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05/04/2015
General Purpose and Administration Committee Agenda Date: May 4, 2015 Time: 9:30 AM Place: Council Chambers If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905 - 623 -3379 ext. 2102. Audio Record: The Municipality of Clarington makes an audio record of General Purpose and Administration Committee meetings. If you make a delegation or presentation to a General Purpose and Administration Committee meeting, the Municipality will be audio recording you and will make the recording public by publishing the recording on the Municipality's website. 1. Meeting Called to Order 2. Disclosures of Pecuniary Interest 3. Announcements 4. Adoption of Minutes of Previous Meeting (a) Minutes of a Regular Meeting April 20, 2015 4 -1 5. Public Meetings 5 -1 (a) Development Charges Public Meeting Report: FND- 007 -15 6. Delegations 6 -1 (a) Brian West and Matthew Tully, TransCanada Pipeline, Regarding the Eastern Mainline Project — Natural Gas (b) Sheila Hall, Clarington Board of Trade, Regarding Economic Development Update 7. Presentations Craig Binning, Hemson Consulting Ltd:, Regarding Development Charges Study and By -law Presentation Corporation of The Municipality of Clarington 40 Temperance Street, Bowmanville, Ontario L1 C 3A6 905 - 623 -3379 G.P. & A. Agenda 2 May 4, 2015 8. 4 i E 12. 13. 14. 15. 16. Planning Services Department (a) PSD- 025 -15 Priority Green Clarington Update No. 3 (b) PSD- 026 -15 Co- Ordinated Provincial Review of the Growth Plan for the Greater Golden Horseshoe; Greenbelt Plan, Oak Ridges Moraine Conservation Plan and Niagara Escarpment Plan Part 1 — Comments on Growing the Greenbelt for the Agricultural System (c) PSD- 027 -15 An Application by Dr. R.J.C.G. Inc. to Rezone Lands At 2021 Green Road for a Mixed -Use Building Engineering Services Department No Reports Operations Department (a) OPD- 005 -15 Cemetery Tariff of Rates for 2015 to 2018 Emergency and Fire Services Department No Reports Community Services Department No Reports Municipal Clerk's Department No Reports Corporate Services Department No Reports Finance Department (a) FND- 007 -15 Development Charges Study and By -law [NOTE: Please refer to the Development Charges Background Study previously distributed with the April 27, 2015 Council Agenda] Solicitors Department No Reports 8 -33 10 -1 15 -1 G.P. & A. Agenda 3 17. Chief Administrative Office May 4, 2015 No Reports 18. Unfinished Business None 19. Other Business 20. Communications 21. Confidential Reports No Reports 22. Adjournment May 4, 2015 Clairbgton General Purpose and Administration Committee Minutes April 20, 2015 If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905 - 623 -3379 ext. 2102. Minutes of a meeting of the General Purpose and Administration Committee held on Monday, April 20, 2015 at 9:30 AM in the Council Chambers. Roll Call Present Were: Mayor A. Foster until 3:00 PM Councillor S. Cooke Councillor R. Hooper Councillor J. Neal Councillor C. Traill arrived at 1:15 PM Councillor W. Woo Also Present: Chief Administrative Officer, F. Wu Municipal Solicitor, A. Allison Deputy Fire Chief, M. Berney Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Director of Planning Services, D. Crome Deputy Treasurer, L. Gordon left the meeting 12 :35 PM and returned at 1:30 PM Municipal Clerk, A. Greentree arrived at 11:49 AM and left the meeting at 3:00 PM Director of Operations, F. Horvath Director of Corporate Services & Human Resources, M. Marano Deputy Clerk, J. Gallagher Committee Coordinator, M. Chambers Absent: Councillor W. Partner Mayor Foster chaired this portion of the meeting. Disclosures of PecuniarV Interest Councillor Cooke declared a pecuniary interest in Report CSD- 004 -15 regarding the 2015 Community Grant Requests and Sponsorship Opportunities for Bowmanville & District Navy League (Application #15 -38). Councillor Neal declared a pecuniary interest in Report CSD - 004 -15 regarding the 2015 Community Grant Requests and Sponsorship Opportunities The Driftwood Theatre Group (Application #15 -14) and Home Base Durham (Application #15 -37). - 1 - 4 -1 General Purpose and Administration Committee Minutes April 20, 2015 Mayor Foster declared a pecuniary interest in Report CSD- 004 -15 regarding the 2015 Community Grant Requests and Sponsorship Opportunities for the Lions Club of Courtice (Application #15 -29). Councillor Hooper declared a pecuniary interest in Report CSD- 004 -15 regarding the 2015 Community Grant Requests and Sponsorship Opportunities for Concerts in the Park (Bowmanville) (Application #15 -S2). Later in the meeting, Councillor Hooper also declared a pecuniary interest in the Sponsorship Request by "Orono Agricultural Society" (Application #15 -S3). Announcements Councillor Hooper announced the following: • Thursday, April 16, 2015, MP, Erin O'Toole presented Community Services Medallions for Advocacy and Support of Canadian Troops and Veterans to Marg Maskell, Mary Taylor, and Doug Finney. • Clarington Safe Communities Clean Up Crew, Operation Clean Sweep on Saturday, May 9, 2015 from 10:00 AM to 12:00 PM in Downtown Bowmanville. Councillor Neal announced the following: Clarington Concert Bands "Salute to the British Isles" on Saturday, April 18, 2015 at 7:00 PM at the Harmony Creek Community Centre in,Oshawa. Councillor Woo announced the following: ® Fire House Youth are Celebrity Servers at Boston Pizza on Wednesday, April 22, 2015 from 5:00 PM to 8:00 PM in Bowmanville. •, Newcastle Chamber of Commerce's Health and Wellness Fair on Thursday, April 23, 2015 from 12 :00 PM to 7:00 PM at the Newcastle Town Hall. ® Clarington Pitch in Week from Saturday, April 19, 2015 to May 2, 2015. • Port of Newcastle's Cleanup Event on Saturday, April 25, 2015 at 10:00 AM. Samuel Wilmot Conservation Authority's Cleanup Event on Saturday, April 25, 2015 at 9:00 AM. Orono Town Hall's Spaghetti Dinner and Live Auction on Saturday, April 25, 2015. Mayor Foster announced the following: • Rotary Club of Bowmanville's Super Spring Cleanup on Friday April 24, 2015 from 8:00 AM to 1:00 PM. • Clarington Board of Trade's Annual General Meeting on Thursday, April 23, 2015 at 5:30 AM at the Clarington Beech Centre. • Newcastle Chamber of Commerce's Health and Wellness Fair on Thursday, April 23, 2015 from 12:00 PM to 7:00 PM at the Newcastle Town Hall. -2- 4 -2 General Purpose and Administration Committee Minutes April 20, 2015 Minutes Resolution #GPA- 261 -15 Moved by Councillor Hooper, seconded by Councillor Cooke That the minutes of the regular meeting of the General Purpose and Administration Committee held on March 30, 2015 to April 9, 2015, be approved. CARRIED Councillor Woo chaired this portion of the meeting. Public Meetin (a) Subject: Applications for Proposed Draft Plan of Subdivision and Zoning By -law Amendment Applicant: Headgate Developments Inc. Report: PSD -023 -15 Robert Russell, Planner, made a verbal and electronic presentation to the Committee regarding the application. Fred Spoelstra, Principal, Durham Christian High School, spoke in opposition to the application. Mr. Spoelstra advised the Committee that he is concerned with the drainage and how it will affect the schools soccer field. He added that he also has concerns with the sustainability of the proposed retaining wall and who will be responsible for the future maintenance. He concluded by noting that he hopes there will be consistent fencing around the abutting properties and mesh fencing can be added around the sports fields to act as a barrier with the surrounding properties. Paul Marcus, Principal, Knox Christian School, spoke in opposition to the application. Mr. Marcus noted that he has similar concern as Mr. Spoelstra. His concerns included: consistent fencing, mesh netting around the playing fields, grading, and the longevity of the retaining wall. Jackie Brinkman, local resident, spoke in opposition to the application. Ms. Brinkman noted that her concerns were similar to both of the schools. She added that they currently have drainage issues on their property and are concerned that the proposed increase in elevation of the surrounding property will add to this issue. Aeilko Mulder, local resident, spoke in opposition to the application. Mr. Mulder advised the Committee that fill was previously added to the subject property to raise the grade and he is looking to find out what the final grading will be. He added that, when the fitt was brought onto the subject property, his property was flooded. Mr. Mulder explained -3- 4 -3 General Purpose and Administration Committee Minutes April 20, 2015 that a drainage pipe was installed to temporarily correct the issue, however he is concerned that these issues will become worse with the proposed development. He asked the Committee if there are plans for a retaining wall to be installed on the north side of his property. Mr. Mulder explained that he is concerned that fill is being brought in without permits and is being added to an existing low wetland area. He asked the Committee what the section of land, adjacent to his property, will be used for. He concluded by noting that he approves of the development but wishes to have his concerns addressed. Kelvin Sloos, local resident, spoke in opposition to the application. Mr. Sloos stated that his home will become a corner lot with this development. He noted that he has concerns with drainage as his property is lower than the proposed development. He added that he would like fencing to be installed around his property. Mr. Sloos concluded by adding that he has concerns with the increased traffic, the maintenance of the proposed retaining wall and the wildlife in the area. Andy Anderson, Headgate Developments, Applicant, spoke to the application. Mr. Anderson agrees with the recommendations of staff. He explained that the original application was complicated and this new proposal is well planned. Mr. Anderson addressed some of the residents' concerns. Mr. Anderson advised Mr. Sloos that there will be a catch basin installed near the road and they do not anticipate having to install any retaining wall. He added that, with respect. to Mr. Mulder's concern regarding the fill, any fill brought in was prior to his ownership of the property in 1990 and that they will correct any drainage issues. He added that the vacant parcel of land will be developed in the future and he will be in contact with Mr. Mulder directly to discuss this matter. Mr. Anderson concluded by noting that they have met with the Conservation Authority regarding the application. He added that the embankment has been has been relocated and the lots will be shallower to remedy the grading issues. Mayor Foster chaired this portion of the meeting. Delegations Petra Schwirtz & Steve Simic, Clarington Tourism Marketing Board, Regarding Growing Tourism in Clarington. Petra Schwirtz, Clarington Tourism Marketing Board (CTMB), was present to provide an update from the CTMB and to present a Draft Proposal and Discussion Paper on Growing Tourism in Clarington, which included a Terms of Reference. Ms. Schwirtz reviewed the current tourist attractions in the Municipality of Clarington. Steve Simic explained that they have been working on a Tourism Plan and they have seen an increased use of the Clarington mobile application. Mr. Simic noted the Tourism Office is a front door to the community and they have welcomed the support of the part -time Tourism Officer. Ms. Schwirtz concluded by thanking Council for their support. 4 -4 General Purpose and Administration Committee Minutes April 20, 2015 Resolution #GPA- 262 -15 Moved by Councillor Hooper, seconded by Councillor Neal That the delegation of Petra Schwirtz and Steve Simic, Clarington Tourism Marketing Board, regarding the Draft Proposal and Discussion Paper on Growing Tourism in Clarington, be referred to the Strategic Plan; and That Council consider undertaking a report to study options for the delivery of Tourism Services. CARRIED Terri Korkush, Community Living Oshawa, .Regarding the Possibility of Community Living Oshawa Leasing the Baseline Community Centre Terri Korkush advised staff, prior to the meeting, that she would be unable to attend as a delegation. Kevin Tunney, Tunney Planning, Regarding Addendum to Report PSD- 052 -14, Applications for Proposed Draft Plan of Subdivision and Rezoning to Permit 234 Unit Residential Development. Kevin Tunney, Tunney Planning, advised the Committee that he received the memo from David Crome, Director of Planning Services regarding Addendum to Report PSD- 052 -14 dated April 17, 2015 regarding Report PSD- 052 -14, and he is happy with the recommendations contained in the memo. Presentations There were no presentations. Recess Resolution #GPA- 263 -15 Moved by Councillor Hooper, seconded by Councillor Cooke That the Committee recess for 10 minutes. CARRIED The meeting reconvened at 10:51 AM with Councillor Woo in the' Chair. -5- 4 -5 General Purpose and Administration Committee Minutes April 20, 2015 Planning Services Department Applications by 1127009 Ontario Inc. (Headgate Developments Inc.) for Draft Plan of Subdivision and Rezoning for 24 Single Detached Dwellings with Rezoning to Permit Development of the Plan of Subdivision Resolution #GPA- 264 -15 Moved by Councillor Hooper, seconded by Councillor Cooke That Report PSD- 023 -15 be received; That staff consider the public comments received in the further processing of the applications for plan of subdivision (S -C- 2014 -0003) and to amend the Zoning By -law (ZBA 2014 -0031) submitted by 1127009 Ontario Inc. (Headgate Developments Inc.) for the development of 24 single detached dwellings and that a subsequent recommendation report be prepared; and That all interested parties listed in Report PSD- 023 -15 and any delegations be advised of Council's decision. -- �x Proposal for a Rotosonic Monitoring Site at the Hydro One, Clarington Transformer Station Resolution #GPA- 265 -15 Moved by Mayor Foster, seconded by Councillor Neal That Report PSD- 024 -15 be received; That Council Resolution # C- 172 -14 (Attachment 3) granting G360 Group access to Townline Road for the purpose of a deep borehole and providing a grant of $25,000 to the University of Guelph be rescinded; That the Municipality of Clarington provide up to $2.5,000 to fund the joint proposal of Central Lake Ontario Conservation Authority, University of Guelph and McMaster University (G360 Group) for their proposal "Hydrogeological Assessment of the South Slope of the Oak Ridges Moraine" dated April 2, 2015 (Attachment 1); That the project be funded with a transfer.from the 2013 Donations Account to the Consulting Reserve; Eff-i General Purpose and Administration Committee Minutes April 20, 2015 That Hydro One be requested to provide site access for the additional rotosonic borehole and long term monitoring activities as outlined in the proposal in Attachment 1 to Report PSD- 024 -15; and That all interested parties listed in Report PSD- 024 -15 and any delegations be advised of Council's decision. CARRIED LATER IN THE MEETING (See following motion) Suspend the Rules Resolution #GPA -266 -15 Moved by Mayor Foster, seconded by Councillor Cooke That the Rules of Procedure be suspended to allow Members of Committee to speak to the matter of the foregoing Resolution #GPA- 265 -15 a second time. CARRIED The foregoing Resolution #GPA -265 -15 was then put to a vote and carried. Councillor Neal chaired this portion of the meeting. Engineering Services Department Report on Building Permit Activity for January, February, and March 2015 Resolution #GPA- 267 -15 Moved by Councillor Hooper, seconded by Councillor Cooke That Report EGD- 007 -15 be received for information. CARRIED Review of Lot Grading and Drainage Resolution #GPA- 268 -15 Moved by Mayor Foster, seconded by Councillor Cooke That Report EGD- 008 -15 be received for information. CARRIED -7- 4 -7 General Purpose and Administration Committee Minutes April 20, 2015 Mayor Foster chaired this portion of the meeting. Report on Changing Location of Downspouts Resolution #GPA- 269 -15 Moved by Councillor Neal, seconded by Councillor Cooke That Staff be directed to prepare a report for the next General Purpose and Administration Committee meeting to ensure that the location and type of water leaders be included in the Site and Lot Grading Plans. MOTION LOST Councillor Neal chaired this portion of the meeting. Clarington Fields Washroom Resolution #GPA- 270 -15 Moved by Councillor Hooper, seconded by Councillor Cooke That Report EGD- 009 -15 be received for information. CARRIED Purchasing or Renting a Washroom Facility Trailer Resolution #GPA- 271 -15 Moved by Mayor Foster, seconded by Councillor Cooke That staff be directed to prepare a report on the potential time and financial ramifications of renting versus purchasing a portable washroom trailer. CARRIED Operations Department There were no reports to be considered under this section of the Agenda. Emergency and Fire Services Department There were no reports to be considered under this section of the Agenda. Councillor Hooper chaired this portion of the meeting. General Purpose and Administration Committee Minutes April 20, 2015 Community Services Department 2015 Community Grant Requests and Sponsorship Opportunities Resolution #GPA- 272 -15 Moved by Councillor Neal, seconded by Councillor Woo That Report CSD- 004 -15 be received; That Council consider all submitted grant requests; That Council consider all submitted sponsorship opportunities; That staff be directed to develop criteria and a process for a Municipal Sponsorship Program and report back; and That all applicants listed in Report CSD- 004 -15 be advised of Council's decision. CARRIED Brownsdale Community Centre Hampton Community Association Kendal Community Centre Newtonville Community Hall Orono Town Hall Solina Community Centre Tyrone Community Centre Resolution #GPA- 273 -15 Moved by Mayor Foster seconded by Councillor Cooke That Grant Application #15 -01, Brownsdale Community Centre, be approved in the amount of $3,000.00. That Grant Application #15 -02, Hampton Community Association, be approved in the amount of $3,000.00. That Grant Application #15 -03, Kendal Community Centre, be approved in the amount of $3,000.00. That Grant Application #15 -04, Newtonville Community Hall, be approved in the amount of $3,000.00. M General Purpose and Administration Committee Minutes April 20, 2015 That Grant Application #15 -05, Orono Town Hall, be approved in the amount of $3,000.00. That Grant Application #15 -06, Solina Community Centre, be approved in the amount of $3,000.00. That Grant Application #15 -07, Tyrone Community Centre, be approved in the amount of $3,000.00. CARRIED Bowmanville Santa Claus Parade Pride Durham Architectural Conservatory of Ontario — Clarington Branch Newcastle Village and District Historical Society Resolution #GPA- 274 -15 Moved by Councillor Cooke, seconded by Mayor Foster That Grant Application #15 -08, Bowmanville Santa Claus Parade, be approved in the amount of $1,500.00. That Grant Application #15 -09, Pride Durham, be approved in the amount of $1,500.00 That Grant Application #15 -10, Architectural Conservatory of Ontario — Clarington Branch, be approved in the amount of $1,500.00. That Grant Application #15 -11, Newcastle Village and District Historical Society, be approved in the amount of $1,500.00. MOTION WITHDRAWN Resolution #GPA- 275 -15 Moved by Mayor Foster, seconded by Councillor Cooke That the foregoing Resolution #GPA- 274 -15 be divided to consider the Grant Application #15 -10, Architectural Conservatory of Ontario — Clarington Branch separately. MOTION WITHDRAWN -10- 4 -10 General Purpose and Administration Committee Minutes April 20, 2015 Bowmanville Santa Claus Parade Resolution #GPA- 276 -15 Moved by Councillor Cooke, seconded by Mayor Foster That Grant Application #15 -08, Bowmanville Santa Claus Parade, be approved in the amount of $1,500-.00. CARRIED Pride Durham Resolution #GPA- 277 -15 , Moved by Councillor Neal, seconded by Mayor Foster That Grant Application #15 -09, Pride Durham, be approved in the amount of $1,500.00. CARRIED Architectural Conservatory of Ontario — Clarington Branch Resolution #GPA- 278 -15 Moved by Councillor Woo, seconded by Mayor Foster That Grant Application #15 -10, Architectural Conservatory of Ontario — Clarington Branch, be approved in the amount of $3,000.00. CARRIED Newcastle Village and District Historical Society Resolution #GPA- 279 -15 Moved by Mayor Foster, seconded by Councillor Cooke That Grant Application #15 -11, Newcastle Village and District Historical Society, be approved in the amount of $1,500.00. CARRIED - 11 - 4 -11 General Purpose and Administration Committee Minutes April 20, 2015 Music Night in the Park (Newtonville) Resolution #GPA- 280 -15 Moved by Councillor Cooke, seconded by Councillor Woo That Grant Application #15 -12, Music Night in the Park (Newtonville), be approved in the amount of $1,000.00. CARRIED Clarington Concert Band Resolution #GPA - 281 -15 Moved by Councillor Neal, seconded by Councillor Cooke That Grant Application #15 -13, Clarington Concert Band, be approved in the amount of $1,000.00. CARRIED The Driftwood Theatre Group Councillor Neal declared a pecuniary interest in the Community Grant Application for "The Driftwood Theatre Group" as he is working on a proposal with the group. Councillor Neal left the room and refrained from discussion and voting on this matter. Resolution #GPA- 282 -15 Moved by Councillor Woo, seconded by Councillor Cooke That Grant Application #15 -14, The Driftwood Theatre Group, be approved in the -amount of $1,000.00. MOTION WITHDRAWN Resolution #GPA- 283 -15 Moved by Councillor Woo, seconded by Councillor Cooke That Grant Application #15 -14, The Driftwood Theatre Group, be approved in the amount of $1,500.00. CARRIED Councillor Neal returned to the meeting. 4 -12 -12- General Purpose and Administration Committee Minutes April 20, 2015 Great Canadian Town Band Festival Resolution #GPA- 284 -15 Moved by Mayor Foster, seconded by Councillor Woo That Grant Application #15 -15, Great Canadian Town Band Festival, be approved in the amount of $1,000.00. CARRIED Lakeshore New Horizons Resolution #GPA- 285 -15 Moved by Councillor Cooke, seconded by Mayor Foster That Grant Application #15 -16, Lakeshore New Horizons, be approved in the amount of $750.00. CARRIED Newcastle Village Concerts Resolution #GPA - 286 -15 Moved by Councillor Neal, seconded by Councillor Woo That Grant Application #15 -18, Newcastle Village Concerts, be approved in the amount of $750.00. CARRIED Newcastle Art Show Inc. Resolution #GPA- 287 -15 Moved by Councillor Woo, seconded by Councillor Neal That Grant Application #15 -19, Newcastle Art Show In., be approved in the amount of $2,500.00. CARRIED -13- 4 -13 General Purpose and Administration Committee Minutes April 20, 2015 Bowmanville Gardens Allotment Bowmanville Ecology Garden Bowmanville Horticultural Society Newcastle Horticultural Society Orono Horticultural Society Resolution #GPA- 288 -15 Moved by Mayor Foster, seconded by Councillor Neal That Grant Application #15 -20, Bowmanville Gardens Allotment, be approved in the amount of $500.00; That Grant Application #15 -21, Bowmanville Ecology Garden, be approved in the amount of $500.00; That Grant Application #15 -22, Bowmanville Horticultural Society, be approved in the amount of $500.00; That Grant Application #15 -23, Newcastle Horticultural Society, be approved in the amount of $500.00; and That Grant Application #15 -24, Orono Horticultural Society, be approved in the amount of $500.00. CARRIED Bowmanville Creek Conservation Group Resolution #GPA- 289 -15 Moved by Mayor Foster, seconded by Councillor Neal That Grant Application #15 -25, Bowmanville Creek Conservation Group, be denied. MOTION WITHDRAWN Resolution #GPA- 290 -15 Moved by Councillor Cooke, seconded by Mayor Foster That Grant Application #15 -25, Bowmanville Creek Conservation Group, be approved in the amount of $1,500.00. CARRIED -14- 4 -14 General Purpose and Administration Committee Minutes April 20, 2015 Bethesda House Resolution #GPA- 291 -15 Moved by Councillor Neal, seconded by Councillor Cooke That the Grant Application for Bethesda House be referred to the Policy Report on Sponsorship. CARRIED Big Brothers and Sisters of Clarington Resolution #GPA- 292 -15 Moved by Councillor Woo, seconded by Councillor Neal That Grant Application #15 -27, Big Brothers and Sisters of Clarington, be approved in the amount of $5000.00. MOTION WITHDRAWN Resolution #GPA- 293 -15 Moved by Councillor Woo, seconded by Mayor Foster That Grant Application #15 -27, Big Brothers and Sisters of Clarington, be denied. CARRIED Feed the Need Durham Resolution #GPA- 294 -15 Moved by Mayor Foster, seconded by Councillor Neal That Grant Application #15 -28, Feed the Need Durham, be approved in the amount of $3,000.00. CARRIED -15- 4 -15 General Purpose and Administration Committee Minutes April 20, 2015 Lions Club of Courtice Mayor Foster declared a pecuniary interest in the Community Grant Application for the "Lions Club of Courtice" as he is a member of this group. Mayor Foster left the room and refrained from discussion and voting on this matter. Resolution #GPA- 295 -15 Moved by Councillor Woo, seconded by Councillor Neal That Grant Application #15 -29, Lions Club of Courtice, be denied. CARRIED Mayor Foster returned to the meeting. Luke's Place Support & Resource Centre for Women & Children Resolution #GPA -296 -15 Moved by Councillor Neal,.seconded by Councillor Cooke That Grant Application #15 -30, Luke's Place Support & Resource Centre for Women & Children, be denied. CARRIED The Gathering Place Resolution #GPA- 297 -15 Moved by Councillor Woo, seconded by Councillor Neal That Grant Application #15 -31, The Gathering Place, be approved in the amount of $1,500.00. MOTION WITHDRAWN Resolution #GPA- 298 -15 Moved by Councillor Woo, seconded by Councillor Neal That Grant Application #15 -31, The Gathering Place, be approved in the amount of $4,000.00. MOTION LOST -16- 4 -16 General Purpose and Administration Committee Minutes April 20, 2015 Resolution #GPA- 299 -15 Moved by Councillor Woo, seconded by Councillor Neal That Grant Application #15 -31, The Gathering Place, be approved in the amount of $1,500.00. CARRIED Bethesda Cemetery Board Resolution #GPA- 300 -15 Moved by Mayor Foster, seconded by Councillor Neal That Grant Application #15 -33, Bethesda Cemetery Board, be approved in the amount of $750.00. CARRIED Bowmanville Figure Skating Club Resolution #GPA- 301 -15 Moved by Councillor Cooke, seconded by Mayor Foster That Grant Application #15 -34, Bowmanville Figure Skating Club, be approved in the amount of $1,000.00. CARRIED Clarington Swim Club Resolution #GPA- 302 -15 Moved by Councillor Neal, seconded by Councillor Cooke That Grant Application #15 -35, Clarington Swim Club, be approved in the amount of $1,000.00. CARRIED -17- 4 -17 General Purpose and Administration Committee Minutes April 20, 2015 Oshawa Camaros Baton Club Resolution #GPA- 303 -15 Moved by Councillor Woo, seconded by Mayor Foster That Grant Application #15 -36, Oshawa Camaros Baton Club, be approved in the amount of $1,000.00. CARRIED Home Base Durham Councillor Neal.declared a pecuniary interest in the Community Grant Application for "Home Base Durham" as he is a Director for this group. Councillor Neal left the room and refrained from discussion and - voting on this matter. Resolution #GPA- 304 -15 Moved by Mayor Foster, seconded by Councillor Woo That Grant Application #15 -37, Home Base Durham, be approved in the amount of $1,000.00. CARRIED Councillor Neal returned to the meeting. Bowmanville & District Navy League Councillor Cooke declared a pecuniary interest in the Community Grant Application for "Bowmanville & District Navy League" as his father completed the application for this Grant. Councillor Cooke left the room and refrained from discussion and voting on this matter. Resolution #GPA- 305 -15 Moved by Councillor Neal, seconded by Mayor Foster That Grant Application #15 -38, Bowmanville & District Navy League, be approved in the amount of $1,000.00. CARRIED Councillor Cooke returned to the meeting. General Purpose and Administration Committee Minutes April 20, 2015 Soper Valley Model Railroad Association Resolution #GPA- 306 -15 Moved by Councillor Woo, seconded by Mayor Foster That Grant Application #15 -39, Soper Valley Model Railroad Association, be approved in the amount of $750.00. CARRIED Transfer of Remaining Grant Money to the Sponsorship Program Resolution #GPA - 307 -15 Moved by Mayor Foster, seconded by Councillor Woo That the transfer the remaining $8,000.00 from Grant Program be transferred to the Sponsorship Program. MOTION WITHDRAWN Newcastle & District Chamber of Commerce Resolution #GPA- 308 -15 Moved by Mayor Foster, seconded by Councillor Neal That Sponsorship Application #15 -S1, Newcastle & District Chamber of Commerce, be approved in the amount of $500.00. CARRIED Concerts in the Park (Bowmanville) Councillor Hooper declared a pecuniary interest in the Community Grant Application for the "Concerts in the Park (Bowmanville) as he is a founding member of this group. Councillor Hooper left the room and refrained from discussion and voting on this matter and Mayor Foster took the Chair. Resolution #GPA- 309 -15 Moved by Councillor Cooke, seconded by Councillor Neal That Sponsorship Application #15 -S2, Concerts in the Park (Bowmanville), approved. in the amount of $1,000.00. CARRIED -19- 4 -19 General Purpose and Administration Committee Minutes April 20, 2015 Councillor Hooper returned to the Chair. Orono Agricultural Society Councillor Hooper declared a pecuniary interest in the Community Grant Application for the "Orono Agricultural Society" due to involvement with this organization. Councillor Hooper left the room and refrained from discussion and voting on this matter and Mayor Foster took the Chair. Resolution #GPA- 310 -15 Moved by Councillor Neal, seconded by Councillor Woo That Sponsorship Application #15 -S3, Orono Agricultural Society, be approved in the amount of $5,000.00. CARRIED Councillor Hooper returned to the Chair. Orono Town Hall Resolution #GPA- 311 -15 Moved by Councillor Woo, seconded by.Councillor Cooke That Sponsorship Application #15 -S5, Orono Town Hall, be approved in the amount of $500.00. Community Living Oshawa /Clarington Resolution #GPA- 312 -15 Moved by Mayor Foster, seconded by Councillor Cooke That Sponsorship Application #15 -S6, Community Living Oshawa /Clarington, be approved in the amount of $1,500.00. CARRIED -20- 4 -20 General Purpose and Administration Committee Minutes April 20, 2015 Bowmanville Hospital Foundation Resolution #GPA- 313 -15 Moved by Councillor Cooke, seconded by Councillor Neal That Sponsorship Application #15 -S7, Bowmanville Hospital Foundation, be approved in the amount of $3,500.00 as a lump sum to be distributed as per Staff direction. CARRIED Habitat for Humanity Resolution #GPA- 314 -15 Moved by Councillor Neal, seconded by Councillor Cooke That Sponsorship Application #15 -S8, Habitat for Humanity, be approved in the amount of $1,000.00. MOTION WITHDRAWN Resolution #GPA- 315 -15 Moved by Councillor Neal, seconded by Mayor Foster That Sponsorship Application #15 -S8, Habitat for Humanity, be denied and allow them to reapply. CARRIED Recess Resolution #GPA- 316 -15 Moved by Councillor Neal, seconded by Mayor Foster That the Committee recess until 1:15 PM. CARRIED The meeting reconvened at 1:15 PM with Mayor Foster in the Chair. -21- 4 -21 General Purpose and Administration Committee Minutes April 20, 2015 Clerk's Department Alter the Agenda Resolution #GPA- 317 -15 Moved by Councillor Cooke, seconded by Councillor Hooper That the Agenda be altered to consider the Unfinished Business Item 2 (b) Procedural By -law and Related Policies — Improvement and Efficiency Amendments at this time. CARRIED Procedural By -law and Related Policies — Improvement and Efficiency Amendments [Referred from the March 30, 2015 — April 9, 2015 General Purpose and Administration Committee Meeting] The, following resolution was before the Committee: Resolution #GPA- 244 -15 Moved by Councillor Cooke, seconded by Councillor Traill That Report CLD- 006 -15 be received; That, in the interest of improving communication flow and providing for greater efficiencies during meetings, the Procedural By -law 2011 -016 be repealed and a new procedural by -law be approved (Attachment 1 to Report CLD- 006 -15) with the following changes to the proposed Procedural By -law: That announcements by Members of Council be limited to meetings that are televised; That each member of Council have a total of five minutes to announce or comment on community events and activities; That all communications be included on the General Purpose and Administration Committee Meeting Agenda; and That communications shall be included in it's entirely unless it is impracticable to do so in which case it shall be included in a manner as determined by the Municipal Clerk. That, where Council deems it appropriate to communicate its position to municipalities beyond those in the Region of Durham, the resolution be forwarded to the Association of Municipalities of Ontario (AMO) and /or the Federation of Canadian Municipalities (FCM) rather than each individual municipality; -22- 4 -22 General Purpose and Administration Committee Minutes April 20, 2015 That correspondence received from other municipalities requesting endorsement/consideration of a resolution be copied to each member of Council and shall only be considered by Council at the request