HomeMy WebLinkAbout2020-07-06 Agenda
Council
Revised Agenda
Date:July 6, 2020
Time:7:00 PM
Location:Microsoft Teams
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*Late Item added after the Agenda was published.
Pages
1.Call to Order
2.Moment of Reflection
3. Land Acknowledgement Statement
4.Declaration of Interest
5.Announcements
6.Adoption of Minutes of Previous Meeting(s)
6.1 Minutes of a regular meeting of Council dated June 15, 2020 8
6.2 Minutes of a special meeting of Council dated June 22, 2020 32
7.Presentations
7.1 2020 Awards of Academic Excellence
8.Delegations
*8.1 Victor Suppan regarding Addendum to Report PSD-015-20, Proposed
Official Plan Amendment and Rezoning to Implement the Bowmanville
Neighbourhood Character Study
*8.2 Andrew Rice regarding Addendum to Report PSD-015-20, Proposed
Official Plan Amendment and Rezoning to Implement the Bowmanville
Neighbourhood Character Study
*8.3 John McDermott, McDermott and Associated Limited, regarding
Addendum to Report PSD-015-20, Proposed Official Plan Amendment
and Rezoning to Implement the Bowmanville Neighbourhood Character
Study
9.Communications – Receive for Information
There are no Communications to be received for information as of the time of
publication.
July 6, 2020
Council Agenda
Page 2
10.Communications – Direction
10.1 Confidential Memo from Ron Albright, Acting Director of Engineering
regarding Land Appraisal Value for Portions of Given Road to be Closed
and Conveyed as Part of Adjacent Development Proposals
(Distributed Under Separate Cover)
(Motion to refer to the consideration of Unfinished Business Item 14.2)
*10.2 Memo from Trevor Pinn, Director of Finance/Treasurer
regarding Newcastle Skateboard Park RFP
38
(Motion to approve Staff to proceed to issue an RFP for the design/build
of the Newcastle Skateboard
Park utilizing a weighted scoring method)
*10.3 Dave Wilkes, President and CEO, BILD, Joe Vaccaro, CEO, OHBA, and
Kevin Lee, CEO, CHBA, regarding CHBA Construction to Kick Start
Ontario's Economy: CHBA, OHBA, and BILD - Submission on Jobs &
Recovery
40
(Motion for Direction)
11.Committee Reports
11.1 Advisory Committee Reports
11.1.1 Minutes of the Agricultural Advisory Committee dated June 11,
2020
76
11.1.2 Minutes of the Samuel Wilmot Nature Area Management
Advisory Committee dated June 16, 2020
80
11.1.3 Minutes of the Clarington Heritage Committee dated June 16,
2020
83
11.1.4 Minutes of the Clarington Diversity Committee dated June 4,
and June 25, 2020
89
11.2 General Government Committee Report of June 22, 2020 95
11.3 Special Planning and Development Committee Report of June 23, 2020 111
11.4 Planning and Development Committee Report of June 29, 2020 112
July 6, 2020
Council Agenda
Page 3
12.Staff Reports
12.1 Confidential Report FND-026-20 - Appointment of Municipal Officer
(Distributed Under Separate Cover)
12.2 Confidential Legal Report - Anaerobic Digestion Facility Dispute
Resolution Process - Update #1
(To be distributed under separate cover with the revised agenda update)
12.3 Report PSD-027-20 - An Application by Lanarose Homes Ltd. for a
Removal of Holding to Permit an Apartment Building Containing 116
Residential Units in the Port of Newcastle
114
13.Business Arising from Procedural Notice of Motion
None
14.Unfinished Business
14.1 Addendum to Report PSD-015-20 - Bowmanville Neighbourhood
Character Study, Addendum to Report PSD-015-20
120
(Referred from the May 25, 2020 Council Meeting)
14.2 Addendum to Report EGD-011-20 - Proposal to Close and Convey a
Portion of a Road Allowance (Given Road) Situated in Lot 30,
Concession 2, Former Township of Clarke, Addendum to EGD-011-20
161
(Referred from the June 22, 2020 General Government Committee
Meeting)
14.3 Darrin Canniff, Mayor/CEO, Municipality of Chatham-Kent, Regarding
Support of Government's Commission on Long-Term Care
(Referred from the June 22, 2020 General Government Committee
Meeting)
Link to Correspondence from Chatham-Kent
14.4 EGD-013-20 Whistle Cessation Update - Cobbledick Rd and Bennett Rd
(Referred from the June 22, 2020 General Government Committee
Meeting)
Link to Report EGD-013-20
July 6, 2020
Council Agenda
Page 4
*14.5 Memo from Ron Albright, Acting Director of Engineering,
regarding Darlington Boulevard – Courtice – Potential Traffic Calming
Measures
166
(Referred from the June 22, 2020 General Government Committee
Meeting)
14.6 Confidential Report PSD-023-20 - Potential Acquisition – Future Works
Yard
(Referred from the June 22, 2020 General Government Committee
Meeting)
(Distributed Under Separate Cover)
15.By-laws
15.1 2020-043 - Being a By-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the Municipalityof Clarington
169
(ACE Developments Ltd.) (Approved by Council on March 23, 2015)
15.2 2020-044 - Being a By-law to amend By-law 2012-061, Being a By-law
to Provide for the Maintenance, Management, Regulation and Control of
the Cemeteries in the Municipality of Clarington
(Item 10 of the General Government Committee Report)
15.3 2020-045 - Being a By-law to Delegate the authority For Establishing or
Amending Retention Periods to the Municipal Clerk and Repeal By-law
2015-057 Being a By-law to Establish Schedules of Retention Periods
for Records of the Municipality of Clarington
(Item 16 of the General Government Committee Report)
15.4 2020-046 - Being a by-law to amend the Procedural By-law 2015-029
(Item 17 of the General Government Committee Report)
15.5 2020-047 - Being a By-law to Appoint a Deputy Treasurer and to Amend
By-law 2019-018
(Agenda Item 12.1 - Confidential Report FND-026-20)
15.6 2020-048 - Being a By-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the Municipality of Clarington
(Item 6 of the Planning and Development Committee Report)
July 6, 2020
Council Agenda
Page 5
15.7 2020-049 - Being a By-law for Closure and Conveyance of Road
Allowances
(Agenda Item 14.2 - Addendum to Report EGD-011-20)
15.8 2020-050 - Being a By-law to Amend By-law 84-63, Being a By-law to
Amend the Comprehensive Zoning By-law for the Corporation of the
Municipality of Clarington and to Repeal Interim Control By-law 2018-
083
(Agenda Item 14.1 - Addendum to Report PSD-015-20)
15.9 2020-051 - Being a By-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the Municipality of Clarington
(Agenda Item 12.3 - Report PSD-027-20)
15.10 2020-052 - Being a By-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the Municipality of Clarington
171
(2510267 Ontario Ltd. (Eastrose) approved by Council on September
10, 2018)
15.11 2020-053 - Being a By-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the Municipality of Clarington
173
(Akero Developments Inc. and Zestar Developments Inc. approved by
Council on April 3, 2018)
*15.12 2020-054 - Being a By-law to Exempt a Certain Portion of Registered
Plan 40M-2614 from Part Lot Control
175
16.Procedural Notices of Motion
None
17.Other Business
17.1 Mandatory Masks Indoors for Clarington Businesses
(Councillor Zwart intends to seek Council's endorsement to suspend the
rules to introduce a Motion regarding mandatory masks indoors for
Clarington businesses)
*17.2 Condition of Region Roads 176
(Councillor Zwart intends to seek Council's endorsement to suspend the
rules to introduce a Motion regarding the condition of Regional Road)
July 6, 2020
Council Agenda
Page 6
18.Confirming By-Law
19.Adjournment
July 6, 2020
Council Agenda
Page 7
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Council Minutes
Date:
Time:
Location:
June 15, 2020
7:00 PM
Council Chambers, 2nd Floor
Municipal Administrative Centre
40 Temperance Street
Bowmanville, Ontario
Present Were:
Present by Electronic
Means:
Mayor A. Foster
Councillor G. Anderson, Councillor R. Hooper, Councillor
J. Jones, Councillor J. Neal, Councillor C. Traill, Councillor
M. Zwart
Staff Present:
Staff Present by
Electronic Means:
A. Greentree, M. Chambers
A. Allison, G. Acorn, R. Albright, S. Brake, F. Langmaid,
R. Maciver, M. Marano, T. Pinn, G. Weir
_____________________________________________________________________
1. Call to Order
Mayor Foster called the meeting to order at 7:00 PM.
2. Moment of Reflection
Councillor Hooper led the meeting in a moment of reflection.
3. Land Acknowledgement Statement
Councillor Hooper recited the Land Acknowledgement Statement.
4. Declaration of Interest
Councillor Jones declared an indirect interest in in Item 13 of the General
Government Committee Report regarding Report CSD-005-20, regarding the
2020 Community Event Sponsorship Requests - Intake 2 (Spring) for the
Bowmanville Memorial Hospital Foundation.
Councillor Neal declared an indirect interest in Item 6 of the General Government
Committee Report, regarding Report CSD-005-20, regarding the 2020
Community Sponsorship Requests for Autism Home Base Durham.
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2
Councillor Zwart declared a direct interest in Report FND-018-20 regarding
COVID-19 Financial Support Update (Unfinished Business 14.1), Section 9
Business Improvement Areas.
Councillor Zwart declared a direct interest in Item 7 of the Planning and
Development Committee Report, regarding Reopening of Hair Salons.
Mayor Foster declared an indirect interest in in Item 13 of the General
Government Committee Report regarding Report CSD-005-20 regarding the
2020 Community Event Sponsorship Requests - Intake 2 (Spring) for the
Bowmanville Memorial Hospital Foundation.
5. Announcements
Members of Council announced upcoming community events and matters of
community interest.
6. Adoption of Minutes of Previous Meeting(s)
6.1 Minutes of a regular meeting of Council dated May 25, 2020
Resolution # C-259-20
Moved by Councillor Traill
Seconded by Councillor Neal
That the minutes of the regular meeting of the Council held on May 25, 2020, be
approved.
Carried
7. Presentations
None
8. Delegations
Alter the Agenda
Resolution # C-260-20
Moved by Councillor Zwart
Seconded by Councillor Anderson
That the Agenda be altered to considered matter of Report PSD-041-19
Community Vision for Jury Lands, Urban Design Master Plan + Design
Guidelines for Former Ontario Boys Training School and WWII Prison of War
Camp 30 – Amendment No 121 to the Clarington Official Plan, at this time; and
That the matter of Report PSD-041-19, be lifted from the table.
Carried
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13.1 Report PSD-041-19, Community Vision for Jury Lands, Urban Design
Master Plan + Design Guidelines for Former Ontario Boys Training School
and WWII Prison of War Camp 30 – Amendment No 121 to the Clarington
Official Plan
Resolution # C-261-20
Moved by Councillor Zwart
Seconded by Councillor Anderson
That Report PSD-041-19 Community Vision for Jury Lands, Urban Design
Master Plan + Design Guidelines for Former Ontario Boys Training School and
WWII Prison of War Camp 30 – Amendment No 121 to the Clarington Official
Plan, be referred to the June 29, 2020 Planning and Development Committee
meeting.
Carried
Alter the Agenda
12.1 - Confidential Report LGL-005-20, Camp 30 Option Agreement
Resolution # C-262-20
Moved by Councillor Neal
Seconded by Councillor Hooper
That the Agenda be altered to consider Confidential Report LGL-005-20 - Camp
30 Option Agreement, at this time; and
That Confidential Report LGL-005-20 be referred to the June 29, 2020 Planning
and Development Committee meeting.
Carried
8.1 Devon Daniell, Kaitlin Corporation, Report PSD-041-19 Community Vision
for Jury Lands, Urban Design Master Plan + Design Guidelines for Former
Ontario Boys Training School and WWII Prison of War Camp 30 – OPA
Amendment No 121 (Agenda Item 13.1)
Devon Daniell, Kaitlin Corporation, was present via electronic mean regarding
Report PSD-041-19 Community Vision for Jury Lands, Urban Design Master
Plan + Design Guidelines for Former Ontario Boys Training School and WWII
Prison of War Camp 30 – OPA Amendment No 121 (Agenda Item 13.1). Mr.
Daniell noted that he submitted correspondence outlining Kaitlin’s concerns and
the reasons for requesting the Report to be referred. He noted that he is here to
discuss the Municipally initiated OPA 121. Mr. Daniell noted there are several
restrictions which include not being able to build more 700 units, being within 100
meters of a road, or in close proximity to heritage sites. Mr. Daniell stated that
this Municipally initiated Official Plan Amendment is unnecessary and will limit
development. He explained that they worked hard to put together a team create
the proposed development that respects heritage, includes diverse affordable
homes and includes senior housing. Mr. Daniell stated that they would like to
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4
bring their proposal forward to Council and move forward and he feels Staff is
trying to prevent them from doing this. He explained that he is frustrated and
upset as they have developed a plan and a report which includes 100 acres and
70% of that land is open space and parkland. Mr. Daniell believes both the
Members of Council and the members of the public should be aware of the
options available. He concluded by asking for their proposal to be considered
and that both options (Kaitlin’s and OPA 121) be presented in order to allow the
Members of Council to make the right decision for the land. Mr. Daniell
answered questions from the Members of Council.
8.2 Stuart McReynolds regarding Report PSD-019-20, Applications by Kaleido
Corp (formerly Landmark-Newcastle Ltd) to Amend Zoning By-law 84-63 to
Permit a 15 Unit Townhouse Development at the South-East Corner of Mill
Street and Robert Street in Newcastle
Stuart McReynolds was present via electronic means regarding Report
PSD-019-20, Applications by Kaleido Corp (formerly Landmark-Newcastle Ltd) to
Amend Zoning By-law 84-63 to Permit a 15 Unit Townhouse Development at the
South-East Corner of Mill Street and Robert Street in Newcastle. He noted that
he is a local resident that will be impacted by this development. Mr. McReynolds
acknowledged and thanked Councillor Zwart for taking the time to meet with
some of the residents at the proposed site. He noted that he is concerned with
the restrictions of the format of the public meeting being an online format. Mr.
McReynolds added that two years ago when this application was brought to
Committee there were many residents who spoke to the proposed
development. He has spoken to many residents who have expressed concerns
and a petition has been started for residents who are in opposition to the
development. Mr. McReynolds noted some of the comments in the petition
include concerns with increased traffic, density, height, lowering of property
values and that the development does not fit in the with the existing
neighbourhood. He continued by stating he does not feel this development
aligns with Clarington's Official Plan as it does not respect character of the
neighbourhood design. Mr. McReynolds noted this type of higher density
development is better suited on a local corridor which has access to public
transit. He added that the applicant has asked of many variances for this
development. Mr. McReynolds explained that he has many safety concerns
including increased traffic, the trees restricting site lines and that this is a school
zone. He added that he is also concern with the access to the development and
the increase population of the nearby school. Mr. McReynolds also noted that
accessibility plans should be considered as he feels there are not enough
accessible parking spots. He added that the current public land is an eye sore
and current owner does not maintain the property. Residents need to complain
to have the lawn maintained and he is concerned this will carry through to the
development. Mr. McReynolds concluded by encouraging the Members of
Council to table the application and give the residents an opportunity to
participate and, if the development is to continue it is with something that fits
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more with the neighbourhood design. He answered questions from the Members
of Council.
8.3 Peter Van Loan, Aird and Berlis, Report PSD-041-19 Community Vision for
Jury Lands, Urban Design Master Plan + Design Guidelines for Former
Ontario Boys Training School and WWII Prison of War Camp 30 – OPA
Amendment No 121 (Agenda Item 13.1)
Peter Van Loan, Aird and Berlis, was present via electronic means regarding
Report PSD-041-19 Community Vision for Jury Lands, Urban Design Master
Plan + Design Guidelines for Former Ontario Boys Training School and WWII
Prison of War Camp 30 – OPA Amendment No 121 (Agenda Item 13.1). Mr. Van
Loan asked for the Official Plan Amendment 121 to be deferred until the property
owners’ proposal can be considered by the Members of Council. He explained
that there is a generous donation of parkland which exceeds the amount required
under the Planning Act. Mr. Van Loan explained that a planning application was
submitted on May 21, 2020 which reflects the donation of the parkland. He
explained that the Municipality and property owner need to work together and
asked for the Municipality to fully consider the owners’ plans. Mr. Van Loan
stated that the Members of Council have the duty to act fairly and in order to do
that all of the relevant information needs to be reviewed. He asked for the
Members of Council to direct Staff to defer the proposed Official Plan
Amendment until the property owners’ plan can be reviewed. Mr. Van Loan
noted that he is very supportive of heritage preservation and restoration. He
explained that all of the facts are needed to make an informed decision and that
Official Plan Amendment 121 is based on the DTHA Design Study. Mr. Van
Loan explained that his clients have made a serious commitment and they are
looking to provide a development which includes high quality senior housing. He
added they have transferred parkland and cash contributions in the
agreement. Mr. Van Loan stated that the conditions of the agreement have been
fulfilled and if OPA 121 is adopted the conditions will not longer be satisfied. He
concluded by asking for the property owners’ application to be circulated so an
informed decision can be made. Mr. Van Loan answered questions from the
Members of Council.
Recess
Resolution # C-263-20
Moved by Councillor Neal
Seconded by Councillor Jones
That the Council recess for 5 minutes.
Carried
The meeting reconvened at 8:18 PM with Mayor Foster in the Chair.
Members of Council continued to ask questions of Mr. Van Loan.
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8.4 Neil Moore regarding Draft Plan of Subdivision and Rezoning to Permit a
Block of 17 Townhouse Units at 1668 Nash Road in Courtice (Item 3 of the
Planning and Development Committee Report)
Neil Moore was present via electronic means regarding Draft Plan of Subdivision
and Rezoning to Permit a Block of 17 Townhouse Units at 1668 Nash Road in
Courtice (Item 3 of the Planning and Development Committee Report). He noted
that he is a local resident, and both Courtice North and Courtice Secondary
School's are in his neighbourhood. Mr. Moore is concerned that the maps in the
Report do not show the elevation change on Nash Road and this could be
dangerous when turning onto Nash Road from Richfield Square. He added that
safety measures have already been put in place, including signs to reduce the
speeds and a traffic lights. Mr. Moore is concerned that the corner of the
development is near a bus stop and this will become a danger due to
construction in the area. Mr. Moore noted that he is concerned with construction
dust and debris. He asked for the trees to be maintained and for access to
Richfield Square to restricted. Mr. Moore added that if the trees need to be taken
down that they are replaced with new trees. He continued by noting he is
concerned with additional traffic, lack of accessible parking spaces, noise
pollution, and that the development will result in increased on street parking. Mr.
Moore concluded by asking for quarterly traffic studies to be submitted,
construction vehicles prohibited from parking or using Richfield Square, street
cleaned on a regular basis, and all roads that are cut to be fully re-paved. He
answered questions from the Members of Council.
9. Communications – Receive for Information
9.3 Steve Clark, Minister, Ministry of Municipal Affairs and Housing regarding a
Message with Respect to the Planning Act
Resolution # C-264-20
Moved by Councillor Jones
Seconded by Councillor Anderson
That Correspondence Items 9.1 to 9.3 be received for information with the
exception of Items 9.1 and 9.2.
Carried
9.1 Guy W. Giorno, Integrity Commissioner, Fasken Martineau DuMoulin LLP,
regarding Council Members and Alleged By-law Infractions
Resolution # C-265-20
Moved by Councillor Neal
Seconded by Councillor Zwart
That Correspondence Item 9.1 be referred back to Staff to enquire if Members of
Council are permitted to follow up with Municipal Law Enforcement staff on
whether a matter has been rectified, and if not why; and
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That a policy detailing Council’s role in enforcement be developed.
Carried
9.2 Confidential Memo from Robert Maciver, Municipal Solicitor, regarding
Potential Acquisition of Land
Resolution # C-266-20
Moved by Councillor Neal
Seconded by Councillor Hooper
That Correspondence Item 9.2, be referred to the end of the Agenda to be
considered during Closed Session.
Carried
10. Communications – Direction
10.1 Memo from Trevor Pinn, Director of Finance/Treasurer regarding Proposed
Amendments to Property Tax Relief Program
10.2 Memo from Trevor Pinn, Director of Finance/Treasurer regarding Report
FND-018-20 – Draft CIP By-law
10.3 Devon Daniell, Kaitlin Corporation regarding Community Vision for Jury
Lands, Urban Design Master Plan + Design Guidelines for former Ontario
Boys Training School and WWII Prison of War Camp 30 – Amendment No
121 to the Clarington Official Plan
10.4 Bernice Norton, President, ACO Clarington, regarding Community Vision
for Jury Lands, Urban Design Master Plan + Design Guidelines for former
Ontario Boys Training School and WWII Prison of War Camp 30 –
Amendment No 121 to the Clarington Official Plan
10.5 Marilyn Morawetz, Jury Lands Foundation, regarding Community Vision for
Jury Lands, Urban Design Master Plan + Design Guidelines for former
Ontario Boys Training School and WWII Prison of War Camp 30 –
Amendment No 121 to the Clarington Official Plan
10.6 Linda Rohr regarding Report PSD-019-20, Applications by Kaleido Corp
(formerly Landmark-Newcastle Ltd) to Amend Zoning By-law 84-63 to
Permit a 15 Unit Townhouse Development at the South-East Corner of Mill
Street and Robert Street in Newcastle
10.7 Memo from Faye Langmaid, Acting Director of Planning regarding
Temporary Patios in response to COVID-19 Re-Openings
10.9 Peter Van Loan, Aird and Berlis, Report PSD-041-19 Community Vision for
Jury Lands, Urban Design Master Plan + Design Guidelines for Former
Ontario Boys Training School and WWII Prison of War Camp 30 – OPA
Amendment No 121
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10.11 Bob Schickedanz, Far Sight Homes, regarding Report PSD-041-19
Community Vision for Jury Lands, Urban Design Master Plan + Design
Guidelines for Former Ontario Boys Training School and WWII Prison of
War Camp 30 Amendment 121 to COPA
Resolution # C-267-20
Moved by Councillor Jones
Seconded by Councillor Neal
That Correspondence Item 10.1 to 10.9 and 10.11 be approved, on consent with
the exception of Item 10.8 as follows:
That Correspondence Item 10.1, Memo from Trevor Pinn, Director of
Finance/Treasurer regarding Proposed Amendments to Property Tax
Relief Program, be referred to the consideration of Unfinished Business
Item 14.1 - Report FND-018-20.
That Correspondence Item 10.2, Memo from Trevor Pinn, Director of
Finance/Treasurer regarding Draft CIP By-law, be referred to the
consideration of Unfinished Business Item 14.1 - Report FND-018-20.
That Correspondence Item 10.3, from Devon Daniell, Kaitlin Corporation,
regarding Report PSD-041-19, Community Vision for Jury Lands, Urban
Design Master Plan + Design Guidelines for former Ontario Boys Training
School and WWII Prison of War Camp 30 – Amendment No 121 to the
Clarington Official Plan, be referred to the consideration of the Report at
the June 29, 2020 Planning and Development Committee meeting.
That Correspondence Item 10.4, from Bernice Norton, President, ACO
Clarington, regarding Report PSD-041-19, Community Vision for Jury
Lands, Urban Design Master Plan + Design Guidelines for former Ontario
Boys Training School and WWII Prison of War Camp 30 – Amendment No
121 to the Clarington Official Plan, be referred to the consideration of the
Report at the June 29, 2020 Planning and Development Committee
meeting.
That Correspondence Item 10.5, from Marilyn Morawetz, Jury Lands
Foundation, regarding Report PSD-041-19, Community Vision for Jury
Lands, Urban Design Master Plan + Design Guidelines for former Ontario
Boys Training School and WWII Prison of War Camp 30 – Amendment No
121 to the Clarington Official Plan, be referred to the consideration of the
Report at the June 29, 2020 Planning and Development Committee
meeting.
That Correspondence Item 10.6 from Linda Rohr regarding Report
PSD-019-20, Applications by Kaleido Corp (formerly Landmark-Newcastle
Ltd) to Amend Zoning By-law 84-63 to Permit a 15 Unit Townhouse
Development at the South-East Corner of Mill Street and Robert Street in
Newcastle, be referred to Item 6 of the Planning and Development
Committee Report.
