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HomeMy WebLinkAbout05/24/2016Council Agenda Date: Tuesday, May 24, 2016 Time: 7:00 PM Place: Council Chambers, 2nd Floor Municipal Administrative Centre 40 Temperance Street Bowmanville, Ontario Inquiries & Accommodations: For inquiries about this agenda, or to make arrangements for accessibility accommodations for persons attending, please contact: Cindy Fleming, Administrative Assistant to the Clerk, at 905-623-3379, ext. 2101 or by email at cflemingCcD-clarington.net. Alternate Format: If this information is required in an alternate format, please contact the Accessibility Coordinator, at 905-623-3379 ext. 2131. Audio Record: , The Municipality of Clarington makes an audio record of Council meetings. If you make a delegation or presentation at a Council meeting, the Municipality will be audio recording you and will make the recording public by publishing the recording on the Municipality's website. In addition, please be advised that some of the Council meetings may be video recorded. Cell Phones: Please ensure all cell phones, mobile and other electronic devices are turned off or placed on non -audible mode during the meeting. Copies of Reports are available at www.clarington.net 1 Call to Order 2 Moment of Reflection 3 Disclosure of Pecuniary Interest 4 Announcements 5 Adoption of Minutes of Previous Meeting(s) 5.1 Minutes of a regular meeting of Council May 2, 2016 6 Presentations 6.1 Tyke 1 Clarington Gaels - 2015 Lacrosse Champions Council Agenda Date: May 24, 2016 Time: 7:00 PM Place: Council Chambers 6.2 Michael Angemeer, President & CEO, Veridian Corporation — Energy Retrofit Incentives for Alan Strike Aquatic and Squash Centre through "saveonenergy" Retrofit Program 6.3 James Campbell and Craig Ryan, Visual Arts Centre and Ann Harley, A Gift of Art - Proceeds of the Mayor's Gala — For the Love of Art 7 Delegations There are no Delegations listed as of the time of publication. 8 Communications Receive for Information There are no Communications to be received for information as of the time of publication. 9 Communications Direction There are no Communications for direction as of the time of publication. Page 1 Council Agenda Date: May 24, 2016 Time: 7:00 PM Place: Council Chambers 10 Committee Reports 10.1 Advisory Committee Reports 10.1.1 Minutes of the Agricultural Advisory Committee of Clarington dated 10-1 May 12, 2016 10.2 General Government Committee Report of May 9, 2016 10.3 Planning and Development Committee Report of May 16, 2016 11 Staff Reports 12 Business Arising from Procedural Notice of Motion 13 Unfinished Business 13.1 Addendum to Report PSD -033-16 - Extension to Draft Approval for 19 Estate Residential Lots by Michael and Cathy Clark, Part Lot 1, Concession 1 in the former Township of Clarke (Referred at the Council Meeting of May 2, 2016) 13.2 Confidential Report PSD -041-16 - Regarding Potential Property Purchase (Related to Item 14 of the General Government Committee Report) (To be distributed under separate cover) 14 By-laws 10-5 10-11 13-1- 14.1 2016-049 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Veltri and Son) (Item 3 of the Planning & Development Committee Report) 14.2 2016-050 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Item 4 of the Planning & Development Committee Report) 15 Procedural Notices of Motion Page 2 16 Other Business 17 Confirming By -Law 18 Adjournment Council Agenda Date: May 24, 2016 Time: 7:00 PM Place: Council Chambers Page 3 Council Minutes May 2, 2016 Minutes of a regular meeting of Council held on May 2, 2016, at 7:00 PM, in the Council Chambers. Present Were: Mayor A. Foster, Councillor S. Cooke, Councillor R. Hooper, Councillor J. Neal, Councillor C. Traill, Councillor W. Woo Regrets: Councillor W. Partner Staff Present: M. Marano, G. Acorn, M. Berney, T. Cannella, D. Crome, F. Horvath, L. Gordon, A. Greentree, C. Fleming 1 Call to Order Mayor Foster called the meeting to order at 7:00 PM. 2 Moment of Reflection Councillor Neal led the meeting in a moment of reflection. 3 Disclosures of Pecuniary Interest Councillor Neal indicated that he would be declaring an interest with respect to Items 20 and 23 of the General Government Committee Report. 4 Announcements Members of Council announced upcoming community events and matters of community interest. 5 Adoption of Minutes of Previous Meeting Resolution #C-111-16 Moved by Councillor Traill, seconded by Councillor Woo That the minutes of a regular meeting of Council April 11, 2016, be approved. Carried Resolution #C-112-16 Moved by Councillor Traill, seconded by Councillor Woo That the minutes of a special meeting of Council April 18, 2016, be approved. Carried -1- 1 6 Presentations Council Minutes May 2, 2016 There were no Presentations scheduled for this meeting. 7 Delegations 7.1 Christopher Tarr — Request for Refreshment Vehicle By-law Exemption Christopher Tarr addressed Council concerning Item 13.1 — Unfinished Business — Report CLD -017-16 -Request for Refreshment Vehicle By-law Exemption. Mr. Tarr expressed appreciation to Council for supporting the exemption to the By-law allowing refreshment vehicles on the property at 1967 Taunton Road East; to Mr. Cancelliere, the owner of the property, for permitting the Refreshment Vehicles to establish a niche market at this location; and, to members of the community for their support.'He stated the variety of food offered promotes multiculturalism and appeals to a wide variety of tastes. Mr. Tarr stated the owners look forward to opening for business and serving the community. Resolution #C-113-16 Moved by Councillor Cooke, seconded by Councillor Hooper That the Order of the Agenda be altered to consider Unfinished Business Item 13.1 at this time. Carried 13.1 Report CLD -017-16 — Request for Refreshment Vehicle By-law Extension Resolution #C-114-16 Moved by Councillor Cooke, seconded by Councillor Neal That Report CLD -017-16 be received; and That all interested parties listed in Report CLD -017-16 and any delegations be advised of Council's decision. Carried Resolution #C-115-16 Moved by Councillor Cooke, seconded by Councillor Woo That Council recess for five minutes. The meeting reconvened at 7:31 PM. 5-2 Carried -2- 8 Communications — Receive for Information There were no Communications to be received for information. 9 Communications — Direction There were no Communications for direction. 10 Committee Reports 10.1 Advisory Committee Reports Council Minutes May 2, 2016 10.1.1 Minutes of the Newcastle Memorial Arena Management Board dated March 8, 2016 10.1.2 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated April 12, 2016 10.1.3 Minutes of the Agricultural Advisory Committee of Clarington dated April 14, 2016 Resolution #C-116-16 Moved by Councillor Neal, seconded by Councillor Hooper That 10.1.1 Minutes of the Newcastle Memorial Arena Management Board dated March 8, 2016 10.1.2 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated April 12, 2016; and 10.1.3 Minutes of the Agricultural Advisory Committee of Clarington dated April 14, 2016 be received for information. Carried 5-3 Council Clarington Minutes May 2, 2016 10.2 General Government Committee Report of April 18, 2016 Resolution #C-117-16 Moved by Councillor Cooke, seconded by Councillor Hooper That the recommendations contained in the General Government Committee Report of April 18, 2016 be approved, on consent, with the exception of items #1(d), #20,, and #23. Carried Item 1(d) — Mark Wilson, Senior Advisor, Municipal Affairs, Enbridge — Ontario Energy Board Application #EB -2016-0004 — Review of Mechanisms to Recover the .Costs of Natural Gas Expansion in Ontario Resolution #C-118-16 Moved by Councillor Woo, seconded by Councillor Traill That the Municipality of Clarington forward a letter to the Ontario Energy Board in support of the Enbridge submission under Generic Application #EB -2016-004 to expand natural gas service to rural areas. Carried Councillor Neal declared an interest in accordance with the Municipal Conflict of Interest Act, with respect to Item 20 of the General Government Committee Report as a member of his family volunteers with the organization sponsoring the event, and declared a pecuniary interest with respect to Item 23 of the General Government Committee Report as he is on the Board of Directors of Home Base Durham and left the Council Chambers during discussion and voting on these matters. Item 20 — Newcastle Art Show Resolution #C-119-16 Moved by Councillor Hooper, seconded by Councillor Traill That Grant Application #16-22, Newcastle Art Show, be approved in the amount of $2,500.00. Carried M 5-4 Council Clarinsq6n Minutes May 2; 2016 Item 23 — Home Base Durham Resolution #C-120-16 Moved by Councillor Woo, seconded by Councillor Traill That Grant Application #16-28, Home Base Durham, be approved in the amount of $2,500.00. Carried Councillor Neal returned to the meeting. 