — no new developments c. (Update) State of hybernaculem — brushing work has been completed and looks good. The main sign requires some repair d. (Update) SWNA Management plan — timeline for update (est. 2010) and categories relevant to the Committee — no new developments Ken reported that some additional brushing and " road " repair has been done near the culvert on the trail leading from the memorial forest southward 7. Other Business a. By-law infractions (camping, fishing, mountain biking/pits, harvesting) — no new infractions reported. b. Rod requested signage, even if temporary, re removal of fiddleheads etc. since we are getting close to the time of year when this typically happens This is on Kens' schedule. 8. Round Table — All Members Brian advised that he will be hosting a guided walk through SWNA for members of DRFN on March 18tn He also advised that he had recently attended a presentation on the subject of swifts and swallows by a representative from Birds Canada. The presence of a small breeding colony of bank swallows along the bluffs within SWNA may be of interest to them. He will follow up as to what if any action could be taken re research, monitoring etc. Kate reported a protruding piece of metal near the end of the Pooh bridge. Ken will deal with this safety concern. Page139 9. Next Meeting - March 18th — Diane Hamre at 8 pm. It was noted that neither the Chair nor Vice Chair would be available on that date. Kate will investigate options. Adjournment: moved by Tom Hossie, seconded by Leanne Fernandez, that the meeting be adjourned. CARRIED Summary of near -term action items: 1. New member needed due to resignation 2. Wildflower planting — Leah and Brian re funding application deadline 3. Sign repair at hibernaculum — Ken 4. Signage re removal of plants etc. - Ken 5. Removal of metal piece near Pooh bridge — Ken 6. Date for next meeting— Kate/Tom Page140 SWNA Management Advisory Committee Draft 2024 Work Plan Month Activity Activity Tentative Dates Status January Confirmed SWNA mtg Jan. 16 February Tentative Promote LEAF program for backyard habitat? Unknown Confirmed SWNA mtg Feb. 20 March Tentative Launch QR codes for March break? Mar. 8 —15 Confirmed SWNA mtg Mar. 19 April Confirmed SWNA mtg Apr. 16 Confirmed Spring — earth day clean up Apr. 20 Tentative Bird box maintenance Unknown Tentative Invasive weed removal Unknown May Confirmed SWNA mtg May 21 Tentative Tree planting May 25 June Tentative Leaf ID Unknown Confirmed SWNA mtg June 18 July Confirmed Moth week July 20-28 Confirmed SWNA mtg - cancelled No date August Confirmed SWNA mtg - cancelled No date September Confirmed Monarch tagging Sept. 7 and 14 Tentative Pollinator presentation (bees, monarchs, etc) With above? Confirmed SWNA mtg Sept. 17 October Tentative Life cycle of Atlantic Salmon Unknown Confirmed SWNA mtg Oct. 15 November Confirmed SWNA mtg / Planning for 2025 Nov. 19 Confirmed Bird box maintenance Unknown December Tentative Christmas Bird Count? Unknown Confirmed SWNA mtg - cancelled No date Page 141 Samuel Wilmot Nature Area Management Advisory Committee AGENDA March 26, 2024, 8:00 P.M. Diane Hamre Recreation Centre If this information is required in an alternate format, please contact the Accessibility Coordinator at 905- 623-3379 ext. 2131. Participation: Y/N Person Y/N Person Y Brian Reid (Past Chair) Leanne Fernandez Carmen Aeillo Leo Blindenbach Y Councillor Margaret Zwart (Council Liaison) Patrick Bothwell Y Kate Potter (Chair) Y Ken Mercer (Staff) Y Tom Hossie (Vice Chair) Y Leah Bourgeois Rod McArthur Agenda Items 1. Call To Order and Welcome - by Chairperson Kate 2. Additions to the Agenda / Adoption Of The Agenda > Birds Canada contact - Brian > Pollinator Plant donation — Leah Moved by Tom Hossie, seconded by Leah Bourgeois that the agenda with additions be adopted. CARRIED 3. Adoption Of Minutes of Previous Meeting Moved by Brian Reid, seconded by Margaret Zwart, that the minutes of the previous meeting be approved . CARRIED 4. Committee Administration a. Terms of Reference — Ken advised that these had been ratified by Council. The Committee expressed its concern that the process had taken an inordinate amount of time. Page142 b. Advertising of member vacancies — Ken advised that this will commence shortly. We may encourage anyone we believe would be interested to apply and that persons do not have to wait for the advertisement to appear before doing so. c. Annual report to Council — Kate reported that she and Tom are working on this. It will include such things as a summary of activities and projects undertaken in the previous year, the degree of public use and participation etc. It was noted that provision of such a report is now a requirement under the revised Terms and Conditions for municipal committees. 