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That Correspondence Item 10.7 from Faye Langmaid, Acting Director of
Planning regarding Temporary Patios in response to COVID-19 Re-
Openings, be referred to the consideration of Item 2 of the Planning and
Development Committee Report.
That Correspondence Item 10.9, from Peter Van Loan, Aird and Berlis,
regarding Report PSD-041-19, Community Vision for Jury Lands, Urban
Design Master Plan + Design Guidelines for former Ontario Boys Training
School and WWII Prison of War Camp 30 – Amendment No 121 to the
Clarington Official Plan, be referred to the consideration of the Report at
the June 29, 2020 Planning and Development Committee meeting.
That Correspondence Item 10.11, Bob Schickedanz, Far Sight Homes,
regarding Report PSD-041-19, Community Vision for Jury Lands, Urban
Design Master Plan + Design Guidelines for former Ontario Boys Training
School and WWII Prison of War Camp 30 – Amendment No 121 to the
Clarington Official Plan, be referred to the consideration of the Report at
the June 29, 2020 Planning and Development Committee meeting.
Carried
10.8 John Currey, Earth Boring Co. Limited, regarding a Request for Exemption
to By-Law 2007-071 - Noise By-law
Resolution # C-268-20
Moved by Councillor Neal
Seconded by Councillor Hooper
That request form John Currey, Earth Boring Co. for an exemption to the
Municipality's Noise By-law 2007-071 for Road Tunnelling at Rudell Rd and
Sunset Blvd in Newcastle, be approved.
Carried as Amended, see following motion
Resolution # C-269-20
Moved by Councillor Neal
Seconded by Councillor Anderson
That the foregoing Resolution #C-268-20 be amended by adding the following at
the end:
"That the authority be delegated to the Director of Engineering to revoke
the exemption to the By-law if necessary."
Carried
The foregoing Resolution #C-268-20 was then put a vote and carried as
amended.
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10.10 Memo from Andy Allison, CAO, regarding Application Intake Window for
Infrastructure Canada’s Disaster Mitigation and Adaptation Fund (DMAF)
Resolution # C-270-20
Moved by Councillor Neal
Seconded by Councillor Hooper
That Correspondence Item 10.10, Memo from Andy Allison, CAO, regarding
Application Intake Window for Infrastructure Canada’s Disaster Mitigation and
Adaptation Fund (DMAF), be received for information.
Carried
10.12 Thomas Sheehan, Enniskillen General Store regarding for Municipal
Approval to Sell Alcohol Holidays
10.13 Rahim Ramal, Hampton General Store, regarding for Municipal Approval to
Sell Alcohol Holidays
Resolution # C-271-20
Moved by Councillor Neal
Seconded by Councillor Hooper
That correspondence items 10.12 and 10.13, being requests from Enniskillen
General Store and Hampton General Store for Municipal approval to sell alcohol
on the following holidays be approved; and
Canada Day Wednesday, July 1, 2020
Civic Holiday Monday, August 3, 2020
Labour Day Monday, September 7, 2020
Thanksgiving Monday, October 12, 2020
Boxing Day Saturday, December 26, 2020
That approval be granted for any other existing licenced LCBO Convenience
Outlet located in Clarington, should the Operator be interested in selling on the
respective holidays.
Carried
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11
11. Committee Reports
11.1 Advisory Committee Reports
11.1.1 Minutes of the Newcastle Community Hall Board dated April 28, and May
19, 2020
11.1.2 Minutes of the Active Transportation and Safe Roads Advisory Committee
dated March 11, 2020
11.1.3 Minutes of the Agricultural Advisory Committee dated May 14, 2020
11.1.4 Minutes of the Accessibility Advisory Committee dated June 3, 2020
11.1.5 Minutes of the Tourism Advisory Committee dated May 22, 2020
11.1.6 Minutes of the Clarington Heritage Committee dated May 26, 2020
11.1.7 Minutes of the Clarington Diversity Advisory Committee dated May 28, 2020
Resolution # C-272-20
Moved by Councillor Zwart
Seconded by Councillor Anderson
That Advisory Committee Report Item 11.1.1 to 11.1.7, be approved.
Carried
Recess
Resolution # C-273-20
Moved by Councillor Neal
Seconded by Councillor Jones
That the Council recess for 10 minutes.
Carried
The meeting reconvened at 9:41 PM with Mayor Foster in the Chair.
11.2 General Government Committee Report of June 1, 2020
Resolution # C-274-20
Moved by Councillor Anderson
Seconded by Councillor Hooper
That the recommendations contained in the General Government Committee
Report of June, 1, 2020 be approved on consent, with the exception of items 6
and 13, 2,1e, 1g, 3, 27 and 29.
Carried
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12
Item 6 - Autism Home Base Durham
Councillor Neal declared an indirect interest in Item 6 of the General Government
Committee Report, regarding Report CSD-005-20 regarding the 2020
Community Sponsorship Requests for Autism Home Base Durham as he is a
Member of the Board. Councillor Neal muted his audio and video and refrained
from discussion on this matter.
Resolution # C-275-20
Moved by Councillor Hooper
Seconded by Councillor Zwart
That the Sponsorship Application, from Autism Home Base Durham, for the Fall
Family Symposium 2020, be approved in the amount of $1,000.
Carried
Item 13 - Bowmanville Memorial Hospital Foundation
Councillor Jones declared an indirect interest in in Item 13 of the General
Government Committee Report regarding Report CSD-005-20 regarding the
2020 Community Event Sponsorship Requests - Intake 2 (Spring) for the
Bowmanville Memorial Hospital Foundation as she an employee of Lakeridge
Health. Councillor Jones muted her audio and video and refrained from
discussion on this matter.
Mayor Foster declared an indirect interest in in Item 13 of the General
Government Committee Report regarding Report CSD-005-20 regarding the
2020 Community Event Sponsorship Requests - Intake 2 (Spring) for the
Bowmanville Memorial Hospital Foundation as a member of his family is doing
work for Lakeridge Health. Mayor Foster muted his audio and video and refrained
from discussion on this matter.
Councillor Neal Chaired this portion of the meeting.
Resolution # C-276-20
Moved by Councillor Anderson
Seconded by Councillor Hooper
That the Sponsorship Application #S20-06, from Bowmanville Memorial Hospital
Foundation, be approved in the amount of $2,000.
Carried
Mayor Foster assumed the chair.
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13
Item 1e - Memo from Steve Brake, Acting Director of Operations and
George Acorn, Director of Community Services, Regarding Report CSD-
008-19 Single Use Plastics in Municipal Buildings
Resolution # C-277-20
Moved by Councillor Neal
Seconded by Councillor Anderson
That the Correspondence Item 9.5 Memo from Steve Brake, Acting Director of
Operations and George Acorn, Director of Community Services, Regarding
Report CSD-008-19 Single Use Plastics in Municipal Buildings, be received for
information.
Carried
Item 1g - Service Delivery Review Update - Tourism Update
Resolution # C-278-20
Moved by Councillor Neal
Seconded by Councillor Hooper
That Report CAO-013-20, Service Delivery Review Update - Tourism, be
received for information.
Carried
Item 2 - Universal Basic Income
Resolution # C-279-20
Moved by Councillor Hooper
Seconded by Councillor Anderson
That the following resolution from Jeff Bunn, Manager, Council & Committee
Services/Deputy Clerk, City of Kitchener, regarding Universal Basic Income, be
endorsed by the Municipality of Clarington:
Whereas the World Health Organization (WHO) on March 11, 2020
declared COVID-19 a pandemic, pointing to the growing number of cases
of the coronavirus illness around the world and the sustained risk of
further global spread;
And whereas in response to the COVID-19 pandemic, the Province of
Ontario and the City of Kitchener have declared a state of emergency
under the Emergency Management and Civil Protection Act;
And whereas the City of Kitchener has approved the Early Economic
Support Plan, which provides financial and economic support measures to
help reduce the financial strain on citizens and businesses during the
COVID-19 pandemic;
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14
And whereas Statistics Canada has reported that the unemployment rate
has risen to 7.8 per cent, with 1,011,000 jobs lost in March 2020, and that
the COVID-19 pandemic has impacted the employment of 3.1 million
Canadians;
And whereas the Federal government has announced $82 billion in relief
funding for the COVID-19 Economic Response Plan, utilizing tax deferrals,
subsidies, loans, and credits to support citizens, businesses, and
industries;
And whereas according to a 2018 Parliamentary Budget Office report, a
Canada-wide basic income of the type previously piloted in Ontario would
have an annual net cost of $44 billion;
And whereas a universal basic income would likely have many positive
effects, including reducing poverty, reducing strain on health care and
social assistance systems, supporting businesses and the economy,
reducing crime, as well as reducing administrative complexity and creating
efficiencies for those in need of financial and economic support measures;
Therefore Be It Resolved that the Council of the City of Kitchener urges
the Ontario Provincial government to pursue a partnership with the
Federal government for the establishment of a universal basic income;
Be It Finally Resolved that this resolution be forwarded to the Right
Honourable Prime Minister of Canada; the Honourable Premier of Ontario;
the Minister of Children, Community and Social Services; the Minister of
Municipal Affairs and Housing; the Association of Municipalities of Ontario;
the Local Members of Provincial Parliament; and the Federation of
Canadian Municipalities.
Yes (5): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Traill,
and Councillor Zwart
No (2): Councillor Jones, and Councillor Neal
Carried on a recorded vote (5 to 2)
Item 3 - Outdoor Recreation Needs Assessment (ORNA)
Resolution # C-280-20
Moved by Councillor Neal
Seconded by Councillor Jones
That Report EGD-010-20 be received;
That the Outdoor Recreation Needs Assessment be approved as a guide for the
future provision of outdoor recreation facilities;
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June 15, 2020 Council Minutes
15
That Staff be directed to report back before summer break on capital
improvements to Stuart Park Tennis Courts, and other tennis courts in Clarington
and other infrastructure projects which may be included within related budgetary
allowances, to enhance user experience and that report include cost estimates
on having lights installed at three tennis courts in Courtice, Bowmanville and
Orono funded through the parkland dedication fund; and
That all interested parties listed in Report EGD-010-20 and any delegations be
advised of Council’s decision.
Carried
Item 27 - Annual Statement for the Development Charges Reserve Funds
for the Year Ended December 31, 2019
Resolution # C-281-20
Moved by Councillor Neal
Seconded by Councillor Traill
That Report FND-016-20 be received; and
That a copy of this report be posted on the Municipality’s website.
Carried
Item 29 - Actions to Support Municipalities and the Development of a Green
Economy
Resolution # C-282-20
Moved by Councillor Zwart
Seconded by Councillor Anderson
Whereas all levels of government have taken unprecedented steps to ensure the
health and well-being of Canadians during the COVID-19 public health
emergency, which has resulted in a significant economic slowdown;
And whereas climate change and environmental degradation will continue to be
ongoing threats to the health and well-being of Canadians during, and after, the
COVID-19 public health emergency;
And whereas governments will play an important role in restarting the economy
following the COVID-19 public health emergency to ensure the prosperity and
well-being of our communities;
And whereas the restart of the economy provides a unique leadership
opportunity for governments to expedite the transition to environmentally
sustainable economic activities that are prosperous and healthy for people and
the natural environment;
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16
And whereas investing in a clean economy has many benefits that contribute to
the health and well-being of people including: increased air and water quality;
technological innovation; energy-supply security through increased energy
diversity, reduced fuel costs, new employment opportunities, and healthier
natural areas;
And whereas the Municipality of Clarington has helped to create and endorse the
Durham Community Energy Plan, which outlines a strategy to respond to climate
change while providing over 7,000 new jobs each year, reducing greenhouse gas
(GHG) emissions by 70%, reducing overall household energy expenses, and
returning $40 billion in energy savings and revenue to the economy in Durham
from local energy generation by 2050;
And whereas the Municipality of Clarington is already taking actions to protect
the environment and respond to climate change by implementing Priority Green
development standards and an Energy Conservation and Demand Management
Plan, developing the Clarington Climate Action Plan, participating in the
Federation of Canadian Municipalities’ Partners for Climate Protection Program,
and declaring a climate emergency to expedite climate action;
Now therefore be it resolved,
That Mayor Foster, on behalf of the Municipality of Clarington, respectfully
request that the Federal and Provincial governments take the following actions to
support municipalities and the development of a green economy following the
COVID-19 public health emergency:
Invest in programs that reduce GHG emissions and create jobs by helping
residents and businesses retrofit existing homes and buildings and construct
new homes and buildings that are energy efficient and resilient to climate
change.
Invest in the restoration of forests, streams, rivers, wetlands, and coastal
ecosystems, which provide a wide variety of ecological goods and services,
such as clean air and water, long term carbon storage, and natural habitats.
Invest in accessible public transit systems in rural and urban areas to help
reduce GHG emissions and provide essential transportation.
Invest in cycling and pedestrian infrastructure, which enables inexpensive
non-polluting mobility and supports public health through physical activity.
Create a federal Environmental Bill of Rights, that articulates a person’s right
to clean air, water and a healthy natural environment.
Divest from the fossil fuel industry to reduce GHG emissions and mitigate
climate change.
Invest in local renewable energy production, transmission and storage, to
reduce GHG emissions and household energy expenses and create high
quality new jobs in manufacturing, installation, maintenance, and recycling.
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17
Invest in the local agricultural sector to lower GHG emissions associated with
food distribution, create local jobs, and increase local food security.
Invest in waste reduction initiatives that reduce the amount of household
waste that is being added to landfills and burned in waste incinerators
Invest in Canadian industries that are seeking solutions to climate change
and environmental damage and contributing to public well-being.
Provide financial aid to municipalities and businesses to support initiatives
that create local jobs, provide local services, increase local food security,
implement sustainable business practices, and increase resilience to climate
change.
That this resolution be forwarded to the Federation of Canadian Municipalities
(FCM) the Association of Municipalities Ontario (AMO) for circulation to
municipalities with a request for endorsement;
That a copy of this resolution be forwarded to the Honourable Erin O’Toole, MP
(Durham), Honourable Philip Lawrence MP (Northumberland-Peterborough
South), Lindsey Park, MPP (Durham), David Piccini, MPP (Northumberland-
Peterborough South); and
That a copy of this resolution be forwarded to the Region of Durham and Durham
area municipalities for endorsement.
Yes (5): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Traill,
and Councillor Zwart
No (2): Councillor Jones, and Councillor Neal
Carried on a recorded vote (5 to 2)
11.3 Planning & Development Committee Report of June 8-9, 2020
Resolution # C-283-20
Moved by Councillor Neal
Seconded by Councillor Zwart
That the recommendations contained in the Planning and Development
Committee Report of June 8-9, 2020, be approved on consent, with the
exception of items 2, 6, 1a and 7.
Carried
Item 2 - Patio Expansion for Restaurants
Resolution # C-284-20
Moved by Councillor Zwart
Seconded by Councillor Hooper
That the following resolution from Rob Burton, Mayor, Town of Oakville,
regarding Patio Expansion for Restaurants, be endorsed by the Municipality of
Clarington:
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June 15, 2020 Council Minutes
18
Whereas the economy of Oakville has been drastically impacted by the
COVID-19 pandemic with provincially mandated business restrictions and
closures, resulting in limited operations, employee lay offs, and financial
hardships;
And whereas commercial areas in Oakville form a key component
necessary to ensure that Oakville is a complete, livable community;
And whereas in response to the COVID-19 pandemic, the Mayor formed
an Economic Task Force, comprising representatives from the Oakville
Chamber of Commerce, BIAs, Visit Oakville, and Economic Development,
to provide immediate short-term relief measures to the business
community, as well as explore options to support Oakville’s long-term
economic recovery;
And whereas the Province has entered into Phase One of reopening
under the COVID-19 state of emergency and communities are preparing
for the restoration of services;
And whereas public health officials advise that two metre distancing is a
critical tool to slow the spread of COVID-19;
And whereas the reopening of commercial businesses will require interim
adjustments to methods of service delivery to maintain physical distancing
requirements related to COVID-19 and meet the needs of the community.
And whereas the Economic Task Force has collaborated to develop
the Commercial Recovery Initiative to support the town-wide reopening of
commercial businesses in a practical manner that supports the safety of
the community, employees and members of the public;
Now Therefore Be It Resolved,
1. That staff, in cooperation with members of the Economic Task Force, be
authorized to implement the Commercial Recovery Initiative, designed to re-
invigorate economic activity within the Town while simultaneously protecting
public health and safety, which includes the following:
o Making town lands in and adjacent to commercial areas available at
nominal cost to enable the provision of temporary commercial services
outdoors, including patios or pop-up facilities associated with existing
restaurants and retail businesses, or outdoor sale or display of
merchandise meeting the objectives of the program, subject to permitting
requirements;
o Incorporating physical distancing measures in commercial areas to
address safety such as dedicated queueing or pedestrian areas;
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June 15, 2020 Council Minutes
19
o Providing assistance through the Economic Task force to the BIA’s,
Chamber of Commerce and Visit Oakville with the development and
implementation of a coordinated marketing campaign that encourages
residents and visitors to support local businesses;
o Expedited processing of permits which assist existing businesses in
adjusting to the delivery of their services through alternate means;
o Temporary exemptions from providing required parking under section 40
of the Planning Act granted at nominal value to accommodate outdoor
patios, or outdoor display areas on private property;
o Any use of town land or other permits being subject to compliance with
physical distancing or other requirements applicable as a result of the
COVID-19 emergency, insurance and indemnities, and any other
restrictions necessary to protect public safety, meet accessibility
requirements and avoid undue interference with the use of public lands by
the general public or impacts on adjacent residents.
2. That the application fees for requisite approvals associated with the
Commercial Recovery Initiative, be waived for 2020; and
3. That authority to implement the Commercial Recovery Initiative is delegated
jointly to the Commissioner of Community Development and the Director of
Economic Development.
Carried
Resolution # C-285-20
Moved by Councillor Zwart
Seconded by Councillor Anderson
That Correspondence Item 10.7 from Faye Langmaid, Acting Director of Planning
regarding Temporary Patios in response to COVID-19 Re-Openings, be referred
to the consideration of Agenda Item 14.1.
Carried
Item 6 - Applications by Kaleido Corporation (formerly Landmark-
Newcastle Limited) to Amend Zoning By-law 84-63 to Permit a 15 Unit
Townhouse Development at the South-East Corner of Mill Street and
Robert Street in Newcastle
Resolution # C-286-20
Moved by Councillor Anderson
Seconded by Councillor Neal
That Report PSD-019-20 be received;
That the application to amend the Zoning By-law submitted by Kaleido
Corporation be approved and the Zoning By-law Amendment, contained in
Attachment 1 to Report PSD-019-20, be passed;
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June 15, 2020 Council Minutes
20
That, once requirements for removal of the (H) Holding Symbol, as outlined in the
policies of the Clarington Official Plan are satisfied, a By-law authorizing the
removal of the (H) Holding Symbol be forwarded to Council for approval;
That the Durham Regional Planning and Economic Development Department
and Municipal Property Assessment Corporation be forwarded a copy of Report
PSD-019-20 and Council’s decision; and
That all interested parties listed in Report PSD-019-20 and any delegations be
advised of Council’s decision.
Motion Withdrawn
Resolution # C-287-20
Moved by Councillor Anderson
Seconded by Councillor Zwart
That Report PSD-019-20, Applications by Kaleido Corporation (formerly
Landmark-Newcastle Limited) to Amend Zoning By-law 84-63 to Permit a 15 Unit
Townhouse Development at the South-East Corner of Mill Street and Robert
Street in Newcastle, be referred to the September 14, 2020 Joint Committee
Meeting to allow further discussions with the developer to consider lowering the
height of the homes and to consider fewer units.
Carried Later in the Meeting, see following motions
Suspend the Rules
Resolution # C-288-20
Moved by Councillor Neal
Seconded by Councillor Anderson
That the Rules of Procedure be suspended to extend the meeting to 11:30 PM.
Carried
Resolution # C-289-20
Moved by Councillor Neal
Seconded by Councillor Hooper
That the foregoing Resolution #C-287-20 be amended by replacing the words
"September 14, 2020" with "June 29, 2020”.
Yes (7): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor
Jones, Councillor Neal, Councillor Traill, and Councillor Zwart
Carried on a recorded vote (7 to 0)
The foregoing Resolution #C-287-20 was then put a vote and carried as
amended.
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21
Item 1a - Electric Vehicle Funding Opportunity
Resolution # C-290-20
Moved by Councillor Neal
Seconded by Councillor Hooper
That Report PSD-020-20, Electric Vehicle Funding Opportunity, be received for
information.
Carried
Item 7 - Reopening of Hair Salons
Councillor Zwart declared an indirect interest in in Item 7 of the General
Government Committee Report regarding Reopening of Hair Salons as it relates
to property she owns. Councillor Zwart muted her audio and video and refrained
from discussion on this matter.
Resolution # C-291-20
Moved by Councillor Traill
Seconded by Councillor Neal
That Item 7 of the General Government Committee Report, regarding the
Reopening of Hair Salons, be received for information.
Carried
12. Staff Reports
12.1 Confidential Report LGL-005-20 - Camp 30 Option Agreement
Confidential Report LGL-005-20 - Camp 30 Option Agreement, was considered
earlier in the meeting.
13. Business Arising from Procedural Notice of Motion
None
13.1 Report PSD-041-19 Community Vision for Jury Lands, Urban Design Master
Plan + Design Guidelines for Former Ontario Boys Training School and
WWII Prison of War Camp 30 – Amendment No 121 to the Clarington
Official Plan
Report PSD-041-19 Community Vision for Jury Lands, Urban Design Master
Plan + Design Guidelines for Former Ontario Boys Training School and WWII
Prison of War Camp 30 – Amendment No 121 to the Clarington Official Plan, was
considered earlier in the meeting.
Page 28
June 15, 2020 Council Minutes
22
14. Unfinished Business
14.1 Report FND-018-20 COVID-19 Financial Support Update
Councillor Zwart declared a direct interest in Report FND-018-20 COVID-19
Financial Support Update, Section 9 regarding Business Improvement Areas as
she owns commercial property in the BIA area. Councillor Zwart muted her
audio and video and refrained from discussion on this matter.
Resolution # C-292-20
Moved by Councillor Neal
Seconded by Councillor Jones
That Report FND-018-20 be referred to the June 22, 2020 General Government
Committee meeting with a Special Council meeting be scheduled immediately
following.
Carried
9.2 - Confidential Memo from Robert Maciver, Municipal Solicitor, regarding
Potential Acquisition of Land
Closed Session
Resolution # C-293-20
Moved by Councillor Neal
Seconded by Councillor Zwart
That, in accordance with Section 239 (2) of the Municipal Act, 2001, as
amended, the meeting be closed for the purpose of discussing a matter that
deals with advice that is subject to solicitor-client privilege, including
communications necessary for that purpose and a proposed or pending
acquisition of disposition of land by the municipality or local board.
Carried
Recess
Resolution # C-294-20
Moved by Councillor Neal
Seconded by Councillor Jones
That the Council recess for 5 minutes.
Carried
Rise and Report
The meeting resumed in open session at 11:48 PM.
Mayor Foster advised that one item was discussed in “closed” session in
accordance with Section 239(2) of the Municipal Act, 2001 and one resolution
was passed on a procedural matter.
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June 15, 2020 Council Minutes
23
Resolution # C-295-20
Moved by Councillor Neal
Seconded by Councillor Hooper
That Correspondence Item 9.2 - Confidential Memo from Robert Maciver,
Municipal Solicitor, regarding Potential Acquisition of Land, be received for
information.
Carried
15. By-laws
Resolution # C-296-20
Moved by Councillor Hooper
Seconded by Councillor Anderson
That leave be granted to introduce By-law 2020-040; and
That the said by-law be approved.
Carried
16. Procedural Notices of Motion
None
17. Other Business
None
18. Confirming By-Law
Resolution # C-297-20
Moved by Councillor Hooper
Seconded by Councillor Anderson
That leave be granted to introduce By-law 2020-041, being a by-law to confirm
the proceedings of the Council of the Municipality of Clarington at a regular
meeting held on the 15th day of June, 2020; and
That the said by-law be approved.
Carried
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24
19. Adjournment
Resolution # C-298-20
Moved by Councillor Hooper
Seconded by Councillor Neal
That the meeting adjourn at 11:52 PM.
Carried
Mayor Municipal Clerk
Page 31
1
If this information is required in an alternate format, please contact the
Accessibility Co-ordinator at 905-623-3379 ext. 2131
Special Council Meeting
Minutes
Date:
Time:
Location:
June 22, 2020
4:30 PM
Microsoft Teams
Present Were:
Present Via Electronic
Means:
Mayor A. Foster
Councillor G. Anderson, Councillor R. Hooper, Councillor J.