10.3 Planning & Development Committee Report of April 25, 2016 Resolution #C-121-16 Moved by Councillor Woo, seconded by Councillor Traill That the recommendations contained in the Planning & Development Committee Report of April 25, 2016 be approved, on consent with the exception of items #1(a), and #2. Carried Item #1(a) - Municipality of Dutton Dunwich — Independent Electrical System Operator Review of Request for Proposal Process for the Award of Renewable Energy Contracts Resolution #C-122-16 Moved by Councillor Woo, seconded by Councillor Neal That the following resolution of the Municipality of Dutton Dunwich, with respect to the IESO process, be endorsed: "WHEREAS Invenergy was awarded a contract for the Strong Breeze Wind Project despite the fact that the Council of the Municipality of Dutton Dunwich surveyed the community as to whether its citizens were in favour or opposed to having an IWT project, and 84% of respondents stated they were not in favour; AND WHEREAS Invenergy was awarded a contract for the Strong Breeze Wind Project despite the lack of municipal support; AND WHEREAS Invenergy was awarded a contract for the Strong Breeze Wind Project with support from six Ontario First Nations communities, none of which are local First Nation Bands, and some of which are 1,000 km away from Dutton Dunwich. THEREFORE BE IT RESOLVED THAT the Council of the Municipality of Dutton Dunwich requests: 9611 5-5 Council Minutes May 2, 2016 1. That the "Municipal Support Resolution" becomes a mandatory requirement in the IESO process; 2. That any points for Aboriginal participation in a given power project be limited to the First Nation who has a comprehensive claim on the land where the project will be built; 3. That any announcement of the successful bidders includes an explanation of the points awarded to each bid; 4. AND THAT this resolution be forwarded to the Chair of the Board & President of IESO, the Minister of Energy, Elgin -Middlesex -London MPP Jeff Yurek, AMO and all municipalities within the Province and Invenergy." Carried Item 2 — Extension to Draft Approval for 19 Estate Residential Lots Resolution #C-123-16 Moved by Councillor Woo, seconded by Councillor Hooper That Item #2 of the Planning & Development Committee Report to Council of April 25, 2016, be referred to the Council meeting of May 24, 2016. Carried 11 Staff Reports There were no Staff Reports considered under this Section of the Agenda. 12 Business Arising from Procedural Notice of Motion There was no Business Arising from Procedural Notice of Motion introduced under this Section of the Agenda. 13 Unfinished Business 13.1 Report CLD -017-16 — Request for Refreshment Vehicle By-law Extension This matter was discussed earlier in the meeting. 14 By-laws Resolution #C-124-16 Moved by Councillor Hooper, seconded by Councillor Cooke That leave be granted to introduce By-laws 2016-040 and 2016-041 and By-laws 2016-043 to 2016-047 M 5-6 Council Minutes May 2, 2016 14.1 2016-040 Being a By-law to close and authorize the transfer part of the original road allowance between Lots 34 and 35, Concession 1 (Darlington) (Item 42 of the General Government Committee Report) 14.2 2016-041 Being a By-law to close and authorize the transfer part of the original road allowance between Lots 28 and 29, Concession .6 (Clarke) (Item 42 of the General Government Committee Report) 14.3 2016-043 Being a By-law to adopt the estimates of all sums required during the year, to strike rates and levy taxes for municipal purposes for the year 2016 and to provide for the collection thereof (Approved by Council on March 21, 2016) 14.4 2016-044 Being a By-law to appoint private property Parking Enforcement Officers (Item 37 of the General Government Committee Report) 14.5 2016-045 Being a By-law to amend Responsible Pet Owners By-law 2013-024 (Item 39 of the General Government Committee Report) 14.6 2016-046 Being a By-law to amend Zoning By-law 2005-109, the Comprehensive Zoning By-law for the Oak Ridges Moraine portion of the Corporation of the Municipality -of Clarington (City Homes) (Item 4 of the Planning & Development Committee Report) 14.7 2016-047 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Valleymore Land Corp.) (Approved by Council on February 8, 2016); and That the said by-laws be approved. Carried 15 Procedural Notices of Motion There were no Procedural Notices of Motion introduced under this Section of the Agenda. 16 Other Business 17 Confirming By -Law Resolution #C-125-16 Moved by Councillor Hooper, seconded by Councillor Cooke That leave begranted to introduce By-law 2016-048, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 2nd day of May, 2016; and -7- 5-7 That the said by-law be approved. Carried 18 Adjournment Resolution #C-126-16 Moved by Councillor Cooke, seconded by Councillor Neal That the meeting adjourn at 7:43 PM. Mayor Carried SPIE Council Minutes May 2, 2016 Municipal Clerk Agricultural Advisory Committee of Clarington Meeting Thursday, 'May 12th, 2016 Members Present: Elgin Greenham. Brenda Metcalf Les Caswell Mary Ann Found Tom Barrie Eric Bowman Ted Watson John Cartwright Jenni Knox Regrets: Councillor Partner, Henry Zekveld, Don Rickard Guests: Paul Ruttan, Dave Keys, Melvin Ramcharitar, Blackbird and Dawnette Allen, MTO; Councillor Neal Staff: Faye Langmaid and Hana Drlda, Planning Services Brenda welcomed all to the meeting, with introductions. Adoption of Agenda 016-12 Moved by Eric Bowman, seconded by Tom Barrie "That the Agenda for May 12th, 2016 be adopted" Carried Approval of Minutes 016-13 Moved by Ted Watson, seconded by John Cartwright "That the minutes of the April 14th, 2016 meeting be approved" Carried Construction of 407 and 418 • Extend Highway 407 as a four -lane highway about 22 kilometers, from Harmony Road in Oshawa to Highway 35/115 in Clarington; • Connect Highway 401 and .Highway 407 with a 10 -kilometre north -south, four - lane freeway numbered as Highway 418; • Include freeway -to -freeway interchanges at Highway 401/Highway 418 and Highway 407/Highway 418; • Include a freeway -to -freeway interchange at Highway 407/Highway 35/115; 10-1 • Include interchanges at: o Highway 407 at Enfield Road; o Highway 407 at Regional Road 57; o Highway 407 at Darlington Clarke Town Line; o Highway 418 at Highway 2; o Highway 418 at Taunton Road (partial interchange); and o Establish a supporting maintenance facility • By late 2017, Highway 407 from Harmony Road to Taunton Road/Highway 418 will be open to traffic (Phase 2A). • By late 2019, Highway 407 and Highway 418 will be open to traffic (Phase 2B). • This Project will cost approximately $1.2 billion, which will include design, construction and Operations, Maintenance and Rehabilitation of Highway 407 and Highway 418 for 30 years after Phase 2A of the Project is open to traffic. • This project is proceeding under Infrastructure Ontario's Design, Build Finance and Maintain model. • -Highway 407 and Highway 418 will be owned by the Government of Ontario Infrastructure Ontario selected Blackbird Infrastructure 407 GP in March, 2015 as the consortium to design, build, finance and maintain Highway 407 East Phase 2. At this point Blackbird is 90% complete in the design stages, the design is audited by an independent design firm and MTO. Earthworks have started within 11/2 months will be occurring in all phases. In Phase 2A 8 bridges are under construction another 10 bridges are required. Committee concerns: dust — the growing season is upon us and certain crops are much more vulnerable to dust than others. There needs to be sensitivity of the truck drivers about the crops and the impacts they are have on the adjacent crops. If calcium can be used in certain areas there should be consideration for the crops it could impact or assist. Accessing of all remnant parcels for agricultural equipment, needs to be sorted out between all of the various players. Fencing — for pasture lands has to be implemented immediately when fencing is cut. Along the Highway new fence was to be page -wire not chain link, the Municipality was very clear that they wished to maintain rural character through Clarington. MTO should review comments in the EA and item to be further discussed at MTAG. Signage on some of the detours is confusing, this needs to be widely and better communicated than just posting to the website. 10-2 Agricultural Advisory Committee of Clarington May 12th, 2016 Business Arising from Minutes Surplus Farm Dwelling Severance Policies; Durham Region staff have, circulated their discussion paper for comments. Based on the comments from last meeting Don Rickard has been meeting with various politicians across the Region to express concern from the farmers' point of view with the recommendation to eliminate non -abutting severances. Don and others should keep informing Regional politicians of the concern with this shift in policy and the impacts it will have on the ability of local farmers to purchase land and expand their businesses. There will be a report from staff going to Clarington Council with Municipal comments on this policy recommendation in early - June. Brenda will write a letter with comments from the Committee to Durham Region. Correspondence and Committee Reports Nominations for Agriculture Awards: Brenda clarified that the Spirit of'Agriculture Award can go to any one, a business, organization, family or individual. Nominations are due in September. MPAC Assessments of Value -Added: Recent communication from MPAC on their review, new assessments will be out later this year, Mike Porporo from MPAC and one of his colleagues with expertise will come to August meeting to review which is in advance of the assessments being finalized. 