5. SWNA Workplan: a. This quarter i. LEAF program — Leah is still in discussions with the LEAF group re a possible speaker/presentation or guided walk. It was suggested that we could promote the sales component of the program to the public via our blog. It was suggested that GRCA may be able to provide someone to lead a tree identification and familiarity walk. Margaret will investigate this possibility . b. SWNA codes — Kate reported that she had created scavenger hunts based on our new QR code signage and posted them during March Break. At the time of the meeting, the degree of uptake was not yet known. c. Next 2 quarters i. Spring clean up — April 201" — plans are proceeding for this event. Jill Richardson will be the overall project lead based in the Port; Rod will be the lead for Bond Head and Kate for the SWNA. Brian, Tom and Kate will be present to assist at SWNA. The remaining committee members will be canvassed prior to the date. Ken's staff will provide pick up of collected material and any additional bags, gloves etc. that may be required. Page143 ii. Bird box maintenance — Brian and Rod will attend to this between March 29t" and April 15t iii. Invasive weed removal — as agreed our last meeting, this item is on hold until next year in order to prepare a proper assessment and plan of action iv. Wildflower planting - scheduled for May 25t". Brian advised that the plants have been ordered from the same supplier as last year — and at the same price. Marking and pre -digging of holes will be undertaken prior to the event in accordance with our usual practice. Brian and Ken have discussed the possibility of clearing and cultivating a small area near the entrance to the Memorial Forest and use some of the plants referred to above to start a pollinator garden in that location. This will add to the aesthetics of this high traffic area and has the advantage of being close to the parking lot to allow for ease of watering and weeding as required. V. Leaf ID — see above vi. Moth week — on target for the week of July 21-28 vii. Monarch tagging — on target for September 7t" ( backup date September 14t" ). It was noted that we have not yet seen the data from Monarch Watch about the results of this year's overwintering. Tom will share this information as soon as it becomes available. viii. Pollinator presentation — there is still a possibility of holding such a presentation, possibly in conjunction with our tagging event. Tom will investigate further. d. Final quarter i. Atlantic salmon — Leah reported that her contact is available to present on October 20'. Ken has booked the large rooms at the Hamre Centre from 2-430 p.m. ii. Bird box maintenance (fall) — this will take place again in late November Page144 iii. Christmas bird count — Brian is continuing to investigate the possibility of having our group be involved in this in some way this year 6. External Projects: a. (Update) Special projects / general update on relevant items from the Municipality of Clarington (Ken) i. Management Plan — no new developments ii. Parks and Recreation Plan — no new developments iii. Waterfront Strategy- no new developments iv. Stormwater Plant work — no new developments V. Fiddlehead signage — Ken advised that these have been ordered 7. Other Business a. By-law infractions (camping, fishing, mountain biking/pits, harvesting) Tom reported that a large package of rock salt has been dumped in the Toronto Street lot. Ken will have it removed b. Birds Canada — Brian advised that he had been in touch with a representative of Birds Canada about our nesting box program and more specifically about the nesting colony of bank swallows along the SWNA bluffs. Birds Canada will provide some signage and encourages us to monitor the sites and report relevant data through e-bird or another medium c. Leah reported that she has been working with students from Courtice High School who have been growing a variety of pollinator plants in their classrooms. Arrangements are being made for a field trip to SWNA to plant them in a location of our choosing. Brian and Leah will work together on this. Target date is May 21st . It was noted that the site referred to above near the Memorial Forest would be ideal. • _ A _i.17[�ell 1Rf-'i12 me ni >Brian —will lead a group of people from the Durham Region Field Naturalists on a walkabout on Saturday, March 301n Page145 >Ken advised that he has a small budget approved for upgrades to our entrance kiosks. Priority will be given to the one on the Cobbledick side. It was agreed that a better " bulletin board" section is needed, possibly enclosed, to allow us to post relevant information > Tom advised that a Great Horned owl has been spotted in the old -growth forest 9. Next Meeting - April 16th — Diane Hamre at 8 pm Page146 * Subject to Advisory Committee Approval * Agricultural Advisory Committee of Clarington Meeting Minutes Date: Thursday, March 14, 2024 Time: 7:30 p.m. Location: Microsoft Teams or Meeting Room 1 C, Municipal Administrative Centre 40 Temperance St., Bowmanville, Ontario Members Present: Henry Zekveld (Chair), Tom Barrie, Eric Bowman, Brenda Metcalf, Councillor Zwart, Richard Rekker, John Cartwright, Mitch Morawetz (DRFA) Regrets: Craig Rickard, Jennifer Knox, Ryan Cullen, Jordan McKay Staff Present: Sylvia Jennings, Jane Wang — Planning and Infrastructure Services Guests: Allison De Vos — Invest Durham, Michael Longarini — Four Farms Market Garden Training Initiative 1. Welcome and Introductions Henry Zekveld welcomed all to the meeting, with introductions. 