of a Member of Council or the CAO, in accordance with the Procedural By -law; and That the authority to appoint private parking enforcement officers be delegated to the Municipal Clerk. CARRIED AS AMENDED LATER IN THE MEETING (See following motions) The Committee considered the following amendment, also referred from the March 30, 2015 — April 9, 2015 General Purpose and Administration Committee Meeting: Resolution #GPA- 256 -15 Moved by Councillor Neal, seconded by Councillor Hooper That the foregoing Resolution #GPA- 244 -15 be amended by adding the following to the end of Paragraph two: That all "motions to refer" be debatable. MOTION WITHDRAWN Resolution #GPA- 318 -15 Moved by Councillor Traill, seconded by Councillor Neal That the foregoing Resolution #GPA- 244 -15 be amended by adding the following to the end of Paragraph two: That a motion to refer or commit, or any amendment to it, is debatable and shall include: a) The name of the committee or person to whom the matter is to be referred, and b) The terms for referring the matter and the time or period, if any, on or within which the matter is to be returned. Debate on the motion must be confined to its merits only, and cannot go into the main question except as necessary for debate of the referral motion. MOTION LOST -23- 4 -23 General Purpose and Administration Committee Minutes April 20, 2015 Resolution #GPA- 319 -15 Moved by Councillor Cooke, seconded by Councillor Hooper That the foregoing Resolution #GPA- 244 -15 be amended by adding the following to the end of Paragraph two: That a motion to refer or commit, or any amendment to it, is debatable and shall include: a) The name of the committee or person to whom the matter, is to be referred, and b) The terms for referring the matter and the time or period, if any, on or within which the matter is to be returned. CARRIED Resolution #GPA- 320 -15 Moved by Councillor Traill, seconded by Councillor Neal That the foregoing Resolution #GPA- 244 -15 be amended as follows: Delete Paragraph four. Resolution #GPA- 321 -15 Moved by Councillor Traill, seconded by Councillor Neal That the foregoing Resolution #GPA - 244 -15 be amended by adding the following to the end of Paragraph two: That, Section 8.10, Other Business, be deleted. MOTION WITHDRAWN -24- 4 -24 General Purpose and Administration Committee Minutes April 20, 2015 Resolution #GPA- 322 -15 Moved by Councillor Traill, seconded by Councillor Neal That the foregoing Resolution #GPA- 244 -15 be amended by adding the following to the end of Paragraph two: That, in Section 8.10.2, Other Business, the words "provided that the matter was introduced prior to voting on the motion to Adopt the Agenda" be deleted. MOTION WITHDRAWN Resolution #GPA -323 -15 Moved by Councillor Neal, seconded by Councillor Traill That the foregoing Resolution #GPA- 244 -15 be amended by adding the following: That Staff are encourage to adopt a best practice, so that potential delegates be forwarded to the appropriate department; and That the foregoing Resolution #GPA - 244 -15 be amended by adding the following to the end of Paragraph two: That, Section 9.2.4, Request to Speak — Required, be amended to delete "agenda item "; and That, Section 9.2.2, Delegations, be amended to add the following to the end: "unless a majority of the Members present vote to hear the delegation ". CARRIED Resolution #GPA- 324 -15 Moved by Councillor Traill, seconded by Councillor Hooper That the foregoing Resolution #GPA -244 -15 be amended by adding the following: That the proposed amendments to Policy F9, Proclamations, as outlined in Section 2.11 and Attachment 2 of Report CLD- 006 -15, be approved. CARRIED -25- 4 -25 General Purpose and Administration Committee Minutes April 20, 2015 Resolution #GPA- 325 -15 Moved by Councillor Neal, seconded by Councillor Traill That the foregoing Resolution #GPA- 244 -15 be amended by adding the following to the end of Paragraph two: That, Section 6.1.2, Agendas, be amended by deleting the words "provided to each member" and adding the words "placed in each Members' mailbox and emailed." MOTION WITHDRAWN Resolution #GPA- 326 -15 Moved by Councillor Neal, seconded by Councillor Trail[ That the foregoing Resolution #GPA- 244 -15 be amended by adding the following to the end of Paragraph two: "That all Correspondence /Communications go directly to Council." MOTION WITHDRAWN Resolution #GPA -327 -15' Moved by Councillor Neal, seconded by Councillor Trail[ That the foregoing Resolution #GPA- 244 -15 be amended by adding the following to the end of Paragraph two: That the sections pertaining to the "Adoption of the Agenda" be deleted. MOTION LOST LATER IN THE MEETING (See following motion) Suspend the Rules Resolution #GPA- 328 -15 Moved by Councillor Neal, seconded by Councillor Cooke That the Rules of Procedure be suspended to allow Members of Committee to speak to the matter of the foregoing Resolution #GPA- 327 -15 a second time. CARRIED The foregoing Resolution #GPA- 327 -15 was then put to a vote and lost. -26- 4 -26 General Purpose and Administration Committee. Minutes April 20, 2015 Resolution #GPA- 329 -15 Moved by Councillor Neal, seconded by Councillor Traill That the foregoing Resolution #GPA- 244 -15 be amended by adding the following to the end of Paragraph two: That a motion may be introduced without a seconder. MOTION LOST Resolution #GPA - 330 -15 Moved by Councillor Neal, seconded by Councillor Traill That the foregoing Resolution #GPA- 244 -15 be amended by adding the following to the end of Paragraph two: That the number of times of speaking on any question shall not be limited provided that no Member shall speak more than once except to make an explanation, until every Member who desires to speak has spoken. MOTION LOST Resolution #GPA- 331 -15 Moved by Councillor Neal, seconded by Councillor Trail[ That the foregoing Resolution #GPA- 244 -15 be amended by adding the following to the end of Paragraph two regarding the disclosures of pecuniary interest: That notwithstanding 7.2.1, when a Member declares on a matter(s) at a Council meeting, later in the meeting when the confirming by -law is on the floor, the Member's declaration is understood and the Member may remain in the room in which the meeting is taking place and participate in the vote on the confirming by -law. CARRIED Resolution #GPA- 332 -15 Moved by Councillor Neal, seconded by Councillor Traill That the foregoing Resolution #GPA- 244 -15 be amended by add_ ing the following to the end of Paragraph two: That the reference to "procedural" in Section 7.8, Procedural Notices of Motion be deleted. MOTION LOST -27- 4 -27 General Purpose and Administration Committee Minutes April 20, 2015 Resolution #GPA- 333 -15 Moved by Councillor Neal, seconded by Councillor Traill That the foregoing Resolution #GPA- 244 -15 be amended by adding: That the motions for minutes, committee reports, and by -laws be `moved around the table' in terms of which Member of Council moves the motion. MOTION LOST Resolution #GPA -334 -15 Moved by Councillor Neal, seconded by Councillor Traill That the foregoing Resolution #GPA- 244 -15 be amended by adding the following to the end of Paragraph two: That Section 8.10, Other Business, be amended by deleting the following "provided that the matter was introduced prior to voting on the motion to Adopt the Agenda ". MOTION LOST Resolution #GPA- 335 -15 Moved by Councillor Neal, seconded by Councillor Traill That the current practice of asking questions of Department Heads at the conclusion of the respected section of the General Purpose and Administration Committee meeting be continued and expanded and; the foregoing Resolution #GPA- 244 -15 be amended by adding the following to the end of Paragraph two: That "Other Business ", be amended to allow Members, to ask questions of Department Heads pertaining to any matter, including those not necessarily listed on the agenda in both General Purpose and Administration Committee and Council meetings. CARRIED Resolution #GPA- 336 -15 Moved by Councillor Neal, seconded by Councillor Traill That the foregoing Resolution #GPA- 244 -15 be amended by adding the following to the end of Paragraph two: That presentations be limited to 10 minutes. MOTION LOST 'J! -:1e 4 -28 General Purpose and Administration Committee Minutes April 20, 2015 Resolution #GPA- 33715 Moved by Councillor Neal, seconded by Councillor Traill That the foregoing Resolution #GPA- 244 -15 be amended by adding the following to the end of Paragraph two: That Staff limit, as much as possible, Public Meetings to one per General Purpose and Administration Committee meeting. MOTION WITHDRAWN Resolution #GPA - 338 -15 Moved by Councillor Neal, seconded by Councillor Traill That the foregoing Resolution #GPA - 244 -15 be amended by adding the following at the end of Paragraph two: That Members have the ability to "pull an item" from Report #1, for the purposes of a recorded vote, without moving a motion. MOTION WITHDRAWN (See following) The Municipal Clerk confirmed that the rules currently permitted this and an amendment is not necessary. The motion was withdrawn. Resolution #GPA- 339 -15 Moved by Councillor Cooke, seconded by Councillor Hooper That the foregoing Resolution #GPA- 244 -15 be amended by adding the following at the end of Paragraph two: That the Order of Business for the Committee meetings be amended such that the "Other Business" section of the Agenda is considered prior to the adoption of the Agenda. CARRIED The foregoing Resolution #GPA -244 -15 was then put to a vote and carried as amended. Mayor Foster left the meeting at 3:00 PM. Councillor Woo chaired this portion of the meeting. -29- 4 -29 General Purpose and Administration Committee Minutes April 20, 2015 Corporate Services Department Boundary Road Rehabilitation Resolution #GPA- 340 -15 Moved by Councillor Cooke, seconded by Councillor Hooper That Report COD - 009 -15 be received; That Coco Paving Incorporated with a total bid amount of $432,992.72 (net H.S.T. Rebate) being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2015 -7 be awarded the contract for Boundary Road Rehabilitation as required by the Municipality of Clarington, Engineering Department; That the total funds required in the amount of $476,000.00 (net HST Rebate) including construction cost of $432,992.72 and $43,007.28 contingency be drawn from the following account: Boundary Road Rehabilitation 110 -32- 330 - 83435 -7401 $ 476,000.00 That all interested parties listed in Report COD - 009 -15 and any delegations be advised of Council's decision. Sound System in the Council Chambers Resolution #GPA- 341 -15 Moved by Councillor Neal, seconded by Councillor Trail[ That Staff be directed to provide a report regarding the options for improving the current sound system in the Council Chambers, at a timeline convenient to Staff. CARRIED -30- 4 -30 General Purpose and Administration Committee Minutes April 20, 2015 Legal Ramifications of, and Options for, Including the Invocation as Part of the Procedural By -law Closed Session Resolution #GPA- 342 -15 Moved by Councillor Neal, seconded by Councillor Hooper That, in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing the legal ramifications of, and options for, including the invocation as part of the Procedural By -law, a matter that deals with advice that is subject to solicitor - client privilege, including communications necessary for that purpose. CARRIED Rise and Report The meeting resumed in open session at 3:26 PM with Councillor Woo in the Chair. Councillor Woo 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. Finance Department There were no reports to be considered under this section of the Agenda. Solicitor's Department There were no reports to be considered under this section of the Agenda. Chief Administrative Officer There were no reports to be considered under this section of the Agenda. -31 - 4 -31 General Purpose and Administration Committee Minutes April 20, 2015 Unfinished Business Applications by 289143 Ontario Limited fora proposed draft plan of subdivision and rezoning to permit a 234 unit residential development (Referred from the March 23, 2015 Council Meeting] Resolution #GPA- 343 -15 Moved by Councillor Neal, seconded by Councillor Hooper That Report PSD- 052 -14 be received; That Addendum to Report PSD- 052 -14 be received; That the application for the proposed Draft Plan of Subdivision, submitted by 289143 Ontario Limited to permit the development of 234 residential units be supported, with a revision to reduce the maximum number of medium and high density units from 160 to 140 subject to the conditions contained in Attachment 1 to Report PSD- 052 -14; That the Zoning By -law Amendment application submitted by 289143 Ontario Limited be approved as contained in Attachment 3 to Addendum to Report PSD- 052 -14 with a revision to section 15.4.38 c. vii) (a) of the by -law by reducing the minimum lot area from 175 to 150 square metres for each townhouse unit; That once all conditions contained in the Official Plan and Zoning By -law with respect to the removal of the (H) Holding Symbol are satisfied, the By -law authorizing the removal of the (H) Holding Symbol be approved with a revision to section 15.4.38 c. vii) (a) of the by -law by reducing the minimum lot area from 175 to 150 square metres for each townhouse unit; That the Region of Durham Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD- 052 -14 and Council's decision; and That all interested parties listed in Report PSD- 052 -14 and any delegations be advised of Council's decision. -32- 4 -32 General Purpose and Administration Committee Minutes April 20, 2015 Fire Amalgamation Study [Referred from the April 13, 2015 Council Meeting] D - 8 Deb Bowen, AMCT, Regional Clerk /Director of Legislative Services, Regional Municipality of Durham, advising that on March 4, 2015, Regional Council adopted the following resolution pertaining to the budget allocation for a fire services study: "That notwithstanding the budget allocation for a fire services study, that prior to any study being conducted the matter of fire amalgamation be circulated to the Area Municipalities for comments and input." Resolution #GPA- 344 -15 Moved by Councillor Neal, seconded by Councillor Cooke That staff be directed to prepare a report on the costs and benefits of amalgamation of fire services; and That staff be directed to request the Region of Durham staff to provide a framework for the amalgamation as it pertains to: • urban - rural services • full time — volunteers • cost and tax effects • any other relevant matters CARRIED Other Business There were no items to be considered under this section of the Agenda. Communications There were no items considered under this section of the Agenda. Confidential Reports There were no items considered under this section of the Agenda. -33- 4 -33 General Purpose and Administration. Committee Minutes April 20, 2015 Adiournment Resolution #GPA- 345 -15 Moved by Councillor Cooke, seconded by Councillor Traill That the meeting adjourn at 3:43 PM. •C 4 -34 lei! DEPUTY CLERK PUBLIC MEETING REPORT FND- 007 -15 (notice of Public Meeting Development Charges Please be advised that on Monday, May 4, 2015, the Council of the Municipality of Clarington will hold a public meeting in accordance with The Development Charges Act, 1997, regarding proposed development charge rates and policies that will be applied throughout the Municipality. Clarington Council is scheduled to debate and enact a newly revised development charges by -law on Monday, May 11, 2015. Development Charges are fees collected from developers /builders at the time a building permit is issued. The fees help pay for a variety of growth related capital projects such as infrastructure. They cover a variety of Municipal -wide capital services including library, fire protection, indoor recreation, park development and facilities, operations, parking, general government, and roads and related services. Under The Development Charges Act, 1997, Council is required to hold at least one public meeting to allow those interested the opportunity to review and provide comments on the 2015 Development Charges Study, related staff reports and the proposed development charges by -law. All interested parties are invited to attend the public meeting: Date: Monday, May 4, 2015 Time: 9:30 a.m. Location: Council Chambers, 2"d Floor, Municipal Administrative Centre 40 Temperance Street, Bowmanville, Ontario Anyone can attend the public meeting and make a written or verbal presentation to either support or oppose the by -law. The General Purpose and Administration Committee Meeting begins at the above listed start time, but the discussion on the by -law may not begin right away, an agenda for the meeting will be provided. Written submissions are invited and should be directed to the Municipal Clerk no later than Monday, May 4, 2015. Written comments received and submissions made at the public meeting will be considered by Council prior to the enactment of a new development charges by -law. Copies of the 2015 Development Charges Background Study and the proposed development charges by -law will be available through the Municipality's Finance Department and on the Municipality's website, www,clarington.net on April 13, 2015. Inquiries should be directed to Nancy Taylor, Director of Finance/Treasurer, 905 623 -3379, ext. 2602 or by email at- ntaylor(a)-clarington.net. 5 -1 DRAFT LIST OF DELEGATIONS GPA Meeting: May 4, 2015 (a) Brian West and Matthew Tully, TransCanada Pipeline, Regarding the Eastern Mainline Project — Natural Gas (b) Sheila Hall, Clarington Board of Trade, Regarding Economic Development Update 6 -1 Planning Services Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905 - 623 -3379 ext. 2102. Report To: General Purpose and Administration Committee Date of Meeting: May 4, 2015 Report Number: PSD- 025 -15 Resolution Number: File Number: PLN 39.5 By -law Number: Report Subject: Priority Green Clarington Update No. 3 Recommendations: 1. That Report PSD- 025 -15 be received; 2. That all interested parties listed in Report PSD- 025 -15 and any delegations be advised of Council's decision. Municipality of Clarington Report PSD- 025 -15 Page 2 Report Overview This is the third update report of Priority Green Clarington initiatives and accomplishments. It provides: • Notice of additional funding support received for an extension the Priority Green Clarington Green Demonstration Project monitoring period, from four to twelve months; • Preliminary monitoring results based on the initial four month period, showing water, energy and cost savings for all six demonstration homes; • The results of a review of municipal best practices for the establishment of green development standards, guidelines and incentives; • An overview of the feedback received from staff, agencies and industry during recent workshops focused on the topic of Green Development Standards for Clarington; and • An introduction to the strengthened policy framework that is included in the recent release of the proposed Official Plan to support sustainable development and climate change mitigation and adaptation action. Complete project reports for the preliminary Green Demonstration Project analysis and the Green Development Standards, Guidelines and Incentives best practices review will be available at www .prioritygreenclarin.qton.com. 1. Background 1.1 Priority Green Clarington aims to set a new standard for residential development that prioritizes sustainability, promotes innovation and continues to improve the community's quality of life. To achieve this vision, the Municipality, in collaboration with the Region of Durham, the private sector, and the community, is establishing a Green Development Framework (see Figure 1, page 3). "Green development" refers to using practices that will reduce the environmental impacts of residential development and create healthier places to live. It considers the ways in which both homes and neighbourhoods are designed and built. 1.2 Priority Green Clarington is an initiative driven by Council's Strategic Plan 2011— 2014 and Clarington's Green Community Strategy (2010). It is being carried out in collaboration with the Region of Durham and with funding support from the Government of Ontario through the Showcasing Water Innovation program, and the Green Municipal Fund, a fund financed by the Government of Canada and administered by the Federation of Canadian Municipalities, in addition to municipal funding. 1.3 This is the third update report of Priority Green Clarington initiatives and accomplishments. Refer to PSD- 061 -13 or PSD- 053 -14 for prior project information. Demonstration & Pilot Projects Green Demonstration Project (In partnership with local builders) Future opportunities for examining and demonstrating alternative practices and innovation Proposed amendments to existing Official Plan policies to support the establishment of a green development framework Opportunities for integration into engineering standards and development guidelines Green Development Guide Green development standard slcriteria Process for evaluating the green development features of applications Explanatory guidelines Incentive options to encourage green development that goes beyond minimum standards E.g. Expedited application process, development fee reduction, public recognition A system(s) to implement green development standards and guidelines through the various development approval processes Monitoring strategy to measure progress and ensure continuous improvement Collaboration ,with the Community, Council, Staff /Agencies, and the land development and building sector 00 CA) CD G7 m Z3 0 cD co 0 3 0 v 3 m 0 oZ! 7 , '0 �-h nn o, 0 Municipality of Clarington Report PSD- 025 -15 Page 4 20 Yfforrk Program Update Component Green Demons&aHon prro�oco 2.1 To date, the partnership formed with Brookfield Residential, Halminen Homes and Jeffery Homes for the Green Demonstration Project component of Priority Green Clarington has led to the following: ® Construction of six demonstration homes (two per builder) that have installed enhanced water and energy efficient equipment, appliances, fixtures and faucets (collectively referred to as "green practices ") which exceed Building Code requirements; ® Commitment from the six families owning the demonstration homes to participate in a post - occupancy water and energy performance monitoring program, which commenced on October 15, 2014; Set up of a comprehensive performance monitoring network in each home, including 54 water sub - meters and 36 electrical sub - meters (total for all six homes, combined), in addition to whole home water, electricity and gas consumption monitoring; ® On -going collaboration and support from Durham Region Home Builders' Association, our three partner builders including their tradespersons, green building industry associations, product manufacturers, and Municipal and Regional Staff; and Continuous communication, promotion and knowledge sharing, including information booths at community events, and articles and presentations at industry sessions and to other municipalities. 2.2 Relatively few studies have been undertaken that aim to understand how green buildings are actually performing under operating conditions. More often, performance is predicted or forecasted based on pre- occupancy computer generated modelling. 2.3 While the Green Demonstration Project is unique in that it assess performance based on local families purchasing and living in the homes, a post - construction, pre- occupancy energy modelling exercise was completed as part of the performance monitoring program. Based on modelling results, the projected improvement in energy efficiency than that of a new home constructed to the minimum Building Code requirements ranged from 18% to 32 %. 2.4 Forecasting methods for indoor water consumption are not readily available or commonly used by industry, thus, pre- occupancy performance projections for water use were not undertaken. 2.5 The Municipality's original funding Agreement and allocation for the Green Demonstration Project provided only for a four month as- operated performance monitoring period. Recognizing the unique value presented by the Green Demonstration Project and the significant opportunity to enhance this value through a longer monitoring period that E Municipality of Clarington Report PSD- 025 -15 Page 5 captures a full year (12 months) of data, Staff considered options for extending the project, including investigating additional grant opportunities. 2.6 Priority Green Clarington has received a funding support commitment of $10,000 from the Independent Electricity System Operator (IESO) to support an extension of the duration of the Green Demonstration Project to include 12 months, rather than four months, of data collection and performance monitoring. 2.7 The additional funding support from IESO also includes support for a second Priority Green Symposium, a follow up to the successful opening symposium held by the Municipality in October 2013 marking the beginning of the Priority Green Clarington initiative. 2.8 A preliminary report, providing a limited initial assessment of the actual operating performance of the Green Demonstration Project homes has been prepared. The preliminary monitoring results are for the period between October 15, 2014 and February 28, 2015. Sharing of preliminary results provides an early glimpse into the project and is intended to keep both Council and the community informed and engaged. The preliminary assessment report is available at www .prioritygreenclarington.com. 2.9 The preliminary report provides an evaluation of annual energy, water and cost savings based on four months of indoor usage data from the demonstration houses extrapolated to provide annual values. These annual values are then compared to models of equivalent new houses designed in accordance with the minimum Ontario Building Code standards using modelling software. Key preliminary highlights include: Improved performance than a comparable new home built to the minimum 2012 Ontario Building Code requirements, ranging from 9% - 12% more energy efficient and 8% to 17% more water efficient; and Projected annual cost savings from reduced energy use, water use and sewage generation ranging from $154 to $530. 2.10 Comparing the results to average water and energy use data that is available for existing households in Durham Region and the province (i.e. includes a wide range of housing types and ages, and household sizes) shows: • Average daily water consumption of 119 litres per capita per day, which is well below the current Region -wide average of 230 litres per capita day; and Average monthly electrical consumption of 468 kilowatt hours per month, as compared to a typical average of 800 kilowatt hours per month for a family of four in Ontario according to the Ontario Ministry of Energy. 2.11 A final report will be prepared at the conclusion of the extended 12 month monitoring period. The final report will update the preliminary values, and provide additional analysis and information. This will include adding incremental cost savings of green practices, greenhouse gas emission reduction evaluations, municipal water avoidance, and consumption pattern comparisons to typical neighbourhood or provincial data. Lessons learned through the initiative and a recommended cost - effective optimum set of green practices based on study results and industry best practices will also be examined. E13W, Municipality of Clarington Report PSD -025 -15 Page 6 Further, the data will be placed in the context of Clarington's projected population growth, to provide a high level demonstration of the potential implications of energy and water consumption patterns on municipal infrastructure development. 3. Work Program Update Component II — Green Development Standards, Guidelines & Incentives 3.1 A project initiation notice for the Green Development Standards, Guidelines and Incentives Study component of Priority Green Clarington was released on March 13, 2015. This component will establish a practical implementation framework to incorporate sustainable practices into the residential land development process. 3.2 Starting off the process, a background analysis and identification of best practices in residential green development, standards, and incentives has been undertaken. The Green Development Standards, Guidelines and Incentives Background Report is available at www .prioritygreenclarington.com. A summary of key findings are set out below. 3.3 The legislative basis for dealing with planning and building matters is found primarily under the Planning Act, which is implemented through polices found in the Provincial Policy Statement 2014 (PPS), and Building Code Act. Recent strengthening of provincial legislation and policy to reflect the increasing need for sustainable development supports the action being taken by the Municipality to establish a Green Development Framework. Clarington's Official Plan is one of the most important vehicles for implementation of Provincial, Regional and Municipal sustainability objectives. Accordingly, an enhanced policy basis for sustainable development, climate change resiliency and the establishment of green development standards and incentives is reflected in the recently released Proposed Official Plan 2015. 3.4 Green development standards and guidelines have already been implemented by a number of municipalities in Ontario. A variety of approaches are seen, from strategies that focus solely on the construction of green buildings, to those that require sustainability considerations from the outset of community design, to those that mandate certification through a third -party program, such as the EnergySTAR °for Homes or Leadership in Energy and Environmental Design (LEED) programs. A summary table is provided as Attachment 1. Best practices for the Municipality to take into consideration throughout the development of a Green Development Framework for Clarington include: • Allowing for innovation through flexibility; • Being voluntary and creating an incentive; • Ensuring requirements are practical and have technical basis; and • Being cautious.of conflicting Municipal / Regional standards that may create barriers to implementation. W. Municipality of Clarington Report PSD- 025 -15 Page 7 3.5 In order to encourage developers and builders to exceed minimum requirements for sustainable development a number of strategies can be considered, including: Establishment of incentives, such as development charge rebates, reducing the processing time for planning applications, alternative development standards, or public recognition; Providing educational / resource support, such as seminars on sustainable development topics, online resources, or supporting market demand through on- going engagement of the community; and • Leading by example, requiring that all new municipal buildings achieve a minimum sustainability standards, or carrying out pilot projects that demonstrate and provide further insight into emerging sustainable development practices. 3.6 Throughout the course of completing the Green Development Standards, Guidelines and Incentives Study, Staff will continue to liaise with Priority Green Clarington's Staff Working Group and Technical Advisory Committee members. In addition, multiple consultations with both industry and the community at large are planned. 3.7 On April 10, 2015, separate workshops were held with Municipal and Regional Staff and Agencies involved in the land development review process and with land development and building industry representatives. The workshops focused on the topic of green development standards. Green development standards represent a collection of criteria that may be used for evaluating the environmental sustainability of a proposed new development. They are intended to set minimum "green" requirements for both neighbourhood and building design for new residential development, and may also include additional aspirational measures. 3.8 A key objective of the workshop was to obtain feedback on an example set of criteria in order to inform the establishment of draft Green Development Standards for Clarington. .The Sustainability Performance Metrics now being used by the municipalities of Brampton, Richmond Hill and Vaughan provided the basis for discussion. An overview of the collaborative approach undertaken by the Cities of Brampton and Vaughan, and the Town of Richmond Hill is provided as Attachment 2. 