HomeMy WebLinkAbout10-31-2016 to 11-01-2016Council
Minutes
October 31, 2016 to November 1, 2016
- 1 -
Minutes of a regular meeting of Council held on October 31, 2016, at 7:00 PM, in the
Council Chambers and reconvening on November 1, 2016, at 1:00 PM.
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: C. Clifford, A. Allison, T. Cannella, J. Caruana, D. Crome,
F. Horvath, M. Marano, N. Taylor, G. Weir, J. Gallagher, C. Fleming
(See page 24 for attendance during the November 1, 2016 portion of the meeting.)
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 Declaration of Interest
Councillor Hooper indicated that he would be declaring an interest with respect to Item 1
of the Special Planning & Development Committee Report of October 24, 2016.
Councillor Cooke indicated that he would be declaring an interest with respect to
Item 16 of the General Government Committee Report.
Councillor Neal indicated that he would be declaring an interest with respect to Item 16
of the General Government Committee Report.
4 Announcements
Members of Council announced upcoming community events and matters of community
interest.
Resolution #C-264-16
Moved by Councillor Neal, seconded by Councillor Traill
That John Passalacqua, Jeff Guthrie, Jake Murray and Ryan Guetter be permitted to
address Council concerning Item 1 of the Special Planning & Development Committee
Report - Report PSD-060-16 - Recommended Official Plan Amendment No. 107 (OPA
107) - Clarington Official Plan Review.
Carried
Council
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October 31, 2016 to November 1, 2016
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5 Adoption of Minutes of Previous Meeting
Resolution #C-265-16
Moved by Councillor Traill, seconded by Councillor Woo
That the minutes of a regular meeting of Council October 11, 2016, be approved.
Carried
Resolution #C-266-16
Moved by Councillor Traill, seconded by Councillor Woo
That the minutes of a special meeting of Council October 17, 2016, be approved.
Carried
6 Presentations
There were no Presentations scheduled for this meeting.
7 Delegations
Sheila Hall, Executive Director, Economic Development Officer, Clarington Board of
Trade (CBOT) addressed Council concerning Unfinished Business item 13.2 -
Addendum to Report CAO-004-16, Clarington Board of Trade Contract Renewal –
Performance Measures. Ms. Hall relayed the Board’s support for Report CAO-004-16.
She stated that, in addition to the specific targets identified in the Staff Report, the
Board is committed to providing regular updates on specific economic development
updates to ensure the recommended targets are met. Ms. Hall outlined the various
targets including reviewing the branding and communications, enhancing business
attraction and retention efforts, enhancing and tracking real estate vacancy rates,
implementing business expansion and retention efforts identified in the main street,
initiating a Business Retention and Expansion Project Survey for manufacturing,
enhancing the system for tracking business leads, a Clarington portal and centre for
business growth. Ms. Hall confirmed that the Clarington Board of Trade will deliver a
prosperous Clarington community.
Ms. Hall responded to questions from Members of Council.
Prior to the meeting, Carolyn Molinari, CM Planning, advised she would be unable to
attend tonight’s meeting.
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October 31, 2016 to November 1, 2016
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Michael Fry, D. G. Biddle & Associates, addressed Council concerning Item 1 of the
Special Planning & Development Committee Report - Report PSD-060-16 -
Recommended Official Plan Amendment No. 107 (OPA 107) - Clarington Official Plan
Review with respect to 2411 and 2415 Baseline Road. Mr. Fry reiterated their position
that the property is on a “Type A” arterial road and has been identified as a regional
corridor. He stated that, as such, it is important that uses include residential as well as
the commercial uses proposed by staff.
Mr. Fry responded to questions from Members of Council.
John Passalacqua was called but was not in attendance.
Jeff Guthrie addressed Council regarding Item 1 of the Special Planning & Development
Committee Report - Report PSD-060-16 - Recommended Official Plan Amendment No.
107 (OPA 107) - Clarington Official Plan Review with respect to 34 Martin Road.
Mr. Guthrie expressed appreciation to Members of Council for suggesting staff attend
the site and to staff for meeting on site, assessing the area, and concluding that it does
not meet the designation of environmental protection.
Jeff Guthrie responded to questions from Members of Council.
Jake Murray was called but was not in attendance.
Ryan Guetter, Weston Consulting, addressed Council regarding Item 1 of the Special
Planning & Development Committee Report - Report PSD-060-16 - Recommended
Official Plan Amendment No. 107 (OPA 107) - Clarington Official Plan Review on behalf
of the Bowmanville East Landowners Group (BELD). Mr. Guetter stated he submitted
written correspondence today outlining proposed policy modifications which would
enable a cooperative approach to the preparation and implementation of Secondary
Plans in Clarington. Copies of correspondence dated October 31, 2016, and a red-line
implementation framework document were distributed to Members of Council.
Ryan Guetter responded to questions from Members of Council.
Resolution #C-267-16
Moved by Councillor Neal, seconded by Councillor Cooke
That Council recess for ten minutes.
Carried
The meeting reconvened at 8:40 PM. All members of Council were in attendance except
Councillor Cooke and Councillor Partner.
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October 31, 2016 to November 1, 2016
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Resolution #C-268-16
Moved by Councillor Woo, seconded by Councillor Neal
That the Order of the Agenda be altered to consider Unfinished Business Item 13.2 -
Addendum to Report CAO-004-16 at this time.