2. Land Acknowledgement Statement Henry Zekveld recited Clarington's Land Acknowledgement Statement. 3. Declarations of Interest None 4. Approval of Minutes of February 8, 2024 024-005 Moved by Eric Bowman, seconded by Brenda Metcalf That the minutes of the February 8, 2024, meeting be approved. Carried 5. Presentations / Delegations 5a. Presentation on Four Farms Market Garden Training — Michael Longarini Michael Longarini provided a presentation on Four Farms Market Garden Training — a new agriculture training course that's been put together by local farmers. The training is put on by four farmers with diverse agricultural backgrounds including homesteading, small-scale farming, foraging, and farmer's markets. The training will take place over six weekends this spring and will cover topics like soil science, technology, vegetable farming, and the economics of a farm business. The course is aimed at aspiring farmers, hobby farmers who are interested in expanding, and Agricultural Advisory Committee of Clarington March 14, 2024 Page147 farm staff. The group is hoping to build the agricultural labour market in Durham and collaborate with partners like Durham College to foster innovation. M. Longarini answered questions from the Committee. He noted that smaller farms, which are increasingly common as land has been divided, are able to be very productive if managed efficiently and that these farms are often how first -generation farmers start. He noted how farmer's markets play an important role in demonstrating to the public that food is produced locally and in raising the profile of agriculture. The farms involved in this training don't use synthetic fertilizers and pesticides but are not ideologically opposed. The Committee suggested that specialized training, earlier in the year could be helpful for training farm staff, as individual farms may not have the resources to do training in house. H. Zekveld thanked M. Longarini for presenting to the Committee. 6. Business Arising from Previous Meeting 6a. Consultation on Land Division Applications S. Jennings advised that consultation on land division applications will follow the same process as it has in the past with DAAC commenting on the Regional Official Plan Amendment that would accompany a land division application to consolidate non -abutting farm parcels. She advised that the turn around time for land division applications is too short to consult with this Committee. 6b. Rural Traffic Infrastructure Consultation S. Jennings reported that the Clarington Engineering division was not consulted on the new traffic lights installed on Enfield Road at Concession 7 and Concession 8. Clarington engineering has contacted the Region and is passing along the Committee's concerns. S. Jennings will report back at the next meeting if a rationale is given for why the lights were installed. 7. Correspondence, Council Items and Referrals S. Jennings shared the following for information: • The 2024 Trees for Rural Roads Program is currently accepting applications • The new Terms of Reference for the AACC has been brought to Council 8. Liaison Reports 8a. Durham Agricultural Advisory Committee — T. Barrie Tom Barrie provided the update. Updates were given on the Greater Golden Horseshoe Food and Farming Alliance and the Growing North Durham Annual Activity Report. The DAAC Farm Tour was discussed. Zac Cohoon will host, along with Two Blokes Cidery. Also discussed were issues related to a mobile home on a farm property and maintenance of railway crossings. 8b. Durham Region Federation of Agriculture — M. Morawetz Agricultural Advisory Committee of Clarington March 14, 2024 Page148 M. Morawetz provided the update. Stormwater management fees were discussed at the last meeting. Some municipalities are charging stormwater management fees based on the amount of impervious surface on a parcel. Some farms, such as those with greenhouses, are facing large fees. A Committee member described the engineering interventions he undertook to reduce stormwater runoff. Discussion ensued about municipalities charging user fees if not directly providing a service. The Committee requested to be consulted if Clarington considers implementing this charge. 