Jones, Councillor J. Neal, Councillor C. Traill, Councillor M.
Zwart
Staff Present:
Present Via Electronic
Means:
J. Gallagher, L. Patenaude
A. Allison, G. Acorn, R. Albright, F. Langmaid, R. Maciver, S.
Brake, M. Marano, T. Pinn, G. Weir, A. Greentree
_____________________________________________________________________
1. Call to Order
Mayor Foster called the meeting to order at 10:48 PM.
2. Declaration of Interest
Council Neal declared an indirect interest in Item 3.1, Paragraph 4, regarding
Community Agencies Rent Relief.
Councillor Hooper declared a direct interest in item 3.1, Paragraph 7,
Correspondence from the Historic Downtown Bowmanville Centre.
3. Committee Reports
3.1 General Government Committee Report of June 22, 2020
Resolution # C-298-20
Moved by Councillor Neal
Seconded by Councillor Zwart
That FND-018-20 be received;
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2
That the temporary tax relief by-law under Section 365 of the Municipal Act as
set forth in Attachment 1 to the memo from the Director of Finance dated June 9,
2020, be approved, with the following amendments:
a. “Eligible Proprietor” be deleted;
b. The eligibility period shall expire on June 19, 2020 and the deadline for
submitting an application shall be August 31, 2020;
c. Any amounts unexpended from the $1,000,000 tax relief fund as of
September 30, 2022 be transferred to the Clarington CIP.
That the Clarington CIP be enacted, and a $1,000,000 fund be established for
improvements as set forth in the staff report to qualifying businesses in
Clarington that meet the following criteria:
a. The business was forced to shut down as a result of the provincial
emergency declaration;
b. A restaurant which was only doing take out business qualifies as being
forced to shut down;
c. The business is independently owned, and is not part of a national or
provincial chain;
d. The business owner meets a means test, as determined by staff.
That Community Agencies renting space in Municipal buildings be provided rent
relief, outside of the Community COVID-19 Support Program, as recommended
in Attachment 3 to Report FND-018-20;
That Community COVID-19 Support Program guidelines and application, as
included in Attachments 4 and 5, be approved and Staff be directed to proceed
with the intake with the Director of Finance, Director of Community Services and
the CAO being delegated authority to award grants;
That Darlington Soccer Club be granted a deferral of their contribution to the
Bowmanville Indoor Soccer facility to 2021;
That correspondence dated April 20, 2020 from the Historic Downtown
Bowmanville Centre (BIA) be received for information;
That Staff examine options and implement the closing of downtown streets and
Municipal parking lots to provide outdoor seating in consultation with the BIAs;
and
That all interested parties listed in Report FND-018-20 and any delegations be
advised of Council’s decision.
Carried, Later in the Meeting, By Division
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3
Councillor Neal declared an indirect interest in Paragraph 4, regarding
Community Agencies Rent Relief as he is a member of the Autism Home Base
Durham Board. Councillor Neal muted is audio and video and refrained from
voting on this matter.
Councillor Hooper declared a direct interest in Paragraph 7, Correspondence
from the Historic Downtown Bowmanville Centre as he is a member of the
BIA. Councillor Hooper muted is audio and video and refrained from voting on
this matter.
Resolution # C-299-20
Moved by Councillor Neal
Seconded by Councillor Zwart
That the foregoing Resolution #C-298-20 be divided such that Paragraph 4 and
Paragraph 7 be considered separately.
Carried
Paragraphs 1,2,3,5,6,8 and 9 of the foregoing Resolution #C-298-20 was now
before Council
Resolution # C-300-20
Moved by Councillor Neal
Seconded by Councillor Zwart
That FND-018-20 be received;
That the temporary tax relief by-law under Section 365 of the Municipal Act as
set forth in Attachment 1 to the memo from the Director of Finance dated June 9,
2020, be approved, with the following amendments:
a. “Eligible Proprietor” be deleted;
b. The eligibility period shall expire on June 19, 2020 and the deadline for
submitting an application shall be August 31, 2020;
c. Any amounts unexpended from the $1,000,000 tax relief fund as of
September 30, 2022 be transferred to the Clarington CIP.
That the Clarington CIP be enacted, and a $1,000,000 fund be established for
improvements as set forth in the staff report to qualifying businesses in
Clarington that meet the following criteria:
a. The business was forced to shut down as a result of the provincial
emergency declaration;
b. A restaurant which was only doing take out business qualifies as being
forced to shut down;
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4
c. The business is independently owned, and is not part of a national or
provincial chain;
d. The business owner meets a means test, as determined by staff.
That Community COVID-19 Support Program guidelines and application, as
included in Attachments 4 and 5, be approved and Staff be directed to proceed
with the intake with the Director of Finance, Director of Community Services and
the CAO being delegated authority to award grants;
That Darlington Soccer Club be granted a deferral of their contribution to the
Bowmanville Indoor Soccer facility to 2021;
That Staff examine options and implement the closing of downtown streets and
Municipal parking lots to provide outdoor seating in consultation with the BIAs;
and
That all interested parties listed in Report FND-018-20 and any delegations be
advised of Council’s decision.
Carried
Paragraph 4 of the foregoing Resolution #C-298-20 was now before the
Committee for consideration.
Councillor Neal declared an indirect interest in Paragraph 4, regarding
Community Agencies Rent Relief as he is a member of the Autism Home Base
Durham Board. Councillor Neal muted his video and audio and refrained from
voting on this matter.
Resolution # C-301-20
Moved by Councillor Zwart
Seconded by Councillor Anderson
That Community Agencies renting space in Municipal buildings be provided rent
relief, outside of the Community COVID-19 Support Program, as recommended
in Attachment 3 to Report FND-018-20.
Carried
Councillor Neal returned to the meeting.
Paragraph 7 of the foregoing Resolution #C-298-20 was now before the
Committee for consideration.
Councillor Hooper declared a direct interest in Paragraph 7, Correspondence
from the Historic Downtown Bowmanville Centre as he is a member of the
BIA. Councillor Hooper muted his video and audio and refrained from voting on
this matter.
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5
Resolution # C-302-20
Moved by Councillor Zwart
Seconded by Councillor Neal
That Correspondence dated April 20, 2020 from the Historic Downtown
Bowmanville Centre (BIA), be received for information.
Carried
4. By-laws
4.1 2020-038 - Being a By-law to Establish a Property Tax Relief Program for
Those Facing Unduly Burdensome Taxes as a Result of the COVID-19
Pandemic
4.2 2020-039 - Being a By-law to Adopt the a Municipal-Wide COVID-19
Response Community Improvement Project Area
Resolution # C-303-20
Moved by Councillor Hooper
Seconded by Councillor Zwart
That leave be granted to introduce By-laws 2020-038 and 2020-039; and
That the said by-laws be approved, with the changes to By-law 2020-038, as
outlined in Sections 2 and 3 of Resolution #C-298-20.
Carried
5. Confirming By-law
Resolution # C-304-20
Moved by Councillor Hooper
Seconded by Councillor Zwart
That leave be granted to introduce By-law 2020-042, being a by-law to confirm
the proceedings of the Council of the Municipality of Clarington at a regular
meeting held on the 22nd day of June, 2020; and
That the said by-law be approved.
Carried
Page 36
Special Council Minutes of June 22, 2020
6
6. Adjournment
Resolution # C-305-20
Moved by Councillor Neal
Seconded by Councillor Anderson
That the meeting adjourn at 10:57 PM.
Carried
Mayor Municipal Clerk
Page 37
Page 38
Page 39
COVID-19
Residential and Commercial Construction Industry
Government of Ontario’s Post COVID-19 Recovery
Construction to Kick Start Ontario’s Economy -Proposed Liquidity
and Recovery Measures
Page 40
A message from BILD
2
A Message From BILDTable of Contents
A Message from BILD, OHBA and CHBA…………………………………………3
Government of Ontario Jobs and Recovery Committee Mandate………………4
BILD, OHBA and CHBA……………………………………………………………...8
Residential and Commercial Construction Industry Highlights………………….12
Proposed Liquidity and Recovery Measures………………………………………21
Contributors……………………………………………………………………………29
Other Potential Federal Measures…………………………………………………..32
Page 41
A message from BILD
3
A Message From BILDA Message from BILD, OHBA and CHBA
May 19, 2020
The Honourable Rod Phillips, Minister of Finance & Chair of the Ontario Jobs and Recovery Committee:
COVID-19 has had a tremendous and unprecedented impact on our economy and society. We applaud and congratulate the Ontario government on its leadership and
management of the COVID-19 pandemic. We also applaud the establishment of the Ontario Jobs and Recovery Committee to develop a plan to stimulate economic
growth and job creation.
With the assistance of PricewaterhouseCoopers LLP (Canada) and Altus Group Economic Consulting, the Ontario Home Builders’ Association (OHBA), the Canadian
Home Builders’ Association (CHBA), and the Building Industry and Land Development Association (BILD) have prepared the following presentation for consideration by
the Ontario Jobs and Recovery Committee with respect to the residential, commercial, office and industrial building and development industry, as well as our
professional renovation members, and their consumers.
This submission outlines proposed liquidity measures as well as other recommendations that can be deployed by all levels of government to ensure the rapid recovery
of the industry in the Greater Toronto Area (GTA) post-COVID-19 and to support the Province of Ontario’s economic recovery.
Of primary concern is the impact that COVID–19 may have on the economy and consumers, temporary and permanent job losses, and liquidity challenges within the
industry.
This submission also recognizes the collaborative approach that your government has taken during the COVID-19 crisis. We have extended and adopted your
approach and worked together to bring recommendations that can support the positioning of the GTA, our province and our country for economic recovery.
Dave Wilkes Joe Vaccaro Kevin Lee
President and CEO Chief Executive Officer Chief Executive Officer
BILD OHBA CHBAPage 42
Government of Ontario
Jobs and Recovery
Committee Mandate
Page 43
Developing a plan to stimulate economic growth and job creation
While we focus our energy and resources on defeating COVID-19, today's job
numbers highlight why we also need to plan for an economic recovery,” said Rod
Phillips, Minister of Finance. “At Premier Ford's request, I have convened the Ontario
Jobs and Recovery Committee. And our first order of business is to prepare for the
next phase of Ontario’s Action Plan, which will be ready to launch as soon as COVID-
19 is contained. This team will get our economy moving again ― with a focus on job
creation, opportunities for growth, and protecting our province from future threats.
[April 9, 2020]
The Honourable Rod Phillips, Minister of Finance (Ontario)
5Page 44
Our Understanding of the Government of Ontario
Jobs and Recovery Committee Mandate
6
Develop a Recovery Plan
●Consultation process with multiple stakeholders
●Crisis management and business continuity
●Develop next phase of Ontario’s Action Plan
Stimulate Economic Growth
●High-impact measures to create needed liquidity
●New business models and transformation
opportunities that reduce regulation
●Stimulate and incentivize consumers and business
Job Creation
●Address the loss of more than 400,000 jobs in
Ontario
●Training and development programs
●Partnering with new business models
Page 45
Develop a Recovery Plan
Ontario’s Recovery Plan is premised on consultation
with various stakeholders so that businesses can
continue and Ontario can work towards the next
phase of Ontario’s Action Plan.Included in the list of
proposed liquidity measures are ones that create an
immediate and significant impact to the consumer and
business, and involve little to no new money by
government.Proposed measures include:
1.Adjusting the Canadian Mortgage Stress Test
for both insured and uninsured mortgages,
making the benchmark more dynamic and
reducing it for longer-term mortgages
2.Introducing 30-year amortizations for insured
mortgages
3.Transferring mortgage tenancy to the date of
occupancy for new condominiums
4.Eliminating security deposits for Ontario Land
Transfer Tax on affiliated transfers
5.Freezing municipal increases to Property Tax
Reassessment and development charges
7
Executive summary
Stimulate Economic Growth
An important facet of any recovery is providing the
appropriate amount of economic stimulus to
encourage and incentivize businesses and consumers.
This presentation outlines potential recommendations
that may have immediate costs for government in the
form of either new money and/or reduced government
revenues.However, they could assist by providing
financial relief to the industry and the consumer:
1.Removing of GST/HST on new home
purchases and related rebates
2.Allowing interest deductions on a current basis
rather than being capitalized to land inventory
3.Eliminating or suspending the application of
certain taxes such as the Ontario Land Transfer
Tax, Municipal Land Transfer tax, HST.
4.Removing GST from the construction costs of
new rental housing and costs of renovating
rental housing
Job Creation
Pre-COVID-19, Ontario’s economy was growing at a
strong pace and businesses continued to expand and
thrive. Liquidity measures and stimulus are needed to
generate jobs to replace lost jobs while maintaining
current tax rates.Proposed measures include:
1.Ontario infrastructure fund to repair and build
new roads, bridges, potholes, schools to
create jobs and benefit the community at large
2.Introduce a home renovation tax credit for
2020 and 2021, plus a permanent energy
retrofit tax credit
3.Refundable tax credit for expenses for
upgrading buildings in Ontario and for
repurposing facilities in Ontario because of
COVID-19
4.Enhanced municipal service delivery
efficiencies
The following presentation provides proposed liquidity measures that could have an impact on the Industry
and are designed to address the Committee’s three mandates -Developing a Recovery Plan, Stimulus and
Job Creation. Although all levels of government will need to be aligned to achieve the Committee’s
mandate, a GTA-focused recovery will have a profound impact on Ontario and the rest of Canada.
Page 46
BILD, OHBA and CHBA
Page 47
The Building Industry and
Land Development Association
9
The Building Industry and Land Development Association (BILD) is an advocacy
and educational group representing the building, land development and
professional renovation industry in the Greater Toronto Area (GTA). BILD is the
largest home builders’ association in Canada, and is affiliated with the Ontario
Home Builders’ Association and the Canadian Home Builders’ Association.
BILD’s membership of 1,500 companies consists not only of direct industry
participants but also of supporting companies such as financial and professional
service organizations, trade contractors, as well as manufacturers and suppliers of
home-related products.
BILD is an industry-funded, not-for-profit organization, with its primary mandate
being to act as a voice for the industry in its interactions with stakeholders
including governments and consumers in order to protect and promote the
interests of its members.
BILD is the voice of the home building, land development and professional
renovation industry in the Greater Toronto Area. The building and renovation
industry provides $34 billion in investment value and employs 270,000 people in
the region.
More information on BILD is available from www.bildgta.ca
Page 48
Ontario Home Builders’ Association
10
As a #homebeliever champion, the Ontario Home Builders’ Association
(OHBA) believes in the great Canadian dream of home ownership by
supporting more housing choice and supply across Ontario. OHBA is the
voice of the residential construction industry in Ontario, representing 4,000
member companies organized into 27 local associations across the
province. Our membership is made up of all disciplines involved in land
development and residential construction, including: builders, developers,
professional renovators, trade contractors, manufacturers, consultants and
suppliers.
In addition, OHBA collects, analyzes and distributes information to its
members and the general public; promotes innovation and professionalism
within the industry; promotes affordability and choice in housing; and
provides group benefit plans and other membership services.
Our members have built over 700,000 homes in the last ten years in over
500 Ontario communities. The residential construction industry employs
over 500,000 people and contributes over $60 billion to the provincial
economy. The best way to think of OHBA is as a network of volunteers
working in committees to advocate, inform and educate interests in these
core areas.
More information on OHBA is available from https://www.ohba.ca/
Page 49
The Canadian Home Builders’
Association
11
Who We Are
Since 1943, the Canadian Home Builders' Association (CHBA) has been "the voice of
Canada's residential construction industry.“ Representing one of the largest industry sectors in
Canada, our membership is made up of some 9,000 companies –including home builders,
renovators, land developers, trade contractors, product and material manufacturers, building
product suppliers, lending institutions, insurance providers, and service professionals.
What We Do
CHBA seeks a strong and positive role for the housing industry in Canada’s economy and in
the life and development of our communities. In addressing this goal, we support the business
success of our members. We work to ensure Canadians have access to homes that meet their
needs at a price they can afford to pay, and that the interests of homebuyers and homeowners
are understood by governments.
How We Work
CHBA is one association working at three levels –nationally, provincially and locally. Our
members join a local home builders’ association (like BILD) and automatically become
members at the provincial and national levels of the Association.
Each level of the Association works with the government at their level.And because many
housing issues involve multiple levels of government, we collaborate to ensure a consistent
approach towards real solutions that will benefit consumers.
At the national level, our system of Committees and Councils brings together builders and
industry experts from across the country to share information and ideas, and to formulate
recommendations to governments to improve the quality and affordability of homes for
Canadians.
More information on CHBA is available from www.chba.ca.
Page 50
Residential and Commercial
Construction Industry
Highlights
Page 51
13
Importance of GTA
●Ontario is the engine of the Canadian economy, generating nearly 40% of
Canada's GDP and over 50% of its manufacturing output.
●Over 50% of Ontario’s GDP is generated within the GTA, accounting for
over 1/5th of Canada’s overall GDP.
●As all levels of government turn their attention to economic recovery, after
the first phase of the COVID-19 pandemic, a GTA-focused strategy will
have proportionally beneficial impact in supporting regional, provincial and
national economic recovery.
Construction is the Engine of the GTA/Ontario Economy
●Residential and commercial building and development, and professional
renovations, are vital to the GTA and Ontario economy and should
therefore figure prominently in any recovery plan.
●In 2019, the collective industry generated 361,129 on-site and off-site jobs,
paid $22.1 billion in wages and $42.7 billion in built-in investment that in
turn becomes the single largest wealth generator for GTA families.
Highlights
A GTA Focused Recovery Plan
On average, companies in the GTA, deliver approximately 35,000 -40,000 new
homes of all types each year, allowing for a simple calculation of the overall
direct and indirect impacts of the industry’s activity and contributions in tax
revenues.
$72M
HST
$11M
Land Transfer Tax
$80M
Development
charges
$5M
Education
development
charges
Each
1,000
housing units in the
GTA generates
2019 GTA
Impact Starts Employees Wages Investment Value
Commercial N/A 91,000 $5.6 Billion $8.7 Billion
Home Building 43,351 117,136 $7.1 Billion $17.1 Billion
Renovation N/A 152,993 $9.4 Billion $16.9 Billion
Total 43,351 361,129 $22.1 Billion $42.7 BillionPage 52
14
The Economic Impact of New Housing Construction in the GTA
●The construction of 1,000 new single-detached homes creates some
2,227 direct person years of employment, and inclusive of all the
downstream spin-off activity, a total of 4,600 jobs across the economy.
●Multi-family homes such as apartment units are also an important job
generator. The construction of 1,000 new condominium apartments, for
example, is responsible for creating some 1,600 jobs.
●Given the ratio of single-and multi-family homes built in the GTA in
2019, an increase in housing starts of 1,000 units with a mix of unit
types would stimulate some 2,200 new jobs and an array of other
economic benefits.
Highlights
Impact of GTA on Economy
Page 53
15
Highlights
Residential Real Estate Issues Arising from COVID-19 Pandemic
●Liquidity issues within the industry can occur
throughout the entire development spectrum.
●From initial property acquisition, through construction
and finally to registration and transfer of lots and
constructed homes to the purchasers (and all stages in
between).
●At its most basic level, the residential construction
industry is a cash flow business; impacts to the velocity
of the timing of those cash flows will impact liquidity.
●Simply put, if homes and projects cannot close, the
development community cannot gain access to funds
needed to pay off construction loans, incurring
increased costs and interest costs and potentially
threatening their development projects and related jobs.
●If these problems are left unaddressed, consumers
could lose their future homes, necessitating that they
make alternative arrangements to secure new
accommodation (made particularly daunting if they are
moving into a new home/unit and are required to vacate
their existing home by a certain date).
.
Liquidity Issues Under the COVID-19 Pandemic
Commercial
Delays in registering
finished lots/units and
homes and transferring
ownership to the end
purchaser
Social distancing
Enhanced safety measures
on construction sites
slowing productivity and
negatively impacting
closing timelines
Financial Challenge
Delays in consumers
securing mortgages
resulting in delays for
home builders securing
construction financing
needed to effect closings
Regulatory
Challenges in complying
with tax, labour and
quality policies
Work Force
Home working, travel
restrictions and morbidity
and mortality in the
workforce
Supply chain
Disruptions or delays in
the delivery of necessary
construction materials
Technical shutdown
Social distancing and
shutting of non-essential
business operations
Work Force
Emergency order
restrictions on below
grade work, shoring and
other construction
activities that will push
back future closings
Financial Challenge
The drying up or
restriction of construction
and land acquisition
financing or only being
provided with increased
security and at higher
rates (if at all)
Work Force
The cancellation of
development sites and
their impact on financing
repayment obligations
Work Force
Increasing unemployment
and concerns about a
consumer’s / prospective
purchaser’s personal
economic situation
negatively impacting
closings and/or sales
Financial Challenge
“In process” purchases
made pre-COVID-19
where future deposits /
top-ups will become due
in the near term and
purchasers may be
challenged
Page 54
Highlights
Impacts on Housing Supply in the GTA
16
•From 2006, home completions in the GTA have fallen over 100,000 units short
versus demand projected by the 2006 Provincial Growth Plan.
•This shortfall has been compounded by increased immigration (unforeseen by
the Growth Plan) since 2014 that has exacerbated this shortfall significantly.
•The shortfall in supply and increased demand have been dominant factors in
the affordability challenge facing the GTA, one that the Provincial Government
sought to address by focusing on increasing housing supply through Ontario’s
Housing Supply Action Plan.
•Past economic crises, most notably the 2008/2009 global financial crisis, have
had a demonstrable impact on housing completions in the following years, with
completed supply shrinking significantly.
•2018 was the worst year for sales and 2019 was the worst year for completions
over the past 20 years in the GTA due to supply constraints, provincial cooling
measures (the previous government’s 16 point Fair Housing Plan) and the
federal government’s stress test.
•The industry was only just beginning to emerge from this in Q1 2020, with a
return to sales on or over the 10-year average, when the impacts of the
COVID-19 pandemic materialized.
In a healthy market the GTA’s inventory sits at 8 months supply or greater. At present supply (inventory)
for all types of new housing had dipped to below 4 months supply.
Page 55
Highlights
Remaining Inventory in the GTA
17
New Housing Inventory Dropping
●New housing supply in the GTA, pre COVID-19, was already
constrained and well below the recommended healthy market
level of 8 months supply or greater.
●The reduced ability to start projects during the Emergency
Order period, combined with the impact of reduced
productivity due to social distancing requirements and
continuing strong demand (at least for now) is already eroding
available inventory (as can be seen in the chart below).
●At present, supply (inventory) for all types of new housing has
dipped to below 4 months supply.
●Should a liquidity crisis impact the industry, it is reasonable to
project an annual negative impact of up to 10,000 units less
housing being produced in GTA, undermining the Province’s
policy objectives under its Housing Supply Action Plan, with
the attendant affordability and supply challenges.
Page 56
Highlights
Importance of Immigration to the GTA
18
Need to Return to Normal Immigration Levels
●GTA population growth has been fueled by immigration and
migration to urban centres from other regions of Ontario and
within Canada.
●Immigration is also an important issue to meet the growing
need for skilled labour for construction and other industries
vital to the GTA and Ontario economy.
●Since March 2020, due to COVID-19, immigration has been
suspended -every quarter resulting in 34,000 fewer people
migrating to the region vs. 2019 levels.
●A return to traditional immigration is vital for continued growth
and health of the GTA and strength of the sector.
0
20,000
40,000
60,000
80,000
100,000
120,000
140,000
160,000
2015 2016 2017 2018 2019
Annual Immigration to Toronto &
Oshawa CMA 2015-2019
Annual Average International Immigration: 102,300
persons
Source: StatsCan, Toronto and Oshawa CMAs, net immigration
and net non-permanent residents.
Page 57
Highlights
Government Fees, Taxes and Charges
19
New homes in the GTA are taxed at a higher rate than in any other North
American jurisdiction
●Government fees, taxes and charges account for almost ¼ of the cost
of a new single-family home and high-rise apartment based on GTA
average.
●A September 2019 study by Altus (commissioned by BILD)
demonstrated that government‐imposed charges on single family
homes in the GTA are, on average, over 3 times higher on a per unit
basis than they are on average in the six US metropolitan areas, and
roughly 1.75‐times higher than in the other Canadian urban areas.