Carried
Councillor Cooke re-entered the meeting.
13 Unfinished Business
13.2 Addendum to Report CAO-004-16, Clarington Board of Trade Contract Renewal
– Performance Measures
Resolution #C-269-16
Moved by Councillor Woo, seconded by Councillor Hooper
That Report CAO-004-16 and Addendum to Report CAO-004-16 be received;
That Council approve the renewal of the contract with the Clarington Board of Trade for
the delivery of economic development services as recommended in Report CAO-004-
16;
That the approach proposed for performance measures as set out in section 2.2 of this
Addendum to Report CAO-004-16 be included in the 2017-2021 contract with the
Clarington Board of Trade; and
That all interested parties listed in Report CAO-004-16 and any delegations be advised
of Council’s decision.
Carried later in the meeting
Sheila Hall was called forward to respond to questions from Members of Council.
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October 31, 2016 to November 1, 2016
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The foregoing Resolution #C-269-16 was then put to a vote and carried on the following
recorded vote:
Council Member Yes No Declaration of
Interest
Absent
Councillor Neal √
Councillor Partner √
Councillor Traill √
Councillor Woo √
Councillor Cooke √
Councillor Hooper √
Mayor Foster √
8 Communications – Receive for information
There were no Communications to be received for information.
9 Communications – Direction
Melvin Ramcharitar, Blackbird Constructors 407 GP – Request for Noise
Exemption
Resolution #C-270-16
Moved by Councillor Neal, seconded by Councillor Hooper
That the request from Blackbird Constructors 407 GP for an exemption to
By-law 2007-071 to enable construction to be undertaken at the area east of Holt Road
at Highway 407 and at the Highway 407 and Regional Road 57 intersection during night
time 24 hour schedule from November to December 23, 2016, be approved, provided
that Blackbird Constructors 407 GP agrees to attend a meeting forthwith with Municipal
staff to review resident well-related issues which may be caused by 407/418
construction; and,
That Region of Durham staff, Ministry of the Environment and Climate Change
(MOECC) and the Durham MPP be invited to attend the meeting.
Carried
(Rescinded later in the meeting)
Council
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October 31, 2016 to November 1, 2016
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10 Committee Reports
Advisory Committee Reports
10.1.1 Minutes of the Agricultural Advisory Committee of Clarington dated October 4,
2016
10.1.2 Minutes of the Clarington Museum and Archives Board dated September 15,
October 5 and October 12, 2016
10.1.3 Minutes of the Bowmanville Santa Claus Parade dated September 13 (meeting
notes) and September 27, 2016
Resolution #C-271-16
Moved by Councillor Cooke, seconded by Councillor Hooper
That Advisory Committee Report Items 10.1.1, 10.1.2 and 10.1.3, be received for
information, with the exception of Item 10.1.1.
Carried
Resolution #C-272-16
Moved by Councillor Hooper, seconded by Councillor Cooke
That the Minutes of the Agricultural Advisory Committee of Clarington dated October 4,
2016, be received for information.
Carried
General Government Committee Report of October 17, 2016
Resolution #C-273-16
Moved by Councillor Cooke, seconded by Councillor Hooper
That the recommendations contained in the General Government Committee Report of
October 17, 2016 be approved, on consent, with the exception of items #4, #5, and #16.
Carried
Item 4 - Lynn Dollin, President, Association of Municipalities of Ontario – Support
for Closing the Municipal Fiscal Gap
Resolution #C-274-16
Moved by Councillor Neal, seconded by Councillor Cooke
That the following Association of Municipalities of Ontario resolution, be endorsed by
the Municipality of Clarington:
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October 31, 2016 to November 1, 2016
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Whereas recent polling, conducted on behalf of the Association of Municipalities
of Ontario indicates 76% of Ontarians are concerned or somewhat concerned
property taxes will not cover the cost of infrastructure while maintaining municipal
services, and 90% agree maintaining safe infrastructure is an important priority
for their communities;
And Whereas infrastructure and transit are identified by Ontarians as the biggest
problems facing their municipal government;
And Whereas a ten-year projection (2016-2025) of municipal expenditures
against inflationary property tax and user fee increases, shows there to be an
unfunded average annual need of $3.6 billion to fix local infrastructure and
provide for municipal operating needs;
And Whereas the $3.6 billion average annual need would equate to annual
increases of 4.6% (including inflation) to province-wide property tax revenue for
the next ten years;
And Whereas this gap calculation also presumes all existing and multi-year
planned federal and provincial transfers to municipal governments are fulfilled;
And Whereas if future federal and provincial transfers are unfulfilled beyond 2015
levels, it would require annual province-wide property tax revenue increases of
up to 8.35% for ten years;
And Whereas Ontarians already pay the highest property taxes in the country;
And Whereas each municipal government in Ontario faces unique issues, the
fiscal health and needs are a challenge which unites all municipal governments,
regardless of size;
Now Therefore Be It Resolved that the Council of the Municipality of Clarington supports
the Association of Municipalities of Ontario in its work to close the fiscal gap; so that all
municipalities can benefit from predictable and sustainable revenue, to finance the
pressing infrastructure and municipal service needs faced by all municipal governments.