8c. Durham Farm Connections — B. Metcalf B. Metcalf reported. The grade 3 program will run April 2nd to 4t", with an open house on the V. The high school program will be on May 28t". The Celebrate Ag Gala will be on October 25t" at the Royal Ashburn. Fiddlesticks will be performing again this year. 8d. Durham Agricultural Economic Development Update — A. De Vos A. De Vos provided an update. A tour is being put on for planning, economic development and building services workers in Durham Region. The tour will visit a farm, a soybean roaster, a cidery, and a restaurant, to highlight agriculture supportive businesses and diversified uses. Invest Durham has started to plan for Gather at the Farm, a promotional event for Durham Farm Fresh Members. More details will be available soon. The Clarington Board of Trade will be hosting their Agriculture Summit on April 5t" 9. New Business 9a. Weed Specialist and Controller for the 407 Highway A Committee member advised that there is a local representative for the 407 who can advocate for weed management along the 407 highway. 10. Date of Next Meeting April 11, 2024 11. Adjournment 024-006 Moved by Eric Bowman, Seconded by Richard Rekker That the meeting adjourn at 8:57 p.m. Carried Agricultural Advisory Committee of Clarington March 14, 2024 Page149 Newcastle Memorial Arena Manazement Board Municipality of Clarinaton Minutes of Meetinz — Tuesday, March 19, 2024 Not vet approved by the Board In Attendance - Gary Oliver - Vice Chair Josh Turner — Interim Manager, Shea -Lea Latchford, Todd Taylor, Sue White, Jim Vinson, Councillor Margaret Zwart Absent- Omar Patel Resets - Dave Bouma - Chair The Vice Chair called the meeting to order at 7:07 p.m. and was opened with the Land Acknowledgement. 1. Agenda - Motion #24-008 Moved by Sue White, seconded by Gary Oliver THAT: The agenda be accepted. CARRIED 2. Acceptance of Minutes — Motion #24-009 - Moved by Sue White, seconded by Gary Oliver THAT: The minutes of February 13, 2024, be accepted as presented. CARRIED 3. Manager's Report: Safe - There were no "on ice or "off ice" incidents. Josh is still waiting for First Aid and defibrillator training for staff. Josh will follow up with Clarington and Jeremy (CIMCO) on the compressor plant emergency procedures (TSSA). Risk Management — Completed February's fire equipment report as well as the AED reports. The checklist for the Olympia was revised and will be completed daily. Josh still doesn't have a fire safety plan; however Sue White will reach out to Rob Groen to facilitate his obtaining same. TSSA orders to be finished by the compliance date with the help of Jeremy (CIMCO). The ladders need to be inspected as mentioned in the Health & Safety report. Rentals - Very few rentals over March Break, although a new weekly rental has started. Futuresign was billed for the lobby kiosk board. Two of the three outstanding payroll cheques have cleared. Repairs/Maintenance — The outstanding repairs still need to be addressed. Sue White will speak with Rob Groen at Clarington and offer any assistance to address the outstanding repairs. Advantage Flooring has replaced tiles and did a full scrub, cleaned, and waxed all the flooring in the building. The toilet in the men's washroom has been repaired and the light bulbs replaced in the Olympia room. The mirror in the dance room has cracked and tape has been placed on it until it can be replaced. Lights have finally been installed along the east wall. Page150 2. Staff- Monthly meeting was held and again Josh reminded everyone that hours must be entered at the end of the shift. Josh again reviewed the list of tasks that are to be completed daily. Inspections — TSSA completed their inspection on March 4th and the report was sent to Sue White and Dave Bauma. The Health & Safety inspection was conducted on February 13th. Also, a Fire Inspection was completed on February 29t1i, however, they did not leave a report or mark an entry in the "red book". ORFA Update- Josh is still trying to register as a member so he can begin his classes for certification. Other -The ice will come out on approximately April 8th and Josh will need to borrow a floor machine to clean the new floor. We will require new nets for the upcoming season. Josh has suggested a mini pro shop be set up in the office for incidentals such as tape, skate laces and stick wax. 4. Financial Report - Todd reported we are in line with the budget forecasts. We must discuss erecting a fence around the garbage containers and if we are planning to have a natural gas hook-up. 5. New Business — Ontario Grant — Unfortunately, we ran out of time for our submission as an audit was required as part of the application. However, there will be other grants that we will investigate for the upcoming season. Advertising — Futuresign will remain responsible for the digital board in the lobby. Construction Update — Due to a conflict in schedules and the March break there are no updates. 