3.9 Staff have participated in discussions regarding the potential harmonization of green development standards across municipalities in the Greater Toronto Area. There may be significant benefits to basing Clarington's Green Development Standards on work that has already been implemented in other communities. These include providing a level playing field for developers across jurisdictions, encouraging the sharing of information and lessons learned between municipalities, and providing opportunities for enhancements and refinements to the standards. If this approach is to be successful, it is essential that the Municipality review these existing standards through the lens of our community's needs and aspirations and critically assess the potential benefits, as well as the potential challenges. I.OM Municipality of Clarington Report PSD- 025 -15 Page 8 3.10 Input received during the workshops included the following: • Opportunities to broaden and 'enhance the sustainable performance indicators were identified. Examples include the addition of climate change resiliency criteria, and augmenting stormwater criteria to take into account watershed protection and site permeability. • When establishing a scoring system, consideration must be given to factors that are beyond an applicants' control (e.g. the availability of transit, proximity to community facilities). A benchmark based on current requirements would provide greater depth to future discussions. • Giving applicants the flexibility to choose their own sustainability path, and using a voluntary approach that incents performance to exceed current regulatory and policy requirements (e.g. through development charge rebates or an expedited approval) was considered important to the success of this type of initiative. • Several participants cautioned that conflicting Municipal / Regional policies and standards could create barriers to implementation. The potential implications on local housing affordability was also raised. • Key challenges to harmonization in Clarington with the Brampton /Richmond HilINaughan Sustainability Performance Metrics are our differences in community character, stage of development, and market potential. 3.11 Interest has been expressed by other Durham Region municipalities to have further discussions regarding green development standards harmonization within the region and the relationship of the initiative to the Region of Durham's Climate Change Local Action Plan, and to identify opportunities for collaboration. Staff will follow and participate in these discussions as they progress, sharing lessons learned to date through Priority Green Clarington. 4. Work Program Update Component III — Green Development Policies 4.1 The importance of prioritizing sustainable growth and development is echoed throughout current policies, strategies and action plans at the provincial, regional and municipal levels. Priority Green Clarington is building upon the existing policy framework in the Official Plan to underscore the Municipality's commitment to sustainable development. 4.2 The recently released Proposed Official Plan 2015 includes strengthened policies that will provide a foundation for the establishment of a Green Development Framework for Clarington. The policies proposed enable the establishment and implementation of green development standards and incentive programs, in consultation with key stakeholders and the broader community. Further, the policies proposed place importance on taking action locally, through land use planning and other Municipal activities, to address climate change and build a resilient community. Municipality of Clarington Report PSD- 025 -15 5. Additional Initiatives Paae 9 5.1 In March, Priority Green Clarington supported Ganaraska Region Conservation Authority's Greening Your Grounds workshop series. The two -part workshop brought together over 30 Clarington residents to learn about the newest trends in water efficient residential landscaping. Participants learned about rain gardens, rain barrels, permeable pavement and landscaping with native plant varieties; and sought advice from an expert panel of landscape designers, municipal and conservation authority engineers, and specialists in the area of naturalized stormwater management techniques. An overwhelming response was received for this event. 6. Next Steps 6.1 The following next steps are being undertaken for Priority Green Clarington: • Monitoring of the Green Demonstration Project homes will continue throughout October 2015. In the interim, promotion and education materials to support understanding of the green practices implemented, and to clearly and easily communicate early performance results will be prepared. • Taking into consideration best practices gained from other municipalities who have implemented green development standards and guidelines, as well as the input received during the recent Staff /Agency and industry workshops, Staff will prepare a locally customized draft set of Green Development Standards and supporting guidance material. • Consultation will be planned for both Staff and agencies involved in the development review process and the land development and building industry to receive input on the draft Green Development Standards and Guidelines for Clarington. • Continue consultation with the community on the proposed changes to the Official Plan, including enhanced sustainable development policies, green development and climate change. • Priority Green Clarington, in collaboration with Ganaraska Region Conservation Authority, will be in attendance at Clarington Library's How -To in 10 Festival being held on May 9, 2015. Indoor and outdoor water conservation tips and techniques, including preliminary savings revealed by the Green Demonstration Project, will be shared. 7. Concurrence — Not Applicable 8. Strategic Plan Application 8.1 The recommendations contained in this report conform to the Strategic Plan. Municipality of Clarington Report PSD- 025 -15 Page 10 �.� • ... Reviewed by: Franklin Wu, Chief Administrative Officer Staff Contact: Amy Burke, Senior Planner, 905 - 623 -3379 ext. 2423 or aburke @clarington.net Attachments: Attachment 1 — Summary of Other Municipal Green Development Standards and Guidelines Initiatives Attachment 2 — Overview: Measuring the Sustainability Performance of New Development by the Cities of Brampton and Vaughan, and the Town of Richmond Hill The following is a list of the interested parties to be notified of Council's decision: Glen Pleasance, Regional Municipality of Durham COS /AB /df Municipality/ ; , voluntary, Applicable, ` - Point - "" ` Initiative' (Regwred'.; Development Based � Key Green Requirements 1rnplementation Mechanisms Incentives T � es S `ste`m Brampton, In the Block Plan and Yes Built Environment; Mobility; On -line Excel based tool to calculate the Examining as part of Richmond Hill process of Draft Plan, Site Natural Environment & Open points. Completed.forms required to be implementation phase: and Vaughan implementing Plan Space Infrastructure and submitted with all applications for Buildings information purposes only at this point in Sustainability Brampton Performance Metrics Burlington Voluntary Private No Sustainable Site Development; . Compliance with guidelines will be An implementation and incentives Development Water Efficiency and Quality; encouraged by all applicants for all plan will be developed in the future. Sustainable Energy Efficiency and Air development applications. Building and Quality; Building Materials and • Proposed Official Plan Amendment to Development Resources; Indoor promote the provision of sustainable Guidelines Environmental Quality; building features. Maintenance of Green Building • Community Improvement Project Area By- Performance Law and Community Improvement Plan which will include financial incentives to encourage the provision of sustainable Caledon Voluntary New No Green Technologies such as: A development charge discount is provided The development charge discount commercial Solar hot water systems; at the time the development charges are which is applicable varies on the Green and industrial Transpired solar collectors; Solar paid, and a Letter of Credit is required in the green technology implemented or Development buildings photovoltaic systems; Innovative amount of the discount provided. The level of LEEDO certification Program stormwater management developer has two years after construction accomplished and ranges from 5 practices or stormwater cisterns to demonstrate that they have achieved the % for commercial development or LEED° Certification at any green development they applied for, and that includes one or all of solar hot level then the Letter of Credit will be released. water systems, solar panels, innovative stormwater practices or storm cisterns to 44.5% for industrial uses that achieve LEEDO platinum certification. 00 I O n O h 0 tQ rr O X cD 'a O D nz' -00 Ch :7 o cD r+ N T� � r+ (A 0 Municipality/ Voluntary Applicable Point- Initiative /Required Development Based Key Green Requirements Implementation Mechanisms incentives Types System East Required Three different Yes - Energy Conservation measures; • Preparation of a Sustainable Development Development approval is linked to Gwillimbury checklists for: Optional Water Conservation measures; Background Study. an applicant's ability to meet all Secondary Elements Mix of uses and walkable • The study contained a series of policy Required Elements. Incentives, Thinking Plan / have communities; Passive solar gain approaches and recommendations which such as bonus in height and Green! Community points to and solar ready housing; have been incorporated into the density, servicing allocation, Development Design Plan; determine Recycled and local materials; Consolidated OP. Development Charge rebates for Standards Draft Plan of level of Active transportation options • All development is subject to the Town's employment uses, or expedited Subdivision; incentive OP and Zoning By -Law policies and development approvals; may be Site Plan achieved requirements. considered by the Town for • The TGDS is to be used as a checklist development applications that providing a useful tool to evaluate achieve Optional Elements. sustainability of proposed development. Halton Hills Required Three different Yes Energy Conservation; Water Completion of checklist required as part of Green Development Champion checklists for: Conservation; Air Quality; Waste a complete application. Water allocation Award and Water allocation Green Low Rise Management; Transportation/ based on acheiving sustainable Development Residential; Community Design development as demonstrated by fulfilling Standards Low Rise Non- the requirements of the GDS Residential; Mid to High Rise Kingston Voluntary Two different No Hot Water System; Wood The Housing and ICI Checklists are not None. Checklists are use to checklists for: Fueled Appliances; Electricity; mandatory and the information that is monitor interest in green building Green Housing; Water Efficiency; Building collected is used for information purposes practices within the City Building Industrial, Materials; Heating and only. Guidelines Commercial Ventilation; Air conditioning; and Landscaping Institutional; Large Residential Municipalityl.= Voluntary Applicable .; Development Point- . °Ba'sed Key`,Green Requirements l- Implementation Mechanisms Incentives Initiative /R6quiretl T;``es System t , Kitchener Voluntary Residential No Any LEED° levels Funding of $500,000 provided overthree Between $1,000 - $5,000 grant Dwellings years 2010 -2012 was approved by city based on LEED performance level Green council as part of a Local Environmental achieved Housing Action Fund application made by Incentive Community Renewable Energy Waterloo, Program in conjunction with the city's building division. There was very little uptake and the program has now been discontinued Markham Required All No Greenlands; Transportation; Built • The Performance Measures guide and Checklist are mandatory for each Centre checklist for . development Form; Green Infrastructure; monitor the vision and implementation of application but there are no development applications Public Space Markham Centre - Markham's "Downtown ". incentives Performance applications • A Markham Centre Citizen Advisory Group Measures was formed to assist in developing criteria, Document for benchmarks and indicators to achieve the Sustainability principles and objectives of the Markham and Smart Centre Plan. Growth Extensive public consultation was conducted out of which the key "Performance Indicators" were developed for the checklists. - The Performance Measures document has been added as an appendix to the Markham Centre Secondary Plan, OPA 21. Mississauga Required Low Rise Non- No Low Impact Design Stormwater • In October 2009 a Green Development No incentive program has been guidelines Residential Retention; Soft Landscape Strategy Report was completed. established to date, but the city is Stage One for Site Plan Material; Pedestrian and Cycling • December 2009, City staff conducted an discussing using the following Green Approvals Comfort; Exterior Building internal workshop to formulate the initial set incentives: Development Design of green development standards that could Awards Standards be achieved immediately through the review Fee -bates of development applications. Tiered- tracking Approval Process • Key recommendations from the Strategy Bonusing Opportunities Report were to: establish a green Green Loans development task force; utilize existing OP policies, guidelines and by -laws to communicate targets and requirements; implement the recommendations within five years; adopt LEED -NC Silver certification for key master planned communities and main streets. DE Municipality/ Voluntary Applicable point - Initiative /Required Development Based Key Green Requirements Implementation Mechanism's Incentives Types S stem North Oakville Required Two different Yes - Level Development Form; Air The Checklists and User Guide are used as a No incentives are given when a checklist for checklists for: 1 minimum Quality /Energy Efficiency; Water tool to implement the policies of the North Level 2 or 3 is achieved. The Sustainable development Subdivision; required Management; Natural Heritage Oakville Secondary Plan. Required components Chekclist is going to be revised Development applications Site - Specific of the checklist reflect requirements of the as they are now out of date. Checklist & Applications Secondary Plan. User Guide • The appropriate Checklist is completed prior to the pre - consultation meeting. • Three different points levels can be achieved with Level 1 satisfying only the items that are required. Pickering - Required Two different Yes - Public Realm; Built Form; Green • Guidelines are intended to implement the Although the "Certified" point Seaton checklists for: "Certified" Infrastructure and Building Official Plan direction for the Seaton Urban Area level is the required minimum, Draft Plan of base point and provide greater clarity on urban design, the City will encourage Enhanced Sustainable Subdivisions; system streetscapes, builtform and sustainability levels of sustainability through an Place - Making Site Plans required initiatives. The two checklists form part of the "Incentive Program ". The Guidelines guidelines. Incentive Program is under • The Guidelines will be implemented through development by the City and will various development approval processes, in be tabled for discussion with the accordance with the provisions of the Planning Landowners at a later date. Act including subdivision approval, architectural control, site plan approval, and zoning by -laws. Pickering Required Three Yes - Level Environmental Protection; • In April 2007, Council adopted an Amendment Applicants who exceed a Level 1 guidelines for checklists for: 1 minimum Selection of Lands; Land Use to the Pickering Official Plan setting out the rating will receive recognition by Sustainable development Low required and Distribution; Density and requirements for complete applications for the city. Other benefits of Development applications Residential; Compact Built Form; Official Plan amendments, zoning amendments, meeting Levels 2 or 3 include Guidelines Low Rise Non- Connections; Pedestrian plans of subdivision and condominium, and site marketing opportunities, possible residential; Oriented community; Resource plans, to require the submission of a "Sustainable access to provincial /federal or Medium to High Efficiency Development Report" that would evaluate the other green funds. Rise application in relation to the City's Draft Guidelines. In October 2009, council approved the requirement that all applications achieve a minimum Level 1 rating. MumcipaGty/ lnitiafive Voluntary Applicable Development- �; Point "Based Key Green Requirements -. Irnplementati on" Mechanisms Incentives JRequired , . S stern ,. s. Scugog Required One checklist Yes - Staff Cultural; Social; Economic; The checklist was originally proposed in 2008 in There are currently no incentives for commercial, assign a Environmental the Township of Scugog Official Plan Review as the checklist is not being Revised industrial, numerical background report called Sustainability implemented or enforced. Sustainability institutional and rating that is Discussion Paper. Checklist multi - residential multiplied • The checklist was originally applied on an ad- (greaterthan by a hoc basis to review commercial and multi - five units) weighting to residential development plans. arrive at a • The checklist was revised in 2009 to provide final score more detailed information about the weighting /rating system and clarify the objectives and give examples of the principles. • The revised checklist is also used by the Heritage Scugog Committee and the Scugog Accessibility Advisory Committee to review applications. StouffAlle Required Two different Yes - a Community /Site Design; Energy, • The appropriate checklist is to be completed Incentives such as height and checklists for minimum Water and Waste; Building prior to the pre - consultation meeting. The density bonuses will be Sustainable Subdivision number of Features applicant will prepare a Sustainability Report to considered for applications that Development Design; Site points is address any matters that require explanation. The exceed the minimum standards. Guidelines Level Design required for checklist and sustainability report are submitted each as part of the complete planning application. checklist • Minimum standards must be achieved in order to receive servicing allocation. Toronto Required Three different Yes - Each Air Quality; Greenhouse Gas The two -tier set of performance measures is Applicants that meet both Tier 1 checklists for: application Emissions /Energy required for all new planning applications and Tier 2 measures, or achieve Toronto Green Low-Rise Non- is required Efficiency /Climate Change; including: Zoning By -Law amendment, Site plan LEED certification that address Standard residential; Low to meet the Water Quality, Quantity and control, and Draft Plan of Subdivision. the Tier 2 requirements, may be Rise Tier 1 Efficiency; Urban Ecology; Solid . A series of stakeholder consultations and eligible for a Development Residential; environment Waste workshops were conducted to elicit information Charge Refund of 20 %. Mid to High al about participants' experiences, concerns and Rise (any use) performanc expectations with regard to green development. e measures • The Toronto Green Standard was developed to complement other popular standards such as LEED or Energy Star. 00 I ui Attachment 2 to Municipality of Clarington Report PSD- 025 -15 Overview: Measuring the Sustainability Performance of New Developments by the Cities of Brampton and Vaughan, and the Town of Richmond Hill The municipalities of Brampton, Richmond Hill and Vaughan collaborated to undertake the Measuring Sustainability Performance of New Developments project, creating sustainability metrics and an evaluation system for development applications. The intent was to provide consistency across the three municipalities to simplify the process and create efficiencies for developers, provide a tool to quantify and rank the intended sustainability performance of proposed plans, and improve the application submission and review process. Phase 1 of the project resulted in the development of the "Sustainable Community Development Guidelines" for the City of Brampton. Phase 2 involved the creation of a dynamic, excel -based checklist of Sustainable Performance Metrics to integrate into the municipal planning application review process which is consistent across these three municipalities. Phase 3, which has not yet been completed, will focus on project implementation, monitoring and sharing result between the three municipalities. The Sustainable Performance Metrics apply to a range of planning application types including Block Plans, Draft Plans of Subdivision and Site Plans, and all types of development. They consist of four sustainability categories, 28 indicators and up to 45 metrics (depending on the plan type). Sustainability categories and performance indicators are presented in the attached table. Each metric consists of: • Mandatory Target — existing standard or requirement based on relevant legislation and policy (e.g. Ontario Building Code, Official Plan, etc); • Recommended Minimum Target — considered to be "doing better than you have to ", • Aspirational Target — considered to be "best in class ". This system allows an applicant to select metrics appropriate to their project, thereby allowing the applicant to tailor the sustainable design features to the site. A supporting manual and user guide, a guidebook, and additional supporting tools have been or are being created to assist applicants in the calculation of selected metrics and overall submission requirements. While the Sustainability Performance Metrics are consistent across these three municipalities, each municipality is free to encourage (incentives) the implementation of the Sustainability Performance Metrics as part of the planning application review process based on its own context and determine the threshold level score that is required for incentives to apply. The Sustainability Performance Metrics tables are available at http: / /www.richmondhill.ca /documents / sustainability metrics .pd MW Sustainable Performance Categories and Performance Indicators Categories Performance Indicators Built Environment Compact development Land use mix and diversity Green buildings Site accessibility Housing unit mix Landscape and street tree planting / preservation Natural green space Parking Pedestrian connections Community form Cultural heritage resources Tree canopy Natural heritage Mobility Street networks Site permeability Transit supportive Active transportation Walkability Natural Environment & Parks Open Space Storm water Urban agriculture Natural heritage system Soils and topography Infrastructure & Buildings Energy conservation Potable water Lighting Bird friendly design Materials and solid waste management Heat island The rationale behind each of the metrics and the sources used to inform the metrics are included in the Measuring the Sustainability Performance of New Development — Final Comprehensive Report (Appendix B) available at httD: / /www.bramaton.ca /EN/ Business/ Diannina- development/auidelines- manuals/ Documents / Final %20Comprehensive %20Report.pdf. AM Planning Services Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905 - 623 -3379 ext. 2102. Report To: General Purpose and Administration Committee Date of Meeting: May 4, 2015 Report Number: PSD- 026 -15 Resolution Number: File Number: PLN 1.1.21 By -law Number: Report Subject: Co- ordinated Provincial Review of the Growth Plan for the Greater Golden Horseshoe; Greenbelt Plan, Oak Ridges Moraine Conservation Plan and Niagara Escarpment Plan Part 1 - Comments on Growing the Greenbelt for the Agricultural System Recommendations: That Report PSD- 026 -15 be received; 2. That a copy of this Report be forwarded to the Ministries of Municipal Affairs and Housing, Natural Resources and Forestry, Agriculture and Rural Affairs and Durham Region; 3. That the Ministries and the Expert Advisory Panel review the potential to further protect agricultural lands through the expansion of the Greenbelt based on a scientific evaluation of the production capability of the lands between the Greenbelt and urban boundaries in Clarington; and 4. That all interested parties listed in Report PSD- 026 -15 and any delegations be advised of Council's decision. mm Municipality of Clarington Report PSD- 026 -15 Page 2 Report Overview The four provincial plans under review, represent a series of provincial policies and plans that govern land use planning in Ontario. Together these plans are to provide the long -term planning framework and direction to manage growth, protect agricultural lands, conserve the natural environment and support economic development within Ontario's Greater Golden Horseshoe, Greater Toronto Area and Greenbelt. Clarington has high yield agricultural lands that were not included in the Greenbelt, these lands should be evaluated to determine if they should be protected through "Growing the Greenbelt ". 1. Purpose The purpose of this report is to set out Clarington's concerns and comments with the regard to the protection of agricultural lands south of the Greenbelt adjacent to the Courtice, Bowmanville and Newcastle urban areas as they are some of the best agricultural lands in Ontario. Additional comments on the four plans including: the Growth Plan for the Greater Golden Horseshoe; Greenbelt Plan, Oak Ridges Moraine Conservation Plan and Niagara Escarpment Plan will be the topic of a separate report at a subsequent meeting. 2. Background The four provincial plans under review, represent a series of provincial policies and plans that govern land use planning in Ontario. Together these plans are to provide the long- term planning framework and direction to manage growth, protect agricultural lands, conserve the natural environment and support economic development within Ontario's Greater Golden Horseshoe, Greater Toronto Area and Greenbelt. 2.1 Oak Ridges Moraine Conservation Plan The Oak Ridges Moraine Conservation Act, 2001 and the accompanying Oak Ridges Moraine Plan came into effect in November 2001. Durham amended the Regional Official Plan to bring it into conformity in April 2003. Clarington amended our Official Plan to bring it into conformity in June, 2004. 2.2 Niagara Escarpment Plan The Niagara Escarpment does not extend into Durham and therefore the Region and Municipality will not be providing comments related to the Niagara Escarpment Plan. 2.3 Greenbelt Plan The Greenbelt Act, 2005 and the accompanying Greenbelt Plan came into effect in February 2005. Durham amended the Regional Official Plan to conform to the Greenbelt Plan in September 2006. Clarington's conformity exercise for the Greenbelt Plan is included in the current proposed changes to the Official Plan but minimal changes are required as our Plan currently incorporates most elements of the Greenbelt Plan. Its • Municipality of Clarington Report PSD- 026 -15 Page 3 primary affect is to prevent amendments to the Official Plan that would allow additional development such as Estate Subdivisions and Urban Area expansions. The Greenbelt Act, 2005 requires a review of the Greenbelt Plan to be carried out 10 years after the approval of the Plan, in conjunction with the reviews of the Oak Ridges Moraine Conservation Plan and Niagara Escarpment Plan, in order to determine whether comprehensive revisions are needed to these Plans. Over 80% of Clarington is covered by the Greenbelt Plan (which incorporates the Oak Ridges Moraine Conservation Plan). Staff have been involved and assisting with the preparation of discussion papers and studies by the Friends of the Greenbelt Foundation over the past 10 years, in particular the discussion papers relating to the agricultural system. 2.4 Growth Plan for the Greater Golden Horseshoe The Places to Grow Act, 2005 became law in June 2005, while the Growth Plan for the Greater Golden Horseshoe (the Growth Plan) came into effect in June 2006. Durham amended the Regional Official Plan to conform to the Growth Plan through Amendment No. 128. A number of appeals to the Regional Amendment were launched including an appeal by Clarington. The Ontario Municipal Board approved changes to the Regional Official Plan on January 9, 2013. Clarington supported the changes implemented by the Ontario Municipal Board to the Regional Official Plan in Clarington. Similar to the Greenbelt Plan, the Growth Plan is due for a legislated review 10 years after its approval, to determine if revisions are warranted. The population and growth projections for the Growth Plan are very optimistic and in 2014 they were updated from the initial 2031 target year to 2041. The recently released Proposed Official Plan for Clarington was prepared in keeping with the 2031 Growth Plan projections. 3. Overview of the Coordinated Provincial Review In recognition of the complex and interconnected nature of these four plans, the Province is seeking public input through a co- ordinated review of all four provincial land use plans. The Province's coordinated review will be completed in two phases of public consultation. In Phase 1, the Province will seek public input on all matters associated with the four plans, with a focus on the goals outlined in a related Discussion Paper to inform the Province's understanding of how the plans can better meet their individual and collective objectives. Public comments will be accepted until May 28, 2015. The exact timeline and specifics of Phase 2 consultation will be released at a later date. 3.1 Our Region, Our Community, Our Home (Discussion Paper) The Our Region, Our Community, Our Home discussion paper provides background information on Ontario's planning framework, each of the four provincial plans and sets out questions to focus the discussion during this phase of consultation on the following six goals: • Protecting agricultural land, water, and natural areas; • Keeping people and goods moving and building cost - effective infrastructure; • Fostering healthy, livable, and inclusive communities; Municipality of Clarington Report PSD- 026 -15 Page 4 • Building communities that attract workers and create jobs; • Addressing climate change and building resilient communities; and • Improving implementation and better aligning the plans, Regional Town Hall meetings are being held across the Greater Golden Horseshoe, from late March to early May. A regional town hall meeting will be held in Newcastle Community Hall on May 4, 2015. Staff have attended some of the earlier sessions. The meeting includes an open house from 6 to 7 PM, followed by the meeting from 7 to 9 PM. The meeting portion begins with a presentation and question /clarification session. Attendees then work in groups on the questions posed under the six goals set out in the Discussion Paper. The final portion of the meeting is reporting back and wrap -up. 3.2 Expert Advisory Panel To support the coordinated review, the Province appointed a panel of six advisors to develop recommendations on how to amend and improve the four provincial land use plans. The advisory panel is composed of: • David Crombie, former Federal Cabinet Minister and Mayor of Toronto (Chair) • Keith Currie, Vice President, Ontario Federation of Agriculture • Rae Horst, former CAO, Credit Valley Conservation Authority • John MacKenzie, Commissioner of Planning, City of Vaughan • Leith Moore, Senior Vice President, Urban Fieldgate Homes and • Debbie Zimmerman, CEO, Grape Growers of Ontario. The advisory panel is expected to deliver a report to the Ministry of Municipal Affairs and Housing and the Ministry of Natural Resources and Forestry by September 1, 2015. Members of the advisory panel have been attending the Regional Town Hall meetings. The Province has indicated that it anticipates the coordinated review will result in final recommendations on amendments to the Plans ready by early 2016. The process and timeline is intended to inform the review of the Big Move (MetroLinx's regional transportation plan). 4. Durham's Greenbelt Plan Review In preparation for the legislated 2015 provincial plans review, the Region engaged the consulting services of Urban Strategies Inc. to conduct the Durham Greenbelt Plan Review. Between January to April 2014 the Durham Greenbelt Plan Review consultation included the lower tier politicians and staff, regional committees and general public. The Directions and Recommendations report was adopted by Regional Council in September 2014 and submitted to the Province for consideration and discussion during the coordinated plans review. The 19 Recommendations represent a range of potential solutions and approaches to addressing the issues under 8 categories. The eight categories or directions are: Direction 1: Introduce increased flexibility for municipalities and conservation authorities to interpret and apply the Plans' policies on a case -by -case basis at the site - level. Municipality of Clarington Report PSD- 026 -15 Page 5 Direction 2: Beyond protecting the agricultural land base, ensure that the Plans support agricultural viability. Direction 3: Ensure that the Plans support the viability of rural communities. Direction 4: Provide additional resources and direction to ensure effective implementation of the Plans. Direction 5: Ensure consistency and clarity between the two Plans [Greenbelt and Oak Ridges Moraine Conservation Plan], and between the Plans and other Provincial legislation. Direction 6: Ensure that potentially impactful activities are effectively regulated. Direction 7: Establish a process to consider limited refinements to the boundaries of the Plans. Direction 8: Ensure that the upcoming 2015 Provincial Review process proceeds in a fair, accountable and transparent manner. 