●For high‐rise developments, the average per unit charges in the GTA
are roughly 50% higher than those in the six US metropolitan areas,
and roughly 30% higher than in the other Canadian urban areas.
●Capping, deferring or reducing these fees provides governments with
tools to aid in recovery.
Page 58
Highlights
Potential Financial Implications of a Liquidity Crisis
20
Actions Needed to Inject Liquidity
•Following other liquidity and economic downturns, there has
been a marked decrease in housing starts and completions.
•In fact, following the 2008 global economic crisis, 2009 saw a
30% decrease from 2008 levels and recovery took a number of
years.
•The model on the right shows impacts of 10%, 20% and 30%
decrease in housing completions in the GTA (3,100 to 9,300
units) using 2019 data.
•If action is not taken to provide much-needed liquidity and
stimulus for the Industry, a liquidity problem and erosion of
consumer confidence will lead to a potential credit crisis,
valuation and extended job loss.
•Across both 2020 and 2021, the three scenarios imply job
losses in the economy of 13,270 jobs, 26,540 jobs or 39,800
jobs depending on the severity of the housing downturn
(across both single-family and multi-family construction).
•The analysis also finds that the GDP impact of the possible
downturn in new housing construction could be as severe as
$5.2 billion and the wages and earnings lost to the community
could be as high as $2.9 billion. Page 59
Proposed Liquidity and
Recovery Measures
Page 60
Summary of Proposed Liquidity And Recovery Measures
Federal Government Provincial Government Municipal Government
1.Transfer mortgage financing for new condominium
units to date of occupancy
2.Accelerate timing of approvals and construction on
key provincial and regional infrastructure projects
such as the GTA West Corridor, LINK427, and the
Upper York Water Reclamation Centre
3.Eliminate Ontario Land Transfer Tax to end of 2021
4.Eliminate security deposits on Ontario Land
Transfer Tax Deferrals on affiliated transfers
5.Removal of provincial sales tax and rebate on the
purchase of new homes
6.Refundable Tax Credit for expenses upgrading
buildings in Ontario because of COVID-19.
7.Refundable Tax Credit for expenses repurposing
facilities in Ontario because of COVID-19
8.Expansion of Opportunities Investment Tax Credit
(RITC) to all regions of Ontario
9.Accelerate movement on key elements of the
Housing Supply Action Plan related to the speed of
approvals and reduced costs, including a CAP on
CIL of parkland
10.Use existing planning policies, procedures and
tools that will assist in the acceleration of housing
supply and employment opportunities
11.Require municipalities to accept surety bonds as
a form of security for municipal agreements
1.Freeze Municipal Property Assessment
Corporation property value assessments for the
next four years
2.If it appears that the residential home sales
market drops greater than 5%, the City of
Toronto should consider Eliminating the Land
Transfer Tax to the end of 2021
3.Provide financial relief from development
charges and other planning and development
related fees
4.Enhance Municipal Service Delivery Efficiencies
In order to prevent further
liquidity challenges and
economic downturn in the
residential and commercial
construction industry, all levels
of government should consider
implementing proposed
liquidity and recovery measures
in order to stimulate the
industry in the GTA, Ontario
and Canada.
1.Adjust the Canadian Mortgage Stress Test for
both insured and uninsured mortgages, making
the benchmark more dynamic and reducing it
for longer-term mortgages
2.Introduce 30-year amortizations for insured
mortgages
3.Remove GST on Purchase of new homes for
2020 and 2021, then index it to reflect current
home prices
4.Introduce a home renovation tax credit for
2020 and 2021, plus a permanent energy
retrofit tax credit
5.Remove GST from the construction costs of
new rental housing and costs of renovating
rental housing
Page 61
23
Proposed Liquidity and Recovery Measures -Federal
Liquidity Idea Description Impact on Liquidity
Adjust the Canadian Mortgage
Stress Test for both insured and
uninsured mortgages, making
the benchmark more dynamic
and reducing it for longer-term
mortgages
Reinstate the benchmark rate proposal change for insured mortgages announced for
April 6 implementation then subsequently delayed; do the same for uninsured
mortgages; adjust the stress test for all mortgages down gradually to 0.75% for 5-year
terms then 0% on 7-and 10-year mortgages to promote stability, while decreasing the
excessive impact on access to homeownership
Zero cost measure for Government.It will increase
the borrowing capacity and liquidity consumers can
use to purchase a home, which would support home
purchases across the continuum, including freeing up
rental units.
Introduce 30-year amortizations
for insured mortgages
Extending amortizations would lower the monthly carrying costs for first-time buyers,
enabling more well-qualified buyers to enter homeownership.
Zero cost measure for Government.Actually
increases revenue for CMCH. It will increase the
borrowing capacity and liquidity consumers, esp. first-
time buyers, can use to purchase a home which
would support home, including freeing up rental units.
Remove GST on purchase of new
homes for 2020 and 2021, then
index it to reflect current home
prices
Simply remove GST on all new construction for two years for liquidity.Post that period,
if reinstating it, increase the thresholds up to $750,000 to reflect today’s house prices,
and index continually thereafter.
Although a short-term cost to Government, there
may be indirect benefits due to increased economic
activity and it will provide increased liquidity to
consumers.
Introduce a home renovation tax
credit for 2020 and 2021, plus a
permanent energy retrofit tax
credit
Eligible renovations could include renovations or any enduring alterations to a building
and should be stackable with the existing accessibility renovation credits, and any other
renovation or retrofit tax credits or rebates introduced. Energy retrofit tax credit provides
permanent measure to upgrade existing housing stock while also getting EnerGuide
Rating System labels on more homes to increase valuation of energy efficient homes.
Both administered by CRA.
Proven stimulus activity that also is near cost-neutral,
thanks to tax revenues generated from bringing
underground economy above board. Permanent
energy retrofit tax credit addresses climate change
while fighting underground economy and saving
energy costs for consumers.
Remove GST from the
construction costs of new rental
housing and costs of renovating
rental housing
Exempt the construction costs of new rental housing and costs of renovating rental
housing from GST to reflect the fact that ongoing rental revenues do not benefit from
input tax credits or all for GST collection.
Short-term cost to Government which can provide a
reduction to costs to the landlord and increase the
liquidity which could be deployed in the market and
potentially promote the supply of much-needed
rental units in the market.
Page 62
24
Proposed Liquidity and Recovery Measures -Provincial
Liquidity Idea Description Impact on Liquidity
Transfer mortgage financing for
new condominium units to date
of occupancy
The GTA new home market is a major part of the Ontario economy, having contributed
over $34 Billion in 2018 with a growing component coming from new condominiums.
Interim Occupancy is a condition present in virtually all new condominium projects in
Ontario, representing the time between a building’s occupancy and its registration and
final purchaser closings.
There are currently over 17,000 new condominium units in the GTA in an interim
occupancy stage, representing $9.5 billion of trapped liquidity to consumers, builders
and lenders.
Given the current COVID-19 environment, delays are growing and represent a major
issue in providing liquidity to business and consumers.
The Government should consider providing for an immediate mortgage solution for the
new homebuyer, and for developers, to unlock much-needed liquidity and capital.
No new money is required by the Government of
Ontario.Solution unlocks a significant amount of
liquidity that developers can redeploy into the
economy.
Consumers benefit from paying amount toward
their mortgage principal and interest rather than
paying rent for condominium units that they will
eventually own.
Increase Investment,and
Accelerate Approvals and
Construction on Key Provincial
and Regional Infrastructure
Projects
Similar to Alberta, consider allocating an additional significant amount (i.e. $2 billion) to
resurface roads, repair bridges, restore schools, fill potholes and expand transit in order
to generate jobs during and after the COVID-19 pandemic.
Increase investment, and accelerate timing of provincial approvals and construction on
key provincial and regional infrastructure projects such as the GTA West Corridor,
LINK427, the Upper York Water Reclamation Centre, and related York Region projects
such as the new Highway 404 interchanges,the decommissioning of the Holland Landing
Lagoon and additional water mains and pumping stations.
Although a significant investment by Government,
providing much-needed liquidity could lead to job
creation and increased deployment of liquidity into
the market.
For the UYWRC and associated York Region
projects alone, $1.5B in regional infrastructure
investments to support growth to 2041 is required
to unlock this housing supply and to unlock $7.8B
of private construction activities which could create
demand for up to 103,000 jobs. Delaying the
completion of the GTA West Corridor study area is
preventing the certainty of future housing supply
and the creation of an estimated 8,500 jobs.Page 63
25
Proposed Liquidity and Recovery Measures -Provincial
Liquidity Idea Description Impact on Liquidity
Eliminate the Ontario Land
Transfer Tax to the end of 2021
When land is purchased in Ontario, the purchaser is required to pay Ontario Land
Transfer Tax. Given the cost of land, consider eliminating the Ontario Land Transfer Tax
to the end of 2021 in order to assist reducing the cost of real estate and stimulate real
estate transactions.
Short-term cost to the Government of Ontario with
Indirect benefits to increased economic activity
due to transaction volume.
Eliminate security deposits on
Ontario Land Transfer Tax
Deferrals on affiliated transfers
A deferral of Ontario Land Transfer Tax may be available when land is transferred
between affiliated corporations provided security is posted with the Minister equal to the
Ontario Land Transfer Tax for a period of a least 36 consecutive months following the
date of disposition (transfer).
The Government should consider eliminating the requirement to post security for the
Ontario Land Transfer Tax on transfers between affiliated corporations because the
Ontario Land Transfer Tax will ultimately be paid by third party purchasers on such land
and it will increase borrowing capacity and liquidity available to companies.
No new money required from the Government of
Ontario. Assistance will be provided to businesses
with additional borrowing capacity, reduction in
overall interest costs and increase in liquidity that
can be deployed in the economy.
Require Municipalities to accept
Surety Bonds as a form of
security for municipal
agreements
A municipal agreement bond is a form of security that a Municipality may accept in lieu of
a Letter of Credit (LOC). The bond provides financial assurance to a Municipality that a
developer will successfully complete all obligations under a Subdivision Agreement –
providing the same quality of financial protection as a LOC. The bond is reduced, and
ultimately released, in the same way that a Municipality currently reduces and releases a
LOC.The Government should consider requiring all Ontario municipalities to accept a
municipal agreement bond in lieu of LOCs.
No cost to governments. Will free up billions of
dollars previous tied up in valuable lines of credit
or working capital.
Removal of provincial portion of
HST and rebate on the purchase
of new homes
Currently, buyers of new homes in Ontario may receive a rebate of up to $24,000 on the
provincial portion (8%) of the HST. Consider removing the provincial sales tax and
rebate on newly constructed homes or substantially renovated homes in Ontario effective
immediately for a two year period.
Although a short-term cost to Government, there
may be Indirect benefits due to increased
economic activity and it will provide increased
liquidity to consumers.
Refundable Tax Credit for
expenses incurred upgrading
buildings in Ontario because of
COVID-19
In order to assist with expenses incurred by taxpayers on building upgrades throughout
all of Ontario, the Government of Ontario should consider allowing qualifying investments
up to a maximum of $100,000 would be eligible for a refundable income tax credit of
20%. Qualifying investments could include retooling workspaces, modifying mechanical
systems, modifications to accommodate the installation of technology enabled tools and
other related investments.
Although a short-term cost to Government, indirect
benefits to increased economic activity due to
transaction volume and will encourage owners
with upgrading buildings to accommodate to new
working environment.Page 64
26
Proposed Liquidity and Recovery Measures -Provincial
Liquidity Idea Description Impact on Liquidity
Refundable Tax Credit for
expenses incurred to repurpose
facilities in Ontario because of
COVID-19
In many cities, facilities in Ontario were repurposed to assist with the production of
personal protective equipment (PPE), requiring capital costs, training of labour and other
related expenditures. In order to assist with facility upgrades and training throughout all of
Ontario, the Government of Ontario should consider allowing qualifying investments up to
a maximum of $100,000 would be eligible for a refundable income tax credit of 20%.
Although a short-term cost to Government, indirect
benefits to increased economic activity due to
transaction volume and will encourage owners to
upgrade facilities that were repurposed during the
COVID-19 pandemic (March-September 2020).
Expansion of Opportunities
Investment Tax Credit (RITC) to
all of Ontario
The province recently introduced a new 10% refundable Corporate Income Tax credit for
capital investments (RITC) Canadian-controlled private corporations make on
expenditures in excess of $50,000, and up to a limit of $500,000, for qualifying
investments, which become available for use on or after March 25, 2020 in specified
regions of Ontario. The Government should consider expanding expenditures maximum
to $1,000,000 and also expanding investments to include all regions of Ontario.
Short-term cost to Government, Indirect benefits to
increased economic activity due to transaction
volume -will create jobs in many parts of Ontario.
Accelerate movement on key
elements of the Housing Supply
Action Plan related to the speed
of approvals and reduced costs,
including a CAP on CIL of
parkland
The province’s Housing Supply Action Plan is centered around, amongst other things, the
speed of how long it takes municipal development projects to get approved, reducing the
restrictions on what can be built to get the right mix of housing where it’s needed, and
reducing government-imposed fees and other development costs. The province should
deploy all its’ available planning tools to achieve these objectives sooner, including
expediting its’ own provincial approvals to reduce regulatory red-tape and ensure Ontario
is open for business.
There will be no related costs to the provincial
government, but direct benefits to consumers with
any acceleration of initiatives to reduce development
costs and increase the supply of housing. Ontario
will remain more economically competitive as tools
to create more jobs are drawn upon.
Use existing planning policies,
procedures and tools that will
assist in the acceleration of
housing supply and
employment opportunities
There are existing tools under the provincial prevue, many of which are existing
government initiatives under way that can be accelerated so that their intended benefits
are achieved sooner. The following are examples:
•Within ten days, approve all Certificates of Approval submitted to the province
•For the files previously scheduled but cancelled due to COVID, aim to immediately
have these rescheduled and added back to the LPAT calendar
•Accelerate positive decisions related to the Land Needs Assessment Methodology and
the Growth Plan Population and Employment Forecast Update that will assist with the
speedier delivery of housing supply and employment
There will be no related costs to the provincial
government, but direct benefits to the industry and
the consumer as these suggestions will accelerate
ways to increase housing supply and employment
opportunities.
Page 65
27
Proposed Liquidity and Recovery Measures -Municipal
Liquidity Idea Description Impact on Liquidity
If it appears that the residential
home sales market drops
greater than 5%, the City of
Toronto should consider
eliminating the Land Transfer
Tax to the end of 2021
Municipal Land Transfer Tax is charged on properties purchased in the City of Toronto
and on unregistered dispositions of a beneficial interest in land with closing dates on or
after February 1, 2008. The City of Toronto should consider eliminating the Municipal
Land Transfer Tax to the end of 2021 to help stimulate real estate transactions and
address affordability in Toronto.
Although a short-term cost to the City of Toronto,
it could increase liquidity to consumers and
indirectly increase economic activity due to
increased real estate transaction volume.
Freeze Municipal Property
Assessment Corporation
property value assessments for
the next four years
The government of Ontario has postponed the planned property tax reassessment for
2021. Property taxation is based on the assessed value of properties and in Ontario those
assessments are updated every four years. The next property valuation update was
scheduled to be completed by the Municipal Property Assessment Corporation (MPAC) in
2020 for the 2021 taxation year. This means assessments for the 2021 taxation year will
continue to be based on the same valuation date that was in effect for the 2020 taxation
year. In order to reduce the costs to consumers and provide additional liquidity, consider
freezing property value assessment to 2024.
Freezing the planned Property Tax
Reassessment could provide consumers with
liquidity to overcome any hardship resulting from
the COVID-19.
Relief from development
charges and other planning and
development related fees
GTA regions and municipalities current development charge by-laws are slated for their
required five year review in 2020. Many are also scheduled to apply regular indexing
which increases current development charges. The province of Ontario has recently
passed an Order to allow a municipality to renew their existing development charges by-
law for six months after the slated expiration date. The province of Ontario should
consider extending this Order to the end of 2021.
With current construction timeframes, municipalities should also contemplate rebates or
discounts related to road occupancy permits. Similarly, building permit fees should either
be phased or deferred to building permit issuance, and planning application fees should
be deferred until applications are approved.
Waiving scheduled increases to development
charges and deferring permit fees until
application are approved could assist with
managing costs to consumers and increasing
liquidity and housing affordability to the residents
of Ontario.
Page 66
28
Proposed Liquidity and Recovery Measures -Municipal
Liquidity Idea Description Impact on Liquidity
Enhance Municipal Service Delivery
Efficiencies
As necessitated by provincial orders in Ontario, the majority of developers have
closed their head offices, sales offices were operating virtually (by appointment only)
or closed entirely,and some construction sites, where permitted, were operating with
new protocols respecting social distancing.
The Government of Ontario should ensure municipal offices continue to operate and
process applications, continue building inspections and permitting services (i.e.
occupancy, construction permits, foundational, etc.) by:
●Opening all municipal offices to allow for the submission of new planning
applications including adopting innovative models to foster efficient
methods to process related payments including technology enabled
processes.
●Encouraging municipalities to use effective means of inter-departmental
communication, communication between staff and applicants, and ensure
that all departments involved in completing applications are operating
efficiently.
●Encouraging municipalities to adopt different business models to improve
operational efficiencies and enhance all processes related to building
permit issuance and application approvals.
●Encouraging the delegation of certain decision making authority to
municipal staff to achieve greater efficiency in the development approval
process and to avoid unnecessary delays for various items such as lane
occupancy permits
Fully opening municipal offices and application
intake, and establishing greater efficiencies in
municipal permitting and approvals processes will
unlock housing and employment supply.
Delay the use of or draw on security
deposits for projects that have not
commenced to 2021
Regions and municipalities may require letters of credit to be submitted by a
developer/builder to secure financial and/or performance obligations associated to
various development approval processes and the construction of certain works.
These could be related to municipal services or building permit securities for
subdivisions or site plans. If they choose -in order to provide liquidity, the
developer/builder could be given the option for the City to draw on existing letters of
credit, request that their security be released or requirement be delayed.
Although a short-term cost to Government, if a
preferred route of the developer, releasing or
postponing security deposits could provide them
with increased borrowing capacity that can be
deployed into the economy.
Page 67
Contributors
Page 68
PwC
30
Our history in Canada goes back to 1907, when one of our founding firms,
Price Waterhouse, opened its first Canadian office in Montréal. We now
have more than 7,850 partners and staff in more than two dozen offices
across the country, including our headquarters in Toronto. We are part of a
global network. More than 276,000 people in 158 countries connect their
thinking, experience and solutions to build public trust and enhance value
for our clients and their stakeholders. PwC’s global revenues are more
than $41 billion.
As a global network of firms, we provide advisory, assurance and tax
services for public and private sector clients. Our global firm undertakes
research and development activities, carries out quality assurance programs,
supports our services to multinational companies and works to expand our
solution offerings into new areas. In Canada, PwC is a limited liability
partnership owned by its partners.
With more than 110 years of excellence in Canada, we provide industry
focused professional services including audit and assurance, risk assurance,
tax, deals and consulting in areas such as cybersecurity and privacy, human
resources, digital transformation and forensics. We help resolve complex
issues and identify opportunities for public, private and government clients.
We help organizations and individuals create the impact they’re looking for,
by delivering the best of our collective thinking, experience and solutions to
build public trust and enhance value for our people, clients and
communities.
PwC firms around the world provide
services for approximately
420+of the Fortune Global 500
and
430+of the companies in the
FT Global 500
7850+
partners and staff
in Canada
276,000+ people in
158 countries across our network share their
thinking, expertise, and solutions to develop
fresh perspectives and practical advice
Page 69
The Altus Group -Economic Consulting
Expert advice for the commercial real estate industry
31
Our businesses, Altus Analytics and Expert Services, reflect decades of experience, a range of expertise, and technology-enabled capabilities. Our
solutions empower clients to analyze, gain market insight and recognize value of their real estate investments.
With over 60 years of market experience and targeted industry exposure, Altus Group’s professionals are considered the foremost authorities in their
field. In recent years, best-in-class companies, including All West Surveys (Western Canada), Edwin Hill (U.K.), Page Kirkland (Asia-Pacific) and ARGUS
Software (U.S.) have joined Altus Group, adding new value in related fields –and expanding our reach worldwide. Our global position provides
opportunities to broaden expertise.
Headquartered in Canada, we have approximately 2,500 employees around the world, with operations in North America, Europe and Asia Pacific. Altus
Group's clients include financial institutions, private and public investment funds, insurance companies, accounting firms, public real estate
organizations, real estate investment trusts, healthcare institutions, industrial companies, foreign and domestic private investors, real estate developers,
governmental institutions, and firms in the oil and gas sector.
Altus Group has the largest professional valuation, research and advisory footprint in Canada and we service all major and secondary markets. We
provide consulting services on thousands of assets per year with mandates that vary in size, scope and complexity. Our Canadian client base includes
many of the country’s largest real estate owners and advisors.
Altus Group’s diversity in expertise enables us to administer appraisal and consulting projects from concept to completion. We bring leadership,
discipline and extensive real-world knowledge to real estate and development projects. We are committed to providing our clients with measurable
results that enhance their ability to make choices with clarity and confidence, while maximizing value.
As an independent valuation firm we are not involved in the ownership, sale, leasing or management of properties. We are free from brokerage, property
management, and leasing conflicts and able to provide independent professional advice to our clients.
Altus Group was formed in 2005 to bring together the largest, best in class, independent
commercial real estate consultants to create a national best-in-class service provider.
Independent advice, along with having the industry's leading talent and base of expertise,
was and continues to be a core strength of the company.
Page 70
Other Potential Federal
Measures
Page 71
33
Liquidity Idea Description Impact on Liquidity
Eliminate Income Tax rule that
requires land developers
capitalize interest expense and
property tax to land
For many taxation years prior to 1988, interest expense on third party debt and property
taxes could be deducted in the year incurred or, at the taxpayer's option, added to the
cost of land held as inventory. Since 1988, subsection 18(2) of the Federal Income Tax
Act (Canada) applies to a taxpayer whose ordinary business is holding land as inventory
for the purpose of resale or development.Given the extended development time frames
developers face to bring land inventory to market,they are disadvantaged from not being
able to claim a current deduction for interest expense and property tax that is paid on an
annual basis.The Federal Government should consider allowing a deduction for interest
and property tax incurred in the current year effective for taxation years ending in 2020.
No new money to be provided by the Government;
however, it will allow developers to deduct interest
expense and property tax on a current basis which
lowers the cost of debt, lowers corporate taxes
and increases liquidity that can be deployed in the
economy.Although a cost to Government in the
form of lower corporate taxes, additional liquidity
can help stimulate real estate transactions.
33
Other Potential Liquidity and Recovery Measures -Federal
Page 72
34
Liquidity Idea Description Impact on Liquidity
Relief for SIFT rules applying to
REITs due to falling short of
asset and/or revenue
requirements to 2020
A trust resident in Canada that is publicly listed and owns non-portfolio property (i.e.
development property) may qualify as a real estate investment trust (“REIT”).A REIT is
not subject to the specified investment flow-through (“SIFT”) tax rules and therefore is
not subject to taxation at the trust level, provided it makes all its income paid or payable
to its beneficiaries.
A REIT must at all times throughout the taxation year satisfy certain requirements with
respect to its assets owned and revenues earned. These rules generally limit the
percentage of a REIT’s assets it may own and revenues it may earn, from non-qualifying
sources.
Given COVID-19 and the resulting economic conditions, there may be significant
decreases in the valuation of a REITs’ income producing properties due to loss of rental
revenue from its tenants. Certain REITs in the market own non-qualifying assets and
generate non-qualifying revenues, currently allowable within the limits imposed by the
REIT rules.
These REITs may fail to meet the asset and/or revenue requirements to qualify as a REIT
in 2020 where the values of these non-qualifying assets and the amount of the non-
qualifying revenues exceed the quantum of their allowable limit.
If a trust does not meet the requirements to be a REIT, the income of the trust would be
subject to taxation under the SIFT rules. Under these rules, the trust’s net income is
subject to tax at rates approximating combined federal and provincial corporate tax rates
and the distributions would be treated as eligible taxable dividends received by the
unitholders. The resulting tax will have an immediate impact to the level of distributions
and liquidity for investors.
Consider a softer regime for temporary and unintended breaches to be made available,
such as temporary increases to the baskets for “bad” assets and “bad” revenue for 2020
in light of unexpected COVID-19 crisis.For instance, consider increasing basket size to
70% versus 90% for good assets for 2020.