6. CatchCorner - Motion #24-010 - Moved by Gary Oliver, seconded by Sue White THAT: We accept the free one-year contract (to be reviewed in ten (10) months. CARRIED 7. Round Table Discussion - A round table discussion was held, followed with an "In Camera" session. The Vice -Chair adjourned the meeting at 9:56 p.m. Next Board Meeting — Tuesday, April 9, 2024 — Site to be determined. Page 151 Tvrone Communitv Centre Minutes Date: Wednesday, March 20, 2024 Time: 7pm Facilitator: Danielle/ Crystal Attendees: Tim Paul Danielle Jacquie Crystal Marlene C (phone) Alvina (phone) Not in Attendance: Marlene W Corinna Nancy Welcome 7:01 Welcome, Land Acknowledgement Approval Agenda - Kyle, seconded by Larry. Carried Greg Dave Brian Larry Petra Diane W Lyndsay Joan Jessi Nikki Karen Approval of the Last Minutes — Dave, Seconded by Larry. Carried Reports Chair and Co -Chair — April 8 - Annual Health Inspection Meeting booked April 20 - Annual Spring Clean up for the building Maintenance — Fire Extinguishers check scheduled from outside company Steel cage for the window has been replaced. Leaks in the basement need to be kept an eye on, battery back-ups for sump pump - request that the municipality looking into quotes and seeing if they could fit into this year's budget if not then next year's budget. Accessibility signs that were missing have been replaced. Ordered and received new curbing for Accessibility spots - can be removed before winter next year to remove for winter due to plows hitting to stop them from being damaged. Emergency light in the entrance way was replaced. Couple of outlets are not working, Kyle to put in a request to have them looked at. Rentals — Rentals for April are great. Rent the Kitchen space through an app called Sizzle? Sizzle has their own insurance, food and safety handling certificate, and does ID checks. Can't start till May 1st, see if we can rent for $75, Jacquie going to ask for references from the person who reached out to us. - Page152 Raffel for MS walk - we were asked to donate the hall, we agreed to donate 2 tickets to the 3 of the "Pub Nights" we host in 2025 - Motion put forth by Danielle - Lyndsay and seconded by Kyly - all in favour Treasurer — $20, 071.26 in Chequing $60, 495.46 in Savings Dance / Events/Movies — St. Pat's Pub night was a success. The Kegs were not as successful as we hoped, just do beer next year with coolers and liquor. April 5th - Movie Night - Wish April 20 - community Potluck 5-7. June 14th - Kids Dance - K-Gr.4 from 6-7:30 and Gr.5 to Gr. 8 from 8-9:30, Cost is $5.00. June 15th - Neon Video Dance Party October 26th - Halloween Pub night with DJ TBD - Taylor Swift Party Old Business — Table legs need to be looked at, some are bent, broken and screws are loose. 4 Spray bottles to be purchased for the cleaner to be pre -mixed for cleaning after events. Ok'd by all to be purchased. Get a quote for 10 long tables to replace older tables, older tables are quite heavy Quote for new plastic folding chairs is $30, 000, to replace chairs with arms that are losing seats. Suggested for Danielle to reach out to the Municipality if we can find chairs and tables at a discount. We lack storage space, and need to start a conversation with the Municipality to see if we can come to a solution. Update the shed, do we need a grant for? The Shed leaks. After grading completed can a C-Can be a storage solution - many people are against it, won't stay organized and have to load at night after an event, won't be put away properly. New Business — Adjourn: 8:37 Kyle, seconded by Tim Next Meeting: April 17th, 2024 @ 7pm Page 153 Bowmanville Santa Claus Parade Committee Minutes March 20, 2024 7:00 PM Library meeting room/ Zoom Present in Library meeting room: Crystal Labelle, Saranya Anantharaman Present via Zoom: Jonathan Taylor- Chair, Kelly Maika- Vice Chair, Rick Bellamy, Ashley Maika Absent: Counselor Rang Jonathan Taylor called the meeting to order at 7:00 pm Minutes taken by Saranya Anantharaman- Secretary 1. Land Acknowledgement Statement Jonathan Taylor led the meeting in the Land Acknowledgement Statement 2. Declaration of Pecuniary Interest None declared 3. Adoption of Minutes Moved by Jonathan Taylor, seconded by Kelly Maika That the minutes of the meeting of February, 2024 be approved Carried 4. Dressing room Received two quotes. Allocating a budget of $2000. Passed unanimously. 5. Updates from meeting with New Castle parade committee- Kelly Maika • Fundraising • Bands • Adult volunteers for fundraising • Advertisements • Meet with police along with Newcastle committee • Lean into Rotary and Lions club for button selling • Tap payment option to be explored • Use of walkies/ headsets • Charge for noses Page154 6. Other discussions • Community officer meeting to be scheduled well in advance- Chrystal seconded, unanimous. • Parade route to be discussed in April meeting- Kelly seconded, unanimous. • Discussed about Paint night for fundraiser • Tap payment options- all members to look into options • Previous years buttons charges to be decided later 7. Next meeting schedule In -person meet on 10t" April at 7pm at the Municipal Administrative Centre 8. Adjournment Moved by Jonathan, Kelly seconded. Motion adjourned at 7:50pm Carried Page155 Page 156 