5. Clarington's "Whitebelt" One of the outcomes created by the Greenbelt, which also encompasses the Oak Ridges Moraine, is the area between the Greenbelt boundary and the designated urban boundaries. These lands are often referred to as the "whitebelt" area. Clarington has 81 percent of its land area covered by the Greenbelt, 8 percent is "whitebelt ", with the remaining 11 percent being the existing urban areas. The existing urban areas include agricultural lands slated for development over the next 15 -20 years. In Clarington, the "whitebelt" lands are located between Courtice and Bowmanville (south of highway 2), and Bowmanville and Newcastle (south of Concession 3) - these are known as our urban separators inthe Official Plan. One of the criticisms of the Greenbelt Plan was that some of the best agricultural lands were not included. The logic behind leaving certain lands out of the Greenbelt was, that given the growth estimates for the Greater Golden Horseshoe and policies in local and regional Official Plans these lands, known as the "whitebelt" would at some point be logical extensions of urban areas. Some of these "whitebelt" lands were added to urban areas in Durham through Regional OPA 128. The growth estimates are optimistic and based on growth continuing to move outward rather than upward. In Clarington, some of the best agricultural lands in all of southern Ontario are the lands south of the Greenbelt surrounding the urban areas. The policies of the Province require that prime agricultural areas be protected for long -term use for agriculture. It would only be when sufficient opportunities for growth are exhausted that prime agricultural areas should be considered for urban development. Clarington and Durham residents have expressed concern for the economic viability of the agricultural sector and have concerns for food security. The lands between the urban centres of Courtice, Bowmanville and Newcastle are part of Clarington's and the Region's economic engine (agriculture). In addition, these agricultural lands provide much needed open spaces that counter balance urban growth and contribute to the overall sustainability and character of the Municipality. 8 -22 Municipality of Clarington Report PSD- 026 -15 Page 6 In 2001, Clarington Council established the Agricultural Advisory Committee of Clarington. The Agricultural Advisory Committee provides advice to Council, Planning Staff and input on policies that affect the agricultural sector. On August 25, 2011 the Agricultural Advisory Committee of Clarington recommended and Council subsequently, on September 19, 2011, endorsed the following resolution: "Whereas the Municipality of Clarington is in the process of reviewing the Official Plan; And whereas part of the mandate of the Agricultural Advisory Committee of Clarington is to advise Council with regard to: a) implementation of municipal agricultural goals, objectives and policies; b) alternative solutions, approaches, plans or studies dealing with agriculture and related rural issues which are within the responsibilities and financial capabilities of the Municipality of Clarington; and c) monitor and report on changes within the agricultural industry including agricultural land inventory; And whereas agriculture is the #1 industry in Clarington; And whereas agriculture is necessary for food security; And whereas some of Canada's best agricultural land is in Clarington, more particularly immediately adjacent to the current urban boundaries and in the (I whitebelt" areas; And whereas there are not stringent tests for the expansion of urban settlement area boundaries with regard to prime agricultural lands and soil capability; Now therefore be it resolved that Council instruct Planning Staff to include additional policies in the Growth Management and Agricultural Sections of the Official Plan to ensure that: a) growth be provided through intensification, and redevelopment; and within the existing urban boundaries; b) that agricultural soil capability be included as an additional criteria for determining where future growth happens (e.g. avoid Classes 1, 2 and 3 soils, in this order of priority); c) that impacts from settlement areas on agricultural operations be mitigated; and d) that all types, sizes and intensities of agricultural uses and normal farm practices be promoted and protected in accordance with Provincial standards." 5.1 Proposed Official Plan 2015 The recently released Proposed Official Plan for Clarington includes policies to address additional protection for agricultural lands and tests for urban boundary expansions. The lands between Courtice and Bowmanville; and Bowmanville and Newcastle are Prime Agriculture, Rural and Environmental Protection (Figure 1). These land uses are in conformity with the Region of Durham Official Plan land uses. The planning horizon of Clarington's and Durham's Official Plans is 2031. Depending on the rate of growth, which 8 -23 Municipality of Clarington Report PSD- 026 -15 Paae 7 at present is an optimistic forecast. No urban boundary expansions can be made except in the context of a comprehensive review of the Durham Region Official Plan. This is anticipated as early as 2018. Durham Region, not Clarington, will determine urban boundary expansions. Figure 1: Prime Agricultural, Rural and Environmental Protection Lands r cou�rtice f Urban A_reai s _ ' _ f Bowmanville I 4 ;7 Sao 1 r_ r I URBAN HAMLET i ESTATE RESIDENTIAL i M RURAL PRIME AGRICULTURAL AREA UTILITY PROITECTION AREA -I WATERFRONT GREENWAY ® GREENBELTAREA I Y - Newcastle �- _ V 1 Urban -Area Lake Ontario -� �- ' Y 1 When the Region released their draft of the conformity exercise with the Places to Grow legislation (Amendment 128) it included Schedule 'F'. Schedule 'F' (Figure 2) showed potential future growth areas beyond the 2031 time horizon. The Province, through the eventual OMB settlement, deleted this Schedule. However, the Schedule indicated the way in which Durham Region anticipates the lands south of the Greenbelt will be developed as Living Area or Employment Area by approximately 2056. Clarington's three urban areas would. be consolidated as one urban area, forming a continuous urban agglomeration from Whitby to Newcastle. 8 -24 Municipality of Clarington Report PSD- 026 -15 Figure 2: Potential Future Growth Areas Courtice 6. Province's Greenbelt Plan Review 8 -25 Bowmanville r �.. Newcastle Village Paqe 8 There is the opportunity to grow the Greenbelt. The provincial government laid out the process for how it would consider additions to the Greenbelt and thus afford additional lands with the protection of the Greenbelt designation (see Attachment 1). Any municipal process to grow the Greenbelt would require additional study to justify the inclusion of specific tracts of land in the Greenbelt, for environmental, agricultural land protection or other reasons. The Greenbelt Plan states "The overall vision for the Greenbelt Plan is protectfion] against the loss and fragmentation of the agricultural land base and supports agriculture as the predominant land use" In one of the background studies prepared by the Friends of the Greenbelt Foundation in 2007 "Many farmers questioned why the best farm land is not being protected by the Greenbelt. To date the proposed framework for "Growing the Greenbelt" requires that the request be from a regional government, supported by a council resolution and include documentation addressing engagement of the public, key stakeholders, public bodies, conservation authorities, including notification to affected landowners. There is no option for lower -tier municipalities to propose an expansion if the upper tier does not support its inclusion. However, the Ministry of Municipal Affairs and Housing may consider expansion "while complementary provincial initiatives are being developed" EXHI6IT 10 TO REGIONAL OFFICIAL PLAN AMENDMENT � -•` N0.126 OFFICIAL PLAN OF THE REGIONAL MUNICIPALITY OF DURHAM SCHEDULE'F' SPECIFIC POLICY AREA D, POTENTIAL FUTURE GROWTH AREA LEGEND Courtice 6. Province's Greenbelt Plan Review 8 -25 Bowmanville r �.. Newcastle Village Paqe 8 There is the opportunity to grow the Greenbelt. The provincial government laid out the process for how it would consider additions to the Greenbelt and thus afford additional lands with the protection of the Greenbelt designation (see Attachment 1). Any municipal process to grow the Greenbelt would require additional study to justify the inclusion of specific tracts of land in the Greenbelt, for environmental, agricultural land protection or other reasons. The Greenbelt Plan states "The overall vision for the Greenbelt Plan is protectfion] against the loss and fragmentation of the agricultural land base and supports agriculture as the predominant land use" In one of the background studies prepared by the Friends of the Greenbelt Foundation in 2007 "Many farmers questioned why the best farm land is not being protected by the Greenbelt. To date the proposed framework for "Growing the Greenbelt" requires that the request be from a regional government, supported by a council resolution and include documentation addressing engagement of the public, key stakeholders, public bodies, conservation authorities, including notification to affected landowners. There is no option for lower -tier municipalities to propose an expansion if the upper tier does not support its inclusion. However, the Ministry of Municipal Affairs and Housing may consider expansion "while complementary provincial initiatives are being developed" Municipality of Clarington Report PSD- 026 -15 7. Background Study Page 9 To assess agricultural assets of a track of land, the Land Evaluation and Area Review evaluation system model was developed by the Ontario Ministry of Agriculture, Food and Rural Affairs. It considers other factors, such as fragmentation, micro - climatic effects, heat units, land use of surrounding parcels, and size of holdings, in addition to soil capability for agriculture to determine potential. The Land Evaluation and Area Review evaluation system is used to identify Prime Agricultural Areas by more than just soil type. However, it has not been consistently applied across Southern Ontario. A full Land Evaluation and Area Review study of the lands in Clarington south of the greenbelt and outside of the urban areas should be prepared in consultation with the agricultural community and local planning staff, using area specific data so that it can be ground - truthed. It is our understanding that the Ontario Ministry of Agriculture, Food and Rural Affairs and Durham Region collaborated on a desktop Land Evaluation and Area Review type analysis in advance of the Region's Official Plan amendment to bring it into conformity with the Greenbelt Plan. However, the desktop analysis and ratings for the individual parcels have not been shared with local municipal staff, the agricultural community or the public. 8. Discussion Agriculture is an important part of the economy in Clarington (Attachment 2). A significant portion (approximately one third) of agricultural economic activity for Durham Region takes place within Clarington. The importance of agriculture is not just confined to the agriculture lands and farming. It includes a number of businesses in other areas such as food manufacturing, food retail, and agri- tourism, and therefore is a significant economic cluster and driver for Durham. The importance of protecting the land base (soil), in combination with the micro - climatic lake effects, contiguous parcels and the amount of land and farms required to maintain the economic viability of agriculture cannot be overstated. At the local level prime agricultural lands in Clarington are protected through Offical Plan designations and zoning. The lands also need to be protected in the Regional Official Plan and by the Province. Fulsome scientific analysis is needed to determine which, if any, of the agricultural lands south of the existing Greenbelt boundary and outside of the urban boundaries in Clarington should be designated as a "agricultural reserve" similar to the Duffins Rouge Agricultural Preserve. Protection for Clarington's agricultural lands becomes even more critical if one considers a statistic from a recent Guelph University Farm Preservation Project which states that only 11 percent of Canada's land can support agricultural production. An important contribution of the lands between the urban areas is the role played by these large open stretches as separators. These open areas reinforce community identity by breaking the monotony of continuous urban development. These urban separators are often viewed as the next frontier by development interests. AM Municipality of Clarington Report PSD- 026 -15 Page 10 A number of task forces and action plans related to agriculture in the GTA have set out the arguments for protection of the agricultural system and lands where the urban /rural interface occurs: "Agriculture in the Greater Toronto Area has the following advantages: an abundant fresh water supply, heat units conducive to high crop yields, proximity to markets and consumers, an extensive transportation network, and proximity to research, development and learning facilities. Aside from these physical advantages, good business management also plays an enormous role in the competitiveness of farming in the Greater Toronto Area." Source: Greater Toronto Area Agricultural Action Plan "Protecting farmland helps to preserve a productive land base for the agricultural economy, preserve the amenity values of open space and rural character, slow suburban sprawl, provide wildlife habitat, and provide an opportunity for groundwater recharge in areas where suburban development is occurring." Source: Ontario Farmland Trust website 9. Concurrence Not Applicable 10. Conclusion Clarington Council supported the resolution of the Agricultural Advisory Committee of Clarington regarding the need for additional protection of the near urban lands through the local Official Plan; additional proposed policies have been included in the recently released document to strengthen agricultural land protection at the local level. The use of a science based agricultural capability analysis ground - truthed with input from the agricultural community and local planning staff should be carried out during the Provincial review of the Greenbelt to determine if some of these high - quality near urban agricultural lands should be included in the Greenbelt and thus protected by Provincial and Regional level planning documents. It is recommended that a copy of this report be submitted to the Ministries of Municipal Affairs and Housing, Natural Resources and Forestry, Agriculture and Rural Affairs; the Expert Advisory Panel and Durham Region as Clarington's input into the Greenbelt review. Additional comments on the four plans will be provided in a separate, subsequent report to Council. 11. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan. I.3VA Municipality of Clarington Report PSD- 026 -15 Submitted by: Da J. Crome, MCIP, RPP Director of Planning Services Page 11 Reviewed by:-� Franklin Wu, Chief Administrative Officer Staff Contact: Faye Langmaid, Manager of Special Projects, 905 - 623 -3379, extension 2407 or flangr�aidcl�arin__ toc�_ ��._ne�l Attachments: Attachment 1 - Reference Sheet, Growing the Greenbelt Attachment 2 - Excerpts from "Economic Base and Employment Lands Discussion Paper, July 2, 2010" and from the "Clarington Official Plan Review and Update April 21, 2014" The following is a list of the interested parties to be notified of Council's decision: Agricultural Advisory Committee of Clarington DJC /FL /sn .1 Municipality of Clarington Attachment 1 to Report PSD- 026 -15 INTRODUCTION This reference sheet provides a summary of the Growing the Greenbelt criteria used by the Ministry of Municipal Affairs and Housing to consider municipal requests to expand the Greenbelt. The full text of the criteria, including process and principles, is available in the document Growing the Greenbelt (August 2008) and should be referenced for more details. When a formal submission is received, the Ministry of Municipal Affairs and Housing, with technical support from partner ministries, will review the submission to determine how the municipality has addressed all of the criteria. Based on this review, the Minister of Municipal Affairs and Housing may initiate the process to amend the Greenbelt Plan, in accordance with the provisions of the Greenbelt Act, 2005. I1 MUNICIPAL REQUEST The request is from a regional, county or single -tier municipal government and is supported by a council resolution. In a region or county, the lower -tier host municipality (or municipalities) in the proposed expansion area supports the request through a council resolution. The municipality documents how it has addressed the Ministry of Municipal Affairs and Housing's expectations for: • Engagement with the public, key stakeholders, and public bodies such as conservation authorities, including notification of affected landowners. • Engagement with Aboriginal communities. 12 ADDITIONS TO THE GREENBELT The request identifies a proposed expansion area that is adjacent to the Greenbelt or demonstrates a clear functional relationship to the Greenbelt area and how the Greenbelt Plan policies will apply. 13 EMBRACES THE GREENBELT PURPOSE The request demonstrates how the proposed expansion area meets the intent of the vision and one or more of the goals of the Greenbelt Plan. 14 CONNECTIONS TO GREENBELT SYSTEMS One or more of the Greenbelt systems (Natural Heritage System, Agricultural System and Water Resource System) is identified and included in the proposed expansion area and their functional relationship to the existing Greenbelt system is demonstrated. Reference Sheet (2010) - Growing the Greenbelt (Criteria) mm F 5 COMPLEMENTS THE GROWTH PLAN FOR THE GREATER GOLDEN HORSESHOE A municipality's request to expand the Greenbelt may be considered by file Ministry of Municipal Affairs and Housing while the municipality is engaged in its associated Growfh Plan conformity exercise. The proposed area for expansion cannot impede The implementation of the Growth Plan. The municipality must demonstrate how file expansion area supports the goals, objectives and forge's of both the Greenbelt Plan and the Growth Plan. Expanaionr to the Greenbelt will be considered for areas that are outside of existing urban settlement arras. An exception may be considered for major natural heritage systems that are located within existing urban settlement areas. The natural heritage system must 6e designated within the municipal official plan. ' 6 TIMING AND RELATIONSHIP TO OTHER PROVINCIAL INITIATIVES A municipalify's request to expand the Greenbelt may be considered by the Ministry of Municipal Affairs and Housing while complementary provincial initiatives are being developed. The request has to demonstrafe that the proposed expansion area will not undemline provincial interests, or file planning or implementafion of complementary provincial inifiatives (e.g. Source Profection Plans under The lean WcyterAcf, 2006, Metrolinx's Regional TransporTafion Plan, Lake Simcoe Protection Plan). CONTACT INFORMATION Ministry of Municipal Affairs and Housing I4fh Floor, 777 Say Street Toronto, ON M5G 2E5 Phone: 416- 585.6014 Fax: .I 16- 585.6870 MORE INFORMATION For more information on the Greenbelt and the complete criteria, visit: Minisfry of Municipal Affairs and Housing - Greenbelt www.greenbelt.ontario.ca MINISTRY OF MUNICIPAL AFFAIRS AND MOUSING ISBN 978 -1- 4435 - 2428 -5 (PDF) 0 Gueen's Printer for Ontario, 2010 Dkponible en frorgais sous le titre Feuille de iefcrenu - Une ceinture de verdure croissonfe R=_ferenca Sheet (2010) - Growing the Greenbelt (Criteria) 1 Attachment 2 to Municipality of Clarington Report PSD- 026 -15 Excerpt from "Economic Base and Employment Lands Discussion Paper, July 2, 2010" for the Clarington Official Plan Review Agriculture: Agriculture is an important part of the economy in Clarington. A significant portion of agricultural activity in the Region takes place within Clarington. The importance of agriculture is not just confined to the agriculture sector which is strictly defined as farming. It also includes a number of businesses in other areas such as food manufacturing, food retail, and agri- tourism, and therefore is significant as an economic cluster. The total number of farms in Clarington in 2006 was 437, with the total area of farms reported by Statistics Canada as 33,074 hectares (25 percent of farm hectares reported for Durham Region). The average area of farms in Clarington is reported by Statistics Canada as 76 hectares. The number of farms and the number of hectares farmed in Clarington decreased between 2001 and 2006. Based on Statistics Canada data, there were 462 farms and 34,363 hectares of farmland in Clarington in 2001: the number of hectares being farmed decreased by nearly 1,300 or 6 percent between 2001 and 2006. The total value of farm receipts (excluding any forest products sold) in Clarington in 2005 was roughly $57.6 million, which represents about 24 percent of the gross farm receipts in Durham Region. As shown in Table 6, most of the farms in Clarington are relatively small operations, with about 33 percent having gross revenues of under $10,000. About 24 percent had gross revenues of $100,000 or more (including nearly 7 percent that had gross revenues of $500,000 or more), which is consistent with Durham Region overall. Based on Statistics Canada Agricultural profile information, 78 of the 437 farms had paid agricultural workers year -round in 2005 (about 18 percent); 111 had seasonal or temporary paid workers. The number of farm operators in Clarington in 2006 was 640, which represents about 26 percent of the farm operators in Durham Region, which was considerably higher than the portion Clarington comprised of jobs overall in the Region (around 10 percent). The number of farm operators in Clarington in 2006 was slightly lower than in 2001 (665). It appears that most farm operators also do other non -farm related work, with about 48 percent of farm operators only working at the farm. About 25 percent worked more than 40 hours a week at a non - agricultural operation in 2005. The importance of agriculture is not just confined to the agriculture sector which is strictly defined as farming. It also includes a number of businesses in other sectors such as food manufacturing, food retail, and agri- tourism, and therefore is significant as an economic cluster. Further data is available on the Agriculture Sector in Clarington through Statistics Canada's Agriculture Community Profiles. 8 -31 It is likely that the supply of agricultural lands presently being farmed in Clarington will decline slightly as a result of a redevelopment since a portion of these lands are designated for residential and employment uses, as well as farm land that will be lost as a result of the Highway 407/401 Link. Agricultural employment may also be reduced due to the trend towards greater automation in farming, resulting. in the need for fewer employees, and larger farms for greater economies of scale. Prime agricultural lands in Clarington will be protected through Offical Plan designations and zoning, and it will be important that adequate buffering and transitioning of lands surrounding farm operations (particularly livestock farms) be provided to help existing farms remain viable. Excerpt from "Economic Base and Employment Lands Analysis Update for Official Plan Review ", April 21, 2014 Agriculture continues to be an important part of the economy in Clarington; however, there has been a decrease in the number of farms and hectares of farmland ... Clarington still accounts for approximately 25% of farm hectares reported for Durham Region, as it did in 2006. The total value of farm receipts (excluding any forest products sold) in Clarington in 2010 was roughly $72.4 million, which may be compared to $57.6 million in 2005. As shown in the table below, the portion of farms with revenues in the three revenue categories between $250,0.00 and just under $2 million has increased significantly — 16.9% in 2010 compared to 10.5% in 2005, and the portion of farms in the lower revenue ranges is less for 2010 compared to 2005. This suggests that although there has been a decrease in the number of farms, a large portion of the remaining farms are likely financially viable operations. It is noteworthy as well that nearly one -third of farms could be considered as `hobby farms', having gross annual revenues in 2010 of under $10,000. Table 16: Farms in Clarington by Total Gross Farm Receipts 8 -32 Under $10,000 144 33.0% 118 30.3% .$10,000 - $24,999 80 18.3% 69 17.7% $25,000 - $ 49,999 63 14.4% 53 13.6% $50,000 - $99,999 44 10.1% 35 9.0% $100,000 - $249,999 55 12.6% 44 11.3% $250,000 - $499,999 21 4.8% 31 7.9% $500,000 - $999,999 17 3.9% 21 5.4% $1 million - $1,999,999 8 1.8% 14 3.6% $2 million and over 5 1.1% 5 1.3% Total number of farms 437 100.0% 390 100.0% Source: Statistics Canada, Census of Agriculture, 2011, 2006 8 -32 Planning Services If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905 - 623 -3379 ext. 2102. Report To: General Purpose and Administration Committee Date of Meeting: May 4, 2015 Report Number: PSD- 027 -15 Resolution Number: File Number: ZBA 2014 -0032 By -law Number: Report Subject: An Application by Dr. R.J.C.G. Inc.to Rezone Lands at 2021 Green Road for a Mixed -Use Buildina Recommendations: That Report PSD- 027 -15 be received; 2. That the Zoning By -law Amendment application submitted by Dr. R.J.C.G. Inc., to permit the construction of a mixed -use building, be approved as contained in Attachment 4 to Report PSD- 027 -15; 3. That a by -law to remove the (H) Holding Symbol be forwarded to Council at such time that the applicant has created an inter - parcel laneway that allows unrestricted access for vehicular and pedestrian traffic across the subject property and out to Green Road; 4. That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD- 027 -15 and Council's decision; and 5. That all interested parties listed in Report PSD- 027 -15 and any delegations be advised of Council's decision. [.*a Municipality of Clarington Report PSD- 027 -15 Page 2 Report Overview An application submitted by Dr. RJCG proposes a mixed use building at 2021 Green Road. Although it would be preferable to have a consolidated development with the lands to the south at 2005 Green Road, the proposed development conforms to the Bowmanville West Town Centre Secondary Plan and right -in /right -out access can be provided. The rezoning of the lands is recommended for approval. Future site plan details will be negotiated. The proposed redevelopment comprises: 825 square metres (8,900 square feet) of commercial space on the ground floor; and Fourteen apartments on the second and third floors (various sizes). 1. Application Details Owner: Dr. R.J.C.G. Inc. Agent: D.G. Biddle & Associates Inc. Proposal: To rezone a property, into conformity with the Official Plan, in order to permit the construction of a three - storey, mixed -use building. Area of Site: 3,484 square metres (before road widening) Location: 2021 Green Road, Bowmanville Within Build Boundary: Yes 2. Background 2.1. Physical Description The site is generally flat and has no major vegetation or significant natural features. The surrounding uses are as follows: North and East: Clarington Central Secondary School athletics field South: Single detached dwelling West: Canadian Tire retail store 8 -34 Municipality of Clarington Resort PSD- 027 -15 .:% Canadian Tire t1 2.2. Site History Figure 1: 2021 Green Road (outlined in red) l-, tv t� - �t. +. LT .� c mss+ Site Stevens Road Page 3 a This property previously contained a single detached dwelling which was demolished in July 2009. The property has remained vacant since that time. The current owner acquired the property in December 2011. 2.3. Current Proposal The property owner has submitted a rezoning application in order to permit the construction of a 2,400 square metre (26,000 square feet), three - storey, mixed -use building. The proposed building would be located near the north property line with the main parking area and driveway located near the south property line (see Attachment 1 to Report PSD- 027 -15). A Phase One Environmental Site Assessment, a Noise Study, an Archaeological Report and a Planning Rationale Report were all submitted in support of this application. 2.4. Public Meeting A Public Meeting for this application was held on February 23rd, 2015. While no public comments were received at that meeting staff did receive public comments both before and after the Public Meeting. A discussion of the public comments received is contained in Section 7 of Report PSD- 027 -15. 8 -35 Municipality of Clarington Report PSD -027- 5 Page 4 3. Pr©vincW POLICY 3.1. The Provincial Policy Statement The Provincial Policy Statement promotes efficient land use and development patterns with the intent of creating sustainable communities that are home to people of all ages. Development is directed to occur within existing settlement areas and to proceed in a manner which minimizes land consumption and servicing costs. In order to achieve this objective, opportunities for intensification (redevelopment at a higher density than previously existed) will be promoted. 3.2. The Growth Plan for the Greater Golden Horseshoe The policies of the Growth Plan for the Greater Golden Horseshoe (Growth Plan) promote the creation of compact, complete communities that are transit - supportive and pedestrian - friendly. Part of the intent of the Growth Plan is to manage growth in a manner that will optimize existing infrastructure and support a strong economy. The first priority of growth shall be to seek to intensify within existing built -up areas. The subject property is located within the Provincially - defined "Built Boundary" for the Bowmanville Urban Area. The Growth Plan requires that population and employment growth be directed to built -up areas of the community to optimize existing land supply and better utilize existing municipal services. 4. ®ff cW Mans 4.1. Durham Regional Official Plan The Durham Regional Official Plan designates all of the subject lands as "Regional Centre ". Regional Centres are intended to serve as the main concentration of commercial, residential and institutional functions within urban areas. To achieve this function developments within Regional Centres should include a mix of uses, favour pedestrian traffic with a prime consideration for built form and urban design. Compact, higher - density housing is recommended in order to increase the variety of housing stock available. As a Regional Centre, the Bowmanville West Town Centre is expected to support a long -term density target of 75 units per gross hectare and be built to accommodate a floor space index of 2.5. If approved, the proposed development will contribute towards this density target. 4.2. Clarington Official Plan The subject land is designated "Town Centre" within the Clarington Official Plan and is a part of the Bowmanville West Town Centre Secondary Plan (Secondary Plan). The policies of the Secondary Plan support development which includes a mix of uses, increased densities and quality urban design. Municipality of Clarington Report PSD- 027 -15 Page 5 Within the Secondary Plan the subject property is designated "Street- Related Commercial ". This designation permits retail and service uses on the ground floor with residential apartments above the ground floor. The design of buildings and the layout of properties should promote pedestrian activity into and through the site. 5. Zoning By -law This site is currently zoned "Agricultural (A) ". The Owner is seeking an amendment to the Zoning By -law to both implement the Secondary Plan designations and to accommodate the proposed three - storey, mixed -use building. 6. Summary of Background Studies The Owner's consultant submitted four separate studies in support of this application. A summary of their conclusions is provided below: • Phase One Environmental Site Assessment — No evidence of any on -site contamination. • Archaeological Assessment — Unlikely that this property possesses any archaeological resources. • Environmental Noise Assessment — Noise mitigation to be addressed through Site Plan approval. • Planning Justification — This proposal satisfies all relevant Provincial land use policies and conforms with the Durham Regional Official Plan and the Clarington Official Plan. 7. Public Submissions Following the preparation of the Public Meeting report (PSD- 013 -15) staff received three inquiries from the public regarding this application. The first inquiry sought more information about the proposed building and offered no comments or concerns. The second inquiry expressed the following concerns: • Protection of privacy for the residential neighbours; • Limiting the noise from both the commercial and residential tenants; • The urban design of the building and site; and • The impact on neighbouring property values. The third inquiry from Smart Centres Inc. stated support for the proposed building but expressed concern about the small size of the commercial units. Specifically, it was noted that other commercial properties in the area, that were also designated "Street - Related Commercial ", had restrictions on the number and size of their small units. These concerns will be discussed in Section 10. 8 -37 Municipality of Clarington Report PSD- 027 -15 8. Agency Comments 8.1. Regional Municipality.of Durham Page 6 The Durham Regional Planning and Economic Development Department support the redevelopment of this property at higher densities than previously existed. They have confirmed that the proposed development is consistent with the Provincial Policy Statement and generally conforms with the policies of the Growth Plan for the Greater Golden Horseshoe. 