The value of REITS could be adversely impacted
with the application of the SIFT rules resulting in
lower distributions for investors.Temporary relief
could be provided by preventing the application of
tax to the REITs which would in turn increase the
liquidity in the hands of investors and deployment
of liquidity in the economy. No new money from
the Government to provide this measure.
Other Potential Liquidity and Recovery Measures -Federal
Page 73
35
Liquidity Idea Description Impact on Liquidity
Permit an input tax credit on
allowance for doubtful accounts
to be claimed for GST/HST
purposes.
An input tax credit against GST/HST collected by landlords cannot be claimed if
collection of rent from tenants is doubtful.In cases where a Landlord defers rent,
Landlords will still be required to remit the GST (even though cash not collected) on the
gross rent.The Federal Government should consider allowing an input tax credit to be
claimed against an allowance for doubtful accounts.
Potential short term cost to the Government;
however, it allows landlords the ability to claim an
input tax credit on cash not received from rent and
thus improve their overall liquidity that can be
deployed in the economy.
Allow input tax credits for
GST/HST on expenses incurred
by Landlord on exempt
residential rents.
Residential rents are currently exempt from GST/HST, which denies an input tax credit
for costs associated with operating a residential rental property but input tax credits are
available during the construction phase. Once the property is converted to rental, the
GST/HST is payable based on the Fair Market Value of the property at that time and
input tax credits are no longer available when the rental arrangements begin. The
Federal Government should consider allowing input tax credits on expenses incurred on
earning exempt residential rents.
Short-term cost to Government which can provide a
reduction to costs to the Landlord and increase the
liquidity which could be deployed in the market and
potentially promote the supply of much needed
rental units in the market.
Other Potential Liquidity and Recovery Measures -Federal
Page 74
36
Other Potential Liquidity and Recovery Measures -Federal
Liquidity Idea Description Impact on Liquidity
Increase withdrawal from an
individual's RRSP to purchase
first principal residence of up to
$50,000
The Federal Government's Home Buyers' Plan allows an individual to withdraw up to
$35,000 from an RRSP ($70,000 for a couple) to help finance the down payment of a
first home purchase.Consideration should be given to increasing the withdrawal to
$50,000 from an RRSP ($100,000 for a couple) to help finance the down payment of any
home purchase.An additional $15,000 for each individual could decrease the total debt
required to purchase a home and potentially provide liquidity for real estate
transactions.
Withdrawing more funds from RRSP provides
consumers the ability to use more funds towards a
down payment of a new home, improving consumer
liquidity, transaction volume and reduced leverage
requirements.No new money required by
Government.
Non-capital loss and net-capital
loss -carry back increased from
3 to 5 years
Similar to the U.S.A, the Federal and Provincial Government should consider allowing
non-capital losses realized in a year to be carried back to offset taxable income earned
during the five-year period prior to the year in which the non-capital loss was incurred.
The measure can begin for taxation years that end in 2020.
Although a short-term cost to Government, potential
long-term benefit because it may allow corporations
to generate liquidity from offsetting losses realized in
a taxation year with income from prior years. As a
result, the increased liquidity could be deployed in
the economy.
Page 75
Agricultural Advisory Committee of Clarington June 11, 2020
Agricultural Advisory Committee of Clarington Meeting
Thursday, June 11, 2020
Members Present: Eric Bowman John Cartwright Don Rickard
Ted Watson Tom Barrie Henry Zekveld
Brenda Metcalf Les Caswell Councillor Zwart
Regrets: Jennifer Knox Ben Eastman Richard Rekker
Staff: Amy Burke and Faye Langmaid - Planning Services
Guests: Stacey Jibb and Allison Brown, Region of Durham Planning and
Economic Development; Carolyn Puterbough, OMAFRA
Due to COVID 19 restrictions and to ensure social distancing, participation in the
meeting was electronic (using Microsoft Teams) and by conference call.
Eric welcomed all to the meeting, with introductions.
Declarations of pecuniary interest
None.
Adoption of Agenda
020-13 Moved by John Cartwright, seconded by Les Caswell
That the Agenda for June 11, 2020 be adopted.
Carried
Approval of Minutes
020-14 Moved by John Cartwright, seconded by Councillor Zwart
That the minutes of the May 14, 2020 meeting be approved.
Carried
Page 76
Agricultural Advisory Committee of Clarington June 11, 2020
Presentation
None.
Delegations
None.
Business Arising from Minutes
On-Farm Special Events By-law: Clerks to reach out soon directly to the individuals
who volunteered to participate in a working group for further discussion relating to the
development of the by-law. To learn more about the proposed rules, visit
https://www.clarington.net/en/town-hall/proposed-on-farm-special-events-by-law.asp,
email bylawenforcement@clarington.net, or contact Duncan Anderson at 905-623-3379
ext. 2110.
Greenbelt Foundation: In follow-up to the May meeting presentation by Kathy
Macpherson of the Greenbelt Foundation, an overview of Greenbelt Fund Grants (2017
– 2019 period) was provided and circulated to Committee members.
Correspondence, Council Items and Referrals
None.
Liaison Reports
Durham Agriculture Advisory Committee: Meetings have resumed in a virtual
format. DAAC introduced to the Region’s review and updating the Long Term Waste
Management Plan. Annual farm tour cancelled. Investigating options for a video farm
tour.
Durham Region Federation of Agriculture: No updates available.
Durham Farm Connections: Program and event cancellations continue. Celebrate
Agriculture Gala deferred to 2021. Celebrate Agriculture 2020 Awards sponsors
continue to provide support. Nominations now being accepted. Format for awards
ceremony to be determined.
Clarington Board of Trade: Virtual Annual General Meeting scheduled for June 25 at
2:00 pm.
New Business
Agricultural Emergency Contacts Sheet: Developed with input from the Committee,
this contact sheet is managed and used by Clarington Emergency & Fire Services
(EFS) to support response to emergencies that involve livestock. The Committee
considered a request to add blacksmiths and livestock truckers but did not think that
would be necessary for EFS. There are several haulers in the area. Listed handlers,
Page 77
Agricultural Advisory Committee of Clarington June 11, 2020
herders and trappers could provide contacts, if needed. Blacksmiths would not typically
be needed as an emergency service. Other identified updates will be provided to
Clarington EFS.
Supporting Local Agriculture – Online Campaign: Clarington Staff are discussing
the development of a new webpage and social media messaging in support of local
farmers as frontline workers during the COVID-19 pandemic. Staff sought feedback
from the Committee on key components that could support the local agricultural sector
from a communications perspective, including helping to link local farmers to the
numerous resources and programs that emerged in response to COVID-19, and helping
to connect the community to locally available food, agri-tourism venues and agri-food
jobs. The Committee commented that promotion of the online resource is of key
importance to ensure value.
Clarington Tourism Businesses and Attractions Online Directory: Clarington
Tourism has developed a Tourism Businesses and Attractions online directory to
support local tourism businesses operating during COVID-19. The Directory is an up-
to-date resource outlining the current status of businesses and attractions. To be listed
for free, visit the Clarington Tourism Businesses and Attractions Directory website and
complete the directory listing form.
CBOT Food at Your Fingertips Initiative: Clarington Board of Trade has launched a
new webpage to provide information and a connection to local restaurants, eateries and
farm gates currently open for business across the Municipality. The Food at Your
Fingertips webpage is found at www.cbot.ca/eat. To list your farm gate sales for free,
email info@cbot.ca, providing your business name, address, website address, and
current operating format (i.e. curbside, delivery, open).
Financial Impacts of COVID-19: Committee members inquired about the financial
implications of COVID-19 on both Municipal and Regional finances. Committee
members were provided with recent Municipality of Clarington COVID-19 financial
reports, FND-010-20 COVID-19 Cash Flow Analysis and FND-018-20 COVID-19
Financial Support Update and Region of Durham report #2020-F-11 Update on
Financial Implications of Regional Programs and Services Impacted by the COVID-19
Pandemic.
Durham Region Abattoir: Committee members noted that at the June 8th agriculture
sector-focused virtual townhall hosted by MPP David Piccini, a lack of livestock
processing capacity emerged as a primary challenge being faced by farmers in
Northumberland – Peterborough South. Stacey Jibb, Durham Region Economic
Development and Tourism – Agriculture and Rural, informed the Committee of an
abattoir opportunity for Durham Region that is currently being explored with all local
economic development offices including the Clarington Board of Trade. Potential sites
in Clarington or North Durham are in the process of being identified. Updates will be
provided to DAAC and the AACC, as available.
Condition of Regional Roads: A concern was expressed respecting the general
condition of Regional roads within the Municipality, citing the crumbling and washing out
of road shoulders including shoulders that are intended for use as bicycle lanes.
Unstable road shoulders and washed out areas present a hazard and damage risk for
Page 78
Agricultural Advisory Committee of Clarington June 11, 2020
farm equipment. Region of Durham Works representatives are scheduled to attend a
Committee meeting this fall (meeting date not yet confirmed). The general concern
raised will be relayed to Regional staff to be addressed as part of future discussions
with the AACC.
Next Meeting
Thursday, July 9, 2020 @ 7:30 pm – Virtual Farmers Markets
Michael Longarini, Bowmanville REKO Network
Dave Kranenburg, Green Circle Food Hub
Future Agendas:
Pat Learmonth, Farms at Work
Philip Lawrence, MP, Northumberland-Peterborough South
Hon. Erin O’Toole, MP, Durham
Region of Durham Works re: 2020 capital projects
Clarington Engineering Services (Building Division) re: National Building Code changes
for farm structures anticipated for 2020 (once the changes have been confirmed)
Brianna Ames of Fairlife (Coca-Cola)
Simon Gill, Durham Region Economic Development & Tourism re: an update on the
Durham Region Agricultural Strategy and Durham Region Broadband Strategy
Page 79
Draft minutes – Not yet approved by Committee
NOTES OF MEETING OF
SAMUEL WILMOT NATURE AREA
MANAGEMENT ADVISORY COMMITTEE
HELD TUESDAY JUNE 16, 2020
6:30 PM On-Site
Present: Meaghan Vandenbrink Tom Hossie
Kate Potter Patrick Bothwell
Leo Blindenbach Brian Reid
Rod McArthur Carrie-Anne Atkins
Maggie Luczak
Regrets: Jocelyn Whalen Councillor Corinna Traill
Staff Present: Peter Windolf
1. AGENDA
MOVED: by Patrick Bothwell SECONDED by Tom Hossie
THAT: the agenda for June 16, 2020 be accepted;
CARRIED
2. MINUTES OF PREVIOUS MEETING
Approval of Minutes
MOVED: by Patrick Bothwell SECONDED by Leo Blindenbach
THAT: the minutes of March 10, 2020 be approved
CARRIED
Page 80
SWNA June 2020 minutes 2
3. UPDATES
New Member Introduction
Maggie Luczak was introduced to the committee. She is a Courtice resident
appointed by Council to the committee in March. Maggie is an Environmental
Studies and Business student at Trent University with an interest in pollinator
planning.
Pollinator Presentation April 26, 2020
A presentation by Sheila Colla, an interdisciplinary Conservation Biologist interested
in pollinator conservation was scheduled for Sunday April 26 at the Diane Hamre
Recreation Centre in Newcastle. Due to the Covid-19 shut down of municipal
facilities and the provincial order banning large gatherings, the event will have to be
postponed until a future date perhaps March or April 2021. Brian Reid has
communicated with Dr. Colla and she will be available in the future when events
such as this are permitted again.
SWNA Retractable Banner
At the March meeting the committee reviewed sample graphics for a retractable
banner that could be used at f uture events. Kate Potter will revise the graphics
which will then be provided to the banner manufacturer to create a proof. The
committee would review the proof prior to authorizing the production of the banner.
Monarch Tagging
Committee members will proceed with tagging Monarchs during the fall migration. A
public event will not be held due to the restrictions on large gatherings and physical
distancing. 500 tags will be ordered from Monarch Watch, the committee believes
they would all be used over a two-week period during the migration. Patrick
Bothwell will distribute the nets to members.
Fall butterfly habitat planting along Port of Newcastle Park
The committee has applied to OPG for funding to expand the butterfly habitat
planting at Port of Newcastle Park. This planting would usually occur in the spring
but due to Covid-19 restrictions that was not possible this year. If the grant from
OPG is approved the planting could occur in the fall, but not as a public event.
Carrie-Anne Atkins will check with OPG on the status of the funding application.
November wildflower garden seeding
The site for the wildflower seeding has been tilled 3 or 4 times by Kirk Kemp from
Algoma Orchards. He will continue to till the area throughout the summer in
preparation for seeding in November.
South viewing platform and Snake Hibernaculum sign
The south viewing platform is missing sections of railing and will require substantial
work to be safe for public use. Operations has fenced off the access. The
replacement/repair of the platform will be submitted for consideration in the 2021
budget.
Page 81
SWNA June 2020 minutes 3
4. OTHER BUSINESS
Fiddlehead Foraging
Some members of the committee have observed people foraging for fiddleheads at
the SWNA, often filling large bags. The foraging occurs during a brief window each
spring before the ferns have fully leafed out.
The removal of any plants from municipal parks is a violation of Clarington’s Park
Bylaw. The committee decided that each spring temporary laminated signs would
be installed at the SWNA access locations to specifically indicate that removing
fiddleheads is a violation of Clarington’s Park Bylaw.
5. MOTION TO ADJOURN
MOVED: by Rod McArthur SECONDED by Carrie-Anne Atkins
THAT: the meeting be adjourned.
CARRIED
Adjournment 7:45 PM
Next Meeting tentative date: Tuesday July 14, 2020, Location TBD
Committee will be notified a week in advance if the July meeting is to be held
Notes prepared by: Peter Windolf
Page 82
Clarington Heritage Committee
Minutes
June 16, 2020
- 1 -
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Minutes of the Clarington Heritage Committee held via Microsoft Teams on June 16,
2020, at 7:00 PM.
Members Present via
Teleconference were: Peter Vogel, Victor Suppan, Katharine Warren, Ron Sproule,
Marina Ross (Museum), David Reesor, Steve Conway,
Jason Moore (ACO), Councillor Ron Hooper, Myno Van
Dyke (NVDHS)
Regrets: Noel Gamble
Staff Present: Faye Langmaid, Sarah Allin, Planning Services
Guests (Teleconference): B. Humber, Heritage Conservation District (HCD) Advisory
Committee; T. Needham, Heritage Permit Applicant
1 Declaration of Pecuniary Interest
There were no disclosures of interest stated at this meeting.
2 Land Acknowledgement Statement
Planning Services staff read aloud Clarington’s Land Acknowledgement Statement.
3 Adoption of Agenda
20.20 “Approved by Consensus”
That the Agenda be adopted be adopted, as amended, with the addition of a
presentation on Heritage Permit Application File HPA2020-003.
4 Adoption of Minutes of Previous Meeting
20.21 Moved by K. Warren, seconded by J. Moore
That the minutes of the May 26, 2020 Clarington Heritage Committee
meeting be adopted.
“Carried”
5 Delegations/Presentations
5.1 Heritage Permit Application HPA2020-003 for 5 Beech Avenue, Bowmanville;
Presentation by T. Needham
T. Needham provided an overview of proposed works at 5 Beech Avenue in
Bowmanville, including a one-storey addition to the rear of the dwelling, demolition
and replacement the existing detached garage, and replacement of fencing along
Beech Avenue.
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Committee members received the presentation and inquired about roof design of
the replacement garage, the covered breezeway, location and style of fencing,
and types of vegetation proposed along the fence lines. The applicant explained
the rationale for the mansard style roof in the context of the architectural style of
the home and the proposed zoning by-law height provisions. Roof materials are
proposed to be cladded metal and will include a reflective membrane for full
draining capabilities. Stained wood garage doors are proposed. Brick for project
will be sourced to match original brick.
Comments from the HCD Advisory Committee related to fencing, and the
landscaping proposed along the Beech Avenue frontage. The applicant committed
to having regard for the 1876 Hanning Plan, and to work with the neighbouring
property to the north to address any concerns. Wrought iron style fencing is
proposed along with vegetation that will provide an element of privacy and will
align with the HCD Plan planting and landscaping guidelines.
The Committee thanked T. Needham for the presentation.
6 Business Arising
6.1 Heritage Permit Application: 5 Beech Avenue, Bowmanville
A Heritage Permit application has been received for 5 Beech Avenue to construct
a one-storey addition, demolish and replace the existing detached garage, and
replace existing wood fencing along the Beech Avenue frontage. The property is
individually designated under Section IV of the Ontario Heritage Act (OHA) by By-
law 96-073 and is within the Beech Avenue HCD designated under Part V of the
OHA by By-law 2006-102. As such, a Heritage Permit is required for proposed
alterations that may affect the heritage attributes of the property, and new
construction/demolition within the Beech Avenue HCD. Based upon the
information provided in support of the application, the Committee considered the
proposal to be appropriate.
Planning Services staff explained that the HCD Advisory Committee typically
meets only when a Heritage Permit application is submitted for a property within
the HCD. The HCD Advisory Committee has not met in a number of years. HCD
Advisory Committee members present (B. Humber, V. Suppan) indicated they
would like the opportunity to further discuss the proposed application with entire
HCD Advisory Committee prior to making a recommendation in the context of the
Part V designated HCD.
20.22 Moved by K. Warren, seconded by R.Sproule
That the Heritage Committee supports Heritage Permit Application File No.
HPA2020-003 as presented, contingent upon the Heritage Conservation District
Advisory Committee’s support for the same.
“Carried”
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6.2 Heritage Incentive Grant Applications:
Three (3) Heritage Incentive Grant applications have been received for 2020. Staff
provided an overview of each of the applications, and Committee members had no
objections to the proposed works, which include:
110 Wellington Street, Bowmanville: repair and replace spalling (crumbling)
chimneys, and repair of three pillars supporting front veranda. It was noted that a
heritage permit was previously approved for the repair of the front veranda pillars
in 2018. The work has not yet been completed due to the availability of a
qualified contractor. The applicant is planning to have the work completed this
year;
182 Church Street, Bowmanville: Repair, prime and paint, repair, prime, and
paint stone window brackets and hood-mouldings, porch, transom and sidelights;
and
67 Ontario Street, Bowmanville: scrape, prepare and paint all soffits and window
frames of first and second storey windows.
20.23 Moved by K. Warren, seconded by V. Suppan
That the Clarington Heritage Committee has no objection to the Heritage Incentive
Grant application for the above noted works at 110 Wellington Street or to the issuance
of the required minor Heritage Permit for the repair/replacement of the spalling
chimneys, subject to the replacement brick being in keeping with the existing brick, and
in accordance with applicable designation By-law 95-029.
“Carried”
20.24 Moved by K. Warren, seconded by V. Suppan
That the Heritage Committee has no objections to the Heritage Incentive Grant
applications for the above noted works at 182 Church Street and 67 Ontario
Street in Bowmanville as presented.
“Carried”
6.3 Veterans Avenue
Heritage Committee members would like this item added to the Agenda for the
September 2020 meeting.
6.4 Share your COVID-19 Story
The Clarington Museum and Archives is undertaking a project focused on
collecting stories from people during the COVID-19 pandemic to preserve people’s
experiences and help educate future historians. To participate in the survey at
www.claringtonmuseums.com and submit photos, letters and other items to
info@claringtonmuseums.com.
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6.5 Election of Chair/Co-Chair
The Committee elected the current Chair/Co-Chair of the Committee in March
2019 for a one-year term. Elections for the next term are required. The Committee
discussed the benefits of holding the election in-person and opted to defer the
election of the Chair/Co-Chair for the next term until the next Committee meeting
that can be held in-person. Until such time, V. Suppan and P. Vogel confirmed
their willingness to remain as Chair and Co-Chair, respectively.
20.25 Moved by K. Warren, seconded by R. Hooper
That the term of the Heritage Committee’s Chair and Co-Chair positions currently
held by V. Suppan and P. Vogel, respectively, be extended until the next in-
person Heritage Committee meeting can be held, at which time the election for
the positions will occur.
“Carried”
7 Correspondence and Council Referrals: None.
8 Reports from other Committees
8.1 Bowmanville, Newcastle, and Orono CIPs – A joint CIP Liaison Group meeting is
scheduled for June 18th. Updates will follow.
8.2 Architectural Conservancy of Ontario (ACO), Clarington Branch – The group met
recently. They are hopeful Camp 30 tours are able to continue with appropriate
social distancing measures.
8.3 Newcastle Village District Historical Society (NVDHS) – A student has been hired
to continue with the Digitization Project, which is currently operating out of an
alternative location given the current COVID-19 measures in place. The Toll
House plaque has been adjusted to sit up higher and is now more visible.
8.4 Museum – Museum buildings were closed to the public as of March 14. Staff has
since been placed on Declared Emergency Leave (DELs) as a result of the
COVID-19. The Library Board may hold a meeting in June. The Clarington
Museum and Archives is undertaking a project focused on collecting stories from
people during the COVID-19 pandemic to preserve people’s experiences and help
educate future historians. To participate, see Item 6.4 of the minutes.
8.5 Heritage Conservation District Advisory Committee – The members are looking
forward to meeting as a group to discuss the Heritage Permit application for 5
Beech Avenue.
8.6 Wilmot Creek Heritage Park – Nothing new to report.
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9 Project Reports
9.1 The sub-committee evaluated three (3) properties for potential inclusion on the
Municipal Register, and recommended as follows:
1697 Highway 2, Courtice: Group 1 Evaluation; the property be added to the
Municipal Register; significant to the cultural heritage of the community;
3136 Mearns Avenue, Bowmanville: Group 2 Evaluation; within the study are for
the Soper Springs Secondary Plan; not of sufficient significant heritage value to
the community; not recommended to be added to the Register; and
3145 Mearns Avenue, Bowmanville: Group 2 Evaluation; within the study area
for the Soper Spring Secondary Plan; not of sufficient significant heritage value to
the community; not recommended to be added to the Register.
20.26 Moved by V. Suppan, seconded by R. Sproule
That the Heritage Committee recommends to Council that the property at 1697
Highway 2 in Courtice be added to the Municipal Register.
“Carried”
9.2 Outreach/Education Committee:
Members of this sub-committee will consider topics for the September meeting.
10 New Business
10.1 Addition of Properties to the Municipal Register: Eight properties recommended to
be added to the Register (PSD-018-20) were accepted unanimously by Council
and ratified at its June 15th meeting. A recommendation report for three Centre
Street properties recently recommended to be added to the Register by the
Heritage Committee will be presented to Council at the June 29th Planning &
Development Committee meeting.
10.2 Neighbourhood Character Study: The Recommendation report for the proposed
Official Plan and Zoning By-law amendments resulting from the Neighbourhood
Character Study was referred to Council’s July 6, 2020 meeting. The deferral is to
provide Planning Services staff an opportunity to meet with those who expressed
concerns with the proposed zoning regulations at the May 25 Council meeting.
10.3 The Fletcher Tree: The Notice of Passing of the Fletcher Tree designation by-law
is currently held in abeyance due to the Provincial COVID-19 Emergency
Declaration and associated Orders. To date, the Ontario Heritage Act timelines
have not been reinstated.
10.4 Camp 30 Official Plan Amendment: Council reintroduced the proposed Camp 30
Official Plan Amendment which was the subject of a report to Council tabled in fall
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Clarington Heritage Committee
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2019. Council referred the matter to the June 29th Planning & Development
Committee meeting. Committee members discussed providing a submission on
this matter in advance of the June 29th meeting.
11 Adjournment
K. Warren moved Adjournment, 9:10 pm.
Next Meeting: September 15, 2020, 7:00 p.m.
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Clarington Diversity Advisory Committee
Thursday, June 4, 2020, 7:00 PM
Microsoft Teams
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Present: Ashfaque Choudhry
Councillor Ron Hooper
Sajida Kadri
Meera McDonald
Laila Shafi
Rachel Traore
Also Present: Erica Mittag – Community Development Coordinator
Basia Radomski – Corporate Communications Officer
Lee-Ann Reck – Manager, Client Services
Regrets: Sajida Kadri
Absent: Derryck Lamptey
Rajeshwari Saharan
John Sawdon
The meeting called to order at 7:01 p.m.
1. Land Acknowledgement
Erica Mittag read the Land Acknowledgement Statement
2. Adoption of Agenda
Moved by Councillor Ron Hooper, seconded by Ashfaque Choudhry
That the agenda of the meeting of June 4, 2020 be approved as amended.