4 -Plan Review — Announced this week, Faye provided links via e-mail and the Open House that are being held locally are in Oshawa and Peterborough are on June 23 ,and 28 respectively. Staff will be reviewing and providing comments which are due in September. Suggested that the July meeting focus the 4 -plan review. Durham Agriculture Advisory Committee — September 15th is the DAAC tour. There will be tile drain installation and drone demonstrations. The event will be at the new Loa - de -Mede (Werry) farm and new Schillings farm. $77 million in road works annually in Durham is spent, this year RR57 between the 8th and 9th Concession is included. Durham Region Federation of Agriculture —Farm Connections, having wrap up meeting and beginning planning for next year. Mary Ann has been on day -time TV as follow-up. Agriculture trailer is arriving next week, kiosk the week of May 27th, will try of Brooklin Fair but not sure all will be ready. Celebrate Agriculture Gala is scheduled for October 27th at Royal Ashburn. Clarington Board of Trade - Don is now the Past President. Sheila represented agriculture very well this week at the Innovation Summit. As the largest economic sector it was disappointing that the Innovation in Agriculture that is employed across the Region to achieve this status was not well recognized by others. Agricultural Advisory Committee of Clarington May 12th, 2016 10-3 New Business 016-14 Moved by Jennifer Knox, seconded by Tom Barrie The Agricultural Advisory Committee of Clarington thanks Council for its recognition of Arnot Wotten, the first chair of the AA CC and a well-respected agricultural leader in our community for his involvement and work to ensure the development of Enniskillen Fire Hall which supports the rural community by renaming it as the Arnot Wotten Fire Hall. Carried Farmers Parade of Lights, recently had wrap-up meeting from 2015, many lessons to be learned. It has been recommended that the route change and utilize RR57 rather than travelling through Enniskillen and Haydon, it would still travel the 7th over to Tyrone. Waiting from a response from Durham Region as to whether they will allow for closing down of RR57 for 1 % to 2 hours for the parade. Peterborough Exhibition — focus is shifting and will be more on agriculture than it has been for the past few years. Working to get back to the audience and type of fair it was many years ago, would also like to return to the Memorial Centre. "did you know" — Faye will send time of Fire Hall renaming ceremony on May 14th at 10:30 a.m. and also the video of John Conrad his role in the evacuation of Fort McMurray. Future Agendas Lisa Backus will attend in July to assist with understanding the 4 -Plan review. Fire Chief on rehearsal for a forest fire in Ganaraska Forest or Long Sault in October. Erin O'Toole MP and Kim Rudd MP will attend future meetings, when their schedule can accommodate. Faye to request tour of the Police Building and meeting with Police on bio -security, livestock issues, etc. Eric Bowman moved to Adjourn. Next Meeting, June 9th, 7:30 p.m. Room 1C at Municipal Administrative Office Katie Wood is a local girl raised on a Simmental farm on Rice Lake, She has just left her job in Saskatchewan, and is with University of Guelph, she is a professor studying on cow nutrition and the growth on its calves. Agricultural Advisory Committee of Clarington May 12th 2016 10-4 Cky ing General Government Committee Report to Council Report to Council Meeting of May 24, 2016 Subject: General Government Committee Meeting of Monday, May 9, 2016 Recommendations: 1. Receive for Information (a) 8.1 Minutes of the Newcastle Village Community Hall Board dated March 15, 2016 (b) 8.2 Minutes of the Tyrone Community Centre dated April 20, 2016 (c) 8.3 Minutes of the Ganaraska Region Conservation Authority dated April 21, 2016 (d) 8.4 Minutes of the Central Lake Ontario Conservation Authority dated April 19, 2016 (e) 8.5 Jason Carrier — Request for Rainbow Painted Crosswalks (f) 8.7 Melodee Smart, Administrative Assistant, Works Department, The Regional Municipality of Durham — Durham/York Energy From Waste Project — Submission of the 2015 Annual Groundwater and Surface Water Monitoring Report (g) 8.9 Melodee Smart, Administrative Assistant, Works Department, The Regional Municipality of Durham — Durham/York Energy From Waste Project — Submission of the Durham York Energy from Waste Project, Third Party Independent Audit Report — Operation Year 2015 (h) 8.8 Melodee Smart, Administrative Assistant, Works Department, The Regional Municipality of Durham — Durham/York Energy From Waste Project — Response to the Ministry of the Environment and Climate Change Comments of April 13, 2016, Regarding the Durham York Energy Centre Annual Report Page 1 10-5 avhwm General Government Committee Report to Council (i) 8.6 Debi A. Wilcox, Regional Clerk/Director of Legislative Services, The Regional Municipality of Durham — Proposed Excess Soil Management Policy Framework, Ministry of the Environment and Climate Change Environmental Bill of Rights Registry #012-6065 (2016-J-9) 0) 9.2 Brenda M. Brunt, Director of Corporate Services/Clerk, Municipality of South Dundas — Rural Economic Development (RED) Program (k) CLD -018-16 Recording of "Declaration of Interest" in Minutes (1) COD -008-16 Tourism Update, Strategy and Metrics (m) FND-007-16 Building Permit Fees Annual Report For 2015 (n) FND-008-16 Financial Update as at March 31, 2016 2• Linda Lowery and Ted Dionne, Heads Up Durham, Regarding Brain Injury Awareness Month That the delegation of Linda Lowery and Ted Dionne, Heads Up Durham, regarding Brain Injury Awareness Month, be received with thanks. 3• Dave Keys, Environmental Manager, Blackbird Constructors 407 General Partnership — Request for Exemption to Noise By-law 2007-071 That the exemption for Blackbird Constructors 407 General Partnership, regarding the 407 East Phase 2 construction project, to the Municipality's Noise By-law, from June 1, 2016 to November 30, 2016, be approved. 4• Jerica Doiron, Board Member, Pride Durham Inc. — Request for Flag Raising That the raising of the Pride Durham flag on May 30, 2016 to June 6, 2016, be approved. For Council Meeting of May 24, 2016 Page 2 General Government Committee Report to Council 5• Amanda Gubbels, Clerk/Deputy Administrator, Township of Warwick — Physician Recruitment That the following Municipality of Bluewater resolution, endorsed by the Township of Warwick, regarding Physician Recruitment, be endorsed by the Municipality of Clarington: Whereas Ontario's growing and aging population is putting an increasing strain on our publicly -funded health care system; And Whereas since February 2015, the Ontario government has made an almost 7% unilateral cut to physician services expenditures which cover all the care doctors provide to patients - including cuts to programs which are specifically designed to act as incentives for physicians to practice in rural areas; And Whereas the decisions Ontario makes today will impact patients' access to quality care in'the years to come and these cuts will threaten access to the quality, patient -focused care Ontarians need and expect; And Whereas Ontario in experiencing a growing rural population as retirees move to the countryside; And Whereas many rural municipalities in Ontario have formed physician recruitment and retention committees and strategies to deal with the reality of physician retirements and shortages; And Whereas rural areas in Ontario are already ata distinct disadvantage in recruiting family physicians due to a number of factors; Now Therefore Be It Resolved that the Council of the Municipality of Bluewater hereby requests that the Minister of Health and Long Term Care reinstate incentives for physicians to practice in rural areas of Ontario, and that the minister return to the table with Ontario's doctors and work together through mediation -arbitration to reach a fair deal that protects the quality, patient -focused care Ontario families deserve; and That copies of this resolution be sent to the Premier of Ontario, the federal and provincial Ministers of Health, the Ontario College of Physicians and Surgeons, Municipality of Bluewater and Township of Warwick. For Council Meeting of May 24, 2016 Page 3 10-7 General Government Committee Report to Council s• J. & P. Leveque Bros. Haulage Ltd. — Request for Exemption to Noise By law 2007-071 That the exemption for J. & P. Leveque Bros. Haulage Ltd., regarding the Ministry of Transportation of Ontario's request for a by-law exemption, for the project at the Holt Road Interchange, to the Municipality's Noise By-law 2007-071 from May 25, 2016 to August 1, 2016, be approved. 7• Lambs Lane Reconstruction Public Information Centre That Report EGD -02446 be received; and That all interested parties listed in Report EGD -024-16 and any delegations be advised of Council's decision. $• Sponsorship Request — Clarington Board of Trade and Office of Economic Development That Report CSD -009-16 be received; That the sponsorship request for the Clarington Board of Trade and Office of Economic Development, in the amount of $1250.00, be approved; and That all interested parties listed in Report CSD -009-16 and any delegations be advised of Council's decision. 