Carried on the following recorded vote:
Council Member Yes No Declaration of
Interest
Absent
Councillor Neal √
Councillor Partner √
Councillor Traill √
Councillor Woo
Councillor Cooke √
Councillor Hooper √
Mayor Foster √
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October 31, 2016 to November 1, 2016
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Item 5 - Gabriel Medel, Blackbird Constructors 407 GP – Highway 407 East Phase
2 Noise By-law Exemption Request
Resolution #C-275-16
Moved by Councillor Neal, seconded by Councillor Traill
That Item 5 of the General Government Committee Report be referred back to staff to
report back on the results of the meeting with Blackbird Constructors 407 GP.
Lost
Resolution #C-276-16
Moved by Councillor Neal, seconded by Councillor Traill
That Item 5 of the General Government Committee Report be tabled to the General
Government Committee meeting of November 7, 2016.
Lost
Resolution #C-277-16
Moved by Councillor Hooper, seconded by Councillor Woo
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 mid-
October to November 30, 2016, be approved.
Carried
Councillor Cooke declared an interest in accordance with the Municipal Conflict of
Interest Act, with respect to Item 16 of the General Government Committee Report, as
he is a member of the Rotary Club of Courtice and left the Council Chambers during
discussion and voting on this matter.
Councillor Neal declared an interest in accordance with the Municipal Conflict of Interest
Act, with respect to Item 16 of the General Government Committee Report, as he is a
member of the Rotary Club of Courtice and left the Council Chambers during discussion
and voting on this matter.
Item 16 - Sign Exemption Request for Rotary Club of Courtice
Resolution #C-278-16
Moved by Councillor Traill, seconded by Councillor Woo
Whereas the Municipality of Clarington Sign By-law 2009-123 allows for temporary
signs for Community Groups to announce a community function or event sponsored by
a non-profit organization;
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October 31, 2016 to November 1, 2016
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And Whereas the Sign By-law allows signs for a Community Group on the property
where the event will be held or, by Council policy, on municipally owned property; and
And Whereas the Courtice Rotary is requesting to place a sign on a privately owned
property located on the south side of Bloor Street east of Townline Road leading up to
the “Welsh Men’s Choir Concert” on November 19, 2016;
Now therefore be it resolved that, subject to the Courtice Rotary obtaining the owner’s
consent, staff be directed to issue a sign permit for the Courtice Rotary for the two week
period leading up to the event from November 4, 2016 to November 19, 2016 for the
property on the south side of Bloor Street east of Townline Road as long as it remains
undeveloped.
Carried
Councillor Cooke and Councillor Neal returned to the meeting.
Resolution #C-279-16
Moved by Councillor Neal, seconded by Councillor Cooke
That the Order of the Agenda be altered to reconsider Resolution #C-270-16 previously
considered earlier in the meeting.
Carried
9. Communications – Direction
9.1 Melvin Ramcharitar, Blackbird Constructors 407 GP – Request for Noise
Exemption
Resolution #C-280-16
Moved by Councillor Neal, seconded by Councillor Cooke
That Resolution #C-270-16 be rescinded.
Carried
Resolution #C-281-16
Moved by Councillor Neal, seconded by Councillor Hooper
That the exemption to By-law 2007-071 only be granted upon confirmation of Blackbird
407’s attendance at a meeting with Municipal staff, Region of Durham staff, Ministry of
the Environment and Climate Change (MOECC) and the Durham MPP, to review
resident well-related issues which may be caused by the 407/418 construction.
Carried
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October 31, 2016 to November 1, 2016
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Special Planning & Development Committee Report of October 24, 2016
Councillor Hooper declared an interest in accordance with the Municipal Conflict of
Interest Act, with respect to Item 1 of the Special Planning & Development Committee
Report, in any matter that may be specifically pertaining to the Wilmot Creek
Development or Rice Developments Corp. as a member of his family leases property in
Wilmot Creek.
Item 1 – Report PSD-060-16 Recommended Official Plan Amendment No. 107
(OPA 107) – Clarington Official Plan Review
Resolution #C-282-16
Moved by Councillor Woo, seconded by Councillor Traill
1. That Report PSD-060-16 be received;
2. That pursuant to:
a. The Provincial Policy Statement 2014;
b. The Provincial Greenbelt Plan (Greenbelt Plan);
c. The Provincial Growth Plan for the Greater Golden Horseshoe (Growth Plan);
d. Amendments 114 and 128 to the Durham Regional Official Plan;
e. The environmental policies and watershed studies of the Central Lake
Ontario Conservation Authority, the Ganaraska Region Conservation
Authority and the Ministry of Natural Resources; and
f. The Municipality’s Official Plan Review process;
That Official Plan Amendment 107 (OPA 107), be adopted by Council to update
the Clarington Official Plan and bring it into conformity with Provincial and
Regional Planning documents noted above with further amendments as follows:
a) That recommended amendment 467 as detailed on page 110 of
Attachment 3 to Report PSD-060-16, regarding Special Policy Area D,
be amended such that it reads as follows:
Special Policy Area D is located within Special Study Area 4
Courtice Employment Area. The redevelopment of the site may not
take place until such time as sewer and water services are
available. In the interim, the existing uses may continue.
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October 31, 2016 to November 1, 2016
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b) That the Municipality of Clarington create a policy to encourage the
Region of Durham to locate Municipal Household Hazardous Waste
Facilities in employment areas of the Municipality.