If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 The Corporation of the Municipality of Clarington By-law 2024-015 Being a by-law to adopt the estimates of all sums required during the year, to strike rates and levy taxes for municipal purposes for the year 2024 and to provide for the collection thereof. Whereas the Council for the Municipality of Clarington deems it necessary for The Corporation of the Municipality of Clarington pursuant to Section 312 (2) of the Municipal Act, 2001 to levy on the whole rateable property according to the last revised assessment roll for The Corporation of the Municipality of Clarington the sums set forth for various purposes in Schedule "A" hereto attached for the current year; Whereas the property classes have been prescribed by the Minister of Finance under the Assessment Act, R.S.O. 1990 ch A.31 as amended and Regulations thereto; Whereas an interim levy was made before the adoption of the estimates for the current year; Whereas Section 208(2) of the Municipal Act, 2001 provides that the Council of a municipality shall in each year levy a special charge upon rateable property in a Business Improvement Area, which has been designated under Subsection 204(1); Whereas Section 342(1)(b) of the Municipal Act, 2001 S.O. 2001, as amended states in part that a municipality may pass by-laws providing for alternative instalments and due dates to allow taxpayers to spread the payment of taxes more evenly over the year; Whereas Section 345(2) of the Municipal Act, 2001 S.O. 2001, as amended provides that a percentage charge, not to exceed 1 1/4 percent of the amount of taxes due and unpaid, may be imposed as a penalty for the non-payment of taxes on the first day of default or such later date as the by-law specifies; Whereas Section 345(3) of the Municipal Act, 2001, S.O. 2001 as amended, provides that interest charges not to exceed 1 '/4 percent each month of the amount of taxes due and unpaid, may be imposed for the non-payment of taxes in the manner specified in the by-law but interest may not start to accrue before the first day of default; Page157 Page 2 Whereas pursuant to the Regional Municipality of Durham By -Law Number 2024-014 for Regional General purposes, 2024-015 for Regional Transit Commission purposes and 2024-016 for Regional Solid Waste Management purposes were passed to adopt estimates of all sums required by The Regional Municipality of Durham for the purposes of the Regional Corporation and to provide a levy on Area Municipalities; and the Regional Municipality of Durham approved the transition ratios By-law Number 2024-013; Whereas the education levies shall be levied and collected upon the whole assessment for real property using the Education Tax Rates as set out in Ontario Regulation 400/98 of the Education Act; Whereas Section 323(3) of the Municipal Act, 2001 S.O. 2001, as amended authorizes a local municipality in which there is situated a public hospital to levy an annual amount not to exceed the prescribed amount as set out in Ontario Regulation 384/98 of the Municipal Act, 2001; Now therefore the Council of The Municipality of Clarington enacts as follows: That for the year 2024, The Municipality of Clarington shall levy upon the Residential, Multi -Residential, Commercial, Industrial, Pipeline, Farmland and Managed Forest Assessment the rates of taxation per current value assessment for general purposes as set out in the Schedule "A" attached to this By-law; 2. And that the estimated expenditures, net of revenue and applied surplus required during the year 2024 totalling approximately $76,807,730 are set forth in Schedule "A" attached to this By-law in the manner as set hereunder: 2024 2023 2022 General Purposes 76,807,730 72,443,909 68,174,213 Total for Business Improvement Area 226,314 221,916 217,625 TOTAL 77,034,044 72,665,825 68,391,838 3. And that the tax rates, established by this by-law to produce the final tax bills for 2024 shall be adjusted to account for the interim levies imposed by By-law No. 2023-065; 5. And that in the event an instalment is not paid on its due date, there shall be imposed a penalty of 1 '/4 percent (1.25%) on the first day of the calendar month following non-payment; 6. And that in the event an instalment is not paid on its due date, interest shall be imposed at the rate of 1 '/4 per cent (1.25%) on the first day of the second calendar month following the due date and on the first day of every calendar month thereafter until the taxes are paid; Page158 Page 3 7. And that if any instalment remains unpaid at the due date, all future instalments become immediately due and payable; 8. And that the Treasurer and the Manager of Taxation Services are hereby authorized to accept part payment from time to time on account of taxes due, provided that the acceptance of any part payment shall not affect the collection of any percentage charge imposed under sections (5) and (6) of this by-law; 9. And that notwithstanding the