9. Appointment to the Energy From Waste — Waste Management Advisory Committee That Report CLD -019-16 be received; That John Hicks be appointed for a two-year term or until a successor is appointed,' from the Municipality of Clarington, to the Region of Durham's Energy From Waste — Waste Management Advisory Committee, in accordance with the Appointments to Boards and Committees Policy; and That all interested parties listed in Report CLD -019-16 and any delegations be advised of Council's decision. For Council Meeting of May 24, 2016 ow Ciadwon General Government Committee Report to Council 10. Visual Arts Centre Lease Renewal That Report COD -007-16 be received; That approval be granted for the Municipality to renew the lease agreement with the Visual Arts in a form acceptable to the Municipal Solicitor inan amount of $2.00 per year for a ten (10) year period commencing on May 12th, 2016 to May 11th, 2026; That the Purchasing Manager be authorized to extend this 10 year lease agreement for up to two additional five (5) year terms; and That the Mayor and the Clerk be authorized to execute the necessary agreements 11. Joint Health and Safety Committee — 2015 Summary That Report COD -009-16 be received; and That Council endorse the updated Health and Safety Policy and Statement, contained as Attachment #3 to Report COD -009-16. 12. Jackman Road Reconstruction That Report COD -010-16 be received; That Bennington Construction Inc. with a total bid amount of $1,118,061.34 (net H.S.T. Rebate), being the lowest compliant bidder meeting all terms, conditions and specifications of Tender CL2016-2 be awarded the contract for road reconstruction work on Jackman Road as required by the Engineering Services Department; That the funds required for this project in the amount of $1,355,000.00 (net HST Rebate), construction costs of $1,118,061.34, and other related costs such as survey, design, contract administration, utilities relocations, materials testing and contingencies of $236,938.66 be drawn from the following accounts: Jackman Road Reconstruction (2014 & 2015) Boundary Road Rehabilitation (2015) 110- 32-330-83424-7401 $607,000.00 110-32-330-83435-7401 $ 28,000.00 Pebblestone Road Rehabilitation (2014) 110-32-330-83429-7401 $ 80,000.00 Durham Region's Portion For Council Meeting of May 24, 2016 $640,000.00 Page 5 • avhWm General Government Committee Report to Council 13. Multi-functional Digital Copiers That Report COD -011-16 be received; That the proposal received from Toshiba of Canada Limited being the most responsive bidder meeting all terms, conditions and specifications of RFP2016-1, be awarded the contract by the Purchasing Manager for the supply and maintenance of Multi -functional Digital Copiers as required by the Municipality of Clarington for a five year term. The estimated annual value of the contract is approximately $65,162.12 (net HST Rebate); and That the funds be drawn for the current operation budget account # 100-16-130-00000-7152. 14. Confidential Verbal Report from Andrew Allison, Municipal Solicitor and David Crome, Director of Planning Services, Regarding a Property Matter — Potential Purchase That Resolution #CGG-005-16, passed in Closed Session, be ratified. For Council Meeting of May 24, 2016 10-10 Page 6 Planning & Development Committee Report to Council Report to Council Meeting of May 24, 2016 Subject: Planning & Development Committee Meeting of Monday, May 16, 2016 Recommendations: Receive for Information (a) 10.1 Tara Stephens, Acting City Clerk, City of Welland — Registration, Licensing and Setting of Provincial Standards for Private Supportive Living Accommodations (b) PSD -036-16 Draft Zoning By-law for the Courtice Main Street Secondary Plan Area — East of Farewell Creek (c) PSD -039-16 Upcoming Release of Draft Official Plan Amendment for the Comprehensive Official Plan Review (d) PSD -040-16 Co-ordinated Provincial Review of the Growth Plan for the Greater Golden Horseshoe; Greenbelt Plan, Oak Ridges Moraine Conservation Plan and Niagara Escarpment Plan Summary of Proposed Changes 2. An Application by 988925 Ontario Inc. to Permit Two, Five -Storey Mixed Use Buildings in Courtice Town Centre That Report PSD -035-16 be received; That the applications to amend Zoning By-law 84-63, submitted by 988925 Ontario Inc. to permit two, five -storey, mixed-use buildings, continue to be processed and that a subsequent report be prepared; and That all interested parties listed in Report PSD -035-16 and any delegations be advised of Council's decision. Page 1 10-11 ayww Planning & Development Committee Report to Council 3• An Application by Veltri and Son Limited to Permit the Creation of One Single Detached Dwelling lot on Borland Court, Bowmanville That Report PSD -037-16 be received; That the Zoning By-law amendment application submitted by Veltri and Son Limited be approved as contained in Attachment 1 to Report PSD -037-16; That a by-law to remove the (H) Holding Symbol be forwarded to Council once all -the requirements of the Clarington Official Plan are satisfied including a clearance letter from the Region of Durham regarding site contamination; That the Region of Durham Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD -037-16 and Council's decision; and That all interested parties listed in Report PSD -037-16 and any delegations be advised of Council's decision. 4• Municipally -Initiated Zoning By-law Amendment for Properties Fronting on Tooley Road in Courtice That Report PSD -038-16 be received; That the Zoning By-law Amendment be approved as contained in Attachment 1 of Report PSD -038-16 with the exception that the southerly 14.8 metres of the lot at 4270 Tooley Road be zoned with a special exception permitting a minimum interior lot frontage of 14.5 metres but containing all other"provisions of the R1-95 zone; That the Durham Regional Planning and Economic Development Department be forwarded a copy of Report PSD -038-16 and Council's decision; and That all interested parties listed in Report PSD -038-16 and any delegations be advised of Council's decision. For Council Meeting of May 24, 2016 10-12 Page 2 Unfinished Business 13.1 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: Date of Meeting: Addendum to Report: File Number: Council May 24, 2016 PSD -033-16 Well Resolution: By-law Number: Report Subject: Extension to Draft Approval for 19 Estate Residential Lots by Michael and Cathy Clark Part Lot 1, Concession 1 in the former Township of Clarke Recommendations: That Addendum to Report PSD -033-16 be received; 2. That extension to Draft Approval for 18T-89007 be supported subject to the Conditions as contained in Attachment 2 to PSD -033-16 and that no further extensions be granted; 3. That the Durham Regional Planning and Economic Development Department, Municipality of Port Hope and Municipal Property Assessment Corporation be forwarded a copy of Report PSD -033-16 and the Addendum Report to PSD -033-16 and Council's decision; and 4. That all interested parties listed in Report PSD -033-16 and the Addendum Report to PSD -033-16 and anv delegations be advised of Council's decision. 13-1 Municipality of Clarington Addendum to Report PSD -033-16 Page 2 Report Overview At its meeting of May 2, 2016, Council referred Staff Report PSD -033-16 to the Council meeting of May 24th, 2016 and requested staff meet with staff from the Municipality of Port Hope to discuss their proposed Conditions of Draft Approval and their concerns regarding an extension of Draft Approval for a 19 lot estate residential subdivision in the former Township of Clarke. A meeting was held on May 5, 2016, to explore alternative means of achieving the Municipality of Port Hope's objectives, while allowing for the extension to draft approval with conditions that Clarington Staff were prepared to support. All proposed solutions were unacceptable to Port Hope. Staff recommend Report PSD -033-16 now be approved. 1. Background 1.1 At the Council Meeting of May 2, 2016, Council deferred making a decision on Report PSD -033-16 to the May 24, 2016 Council meeting. Report PSD -033-16 recommended an eighteen (18) month extension to a draft approved plan of subdivision to allow the applicant to fulfill all conditions and register the plan. The report also discussed concerns raised by the Municipality of Port Hope regarding the extension to draft approval. Port Hope requested that the extension not be granted since the draft approval was granted many years prior and does not meet with current provincial directives. Port Hope requested that if the extension to draft approval was granted, additional Conditions of Draft Approval be imposed. 1.2 The draft approval was set to lapse on April 27, 2016, and as such the Director of Planning Services, under delegated authority, issued a one month extension to draft approval, so that Staff from Planning Services could meet with Staff from Port Hope. 1.3 On May 5, 2016 staff met with Staff from Port Hope to explore alternatives to achieve Port Hope's main desire to protect for an interchange at the Townline Road East and. the Highway 401. 1.4 A lengthy discussion resulted in an impasse. Staff from Port Hope requested that no extension be granted and if it was, that all conditions as previously requested be added to the Conditions of Draft Approval for this subdivision. 