3. That the Director of Planning Services be authorized to finalize the form and
content of OPA 107 resulting from Council's consideration, public participation,
agency comments and technical considerations;
4. That OPA 107 be forwarded to the Region of Durham for approval;
5. That the Region of Durham be requested to initiate amendments to the Durham
Regional Official Plan, as necessary to implement OPA 107;
6. That upon adoption by Council, the Clarington Official Plan be implemented by
Staff as Council’s Policy on all land use and planning matters and be
implemented through the capital budgets; and
7. That all interested parties listed in Report PSD-060-16 and any delegations be
advised of Council's decision by the Department.
Referred to the end of the Agenda later in the
meeting and
Carried as amended later in the meeting
(See following motions)
Resolution #C-283-16
Moved by Councillor Neal, seconded by Councillor Hooper
That the foregoing Resolution #C-282-16 be amended to delete Part 2 (f) (b) and to add
a new policy 3.7.20 to the Waste Management sub-section Section 3.7 as follows:
“3.7.20 The Municipality supports the establishment of a Regionally-owned waste
transfer station in Clarington to provide equitable access to Clarington residents
for the drop-off of municipal hazardous and special waste, and reusable and
recyclable waste. The development of the Regionally-owned waste transfer
station should be located in the Light Industrial or General Industrial designation
and shall:
a) be subject to site plan control for the development of the site and any
future amendments;
b) generally locate outdoor storage at the rear or interior side yard of the
property to minimize visual impacts on surrounding land uses and provide
appropriate screening, buffering and/or containment through the use of
berms, landscaping, fencing or any other mitigative measures in
accordance with Section 5 of the Plan;
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October 31, 2016 to November 1, 2016
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c) strictly prohibit the outdoor storage of hazardous waste or any non-
hazardous waste that may have an adverse impact on the surrounding
area or the environment;
d) prepare, maintain and adhere to an Emergency Management Plan,
approved by the Municipality prior to commencement of site operations;
and
e) ensure there is no adverse impact on the surrounding area, including
traffic, litter, noise and dust.”
Carried
Resolution #C-284-16
Moved by Councillor Neal, seconded by Councillor Hooper
That the foregoing Resolution #C-282-16 be amended to add the following as 2 f. c):
“to remove the Martin Road woodlot from the Natural Heritage System and that it not be
identified as Environmental Protection Area on the Land Use Map.”
Carried
Resolution #C-285-16
Moved by Councillor Neal, seconded by Councillor Cooke
That the foregoing Resolution #C-282-16 be amended to add the following as 2 f. d):
“add the following to subsection (f) to the sub-list for 5.5.1 and renumber accordingly:
‘f) promotes the reduction, reuse and recycling of waste, with particular
attention to multi-residential housing forms, which meets applicable
Provincial standards and has given consideration to the Region’s waste
collection design and servicing requirements’.”
Carried
Resolution #C-286-16
Moved by Councillor Neal, seconded by Councillor Cooke
That the foregoing Resolution #C-282-16 be amended to add the following as 2 f. e):
“That with respect to Highway 2 Development as a Priority, that a policy be added to
state that the Municipality encourages the Region of Durham to provide sanitary sewers
along Highway 2 in Courtice, at the earliest possible opportunity.”
Carried
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October 31, 2016 to November 1, 2016
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Resolution #C-287-16
Moved by Councillor Traill, seconded by Councillor Cooke
That the the foregoing Resolution #C-282-16 be amended to add the following as 2 f.f)
as detailed in correspondence dated October 31, 2016 and accompanying
implementation document from Weston Consulting, on behalf of the Bowmanville East
Developers Group (BEDG) with respect to the Municipality of Clarington Official Plan
Review “That a new Section 4.6 Secondary Plans be added as follows:
4.6.1 Secondary Plans, as shown on Map C, will be prepared by the
Municipality, in accordance with Section 23 of this Plan, to provide for a
detailed planning framework for these lands.
23.3 Secondary Plans
23.3.1 Secondary Plans shall conform to and implement the principles, goals,
objectives, policies and land use designations of this Plan. Upon approval
by the Region of Durham, the Secondary Plan shall be incorporated under
Part VI of this Plan.
651. Existing Section 23.3.2 is hereby amended as follows:
23.3.2 The Municipality will prepare Secondary Plans with support from and in
cooperation with area landowners. Secondary Plans may be initiated by
the municipality or by an established landowners group upon submission
of a request to Council. The process for preparing, adopting or amending
Secondary Plans is subject to the procedures contained in this section and
under Section 23.2 and other applicable policies of this Plan.
23.3.3 The Municipality shall work with landowners groups within each
Secondary Plan area to advance Secondary Plans, and shall establish an
implementation framework, in consultation with landowners, for the
secondary plan process, which may include matters relating to advisory
committees, working groups, funding of supporting studies, cost sharing
principles and other financial considerations.
652. A new Section 23.3.3 is hereby added as follows:
23.3.4 During the review and update of an approved Secondary Plans, the
Secondary Plans will be amended to conform to the policies of this Plan.
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653. New Sections 23.3.4 through 23.3.10 are hereby added as follows:
23.3.5 Where there is a conflict or inconsistency between the parent Plan, the
Secondary Plan will prevail, unless the conflict is associated with the
density and intensification policies of the parent Plan, in this case, the
parent Plan shall prevail.
23.3.6 Following receipt of a request by a landowners group to initiate a
Secondary Plan or Staff’s recommendation to proceed with a Secondary
Plan, Council shall hold a public meeting inviting all landowners within the
Secondary Plan Area to advise them of the proposed Secondary Plan
study and the terms of reference.