Carried
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5. Discussion re: Public Statement
Committee Members engaged in a discussion about anti-Black racism and a
possible joint response by the Municipality of Clarington and the Diversity
Advisory Committee to condemn anti-Black racism.
Moved by Laila Shafi, Seconded by Rachel Traore:
That together with the Municipality of Clarington, the Diversity Advisory
Committee will issue a statement condemning racism against the black
community and promoting inclusion and diversity and also recommends that the
Municipality develops an anti-racism policy and corresponding action items.
Carried
The meeting was adjourned at 7:49 p.m.
Next meeting: Thursday, June 25, 2020, 7:00 p.m.
Virtually – Microsoft Teams
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Clarington Diversity Advisory Committee
Thursday, June 25, 2020, 7:00 PM
Microsoft Teams
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Coordinator at 905-623-3379 ext 2131
Present: Councillor Ron Hooper
Sajida Kadri
Meera McDonald
Laila Shafi
Rachel Traore
Also Present: George Acorn – Director, Community Services
Erica Mittag – Community Development Coordinator
Lee-Ann Reck – Manager, Client Services
Presenters: Reverend Michelle Brotherton
Roberta Ransom
Lauren Reyes-Grange
Regrets: Ashfaque Choudhry
Absent: Derryck Lamptey
Rajeshwari Saharan
John Sawdon
The meeting called to order at 7:06 p.m.
1. Land Acknowledgement
Rachel Traore read the Land Acknowledgement Statement
2. Presentations
a) Reverend Michelle Brotherton and Roberta Ransom presented on behalf of
St. Paul’s Circle of Indigenous Friends and Advocates. Their group is
committed to developing a deeper appreciation for and understanding of
Indigenous culture, history and current reality. Their goal is to engage
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church communities in Clarington and to reach to the broader community.
Roberta Ransom shared information about their event this fall: Indigenous
Awareness Days. The event will be held virtually with a kick-off event on
Friday, September 25 and various speakers and sessions throughout the
month of October.
b) Lauren Reyes-Grange spoke to the Committee about her experiences
as a Clarington resident. Lauren recognized the Committee issued a
statement speaking out against anti-Black racism, however felt the timing
took too long and lacked urgency. She shared recommendations for
visibility on social media. Erica Mittag will share these concerns with the
Municipality’s Communications Team. Lauren voiced concerns about hate
symbols seen in the community. She would like to see a by-law passed to
address these symbols. Rachel Traore accepted her concerns on behalf of
the Committee and shared that the Committee is working with the
Municipality to put anti-Black racism plans in place.
2. Adoption of Agenda
Moved by Meera McDonald, seconded by Councillor Ron Hooper
That the agenda of the meeting of June 25, 2020 be approved as amended.
Carried
3. Adoption of Minutes
Moved by Laila Shafi, seconded by Sajida Kadri
That the minutes of the meetings of May 28 and June 4, 2020 be approved.
Carried
4. Update on Presentation to General Government Committee
Rachel Traore provided an update on the presentation she made on behalf of
the Committee to General Government Committee on Monday, June 22, 2020.
The presentation was well received with supportive comments and questions
from Mayor Foster and Members of Council.
5. Council and Community Updates
Councillor Ron Hooper shared:
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a) The Municipality of Clarington approved Report FND-108-20 which includes a
$2 million package consisting of a Community Improvement P lan and a
Temporary Property Tax Relief Program
b) Communications have been received by the Mayor and Councillors’ Offices
addressing various concerns about racism and suggestions of ways to take
action. Should there be communications that require support from the
Committee, the Municipality’s Communications team could be connected with
Rachel Traore and Meera McDonald (Note: Through Erica Mittag, Community
Development Coordinator). Upon further discussion, the Committee felt that a
subcommittee should be formed (of existing Committee members as well as
previous Committee applicants and community members who have reached
out) to address this important work and that other members of the community
(i.e. past Committee applicants and presenters) could be invited to participate.
Representation from the Committee is still to be determined.
Moved by Laila Shafi, seconded by Meera McDonald
That a subcommittee to focus on anti-Black racism be formed and that anti-
Black racism be included in the training strategy that is being developed.
Carried
c) The Durham Black Accountability Coalition has requested a meeting with
Mayor Foster. He would like Rachel as the Chair of the Diversity Advisory
Committee to join him at this meeting.
d) Regional Chair John Henry has sent out a media release stating a Durham
Region Town Hall event will be held later in the summer to discuss anti-Black
racism. Dates to be confirmed.
e) Chief of Police, Paul Martin of the Durham Regional Police Services issued a
statement which included actions the DRPS has committed to in our
community to address systemic racism and discrimination.
f) The Municipality of Clarington is conducting a Ward Boundary Review. The
public is invited to participate. Virtual information sessions are being held and
an online survey is available. Visit www.clarington.net/WardBoundaryReview
for more information.
Erica Mittag shared:
g) The Municipality of Clarington approved the Community COVID-19 Relief
Program which provides support to non-profits and volunteer organizations.
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h) Recently and internal staff Diversity and Inclusion Team was approved.
Member recruitment is currently underway. The Team will develop an action
plan and will work in collaboration and simultaneously with the Diversity
Advisory Committee.
6. Anti-Racism Initiatives
Rachel Traore shared that the Committee should be looking out for funding
programs that support anti-Black racism initiatives. The Federal Government,
through the Department of Canadian Heritage recently had an Anti-Racism
Action Program available. Should this come available again, the Committee
should ensure they are able to react and apply for funding.
7. Diversity Lens
Erica Mittag is working on the template with guidelines to facilitate the
development of the framework and content of the aspects of a Diversity Lens.
This will be shared by email in the coming weeks. Any Committee Members who
would like to assist the Diversity Lens working group will be welcome to do so.
8. Other Business
a) Councillor Hooper shared that the Municipality has been contacted by a group
looking to organize a rally in support of Black Lives Matter on Sunday, July 5,
2020. The Mayor is scheduled to meet with the organizer. George Acorn
shared that the Municipality is not sure how to support the event considering
current Provincial Orders that prohibit social gatherings of more than 10
people. George will follow up with Mayor Foster.
b) Rachel Traore asked the Committee Members about the opportunity to meet
in the summer months. The Members felt a meeting would be needed in July.
The next meeting of the Diversity Advisory Committee is now scheduled for
July 23, 2020 at 7:00 p.m.
The meeting was adjourned at 9:00 p.m.
Moved by Laila Shafi seconded by Meera McDonald
That the meeting be adjourned.
Carried
Next meeting: Thursday, July 23, 2020, 7:00 p.m.
Virtually – Microsoft Teams
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Committee
Report to Council
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Coordinator at 905-623-3379 ext. 2131.
Report To: Council Report Number: GGR-011-20
Date of Meeting: July 6, 2020
Report Subject: General Government Committee Meeting of June 22, 2020
Recommendations:
1. Receive for Information
(a) 9.1 Minutes of the Orono Business Improvement Area dated
February 20, 2020, March 12, 2020, April 9, 2020 and May 14,
2020
(b) 9.2 Minutes of the Newcastle Business Improvement Area dated
May 14, 2020 and June 11, 2020
(c) 9.3 Minutes of the Bowmanville Business Improvement Area
dated May 12, 2020 and June 9, 2020
(d) 9.4 Ralph Walton, Regional Clerk/Director of Legislative Services,
Region of Durham, Regarding New Durham Tourism Brand
(g) 9.5 Steve Clark, Minister of Municipal Affairs and Housing,
Regarding Funding for Reliable Broadband Access Across
Ontario
(e) 9.6 Memo from Ron Albright, Acting Director, Engineering
Services, Regarding Ice Skating Trail Report Fall 2020
(f) 9.7 Memo from Ron Albright, Acting Director, Engineering
Services, Regarding Flooding on Nash Road
(h) 9.8 Memo from George Acorn, Director of Community Services,
Regarding 2020 Clarington Sports Hall of Fame Event
(i) ESD-004-20 Emergency and Fire Services 2019 Annual Report
(j) ESD-005-20 Emergency Services Activity Report – Q1 2020
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Municipality of Clarington Page 2
Report GGR-011-20
(k) CSD-007-20 Diversity in Clarington – Update on Diversity Initiatives and
Clarington’s Diversity Advisory Committee
(l) FND-019-20 2019 Annual Investment Report
(m) CAO-016-20 Strategic Plan Update
(n) CSD-006-20 Addendum to Report CSD-004-20 2020 Community Grant
Requests
(o) CSD-004-20 Grant Application #20-18 from Boys and Girls Club of Durham
(p) CSD-004-20 2020 Community Grant Requests
2. The Need for Blood Donations during COVID-19 Pandemic
That the Delegation of Aimee Chada, Event Coordinator, Canadian Blood Services
and Jennifer Mathieu, Territory Manager for Blood Services, Canadian Blood
Services, regarding the Need for Blood Donations during the COVID-19 Pandemic,
be received with thanks.
3. Ontario Power Generation (OPG) Update
That the Delegation of Steve Gregoris, Site Vice-President, Darlington Nuclear,
Dietmar Reiner, Senior Vice-President, Chief Project Officer and Jennifer Knox,
Director, Nuclear Stakeholder Relations, Ontario Power Generation (OPG),
regarding OPG Update, be received with thanks.
4. Speeding on George Reynolds Drive, Courtice
5. Essential Workers Day – March 17
That the following resolution from Tanya Daniels, City Clerk, City of Brantford,
regarding Essential Workers Day - March 17, be endorsed by the Municipality of
Clarington:
Whereas the Province of Ontario enacted a Declaration of Emergency on
March 17th, 2020 in response to the COVID-19 Worldwide Pandemic;
And whereas during the state of emergency certain services have been
deemed essential services by the Government of Ontario;
And whereas citizens are asked to isolate at home to reduce the spread of
COVID-19 as essential workers continue to work and provide an essential
service to their community;
And whereas essential workers across the country are risking their lives;
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Report GGR-011-20
And whereas some essential workers have been stricken with illness,
suffered trauma or injury, or lost their lives as a result of provid ing an
essential service;
And whereas without this dedicated workforce, essential services, including
but not limited to, healthcare, police, fire, paramedics, military, social
services, community services, food distribution, agriculture, postal and
delivery services, education, security, transit, financial services, hospitality,
commerce, manufacturing, construction, maintenance and repair, waste
management, sanitation services, government, and administrative services
would fail to function;
And whereas our community owes a profound debt of gratitude to every
single essential worker who ensured our community could continue to
operate;
Now therefore, the Municipal Council of The Corporation of the City of
Brantford Hereby Resolves as follows:
a. That March 17 be proclaimed by the Council for The Corporation of
the City of Brantford to be Essential Workers Day in the City of
Brantford;
b. That the Clerk be directed to provide a copy of this resolution, with
a covering letter, to MPP Will Bouma and MP Phil McColeman to
respectfully request that the Government of Ontario and the
Government of Canada formally declare March 17 to be Essential
Workers Day to honour all of the essential workers who sacrificed
so much during the COVID-19 pandemic; and
c. That all municipalities across Ontario and Canada be invited to
proclaim March 17 to be Essential Workers Day in their respective
municipalities, and that a copy of this resolution be provided to
AMO, LUMCO, FCM, and ROMA for that purpose.
6. Waiving of Overage Charges on LTE Network for Rural Mobile Phone
Subscribers
That the following resolution from Ralph Walton, Regional Clerk/Diector of
Legislative Services, regarding Waiving of Overage Charges on LTE Network for
Rural Mobile Phone Subscribers, be endorsed by the Municipality of Clarington:
Whereas many Rural Communities do not have access to broadband
Internet and use the LTE Network as a bridge to the Internet;
And whereas during the COVID-19 Health Emergency, the ability to access
the Internet is an essential service that enables the Public to have reliable up
to date information from various levels of government;
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Report GGR-011-20
And whereas during this crisis those without Broadband Internet access risk
excessive overage charges through the LTE Network;
Now therefore be it resolved that Council for the Region of Durham
recommends that the CRTC take the necessary action to direct
Mobility providers to waive overage charges for those customers that
do not have access to Broadband Internet during the COVID -19
Health Care Crisis; and
That copies of this motion be sent to Ian Scott, Chair and CEO for
CRTC, Honourable Steven Guilbeault, Minister for Canadian
Heritage, all Durham MPs, the CEO’s for Rogers, Telus and Bell, and
the local area municipalities.
7. Support for the Psychosocial and Emotional Wellbeing of Long-Term
Care (LTC) and Retirement Home (RH) Residents.
That Communication Item 10.4 from Darrin Canniff, Mayor/CEO, Municipality of
Chatham-Kent, regarding Support for the Psychosocial and Emotional Wellbeing of
Long-Term Care (LTC) and Retirement Home (RH) Residents, be endorsed by the
Municipality of Clarington.
8. Top Aggregate Producing Municipalities (TAPMO) Resolution
Regarding Assessment Scheme for Aggregate Resource Properties
Whereas previous assessment methodologies for aggregate resource properties
valued areas that were used for aggregate resources or gravel pits at industrial land
rates on a per acre basis of the total site and such properties were formally
classified and taxed as industrial lands;
And whereas the Council of the Municipality of Clarington supports a fair and
equitable assessment system for all aggregate resource properties;
And whereas the Municipal Property Assessment Corporation determined, with the
participation only of the Ontario Sand, Stone and Gravel Association, revised
criteria for assessing aggregate resource properties;
And whereas the Council of the Municipality of Clarington has concerns that the
revised criteria does not fairly assess the current value of the aggregate resourc e
properties;
Now Therefore Be It Resolved:
(a) That the Council of the Municipality of Clarington does not consider the
revised criteria for assessment of aggregate resource properties as a fair
method of valuation for these properties;
(b) That the Council of the Municipality of Clarington believes there is a need
to review the current assessment scheme for aggregate resource properties
to address the inequity of property values;
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Report GGR-011-20
(c) That the Council of the Municipality of Clarington hereby calls upon the
Province to work with the Municipal Property Assessment Corporation to
address the assessment issue so that aggregate resource properties are
assessed for their industrial value; and
(d) That the Council of the Municipality of Clarington directs staff to provide a
copy of this motion to the Minister of Finance, Minister of Municipal Affairs
and Housing, Minister of Natural Resources and Forestry and the local
MPPs.
9. Clarington/Oshawa Boundary Road Agreement
That Report EGD-012-20 be received;
That the Mayor and Clerk be authorized to execute the Boundary Road Agreement
between Clarington and Oshawa, attached to Report EGD -012-20 as Attachment 1;
and
That all interested parties listed in Report EGD-012-20 and any delegations be
advised of Council’s decision.
10. Cemetery By-law Updates
That Report OPD-003-20 be received;
That the Orono Cemetery be included in the Municipality’s Cemetery By -law
2012-061;
That the service costs for the Orono Cemetery be harmonized with the
Municipality’s other active cemeteries subject to the 2020 Rates and Fees
schedule;
That an additional charge of $300.00 plus HST, be introduced for customer
requests for replacement cremation niche plaques;
That the language in Section 2.6 of Cemetery By-law 2012-061 be revised to allow
interments on a Statutory Holiday in accordance with the extra charge as currently
outlined in the 2020 Rates and Fees schedule;
That Section 4.0 of Cemetery By-law 2012-061 be amended to include a limit on
the sale of Interment Rights to a maximum of 12 lots/graves to each individual;
That Attachment 1 to Report OPD-003-20, being an amending by-law to By-law
2012-061, addressing each of the above recommendations for the maintenance,
management, regulation and control of the cemeteries in the Municipality of
Clarington, be approved; and
That all local funeral homes be advised of Council’s decision.
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Report GGR-011-20
11. Gardening at Municipal Buildings
That Report OPD-004-20 be received;
That Council provide approval for staff to contract out the gardening requirements
for the Sarah Jane Williams, Waverly House and Newcastle Community Hall
Buildings, and the Visual Arts Centre with the addition of $10,000 one time only, to
the $20,000 budget approved for such purpose; and
That all interested parties listed in Report OPD-004-20, be advised of Council’s
decision.
12. Tennis Courts and other Infrastructure Enhancements
That Report OPD-005-20 be received;
That in 2020 staff be directed to undertake the identified contracted tennis court
repairs for Avondale Park and Guildwood Park utilizing available budgetary
allowances; and
That Council direct staff to host a public information center to receive feedback on
the Stuart Park tennis courts and to also submit a Capital justification in 2021 to
complete the recommended upgrades.
13. Operations Needs Assessment
That Report OPD-006-20 be received; and
That the Operations Needs Assessment, as prepared by Resource Planning Group
(RPG), be approved as the strategic guide for the development of the facility and
site requirements for the future Public Works Department of the Municipality of
Clarington.
14. Fee Assistance Program
That Report CSD-008-20 be received;
That the Fee Assistance Program (FAP) as outlined in Report CSD-008-20 be
approved;
That expired credits on Active.net accounts and unredeemed Jumpstart funds be
used to offset the cost of the Fee Assistance Program; and
That staff be directed to update all advertising, forms and communication plans
related to the Fee Assistance Program.
15. Appointments to the Accountability and Audit Committee and the CAO
Review Committee
That Report CLD-009-20 be received;
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Municipality of Clarington Page 7
Report GGR-011-20
That Councillor Hooper and Councillor Neal be appointed to the Accountability and
Audit Committee for a term ending December 31, 2022 or until a successor is
appointed.
That Councillor Jones and Councillor Anderson be appointed to the CAO Review
Committee for a term ending December 31, 2022 or until a successor is appointed.
16. Delegation of Authority to Alter Records Retention Schedule/By-law
That Report CLD-010-20 be received;
That Council delegate the authority, to the Municipal Clerk, to approve and amend
the Municipality of Clarington’s Records Retention Schedule; and
That the draft by-law, Attachment 1 to Report CLD-010-20, delegating authority to
approve and amend the Corporate Records Retention Schedule, to the Municipal
Clerk, be approved.
17. Electronic Participation at Meetings
That Report CLD-011-20 be received;
That the Procedural By-law be amended to provide for electronic participation at
any meeting, including statutory Public Meetings under the Planning Act, for,
a. Members of Council, in accordance the provisions set out in the Municipal
Act, 2001,
b. Delegations and presentations, and
c. Members of the public
That Council authorize remote participation for local board meetings, and that any
local board resolving to take advantage of the opportunity to participate
electronically be directed to amend their procedural by-law accordingly;
That the Terms of Reference for all Council Advisory Committees be amended to
allow for electronic participation up to, and including, all members and members of
the public;
That once the LPAT has updated its procedural rules to provide for electronic
hearings, Staff (i.e. Planning Services Department and Municipal Solicitor) b e
directed to undertake a review of the Committee of Adjustment By-law (83-83) to
bring it up to date, including provisions for the holding of electronic hearings, and
report back to Council with their findings and possible recommendations;
That the protocol for participating electronically shall be set out by the Municipal
Clerk and may be amended from time to time;
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Report GGR-011-20
That the By-law attached to Report CLD-011-20, as Attachment 1, amending the
Procedural By-law to allow for electronic participation at Council and Committee
meetings, be approved with the following amendment:
"Subsection 2.5.8 - replace the word "him" with the words "the Member"
That all interested parties listed in Report CLD-011-20, and any delegations be
advised of Council’s decision.
18. FCM – Asset Management Grant Opportunity
That Report FND-020-20 be received; and
That Council authorize staff to complete the application for funding for Municipal
Asset Management Program.
19. Supply, Delivery and Application of Calcium Chloride, Magnesium
Chloride or Calcium-Magnesium Blend
That Report FND-021-20 be received;
That Miller Paving Ltd., with an annual bid amount of $102,004.00 (Net HST
Rebate) being the lowest compliant bidder meeting all terms, conditions and
specifications of tender CT-539A-20, be awarded the contract for an initial one-year
term for the supply, delivery and application of calcium chloride, magnesium
chloride or calcium-magnesium blend, as required by the Operations Department;
That, pending satisfactory performance, the Purchasing Manager, in consultation
with the Acting Director of Operations, be given the authority to extend the contract
for this service for up to two additional one-year terms;
That the funds required for this project in the amount of $102,004.00 (Net HST
Rebate) be funded by the Municipality as follows:
Description Account Number Amount
Winter Control / Winter Mtnce-
Plow/Sand/Salt / Misc Oper Supply
100-36-383-10300-
7112
$102,004
That all interested parties listed in Report FND-021-20 and any delegations be
advised of Council’s decision.
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Report GGR-011-20
20. Supply of Sodium Chloride
That Report FND-022-20 be received;
That K&S Windsor Salt Ltd., with a total bid amount of $2,395,091 (Net HST
Rebate) for the initial three-year term being the lowest compliant bidder meeting all
terms, conditions and specifications of tender T -280-20, be awarded the contract
for the supply of sodium chloride, as required by the Operations Department;
That, pending satisfactory performance, the Purchasing Manager, in consultation
with the Acting Director of Operations, be given the authority to extend the three -
year contract for this service for up to two additional one -year terms;
That the funds required for the first-year term in the amount of $767,781 (Net HST
Rebate) be funded by the Municipality as provided. The funds required for the
second-year term in the amount of $797,699 (Net HST Rebate) and the third -year
term in the amount of $829,611 (Net HST Rebate) will be included in future budget
accounts. The funding required for the initial one-year term will be funded from the
following account:
Description Account Number Amount
2020 Winter Control / Winter Mtnce-
Plow/Sand/Salt / Misc Oper Supply
100-36-383-10300-7112 $767,781
That all interested parties listed in Report FND-022-20 and any delegations be
advised of Council’s decision.
21. Sidewalk Bay Replacements
That Report FND-023-20 be received;
That Emmacon Corp., with an annual bid amount of $75,053.00 (Net HST Rebate),
being the lowest compliant bidder meeting all te rms, conditions and specifications
of tender CL2020-12, be awarded the contract for an initial one-year term for
Sidewalk Bay Replacements, as required by the Engineering Department;
That, pending satisfactory performance, the Purchasing Manager, in consultation
with the Acting Director of Engineering be given the authority to extend the contract
for this service for up to three additional one-year terms;
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Report GGR-011-20
That the funds required for this project in the amount of $75,053.00 (Net HST
Rebate) be funded by the Municipality as follows:
Description Account Number Amount
Ops 2019 Sidewalk 100-36-380-10733-7112 $10,764
Eng Sidewalk Replacement 110-32-331-83215-7401 $64,289
That all interested parties listed in Report FND-023-20 and any delegations be
advised of Council’s decision.
22. Engineering Services Brown Street Reconstruction
That Report FND-024-20 be received;
That the proposal received from CIMA+, having the lowest price meeting all terms,
conditions and specifications of RFP2020-1 be awarded the contract for the
provision of engineering services required for the reconstruction of Brown Street;
That the funds required in the amount of $101,754.37 (net HST rebate) be drawn
from the following accounts:
Brown St. Reconstruction
(2019)
110-32-330-83457-7401 $ 81,714.62
Region of Durham (2019) 110-32-330-83457-7402 $ 20,039.75
That, subject to budget approval in 2021 for the reconstruction of Brown Street, the
CIMA+ be authorized to provide the required Inspection and Contract
Administration at a cost of $75,774.71 (net HST Rebate) and that the required
funds be drawn from the following accounts:
Brown St.
Reconstruction (2021)
110-32-330-83457-
7401
$ 60,619.77
Region of Durham
(2021)
110-32-330-83457-
7402
$ 15,154.94
That all interested parties listed in Report FND-024-20 and any delegations be
advised of Council’s decision.
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Report GGR-011-20
23. Single Source award to Grant Thornton for the development of Key
Performance Indicators and Management by Objectives
That Report FND-025-20 be received;
That, under the single source provision of the Municipality’s Purchasing By-Law
and based on the proposal received, Council grant the Purchasing Manager the
authority to negotiate an agreement with Grant Thornton for the development of
Key Performance Indicators (KPIs) and Management by Objectives (MBOs) for the
Municipality;
That the Purchasing Manager be authorized to execute the necessary agreement
with Grant Thornton for the services, outlined in Recommendation 2, in a form
acceptable to the Municipal Solicitor;
That funds required for the services be funded from the Continuous Improvement
Reserve Fund; and
That all interested parties listed in Report FND-025-20 and any delegations be
advised of Council’s decision.
24. Drainage in Solina
That Staff be directed to report back at the September 28, 2020 General
Government Committee Meeting on Drainage issues in Solina (the West lake
Development) on the following:
How many years has the Operations department had to do work on fixing
drainage issues in this development?