2. Discussion 2.1 The main concern from Port Hope's perspective is the potential impediment the subdivision would create to their desire to create an interchange at East Townline Road and Highway 401, Port Hope staff are confident that the interchange will not be impacted by the existing eastbound OnRoute in Port Hope or the future weigh scale station on the north side of the west bound 401 lanes east of Townline Road. Staff suggested that the conditions of Draft Approval be amended and that Open Space Block 21 be conveyed to the Municipality of Clarington should an interchange at East 13-2 Municipality of Clarington Addendum to Report PSD -033-16 Paqe 3 Townline Road become a reality, having these lands in public ownership will avoid the necessity of expropriation. Port Hope staff did not believe this would satisfy the future land requirements for an interchange or address potential land use conflicts caused by the residential developments proximity to the interchange. Staff also explored the option of dedication of the Open Space Blocks with the applicant who advised it would negatively impact their real estate deal. 2.2 Staff remain of the opinion that the conditions of Draft Approval requested by Port Hope are either: a) satisfied; b) contrary to the Region's Official Plan; or c) not relevant to the extension of draft plan approval. As such the conditions, as requested are not recommended to be imposed. Staff from Port Hope advised they will be seeking direction from their Council as to whether or not to appeal the Director's decision to extend draft approval to the Ontario Municipal Board. As previous noted, the applicant would be responsible for all costs associated with defending the extension to draft approval in the event of an appeal. 3. Conclusion 3.1 As previously mentioned, the Owners are motivated to fulfill Conditions of Draft Approval and register the plan. If an extension is not granted, the conditions will lapse and the draft approved plan will expire. It is respectfully recommended that the extension of draft approval for an additional 17 months, being October 27, 2017 be approved. 4. Strategic Plan Application Not applicable 13-3 Municipality of Clarington Addendum to Report PSD -033-16 Submitted by: Davi . Crome, MCIP, RPP Director of Planning Services Paae 4 Reviewed b�--- Franklin Wu, Chief Administrative Officer Staff Contact: Cynthia Strike Principal Planner, 905-623-3379 ext. 2410 or cstrike@clarington.net Attachments: Attachment 1: Report PSD -033-16 Attachment 2: Conditions letter from Port Hope Attachment 3: Conditions email from Port Hope The following is a list of the interested parties to be notified of Council's decision: Theodhora Merepeza, Municipality of Port Hope Peter Angelo, Municipality of Port Hope Jennifer Savini, Templeton Meeninga Robbie Laroque, D.G Biddle Cathy Clark 13-4 Municipality of Clarington CltvhWn Attachment 1 to Addendum to Report PSD -033-16 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: . Planning and Development Committee Date of Meeting: April 25, 2016 Report Number: PSD -033-16 Resolution: File Number: 18T-89007 By-law Number: Report Subject: Extension to Draft Approval for 19 Estate Residential Lots Recommendations: 1. That Report PSD -033-16 be received; 2. That the extension to Draft Approval for 18T-89007 be supported subject to the Conditions as contained in Attachment 2 to PSD -033-16 and that no further extensions be granted; 3. That the Durham Regional Planning and Economic Development Department, Municipality of Port Hope and Municipal Property Assessment Corporation be forwarded a copy of Report PSD -033-16 and Council's decision; and IV That all interested parties listed in Report PSD -033-16 and any delegations be advised of Council's decision. 13-5 Municipality of Clarington Report PSD -033-16 Page 2 Report Overview The report recommends an extension to draft approval for a period of eighteen months to October 27, 2017, as well as advises Committee and Council of concerns from the Municipality of Port Hope regarding the extension to Draft Approval. 1. Application Details 1.1 Owner/Applicant: Michael and Cathy Clarke 1.2 Proposal: 19 lot estate residential subdivision 1.3 Area: 32 hectares 1.4 Location: Part Lot 1, Concession 2, former Township of Clarke (see Figure 1) 1.5 Roll Number: 030-010-05610 1.6 Within Built Boundary: No Figure 1: Subject Property 13-6 Municipality of Clarington Report PSD -033-16 Page 3 2. Background 2.1 In 1988, the Region of Durham approved an Official Plan Amendment to permit a 19 lot estate residential subdivision at the most easterly boundary of the Municipality. The implementing zoning by-law was approved by the Town of Newcastle in 1991. The Region Draft Approved the subdivision on July 21, 1992. 2.2 Prior to 1995, the Region of Durham was the subdivision approval authority. Plans of subdivision were draft approved with no time limit for obtaining final approval. In 2011, the Municipality of Clarington amended Conditions of Draft Approval for 18T-89007, by including an expiry date of 3 years to 2014. In 2014, an application for extension to Draft Approval was granted by the Director of Planning Services. At that time the Conditions of Draft Approval were amended by adding conditions to ensure development would proceed in keeping with current policies and guidelines and changed the expiry to April 27, 2016. 2.3 The Owners have retained an engineering firm to prepare engineering drawings as part of fulfilling conditions of draft approval, however, they cannot obtain final approval in advance of the April 27, 2016 expiry date. As a result, the Owners have requested an 18 month extension to October 27, 2017. 2.4 Complete engineering drawings are just one component of fulfilling conditions of draft approval, yet are integral to ensuring all the details of the development can proceed in keeping with various policies and guidelines. The engineering drawings are approved by the Municipality's Director of Engineering Services, the Conservation Authority, Region of Durham and in this instance, the Ministry of Transportation because the subject property abuts Highway 401. At the time of draft approval, the Township of Hope, (now the Municipality of Port Hope) had two conditions as follows: 10. That the Owner shall retain a professional engineer to prepare and submit a Master Drainage and Lot Grading Plan to the Town of Newcastle for approval. All plans and drawings must confirm to the Town's Design Criteria as amended from time to time. The Owner shall also submit a copy of this plan to the Township of Hope. 29. That prior to final approval of this plan, the Owner shall satisfy all requirements, financially and otherwise of the Township of Hope. This includes a contribution to Boundary Road." 2.5 Since receiving the first engineering submission, the staff at the Municipality of Port Hope advised Clarington of concerns with the estate residential subdivision. Following a meeting with staff from Port Hope, a letter was received requesting that a number of conditions be added and recommended that an extension to draft approval not be granted stating that the draft approved plan does not conform to and is not consistent with provincial policy directives. 13-7 Municipality of Clarington Report PSD -033-16 Paqe 4 On March 31, 2016, a further objection was received from Port Hope regarding a requirement that Open Space Block 21 be merged with Lot 14. In their view, the Open Space Block would be required for a future interchange at Townline Road East and Highway 401. In addition, the more northerly Open Space Block 20 should have a second access on Regional Road 2. The draft plan was redlined as a condition of draft approval by the Region of Durham in 1992 (see Attachment 2). 3. Discussion 3.1 The Municipality of Port Hope is requesting an amendment to the most recent Conditions of Draft Approval (2014) that are beyond the original request. The amendment includes the requirement for 8 additional studies and compliance with Port Hope's Site Alteration and Fill By -Law: One of the studies requested was to determine the amount of land required to build an interchange at East Townline Road to support rural employment. Detailed stormwater management plans and studies were submitted by the applicant's engineering consultant with the engineering submission in September 2015. Both Clarington Engineering Services, Ministry of Transportation and the Conservation Authority support, in principle the engineering, however require additional information with the second engineering submission. The Township of Hope in its condition of Draft Approval in 1992, only requested a copy of the approved Master Grading and Lot Grading Plan but did not specifically request to approve the drawings. 3.2 Staff are of the opinion that some of the requests have either been satisfied, such as the hydrogeological study which was peer reviewed and accepted by the Region of Durham in 2015; not permitted such as communal systems which are contrary to the Region's Official Plan; or studies that are not relevant to the draft plan and appear to be geared to support development on land external to the draft plan such as an interchange which is not identified in the relevant Official Plans or by the Ministry of Transportation. Additional conditions requiring studies or assessments to address the impacts of this development on natural heritage features, emergency services and soft services in an adjacent municipality are not warranted, nor is a traffic impact study to assess intersection improvements generated by 19 estates residential lots. 3.3 The subject property is identified as Protected Countryside in the Province's Greenbelt Plan of 2005. The approvals for this development were granted prior to the Greenbelt Plan and Provincial Policy Statement coming into effect. in 2005 and as such development can proceed provided the Conditions of Draft Approval can be satisfied. 