23.3.7 Where private funding is provided in accordance with Section 23.13 by a
landowner or a landowner’s group, they must own a majority of the
developable area within the Secondary Plan area prior to Council
considering whether to proceed with a Secondary Plan.
23.3.8 Prior to development approvals within a Secondary Plan area, landowners
may be required to enter into a developer’s group agreement(s), or
implement other alternative arrangements to ensure the equitable
distribution of the cost of community infrastructure, facilities such as public
schools, parks, roads, etc. within a Secondary Plan area. The
agreements(s) shall distribute, in a fair and equitable manner, the costs of
community infrastructure and facilities to ensure an orderly sequence of
development, and shall address matters related to non-participating
landowners.
23.3.9 Council shall approve the Terms of Reference, and, if applicable, cost
sharing agreements and any other necessary agreements prior to the
Secondary Plan study commencing.
23.3.10 Secondary Plans shall implement the policies of this Plan and the Durham
Regional Official Plan policies for Secondary Plans, in particular:
a) the growth management objectives of sequential development, full
municipal water and sanitary systems, a minimum density of fifty
residents and jobs per gross developable hectare, and a variety of
housing types and densities;
b) the financial capacity of the Municipality to provide for the capital
and operating costs of municipal services and facilities required to
support the development;
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October 31, 2016 to November 1, 2016
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c) the provision of a diverse and compatible mix of land uses to
support vibrant neighborhoods, and the use of urban design
principles to create high quality public open spaces and achieve an
appropriate level of connectivity and transition to adjacent areas;
d) the design of a connected system of grid streets and an active
transportation network as the key design element of the public
realm with pedestrian connections to transit, community facilities,
schools, and parks. Higher density housing will be strategically
located along or within Priority Intensification Areas to create a
transit supportive development pattern;
e) the integration into the design of the site and buildings of this Plan’s
policies for Sustainable Design and Climate Change and related
standards/guidelines adopted by the municipality including green
infrastructure and low impact development measures;
f) the protection and incorporation of natural heritage and
hydrologically sensitive features including surface and ground water
features, as well as the connections among these natural features
in order to inform the location, type, and amount of development;
g) residential neighbourhoods will be "designed with nature" to
minimize grade changes, preserve mature trees and enhance open
space linkages;
h) the measures to mitigate the potential conflicts between the
development and existing agricultural uses;
i) level of visual interest achieved by incorporating different built
forms, landscaping, open space and environmental and natural and
cultural heritage resources and the creation of view corridors and
vistas of significant natural areas and public buildings;
j) the location of prominent public buildings, including schools and
spaces on prominent sites with significant street frontage and
oriented to the street;
k) cultural heritage resources will provide the context for new
development. New development will be compatible with and
complementary to its context with regard to siting, height, scale and
design. In new areas, heritage buildings will be incorporated in a
sensitive manner;
l) the principles of Crime Prevention Through Environmental Design
(CPTED) will be used; and
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m) inclusive lifetime neighbourhoods where the built environment
promotes a safe inclusive space with access to services and
amenities and a range of housing choices to meet the needs of
residents throughout all phases of their lifetime.
23.3.11 The following background studies and analyses are generally required in
support of new Secondary Plans:
a) A Subwatershed study including natural heritage, fisheries,
hydrogeology, and hazard lands;
b) A municipal-wide financial impact analysis of growth and
development;
c) A Landscape Analysis;
d) A Planning Background Report
e) A Master Drainage Plan;
f) A Water and Wastewater Servicing Plan;
g) A Transportation Master Plan;
h) An assessment of potential impact on adjacent agricultural
operations and recommendations for mitigation;
i) A Sustainability Plan addressing Green Infrastructure and Net Zero
development and building practices;
j) A Commercial needs and impact analysis when a commercial uses
are proposed;
k) An Urban Design Report;
l) A Cultural and built heritage assessment including archaeology;
and
m) A housing needs analysis (including affordable housing).
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October 31, 2016 to November 1, 2016
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693. Existing Section 23.13.1 is hereby amended as follows:
23.13.1 Where this Plan identifies Special Study Areas or requires studies or plans
(including Secondary Plans) to be undertaken, it does not necessarily
obligate the Municipality, the Region of Durham and any other governing
agency to expend public funds to finance such reports, studies or plans.
The Municipality shall determine whether or not it will commence the
preparation of any such report, study or plan based on Municipal priorities,
and available financial and staff resources.
This Plan, however, allows for and contemplates the possibility that funding for any
required report, study or plan, pursuant to Section 23.3, may come from landowners
who may be impacted provided such landowners enter into an agreement with the
Municipality. Such agreement shall, amongst other matters, specify the scope of work to
be undertaken, the means of procuring the work, ensure study objectivity, and cover
project management and administrative costs incurred by the Municipality. Such
agreements shall also address matters relating to non-participating landowners, and
may allow for development charges credits. The decision to enter into any such
agreement shall be at the discretion of the Council.
Motion Divided and
Referred later in the meeting
Resolution #C-288-16
Moved by Councillor Neal, seconded by Councillor Traill
That the foregoing Resolution #C-287-16 be divided to vote on each section separately.