9. Departmental Comments 9.1. Engineering Services The Engineering Services Department has no objection, in principle, to the proposed commercial /residential mixed -use building. However, the proposed entrance, located near the south side of the property, is considered to be too close to the intersection of Green Road and Stevens Road. Traffic counts at this intersection are higher than originally anticipated in traffic impact studies for the Brookhill neighbourhood. It is anticipated that traffic will increase further once the Green Road grade separation project is completed (which was not in the forecast at the time of the preparation of the traffic impact study). Engineering staff will continue to monitor this intersection, and it is , anticipated that improvements will be warranted in the foreseeable future. Improvements may include a median on Green Road to control left turn movements. The median would cross in front of the subject land's entrance if it is located at the south side of the property. For this reason, the proponent can either install a right -in- right -out access at the south entrance or locate the entrance near the north side of the property. Other comments were provided with respect to any future site plan. 9.2. Emergency and Fire Services The Emergency and Fire Services Department has no objection, in principle, to the proposed commercial /residential mixed -use building. 9.3. Finance Department The Finance Department has confirmed that the taxes for this property have been paid up -to -date. 10. Discussion 10.1. Site Context The subject lands and the residential lot to the south were residual parcels not included in the acquisition of the lands for the Clarington Central High School. In preparing the Bowmanville West Town Centre Secondary Plan, it was recognized that the two large rural lots would eventually redevelopment as part of the Town Centre. The lands were designated "Street - Related Commercial ". It was anticipated that these parcels would Municipality of Clarington Report PSD- 027 -15 Page 7 redevelop as a consolidated block. The partial redevelopment of only one lot at this time causes some difficulty in terms of site design, entrances, and impacts on the remaining residential parcel as long as it continues for this purpose. The subject parcel can be efficiently designed as a three - storey mixed -use building which helps to fulfill the vision for the area. The remaining lot to the south, given its long and narrow configuration, is not an efficient development site. 10.2. Entrance Location The Engineering Services Department has stated their concern that the proposed entrance location, near the south side of the property, may be too close to future improvements that may be made to the Green Road and Stevens Road intersection. Their recommendation is to re- orientate the plan so that the driveway entrance is located near the north side of the property or to have a right -in /right -out only entrance. The owner has stated his objection to relocating the entrance for two reasons: Flipping the site plan will mean that the commercial tenants on the ground floor will now be facing north instead of south. This will reduce their visibility from the traffic along Highway 2, Stevens Road and north bound on Green Road; and • Placing the building near the south property line will reduce the overall redevelopment potential for the northeast corner of Green Road and Stevens Road. In addition to the owner's objections, Planning Staff would also note that placing the proposed building near the south property line will result in a greater impact on the adjacent residential neighbour to the south. Redevelopment of the property to the south will be further inhibited if the proposed building is located near the south property line. That layout will force the proposed and future buildings much closer together and will reduce the opportunity for joint parking arrangements between the two properties. Engineering Services is prepared to permit a right -in /right -out entrance for the proposed site layout. This will make it inconvenient for shoppers and residential tenants until the southerly parcel is redeveloped to provide an additional entrance from Stevens Road through the site plan process. 10.3. Commercial Unit Sizes The drawings submitted for this application identify seven commercial units on the ground floor. With a gross floor area of 825 square metres (8,880 square feet) that would mean that the average size of the commercial units will be 117 square metres (1,265 square feet). Other properties designated "Street - Related Commercial" and located along Highway 2 have limits on the number of small floor space units (having a total floor area between 100 square metres and 300 square metres). The reason for limiting the number of small floor space units within the big box centres along Highway 2 was to avoid drawing existing businesses away from Bowmanville's heritage downtown or deterring new Municipality of Clarington Report PSD- 027 -15 Paae 8 businesses from setting -up in the downtown. This policy came out of the Commercial Policy Review of 2005, which is now 10 years ago. Given that the Bowmanville West Town Centre has not built out to date, it is time to reconsider this restriction. The commercial units proposed at this location will serve the general retail needs of the community as well as the convenience needs of the Brookhill neighbourhood. It is not expected that the commercial floor spaces created here will have a negative impact on the Downtown. Therefore, staff are satisfied that a minimum unit size requirement is not necessary. However, since this will be a mixed -use development, containing both commercial and residential tenants, staff believe that it is reasonable to require that a minimum number of commercial units occupy the ground floor of the building. This way the ground floor will function like other successful mixed -use developments which include a range of retail and services and not just a single commercial tenant. 10.4. Urban Design and Streetscape The resident to the south wanted to ensure that any development of the site would incorporate the same high quality urban design elements as the new development on Highway 2. Street - Related Commercial areas are intended to provide small scale, pedestrian- oriented retail and personal service uses. Buildings in these areas should be designed to contribute to an active street life by offering direct connections to the building from the public sidewalks and by incorporating glazing and entrances which face the street. The proposed building has already been designed to incorporate many of the urban design requirements included in the Secondary Plan. Through the Site Plan review process staff will continue to work with the Owner to include all of the urban design requirements set -out in the Secondary Plan. This will include: High quality building materials; Screening of parking areas; and The inclusion of well- designed amenity spaces; 10.5. Noise and Disturbance The land uses considered for this site are in keeping with those permitted within the "Street- Related Commercial" designation. However, there are concerns about the noise and disturbance that might be generated if a pub was a tenant within the proposed building. The noise and disturbance from a pub has the potential to impact the residential neighbour to the south as well as the residential tenants on the second and third floor of the proposed building. Therefore, the proposed zoning by -law includes provisions such that: 8 -40 Municipality of Clarington Report PSD- 027 -15 Page 9 • A Tavern (bar) will not be permitted; and • A licensed restaurant will not be permitted to operate an outdoor patio anywhere on the property. A Noise Assessment was already completed to evaluate the impact of outside noise on the second and third floor apartments proposed to be constructed. During the review of the future Site Plan application, a second Noise Assessment will be required to evaluate the noise that may be generated on -site by the operational requirements of the proposed building (i.e. HVAC units). If noise levels are higher than those permitted by the Ministry of the Environment, the owner will be required to mitigate any noise impacts that may be experienced by the residential neighbours. The property owner to the south also raised concerns about privacy given the three storey building. The Zoning By -law incorporates a 10 metre setback for the structure but there will be a further loss in privacy. The residential property to the south has experienced considerable change over the last few years. Major commercial development has occurred around the site. A new residential neighbourhood, which will include higher density uses, is underway to the north. The Municipality constructed Stevens Road along the south boundary of the lot to convey traffic the considerable increase of traffic resulting from this development. With this new project, incremental impacts will be felt. The lands are no longer in the country but in the middle of the major commercial centre for the Municipality. At some point in the future, it too will redevelop in accordance with the Street - Related Commercial Area policies. While some of the impacts of this proposed development on the residence can be mitigated, it is not possible to mitigate everything. 10.6. Waste Management Another concern that was shared was how waste will be managed on -site. All waste generated by the commercial and residential tenants will be stored within a refuse room located in the southeast corner of the building. The refuse room will be sized to provide accommodation for all three streams of waste: garbage, recyclables and food waste. The Owner will also be required to provide outdoor garbage and recycling receptacles to account for the refuse generated by customers who visit the site. 10.7. Other Concerns It is not possible for the Municipality to anticipate possible changes in neighbouring property values as a result of the proposed zoning change. However, there is no evidence that commercial or mixed use redevelopment has any impact on property values. It should be noted that the subject property has been designated for street - related commercial uses in the Clarington Official Plan since 2006. 8 -41 Municipality of Clarington Report PSD- 027 -15 Page 10 11. Concurrence - Not Applicable 12. Conclusion In consideration of all agency, staff and public comments, it is respectfully recommended that the applications to permit the construction of a mixed -use building be approved as originally proposed. 13. Strategic Plan Application Not applicable. Submitted by: David J. trome, MCIP, RPP Director of Planning Services Reviewed: Franklin Wu, Chief Administrative Officer Staff Contact: Paul Wirch, Planner II, 905 - 623 -3379, extension 2418 or pwirch(a�clarington.net Attachments: Attachment 1 —Applicant's Proposed Site Layout Attachment 2 — Implication of Northerly Entrance on Site Layout Attachment 3 — Property Location Map Attachment 4 — Proposed Zoning By -law Amendment The following is a list of the interested parties to be notified of Council's decision: Dr. R.J.C.G. Inc. Michael Fry John Bouma Doug & Denise Wilkins SmartCentres c/o Nikolas Papapetrou COS /PW /df RIXIM Municipality of Clarington Applicant's Proposed Site Layout n �1.. U rF 0 Stevens Road a .l Attachment 1 to Report PSD- 027 -15 North South Third floor Second floor -. Ground floor ,._ Single storey dwelling ', Entrance 1 (Property 8 -43 Municipality of Clarington ,I 0 •,, C3 I . r � � Attachment 2 to Report PSD- 027 -15 Implications of Northerly Entrance on Site Layout __j U] OEM I -�-- - �-�/ NI Stevens Road North South Third floor Second floor •�� Ground floor � 5iriglestorey:dwelling ' I Entrance • (Property Line) 8 -44 CC) cn Property Location Map (Bowmanville) ZBA 2014 - 0032 Zoning By-Law Amendment Applicant Dr. R.J.C.G. Inc. 0 0 ft 0 -0 > 0 rt Ch 0-9 6' (n 0 IV r C3 LLI 0 _j d -1 _! _C1 - (D t� ��j i 1� -- I ' ff I ,' I � i 1. it Stevens Road ZBA2014-0032 CC) cn Property Location Map (Bowmanville) ZBA 2014 - 0032 Zoning By-Law Amendment Applicant Dr. R.J.C.G. Inc. 0 0 ft 0 -0 > 0 rt Ch 0-9 6' (n 0 Attachment 4 to Municipality of Clarington Report PSD- 027 -15 Corporation of the Municipality of Clarington By -law 2015 -. being a By -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the Corporation of the Municipality of Clarington Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By -law 84 -63, as amended, of the Corporation of the Municipality of Clarington for ZBA 2014 -0032; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. "Section 22B. STREET - RELATED COMMERCIAL (C9) ZONE is hereby amended by adding thereto, the following new Special Exception zone 22B.4.5 as follows: 228.4.5 STREET - RELATED COMMERCIAL EXCEPTION (C9 -5) ZONE Notwithstanding Section 3.1 j. v., 3.13 a., b., c., 3.22, 226.1 a. iii., vi, 226.2 b., 2213.3 a., 228.3 b. ii., iii., 26.3 i, 213.3 j. iii. those lands zoned C9 -5 as shown on the Schedules to this By -law shall be subject to the following uses and regulations: a. Permitted Non - residential Uses i) Bakery shop; ii) Beer, liquor or wine retail outlet; iii) Business, professional, or administrative office; iv) Convenience store; v) Day nursery; vi) Dry cleaning distribution centre; vii) Eating establishment; vii) Eating establishment, take -out; viii) Financial office; ix) Laundry; x) Medical or dental clinic; xi) Place of worship; xii) Retail /commercial establishment; xiii) School, commercial; xiv) Service shop, personal; xv) Service shop, light; and xvi) Veterinary clinic. b. Regulations i) Interior Side Yard (minimum) (a) 3.0 metres and MITI. (b) 10.0 metres from a lot containing a single detached dwelling. ii) Canopies may project into any required front, side, or rear yard to a distance of not more than 1.5 metres, but in no instance shall a required side yard be reduced to below 0.3 metres. iii) Floor Space Index (minimum) 0.65 iv) The length of a business establishment street facade (minimum) 40% v) Commercial Floor Space Restriction: The ground floor shall contain a minimum of three business establishment. vi) Loading Space (minimum): 1 space measuring 4.0 metres by 9.0 metres and having a vertical clearance of 5.0 metres. vii) An outdoor patio is not permitted for a business licensed to serve alcohol. 2. Schedule '3' to By -law 84 -63, as amended, is hereby further amended by changing the zone designation from "Agricultural (A) Zone" to "Holding Street - Related Commercial Exception ((H)(C9 -5)) Zone" as illustrated on the attached Schedule 'A' hereto. 3. A by -law to remove the Holding Symbol will be forwarded to Council at such time that the applicant has provided an easement over its property that will facilitate unrestricted access for vehicular and pedestrian traffic across the subject property to Stevens Road through 2005 Green Road. 4. Schedule 'A' attached hereto shall form part of this By -law. 5. This By -law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. By -Law passed in open session this day of 2015 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk 8 -47 This is Schedule "A" to By -law 201 5 - , passed this day of , 2015 A.D. 2078 0 oQ 2000 � w f nLJ_ 2005 V • STEVENS ROAD 2344 • 1995 • N ® Zoning Change From "A" To "(H)C9 -5" Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk F g�tx<(g 3 i $IEVENg 5lEVFNSF N g�n wwuuww`x vx R Bowmanville 4 2BA2014.0032 SCHEDULE3 Operations Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905 - 623 -3379 ext. 2102. Report To: General Purpose and Administration Committee Date of Meeting: May 4, 2015 Report Number: OPD- 005 -15 Resolution: File Number: By -law Number: Report Subject: Cemetery Tariff of Rates for 2015 to 2018 Recommendations: 1. That Report OPD- 005 -15 be received; 2. That the proposed tariff of rates as outlined in Attachments 2, 3, 4 and 5 of Report OPD -005 -15, be approved; 3. That the Director of Operations be given authorization to purchase a cremation niche once a need is determined; and 4. That the cost to purchase the columbarium be financed from the General Capital Reserve or an alternate funding source satisfactory to the Director of Finance; and 5. That the proposed changes to the Cemetery By -Law be approved. 10 -1 Municipality of Clarington Report OPD- 005 -15 Page 2 1. Background 1.1 The Operations Department currently manages four active cemeteries, Bowmanville, Bondhead, St. Georges and Hampton Union. The proposed tariff of fees and rates identifies the costs that are charged for interment rights and cemetery services. The interment rights and cemetery services include plot, lot, and niche purchases, interments, disinterments, installation of foundations, headstones /footstones, and other administrative costs as outlined. The Funeral, Burial and Cremation Services Act 2002, S. 0. 2002, c.33, Part 6, Section 53(1) states that "every cemetery operator who sells, assigns or transfers interment rights or scattering rights or who permits the interment of human remains or the scattering of cremated human remains in the cemetery shall have a care and maintenance fund ", for the purpose of providing money for the care and maintenance of the cemetery. According to the Act, the fund is used for the perpetual upkeep of the cemetery, the markers, and all the structures in the cemetery. Forty percent of all fees collected are placed in this fund. The following charts indicate the number of interments that have occurred for the past 3 years: Cemetery Re ular Burials Cremations Bowmanville Cemetery 2012 69 60 2013 71 61 2014 71 72 Bondhead Cemetery 2012 6 11 2013 7 5 2014 11 7 St. Georges Cemetery 2012 2 0 2013 1 5 2014 1 1 Hampton Union Cemetery 2013 5 3 2014 4 7 URM Municipality of Clarington Report OPD- 005 -15 2. Proposal e3 2.1 Staff, in reviewing the existing fee schedule, held a meeting with several local Funeral homes, as well as consulted with other Municipal Cemeteries in the area. Several items of discussion included weekend burials, babyland fees, and the addition of more Niche wall interments. 2.2 With regard to weekend burials, the funeral directors were pleased that Clarington is the only Municipal Cemetery operator that offers Sunday and Holiday interments. 2.3 Saturday burials are becoming more popular due to family members travel and work schedules. Clarington has had a premium to cover staff costs and was included with the additional fees for Sundays and holidays. Staff reviewed and compared the existing fees for weekend /holiday surcharges for interments with neighbouring municipal cemeteries. The additional surcharge for Saturday ranges from $150.00 to $300.00 depending on time of day for interment. Staff is recommending $265.00 for Saturday burials. The 2015 proposed fee for Sunday and holidays will be $415.00. 2.4 Staff then reviewed Clarington's existing fees, and services and compared them to our neighbouring Municipalities, and is recommending a multi -year fee increase. The current tariff of rates is provided as Attachment No. 1. The 2015 increase would tape effect upon Council approval. The following year's increases will take effect on January 1 for 2016, 2017 and 2018. 2.5 Babyland Interments It was interesting to note that local funeral homes do not charge for services related to Babyland. Staff are recommending that the Municipality consider offering plots in Babyland and all interments at no cost. In the past 3 years, a total of 3 burials have taken place in babyland. 2.6 Cremations The most prominent trend impacting Cemetery demand is the growing desire for cremation. As indicated in the charts above, cremation interments are becoming more in demand than regular casket interments. The Municipality has purchased 3 Columbarium since 2005 providing 240 niche interments. Currently there are only 15 niches still available. The funeral directors agree that cremation amenities represent the largest opportunity to best serve the residents of Clarington. It is recommended that a full range of cremation disposition alternatives be provided at all of Clarington's Cemeteries. The cost of the latest Columbarium the Municipality purchased was approx. $35,000 and once all the niches have been sold the return will be approximately $88,000. The cost to purchase the columbarium be financed from the General Capital Reserve with future sales paying back the Reserve or an alternate funding source satisfactory to the Director of 10 -3 Municipality of Clarington Report OPD- 005 -15 Paae 4 Finance. Staff is recommending that the Director of Operations be given the authorization to purchase columbariums in the future, as the need is determined by the Director. 2.7 Ontario Works Act Assisted Interments Section 164 of O. Reg 30/11 provides the following: 164. (1) Upon receiving a written direction from a delivery agent, as defined in the Ontario Works Act, 1997, a cemetery operator who has an available lot shall, (a) provide a lot for the interment of the remains of any person mentioned in the direction; (b) provide opening and closing services in conjunction with the interment; and (c) install a marker if, (i) one is provided to the operator, (ii) the operator installs markers for other persons at the cemetery, and (iii) the cemetery by -laws permit the installation. O. Reg. 30/11, s. 164 (1). (2) Upon receiving a written direction from a delivery agent, as defined in the Ontario Works Act, 1997, a cemetery operator who offers scatterings in the cemetery and who has a common scattering ground available for a scattering shall, (a) scatter, or permit the scattering of, the cremated remains of any person mentioned in the direction; and (b) install a marker if, (i) one is provided to the operator, (ii) the operator installs markers for other persons at the cemetery, and (iii) the cemetery by -laws permit the installation. Our By -law is silent on the burial rights and memorialization for any graves supplied in accordance with Section 164 of O. Reg 30111; being assisted burials. To clarify that the rights to any graves supplied for assisted burials in accordance with the regulations remain with the Municipality, it is recommended that By -law 2012 -061 be amended to add the following clauses: 4.16 Notwithstanding sub - sections 4.1 to 4.15, inclusive, burial rights for graves provided for assisted burials cannot be transferred or sold and shall remain vested with the Municipality in perpetuity. 7.5.1 Notwithstanding subsection 7.5, an interment can take place for an assisted burial prior to receipt of payment for the Interment, provided the Municipal Clerk has received written confirmation from Social Services of a commitment to pay for the services. 10 -4 Municipality of Clarington Report OPD- 005 -15 5 In accordance with sub - section 164(1)(c) of O. Reg. 30/11; being installation of markers for assisted burial sites, it is recommended that Section 8.1 of By -law 2012 -061 be amended to add the following to the end of the clause: "including markers requested to be installed for graves provided for assisted burials ". .2.8 Use of Graves purchased pre -1955 Where interment rights were sold before 1955 and no trust funds were collected for the purpose of care and maintenance (or perpetual case as was often the term used pre- 1955), the Municipality shall charge the interment rights holder care and maintenance fees, at the time the rights are either transferred or at the time the rights are executed. The rate shall be based on the rate approved by the Registrar. 3. Concurrence This report has been reviewed by Anne Greentree, Municipal Clerk and Nancy Taylor, Director of Finance who concurs with the recommendations. 4. Strategic Plan Application Not applicable. Submitted bv: !� Reviewed by: z Frederick J. Horvath B.A., R. D.M.R., R. R. F.A Director of Operations Staff Contact: Robert Genosko, 905 - 263 -2291 ext. 531 Attachment No. 1 - Cemetery Tariff of Rates 2014 Attachment No. 2 - Cemetery Tariff of Rates 2015 Attachment No. 3 - Cemetery Tariff of Rates 2016 Attachment No. 4 - Cemetery Tariff of Rates 2017 Attachment No. 5 - Cemetery Tariff of Rates 2018 FJ H /rg Franklin Wu, Chief Administrative Officer 10 -5 ATTACHMENT NO. 1 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON SCHEDULE "A" TO BY -LAW 2012 -061 CEMETERIES - TARIFF OF RATES - 2014 SALE OF PLOTS Type of Lot Dimension Bowmanville Dimension Bondhead 40 %o Perpetual Care Rate Rate (does not include applicable taxes) Single TX 9' TX 9' $563.64 $1,409.11 Bab land .1.5'X 3' 1.5'X 3' 1 $197.28 $493.19 Cremation 2'X 2' 2'X 2' 1 $197.28 $493.19 2. SALE OF CREMATION NICHES Columbarium Niche Size 15 % Perpetual Care Rate Rate (does not include applicable taxes Single (including 12" X 12" X 12" $169.09 $1,127.28 Plaque) - Niche Wall $140.91 Double (including 12" X 12" X 12" $253.72 $1,690.93 Plaque) $140.91 Disinterment (child) including reburial at same $724.31 3. INTERMENT 4. DISINTERMENT CHARGES Rate (does not include applicable taxes Adult —Single De th $775.02 Adult — Double Depth $972.28 Infant / Child $281.83 Cremation $281.83 Niche Wall $140.91 4. DISINTERMENT CHARGES 5. HOLIDAY AND OTHER SURCHARGES Rate (does not include applicable taxes Disinterment (adult) including reburial at the $1,284.00 same location or at another location in the same cemetery $255.48 Disinterment (adult) for burial at another $1,086.46 cemetery $96.13 Disinterment (child) including burial at another $807.27 location in the same cemetery $140.91 Disinterment (child) including reburial at same $724.31 rave or different cemetery Disinterment (infant / cremation) including $348.97 reburial at another location in the same cemetery Disinterment (infant / cremation) including $238.36 reburial at same grave or different cemetery 5. HOLIDAY AND OTHER SURCHARGES 1 • Rate (does not include applicable taxes) 'Interment on Saturday, Sunday and Statutory $396.39 Holidays fee is additional Disinterment for double depth burial (fee is $255.48 additional Rental for lowering Device, set up and dressing $96.13 Provincial License Fee (except for cremation $10.00 Cremation Interment on Saturday, Sunday and $140.91 Statutory Holidays fee is additional 1 • ATTACHMENT NO. 1 MONUMFNT FOUNDATIONS AND SETTING MARKERS 7. TRANSFER Fee $22.40 PFRPFTl1Al _ CARE Rate (does not include applicable taxes Monument foundation flat fee $330.56 Flat Marker Foundations flat fee $200.18 Cremation / Baby Markers flat fee $84.27 Removal of Monuments $63.23 7. TRANSFER Fee $22.40 PFRPFTl1Al _ CARE 0 -7 Rate (does not include applicable taxes) Headstone Maintenance $100.00 Footstone Maintenance $50.00 0 -7 ATTACHMENT NO. 2 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON SCHEDULE "A" TO BY -LAW 2012 -061 CEMETERIES - PROPOSED TARIFF OF RATES - 2015 SALE OF PLOTS Type of Lot Dimension Bowmanville Dimension Bondhead 40% Perpetual Care Rate Rate (does not include applicable taxes) Single 3'X 9' TX 9' $591.83 $1,555.00 Bab land 1.5 'X 3' 1.5'X 3' 1 No Charge Cremation 2'X 2' 2'X 2' $207.14 $520.00 2. SALE OF CREMATION NICHES Columbarium Niche Size 15 % Perpetual Care Rate Rate (does not include applicable taxes) Single (including 12" X 12" X.12" $177.55 $1,245.00 Plaque) $310.00 Niche Wall $155.00 Double (including 12" X 12" X 12" $266.32 $1,775.00 Plaque) Disinterment (child) including reburial at same $760.00 INTERMENT 4. DISINTERMENT CHARGES Rate (does not include applicable taxes) Adult — Single Depth $815.00 Adult— Double Depth $1,020.00 Infant / Child No Charge Cremation $310.00 Niche Wall $155.00 4. DISINTERMENT CHARGES 5. HOLIDAY AND OTHER SURCHARGES Rate (does not include applicable Interment on Saturday fee is additional taxes) Disinterment (adult) including reburial at the $1,350.00 same location or at another location in the same $270.00 cemetery $100.00 Disinterment (adult) for burial at another $1,140.00 cemetery Disinterment (child) including burial at another $850.00 location in the same cemetery Disinterment (child) including reburial at same $760.00 rave or different cemetery Disinterment (infant / cremation) including $365.00 reburial at another location in the same cemetery Disinterment (infant / cremation) including $250.00 reburial at same grave or different cemetery 5. HOLIDAY AND OTHER SURCHARGES 1 Rate (does not include applicable taxes) Interment on Saturday fee is additional $265.00 Interment on Sunday and Statutory Holidays (fee is additional $415.00 Disinterment for double depth burial (fee is additional $270.00 Rental for lowering Device, set up and dressing $100.00 Provincial License Fee subject to change) $12.00 1 ATTACHMENT NO. 2 MONUMENT FOUNDATIONS AND SETTING MARKERS 7. TRANSFER Fee $25.00 PERPETUAL CARE Rate (does not include applicable taxes Monument foundation flat fee $345.00 Flat Marker Foundations flat fee $210.00 Cremation / Baby Markers flat fee $90.00, Removal of Monuments $65.00 7. TRANSFER Fee $25.00 PERPETUAL CARE 1 • Rate (does not include applicable taxes Headstone Maintenance $100.00 Footstone Maintenance $50.00 1 • ATTACHMENT NO. 3 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON SCHEDULE "A" TO BY -LAW 2012 -061 CEMETERIES - PROPOSED TARIFF OF RATES - 2016 SALE OF PLOTS Type of Lot Dimension Bowmanville Dimension Bondhead 40% Perpetual Care Rate Rate (does not include applicable taxes) Single TX 9' 3'X 9' $621.42 $1,630.00 Bab land 1.5 'X 3' 1.5 'X 3' 1 No Charge Cremation 2'X 2' 2'X 2' 1 $217.50 $545.00 .SALE OF CREMATION NICHES Columbarium Niche Size 15 % Perpetual Care Rate Rate (does not include applicable taxes) Single (including 12" X 12" X 12" $186.42 $1,305.00 Plaque) $325.00 Niche Wall $165.00 Double (including 12" X 12" X 12" $279.64 $1,865.00 Plaque) Disinterment (child) including reburial at same $800.00 INTERMENT 4. DISINTERMENT CHARGES Rate (does not include applicable taxes) Adult — Single Depth $855.00 Adult— Double Depth $1,070.00 Infant / Child No Charge Cremation $325.00 Niche Wall $165.00 4. DISINTERMENT CHARGES 5. HOLIDAY.AND OTHER SURCHARGES Rate (does not include applicable Interment on Saturday fee is additional taxes Disinterment (adult) including reburial at the $1,415.00 same location or at another location in the same . $280.00 cemetery $105.00 Disinterment (adult) for burial at another $1,200.00 cemetery Disinterment (child) including burial at another $890.00 location in the same cemetery Disinterment (child) including reburial at same $800.00 rave or different cemetery Disinterment (infant / cremation) including $385.00 reburial at another location in the same cemetery Disinterment (infant/ cremation) including $265.00 reburial at.same grave or different cemetery 5. HOLIDAY.AND OTHER SURCHARGES 10 -10 Rate (does not include applicable taxes Interment on Saturday fee is additional $280.00 Interment on Sunday and Statutory Holidays (fee is additional $435.00 Disinterment for double depth burial (fee is additional $280.00 Rental for lowering Device, set up and dressing $105.00 Provincial License Fee subject to change) $12.00 10 -10 ATTACHMENT NO. 3 MONUMENT FOUNDATIONS AND SETTING MARKERS 7. TRANSFER Fee $25.00 PERPETUAL CARE Rate (does not include applicable taxes Monument foundation flat fee $365.00 Flat Marker Foundations flat fee $220.00 Cremation / Baby Markers flat fee $95.00 Removal of Monuments $70.00 7. TRANSFER Fee $25.00 PERPETUAL CARE 10 -11 Rate (does not include applicable taxes) - Headstone Maintenance $100.00 Footstone Maintenance $50.00 10 -11 ATTACHMENT NO. 4 THE CORPORATION OF THE MUNICIPALITY-OF CLARINGTON SCHEDULE "A" TO BY -LAW 2012 -061 CEMETERIES - PROPOSED TARIFF OF RATES - 2017 SALE OF PLOTS Type of Lot Dimension Bowmanville Dimension Bondhead 40% Perpetual Care Rate Rate (does not include applicable taxes) Single TX 9' TX 9' $652.49 $1,715.00 Bab land 1.5 'X 3' 1.5 'X 3' 1 1 No Charge Cremation 2'X2' 2'X 2' $228.37 1 $570.00 2. SALE OF CREMATION NICHES Columbarium Niche Size 15 % Perpetual Care Rate Rate (does not include applicable taxes Single (including 12" X 12" X 12" $195.75 $1,370.00 Plaque) $345.00 Niche Wall $170.00 Double (including 12" X 12" X 12" $293.62 $1,960.00 Plaque) Disinterment (child) including reburial at same $840.00 INTERMENT 4. DISINTERMENT CHARGES Rate (does not include applicable taxes) Adult — Single Depth $900.00 Adult— Double Depth $1,125.00 Infant / Child No Charge Cremation $345.00 Niche Wall $170.00 4. DISINTERMENT CHARGES HOLIDAY AND OTHER SURCHARGES Rate (does not include applicable, Interment on Saturday fee is additional taxes Disinterment (adult) including reburial at the $1,485.00 same location or at another location in the same $295.00 cemetery $110.00 Disinterment (adult) for burial at another $1,260.00 cemetery Disinterment (child) including burial at another $935.00 location in the same cemetery Disinterment (child) including reburial at same $840.00 rave or different cemetery Disinterment (infant / cremation) including $405.00 reburial at another location in the same cemetery Disinterment (infant / cremation) including $275.00 reburial at same grave or different cemetery HOLIDAY AND OTHER SURCHARGES 10 -12. Rate (does not include applicable taxes Interment on Saturday fee is additional $295.00 Interment on Sunday and Statutory. Holidays (fee is additional $460.00 Disinterment for double depth burial (fee is additional $295.00 Rental for lowering Device, set up and dressing $110.00 Provincial License Fee subject to change). $12.00 10 -12. ATTACHMENT NO. 4 MONUMENT FOUNDATIONS AND SETTING MARKERS 7. TRANSFER Fee $25.00 PERPETUAL CARE Rate (does not include applicable taxes) Monument foundation flat fee $385.00. Flat Marker Foundations flat fee $230.00 Cremation / Baby Markers flat fee $100.00 Removal of Monuments $75.00 7. TRANSFER Fee $25.00 PERPETUAL CARE 10 -13 Rate (does not include applicable taxes) Headstone Maintenance $100.00 Footstone Maintenance $50.00 10 -13 ATTACHMENT NO. 5 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON SCHEDULE "A" TO BY -LAW 2012 -061 CEMETERIES - PROPOSED TARIFF OF RATES - 2018 SALE OF PLOTS Type of Lot Dimension Bowmanville Dimension Bondhead 40% Perpetual Care Rate Rate (does not include applicable taxes) Single 3'X 9' 3'X 9' $685.11 $1,800.00 Bab land 1.5'X 3' 1 1.5 'X 3' 12" X 12" X 12" No Charge Cremation 2'X 2' 1 2'X 2' $239.79 $600.00 2. SALE OF CREMATION NICHES Columbarium Niche Size 15 % Perpetual Care Rate Rate (does not include applicable taxes) Single (including 12" X 12" X 12" Infant / Child $1,440.00 Plaque) $360.00 $205.53 $180.00 Double (including 12" X 12" X 12" $308.30 $2055.00 Plaque) Disinterment (child) including reburial at same $880.00 3. INTERMENT 4. DISINTERMENT CHARGES Rate (does not include applicable taxes) Adult — Single Depth $945.00 Adult — Double Depth $1,180.00 Infant / Child No Charge Cremation $360.00 Niche Wall $180.00 4. DISINTERMENT CHARGES 5. HOLIDAY AND OTHER SURCHARGES Rate (does not include applicable Interment on Saturday fee is additional taxes) Disinterment (adult) including reburial at the $1,560.00 same location or at another location in the same $310.00 cemetery $115.00 Disinterment (adult) for burial at another $1,320.00 cemetery Disinterment (child) including burial at another $980.00 location in the same cemetery Disinterment (child) including reburial at same $880.00 rave or different cemetery Disinterment (infant/ cremation) including $425.00 reburial at another location in the same cemetery Disinterment (infant / cremation) including $290.00 reburial at same grave or different cemetery 5. HOLIDAY AND OTHER SURCHARGES 10 -14 Rate (does not include applicable taxes) Interment on Saturday fee is additional $310.00 Interment on Sunday and Statutory Holidays (fee is additional $480.00 Disinterment for double depth burial (fee is additional $310.00 Rental for lowering Device, set up and dressing $115.00 Provincial License Fee subject to change)____ $12.00 10 -14 ATTACHMENT NO. 5 MONUMENT FOUNDATIONS AND SETTING MARKERS 7. TRANSFER Fee $30.00 PERPETUAL CARE Rate (does not include applicable taxes) Monument foundation flat fee $400.00 Flat Marker Foundations flat fee $245.00 . Cremation / Baby Markers flat fee $105.00 Removal of Monuments $75.00 7. TRANSFER Fee $30.00 PERPETUAL CARE 10 -15' Rate (does not include applicable taxes) Headstone Maintenance $100.00 Footstone Maintenance $50.00 10 -15' Cz,E'alti V49 V�ii� Finance Department Report Public Meeting If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905 - 623 -3379 ext. 2102. Report To: General Purpose and Administration Committee Date of Meeting: May 4, 2015 Report Number: File Number: FN D- 007 -15 Department File# By -law Number: Report Subject: DEVELOPMENT CHARGES STUDY AND BY -LAW Recommendations: 1. That the Development Charges Background Study, April 2015, prepared by Hemson Consulting Ltd. be approved and the development - related capital program included therein be adopted, subject to annual review through the Municipality's normal capital budget process; 2. That the Development Charges quantum for both Residential and Non - Residential charges be approved as follows, subject to annual indexing: July 1, 2015 Residential Single, Semi and Link $15,702 (per unit) Multiple Unit Building $12,139 Apartment $ . 