provisions of the by-law, all taxes shall be deemed to have been imposed and to be due on and from the first day of January, 2024; 10. And that on application to the Municipality, a taxpayer may pay taxes by a pre - authorized payment plan, payable on the first day of each month or by full payment on instalment due dates. In the event of the default of the payment on the pre -authorized payment plan, enrolment in the plan shall be terminated and the final tax levy shall be due and payable on the instalment dates as set out in Section 15; 11. And that all realty taxes levied under Section 33 and Section 34 (supplementary/omitted taxes) of the Assessment Act shall be due and payable at least twenty-one (21) days after notice is given by the Manager of Taxation Services and penalties and interest will be added in the same manner as other tax levies under this By-law; 12. And that for the payments -in -lieu of taxes due to The Corporation of the Municipality of Clarington the actual amount due to The Corporation of the Municipality of Clarington shall be based on the assessment roll and the tax rates for the year 2024; 13. And that for taxation of certain railway and power utility lands due to The Corporation of the Municipality of Clarington in accordance with the Regulations as established by the Minister of Finance, pursuant to the Municipal Act, 2001, S.O.2001, c.25, as amended, the actual amount due to The Corporation of the Municipality of Clarington shall be based on the assessment roll and the tax rates prescribed for the year 2024; 14. And that there shall be levied and collected upon the assessable land, buildings and businesses with the Corporation of the Municipality of Clarington, the rates identified on Schedule "A", and as follows on the commercial and industrial assessments in the Business Improvement Areas for the year 2024. Page159 Page 4 Property Class Bowmanville Newcastle Orono Commercial Industrial 0.00400373 0.00558727 0.00077648 0.00108358 0.00121371 0.00169376 15. And that subject to the provisions of clause 9 of this by-law, all taxes levied under the authority of this by-law shall be payable in Canadian funds and shall be divided into two equal instalments. The first of said instalments will become due and payable on or before the 20 day of June, 2024 and the second of said instalments to become due and payable on or before the 19 day of September, 2024. All taxes shall be paid into the office of the Treasurer of The Corporation of the Municipality of Clarington, subject to change by the Treasurer or Manager of Taxation Services for Legislation or Regulations which may be enacted after the passage of this By-law; 16. And that the Municipality will collect and forward Regional and Education levies in accordance with the rates established by the Region of Durham and the Province of Ontario as reflected in Schedule "A"; 17. For designated public hospitals within the Municipality, the actual amount due to The Corporation of the Municipality of Clarington shall be based on each Provincially rated bed in a designated public hospital as determined by the relevant Provincial Minister and the rates prescribed for the year 2024. 18. And that Schedule "A" attached hereto shall be and form a part of this By-law; 19. And that if any section or portion of this by-law or of Schedule "A" is found by a court of competent jurisdiction to be invalid, it is the intent of the Council of the Municipality of Clarington that all remaining sections and portions of this By-law and Schedule "A" continue in force and effect. 20. This By-law shall come into force and effect upon the date of the final reading thereof. Passed in Open Council this 22nd day of April, 2024. Adrian Foster, Mayor June Gallagher, Municipal Clerk Written approval of this by-law was given by Mayoral Decision MDE-2024-004 dated April 22, 2024. Page160 1:\Administration\2024 budget\2024 draft Rate.xlsx 09-Apr-24 2024 MUNICIPALITY OF CLARINGTON Property Class Assessment Tax Rates and Tax $ Raised Region Education Clarington Combined C.V.A. Code Rate Rate Tax $ Rate Tax S Rate Residential Taxable: Full RT 14,483,276,325 0.00694927 100,648,198 0.00153000 22,159,413 I 0.004432561 64,197,991 0.01291183 187,005,602 Residential Taxable: Full, Shared Payment in Lieu RH 1,444,600 0.00694927 10,039 0.00153000 2,210 0.00443256, 6,403 0.01291183 18,652 Residential Payment in Lieu: Full RF 2,586,200 0.00694927 17,972 0.00153000 3,957 0.00443256j 11,463 0.01291183 33,392 Residential Payment in Lieu: Full, Taxable Tenant of Province RP 10,127,800 0.00694927 70,381 0.00153000 15,496 0.00443256• 44,892 0.01291183 130,769 Residential Payment in Lieu: General RG 18,314,400 0.00694927 127,272 0.00000000 0 0.004432561 81,180 0.01138183 208,452 Farm Taxable: Full FT 563,723,716 0.00138986 783,497 0.00038250 215,624 0.00088651! 499,747 0.00265887 1,498,868 Farm Payment in Lieu: Full, Taxable Tenant of Province FP 4,548,000 0.00138986 6,321 0.00038250 1,740 0.00088651! 