Carried
Resolution #C-289-16
Moved by Councillor Traill, seconded by Councillor Neal
That the foregoing Resolution #C-282-16 be amended to add a new Section 4.6.1 as
follows:
“4.6.1 Secondary Plans, as shown on Map C, will be prepared by the Municipality, in
accordance with Section 23 of this Plan, to provide for a detailed planning framework for
these lands.”
Lost
Resolution #C-290-16
Moved by Councillor Traill, seconded by Councillor Neal
That the foregoing Resolution #C-282-16 be amended to replace the existing Section
23.3.2 with the following:
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“23.3.2 The Municipality will prepare Secondary Plans with support from and in
cooperation with area landowners. Secondary Plans may be initiated by the
municipality or by an established landowners group upon submission of a request to
Council, provided that this shall not pose a financial risk to the municipality. The
process for preparing, adopting or amending Secondary Plans is the subject to the
procedures contained in this section and under Section 23.2 and other applicable
policies of this Plan.
23.3.3 The Municipality shall work with landowners groups within each Secondary Plan
area to advance Secondary Plans, and shall establish an implementation framework, in
consultation with landowners, for the secondary plan process, which may include
matters relating to advisory committees, working groups, funding of supporting studies,
cost sharing principles and other financial considerations.”
Referred
(See following motion)
Resolution #C-291-16
Moved by Councillor Neal, seconded by Councillor Cooke
That the Rules of Procedure be suspended to allow Members of Council to speak to
Resolution #C-290-16 a second time.
Carried
Resolution #C-292-16
Moved by Councillor Cooke, seconded by Councillor Traill
That Council recess for ten minutes.
Carried
The meeting reconvened at 10:21 PM.
Resolution #C-293-16
Moved by Councillor Neal, seconded by Councillor Traill
That correspondence dated October 31, 2016 and accompanying implementation
document from Weston Consulting, on behalf of the Bowmanville East Developers
Group (BEDG) with respect to the Municipality of Clarington Official Plan Review, be
referred back to staff.
Carried
Council
Minutes
October 31, 2016 to November 1, 2016
- 19 -
Resolution #C-294-16
Moved by Councillor Traill, seconded by Councillor Cooke
That the foregoing Resolution #C-282-16 be amended to refer the proposed community
park northeast of Concession Street and Mearns Avenue to the Engineering Services
Department and the Community Services Department for potential resizing.
Withdrawn
Resolution #C-295-16
Moved by Councillor Cooke, seconded by Councillor Traill
That the foregoing Resolution #C-282-16 be amended to add the following as 2 f.g):
“amend policies 10.6.6 and 10.6.7 (Amendment item 309) to remove the restriction of
non-residential floor area as a percentage of ground floor but add a store size limit of
600 square meters of gross leasable area on Regional Corridors and 300 square
meters of gross leasable area on Local Corridors.”
Carried
Resolution #C-296-16
Moved by Councillor Hooper, seconded by Councillor Cooke
That the foregoing Resolution #C-282-16 be amended to add the following as 2 f.h):
“change the designation of the property at 2411 and 2415 Baseline Road to
“Neighbourhood Centre” to allow for a mixed use development with a residential
component.”
Lost
Resolution #C-297-16
Moved by Councillor Hooper, seconded by Councillor Traill
That the foregoing Resolution #C-282-16 be amended to add the following as 2 f.h):
“extend the hamlet boundaries of Hampton to include the lands at 5075 Holt Road.”
Lost
Resolution #C-298-16
Moved by Councillor Woo, seconded by Councillor Traill
That the Rules of Procedure be suspended to allow Members of Council to speak to
Resolution #C-282-16, being amendments to the main motion, a second time.
Carried
Council
Minutes
October 31, 2016 to November 1, 2016
- 20 -
Resolution #C-299-16
Moved by Councillor Woo, seconded by Councillor Traill
That the foregoing Resolution #C-282-16 be amended to add the following as 2 f.h):
“identify the property between 3334 to 3382 King Avenue West, Newcastle as a
Neighbourhood Centre designation instead of a Local Corridor.”
Lost
Resolution #C-300-16
Moved by Councillor Neal, seconded by Councillor Woo
That the foregoing Resolution #C-282-16 be amended to add the following as 2 f.h):
“remove the words “where the predominant use of land is horticulture” in Section 13.5.7
and to replace with the following wording:
“13.5.7 Landscape industry uses, which consist of businesses associated with
horticulture, are encouraged to locate on lands designated as Industrial. However, small
scale landscape industry uses, may be permitted on lands designated as Rural through
a site specific zoning by-law amendment, subject to the requirements of Section 13.5.2
and the following:”.”
Carried
Resolution #C-301-16
Moved by Councillor Neal, seconded by Councillor Traill
That the foregoing Resolution #C-282-16, being the main motion as amended, be
referred to the end of the Agenda for consideration.
Carried
Planning & Development Committee Report of October 24, 2016
Resolution #C-302-16
Moved by Councillor Woo, seconded by Councillor Traill
That the recommendation contained in the Planning & Development Committee Report
of October 24, 2016 be approved, on consent.