7,512 Non - Residential Commercial and Institutional $64.93 (per square metre) Industrial $35.24 3. That Council in approving the Background Study, expresses its intent to ensure that the increase in the need for services attributable to the anticipated development will be met and that any future excess capacity identified in the Study will be paid for by development charges or other similar charges. 4. That for completed applications as determined by the Chief Building Official have been received on or before June 30, 2015 and (where the development charges have been paid by June 30, 2015) that the applicable development charges be calculated based on By -Law 2010 -108. 5. That the By -Law attached to Report FND- 007 -15 as Attachment "A" be recommended to Council for approval to repeal and replace By -Law 2010 -108; 6. That the Region of Durham and recorded interested parties be provided a copy of Report FND- 007 -15 and be notified of Council's decision; 15 -1 Municipality of Clarington Report FND- 007 -15 Page 2 7. That Roy Nichols Motors Ltd. be advised that an exemption to the development charges for a second story addition is not feasible at this time; and 8. That 2117416 Ontario Limited and Airco Investments Ltd. be advised that no exemption will be extended to their lands. 15 -2 Municipality of Clarington Resort FND- 007 -15 Report Overview e3 The purpose of this report is to comply with the provisions of the Development Charges Act, to obtain Council approval of a new Development Charges Background Study and By -law to establish new Development Charge fees upon expiry of the existing By -law. 1.0 The 2010 Development Charges 1.1 On May 17, 2010, Council adopted the existing development charges with the approval of FND- 013 -10 and the accompanying By -law 2010 -108. This By -law, by statute expires after five years or July 1, 2015. Consequently, Council authorized staff to undertake a new background study as required under the Development Charges Act. 1.2 The legislation only allows calculation of a charge based on the historical average service levels of the past 10 years. The legislation does not permit the use of development charges to increase the service levels in any category. If the allowable permitted calculated charge under the legislation is not used, the shortfall is transferred to the tax base and the historic average is eroded, such that in the future less development charges can be recoverable. 2.0 The 2015 Development Charges Study 2.1 Staff from all Departments and the Library worked diligently, as a Steering Committee with Craig Binning of Hemson Consulting Ltd., to bring forward the background study April 2015. In addition, staff were very pleased that representatives from the Clarington Board of Trade, the Durham Homebuilders Association and the local chapter of BILD participated on the steering committee. The result of the analysis was to produce a revised development charge by -law that reflects the services required to support the projected new development over the next 10 years to 2024 for general services and 17 years to 2031 for the engineered service of roads and related. 2.2 The background study introduction provides an overview of the areas of focus in this report. The areas of particular emphasis were the growth forecast, the identified capital projects, the proposed new policies and the inclusion of local service definitions. 3.0 Non - Residential Charge 3.1 The calculated non - industrial, non - residential charge of $64.93 per square metre of gross floor area represents less than a one percent increase over the Municipality's currently imposed non - industrial charge of $64.78 per square metre. The calculated 15 -3 Municipality of Clarington Report FND- 007 -15 Page 4 industrial charge of $35.24 per square metre represents a 7 percent increase over Clarington's current industrial charge of $32.95. Recommended exemptions can be found in Section 8 of this report. 4.0 Residential Charge 4.1 The residential charge being recommended ($15,702) is an increase of 12 percent over the current charge as amended to reflect the Ontario Municipal Board decision indexed to 2015 dollars ($14,059). This is an estimate that still requires OMB approval. It is also worthy of note from a comparative perspective, that the newly calculated rates are a reduction from the rates currently being levied prior to application of the final OMB decision ($15,798). 5.0 Tax Impact 5.1 The existing taxpayer picks up any shortfall for the cost of growth related services which is not collected through the development charge. Page 38 of the background study identifies the impact on the tax base both from net operating costs relating to new facility infrastructure and required capital financing from non - development charge sources where 100 percent of the project cost is not permitted to be funded from development charges. 5.2 The existing taxpayer also must fund the cost of any incentives provided. Paragraph 3 of Subsection 5(6)of the Development Charges Act states "if the Development Charges by -law will exempt a type of development ... or otherwise provide for a type of development to have a lower development charge than is allowed, the rules for determining development charges may not provide for any resulting shortfall to be made up through higher development charges for other development." 6.0 Meeting with Developers 6.1 Staff and the Municipality's consultant met with the development community on March 24th, 2015 to provide an overview of the background study, the methodology applied in the development charge calculation and to provide an opportunity for questions to be answered. The meeting was set up over and above the requirements of the Development Charges Act and in addition to the scheduled public meeting for May 4th 2015. The meeting was advertised through multiple avenues and was very well received and well attended. 15 -4 Municipality of Clarington Resort FND- 007 -15 7.0 Public Meeting Page 5 7.1 ' A public meeting is being held pursuant to Section 12 of the Development Charges Act, 1997 on May 4, 2015, at the commencement of the same General Purpose and Administration Committee meeting where Committee is receiving this report. Public notices were advertised in local newspapers and posted on the Municipality's website. 7.2 Should Council wish to consider amendments to the By -law and Background Study based on either communications or delegations at the public meeting or by Committee request, it is suggested that an addendum report be requested to specifically address issues raised that would be provided to Council for consideration at its meeting of May 11, 2015. 8.0 Exemptions and Refunds 8.1 There are some exemptions and refund provisions in the proposed Development Charges By -law. These are detailed in Sections 21 to Section 40 of the proposed Development Charges By -law. Included in the proposed exemptions are: revitalization areas, agricultural development, certain public buildings, contaminated sites, historic downtown redevelopments, research laboratory exemptions and places of worship. These are broad ranging exemptions intended to promote and support specific identifiable objectives. 8.2 Changes to exemptions and refunds from the previous By -law primarily relate to the removal of medical offices (that are not already in progress), the deletion of charitable organizations, the removal of hotels and the removal of LEEDS — certified industrial buildings. 8.3 Enhanced exemptions are focused around an expansion to the existing industrial exemption, an exemption for new industrial development, transit hub exemption, incentives for small business expansion and partial exemption for multi -story mixed use and mid -rise residential development in defined revitalization areas. 9.0 Future Potential Exemptions 9.1 As the Development Charges By -law is reviewed at least every 5 years, exemptions and incentives not producing the results anticipated can be enhanced, modified or eliminated. If an exemption is producing unintended results, amendments can be made during the life of the By -law. Additionally Planning Services is in the midst of a study of Greening Neighbourhoods which includes an examination of potential suitable incentive mechanisms. 15 -5 Municipality of Clarington Report FND- 007 -15 M 9.2 Development Charge exemptions are imperfect tools to achieve some desired goals. While development charge exemptions are a type of incentive that the Municipality can provide they are not the only incentive. In some cases the provision of a grant along with the attendant rules that the Municipality can impose are more successful tools for accomplishing specific goals. 10.0 Exemption Where Permits Applied For 10.1 The effective date of change in the quantum is recommended as July 1St, 2015. It is recommended that building permit applications that are in on or before June 30th and are complete will not be subject to the new By -law. The increase in the charge is imposed at the time of issue of the building permit and so a specific resolution has been added to this report. 11.0 Communications Received 11.1 Some communications have been received in advance of the official public meeting due to public consultation undertaken to date. Each are itemized below including staff recommendations in addressing the issues identified. Roy Nichols Motors Ltd. 11.2 Please see the attached letter from Gary Dalby of Roy Nichols Motors Ltd. (Attachment "B "). Subsequent to receipt of the letter, staff from Finance and Planning met with Mr. Dalby. The issue pertains to an order from the Committee of Adjustment to remove - trailers currently on site. Roy Nichols Motors Ltd. were looking to resolve the trailer issue in conjunction with a proposed single storey expansion. The request was to consider some method to exempt development charges for a second storey designed to address the removal of the trailers where customers' tires are stored in the off season. 11.3 Under the existing and proposed Development Charges By -law, there are no exemptions for standard commercial activity. (Currently staff are proposing an exemption for small businesses, less than 250 square metres). At this time, staff are unable to recommend an exemption as it would have far reaching implications for other commercial properties and ultimately affect the ability of the Municipality to meet the capital program needs. Also, as noted in Section 5.2 of this report, any incentives must be funded from non - development charge sources, such as tax levy. As a result, recommended exemptions are very specifically targeted to generate certain types of activity. 11.4 Verbally, staff were advised that Roy Nichols Motors Ltd. will likely proceed with the single storey addition only at this time. 15 -6 Municipality of Clarington Report FND- 007 -15 Page 7 1459 and 1963 Highway 2, Courtice 11.5 2117416 Ontario Limited and Airco Investments Ltd. (Durham Custom Homes) are the owners of lands at 1459 and 1963 Highway 2. These lands are on the south side of Durham Highway 2 in Courtice, west of the Farewell Creek and Tooley's Mill Park. They have zoning for apartments up to 12, 9 and 7 stories in height. It is their intent to submit a development application in the near future which includes a number of apartment and mixed -use buildings 6 -8 stories in height. A total of 411 apartment condominium and rental units would be included. 11.6 Durham Custom Homes' planning consultant, Weston Consulting, requested a similar exemption to the type of exemption that currently exists for apartment buildings within Town Centres (Attachment "C "). They noted in particular the increased costs for masonry construction and underground parking, the similarity to the form of development with that anticipated in Town Centres, the lack of comparable projects of this scale in Clarington and the need for collaboration and incentives to make this project a reality. 11.7 Through the Development Charges Study, staff reviewed existing incentives and provided much more focused incentives than the previous Town Centre incentive. For example, the highest density should be around the Bowmanville Transit Hub. Incentives are provided here to encourage higher densities than built to date. The Courtice Town Centre is no longer included. 11.8 Revitalization Areas incentives are identified, including those in Courtice. These areas are lands that are currently developed on primarily smaller, residential lots; vacant sites have not been included. Revitalization Area incentives included incentives for mixed - use buildings and apartment buildings. The above - referenced lands were not included in the Revitalization Area because they were larger vacant parcels. 11.9 In the future, a Community Improvement Plan will be prepared for the Courtice Main Street. At that time, potential development incentives could be considered that would be applicable to this site. 12.0 Concurrence 12.1 This report has been reviewed by Andrew Allison, Municipal Solicitor and David Crome, Director of Planning Services, who concur with the recommendations. 13.0 Conclusion 14.0 Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan. 15 -7 Municipality of Clarington Report FND- 007 -15 Submitted by Nancy T016r, 13131I; CPA, CA Director of Finance/Treasurer Page 8 Reviewed b �� Y Franklin Wu, Chief Administrative Officer Staff Contact: Nancy Taylor, Director of Finance, 905 - 623 -3379 ext. 2601 or ntaylor @clarington.net Attachments: Attachment "A" — Proposed By -law 2015 -035 Attachment "B" — Communications from Roy Nichols Motors Ltd. Attachment "C" — Communications from Weston Consulting Attachment "D" — Development Charges Background Study (provided under separate cover) The following is a list of the interested parties to be notified of Council's decision: Region of Durham Finance Department The Building Industry and Land Development (BILD) Clarington Board of Trade Durham Homebuilders Association Roy Nichols Motors Ltd. Weston Consulting NT /AA/DJ C /hj I 15 -8 Attachment "A" to Report FND- 007 -15 If this by -law is required in an alternate accessible format, please contact the Municipal Clerk at 905 - 623 -3379 ext. 2102. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW NO. 2015 -035 to impose development charges against land in the Municipality of Clarington pursuant to the Development Charges Act, 1997 WHEREAS subsection 2(1) of the Development Charges Act, 1997, S.O. 1997, c.27 provides that the council of a municipality may by by -law impose development charges against land to pay for increased capital costs required because of increased needs for services arising from the development of the area to which the by -law applies. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ENACTS AS FOLLOWS: Part 1 — Interpretation Definitions 1. In this by -law, "accessory", where used to describe a building or structure, means that the building or structure or part thereof that is naturally and normally incidental,_ subordinate in purpose or floor area or both, and exclusively devoted to a principal use, building or structure; "Act" means the Development Charges Act, 1997, S.O. 1997, c.27; "air- supported structure" has'the same meaning as in the Building Code Act, 1992; "apartment building" means (a) a residential building (other than a fourplex or sixplex) containing 4 or more dwelling units that have a common entrance to grade, common corridors, stairs and /or yards; and (b) the residential portion of a mixed - use building containing 4 or more dwelling units that are located above a non - residential use and may have a separate entrance to grade; "building" means a building or structure that occupies an area greater than 10 square metres consisting of a wall, roof and floor or a structural system serving the function thereof, and includes an air - supported structure; "Building Code Act, 1992" means the Building Code Act, 1992, S.O. 1992, c.23 and all Regulations thereunder including the Ontario Building Code, 2012; 15 -9 Development Charges By -law No. 2015 -035 Pace 12 "Council" means Council of the Municipality; "development" means any activity or proposed activity in respect of land that requires one or more of the actions 'or decisions referred to in section 12 and includes redevelopment; "development charge" means a development charge imposed by this by -law; "duplex" means a residential building containing 2 dwelling units divided horizontally from each other; "dwelling unit" means one or more habitable rooms designed or intended to be used together as a single and separate housekeeping unit by one or more persons, containing its own full kitchen and sanitary facilities, with a private entrance from outside the unit itself; "fourplex" means a pair of duplexes divided vertically from the other by a common wall; "floor" includes a paved, concrete, wooden, gravel or dirt floor; "grade" means the average level of the proposed finished surface of the ground immediately abutting each building or mixed -use building at all exterior walls; "gross floor area" means the total area of all floors, whether above or below grade, measured between the outside surfaces of exterior walls, or between the outside surfaces of exterior walls and the centre line of a party wall or a demising wall as the case may be, including mezzanines, air - supported structures, interior corridors, lobbies, basements, cellars, half- stories, common areas, and the space occupied by interior walls or partitions, but excluding any areas used for, (a) elevators, parking of motor vehicles, retail gas pump canopies and stairwells; and (b) enclosed garbage storage, grocery cart storage, and mechanical equipment related to the operation or the maintenance of the building irrespective of whether such areas are in the main building or in an accessory building; "heritage building" means a building designated under section 29 of the Ontario Heritage Act, R.S.O. 1990, c. 0.18 and, for purpose of subsection 36(7), includes any building identified as "primary resource" in the registry maintained by the Municipality pursuant to section 28 of such Act; "industrial", in reference to use, means any land, building or structure or portions thereof used, designed or intended for or in connection with manufacturing, 15 -10 Development Charges By -law No. 2015 -035 P a (i eP 13 producing, processing, fabricating, assembling, refining, medical marijuana facilities, research and development, storage of materials and products, truck terminals, warehousing, but does not include, (a) retail service sales or rental areas, storage or warehousing areas used, designed or intended to be used in connection with retail sales, service or rental areas, warehouse clubs or similar uses, self- storage mini warehouses, and secure document storage; and (b) office areas that are not accessory to any of the foregoing areas or uses or accessory office uses that are greater than 25% of the gross floor area of the building; "linked building" means a residential building that is divided vertically so as to contain only two separate dwelling units, connected underground by footing and foundation, each of which has an independent entrance directly from the outside of the building and is located on a separate lot; "lot" means a parcel of land within a registered plan of subdivision or any land that may be legally conveyed under the exemptions provided in clause 50(3)(b) or 50(5)(a) of the Planning Act; "medical marijuana facility" means a building used, designed or intended for growing, producing, testing, destroying, storing or distribution of medical marijuana or cannabis authorized by a license issued by the federal Minister of Health pursuant to section 25 of the Marihuana for Medical Purposes Regulations, SOR/2013 -119, under the Controlled Drugs and Substances Act, S.C. 1996, c.19; "mezzanine" has the same meaning as in the Building Code Act, 1992; "mixed -use building" means a building used, designed or intended to be used either for a combination of non - residential and residential areas and uses, or for a combination of different classes or types of non - residential areas and uses; "mobile home" means a dwelling unit that is designed to be made mobile, and constructed or manufactured to provide a permanent or temporary residence for one or more persons, but does not include a travel trailer or tent trailer; "multiple unit building" means a residential building or the portion of a mixed -use building that contains multiple dwelling units (other than dwelling units contained in an ' apartment building, linked building, semi - detached building or single detached dwelling) and includes plexes, townhouses and stacked townhouses; "Municipality" means The Corporation of the Municipality of Clarington or the geographic area of the Municipality of Clarington, as the context requires; 15 -11 Development Charges By -law No. 2015 -035 P a 4, "non- residential ", in reference to use, means a building or portions of a mixed -use building containing floors or portions of floors which are used, designed or intended to be used for a purpose which is not residential, and includes a hotel, motel and a retirement residence; "owner" means the owner of land or a person who has made application for an approval for the development of land against which a development charge is imposed; "party wall" means a wall jointly owned and jointly used by 2 parties under an easement agreement or by right in law and erected on a line separating 2 parcels of land each of which is, or is capable of being, a separate lot; "Planning Act" means the Planning Act, R.S.O. 1990, c. P.13; "plex" means a duplex, triplex, fourplex or sixplex; "residential ", in reference to use, means a building or a portion of a mixed -use building and floors or portions of floors contained therein that are used, designed or intended to be used as living accommodation for one or more individuals provided in dwelling units and any building accessory to such dwelling units; "retirement residence" means a residential building or the residential portion of a mixed -use building that provides living accommodation, where common facilities . for the preparation and consumption of food are provided for the residents of the building, and where each unit or living accommodation has separate sanitary facilities, less than full kitchen facilities and a separate entrance from a common corridor; "semi- detached building" means a residential building that is divided vertically so as to contain only two separate dwelling units, each of which has an independent entrance directly from outside of the building; "service" means a service designated by section 10; "single- detached dwelling" means a residential building containing only one dwelling unit which is not attached to any other building or structure except its own garage or shed and has no dwelling units either above it or below it, and includes a mobile home; " sixplex" means. a pair of triplexes divided vertically one from the other by a common wall; "stacked townhouse" means a building, other than a plex, townhouse or apartment building, that contains at least 3 attached dwelling units that (a) are joined by 15 -12 Development Charges By -law No 2015 -035 P _a_g e j 5 common side walls with dwelling units entirely or partially above another; and (b) have a separate entrance to grade; "townhouse" means a building, other than a plex, stacked townhouse or apartment building, that contains at least 3 attached dwelling units, each of which (a) is separated from the others vertically; and (b) has a separate entrance to grade; "triplex" means a residential building containing 3 dwelling units; and "Zoning By -laws" means the Municipality's By -law No. 84 -63 and By -law No. 2005- 109. References 2. In this by -law, reference to any Act, Regulation, Plan or By -Law is reference to the Act, Regulation, Plan or By -Law as it is amended or re- enacted from time to time. 3. Unless otherwise specified, references in this by -law to Schedules, Parts, sections, subsections, clauses and paragraphs are to Schedules, Parts, sections, subsections; clauses and paragraphs in this by -law. Word Usage 4. This by -law shall be read with all changes in gender or number as the context may require. 5. In this by -law, a grammatical variation of a defined word or expression has a corresponding meaning. Schedules 6. The following Schedules are attached to and form part of this by -law: Schedule 1 — Residential Development Charges Schedule 2 — Non - Residential Development Charges Schedule 3A — Clarington Energy Business Park Schedule 3B — Clarington Science and Technology Park Schedule 4A — Revitalization Area — Newcastle Village Schedule 4B — Revitalization Area — Orono Schedule 4C — Revitalization Area — Bowmanville Schedule 4D — Revitalization Area — Courtice Schedule 4E — Jury Lands Severability 7. If, for any reason, any section or subsection of this by -law is held invalid, it is hereby 15 -13 Development Charges By -law No. 2015 -035 Pace 16 declared to be the intention of Council that all the remainder of this by -law shall continue in full force and effect until repealed, re- .enacted or amended, in whole or in part or dealt with in any other way. Part 2 — Development Charges Designated Services 8. It is hereby declared by Council that all development in the Municipality will increase the need for services. 9. Development charges shall apply without regard to the services which in fact are required or are used by any individual development. 10. Development charges shall be imposed for the following categories of service to pay for increased capital costs required because of increased needs for services arising from development: (a) General Government; (b) Library Services; (c) Emergency and Fire Services; (d) Indoor Recreation; (e) Park Development and Related Facilities; (f) Operations (Buildings, Equipment and Fleet); (g) Parking; and (h) Roads and Related. :211 C-M 11. For the purpose of complying with section 6 of the Act, the following rules have been developed: (a) The rules for determining if a development charge is payable in any particular case and for determining the amount of the charge shall be in accordance with sections 12 through 19. (b) The rules for determining the indexing of development charges shall be in accordance with section 20. (c) The rules for determining exemptions shall be in accordance with Parts 3 and 4 (sections 21 through 35). (d) The rules respecting redevelopment of land shall be in accordance with Part 5 (sections 36 through 40). 15 -14 Development Charges By -law No. 2015 -035 P @ c e 1? (e) . This by -law does not provide for any phasing in of development charges. (f) This by -law applies to all lands in the Municipality. Imposition of Development Charges 12. Development charges shall be imposed on all land, buildings or structures that are developed if the development requires, (a) the passing of a zoning by -law or of an amendment thereto under section 34 of the Planning Act; (b) the approval of a minor variance under section 45 of the Planning Act; (c) a conveyance of land to which a by -law passed under subsection 50(7) of the Planning Act applies;, (d) the approval of a plan of subdivision under section 51 of the Planning Act; (e) a consent under section 53 of the Planning Act; (f) the approval of a description under section 50 of the Condominium Act, 1998, S.O. 1998, c.19; or (g) the issuing of a permit under the Building Code Act, 1992 in relation to a building or structure. 13. Not more than one development charge for each service shall be imposed upon any land, building or structure whether or not two or more of the actions or decisions referred to in section 12 are required before the land, building or structure can be developed. 14. Notwithstanding section 13, if two or more of the actions or decisions referred to in section 12 occur at different times, additional development charges shall be imposed in respect of any increase in or additional development permitted by the subsequent action or decision. Basis of Calculation 15. Development charges shall be calculated, (a) in the case of residential buildings and the residential portions of mixed -use buildings, on the basis of the number and type of dwelling units contained in them; and 15 -15 Development Charges By -law No. 2015 -035 P a g e ,-J 8 (b) in the case of non - residential buildings and the non - residential portion of mixed -use buildings, on the basis of the gross floor area contained in the non- residential building or in the non - residential portion of the mixed -use building. Amount 16. (1) The amount of the development charges payable in respect of residential development shall be determined in accordance with clause 15(a) and Schedule 1. (2) The amount of the development charges payable in respect of non- residential development shall be determined in accordance with clause 15(b) and Schedule 2. Timing of Calculation and Payment 17. (1) Subject to subsections (2) and (3), development charges shall be calculated as of, and shall be payable on, the date the first building permit is issued for the development of the land against which the development charges apply. (2) If the development of land is such that it does not require that a building permit be issued before the development is commenced, but the development requires one or more of the other actions or decisions referred to in section 12 be taken or made before the development is commenced, development charges shall be payable in respect of any increase in or additional development permitted by such action or decision prior to the action or decision required for the increased or additional development being taken or made. (3) In accordance with section 27 of the.Act, where temporary buildings (section 28) or apartment buildings having a minimum of 3 stories are being developed, the Municipality may enter into an agreement with a person who is required to pay a development charge providing for all or any part of a development charge to be paid after it would otherwise be payable. Method of Payment 18. Payment of development charges shall be by cash or cheque. Unpaid Charges 19. Where a development charge or any part of it remains unpaid at any time after it is payable, the amount shall be added to the tax roll and collected in the same manner as taxes. 