4,032 0.00265887 12,093 Multi -Residential Taxable: Full MT 162,706,800 0.01297081 2,110,439 0.00153000 248,941 0.00827337! 1,346,134 0.02277418 3,705,514 New Multi -Residential Taxable: Full NT 14,893,000 0.00764419 113,845 0.00153000 22,786 0.004875821 72,616 0.01405001 209,247 91% 15,261,620,841 I I 192,822,589 Commercial Taxable: Full CT 806,075,398 0.01007645 8,122,378 0.00880000 7,093,464 0.006427211 5,180,816 0.02530366 20,396,658 Commercial Small Scale on Farm Business 2 CO 119,400 0.01007645 1,203 0.00220000 263 0.006427211 767 0.01870366 2,233 Commercial Small Scale on Farm Business 1 C7 202,800 0.01007645 2,044 0.00220000 446 0.00642721j 1,303 0.01870366 3,793 Commercial Taxable: Full, Shared Payment in Lieu CH 75,643,500 0.01007645 762,218 0.00980000 741,306 0.00642721j 486,177 0.02630366 1,989,701 Commercial Payment in Lieu: Full CF 30,619,800 0.01007645 308,539 0.00980000 300,074 0.00642721 j 196,800 0.02630366 805,413 Commercial Payment in Lieu: General CG 6,302,100 0.01007645 63,503 0.00000000 0 0.00642721j 40,505 0.01650366 104,008 Commercial Payment in Lieu: Full, Taxable Tenant of Province CID 9,297,000 0.01007645 93,681 0.00880000 81,814 0.00642721 j 59,754 0.02530366 235,249 Commercial Payment in Lieu: Full, Excess Land, Taxable Tenant of Province CQ 204,000 0.01007645 2,056 0.00880000 1,795 0.00642721j 1,311 0.02530366 5,162 Commercial Taxable: Excess Land Cu 7,782,326 0.01007645 78,418 0.00880000 68,484 0.00642721i 50,019 0.02530366 196,921 Commercial Taxable: Vacant Land CX 28,421,400 0.01007645 286,387 0.00880000 250,108 0.00642721. 182,670 0.02530366 719,165 Commercial Payment in Lieu: General, Vacant Land CZ 11,413,000 0.01007645 115,003 0.00000000 0 0.00642721! 73,354 0.01650366 188,357 Parking Lot Taxable: Full GT 2,485,000 0.01007645 25,040 0.00880000 21,868 0.00642721! 15,972 0.02530366 62,880 Office Building Taxable: Full, Shared Payment in Lieu DH 27,875,200 0.01007645 280,883 0.00980000 273,177 0.00642721! 179,160 0.02630366 733,220 Office Building Taxable: Full DT 8,931,100 0.01007645 89,994 0.00880000 78,594 0.006427211 57,402 0.02530366 225,990 Shopping Centre Taxable: Full ST 133,920,000 0.01007645 1,349,438 0.00880000 1,178,496 0.006427211 860,732 0.02530366 3,388,666 Shopping Centre Taxable: Excess Land SU 1,642,200 0.01007645 16,548 0.00880000 14,451 0.006427211 10,555 0.02530366 41,554 1,150,934,224 I 29,098,969 Industrial Taxable: Full IT 76,514,200 0.01406185 1,075,931 0.00880000 673,325 1 0.00896929j 686,278 0.03183114 2,435,534 Industrial Small Scale on Farm Business 2 10 36,600 0.01406185 515 0.00220000 81 0.00896929j 328 0.02523114 924 Industrial Small Scale on Farm Business 1 17 75,600 0.01406185 1,063 0.00220000 166 0.00896929j 678 0.02523114 1,907 Industrial Payment in Lieu: Full IF 22,753,000 0.01406185 319,949 0.01250000 284,413 0.00896929j 204,078 0.03553114 808,440 Industrial Taxable: Full, Shared Payment in Lieu IH 5,898,300 0.01406185 82,941 0.01250000 73,729 0.00896929j 52,904 0.03553114 209,574 Industrial Taxable: Excess Land, Shared Payment in Lieu IK 1,595,700 0.01406185 22,438 0.01250000 19,946 0.00896929j 14,312 0.03553114 56,696 Industrial Taxable: Excess Land IU 1,706,100 0.01406185 23,991 0.00880000 15,014 0.00896929i 15,303 0.03183114 54,308 Industrial Taxable: Vacant Land IX 24,008,400 0.01406185 337,603 0.00880000 211,274 0.00896929. 215,338 0.03183114 764,215 Industrial Payment in Lieu: General, Vacant Land IZ 3,545,000 0.01406185 49,849 0.00000000 0 0.00896929! 31,796 0.02303114 81,645 136,132,900 1 I Large Industrial Taxable: Full LT 91,149,599 0.01406185 1,281,732 0.00880000 802,116 0.008969291 817,547 0.03183114 2,901,395 Large Industrial Taxable: Generating Station, Shared Payment in Lieu LS 23,243,400 0.01406185 326,845 0.01250000 290,543 0.008969291 208,477 0.03553114 825,865 Large Industrial Taxable: Water Intake System, Shared Payment in Lieu LI 11,748,900 0.01406185 165,211 0.01250000 146,861 0.008969291 105,379 0.03553114 417,451 Large Industrial Taxable: Non -Generating Station, Shared Payment in Lieu LN 42,649,800 0.01406185 599,735 0.01250000 533,123 0.008969291 382,538 0.03553114 1,515,396 Large Industrial Taxable: Excess Land, Shared Payment in Lieu LK 845,200 0.01406185 11,885 0.01250000 10,565 0.00896929j 7,581 0.03553114 30,031 Large Industrial Taxable: Excess Land LU 5,427,713 0.01406185 76,324 0.00880000 47,764 0.00896929j 48,683 0.03183114 172,771 311,197,512 175,064,612 I j Pipeline Taxable: Full PT 56,357,000 0.00854344 481,483 0.00880000 495,942 I 0.00544939, 307,111 0.02279283 1,284,536 Managed Forests Taxable: Full TT 42,994,900 0.00173732 74,696 0.00038250 16,446 0.00110814j 47,644 0.00322796 138,786 Sub -total Industrial 99,351,900 99/6 1,561,483,636 Total Assessment 100% 16,823,104,477 $120,417,488 $36,395,815 $76,807,730 $233,621,033 Exempt 624,104,905 Total 17,447,209,382 2023 Comparative Total Assessment 17,116,135,055 % 1.93 Tax $ Split 51.5% 15.6% 32.9% 100% Page 161