3.4 The Director of Planning Services has delegated authority for the disposition of subdivisions and is recommending an eighteen month extension and that no further extensions be granted. This application has been draft approved for almost 24 years. The applicants have been granted numerous extensions and have not been able to obtain final approval. Furthermore, the subject site is in the Greenbelt and would not be Municipality of Clarington Resort PSD -033-16 Page 5 permitted under current environmental policies in the Regional and Clarington Official Plans with the extension proposed, the approvals will have been in place for over 25 years. If it can't proceed by then, the approval should lapse. The conditions requested by The Municipality of Port Hope are not included in the amendment to the condition of draft approval. The Director of Planning Services will issue a Notice of Decision advising interested parties of the decision and advising of the appeal date which is 20 days after the decision is made, for anyone wishing to appeal. At that time, the Municipality of Port,Hope may appeal the Director's decision to the Ontario Municipal Board. The applicant.would be responsible for.all costs associated with defending the extension to draft approval in the event of an appeal. 4. Conclusion The Owners are motivated to fulfill conditions of draft approval and register the plan. If an extension is not granted the conditions will lapse and the draft approved plan will expire. It is respectfully recommended that the extension of draft approval for eighteen months, being October 27, 2017 be approved. 5. Strategic Plan Application Not applicable 13-9 Municipality of Clarington Report PSD -033-16 Page 6 Submitted by: Reviewed by: David /brome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer Staff Contact: Cynthia Strike Principal Planner, 905-623-3379 ext. 2410 or cstrike@clarington.net Attachments: Attachment 1: Redlined Draft Approved Plan of Subdivision Attachment 2: Amendment Conditions of Draft Approval The following is a list of the interested parties to be notified of Council's decision: Theodhora Merepeza, Municipality of Port Hope Robbie Laroque, G.D. Biddle Cathy Clarke 13-10 .1 oo��.�:a_:�tc�;:s+ �?:' ice; - •`(::` - ---;:�t-;=�--�.a� -- ...-, -._,,.�-.,-��. . �F�t7�k�F . ?•�i- „1• - . �._ _c,::, -i ,.�./.�r,,,v,:-�lw,`.s c?p:- ,r •�.f _ _ nsl •/. . y , Vit% _'irF ���-: >t.h - - - - -...- _ .. .....:1'- - __ - - - - __ - - �`.�.•` _ .. �..�_.. __:. ,. _ . 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"jJM- �" �:f - -is K.,.f - .•-�' _ _ -•b+lEv.Ny fa/�pJ A'�%,. _ _:.t .: 1 ✓ {{ �'��/ SIl2W4l: E��'tB ¢�• CC7MF-xN'.rY L/SMlT�O' _ M 4y-'�; A -,9a1. \.'�"'ii.>_ _. •y- _ .J%C: ':kr- --1690 .+f '� _-•?la... '%' -- na0'� NAst/�4.'. t. _ -!!.-t i?' - • _ _ +�i.1<.-_ ,.AE.�-//-9!"1J., .f4_,}sB:- - _ d*'� : .-t'z+`t� _ v 5 ' .T.�e:: CAS) :'o-`i?,^a-s$t. ': r .•..,. ' . uc� � . ii ".�,1�,' ,.`jr...c. uY;'x}-�it;,�.t! f :�;j�:. _ - .I :5'y-'?;:: i:: _ +::r;y';f: �: �.a�•�'4c..>ra:ue _ - '�vs•E-o,�Ya9m ��:� �-ro�" -R+o tid•'tNh D�:lul i ,�./. � .�ir'i�'i�`i' �! S'~ ,l-: - '':+�.? y__w't"„'::�'� �— - �e.—:����••-`--:�f�a�_._... ./2�tM.�YaO. � i Attachment 2 to Municipality of Clarington Report PSD -033-16 AMENDMENT TO THE CONDITIONS OF DRAFT APPROVAL DRAFT PLAN OF SUBDIVISION 18T-89007 The Notes to Draft Approval are amended to add a new Note 1, as shown below, and the existing Notes to be renumbered accordingly. If final approval is not given to this plan by October 27, 2017 of the amendment to draft approval date, and no extensions have been granted, draft approval shall lapse and the file shall be CLOSED. 13-12 Municipality of Clarington Attachment 2 to Addendum to Report PSD -033-16 Cynthia Strike (By e-mail) Principal Planner Planning Services Department Municipality of Clarington 40 Temperance Street Bowmanville, ON L1 C 3A6 March 10, 2016 Subject: Clarke Subdivision — 19 Estate Residential Units File No.18Tm69007 The Draft Approved rural subdivision (19 residential estate lots on private services on an approximate 13.6 ha parcel) in the Municipality of Clarington (referred as Clarke Subdivision) is proposed between the Highway 401 and County Road 2, with the main access on East Townline Road which is a boundary road between the Municipality of Port Hope and Clarington. Although the original Draft Approval for this proposed subdivision was granted in 1992 (24 years ago), to our knowledge, the Municipality of Port Hope (or its predecessor) has not previously been contacted by the landowner or any representative to determine what the Municipality's requirements are with respect to satisfying the Conditions 19 and 29 of the current Draft Approval until recent inquiries were received from D.C. Siddle and Associates Limited on behalf of the landowner. Contemporaneous with the inquiry from D.G. Biddle and Associates Limited, you have notified us that the current conditions of the draft approval as set out in Consolidated Conditions of Draft Approval (Date of Consolidation July 22, 2015) are set to expire on April 27, 2016. Accordingly, we take this opportunity to advise that in order to satisfy Conditions 19 and 29 of the Draft Approval, the Municipality of Port Hope (MPH) would require all of the following: 1) The proponent shall, in consultation with Ministry of Transportation and MPH, provide a transportation environmental study assessment, including but not limited to determination of the extent of lands required to construct a full movement intersection to support the unconstrained development of the existing employment generation lands between East Townline Road and Wesleyville road; and Page 1 of 3 13-13 TOWN HALL 56 Queen Street Port Floe, ON L1A 3Z9 t: 905.895.4544 905.885,7698 ¢• admin@porthope.ca ti,ur�ic€�� a imm.porihope.ca PORV HOPE Cynthia Strike (By e-mail) Principal Planner Planning Services Department Municipality of Clarington 40 Temperance Street Bowmanville, ON L1 C 3A6 March 10, 2016 Subject: Clarke Subdivision — 19 Estate Residential Units File No.18Tm69007 The Draft Approved rural subdivision (19 residential estate lots on private services on an approximate 13.6 ha parcel) in the Municipality of Clarington (referred as Clarke Subdivision) is proposed between the Highway 401 and County Road 2, with the main access on East Townline Road which is a boundary road between the Municipality of Port Hope and Clarington. Although the original Draft Approval for this proposed subdivision was granted in 1992 (24 years ago), to our knowledge, the Municipality of Port Hope (or its predecessor) has not previously been contacted by the landowner or any representative to determine what the Municipality's requirements are with respect to satisfying the Conditions 19 and 29 of the current Draft Approval until recent inquiries were received from D.C. Siddle and Associates Limited on behalf of the landowner. Contemporaneous with the inquiry from D.G. Biddle and Associates Limited, you have notified us that the current conditions of the draft approval as set out in Consolidated Conditions of Draft Approval (Date of Consolidation July 22, 2015) are set to expire on April 27, 2016. Accordingly, we take this opportunity to advise that in order to satisfy Conditions 19 and 29 of the Draft Approval, the Municipality of Port Hope (MPH) would require all of the following: 1) The proponent shall, in consultation with Ministry of Transportation and MPH, provide a transportation environmental study assessment, including but not limited to determination of the extent of lands required to construct a full movement intersection to support the unconstrained development of the existing employment generation lands between East Townline Road and Wesleyville road; and Page 1 of 3 13-13 2) The proponent shall provide a comprehensive hydrogeological study to ensure the capacity and sufficiency of the development lands and water resources to support private onsite wells and septic systems including complete laboratory analysis in accordance with Safe Drinking Water Act and in consideration of the environmental protection areas surrounding the development; and 3) The proponent shall provide a detailed analysis for a communal water system and communal sanitary sewer system in support of all homes within the development, including fire protection, water treatment and wastewater treatment; and 4) The proponent shall provide a comprehensive storm water management study in compliance with MPH and Ganaraska Region Conservation Authority requirements; and 5) The proponent shall provide a detailed traffic impact assessment Including but not limited to requisite improvements to East Townline Road and potential signalization of East Townline Road at County Road 2 and provide sufficient consideration of EDR traffic for safe ingress and egress to both East Townline Road and County Road 2 including ensuring sufficient response times for fire and emergency services during such incidents; and 6) The proponent shall provide a detailed assessment of sufficiency for emergency response by fire, ambulance and police services, including but not limited to response times, shuttle service abilities, requirements for on-site fire -water storage tank(s), risk associated with singular access point to subdivision, etc.; and 7) The proponent shall provide a servicing impact assessment relative to 'soft - services' including the additional pressure this development will place on MPH's public transit system and limitations thereof, Parks Recreation and Culture facilities, library services, etc.; and 8) The proponent shall provide an Environmental Impact Study to determine impacts to natural heritage features and the wildlife that surrounds the residential block; and 9) The proponent shall address the requirements of MPH's Site Alteration and Fill By-law 47/2012 and shall provide a complete submission in compliance of same, including by not limited to chain of custody of all fill materials, laboratory analysis of soils by qualified persons and laboratories, confirmation of Table 1 and/or 2 soils as may be in order. If the proposed subdivision does not achieve Final Approval by the current due date, MPH firmly believes that no further extension should be granted. The reasons for such include: • The subject lands are outside an identified settlement area and the proposal is not considered necessary for development related to the management of uses of resources or resource-based recreational activities. Therefore the subdivision does not conform to. the Growth Plan for the Greater Golden Horseshoe, specifically the Sections 2.2.2 i) and j). Page 2 of 3 13-14 The subject lands are also identified as Natural Heritage System within th-6, "Protected Countryside" designation in the Greenbelt Plan n0- 5. This proposal does not conform to applicable policies of the plan. o The proposed subdivision in rural areas is not consistent with the Provincial Policy Statement (PPS) 2014, specifically Sections 1.1.5 (Rural Lands in Municipalities) and 1.6.6 (Sewage, Water and Storm Water). In addition, the area south of !