Carried
Council
Minutes
October 31, 2016 to November 1, 2016
- 21 -
11 Staff Reports
Report COD-022-16 Re-alignment of Concession Road 3 and 57 Intersection
Resolution #C-303-16
Moved by Councillor Neal, seconded by Councillor Hooper
That Report COD-022-16 be received;
That Coco Paving Inc. with a total bid amount of $380,710.16 (net HST Rebate) for the
Municipality of Clarington’s requirements for the RR57 and Concession Road 3 interim
intersection construction being the lowest responsible bidder meeting all terms,
conditions and specifications of Tender CL2016-25 be awarded as required by the
Engineering Services Department;
That the funds required for this project in the amount of $454,300.00 (net HST Rebate)
which includes the construction cost of $380,710.16 (net HST Rebate) and other related
costs such as inspection, contract administration, materials testing and contingencies of
$73,589.84 (net HST Rebate) and funded by both the Municipality and the Region of
Durham as follows:
North Scugog Court 110-32-330-83358-7401 $362,400.00
Region of Durham 100-00-000-00000-1010 $ 91,900.00
That all interested parties listed in Report COD-022-16 and any delegations be advised
of Council’s decision by the Purchasing Division.
Carried
12 Business Arising from Procedural Notice of Motion
13 Unfinished Business (cont’d)
Sandra Kranc, City Clerk, City of Oshawa – Seeking Emergency Financial
Assistance in Order to Continue to Support the Economic Participation of Those
Furthest from the Labour Market in Durham Region
Resolution #C-304-16
Moved by Councillor Woo, seconded by Councillor Hooper
That the following City of Oshawa resolution be endorsed by the Municipality of
Clarington:
Council
Minutes
October 31, 2016 to November 1, 2016
- 22 -
Whereas the Durham Region Employment Network (D.R.E.N.) is a ‘grass
roots’ organization that has built itself into an award-winning network. They
are thirty-five community and employment sector organizations working
together to ensure that employment is accessible to all in Durham Region;
and,
Whereas their focus is to increase the economic participation of those
furthest from the labour market and they are a regional network that has
been working in our community for the 23 years but has not had Regional
or City funding; and,
Whereas D.R.E.N.is co-located in the Canadian Mental Health Association
Durham building which serves as a hub of services for persons with mental
health disabilities; and,
Whereas they have provided economic development offices with data on
available job seekers by industry and have organized large-scale
recruitments for companies moving to the area and they are a recognized
leader in bringing together people and resources to support persons with
barriers to employment; and,
Whereas D.R.E.N. was recognized provincially by the Governor General of
Ontario with the awarding of the David C. Onley Award for Leadership in
Accessibility; and,
Whereas in 23 years D.R.E.N. has successfully managed over 50 projects and
millions of dollars in project funding; however, project funding is precarious and
with no core funding the impact of even the smallest delays can be disastrous;
and,
Whereas their funds are so depleted from providing core services without project
funding that they find themselves for the first time requesting emergency
assistance in the amount of $25,000 to keep their doors open;
Therefore let it be resolved that Council approve a one-time emergency bridging
funding in the amount of $1,600 and that it be funded from the contingency fund.
This fund can easily support this request because it has capacity; and further,
That a request be sent to each area municipality in Durham Region to support a
one-time emergency bridging funding in the amount of $1,600; and,
That this request be sent to the Region of Durham where there will be a motion at
Committee of the Whole on October 5, 2016. At that time Regional Councillors will
be asked to support a one-time emergency funding of $12,500. If approved at the
Regional level, this request will bring the total contribution locally and Regionally to
$25,000, (as long as all municipalities participate). This funding is needed in order
to keep D.R.E.N.'s doors open while they secure new funding sources.
Council
Minutes
October 31, 2016 to November 1, 2016
- 23 -
and
That the Municipality of Clarington Council approve a one-time emergency bridge funding
in the amount of $1,600 for the Durham Region Employment Network (D.R.E.N.).
Carried
Addendum to Report CAO-004-16, Clarington Board of Trade Contract Renewal
– Performance Measures
Item 13.2 was considered earlier in the meeting.
14 By-laws
Resolution #C-305-16
Moved by Councillor Hooper, seconded by Councillor Neal
That leave be granted to introduce By-laws 2016-085 to 2016-090
14.1 2016-085 Being a By-law to authorize an agreement between the Corporation of the
Municipality of Clarington and the Province to enter into the Ontario Community
Infrastructure Fund Formula-Based Component Agreement (Item 7 of the
General Government Committee Report)
14.2 2016-086 Being a By-law to appoint Private Parking Enforcement Officers (Item 10 of the
General Government Committee Report)
14.3 2016-087 Being a by-law to delegate authority to make decisions and hold meetings
under sections 356, 357, 358 and 359 of the Municipal Act, 2001 (Item 13 of
the General Government Committee Report)
14.4 2016-088 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Corporation of the Municipality of Clarington (2103386 Ontario Limited)
(Item 4 of the Planning & Development Committee Report)
14.5 2016-089 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Corporation of the Municipality of Clarington (Municipality of Clarington)
(Item 5 of the Planning & Development Committee Report)
14.6 2016-090 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Corporation of the Municipality of Clarington (2084165 Ontario Limited);
and
That the said by-laws be approved.
Carried
15 Procedural Notices of Motion
Council
Minutes
October 31, 2016 to November 1, 2016
- 24 -
16 Other Business
There was no other business considered under this Section of the Agenda.
Resolution #C-306-16
Moved by Councillor Hooper, seconded by Councillor Cooke
That Council recess for three minutes.
Carried
The meeting reconvened at 10:56 PM.