Do we anticipate future drainage issues to continue every year?
What is the total cost that has been spent on repairing these issues to date?
25. Anaerobic Digestion
That Clarington Council advise our Member of Provincial Government, Lindsey
Park, of Council’s declaration of being an unwilling host to the planned recycling
plant and anaerobic digestion proposal on Megawatt Drive;
That Council ask the Provincial Government, and our MPP, to place a ‘hold’ on the
proposed site until a full and proper Environmental Assessment (EA) can be
conducted; and
That the Minister of Environment, Conservation and Parks be requested to pass an
order prohibiting the Region of Durham from proceeding with the planned recycling
plant and anaerobic digestion facility until the EA is completed to the satisfaction of
Clarington Council.
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Report GGR-011-20
26. Prohibit Symbols of Hate
That Staff be directed to develop a protocol to prohibit symbols of hate and racial
intolerance in our community; and
That the Diversity Advisory Committee be consulted in the development of this
protocol.
27. Scugog Street and Bons Avenue Intersection Awareness
That, in light of the recent motor vehicle accident at the intersection of Scugog
Street and Bons Avenue, Council request staff to investigate and report back at the
Joint General Government and Planning and Development Committee Meeting of
September 14, 2020 on measures that can be taken to heighten awareness of the
all-way stop at this intersection, in particular that on Scugog Street.
28. Questions for the Chief of Emergency and Fire Services
That Staff be directed to report back, in the fall, on the following:
1. How is the complement of volunteer firefighters to-date?
2. How many volunteer firefighters has Clarington trained and equipped for the past
five years and what has been the cost?
3. How many volunteer firefighters has Clarington lost over the last five years?
4. What is Clarington’s plan to attract and to retain volunteer firefighters, as per the
Master Fire Plan requirements?
5. How much will it cost to accomplish #4 above (to meet the volunteer firefighter
requirements set forth in the Master Fire Plan including equipment, training and
salary?)
6. Are there any areas where the Chief is concerned that there will be issues in
attracting, training and retaining these volunteer firefighters in future?
7. If yes to Question #6, what is Council expected to do about any areas where the
Chief has concerns (i.e. not meeting levels of protection)?
29. Tyrone Community Centre
That the Grant Application #20-06, from Tyrone Community Centre, be approved in
the amount of $5000.00.
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Report GGR-011-20
30. Newtonville Community Hall
Kendal Community Centre
Brownsdale Community Centre
Solina Community Centre
That the Grant Application #20-01 for the Newtonville Community Hall, be approved
in the amount of $2,500.00.
That the Grant Application #20-02 for the Kendal Community Centre, be approved
in the amount of $2,500.00.
That the Grant Application #20-04 for the Brownsdale Community Centre, be
approved in the amount of $2,500.00.
That the Grant Application #20-05 for the Solina Community Centre, be approved in
the amount of $2,500.00.
31. Hampton Community Association
That the Grant Application #20-03, from the Hampton Community Association, be
approved in the amount of $4,000.00.
32. Orono Agricultural Society
That the Grant Application #20-15, from the Orono Agricultural Society, be
approved in the amount of $2,500.00.
33. Clarington Ravens
That the Grant Application #20-32, from the Clarington Ravens, be approved in the
amount of $2,500.00.
34. Feed the Need Durham
That the Grant Application #20-16, from Feed the Need Durham, be approved in
the amount of $2,500.00.
35. Bowmanville Allotment Gardens
Liberty Allotment Garden
That Grant Application #20-13 from the Bowmanville Allotment Gardens, be
approved in the amount of $500.00.
That Grant Application #20-13 from the Liberty Allotment Garden, be approved in
the amount of $500.00.
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Report GGR-011-20
36. Orono Horticultural Society
That the Grant Application #20-12 from the Orono Horticultural Society, be
approved in the amount of $800.00.
37. Big Brothers Big Sisters
That the Grant Application #20-21, from Big Brothers Big Sisters, be approved in
the amount of $4000.00.
38. Bowmanville Horticultural Society
That the Grant Application #20-11, from the Bowmanville Horticultural Society, be
approved in the amount of $800.00.
39. Autism Home Base Durham
That the Grant Application #20-19, from Autism Home Base Durham, be approved
in the amount of $3000.00.
40. The Gathering Place
That the Grant Application #20-17, from the Gathering Place, be approved in the
amount of $3000.00.
41. Scientists in School
That the Grant Application #20-20, from Scientists in School, be approved in the
amount of $1000.00.
42. Bowmanville District Navy League
That the Grant Application #20-09, from the Bowmanville District Navy League, be
approved in the amount of $2000.00.
43. Luke's Place
That the Grant Application #20-24, from Luke's Place, be approved in the amount of
$2,500.00.
44. St. Paul's United Church
That the Grant Application #20-25, from St. Paul's United Church, be approved in
the amount of $2,500.00.
45. Clarington Martial Arts
That the Grant Application #20-34, from Clarington Martial Arts, be approved in the
amount of $1000.00.
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Report GGR-011-20
46. Newcastle Village and District Historical Society
That the Grant Application #20-08, from the Newcastle Village and District
Historical Society, be approved in the amount of $1000.00.
47. Clarington Tamil Association
That the Grant Application #20-10, from the Clarington Tamil Association, be
approved in the amount of $2000.00.
48. Clarington Swim Club
That the Grant Application #20-31, from the Clarington Swim Club, be approved in
the amount of $2500.00.
49. St. John's Anglican Church
That the Grant Application #20-26, from St. John's Anglican Church, be approved in
the amount of $1000.00.
50. Clarington Knights Football
That the Grant Application #20-33, from the Clarington Knights Football, be
approved in the amount of $1000.00.
51. Soper Valley Model Railroad Association
That the Grant Application #20-28, from the Soper Valley Model Railroad
Association, be approved in the amount of $500.00.
52. Heroes 4 Wildlife
That the Grant Application #20-27, from Heroes 4 Wildlife, be approved in the
amount of $1000.00.
53. Bowmanville Tennis Club
That the Grant Application #20-30, from Bowmanville Tennis Club, be approved in
the amount of $750.00.
54. Rural Broadband Connectivity
That Report CAO-017-20 be received;
That the Mayor and Clerk be authorized to enter into a multi -site lease agreement
with Rapid Connex substantially on the terms set out in this Report in order to
implement a phased approach for the provision of broadband services in rural
Clarington;
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Report GGR-011-20
That the Mayor and Clerk be authorized to execute such other documents or
agreements reasonably required to implement the proposal outlined in this report;
That, prior to installing any tower infrastructure, a public meeting be held in
accordance with the public notice requirements of the Ministry of Innovation,
Science and Economic Development;
That staff continue to work with Fontur International to assist the rollout of this
initiative, a long-term broadband strategy and the update of our
Telecommunications Antennae and Tower Policy;
That staff to continue work with other levels of government and private entities to
explore other potential locations across Clarington for infrastructure installation; and
That Rapid Connex be advised of Council’s decision.
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Committee
Report to Council
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Coordinator at 905-623-3379 ext. 2131.
Report To: Council Report Number: PDR-008-20
Date of Meeting: July 6, 2020
Report Subject: Special Planning and Development Committee Report of June 23, 2020
Recommendations:
1. Southeast Courtice Secondary Plan
That Report PSD-021-20 be received;
That the proposed Secondary Plan and Official Plan Amendment
(COPA 2020-0002) continue to be reviewed and processed and that a subsequent
recommendation report be prepared and staff report back to Council with a
Recommendation Report; and
That all interested parties listed in Report PSD-021-20 and any delegations be
advised of Council’s direction regarding this Public Meeting report.
2. Southwest Courtice Secondary Plan
That Report PSD-022-20 be received;
That the proposed Draft Bayview (Southwest Courtice) Secondary Plan
Amendment (COPA 2020-0003) and Urban Design and Sustainability Guidelines;
continue to be reviewed/processed and staff report back to Council with a
Recommendation Report; and
That all interested parties listed in Report PSD-022-20 and any delegations be
advised of Council’s decision.
Page 111
Committee
Report to Council
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Coordinator at 905-623-3379 ext. 2131.
Report To: Council Report Number: PDR-007-20
Date of Meeting: July 6, 2020
Report Subject: Planning and Development Committee Meeting of June 29, 2020
Recommendations:
1. Receive for Information
(a) LGL-005-20 Camp 30 Option Agreement
2. Trolleybus Urban Development Inc. proposed Draft Plan of Subdivision
and Rezoning Applications Part Lot 27, Concession 2, Former
Township of Darlington - 2910 and 2936 Hancock Road, Courtice
That Report PSD-024-20 be received;
That the proposed Draft Plan of Subdivision and Zoning By-law Amendment
submitted by BV Courtice Partners LP (Trolleybus Urban Development) continue to
be processed including the preparation of a subsequent report; and
That all interested parties listed in Report PSD-024-20, and any delegations be
advised of Council’s decision.
3. Bill 156 - Security from Trespass and Protecting Food Safety Act, 2020
That Communication Item 10.1 be received; and
That Staff be directed to communicate the message from Ernie Hardeman, Minister
of Agriculture, Food and Rural Affairs, regarding Bill 156 – Security from Trespass
and Protecting Food Safety Act, 2020, to the Agricultural Advisory Committee.
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Municipality of Clarington Page 2
Report PDR-007-20
4. Addition of Properties to the Municipal Heritage Register
That Report PSD-025-20 be received;
That 58 Centre Street, Bowmanville be added to the Municipal Register;
That 64 Centre Street, Bowmanville be added to the Municipal Register;
That 72 Centre Street, Bowmanville be added to the Municipal Register; and
That all interested parties listed in Report PSD-025-20 and any delegations be
advised of Council’s decision.
5. Proposed Alteration to a Designated Heritage Property; 5 Beech
Avenue, Bowmanville
That Report PSD-026-20 be received;
That the Heritage Permit Application (File No. HPA2020 -003) to facilitate a rear
addition, replacement of the detached garage, and replacement fencing at 5 Beech
Avenue, Bowmanville be approved as per the elevation drawings in Attachment 2,
and in accordance with the applicable Designation By-laws 96-073 and 2006-102,
and Sections 33(4) and (42(1) of the Ontario Heritage Act, R.S.O. 1990,
Chapter 0.18; and
That the Ontario Heritage Trust, the Beech Avenue Heritage Conservation District
Advisory Committee, the Clarington Heritage Committee, the property owners, and
all interested parties listed in Report PSD-026-20 be advised of Council's decision.
6. Addendum to Report PSD-019-20, 415 Mill Street
That Report Addendum to PSD-019-20 be received;
That the application to amend the Zoning By-law submitted by Kaleido Corporation
be approved and that the Zoning By-law contained in Attachment 1 to Addendum
Report to PSD-019-20 be passed;
That once all conditions contained in the Official Plan with respect to the removal of
the (H) Holding Symbol are satisfied, the By-law authorizing the removal of the (H)
Holding Symbol be approved;
That the Durham Regional Planning and Economic Development Department and
Municipal Property Assessment Corporation be forwarded a copy of Report
PSD-019-20 and Council’s decision; and
That all interested parties listed in Report PSD-019-20 and any delegations be
advised of Council’s decision
Page 113
Staff Report
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Coordinator at 905-623-3379 ext. 2131.
Report To: Council
Date of Meeting: July 6, 2020 Report Number: PSD-027-20
Submitted By: Faye Langmaid, Acting Director of Planning Services
Reviewed By: Andrew C. Allison, CAO Resolution#:
File Number: ZBA2018-0018 By-law Number:
Report Subject: An application by Lanarose Homes Ltd. for a Removal of Holding to permit
an apartment building containing 116 residential units in the Port of
Newcastle.
Recommendations:
1. That Report PSD-027-20 be received;
2. That the application submitted by Lanarose Homes Ltd. to remove the Holding (H)
symbol be conditionally approved as contained in Attachment 1 to Report PSD-027-20;
3. That the Mayor and the Municipal Clerk be authorized to enact the By-law included as
Attachment 1 of Report PSD-027-20 upon receipt by the Municipality of an executed
Site Plan Agreement and the appropriate securities;
4. That Council’s decision and a copy of Report PSD-027-20 be forwarded to the Region
of Durham and the Municipal Property Assessment Corporation; and
5. That all interested parties listed in Report PSD-027-20 and any delegations be advised
of Council's decision.
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Report PSD-027-20
1. Application Details
Owner/Applicant: Lanarose Home Ltd. (Kaitlin Corporation)
Proposal: Removal of Holding (H) Symbol from:
"Holding-General Commercial Exception ((H) C1-23) Zone”;
Area: 10.67 ha
1.4 Location: North east corner of Shipway Avenue and Lakebreeze Drive in
the Port of Newcastle Part Lot 28, Broken Front Concession,
former Township of Clarke
Within Build Boundary: Yes
2. Background
The applicant has applied for a zoning by-law amendment to remove the Holding (H)
Symbol from the lands to permit the construction of a four storey apartment building
containing 116 residential units in the Port of Newcastle. The lands are located north of
Lakebreeze Drive and east of Shipway Avenue in the Port of Newcastle as shown in
Figure 1. This is the third of ultimately four multi-storey building in the final phase of
development in the Port of Newcastle.
The report is recommending approval of an application by Lanarose Homes Ltd. to remove
the Holding (H) Symbol from the lands to permit the construction of a four storey apartment
building containing 116 residential units in the Port of Newcastle.
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Report PSD-027-20
Figure 1 - lands are located north of Lakebreeze Drive and east of Shipway Avenue in
the Port of Newcastle
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Municipality of Clarington Page 4
Report PSD-027-20
3. Staff Comments
The Holding (H) symbol is a provision enabled by the Official Plan to ensure that certain
obligations have been considered prior to development and redevelopment of the lands.
This includes servicing, access, protection of natural areas, measures to mitigate the
impact of development, submission of required studies, execution of agreements and
any other requirements as may be deemed necessary by Council including the
implementation of the policies of the Official Plan.
The applicant applied for site plan approval for a four storey apartment building at 50
Shipway Avenue. The Acting Director of Planning Services and the Acting Director of
Engineering Services issued Site Plan Approval on January 16, 2020. The applicant
has yet to return the executed Site Plan Agreement and submit the required securities,
however both are expected to be delivered to the municipality in the next three weeks,
well into the summer recess. The building permit is being review by the Building
Division. The next meeting in which this application can be heard by the Joint
Committee meeting on September 14th, 2020 which impact the construction schedule.
Staff recommend that Council authorize the Mayor and the Municipal Clerk to enact the
by-law upon receipt of the executed agreement and securities.
All property taxes have been paid in full.
4. Concurrence
The Municipal Solicitor has reviewed the recommendation and by-law.
5. Conclusion
In consideration of the comments noted above, it is recommended that Council
conditionally approve the zoning by-law amendment for the removal of the "Holding (H)"
symbol for an apartment building in the Port of Newcastle.
Staff Contact: Cynthia Strike, Principal Planner, 905-623-3379 x 2410 or
cstrike@clarington.net.
Attachments:
Attachment 1 – Draft Zoning By-law Amendment to Remove “H” Symbol
The following interested parties will be notified of Council's decision:
Enzo Bertucci, Kaitlin Corporation
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C:\Program Files\eSCRIBE\TEMP\9332914571\9332914571,,,Attachment 1 - Zoning By-law to Remove Holding Symbol.docx
The Corporation of the Municipality of Clarington
By-law Number 2020_-______
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the
Corporation of the Municipality of Clarington
Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to
amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington to permit
the development of a four-storey apartment building containing 116 residential units on the
subject lands. (ZBA 2018-0018);
Now Therefore Be It Resolved That the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Schedule “5” (Newcastle)” to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from:
“Holding – General Commercial Exception ((H) C1-23) Zone” to
“General Commercial Exception (C1-23) Zone.”
as illustrated on the attached Schedule “A” hereto.
2. Schedule “A” attached hereto shall form part of the By-law.
3. This By-law shall come into effect on the date of passing hereof, subject to the
provisions of Sections 34 and 36 of the Planning Act.
By-Law passed in open session this _____ day of _____________, 20___
____________________________
Adrian Foster, Mayor
____________________________
C. Anne Greentree, Municipal Clerk
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Page 119
Staff Report
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Coordinator at 905-623-3379 ext. 2131.
Report To: Council
Date of Meeting: July 6, 2020 Report Number: Addendum to Report PSD-015-20
Submitted By: Faye Langmaid, Acting Director of Planning Services
Reviewed By: Andrew C. Allison, CAO Resolution#:
File Number: PLN 8.6.7, COPA2019-0002 & ZBA2019-0019 By-law Number:
Report Subject: Proposed Official Plan Amendment and Rezoning to Implement the
Bowmanville Neighbourhood Character Study
Recommendations:
1. That Report PSD-015-20 be received;
2. That Addendum Report PSD-015-20 be received;
3. That the Official Plan Amendment contained in Attachment 1 of Report PSD-015-20
be approved;
4. That the revised Zoning By-law Amendment that also repeals Interim Control By-law
2018-083 contained in either:
a) Attachment 2a of Addendum Report PSD-015-20, or
b) Attachment 2b of Addendum Report PSD-015-20 be approved;
5. That in accordance with Section 45(1.4) of the Planning Act, Council permit minor
variance applications to be submitted for the lands subject to the Zoning By-law
Amendment contained in Addendum Report PSD-015-20, provided the application is
accompanied by a character analysis as determined by the Director of Planning;
6. That the Durham Regional Planning and Economic Development Department , the
Ministry of Municipal Affairs and Housing and the Municipal Property Assessment
Corporation be forwarded a copy of Report PSD-015-20, Addendum Report PSD-
015-20 and Council’s decision; and
7. That all interested parties listed in Addendum Report PSD-015-20 and any
delegations be advised of Council’s decision.
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Municipality of Clarington Page 2
Addendum to Report PSD-015-20
1. Background
1.1 Staff report PSD-015-20 considered by Council on May 25, 2020, recommended
approval of an Official Plan amendment and Zoning By-law amendment to implement
the Bowmanville Neighbourhood Character Study. Council passed the following
resolution:
Resolution #C-238-20
Moved by Councillor Hooper
Seconded by Councillor Zwart
That Report PSD-015-20 – Proposed Official Plan Amendment and Rezoning to
Implement the Bowmanville Neighbourhood Character Study, be referred to the July 6,
2020 Council Meeting.
1.2 The referral was intended to accommodate discussions between Planning Services staff
and delegates representing properties at 62 and 64 Prospect Street and the Durham
Region Home Builders Association (DRHBA). At the May 19, 2020 Planning and
Development Committee meeting Andrew Rice and John McDermott requested
exemptions be added to the proposed Zoning By-law Amendment for 62 and 64
Prospect Street. Concerns related to these properties were further discussed by Patty
Rice at the May 25, 2020 Council Meeting.
1.3 Staff met with representatives from the Rice family on June 8th and June 23rd. Staff met
with the Durham Region Home Builders Association (DRHBA) on June 9th. Their
concerns and how staff have considered them are detailed in Section 2.
Report Overview
This is an addendum report to PSD-015-20, responding to delegations from the meeting on
May 25 when this Report was referred to the July 6, 2020 Council Meeting. Based on
discussions, some revisions have been made to the proposed Zoning By-law amendment
contained in Attachments 2. There are two options for Council’s consideration, option 2a
and 2b.
Staff are recommending approval of the Official Plan and Zoning By-law amendments
(option 2a) to implement the Bowmanville Neighbourhood Character Study (BNCS). The
Zoning By-law Amendments in both options have been revised to include a section that will
repeal the Interim Control By-law once the Zoning By-law Amendment comes into effect.
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2. Discussion
2.1 Through discussions with the representatives for the Rice family, it was stated that they
do not disagree with the intent of the study or zoning by-law, however they did restate
their belief that allowance for lot coverage of 35 percent for both 62 and 64 Prospect
Street and a building height of 9 metres at 64 Prospect Street was required to allow the
development of a 2-storey home in keeping with the neighbourhood. It was
acknowledged that an exception for height at 62 Prospect Street was not necessary.
For lot coverage it was suggested that staff consider regulating lot coverage based on
lot size, rather than basing it on the number of storeys a dwelling has.
2.2 There was also concern expressed with future potential negative impact should their
property become legal non-complying. They were concerned their current house at 62
Prospect Street would be non-compliant with the proposed regulation in terms of lot
coverage and garage size. They requested data as to how averages for existing
setbacks, heights and coverages were determined by the consultant (MHBC) for the
Bowmanville Neighbourhood Character Study. That information has been provided by
staff. Data collected by Mr. McDermott was also shared with staff.
Legal Non-complying
2.3 Zoning By-laws are required to recognize legal non-conforming buildings and structures
in accordance with Section 34(9) of the Planning Act. Zoning By-law 84-63 uses the
terms Legal Non-Conforming when referencing uses that legally existed prior to the to
the date of the passing of a by-law and Legal Non-Complying for building or structures
that do not meet the regulations set out for the zone in which such building or structure
is located but legally existed prior to the date of the passing of the by-law. For
example, a house was constructed in the 1860’s and a zoning by-law for the area came
into effect in the 1980’s. The house was built with a side yard setback of 0.75 metres
where the zoning by-law requires 1.2 metres. Although the house does not comply with
the regulations of the zone it is in, it is deemed to be legal.
2.4 A review of the data collected by both Mr. McDermott and MHBC indicates that although
existing properties may become legal non-complying with one or more regulations of the
proposed zoning, many are already in that position with the regulations contained in
Zoning By-law 84-63. Staff are unaware of issues related to the sale of properties that
have legal non-complying buildings and structures, zoning compliance letters are
typically issued by Planning Services advising of compliance/non-compliance to zoning
requirements.
Height
2.5 During discussions a desire to construct a two storey house with 9 foot ceilings and a
roof pitch of 8/12 was expressed for 64 Prospect Street. A cross section drawing was
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provided by the Rice’s indicating an overall height of 8.8 metres. Flexibility was
requested to raise the basement because they have required a sump pump in the
basement at 62 Prospect starting in 2016 for a house built over 50 years ago and are
concerned that future construction at 64 Prospect would have similar water issues.
2.6 Staff have tested the desire to have a two storey home with 9 foot ceilings and an 8/12
roof pitch and found this could be achieved with an 8.3 metre height provided the
basement is not elevated (see Figure 1). Based on the desire to elevate the basement,
design changes could be made such as reducing the height of the second floor to 8 ft or
incorporating different roof pitches. Figures 2 and 3 depict how the height can change
when incorporating a 7/12 (8.1 metres) or 6/12 roof pitch (7.9 metres). Based on this
analysis and the example of 2 storey dwellings that exist in the study area discussed in
Section 2.21, staff are not supportive of the request for a 9 metre height. However, if
Council determines the request for the height exemption is appropriate , approval of the
Zoning By-law Amendment contained in Attachment 2b could be granted.
Figure 1 Two Storey House with an 8/12 Roof Pitch
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Figure 2 Two Storey House with an 7/12 Roof Pitch
Figure 3 Two Storey House with an 6/12 Roof Pitch
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Lot Coverage
2.7 In terms of lot coverage, it was specifically suggested that lots with less than 650 m 2 be
permitted to have a lot coverage of 35% and that a lesser lot coverage be attributed to
larger lots. Staff has conducted further analysis to determine the number of lots within
the study area regarding average lot size and coverage.
Number of Lots
Within Study Area
Zoned R1
Percentage of the
Total Number of Lots
Average Lot
Coverage
Lots over 800 m2 339 36 % 18.2%
Lots between 650 m2
and 799 m2
165 17.5% 23.0%
Lots less than 650
m2
438 46.5% 27.6 %
Table 1: Lots within the BNCS area based on lot area and average lot coverage
2.8 The analysis revealed that the larger lots have less coverage, and smaller lots have
over 25% recommended by MHBC. As a result, staff have made modifications to the
Zoning By-law Amendment contained in Attachment 2 to permit single detached
dwellings with lots less than 650 m2 to have a lot coverage of 35%. Lot coverages of
30% are proposed for lots between 650 m 2 and 799 m2 and 25% for lots over 800 m2.
The proposed lot coverage remains unchanged for semi-detached dwellings as a lot
would need to accommodate two units as opposed to one.
2.9 The exemption language for porches when calculating lot coverage was clarified. The
exemption is up to a maximum area. An area of up to 12.0 m2 is exempt from lot
coverage on interior lots and an area of up to 20 m2 is exempt on exterior lots.