=Highway 401 is designated as a Rural Employment Area of Wesleyville consisting mainly of "General Employment", "Service Employment", "Highway Commercial" and "General Agricultural" with close proximity to the rail corridor. Location of the proposed residential development approximately 200 m north of a major highway will jeopardize the ability of the necessary infrastructure to support the designated employment areas. In that regard we are of the view that the proposed subdivision would not conform with Sections 2.2.5, 2.2.6 of the Growth Plan and would not be consistent with Sections 1.3, 1.6.3, 1.6.9 and 1.7 of the PPS. If the proposed subdivision is to receive an extension to the current ®raft Approval, MPH recommends that the above -noted paragraphs be included as separate conditions of any ®raft Approval extension as a means of identifying the specific measures that would have to be taken to satisfy the Municipality as of this date. The above -noted paragraphs would be in addition to and not in lieu of existing conditions 19 and 29 in order that the Municipality's interests are protected should there be a further lengthy passage of time before the ®raft Conditions are satisfied, Should you require any additional information, please do not hesitate to contact the undersigned. S'ncerely, Theodhora Merepeza,.C.P., MCIP, RPP Municipal Planner Municipality of Port Hope CC. Robbie Larocque, Pang. Water Resources Manager, Associate D.G. Biddle and Associates Limited 96 King Street East Oshawa, ON L1 H 186 John Macdonald, Ministry of Municipal Affairs & Housing Page 3of3 13-15 Municipality of Clarington Gamble, Theresa From: Theodhora Merepeza <TMerepeza@porthope.ca> Sent: April -01-16 12:48 PM To: Strike, Cindy Cc: Pellarin, Carlo Subject: RE: Clarke Subdivision -Redlining -Blocks 20 and 21 Hi Cindy, Attachment 3 to Addendum to Report PSD -033-16 The rationale for our request is because the southern block (21) would be necessary for a future interchange and the northern block (20) should have a second access to Regional Road 2. Theodhora From: Strike, Cindy [mailto:cstrike@clarington.net] Sent: March -31-16 10:25 AM To: Theodhora Merepeza Cc: Pellarin, Carlo Subject: RE: Clarke Subdivision_REdlining_Blocks 20 and 21 Good morning Theodora, Could you please provide a rationale for your request? Cindy From: Theodhora Merepeza [mailto:TMerepeza@porthope.cal Sent: March -31-16 10:19 AM To: Strike, Cindy <cstrike@clarington.net> Cc: Peter Angelo <PAngelo@porthope.ca>; Jeanette Davidson <JDavidson @porthope.ca> Subject: Clarke Subdivision_REdlining_Blocks 20 and 21 Hi Cindy, As a follow up of our letter dated March 10, 2016 we would like to add another item: • Municipality of Port Hope objects the redlining of the Plan (i.e. that Block 21 shall form part of Lot 14 and Block 20 shall form part of Lot 6 or 7) Sincerely, Theodhora Merepeza, M.C.P., MCIP, RPP Municipal Planner Municipality of Port Hope 56 Queen Street Port Hope, ON UA 3Z9 905-885-2431 ext. 2507 tmerepeza(a.porthope. ca www.porthope.ca 13-16 Office Location: 5 Mill Street S "Development Team Values Statement. Our Development Team is committed to working with you our clients, with the highest degree of professionalism, accuracy and knowledge in a timely, coordinated and informed way. We value honesty, respect, collaboration and our ability to be responsive in a timely manner to our clients, colleagues and partners". This email communication is in response to an inquiry, an established business relationship between the parties or initial communication to establish a business relationship. In accordance with the anti -spam Federal legislation, If you wish to be removed from future communications; please respond to the sender of this email with written request to be removed and discontinue email communications. PRIVILEGE AND CONFIDENTIALITY NOTICE This e-mail thread and any attachments are intended only for the named recipient(s) and may contain information that is legally privileged, confidential, or exempt from disclosure As regulated by the Personal Information Protection and Electronic Documents Act, S.C.2000 C5,. If you have received this message in error, or are not the named recipient(s), you may not retain copy or use this e-mail or any attachment for any purpose or disclose all or any part of the contents to any other person. Any such dissemination, distribution or copying of this e-mail or its attachments is strictly prohibited. Thank you. 2 13-17 Clerk's Department If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-6233379 ext. 2102. To: Mayor Foster and Members of Council From: Anne Greentree, Municipal Clerk Date: May 20, 2016 Subject: Council Meeting Agenda — May 24, 2016 — Update File: CO3.Council Please be advised of the following updates to the Council Agenda: 7. Delegations Delegations (See Final Agenda) Attached for Members of Council is the Final Agenda. (Attachment #1) 9. - Communications -- Direction 9.1 Wayne Fairbrother — Templeton Menninga LLP - Addendum to Report PSD -033=16 -- Extension to Draft Approval for 19 Estate Residential Lots by Michael and Cathy Clark Part Lot 1, Concession 1 in the former Township of Clarke (Attachment #2) 13. Unfinished Business 13.2 Attached for Members of Council and Department Heads is Confidential Report PSD -041-16 regarding potential property purchase as listed on the Agenda. (Attachment #3) A n Vee 4ree Municipal Clerk CAGIcf c: F.,Wu, Chief Administrative Officer Department Heads ATTACHMENT # � TO c cz = sato � � f Council Agenda Date: Tuesday, May 24, 2016 Time: 7:00 PM Place: Council Chambers, 2nd Floor Municipal Administrative Centre 40 Temperance Street Bowmanville, Ontario 0 N Inquiries & Accommodations: For inquiries about this agenda, or to make arrangements for accessibility accommodations for persons attending, please contact: Cindy Fleming, Administrative Assistant to the Clerk, at 905-623-3379, ext. 2101 or by email at cflemin clarin ton.net. Alternate Format: If this information is required in an alternate format, please contact the Accessibility Coordinator, at 905-623-3379 ext. 2131. Audio Record: The Municipality of Clarington makes an audio record of Council meetings. If you make a delegation or presentation at a Council meeting, the Municipality will be audio recording you and will make the recording public by publishing the recording on the Municipality's website. In addition, please be advised that some of the Council meetings may be video recorded. Cell Phones: Please ensure all cell phones, mobile and other electronic devices are turned off or placed on non -audible mode during the meeting. Copies of Reports are available at www.clarington.net 1 Call to Order 2 Moment of Reflection 3 Disclosure of Pecuniary Interest 4 Announcements 5 Adoption of Minutes of Previous Meeting(s) 5.1 Minutes of a regular meeting of Council May 2, 2016 6 Presentations 6.1 Tyke 1 Clarington Gaels - 2015 Lacrosse Champions Council Agenda Date: May 24, 2016 Time: 7:00 PM Place: Council Chambers 6.2 Michael Angemeer, President & CEO, Veridian Corporation — Energy Retrofit Incentives for Alan Strike Aquatic and Squash Centre through "saveonenergy" Retrofit Program 6.3 James Campbell and Craig Ryan, Visual Arts Centre and Ann Harley, A Gift of Art - Proceeds of the Mayor's Gala — For the Love of Art 7 Delegations 7.1 Bill Peeters — Report PSD -038-16 Municipally -Initiated Zoning By-law Amendment for Properties Fronting on Tooley Road in Courtice (Item 4 of the Planning & Development Committee Report) 7,2 Hannu Halminen -Report PSD -038-16 — Municipally -Initiated Zoning By-law Amendment for Properties Fronting on Tooley Road in Courtice (Item 4 of the Planning & Development Committee Report) 8 . Communications — Receive for Information There are no Communications to be received for information. Page 1 9 Communications — Direction Council Agenda Date: May 24, 2016 Time: 7:00 PM Place: Council Chambers 9.1 Wayne Fairbrother, Templeman Menninga LLP -- Addendum to Report PSD -033-16 — Extension to Draft Approval for 19 Estate Residential Lots by Michael and Cathy Clark Part Lot 1, Concession 1 in the former Township of Clarke (Motion to refer correspondence to Unfinished Business 13.1) 10 Committee Reports 10.1 Advisory Committee Reports 141.1 Minutes of the Agricultural Advisory Committee of Clarington dated