Resolution #C-307-16
Moved by Councillor Neal, seconded by Councillor Traill
That the meeting recess until 1:00 PM, November 1, 2016.
Carried
The meeting recessed at 10:58 PM and reconvened at 1:00 PM on Tuesday,
November 1, 2016.
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: C. Clifford, A. Allison, T. Cannella, attended at 1:06 PM, D. Crome,
N. Taylor, A. Greentree, C. Fleming
The Director of Planning Services and the Municipal Solicitor highlighted recommended
policy changes subsequent to discussions and suggestions from the Bowmanville East
Landowners Group (BELD) and the Building Industry and Land Development
Association (BILD).
Council
Minutes
October 31, 2016 to November 1, 2016
- 25 -
Resolution #C-308-16
Moved by Councillor Neal, seconded by Councillor Woo
That the foregoing Resolution #C-282-16 be amended to incorporate the following
policy changes as 2.f.f), as shown in bold to Section 4.6.1, 23.3.2, 23.3.5, 23.3.6,
23.3.7, 23.3.10, 23.12.7 and 23.13.1:
“23.3.2 The Municipality will prepare Secondary Plans in cooperation with
area landowners, the Region, private and public agencies. The
process for preparing, adopting or amending Secondary Plans will
be is subject to the procedures contained in this section and under
Section 23.2 and other applicable policies of this Plan.
23.3.5 Any landowner or group of landowners who wish to fund the
preparation of a Secondary Plan in order to advance to timing of
the plan’s preparation shall provide the Municipality with
proposed terms of reference. It shall address matters relating to
the proposed scope of work, public consultation process,
funding of supporting studies, cost sharing principles and other
considerations described in Section 23.13.1. Within 90 days of
receipt of proposed terms of reference, Council shall determine
whether to proceed under Section 23.3.8.
23.3.6 Where private funding is provided in accordance with Section 23.13
by a landowner or a landowner’s group, generally they must own
75% of the developable area within the Secondary Plan area prior to
Council considering whether to initiate a Secondary Plan study.
23.3.7 Prior to the Municipality initiating a privately-funded Secondary Plan
study, Council shall hold a public meeting inviting all landowners
within the Secondary Plan Area to advise them of the proposed
Secondary Plan study and the terms of reference.
23.3.10 The following background studies and analyses are generally
required in support of new Secondary Plans:
a) A Subwatershed study including natural heritage, fisheries,
hydrogeology, and hazard lands;
b) A municipal-wide financial impact analysis of growth and
development;
c) A Landscape Analysis;
d) A Planning Background Report
e) A Master Drainage Plan;
Council
Minutes
October 31, 2016 to November 1, 2016
- 26 -
f) A Water and Wastewater Servicing Plan;
g) A Transportation Master Plan;
h) An assessment of potential impact on adjacent agricultural
operations and recommendations for mitigation;
i) A Sustainability Plan addressing Green Infrastructure and
Net Zero development and building practices;
j) A Commercial needs and impact analysis when a
commercial uses are proposed;
k) An Urban Design Report;
l) A Cultural and built heritage assessment including
archaeology;
m) A housing needs analysis (including affordable housing); and
n) An integrated Environmental Assessment for municipal
public works as may be appropriate.
23.12.7 Prior to development approvals within a Secondary Plan area,
landowners may be required to enter into a developer’s group
agreement(s), or implement other alternative arrangements to
ensure the equitable distribution of the cost of community
infrastructure, facilities such as public schools, parks, roads, etc.
within a Secondary Plan area. The agreements(s) shall distribute,
in a fair and equitable manner, the costs of community
infrastructure and facilities to ensure an orderly sequence of
development, and shall address matters related to non-
participating landowners.
23.13.1 Where this Plan identifies Special Study Areas or requires studies
or plans (including Secondary Plans) to be undertaken, it does not
necessarily imply that obligate the Municipality, the Region of
Durham and any other governing agency will to expend public
funds to finance such reports, studies or plans. Council The
Municipality shall will determine whether or not it will commence the
preparation of any such report, study or plan based on Municipal
priorities, and available financial and staff resources. This Plan
however, does not prohibit private funding or plan provided
arrangements are made to the satisfaction of the Municipality to
ensure study objectivity.
Council
Minutes
October 31, 2016 to November 1, 2016
- 27 -
This Plan, however, allows for and contemplates the possibility that
funding for any required report, study or plan, may come from
landowners who may be impacted provided such landowners enter
into an agreement with the Municipality. Such agreement shall,
amongst other matters, specify the scope of work to be undertaken,
the means of procuring the work, ensure study objectivity, and
cover project management and administrative costs incurred by the
Municipality. Such agreements shall also address matters
relating to non-participating landowners, and may allow for
development charges credits. The decision to enter into any such
agreement shall be at the discretion of the Council.”
Carried
The foregoing Resolution #C-282-16 was then put to a vote and carried on the following
recorded vote:
Council Member Yes No Declaration of
Interest
Absent
Councillor Woo √
Councillor Cooke √
Councillor Hooper √
Councillor Neal √
Councillor Partner √
Councillor Traill √
Mayor Foster √
17 Confirming By-law
Resolution #C-309-16
Moved by Councillor Hooper, seconded by Councillor Cooke
That leave be granted to introduce By-law 2016-091, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting held on
the 31st day of October, 2016 and reconvening on the 1st day of November, 2016; and
That the said by-law be approved.
Carried