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
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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
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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
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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
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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
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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:
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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
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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
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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
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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
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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
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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
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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
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highest degree of professionalism, accuracy and knowledge in a timely, coordinated and informed way. We value honesty,
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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
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>>> 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
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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
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