15 -16 Development Charges By -law No. 2015 -035 P Indexing 20. The development charges set out in Schedules 1 and 2 shall be adjusted without amendment to this by -law annually on January. 15th in each year, commencing on January 15, 2016, in accordance with the Statistics Canada Quarterly, Construction Price Statistics (catalogue number 62 -007) based on the 12 month period most recently available. Part 3 - Exemptions Specific Users 21. Development charges shall not be imposed with respect to land, buildings or structures that are owned by, (a) a hospital as defined in section 1. of the Public Hospitals Act, R.S.O. 1990, c. PAO and used, designed or intended for the purposes set out in such Act; (b) the Municipality, the Corporation of the Regional Municipality of Durham, or their local boards as defined in section 1 of the Act and used, designed or intended for municipal purposes; (c) a board of education as defined in subsection 1(1) of the Education Act, 1997, S.O. 1997, c.27 and used, designed or intended for school purposes including the administration or the servicing of schools; and (d) a college or a university as defined in section 171.1 of the Education Act, R.S.O. 1990, c. E.2 and used, designed or intended for purposes set out in such Act. Specific Properties 22. Buildings that are or will be located either in the Clarington Science Park or the Clarington Energy Park (as shown in Schedule 3) are exempt from development charges if the owner can provide evidence satisfactory to the Director of Finance that the building will be used for research purposes including laboratories, offices, amenity areas and service areas for staff who conduct research. Existing Residential 23. Development charges shall not be imposed with respect to residential development if the only effect of such development is, (a) an interior alteration to an existing residential building which does not change or intensify the use of the building; 15 -17 Development Charges By -law No. 2015 -035 P a C! e 110 (b) the enlargement of an existing dwelling unit; (c) the creation of one or two additional dwelling units in an existing single detached dwelling where the total gross floor area of the additional unit(s) does not exceed the original gross floor area of the existing dwelling unit; or (d) the creation of one additional dwelling unit in a semi - detached building or townhouse dwelling where the total gross floor area of the additional unit does not exceed the original gross floor area of the existing dwelling unit. Agricultural Development 24. (1) In this section, "agricultural ", in reference to use, means land, buildings or structures used, designed or intended to be used solely for an "agricultural operation" as defined in section 1 of the Farm and Food Production Protection Act, 1998, S.0.1 998, c.1 but does not include medical marijuana facilities; "agri- tourism" has the same meaning as in Zoning By -law 2005 -109; and "farm bunkhouse" means a dwelling unit that is constructed on land zoned agricultural ( "A ") in a Zoning By -law and is used, designed or intended to be used exclusively to provide seasonal, interim or occasional living accommodation to farm labourers. (2) Land, buildings or structures used, designed or intended for agricultural purposes or for agri- tourism are exempt from development charges. (3) Farm bunkhouses are exempt from development charges provided there is an existing dwelling unit on the same lot. Places of Worship 25. (1) In this section, "place of worship" means a building or structure or part thereof that is used primarily for worship and is exempt from taxation as a place of worship under the Assessment Act, R.S.O. 1990, c. A.31. (2) Places of worship are exempt from non - residential development charges. Garden Suites 26. (1) In this section, "garden suite" means a one unit detached residential structure containing bathroom and full kitchen facilities that is (a) ancillary to an 15 -18 Development Charges By -law No 2015 -035 P a g e 111 existing residential structure; (b) designed to be portable; and (c) for purposes of section 16, considered to be a dwelling unit in an apartment building. (2) The development charges paid in regard to a garden suite shall be refunded in full to the then current owner of the garden suite, upon request, if the garden suite is demolished or removed within the period of time that Council has authorized its temporary use. Medical Offices 27. (1) Buildings or portions thereof that are used, designed or intended to be used exclusively as professional offices by medical practitioners licensed by the College of Physicians and Surgeons of Ontario and ancillary facilities related to the delivery of services by medical practitioners are exempt from development charges. (2) Subsection (1) shall only apply to development in respect of which an application referred to in section 12 has been received by the Municipality prior to July 1, 2015. Temporary Buildings 28. (1) In this section, "temporary building" means a building or structure constructed, erected or placed on land for a continuous period not exceeding twelve months and includes an addition or alteration to a building or structure that has the effect of increasing the gross floor area thereof for a continuous period not exceeding 12 months; and "sales office" means a building or structure constructed, erected or placed on land to be used exclusively by a realtor, builder, developer or contractor on a temporary basis for the sale, display and marketing of residential lots and dwellings within a draft approved subdivision or condominium plan. (2) Temporary buildings and sales offices are exempt from development charges. (3) If a temporary building remains for a continuous period exceeding 12 months, it shall be deemed not to be, or ever to have been, a temporary building, and the development charges thereby become payable. Existing Industrial Development 29. (1) In this section, "existing industrial building" has the same meaning as in subsection 1(1) of O. Reg. 82/98. For ease of reference, the current definition in 15 -19 Development Charges By -law No. 2015 -035 � a g e 112 the Regulation reads as follows: "existing industrial building" means a building used for or in connection with, (a) manufacturing, producing, processing, storing or distributing something, (b) research or development in connection with manufacturing, producing or processing something, (c) retail sales by a manufacturer, producer or processor of something they manufactured, produced or processed, if the retail sales are at the site where the manufacturing, production or processing takes place, (d) office or administrative purposes, if they are, (i) carried out with respect to manufacturing, producing, processing, storage or distributing of something, and (ii) in or attached to the building or structure used for that manufacturing, producing, processing, storage or distribution; (2) If a development includes the enlargement of the gross floor area of an existing industrial building, the amount of the development charge that is payable in respect of the enlargement is determined in accordance with this section. (3) If the gross floor area is enlarged by 100 per cent or less; the amount of the development charge in respect of the enlargement is zero. (4) If the gross floor area is enlarged by more than 100 per cent, the amount of the development charge in respect of the enlargement is the amount of the development charge that would otherwise be payable multiplied by the fraction determined as follows: 1. Determine the amount by which the enlargement exceeds 100 per cent of the gross floor area before the enlargement. 2. Divide the amount determined under paragraph 1 by the amount of the enlargement. (5) The exemption provided in this section shall apply equally to a separate (non- contiguous) industrial building constructed on the same lot as an existing industrial building. 15 -20 Development Charges By -law No 2015 -035 P a q e 113 New Industrial Development 30. The amount of the development charge payable in respect of a new industrial building is 50% of the amount that would otherwise be payable. Transit Hub Mid -Rise Development 31. (1) This section only applies to lands within the Bowmanville West Town Centre Secondary Plan. (2) In order to incent development at a higher density in a transit hub, the amount of the development charge payable in respect of apartment buildings and mixed -use buildings that are 6 or more stories is 50% of the amount that would otherwise be payable, provided that in the case of an apartment building the density exceeds 100 units per hectare. Part 4 - Revitalization Areas Incentives 32. Council has identified specific areas in Newcastle Village (Schedule 4A), Orono (Schedule 413), Bowmanville (Schedule 4C) and Courtice (Schedule 4D) as Revitalization Areas. In order to incent development, sections 33, 34 and 35 and subsection 36(7) apply to these Revitalization Areas only. Small Business Expansion 33. (1) In this section, "existing commercial building" means an existing non- residential building that, (a) is not used, designed or intended for any industrial use; (b) has a gross floor area of less than 250 square metres; and (c) is located on land that is zoned commercial ( "C ") in a Zoning By -law. (2) If a development includes the enlargement of the gross floor area of an existing commercial building, the amount of the development charge that is payable in respect of the enlargement is determined in accordance with this section. (3) If the gross floor area is enlarged by 50 per cent or less, the amount of the development charge ,in respect of the enlargement is zero. (4) If the gross floor area is enlarged by more than 50 per cent, the amount of the development charge in respect of the enlargement is the amount of the 15 -21 Development Charges By -law No. 2015 -035 P r e X14 development charge that would otherwise be payable multiplied by the fraction determined as follows: 1. Determine the amount by which the enlargement exceeds 50 per cent of the gross floor area before the enlargement. 2. Divide the amount determined under paragraph 1 by the amount of the enlargement. Mixed -Use Buildings 34. (1) In this section, "multi -story mixed -use building" means a mixed -use building that has 2 or more stories and a ground floor gross floor area that is 50% or less of the total gross floor area. (2) The amount of the development charge payable in respect of a multi -story mixed -use building is 50% of the amount that would otherwise be payable. Mid -Rise Residential Development 35. If an apartment building or a retirement residence is 4 or more stories, the amount of the development charge payable is 50% of the amount that would otherwise be payable. Part 5 - Redevelopment Demolition and Conversion Credits 36. (1) In this section, "conversion" means the change in use of all or a portion of a building as permitted under the provisions of a Zoning By -law. (2) Where an existing building or structure is to be converted to another use, in whole or in part, or converted from one principal use to another principal use on the same land, the amount of the development charge payable shall be determined in accordance with this section. (3) Where a building or structure is destroyed in whole or in part by fire, explosion or Act of God or is demolished and reconstructed, the amount of the development charge payable shall be determined in accordance with this section. (4) The development charges otherwise payable in respect of redevelopment described in subsections (2) and (3) shall be reduced by the following amounts: (a) in the case of a residential building or the residential portion of a mixed -use building or structure, an amount calculated by multiplying 15 -22 Development Charges By -law No. 2015 -035 P a the applicable development charges under Schedule 1 by the number, according to type of dwelling units that have been demolished or converted to another principal use or demolished and reconstructed as the case may be; and (b) in the case of a non - residential building or the non - residential portion of a mixed -use building or structure, an amount calculated by multiplying the applicable development charges under Schedule 2 by the non - residential gross floor area that has been demolished or converted to another principal use or, demolished and reconstructed as the case may be. (5) A credit in respect of an event referred to in subsection (3) shall not be given unless a building permit has been issued within five years of the date on which a demolition permit was issued or the date on which the building or structure. was destroyed in whole or in part by fire, explosion or Act of God, as the case may be. (6) The amount of any credit under subsection (4) shall not exceed the total development charges otherwise payable. (7) Notwithstanding subsection (4), the conversion of a heritage building located in any Revitalization Area' described in section 32 or on the Jury Lands (Schedule 4E) is exempt from development charges. (8) Notwithstanding subsection (4), no credit shall be provided if, (a) the demolished building or structure or part thereof would have been exempt under this by -law; (b) the building or structure or part thereof would have been exempt under this by -law prior to the conversion, redevelopment or reconstruction as the case may be; or (c) the development is exempt in whole or in part or eligible for any other relief under this by -law. Brownfield Credit 37. (1) In this section, "brownfield land" means vacant or underutilized property in respect of which a Record of Site Condition'or successor documentation under the. regulations has been issued by the Ontario Ministry of Environment and Climate Change. (2) The amount of development charges otherwise payable for the redevelopment of brownfield land shall be reduced by an amount equal to the 15 -23 Development Charges BV-law No. 2015 -035 10 a o e 116 actual costs of assessment and cleanup of the property, approved by the Municipality, provided a Record of Site Condition is provided for the intended use. (3) The amount of any credit under subsection (2) shall not exceed the total development charge otherwise payable. (4) Subsection (2) shall not apply to any redevelopment for a gas service station or uses developed in conjunction with a gas service station. Expropriated Land Credit 38. Where, as a result of the expropriation or acquisition of land by any government authority, a building or structure must be relocated or reconstructed, no development charge shall be payable provided the building or structure is relocated or reconstructed within the boundary of the original lot. Relocation of Heritage Buildings 39. (1) Where a heritage building is relocated to a different lot, an amount equal to the development charge shall be refunded to the owner upon the building being redesignated as a heritage building on the new lot. (2) Notwithstanding subsection 36(3), no credit shall be provided in relation to the property on which the heritage building was originally located. Occupancy During Construction 40. A full development charge refund shall be given if an existing dwelling unit on the same lot is demolished within 6 months or such longer period as may be permitted by Council following the date of issuance of the building permit for a new dwelling unit that is intended to replace the existing dwelling unit. Part 6 - General Cancelled Permits 41. A full development charge refund shall be given if a building permit is cancelled prior to the commencement of construction. ❑it1_ '�� 42. The onus is on the owner to produce evidence to the satisfaction of the Municipality which establishes that the owner is entitled to any exemption, credit or refund claimed under this by -law. 15 -24 Development Charges BL-law No. 2015 -035 P a 0-e.7 Interest 43. The Municipality shall pay interest on a refund under sections 18 and 25 of the Act at a rate equal to the Bank of'Canada rate on the date this By -law comes into force updated on the first business day of every January, April, July and October until the date of the repeal or the expiry of this by -law. 44. Except as required under section 43, there shall be no interest paid on any refunds given under this by -law. Front - Ending Agreements 45. The Municipality may enter into front - ending agreements under section 44 of the Act. Effective Date 46. This by -law comes into force and is effective on July 1, 2015. Expiry 47. This by -law expires five years after the day on which it comes into force. Repeal 48. By -law No. 2010 -058 as amended is repealed effective July 1, 2015. PASSED this 11th day of May,, 2015. Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk 15 -25 Development Charges By -law No. 2015 -035 P a _ci e 118 SCHEDULE1 RESIDENTIAL DEVELOPMENT CHARGES (PER DWELLING UNIT) Effective July 1, 2015 Single Detached Dwelling, Semi - Detached Building and Linked Building $15,702 Multiple Unit Building $12,139 Apartment Building $7,512 NOTE: Charges are subject to indexing in accordance with section 20 15 -26 Development Charges By -law No 2015 -035 pAge 119 SCHEDULE 2 NON - RESIDENTIAL DEVELOPMENT CHARGES PER SQUARE METRE OF GROSS FLOOR AREA Effective July 1, 2015 Non - Residential $64.93 (excluding Industrial) Industrial $35.24 NOTE: Charges are subject to indexing in accordance with section 20 15 -27 Development Charges By -law No. 2015 -035 P a c_e 120 Schedule "3A" to Development Charges By -law 2015 -035 sxstsc+e nw.0 L-LL- /V i Clarington Energy Business Park 15 -28 Development Charges By -law No 2015 -035 P_a 0 e 1 21 Schedule "313" to Development Charges By -law 2015 -035 11MEOWMIM Nk;fl'! /gY4pt kGN}pY40, Clarington Science and Technology Park 15 -29 Development Charges By-law No. 2015-035 Pacie 122 Schedule "4A" to Development Charges By-law 2015-035 ■� �.: =._ ��il:.�ll �Il�li► X1!!1!1! -�� �� �r X11 � � ����i til !�� - S. �� � NIS M. mom IM" �y � .t � � _ X111 �i��ii�iil��1��; 111111 � • ••r 111 11� • �i � Illllllli 11 ■lilll � 111 ,;� � , ,�, '■� rte_ ° _■. _. IIIIIIi1111 • _ ' 1 1 IMM IMMI iii% M! M! EM� 11111111111 1 , EM■ ONE �IIIII SIM ME =i� ._:_i1.- E El Revitalization Area - Newcastle Village 15-30 Development Charges By-law No 2015 -035 Pacie 123 Schedule "413" to Development Charges By -law 2015 -035 �I Revitalization Area - Orono Avg 15 -31 Development Charges BV -law No. 2015 -035 Page 24 Schedule °4C" to Development Charges By -law 2015 -035 Revitalization Area - Bowmanville 15 -32 Development Charges By -law No 2015 -035 P a o e 125 Schedule "413" to Development Charges By -law 2015 -035 N Revitalization Area - Courtice 15 -33 Development Charges By -law No. 2015 -035 P a c_J 26 w 15 -34 Schedule "4E" to Development Charges By -law 2015 -035 1111 111111111" ONmmunmrl�� iii iiiii�� =mIIIIIImIi Jury Lands Attachment C • -•• 00 V Date: March 12, 2015 Subject: Development Charges To: Nancy Taylor Director of Finance Municipality of Clarington Dear Nancy, MOTORS LTD. - _;._ MCI? t I would like to bring to your attention a serious problem that we are experiencing, in order to put a building addition onto the Roy Nichols Motors Service operation. This addition is required to help us provide the proper level of service for Clarington's growing population, as well as, to help with the growing costs of running a business. Without addressing this building issue, we would be encouraging our customers to take their business to the Oshawa dealerships. This loss of business would start with service, and then vehicles sales, resulting in downsizing our operation, and reducing our work force. In order to secure a building permit, the Municipality wants us to remove existing storage trailers /containers. The Municipality has agreed that a mezzanine or second floor to the new proposed . addition would be a solution for storage, and therefore, enabling the storage trailers /containers removal from our property. The problem experienced with the mezzanine /second floor idea is the development charges that another floor would attract. Considering the minimal effect to the Municipality's and Region's infrastructure, the cost of the first floor development charges are already extremely high. However, when you consider a second floor storage area, which has absolutely no impact to the infrastructure, these charges are certainly unwarranted, and, in fact, could impact the viability of the entire building addition project. I am asking for your help in addressing this cost situation. I would be pleased to meet with you either at your office, or here, to review the project and answer any questions that may arise. Thank you, Gary DaIb j General Manager Toll Free: 1- 866 -885 -8822 a 905 -436 -2222 ® Fax: 905 -436 -2028 2728 Courtice Road ® Courtice ® Ontario ® L1 E 2M7 -Ell www.roynicholsmotors.com Canada 15 -35 WESTON CONSULTING planning + urban design Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1 C 3AC Attn: Carlo Pellarin Dear Sir, Re: Development Charge Reduction Request Gardens of Farewell Creek Development Attachment "C" to Report FND- 007 -15 March 19, 2015 File 6748 Weston Consulting is the planning consultant for the Gardens of Farewell Creek Development in the Municipality of Clarington. The subject lands are located in the Town of Courtice and are municipally known as 1459 and 1463 Hwy 2, and 13 and 15 Darlington Boulevard South. The subject lands are located west of the intersection of Highway 2 and Darlington Boulevard. A Preconsultation Meeting for this proposed development took place on January 15th, 2015 in which members from the Region, Municipality and Conservation Authority attended. We recognize that the Municipality's Development Charge By -law 2010 -058 is currently under review. In response to this review we would like to submit a request on behalf of our client in relation to the proposed development project in relation to development charges. The purpose of this letter is to discuss the current municipal development charge framework and applicability of policies contained in By -law 2010 -058 in relation to intensification projects. As you are aware Section 20 (11) of By -law 2010 -058 discusses a partial exemption for intensification projects located within TownNillage Centres that are illustrated on the Official Plan land use maps. This policy states that for intensification projects within Town/Village Centres (as identified in the Official Plan) of residential and /or office buildings, there will be development charge exemptions of 25% for the third storey, 50% of the fourth storey, 75% of the fifth storey and 100% of the sixth storey and higher. The proposed Gardens of Farewell Creek development consists of a mixed use high density development with a variety of building forms and densities that conform to the policies set out in the Clarington Official Plan. A variety of units types are proposed in this development and a key design focus has been placed on the public uses in the area and along the Highway 2 frontage. This development is uniquely positioned within the corridor and possesses characteristics not found in other sections of the corridor, particularly its proximity to public uses, parkland and Farewell Creek, but also its proximity to the concentration of commercial mixed use developments and other key uses in this node. It also provides an opportunity for a large parcel of land to contribute to and exceed densities contemplated along other parts of the corridor. Vaughan Office 201 Millway Avenue, Suite 19, Vaughan, Ontario WK 5K8 T.905.738.8080 Oakville Office 1660 North Service Road E., 15 - 1216 Suite 114, Oakville, Ontario L6H 7G3 T. 905.844.8749 Toronto Office 127 Berkeley Street, Toronto, Ontario M5A 2X1 T.416.640.9917 westonconsulting.com 1- 800.363 -3558 F. 905.738.6637 2 It is our opinion that the proposed development possesses characteristics and attributes that warrant its consideration for development charges reductions similar to those outlined above in the existing Development Charges By -law 2010 -058. Although the proposed development is not in a TownNillage Centre, the existing concentration of uses in the area, the density and height of the proposed development and the variety of proposed uses and unit types makes this development comparable to those that would occur in a TownNillage Centre. In particular, the subject property is part of the only Mid -Rise High Density designation along Highway 2 in the Secondary Plan and it has one of the highest height regimes in the secondary plan area. The consideration of a development charges reduction for this project will result in the economic delivery of a mixed use development that respects the character of the surrounding neighbourhood. We believe that the intent of the Municipality to facilitate intensification projects of this kind by offering reductions was a key objective of the existing Development Charges By- law. Development of lands in the Municipality of Clarington in an intensification area brings with it several challenges, particularly the cost of land, construction costs for servicing and buildings, particularly for buildings between 6 and 10 storeys. Based on our experience with the development community, the format of built form at the proposed heights result in increased building costs relative to lower buildings heights and much taller building heights (ie. above 10 storeys). The development will provide buildings with concrete and masonry construction with underground parking and elevator service, which will ensure high quality product that will cater to a wide demographic. In addition to the above, matters related to parkland dedication, parking supply and the cost of underground parking, create further challenges to the delivery of high quality comprehensively planned projects in newer intensification areas. In our opinion, the proposed development provides comparable characteristics to development in the Town Centre. The definition of "intensification" in the Development Charge By -law 2010 -058 relates to both growth centres and corridors, and the subject lands, although not in a Town Centre, are located along a corridor. It is with this in mind that we believe the aforementioned reduction in development charges should be applied to the proposed development. The information below summarizes key elements in support of our client's request: 1. Land Use — The proposed development provides a mixed use development with a variety of residential dwelling types and formats. The development also seeks to respect the character and context of the surrounding area. Similar to a Town Centre, the proposed development provides for a land use that fits in the surrounding neighbourhood while ensuring greater heights and densities. 2. Urban Design — The proposed development is intended to adhere to the Urban Design Guidelines set out in the Courtice Main Street Secondary Plan, where appropriate. The development provides for attractive built form that will reinforce a community feel and maintain the view corridors to the abutting natural areas. Furthermore, pedestrian friendly landscape with linkages to the trail sytems to the east are also proposed. The built form also follows the guidelines of the Mid -Rise High Density Residential designation. Vaughan Office 201 Millway Avenue, Suite 19, Vaughan, Ontario L4K5K8 T.905.738.8080 Oakville Office 1660 North Service Road E., Suite 114, Oakville, Ontario L6H 7G3 T. 905.844.8749 Toronto Office 127 Berkeley Street, Toronto, Ontario M5A 2X1 T.416,640.9917 westonconsulting.com 1- 800 - 363 -3558 F. 905.738.6637 15 -37 3 3. Compatability —The intersection of Highway 2 and Darlington Boulevard contains a variety of built forms and land uses. The proposed development respects the concept of higher densities along Hwy 2 while maintaining the character of single family homes in the southern portion of the development similar to that of Darlington Boulevard. 4. Existing Form — The proposed development is in close proximity to the intersection of Darlington Boulevard and Highway 2, which is a more prominent intersection in the area. Currently, the uses in this area vary with several commercial buildings to the North and a retail plaza to the North -West and West. The proposed development will result in a significant enhancement to an emerging mixed use node along this portion of the corridor. 5. Intensification /Density —The Courice Main Street Secondary Plan designates the subject lands as Mid -Rise High Density Residential. These designations set the framework for appropriate intensification of the subject lands. The proposed development density exceeds the density in the Secondary Plan as it provides a total of 515 units over a total area of approximately 4.26 Ha, which results in a residential density of approximately 120 units per hectare. It is our opinion that the proposed development provides an appropriate density that exceeds the proposed density for the Town Centre area. 6. Variety of Unit Types - There are several different building and unit types provided in this development ranging from single detached homes along Darlington Boulevard, 8- storey condominium towers, a 7- storey rental apartment and several street and terrace townhouses. The preliminary units types are outlined in the table below: It is our opinion that the subject lands are very similar to the Town Centre in context, character, and in density and height regimes. The proposed development provides a variety of uses and dwelling types while offering density and height that would be comparable to the Town Centre. This development is also one of the first mixed use, medium density developments that is envisaged in the new Official Plan. Vaughan Office 201 Millway Avenue, Suite 19, Vaughan, Ontario L4K 5K8 T.905.738.8080 Oakville Office 1660 North Service Road E., Suite 114, Oakville, Ontario L6H 7G3 T. 905.844.8749 Toronto Office 127 Berkeley Street, Toronto, Ontario M5A 2X1 T. 416.640.9917 15 -38 westonconsulting.com 1- 800. 363 -3558 F. 905.738.6637 Condominium 6 -8 Storeys 441 • 1 Bedroom 194 • 2 Bedroom 78 • 3 Bedroom 8 if Bedroom numbers based on demand buildings B & D, building C has exists not been designed yet. Street Townhouses 3 Storeys 47 Terrace Townhouses 3 Storeys 23 Single Family Detached 1.5 Storeys 4 Dwellings It is our opinion that the subject lands are very similar to the Town Centre in context, character, and in density and height regimes. The proposed development provides a variety of uses and dwelling types while offering density and height that would be comparable to the Town Centre. This development is also one of the first mixed use, medium density developments that is envisaged in the new Official Plan. Vaughan Office 201 Millway Avenue, Suite 19, Vaughan, Ontario L4K 5K8 T.905.738.8080 Oakville Office 1660 North Service Road E., Suite 114, Oakville, Ontario L6H 7G3 T. 905.844.8749 Toronto Office 127 Berkeley Street, Toronto, Ontario M5A 2X1 T. 416.640.9917 15 -38 westonconsulting.com 1- 800. 363 -3558 F. 905.738.6637 4 It is our client's intent to have this project appeal to a wide demographic and there are no comparable projects of this scale in the area, which in our opinion, warrants the consideration of this request. The overall project financing requires collaboration and cooperation as well as the use of incentives and strategies with municipal partners to make the project a reality. As indicated above, we believe there is merit in the consideration of the current development charges reduction policies being applied to the proposed development either through interpretation or through modifications to the new development charges by -law and we would like to discuss this further with you at your earliest opportunity. We are also looking forward to the advancement of this exciting project through the planning process to a mutually benficial conclusion. Yours Per: BES, MCIP, RPP A. Hirshfield J. Goldman Vaughan Office 201 Millway Avenue, Suite 19, Vaughan, Ontario WK 5K8 T,905.738,8080 Oakville Office 1660 North Service Road E., Suite 114, Oakville, Ontario L6H 7G3 T. 905.844.8749 Toronto Office 127 Berkeley Street, Toronto, Ontario M5A 2X1 T.416.640.9 175 —.3 9 westonconsulting.com 1- 800 - 363 -3558 F. 905.738.6637 cn HWY 2 COVRTjCe - SR STATISTICS _ mnexnww nu A\ ulm- TOML Al 1�0 a 4 - 4 21 3,3 i3 U22 11 Al— -1 -4 2, 2acres,:j ........... Did STREETX smElx UD+D I N C D R P 0 R A _77— 7— ....... ... ......... -I—, 1 RT 2, 1 PLAN IORt3554 i i I 7 THE (MARDIENS OF - -- -- - -- -- - - -- - --- --- ---- 27 @! FAREWELL CREEK DEVELOPMEM7 5 L--- --- - - 01 k COURME MUNC. CIF CURINOTON PROPOSED V'TE PLAN CID 1 L=1 ❑ 1 2 OMOM 1316 REGISTERED PLAN Mo. 670 Y �RED I I q'y I 1. -- -- --- — --- -- - — --- — --- --- --- ..