May 12, 2016 10.2 General Government Committee Report of May 9, 2016 10.3 Planning and Development Committee Report of May 16, 2016 11 Staff Reports 12 Business Arising from Procedural Notice of Motion 13 Unfinished Business 13.1 Addendum to Report PSD -033-16 - Extension to Draft Approval for 19 Estate Residential Lots by Michael and Cathy Clark, Part Lot 1, Concession 1 in the former Township of Clarke (Referred at the Council Meeting of May 2, 2016) 13.2 Confidential Report PSD -041-16 - Regarding Potential Property Purchase (Related to Item 14 of the General Government Committee Report) 10-1 10-5 10-11 13-1 Page 2 14 By-laws Council Agenda Date: May 24, 2016 Time: 7:00 PM Place: Council Chambers 14.1 2016-049 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Veltri and Son) (Item 3 of the Planning & Development Committee Report) 14.2 2016-050 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Item 4 of the Planning & Development Committee Report) 15 Procedural Notices of Motion 16 Other Business 17 Confirming By -Law 18 Adjournment Page 3 ARAClih'S"T # TO Fleming, Cindy From: wfairbroth e r@tm legal. ca Sent: May -20-16 3:54 PM To: Fleming, Cindy Subject: Fwd: Clarice Subdivision Your File Number 18T-89007 Wayne Fairbrother Templeman Menninga LLP TEMPLEMAN,MENNINGA LLA 8AP;UVEF5 + SOUCITOPS a Tit 0tAAAKAOIN'I.S wfairbrother@tmlegal.ca j wwwArnlegal.ca T,, 613.966.262€1 F; 613.966.2866 205-200 Dundas Street E. Belleville, Ontario, K8N 5A2 711,3 ::n+ail :N_ az'n; C"IfIcatti?I at`{_.xsmtk? :ccm -Arip!zIn_nI iI }It -at 6_, oIm r <ra t -V the inziv;V-1a[ a:_ti{_, s� axac z= ti_ r _� i t It i. Ts a ??ultras?saxi__ita laza e_ 3 a, saxlt i �i x zi. t: tc, sazi, -;sig rEt-t:ish'0&_zcitt7tz:_tisnxzt'ttttc3krsinL`sisill 21?s._s',Ptaa>aa l'i5_c_s'tr€_.5by lsnmail aienct€h_yrt�t _3 614 r9'?Ji Srzli: !,�11 i"s j.-scit9 Ci.t_1. _ 4e1: ita�'= r=Utz'?i;tam:sasiaai xLxasru_gl_a.-=cacti ar.:rc=sz_b'r_t_-,rnrnziliinsn-&at_lrMIZ-4"r=rait*tfan-I?d,_zic--?a-L ill y< raz-_t�-<? >>> Wayne Fairbrother 5/20/2016 3:47 PM >>> Dear Ms. Strike We are the solicitors for the Municipality of Port Hope. Our client received a Notice of an Addendum Report to Council on Wednesday, May 18, 2016 at 3:26 PM (i.e. approximately forty-eight hours ago). The staff recommendation is to be considered on Tuesday, May 24 at a Clarington Council meeting commencing at 7 PM. Given the statutory holiday on Monday, this is very short notice for us to obtain instructions and make arrangements to respond to Clarington in writing or in person. The staff recommendation is not supportive of any of the requests previously put forward by Port Hope. We are meeting with Port Hope Council and staff on the evening of Tuesday, May 24 in closed session to discuss the information contained in the Addendum Report of May 18. Given the foregoing and particularly in view of the short time frame between receipt of the Notice of the Addendum Report and the Clarington Council meeting, we respectfully request that the matter be deferred to the next meeting of Clarington Council. This will provide us with an opportunity to seek direction from our client prior to a decision being made by Clarington Council. Respectfully submitted in anticipation of a favourable response Wayne Fairbrother Templeman Menninga LLP M TEMPLEMAN*,%-IF-,NNINGA LLP 9ARAISUPS - SOLICITORS - TRADMARKA"NP5 wfairbrother@tmfegal.ca I www.tmiegal.ca T, 613.966.26201 F., 613.966.2866 205-200 Dundas Street E. Belleville, Ontario, K8N 5A2 7m- �1-ZImztkli --mu Ll-?, Thi5 0-ai a�vi-.---cnuf c5izn b,, rwwm aull ffi� i-aEntiAz ba a—Ir- d'a W. ZcvVnz- cl: cj7 d -Le cV'fu-nts cf this trul--ni- hIV-- raLai as h i'; tM-* %ni -- sicil ill_ slt-CI77 p 1=7 me fIfti--'V 0 ul- C, =-ks f-moiwn T11 ai t il-1111, m-t=1v —.qzi thaft si --t z- n t h tml 3a� i sic t L -'r C111 tvaan 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: Anne Greentree, Municipal Clerk Date: May 24, 2016 Subject: Council Meeting Agenda --- May 24, 2016 -- Update File: CO3.Council Please be advised of the following updates to the Council Agenda: 9. Communications —Direction (Additions) 9.2 Michael Fry, Planning Manager, D. G. Biddle & Associates Limited — Municipally - initiated Zoning By-law Amendment for Properties Fronting on Tooley Road in Courtice (Attachment #1) (Motion to refer correspondence to Item 4 of the Planning & Development Committee Report) 9.3 Norma and Ronald Blaauw - — Municipally -initiated Zoning By-law Amendment for Properties Fronting on Tooley Road in Courtice (Attachment #2) (Motion to refer correspondence to Item 4 of the Planning & Development Committee Report) nne Gr ntree Municipal Clerk CAGIcf c: F. Wu, Chief Administrative officer Department Heads ATTACHN01T # d Td: c� ., Biddle & Associates Limited consulting engineers and planners 96 KiEVG ST. E., OSHAWA, ONTARIO LIH 1B6 PHONE (905) 576-8600 FAX (905) 576-8730 e-mail. info4�dgbiddle.com May 24, 2016 Municipality of Clarington 40 Temperance Street Bowmanville ON Re: Municipally -initiated Zoning By-law Amendment for Properties Fronting on Tooley Road in Courtice Clarington File No. ZBA 2016-0005 Dear Mr. Mayor and members of Council I am writing on behalf of our client Halminen Homes with regard to the draft zoning by-law amendment for lands fronting onto Tooley Road, Clarington Planning file no. ZBA 2016-0005. Halminen Homes has development interests in lands located within the Worden East Neighbourhood Plan area that will be affected by the proposed by-law amendment. The proposed by-law amendment will take lands out of the Urban Residential Type One (R1) Zone and place those lands into an Environmental Protection (EP) Zone. The EP Zone specifically prohibits residential uses. Planning Services Report No. PSD -038-16 provides the following rationale for the zone change: "the EP zone limits are being adjusted to match the Environmental Protection Area designation boundary as currently contained within the Clarington Official Plan." This reasoning is faulty as the Clarington Official Plan states that "the extent of the Environmental Protection Areas designated on Map A (hand Use) is approximate only", and further that "the precise limits of these areas shall be detailed through the review of development applications and/or in consultation with the Conservation Authority" The implementation of the zoning by-law amendment effectively takes an approximate development limit, which the Official Plan contemplates and provides for fine-tuning, and creates a definite line, which has no latitude for adjustment except through a subsequent zoning by-law amendment. This loss of development/re-development rights is unfair and onerous to the affected land owners. To the best of our knowledge, the precise limits of the Environmental Protection Area have not been mapped either by the Municipality nor the Conservation Authority. Without the required background information the proposed zoning by- law ylaw amendment fails to satisfy the general. intent and stipulations of the Clarington Official Plan. We hereby request that the proposed amending by-law be deferred in order to allow time for staff to work with the affected land owners to come to a mutually agreeable solution. Should the amending zoning bylaw be adopted by Council in its current state, we will have no choice but to seek relief through alternate means in order to protect the development rights of our client. Yours very truly, D.G. BIDDLE & ASSOCIATES LIMITED Michael J. Fry, NI.C.I.P., R.P. Planning Manager Cc, Hannu Halminen, Halminen Homes ATTACHMENT # T® �i�.L# U _ <�Wo May 24116 Mr. Mayor and members of the Committee: We are the owners of the property at 3171 Tooley Road in Courtice, We are opposed to the zoning by-law amendment that staff have prepared for the lands fronting onto Tooley Road (draft zoning by-law 2016-050) as the proposed changes will negatively affect our potential future development opportunities for our property. Firstly; the change to the rear portion of our property from an R1 Zone to an Environmental Protection Zone will sterilize that part of our property (as well as any environmental setback requirement) from any future development, including a rear addition or a land severance. Secondly; the proposed increase in the front yard setback will further squeeze any future building envelope. We have not had the opportunity to see, review or scrutinize an environmental report that would justify the change from the R1 Zone to Environmental Protection Zone as it pertains to our property, and as such, we believe that the rezoning is premature. Yours truly Norma Blaauw oNALP. _E)C4K(4LU May 24, 2016 Mr. Mayor and members of the Committee: I am the owner of the property at 3131 Tooley Road (Gearing Homestead Land Corporation) as well as the co-owner of 3171 Tooley Road in Courtice. This property has been awned by my family since the 1940's and has been zoned as R1 residential during this time and been taxed accordingly. I am opposed to the zoning by-law amendment for the lands fronting onto Tooley Road (draft zoning by-law 2016-050) as it unfairly affects our development rights. This proposal has not been based on any empirical study conducted by either the Municipality of Clarington or the Conservation Authority. We received no written notification of the meeting tonight and learned of it by chance, Yours truly Norma Blaauinr Ronald Blaauw This Is Schedule 4 to passed • of 2016 A iY yCS _ 1 pill HIM PION r �'''�,, ������ =1111 ��1�1 1i1►i� � �' ..!= Iii11UINS mom I Not low ;f i71 Y 12,38