- -' —L PMN .. .. .. L_No. 6 BLVD SOLrrH sp OPT 4 DARLINGTON Z)AHLINUI ON YUUL,' ROAD A110WAIVX BE I • X111 11 MEMO Leading the Way CLERK'S DEPARTMENT If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102. To: Mayor Foster and Members of Council From: June Gallagher, Deputy Clerk Date: May 1, 2015 Subject: General Purpose &Administration Committee Meeting Agenda — May 4, 2015 — Update File: C05.General Purpose and Administration Please be advised of the following amendments to the GPA agenda for the meeting to be held on Monday, May 4, 2015: 6. Delegations See attached Final List. (Attachment#1) See attached update from Sheila Hall, dated May 4, 2015, regarding the Clarington Board of Trade, Economic Update. (Attachment#2) 20. (a) Correspondence from Paula J. Tenuta, BILD, Concerning the Public Meeting (Agenda Item 5(A)) Regarding Development Charges, Report FND-007-15. (Attachment#3) V66'e� J ne Gallagher, Deputy Clerk JEG/mc cc: F. Wu, Chief Administrative Officer Department Heads CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 ATTACHMENT # TO UPDATE MEMO Final General Purpose and Administration Committee Agenda Date: May 4, 2015 Time: 9:30 AM Place: Council Chambers If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102. Audio Record: The Municipality of Clarington makes an audio record of General Purpose and Administration Committee meetings. If you make a delegation or presentation to a General Purpose and Administration Committee meeting, the Municipality will be audio recording you and will make the recording public by publishing the recording on the Municipality's website. 1. Meeting Called to Order 2. Disclosures of Pecuniary Interest 3. Announcements 4. Adoption of Minutes of Previous Meeting (a) Minutes of a Regular Meeting April 20, 2015 4-1 5. Public Meetings 5-1 (a) Development Charges Public Meeting Report: FND-007-15 6. Delegations 6-1 (a) Brian West and Matthew Tully, TransCanada Pipeline, Regarding the Eastern Mainline Project— Natural Gas (b) Sheila Hall, Clarington Board of Trade, Regarding Economic Development Update 7. Presentations Craig Binning, Hemson Consulting Ltd., Regarding Development Charges Study and By-law Presentation Corporation of The Municipality of Clarington 40 Temperance Street, Bowmanville, Ontario L1 C 3A6 905-623-3379 i G.P. & A. Agenda 2 May 4, 2015 8. Planning Services Department (a) PSD-025-15 Priority Green Clarington Update No. 3 8-1 (b) PSD-026-15 Co-Ordinated Provincial Review of the Growth Plan 8-18 i for the Greater Golden Horseshoe; Greenbelt Plan, Oak Ridges Moraine Conservation Plan and Niagara Escarpment Plan Part 1 — Comments on Growing the Greenbelt for the Agricultural System (c) PSD-027-15 An Application by Dr. R.J.C.G. Inc. to Rezone Lands 8-33 At 2021 Green Road for a Mixed-Use Building 9. Engineering Services Department No Reports 10. Operations Department (a) OPD-005-15 Cemetery Tariff of Rates for 2015 to 2018 10-1 11. Emergency and Fire Services Department No Reports 12. Community Services Department No Reports 13. Municipal Clerk's Department No Reports 14. Corporate Services Department No Reports 15. Finance Department (a) FND-007-15 Development Charges Study and By-law 15-1 [NOTE: Please refer to the Development Charges Background Study previously distributed with the April 27, 2015 Council Agenda] 16. Solicitors Department No Reports G.P. & A. Agenda 3 May 4, 2015 I 17. Chief Administrative Office No Reports i 18. Unfinished Business None 19. Other Business 20. Communications (a) Correspondence Paula J. Tenuta, BILD, Concerning the Public Meeting (Agenda Item 5(A)) Regarding Development Charges, Report FND-007-15 21. Confidential Reports No Reports 22. Adjournment I ATTACHMENT # Clarington TO UPDATE MEMO Board of Trade and Office of Economic Development Don Rickard Clarington Board of Trade President Report to Clarington Council May 4,2015 Lawson Gay Vice-President Economic Development Lead Update 16 New Leads Adrienne Windsor 5 Commercial/Retail Past President 1 Food Processing Leslie Ray 1 Energy Treasurer 5 Manufacturing/Industrial/Distribution Lindsay Coolidge 2 Recreation Secretary 2 Investment 12 Active follow up on previous leads Barb Malone 10 No recent activity Director at Large 5 Closed files Barb Yezik 9 Business Support Files Director at Large Tradeshows and conferences attended Dale Gibbons Canadian Nuclear Association Conference Director at Large Realtor Quest SIAL Conference Martin Vroegh Local Food Symposium Director at Large Durham Tourism Symposium Mike Weatherbee Director at Large Outreach-Tellinq Clarington's Story Presentations to local high school students and teachers Laura Sciore Member Minute Videos Director at Large Clarington This Week: Professional in Business spread Steve DeBoer Outreach and presentations to local Real Estate Brokerages Director at Large Greg Lewis Connecting to Business Newcastle BIA Young Professionals Group launch 2"d Annual Agricultural Summit Justin Barry Connecting Clarington Agriculture Community with UOIT Bowmanville BIA Life Science Round Table Yvonne Maitland DC Review Working Group Orono BIA Doing Business with the Municipality—meetings/webinar with Purchasing Partnership with Clarington Public Library for business recourses Curry Clifford 13 Corporate Calls Municipal Advisor Moved in..... Since our last update in January,there have been several new businesses open their doors in Clarington. We are happy to welcome them and the approximate 40 new jobs in the community. Welcome to: Bulk Barn—new ownership, Bowmanville LCBO, Courtice 54 King St. East, Unit 102, Bowmanville, ON L1C 1N3 • (905) 623-3106 • info @cbot.ca • www.cbot.ca � Clarimngton Board of Trade and Office of Economic Development Orono's General Store, Orono Flight Centre, Bowmanville Nygard Fashion, Bowmanville Brewers Pantry, Bowmanville Manantler Craft Brewery, Bowmanville One Love, One Dream Bridal Salon & Formal Wear, Courtice Brianna's Sweet Treats, Bowmanville Sunlife Financial, Bowmanville Roughley Insurance Brokers, Bowmanville Recognition CBOT was honoured to present the 2014 Business Recognition Awards at our AGM & Business Awards on April 23rd.We congratulate the follow businesses on their achievements: 2014 Business Recognition: • Vision, Investment and Commitment—Dr. Ron Stead and Beth Colley of Holburn Bio- Medical Corporation • Investment and Redevelopment—Bob Hann of Halloway/Valiant • Young Entrepreneurial Ingenuity, Passion and Pursuit—Manantler Craft Brewing Co. • Commitment to Clarington's Economic Prosperity—Paul Halliday Membership: Since January CBOT has welcomed 17 new members In 2014,CBOT welcomed 50 new members in total Hosted Events since January: • Breakfast Buzz with Mayor Foster • Regional Chair Luncheon with Mr. Roger Anderson • 2"d Annual Agricultural Summit • Let's Network Simply Social • Young Professionals Networking Group • Annual General Meeting& Business Awards Over 370 attendees out to events since January! Upcoming Events: • May 7th—Let's Network Simply Social • May 13th—Breakfast Buzz • May 14th—Doing Business with the Municipality • May 271h—Ask An Expert • June 18th—Annual Golf Tournament i 54 King St. East, Unit 102, Bowmanville, ON L1C 1N3 e (905) 623-3106 info @cbot.ca www.cbot.ca ATTACHMENT # TO UPDATE MEMO i April 30, 2015 Mayor Adrian Foster& Members of Council Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C 3A6 Dear Mayor Foster, RE: Development Charges Review,Statutory Public Meeting - General Purpose&Administration Committee meeting of May 4,2015 Thank you for the opportunity to comment on the proposed development charges by-law and background study. BILD and its Durham Chapter members have been an active part of the Development Charge Steering Committee, and we appreciate the on-going consultation, dialogue and productive relationship that we have had with staff as part of this by-law review. At this time, we submit the following comments for consideration as part of the statutory public meeting proceedings. With reference to the Development Charges Background Study of April 16, 2015, and accompanying proposed development charges by-law, BILD submits the following comments with respect to consideration of policy amendments. Recommendation to Adopt a Uniform Apartment Rate The Development Charges Background Study and proposed by-law present a recommendation to adopt a uniform apartment rate for large and small apartments, as opposed to the current split of small and large units. BILD members involved in the review of the towns proposed development charge by-law have not raised any objection to this proposed policy change, as it is in lines with the general practice of several other Durham Region municipalities. Development Charge Administration- Timing and Calculation of Payment In the interest of providing housing choices for residents of the town, and especially those that may often provide a more affordable housing option,we are requesting that the Town consider policy objectives related to rental apartments and the timing associated to the collection of development charges. BILD recommends that development charge payments be deferred on the construction of rental apartments to time of occupancy certificate being issued, and that Section 17 of the proposed development charges by-law related to timing and calculation of payment explicitly state this. With more than 1,400 member companies,BILD was formed through the merger of the Greater Toronto Home Builders'Association and the Urban Development Institute/Ontario and is the voice of the land development,home building and professional renovation industry in the Greater Toronto Area. i Also serving as an incentive for a balanced level of increased intensification,we would also like the Town to consider that this same principle be applied for both rental and condominium buildings. Services and works are not actually utilized by the future residents of these buildings until they are occupied, therefore we suggest it reasonable that payment of development charges for rental or condominium buildings be the point where the Town issues a clearance for the registration of the condominium plan on the building, or when the Town issues an occupancy certificate (which ever applies in each circumstance). We thank municipal staff for the opportunity to be part of the Development Charges Study Steering Committee, and for the stakeholder consultation sessions. We appreciate the open dialogue and transparency and look forward to continued working relationships with the Town. Sincerely, Paula J. Tenuta, MCIP, RPP Vice President, Policy&Government Relations Cc; Ms.Nancy Taylor,Treasurer,Director of Finance BILD Durham Chapter Members I r Municipality of Clarington Development Charges Study Statutory Public Meeting Monday May 4, 2015 th Today We Will Discuss What are Development Charges? • Background & Study Process • Development Forecast • Capital Program Summary • Calculated Development Charges • By-law Implementation • Next Steps • 1 What Are Development Charges? Fees imposed on development to finance • “growth-related” capital costs Pays for new infrastructure and facilities to • maintain service levels Principle is “growth pays for growth” so that • financial burden is not borne by existing tax/rate payers 2 Background Council passed Development Charges (DC) • By-law No. 2010-058, which came into effect July 2010 that imposed DC rates for eligible Municipal services The current by-law expires on June 30, 2015 th • Council must pass a new by-law before this • date if it wishes to continue to collect DCs 3 Study Process Anticipated amount, type and location of development must be estimated Development Forecast Increase in need may not exceed Calculate 10-Year average level of service immediately Historical Service Levels preceding background study Increase in the need for service Identify Growth-related attributable to the anticipated Capital Costs development must be estimated Reduce capital costs by legislated deductions Grants/OtherRequired Service Replacement/Available DC Post-Period ContributionsDiscountBenefit to ExistingReservesBenefit Costs Eligible for DC Recovery Allocation of eligible costs by type of development Non-Residential Sector Residential Sector (per mof GFA) 2 (per unit) 4 Study Process DC Study initiated –November, 2015 • 2 Steering Committee meetings, consisting of • Municipal staff and industry representatives, were held to discuss draft rates and DC By-law policies Council Information Session -March 23, 2015 rd • Developer Information Session -March 24, 2015 th • 2015 DC Background Study and By-law released - • April 16, 2015 th Statutory Public Meeting -May 4, 2015 (today) th • Council ratification of by-law –May 11, 2015 th • 5 Municipality of Clarington DC Rate Structure 90% Eligible Services100% Eligible Services Library ServicesEmergency & Fire •• Services Indoor Recreation • Roads & Related • Park Development • Operations • Parking • General Government • 6 Development Forecast: Residential General ServicesEngineeredServices Planning HorizonPlanning Horizon AtGrowthAtGrowthAt 20142015-202420242015-20312031 Dwelling 31,7509,00040,75020,40052,150 Units Census 88,90020,500109,40046,400135,300 Population Note: -Population and Dwelling Unit based on ROPA 128 targets -Forecast is net of census undercount 7 Development Forecast: Non-Residential General ServicesEngineeredServices Planning HorizonPlanning Horizon AtGrowthAtGrowthAt 20142015-202420242015-20312031 Employment24,8507,05031,90013,55038,400 New Non-res Building 394,900842,000 Space (sq.m) Note: -Employment Forecasts based on ROPA 128 targets 8 Capital Program Summary General Services: 2015-2024 Total Gross Cost ($millions) $ 117.21 Less: Grants & Subsidies$ 0.00 Less: Benefit to Existing Share $ 10.27 Less: 10% Discount$ 8.77 Less: Available Reserve Funds$ 5.00 Less: Post-2024 Benefit$ 21.82 DC Eligible Share$ 71.35 9 Capital Program Summary General Services: 2015-2024 Park Development & Operations, 11.0% Parking, 0.6% Related Facilities, 16.4% General Government, 5.0% Library Service, 7.5% Emergency & Fire Services, 11.4% Indoor Recreation, 48.1% Total: $71.35 million 10 Capital Program Summary Roads & Related: 2015-2031 Total Gross Cost ($millions) $ 165.87 Less: Grants & Subsidies$ 0.57 Less: Benefit to Existing Share $ 20.32 Less: 10% Discount$ 0.00 Less: Available Reserve Funds$ 9.19 Less: Post-2031 Benefit$ 0.00 DC Eligible Share$ 135.79 11 Calculated Residential DC Rate Singles & Semi- Library Service, 4.65% Detached Emergency & Fire, 5.02% $15,702 Roads & Related, 43.44% Indoor Recreation , Multiple Unit 29.91% Building $12,139 Apartment $7,512 General Park Government, Development & 2.36% Related Facilities, Operations, 4.86% 9.51% Parking, 0.26% 12 Non-Residential DC Rate: Calculated Non-Industrial Emergency & Fire Services, Operations, 6.92% 6.73% Parking, 0.35% General Government, 3.28% Non-Industrial Charge per Square Metre Roads & Related, 82.72% $64.93 13 Calculated Non-Residential DC Rate: Industrial Emergency & Fire Services, 12.74% Roads & Related, Operations, 12.40% 68.16% Parking, 0.65% General Government, 6.04% IndustrialCharge per Square Metre $35.24 14 Current vs. Calculated Residential Rates per Single Detached Unit 2015 Calculated Rate per Single Detached Unit$ 15,702 Difference 2010 DC Rates per Single Detached UnitTotal ($)(%) Current 2010 By-law Rate$ 15,798-$ 96 -1% Current 2010 Rate Adjusted for OMB $ 14,059$ 1,643 12% Comparison of the calculated 2015 rate to the current 2010 By- • law rate and adjusted 2010 rate The proposed charge is approximately the same as the current • rate under By-law 2010-058 The adjusted rate, which reflects the changes as per the • Ontario Municipal Board (OMB) decision, has been indexed to present day The 2010 adjusted rate still requires final approval from the OMB – 15 Current vs. Calculated: Non-Residential Rates Non-Industrial 2015 Calculated Rate per Square Metre$ 64.93 Difference 2010 DC Rates per Square MetreTotal ($)(%) Current 2010 By-law Rate$ 64.78 $ 0.150% Industrial 2015 Calculated Rate per Square Metre$ 35.24 Difference 2010 DC Rates per Square MetreTotal ($)(%) Current 2010 By-law Rate$ 32.95 $ 2.297% The current DC By-law 2010-058 rate is the same as the adjusted • rate required by the OMB decision 16 Residential Rate Comparison: $/Single Detached Unit Aurora$40,442 $20,399 $60,841 Newmarket $40,442 $19,956 $60,398 Caledon $35,955 $22,919 $58,874 Clarington - Current 2010 By-law $25,756 $15,798 $41,554 Clarington - Calculated $25,756 $15,702 $41,458 Ajax $25,756 $14,911 $40,667 Upper Tier Clarington - Current 2010 By-law OMB Adjusted $25,756 $14,059 $39,815 Whitby $25,756 $12,239 $37,995 Local Oshawa $25,756 $11,249 $37,005 Uxbridge $25,756 $10,260 $36,016 Scugog $25,756 $9,870 $35,626 Brock $25,756 $9,701 $35,457 $- $10,000 $20,000 $30,000 $40,000 $50,000 $60,000 17 Non-Residential Rate Comparison: $/Per Square Metre(Retail) Newmarket $412.04 $52.83 $464.87 Aurora $412.04 $40.02 $452.06 Clarington - Calculated $140.47 $64.93 $205.40 Clarington - Current 2010 $140.47 $64.78 $205.25 By-law Scugog $140.47 $64.39 $204.86 Oshawa $140.47 $59.66 $200.13 Ajax $140.47 $49.73 $190.20 Upper Tier Caledon $135.90$38.24 $174.14 Local Whitby $140.47 $30.35 $170.82 Uxbridge $140.47 $27.04 $167.51 Brock$140.47 $165.42 $24.95 $0.00$100.00$200.00$300.00$400.00$500.00 18 By-law Implementation: Exemption & Discounts Industrial Development: • New industrial development subject to a 50% exemption – Enlargements of existing industrial buildings 100% or less of – existing GFAwill be exempt from development charges Other Exemptions: • Specific users and properties, existing residential, – agricultural development, places of worship, garden suites, medical offices, temporary buildings By-law contains other policies relating to exemptions, • redevelopment and related credits 19 By-law Implementation: Revitalization Incentives Newcastle Village, Orono, Bowmanville, and Courtice Small Business Expansion • 100% DC exemption for existing small commercial buildings (less than – 250m) for expansions up to 50% of existing GFA 2 Mixed-Use Building • 50% DC exemption for mixed-use buildings that are 2 storeysor greater in – height (ground floor must be 50% or less of the total GFA) Mid-Rise Residential Development • 50% DC exemption for apartment buildings or retirement residences that – are 4 storeysor greater in height Transit Hub (BowmanvilleWest Town Centre) • 50% DC exemption for buildings 6 storeysor greater with a density of 100 – units per hectare or greater 20 Next Steps Respond to written submissions received at Public • Meeting of May 4 th Passage of 2015 DC By-law –May 11 th • Council ratification of Background Study and DC By-law, – incorporating any amendments By-law will not come into force until July 1 st, 2015 – 21 HWY 2 COURTICE-SITE STATISTICS dd SITE AREA PARCEL m' acres Ha Ec�n ce B 22,70286 5.61 2270367 c rrExunnoBrrnlmn, 'm u,Eaecm+l,6xsrn«�Tlbu C 8,275.12 103 0.821541 D 4,289.67 1.06 0.740602 7,40575 1.83 0.740601 TOTT AL 42,673.10 nY 16.53 ac 4.261491 Ha II � - 'i `/ \ �� ¢aewrva..uarv.rtA: w.xnm ucr,LVtwls UM R ANALYSIS n..cs at,ncmmw.cr oocwExn PARCEL STREET TERRACE CONDOMINIUM SINGLE TOTAL oBae TOWNHOUSE TOWNHOUSE FAMILY UNITS smmwmm+smxeco lx llrveexrAwlr No, STOREYS No, STOREYS No. STOREYS No. STOREYS I TO CQ 7F \ B 19 3 L:i 3 136 6 118 uxiexecneua r uu.o eE USen wx coxsrxur;noxlaLrL I, 1i O.VO \ \\ ,\ \ C 1/5 7 1/5 44 O\ D 4 3 130 8 134 71 P N ACE6 F G 24 3 4 2 28 TOTAL 47 23 441 4 515 eY G.FA V \ AC \ PARCEL m' fe �\ \ C 12.794:7 8 136,850 -. \\ O 11,9477 128.610 vi I d.22 aces //_+ \ G 3.886.19 41,832 I N J \ TOTAL 45,44222 489,152 ca \ I ° \m S \\ ' �p \ F.S.I. UNITS PER H. b PARCEL PARCEL L \ \ B 034 B 78.40 C 155 C 213.07 D 2.79 D 312.37 G 0.52 G 37.91 — ;.: ..i , DAFT 175 U ITS iiil3y _ 7srrers fAMONG ' —Jt SPAC IWPARIG SPACECE ` A4 S r 1 Resod M.wbtlu fa GSF ti.!weasel wyaa Increased"yaNSnmedem GSF283 p ? \ GTH1 627Aanged N 6.im 6ulgabw bmt- I °'S ,' —. . — — — `� v T - �� `— -_ LANDS TRANSFERRED TO \ I _______.__.. _ _ THE MUNICIPALITY I6_ 71m W8 P I SP 2 aL I i � � L 2.83acres 61 SPACES 180 CE I _ g C __ 4e U D+D i STREET X A STREET X - - — —\� — IN C O RP O RATE D i 61 I ART 6 P_J �I THE v°GARDENS H•>(OF t � L5 CHEEK 2&n2U �r27 i a i i 5 i °; DCMI�,D.CflI�MS� I I I I I I `"" i r I I a � R o o ❑ 9 � �..r 3G� ?� ❑I I I I 4 I —1 C 0U1,3�[Csz i i i ❑i i O i O Q i I i O i i ❑i "° HUNK-OF CMG lAdliflH TOOK Q I � I 3 I ' I I I I I I I I I Q I Q I I I I ❑I � I I p���O�JC�U 2 0 BsF I can 6sI4g I f SffE PLAN I - - �F fI1I Ne [r-I ST08R5 '�S STOREYS 13 STOt 1S 9011 . , ©��II OII\I �LLJ I I I F\ I lJ LLJ REGIST4RED PLAN �No. 610 N I sSREPLAN OPT 46 MAR 722015 I I REG'lST PLAN No ----.L_.---- =:.Lervxe --- ------ --- -_'` --'------ -�-- ---- -� ----.—.—.1—.—__----I-- ---- � --'I—`---- -----I-- --�--- -` -- -J-- ---- �—� -- SAC AEM —— DARLINGTON BLVD SOUTH 1:750 aNOV 2 2 r 26 SP 00 pi (ROAD ALLOWANCE BETWEEN LOTS 34 AN Br 6374 –---- -– –– ---- --7---- I I I ;----------T r-7M ------------- --------- Eastern Mainline Project –Natural Gas Presentation to Council, Municipality of Clarington May 4, 2015 Introductions TransCanada Representatives Brian West –Project Manager, Pipeline Matthew Tully –Project Manager, Compression Brian MacDonnell –Senior Land Representative Janice Badgley –Senior Community Relations Advisor Sara Beasley –Advisor, Community Relations Adrienne Fournier –Associate, Community Relations, Ascentum Inc. 2 Today’s Agenda 1.Eastern Mainline Project Overview 2.Routing in Clarington 3.Landowner Engagement 4.Compressor Station Additions 5.Community Engagement 6.Project Schedule 7.Discussion & Reference Section 3 1. Eastern Mainline Project Overview 4 New Natural Gas Infrastructure TransCanada is proposing to construct approximately 270 km of 36-inch diameter transmission pipeline between Markham and South Dundas, and add nine new units to five existing compressor stations along the proposed route. Commercial Drivers •To meet firm service commitments following the proposed transfer of a portion of TransCanada’s Canadian Mainline from natural gas to oil service as part of the Energy East Project. •Growing market demand for new supplies of natural gas from the U.S. Northeast. Source: TCPL via KPMG 5 New Pipeline Right-of-way •A new permanent right-of-way (ROW) is required for the proposed pipeline. •Where possible, the ROW parallels TransCanada’s existing easement that contains two operating natural gas pipelines. •Route adjustments away from the existing easement are required in some locations to accommodate: Environmental features o Regulations: ensure the safety of Adjacent land uses o communities and the environment Construction constraints o Stakeholder feedback o Standards: industry best practices •Additional land will be required for for pipeline design, construction, temporary workspace during operation and maintenance construction. 6 Proposed Pipeline In Clarington, the pipeline portion includes: •Approximately 30 km of new natural gas pipeline from Townline Road North to the municipality’s eastern boundary. •New Mainline Valve (MLV) 134B Approximate Location of Pipeline Right-of-way Length (km) Adjacent to existing TransCanada and Enbridge easements17 Adjacent to existing Enbridge and/or TransNorthern easements7 Route adjustments away from TransCanada’s existing easement6 TOTAL30 7 2. Routing in Clarington Proposed route = green Eastern Mainline Project, Municipality of Clarington, May 4, 2015. © Google 8 Map Legend For the following route maps: •Blue line = existing TransCanada easement •Grey line = existing Enbridge easement •Pink line = existing TransNortherneasement •Green line and shaded area = Eastern Mainline pipeline and right-of-way •Pink shaded area = temporary workspace •Thin purple line = alternate Eastern Mainline route •Thick purple line(s) = Hwy 407E 9 Focus Map 1: Hydro Station & Hwy 407E Eastern Mainline Project, Municipality of Clarington, May 4, 2015. © Google 10 Focus Map 2: Hwy 418 crossing Eastern Mainline Project, Municipality of Clarington, May 4, 2015. © Google 11 Focus Map 3: Stephen’s Gulch Eastern Mainline Project, Municipality of Clarington, May 4, 2015. © Google 12 Focus Map 4: Landowner feedback Eastern Mainline Project, Municipality of Clarington, May 4, 2015. © Google 13 3. Landowner Engagement ClaringtonNew Easement Lands •Tracts of land = 129Right-of-way land is retained by the owner through an easement •Road crossings = 50 agreement. •TransCanada facilities = 3 Allows TransCanada access to the Landowners sign Survey pipeline for construction, operation, Acknowledgements (SAs) for maintenance and security. TransCanada to conduct field and environmental assessments. Landowners will be compensated at •Signed = 107 appraised market value for easement •Access without SA = 8lands and for all lands used on a temporary basis during construction. •Current access for surveys = 89% 14 4. Compressor Station Additions TransCanada is proposing to add nine new 11 MW units at five existing compressor stations, including Station 134 on Langmaid Road in Clarington, to maintain system pressure as natural gas is delivered through the system. Station 134 Additions •New two-unit steel framed compressor station building (~ 25 m x 50 m). •One 11 MW compressor unit within the new compressor building. •Five skidded buildings for personnel and equipment (~ 3.7 m x 15.2 m). •New yard piping to connect to TransCanada’s existing pipeline system. •Some additional land may be required for temporary workspace during construction. 15 New Facilities An aerial view of TransCanada’s existing Station 134 facility. Black line = property boundaries Red line = natural gas pipeline Yellow rectangles = proposed new buildings for compressor unit, personnel and equipment Station 134 –Figure 1 ESA 16 Construction Construction at Station 134 is expected to begin in late 2017 and take 10 to 12 months to complete. Construction activities include: Site preparation, clearing, grading and leveling; o Pile installation for building foundations; o Installation of gravel pads for compressor units and auxiliary buildings; o Berm construction for noise abatement; o Fence installation to enclose new facilities; and, o Reclamation and re-vegetation of construction areas. o •Approximately 150 workers will be on site at peak construction. •Construction will generally take place Monday to Saturday from 7 am to 7 pm. •Local traffic will increase at times during construction. 17 Operations The new unit will provide primary service at Station 134 and permit the reduced utilization of the original compression equipment. Operations •Compression will be powered by new natural gas turbines, equipped with air and noise attenuation equipment. •Changes in sound levels and air emissions are expected to be negligible. •TransCanada will notify nearby residents in advance of scheduled maintenance that may result in significantly increased noise levels. TransCanada continues to work with municipal staff and neighbouring residents to provide Project updates and to address questions as they arise. 18 5. Community Engagement Key engagement with municipal officials and local residents includes: •March 19, 2014 –Introductory meeting with municipal staff •May 28, 2014 –Community Open House, Newcastle •September 17, 2014 –Meeting with municipal staff (pipe and compression) •November 25, 2014 –Community Open House, Oshawa •November 27, 2014 –Community Open House, Bewdley •May 4, 2015 –Presentation to members of Council •May 5, 2015 –Presentation to Durham Region Agricultural Advisory Committee •May 14, 2015 –Presentation to Clarington Agricultural Advisory Committee TransCanada will participate in Clarington’s site plan review process for proposed additions to Compressor Station 134 and will work with staff to determine road use, road use agreements and to minimize disruption to local residents. 19 6. Project Timeline Landowner, Community and Aboriginal EngagementDecember 2013, ongoing Environmental and Engineering Field WorkApril2014 to Summer 2015 Project Description to NEBMay 8, 2014 First Round of Open Houses (12)May –June 2014 NEB Section 52 Application Filing October 30, 2014 Second Round of Open Houses (7)November –December 2014 NEB Notice of Application to Participate in HearingJanuary 2015 First Supplementary Report to NEBApril 2, 2015 NEB HearingDetermined by NEB Construction Commences (pending approval)Late 2017 Facilities in-service (pending approval)Late 2018 / Early 2019 20 Reference Slides 1.TransCanada’s Right-of-Way & NEB Safety Zone 2.Right-of-way Profiles in Clarington 3.Agricultural Use and Land Reclamation 4.Environmental Protection 5.Safety, Integrity & Maintenance 6.Emergency Planning & Response 7.Project Contacts 8.Today’s TransCanada 21 1. TransCanada’s Right-of-Way & NEB Safety Zone 22 2. Right-of-way Profiles in Clarington Widthof Length of ProfileRationale ROWPipeline Adjacent to south side of10m of existing TCPL easement 118 m9.5 km existing TCPL easementcan be used for top soil storage Adjacent to north side of Constrainedon south side as 2existingTCPL or Enbridge equipment cannot be placed on 22 m6 km easementeasement Adjacentto south side of Topsoil cannot be placed on 3Enbridge or TransNorthern26 m8.5 km existing third party easement easement Minimum ROW width possible 4Greenfieldwith no constraintsto the north 18 m6 km or south 23 Example -Profile 1 24 3. Agricultural Use and Land Reclamation TransCanada is committed to minimizing the pipeline’s footprint during construction and after the pipe is in the ground. •All normal agricultural uses are permitted on the ROW. •Soil can be disturbed up to a depth of 30 cm without notifying TransCanada. •Crossing agreements are not required for normal farming operations. •Any excavation or ground disturbance deeper than 30 cm requires permission from TransCanada. TransCanada works with farmers to avoid impacts to crops and drainage systems, to provide compensation for crop loss and to repair or replace any tiles damaged during construction. 25 4. Environmental Protection Environmental protection starts with Field studies: project design and continues •Soils throughout the life of the project. •Hydrogeology and Hydrology The Environmental and Socio- •Vegetation and Wetlands economic Assessment (ESA) is a key component of TransCanada’s •Fish and Fish Habitat application to the National Energy •Wildlife Board (NEB). •Species at Risk (wildlife, fish and It is also the basis for the vegetation) Environmental Protection Plan (EPP) •Archeology/Heritage Resourcesthat specifies how we will minimize our environmental footprint and •Socio-economic, Land and protect natural and cultural Resource Use landscapes during construction and •Air Quality and Noise reclamation. 26 5. Safety, Integrity & Maintenance From design and construction to operation and maintenance, safety is an integral part of everything we do. Design: •TransCanada uses top quality steel and welding techniques throughout our pipeline system to ensure we meet and exceed industry standards. •We take additional safety precautions where pipelines cross roads, railways, waterways and communities. Construction: •All welds are checked by x-ray or ultrasonic examination. •Hydrostatic testing is used to verify the integrity of the pipeline and welds. •The external surface of the pipeline is coated to protect against corrosion. Operations: •The entire system is monitored 24 hours a day, 365 days a year, by highly trained TransCanada employees from a computerized control centre. 27 5. Safety, Integrity & Maintenance (cont’d) Ongoing maintenance is performed on all portions of the system to monitor, inspect and maintain the integrity of our pipeline facilities. These programs include: •In-Line Inspection –specialized internal inspection devices, “smart pigs,” travel through the pipeline collecting and recording information. •Investigative Digs –sections of the pipeline are excavated to investigate condition and integrity. •Hydrostatic Testing –safely verifies the integrity of the pipeline and welds by pressure testing the line with water. •Cathodic Protection –low-voltage current that protects the pipe from corrosion. •Aerial Patrols –the line is regularly inspected for hazards or disturbances that could affect the integrity of the pipeline. 28 6. Emergency Planning & Response What is natural gas? •Natural gas is an energy source composed mostly of methane. •Natural gas is lighter than air and disperses and dissipates quickly. Partnership with communities •Through our Public Awareness Program, TransCanada works with municipalities to share information with emergency responders and the public. Emergency response •In the unlikely event of an incident, TransCanada responds by immediately shutting off the surrounding valves. •Trained regional crews are dispatched to the site to coordinate a response with local emergency services. 29 7. Project Contacts Primary Contacts Sara Beasley –Compression Adrienne Fournier –Pipeline sara_beasley@transcanada.comafournier@ascentum.com 416.869.2123 (t)613.691.2183 (t) 416.453.0951 (c)613.614.9777 (c) Community RelationsMedia Relations eastern_mainline@transcanada.comcommunications@transcanada.com 1.855.920.46971.800.608.7859 easternmainline.comtranscanada.com #EasternMainline@TransCanada 30 8. Today’s TransCanada TransCanada in Ontario TransCanada is an active participant in Ontario’s energy market. Lengthof Natural Gas Pipeline8,070 km In addition to our extensive natural No.of Compressor Stations70 gas transmission system, we own and No. of Power Plants5 operate the Halton Hills Generation No. of Landowners5,579 Station. No. of Employees249 TransCanada is also a partner in Bruce Salaries$38.2M Power and the Portlands Energy Center. Property Taxes$76.7 M ProvincialTaxes$7.6 M Community Investment$1.5 M Updated December 31, 2013 31 TransCanada Corporation (TSX/NYSE: TRP) One of North America’s Largest Natural Gas Pipeline Networks •Operating 68,500 km (42,500 mi) of pipeline •Average volume of 14 Bcf/d or 20% of continental demand North America’s 3rd Largest Natural Gas Storage Operator •406 Bcf of capacity Canada’s Largest Private Sector Power Generator •21 power plants, 11,800 MW •Diversified portfolio, including wind, hydro, nuclear, coal, solar and natural gas Premier North American Oil Pipeline System •1.4 million Bbl/d ultimate capacity •33% of Canadian exports