2.10 An additional 5% lot coverage was previously added for accessory buildings and
structures (e.g. decks and sheds). Permission has also been added to include rear yard
unenclosed porches in the additional 5% lot coverage. This will help to reduce the need
for homeowners to apply for a minor variance where a builder constructs a new home to
the maximum allowable lot coverage. To date, this has been more of an issue in new
subdivisions where houses are designed to maximum lot coverage and setbacks.
However, it is considered an appropriate approach here as well.
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Garages
2.11 Modifications to the proposed zoning by-law have been made to allow a two-car
attached garage for 15m lot frontage. The regulation for the combined width of a
garage door(s) is now 6 metres for lots with 15 metres of frontage or more. 62 Prospect
has a double car garage door, so by removing the limitation of 3 metres per garage
door, the garage is now in compliance with the proposed regulations. Allowing two car
garages on less than 18 m lot frontage was also an issue raised by the DRHBA.
2.12 The Rice family questioned why specific properties were granted exceptions in the
proposed by-law and why one is not considered for their property. The exceptions
included were a direct result of previous Council decisions related to specific
development proposals. If Council wishes to provide an exception to 64 Prospect Street
for height they can choose to do so. An alternative Zoning By-law Amendment is found
in Attachment 2b.
2.13 It should be noted that an exception for 79 Division Street previously proposed has
been removed. There is an approved minor variance on the property which makes the
need for an exception redundant.
DRHBA
2.14 After discussions with the Durham Region Home Builders Association a revision to the
proposed zoning by-law amendment was provided and reviewed. DRHBA provided a
response on June 18, 2020 identif ying concern with the established building line, lot
coverage, landscape open space and building height.
2.15 DRHBA requested that the front yard setback be a minimum of 6 metres or less rather
than using the Established Building Line. The established building line was chosen so
that the front yard setback would be more consistent with what is existing in the
immediate vicinity of a dwelling. A maximum setback of 2 metres from the established
building line is proposed to add flexibility where existing setbacks are close to the street.
2.16 DRHBA requested that one storey dwellings be permitted at 45%, 1.5 storey dwellings
be permitted at 40% and greater than 1.5 storey be 35% lot coverages, respectively.
They referred to the mandate of intensification to support this request.
2.17 Staff acknowledge that the proposed lot coverages are less than what is permitted in
greenfield (new) subdivisions, while being greater than the averages found within the
study area. Section 4 of PSD-015-20 outlines that the Official Plan does not focus
intensification on existing neighbourhoods rather there are policies requiring new
developments respect and reinforce the physical character of these neighbourhoods
including height and scale of buildings and their setbacks. The proposed Zoning By-law
is the implementation tool to realize the intent of these policies. The lot coverages that
exist in the three subject areas are much lower than what is found in greenfield
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subdivisions. However, the modification discussed in Section 2.7 would allow smaller
lots to have greater lot coverages and larger lots to have lesser lot coverages.
2.18 Intensification does not equate with replacing a modest home with a grand one and
multiple garages. Intensification is adding more units than what is currently provided.
2.19 DRHBA also requested that 2 car garages be allowed on 11 metre lots. They stated
that this could help solve on street parking issues. To accommodate a two car driveway
on an 11 metre lot DRHBA requested the front yard landscape open space be reduced
to 40%. The aim of the 10% reduction is to permit a two car driveway on an 11 metre
lot and thus, increasing the marketability value of a new the home in this established
neighbourhood.
2.20 The Urban Residential Type One (R1) zone requires a minimum lot frontage of 15
metres for a single detached dwelling, therefore an 11 metre lot is not permitted. A
semi-detached dwelling requires 18 metres frontage for two units and could not
accommodate a double car garage with 40% landscape open space. If someone
proposes an 11 metre lot for a single detached dwelling, a rezoning application would
be required and they could request other exceptions at that time.
2.21 DRHBA claims that the proposed building height is only suitable for tiny homes, and the
maximum should be increased to 10 metres. Staff have examined plans of new two
storey homes within the area while the Interim Control By-law has been in effect.
2.22 For the first example, Council granted an exemption to Interim Control By-law 2018-083
to permit a height of 8.6 metres as opposed to 8.0 metres. Based on the building permit
information, this home only exceeds the proposed maximum height of 8.5 metre by 0.1
metre (3.93 inches). The second example is under the required 8.5 metres maximum
height. As seen in Figures 4 and 5, these houses are both two stories with a number of
steps to the front door. These figures show the regulations were written with the intent
to allow 2 storey homes.
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Figure 4: New two storey house measuring 8.6 metres in height.
Figure 5: New two storey houses on Concession Street measuring under 8.0
metres in height.
2.23 A height of 10 metres would enable the construction of a three storey house which is
not in keeping with the heights of most of the houses in these established
neighbourhoods.
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2.24 Addendum report PSD-019-20 on the agenda for the June 29, 2020 Planning and
Development Committee provides an example of proposed three storey townhouse
dwellings that are designed at a height of 10 metres.
2.25 In discussions with the representatives for the Rice family, it was suggested that a lower
height for houses with flat roofs be considered. The proposed 8.5 metre height could
have the ability to accommodate a three storey d welling with a flat roof. The Zoning By-
law Amendment in Attachments 2a and 2b has been revised to include a maximum
height of 7.5 metres for a flat roof dwelling.
2.26 Through discussions with the DRHBA, it was suggested that architectural control be
considered as an alternative to the regulations that are being proposed. The proposed
zoning regulations are intended to set a building envelope that is more in keeping with
the character of the area. It has not been written in a strict sense as to replicate the
exact character but to provide more sensitivity in terms of heights, lot coverage,
landscape open space, setbacks and garages.
2.27 As noted in section 7.8 of PSD-015-20, architectural control could be implemented but
would also requiring a site plan process. This would add cost for the control Architect’s
fee as well as the site plan application process itself. It would also take additional time
to process the approvals. Architectural control is used together with zone regulations in
greenfield areas, it is not used to address matters of setback, lot coverage, building
height, as spelled out by the provisions of the zoning by-law
2.28 Staff recognize that not all lots within the study area are the same. As a result, where a
project cannot meet the proposed regulations, an applicant would have the opportunity
to make an application for a minor variance. Provided the application meets the four
tests required by the Planning Act and is accompanied by a supportive character
analysis as discussed in section 7.12 of PSD-015-20, an applicant would most likely
receive a positive recommendation from staff, providing all other requirement are met.
The overall time to process an application is typically 50 days, including the appeal
period with an application fee of $750, currently.
2.29 Eight minor variance applications have been processed in the study areas since the
establishment of the Interim Control By-law. All applications received a supportive
recommendation from staff. In two cases, variances were also needed for relief from
existing regulations in Zoning By-law 84-63.
2.30 Council has also granted exemptions from the Interim Control By-law to allow new
construction to proceed on 4 properties. In three of those cases, staff were supportive
of the requests while the fourth case proceeded directly to Council without staff
involvement.
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2.31 Staff developed a character analysis form that applicants used to support a minor
variance or exemption to the Interim Control By-law where necessary. This form can
continue to be used going forward to support a request for a minor variance. Where an
applicant has difficulty navigating the form, staff will assist in completing the form.
3. Conclusion
3.1 In consideration of all agency, staff and public comments, it is respectfully
recommended that the Official Plan Amendment and Zoning By-law Amendment to
implement the Bowmanville Neighbourhood Character Study be approved. Further, it is
recommended that Interim Control By-law 2018-083 be repealed.
Staff Contact: Tracey Webster, Senior Planner, 905-623-3379 x 2415 or
twebster@clarington.net.
Attachments:
Attachment 1 – Report PSD-015-20
Attachment 2a – Proposed Zoning By-law Amendment (Preferred Option)
Attachment 2b – Proposed Zoning By-law Amendment (Option B)
Interested Parties:
List of Interested Parties available from the Department.
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Staff Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: Planning and Development Committee
Date of Meeting: May 19, 2020 Report Number: PSD-015-20
Submitted By: Faye Langmaid, Acting Director of Planning Services
Reviewed By: Andrew C. Allison, CAO Resolution#:
File Number: PLN 8.6.7, COPA2019-0002 & ZBA2019-0019 By-law Number:
Report Subject: Proposed Official Plan Amendment and Rezoning to Implement the
Bowmanville Neighbourhood Character Study
Recommendations:
1.That Report PSD-015-20 be received;
2.That the Official Plan Amendment contained in Attachment 1 of Report PSD-015-20
be approved;
3.That the Zoning By-law Amendment contained in Attachment 2 of
Report PSD-015-20, be approved;
4.That in accordance with Section 45(1.4) of the Planning Act, Council permit minor
variance applications to be submitted for the lands subject to the Zoning By-law
Amendment contained in Attachment 2, provided the application is accompanied by
a character analysis;
5.That a By-law to repeal Interim Control By-law 2018-083 be forwarded to Council for
adoption once the Zoning By-Law Amendment contained in Attachment 2 is in full
force and effect;
6.That the Durham Regional Planning and Economic Development Department , the
Ministry of Municipal Affairs and Housing and the Municipal Property Assessment
Corporation be forwarded a copy of Report PSD-015-20; and
7.That all interested parties listed in Report PSD-015-20 and any delegations be
advised of Council’s decision.
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1. Introduction
1.1 Over the past few years, Council and Clarington Planning staff have received several
complaints from the public regarding new and replacement housing development and
additions to existing housing that are viewed as being incompatible with the
neighbourhood character. Through PSD-078-18, staff identified a Residential
Neighbourhood Character Study (the “study”) would help identify and evaluate the
physical character of the established neighbourhoods experiencing the most change.
Three of the established neighbourhoods identified were parts of the Elgin, Central and
Memorial neighbourhoods in Bowmanville (see Figure 1).
1.2 MacNaughton Hermsen Britton Clarkson Planning Limited (MHBC) were retained in
February 2019 to assist staff in undertaking the study. To prevent incompatible
development from occurring during the study, Clarington Council adopted Interim
Control By-law 2018-083 to restrict the use of land within the BNCS area on September
17, 2018. An update and one-year extension to the Interim Control By-law was
approved through PSD-038-19 on September 9, 2019.
1.3 The general work plan and timeline for the study is shown in Figure 2. The BNCS
Options/Analysis and Recommendation Report by MHBC was released in December
2019. In order to implement recommendations of the study and complete the project,
the Official Plan and Zoning By-law Amendments found in Attachments 1 and 2 are
recommended. The recommended amendments consider input received through
department and agency comments, public submissions and feedback from delegations
at the January 13, 2020 Public Meeting.
Report Overview
The Bowmanville Neighbourhood Character Study (BNCS) began in February 2019 as a
result of Council adopting Interim Control By-law 2018-083 to restrict the use of land within
the study areas. Report PSD-038-19 provided an update of the Bowmanville Neighbourhood
Character Study (BNCS) and requested a one-year extension to Interim Control By-law
2018-083, to September 2020.
The final study recommendations inform the recommended changes to the Official Plan and
Zoning By-law 84-63 with the objective of providing direction for future development to better
reflect neighbourhood character within these established residential areas.
The Interim Control By-law will be repealed subsequent to the Zoning By-law Amendment
and Official Plan Amendment being approved and coming into effect.
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Figure 1: Bowmanville Neighbourhood Character Study Area
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Figure 2: Bowmanville Neighbourhood Character Study Work Plan & Timeline
2. Public Submissions
Public Meeting Delegations
2.1 During the September 2019 public meeting, in response to the draft official plan
amendment and zoning by-law amendment, the following comments were noted:
A developer expressed that he cannot sell homes on 60-foot lots with a one and
a half car garage. People want 3 car garages. He stated that there are no
families that have only a single car.
A property owner on Queen Street wanted lands in front of the former Goodyear
lands to be excluded because it is unknown how those lands will develop. He felt
the reduction in lot coverage would affect property value. This property owner
also made a written submission reiterating the same concerns and asking that his
property not be considered as part of the proposal.
A resident felt developers should be able to replace small houses on large lots
with bigger houses because that’s what people want.
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A resident was concerned the proposal does not account for climate change.
She is concerned that increased coverage of land and taking down trees will
cause increased flooding and contribute to temperature increases.
A resident pointed out that neighbourhoods have been developed around the car
and we have the opportunity to rethink this focus. She asked if it is possible to
have multiple homes on lots in Study Area 2 if stringent planning measurements
are met.
A resident appreciated the work and local feedback on the study. He wanted to
know how best practices were used. He does not want to see development
directed away from the downtown and be allowed around the 407.
A resident who wants to sever her lot to gain funds to renovate her existing
house expressed concern that developers will not want her severed lot because
of the restrictions. She wondered if variances would be able to go ahead.
A resident was concerned that the lot coverage regulations would restrict his
ability to build a garage.
The past president of Durham Home Builders Association indicated that the
association was not invited to participate and were just made aware of the
proposal by a member.
A resident was concerned he may need a variance to attach his garage to his
house. He indicated that he supports the concept of the proposal and indicated
that the work was not done in isolation. He believes the proposal would conserve
the character of the neighbourhood.
A resident spoke in favour of the proposed height restrictions. He feels his
privacy has been impacted by a newer house that was built behind his.
Summary of Written Submissions
2.2 A resident submitted comments indicating they lived in a neighbourhood in Toronto
where smaller bungalows on larger lots were replaced with “monster homes”. Trees
were removed and houses were built to take advantage of the space inside instead of
outside. They now live within the study area and enjoy the green space and “village
feel” of the neighbourhood.
2.3 Many residents are not opposed to redevelopment provided it is done with sensibility
and sensitivity. They indicated the participants and leaders of the study worked very
hard to come up with a serious proposal and that those living in the neighbourhood are
best at determining what they are comfortable with.
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2.4 Some residents fully support the proposal brought forward at the Public Meeting and
hope developers will respect the decision. They do not want to see a lot of applications
for variances. Support for a tree inventory was indicated and they were surprised that
there are not rules/by-laws already in place addressing tree removal.
2.5 A resident submitted comments indicating that the process and fin al recommendation
report from the consultant were very good.
2.6 It was indicated Clarington has set aside enough areas for residential intensification,
allowing neighborhoods in central Bowmanville to be intensified with large, and in many
cases, multi-family residential infill development is a poor policy choice.
2.7 A resident commented on rising housing and rental prices which have made large lots
with there current coverage making them economically viable targets for re-
development. While supporting growth, the resident believes the proposed regulations
are of long-term value in maintaining the charm, character and value. These areas are
important to our cultural fabric.
2.8 A resident who participated in the study process noted the majority of people who spoke
at the Public Meeting, had not participated in previous meetings/walks organized as part
of the BNCS. They noted that the information about the proposal was available on the
Clarington website and could have been found by these delegates.
2.9 A resident suggested the Municipality could consider passing bylaws to permit "Tiny
Homes" as Hamilton has. This building style could be placed on small parcels that are
not suitable for regular building lots. Since younger couples find it hard to get into the
home buying market this could be one way of getting into the real estate market. This
could help builders when confronted with unique parcels that are not suitable for large,
expensive builds.
2.10 A resident indicated they were in favour of creating more rental units in Clarington.
They expressed we should be putting the creation of new units above aesthetics or
character. This resident is opposed to the addition of the proposed policy in the Official
Plan that relates to only one main entrance being visible from the street for a secondary
apartment.
2.11 A developer indicated concerns with the proposed lot coverage as new dwe llings
typically include a garage. The developer feels two storey homes would be impossible
to build on a small lot frontage with the proposed side yard requirements. To construct a
popular bungalow with an attached double car garage, 40% lot coverage would be
needed. The maximum height needs to consider walkout conditions. The developer felt
landscape open space of 35% rather than 40% would be more acceptable. They
requested that newly severed lots be grandfathered to allow the existing zoning
regulations to apply.
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2.12 A resident suggested architectural control guidelines may be an important factor to
consider, such as the Interim Control By-law regulation of roof pitches. The resident
noted, proposed zoning regulations would not be able to control all aspects of
architectural design. Further it was not intended to discourage redevelopment.
2.13 After the release of the revised proposed zoning by-law amendment on April 22nd, a
developer requested we consider a 1.5 metre rather than 1.8 metre interior sid e yard
setback for dwellings greater than 1.5 storeys.
2.14 The developer noted there are residential zones that allows for lot coverage of 40% for
single detached dwellings and 45% for semi-detached dwellings. He requested an
explanation as to why the proposed zoning does not consider semi-detached dwellings
which fall directly in line with the Provincial Affordable housing guidelines. From his
perspective some of the lots in the neighbourhoods have potential for semi-detached
dwellings and he would like us to consider increasing the lot coverage.
2.15 A resident expressed that the protection of heritage properties should be a critical role
for the Municipality.
2.16 A property owner indicated that regulations for additional side yard setbacks for 2 storey
dwellings, 50% landscape open space and limiting the garage width based on the
frontage will restrict development, particularly for semi-detached dwellings. If projects
are required to increase driveway size to limit car overhang and at the same time restrict
the size of the driveway or hardscape area, this limits the portion of the lot a garage can
cover. They believe the new zoning will restrict projects to single car garages with a
single driveway. If limited to a single driveway, they expressed concern that they will no
longer be able to meet the requirements for an apartment-in-house. Also, the property
owner felt this was in direct opposition to the intensification initiatives. In addition, it
limits the ability to increase rental stock and redevelopment feasibility. In their opinion
the restrictions will encourage development of unaffordable luxury bungalows and lower
the property value of the existing housing stock.
2.17 A resident submitted concerns that the discussion on “intensification or “compact
development” as it relates to the Growth Plan requirements for intensification in existing
urban areas was lacking. If protecting neighbourhoods means zero intensification, it
should have been discussed. In their opinion, stable neighbourhoods need
rejuvenation. The resident also expressed concern the proposal will mean some
properties will become legal non-conforming.
2.18 A number of residents identified how important trees are to the characteristics of
neighbour streetscapes. They believe tree protection should be more aggressively
addressed than the recommendation for a pilot project.
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2.19 A resident and member of the Heritage Committee reiterated his desire that the
Municipality conduct a street tree inventory and implement a bylaw for individual tree
protection. He noted it was his impression from the walking tours that people enjoyed
the streetscape (roadways, sidewalks, boulevards). He suggested the municipality
place restrictions on changing streetscapes and that some streetscapes be designated
heritage landscapes.
3. Provincial Policy
Provincial Policy Statement
3.1 The Provincial Policy Statement encourages planning authorities to create healthy
livable and safe communities by accommodating an appropriate range and mix of
residential dwelling types while being sensitive to the characteristics of the
neighbourhood.
Growth Plan
3.2 The Provincial Growth Plan encourages municipalities to manage growth by directing
population growth to settlement areas, such as the Bowmanville Urban Area.
3.3 Municipalities are encouraged to create complete communities that offer a mix of land
uses, employment and housing options, high quality open space, and access to stores
and services. The Growth Plan includes policies to direct development to settlement
areas and provides direction for intensif ication targets within Built-up Areas. The three
neighbourhoods are all within the Built-up area as defined by the Growth Plan.
4. Official Plans
Durham Regional Official Plan
4.1 The Durham Region Official Plan supports the development of people-oriented Urban.
4.2 Areas that create a sense of community, promote social interaction and are esthetically
pleasing.
Clarington Official Plan
4.3 The Clarington Official Plan envisions Clarington as “a place where each community
can build on its individual character, share a common economic base and a distinct
collective image”. The physical character of established residential neighbourhoods is to
be enhanced while accommodating intensification that celebrates the history and
character of its communities.
4.4 New development and redevelopment in existing neighbourhoods shall be designed to:
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a. Respect and reinforce the physical character of the established neighbourhood
having regard to the pattern of lots, streets and blocks, the size and configuration of
lots, building types of nearby properties, the height and scale of buildings and the
setback of buildings from the street, rear and side yards;
b. In neighbourhoods of historical character, be consistent with the built form pattern of
the area;
c. Adhere to all relevant Urban Design Guidelines and expectation for high-quality
architectural design and sustainable building materials; and
d. Maximize opportunities to improve accessibility and pedestrian and cycling systems,
enhance neighbourhood and transit connections, and reduce energy, water and
resource use.
4.5 Existing neighbourhoods are stable but not static. The Municipality encourages limited
intensification in accordance with the criteria noted above to ensure intensification
projects are compatible with the adjacent and surrounding neighbourh ood.
4.6 Lot creation should keep the character of the surrounding area.
4.7 Lands along Liberty Street are designated as a Local Corridor. The Official Plan
requires corridors to be comprehensively developed to provide for residential and/or
mixed-use developments with a wide array of uses in order to achieve higher densities,
and transit-oriented development while being sensitive to the existing neighbourhoods.
Residential development is permitted to six storeys with a minimum density of 40 units
per hectare. The built form shall incorporate existing local character and scale to create
a compatible and attractive built form with a distinctive community image.
5. Agency Comments
Regional Municipality of Durham
5.1 The Region does not have any objections to the proposed Clarington initiated Official
Plan and Zoning By-law amendments. The proposed amendments address
characteristics of built form in the transition of defined Bowmanville neighbourhoods and
the Liberty Street Local Corridor. The Official Plan Amendment application is exempt
from Regional approval.
6. Department Comments
Engineering Services
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6.1 The Engineering Services Department is supportive of the recommendations provided in
the proposed Official Plan and Zoning By-law amendments and the study reports
prepared by MHBC.
6.2 Engineering Services is primarily concerned with additional drainage, proposed grading,
parking requirements and impacts to the road network with respect to newly developed
infill lots. Decreased lot coverage and increased landscape area requirem ents will assist
in mitigating increased stormwater surface flow from newly developed lots. Side yard
setbacks will provide an adequate offset from property lines to install a lot swale
providing positive drainage and will minimize adverse effects to existing adjacent
properties. These lot swales also have potential to provide low impact development
measures by including an infiltration trench to promote groundwater infiltration.
6.3 The setback of 6 metres to the front of the garage will provide for one on -site parking
spot. Older neighbourhoods typically do not meet our current design standards and on -
street parking is limited. It is important to take this into consideration when developing
an infill lot.
6.4 With respect to the recommendation that a street tree inventory to be completed in each
of the three study areas, the Municipality completed a Street Tree Inventory in 2012.
This Report should be used as a basis and updated accordingly.
6.5 As per the Clarington Urban Forest Strategy, the current Tree By-law 97-35 regulates
woodlands between 0.2 ha and 1 ha in size; it does not regulate individual trees. A by-
law regulating individual trees would require significant resources to create and enforce.
Building Services
6.6 The Building Services Division did not identify any concerns with the proposal.
Heritage Committee
6.7 Committee members provided the following comments on the BNCS for staff’s
consideration:
The Committee supports the recommendation to continue evaluating properties
for inclusion on the Municipal Register. The Committee appreciates the support
Council has provided to carry out this study.
Committee members believed the names of the three neighbourhoods used in
the study do not adequately reflect each Area’s history and provided alternate
name suggestions.
The tree protection element is key. There needs to be some methodology in
place to protect trees that contribute to neighbourhood character. Currently,
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Clarington does not appear to have any mature tree replacement/succession
plan.
Area 1: Veterans Avenue is a key area of interest for Committee members. The
Committee has been undertaking research into the significance of this street.
Committee members believe a streetscape evaluation should be conducted for
Veterans Avenue to identify and preserve the historical character of the
properties, including trees and the narrow street design in order to protect the
character through designation as a cultural heritage landscape under the Ontario
Heritage Act.
Area 2: The previous Heritage Conservation District Study was based upon an
area that was too large. Committee members discussed considering smaller
areas that could ensure any guidelines reflect the character of individual streets,
for example, Lowe Street and Centre Street.
Area 3: The Committee supports the recommendation as it applies to Area 3 to
continue to evaluate individual properties that have potential heritage value.
7. Discussion
7.1 Section 1 of this report outlines the reasons for the study being undertaken because of
complaints Council and staff received from the public regarding new, additions to and
replacement of housing development considered incompatible with the neighbourhood
character.
7.2 Through public submissions, staff heard from property owners/developers who have
developed lots in the area and have a desire to continue to build larger homes with
garages for multiple vehicles. Developers are concerned with the recommended lot
coverages, landscape open space and setbacks proposed, believing the new
regulations will hamper their ability to redevelop the lots. One developer would like
consideration for semi-detached dwellings. There was a suggestion we consider a 1.5
metre, rather than a 1.8 metre interior side yard setback for dwellings greater than 1.5
stories.
7.3 Through the study, we heard residents felt current lot coverage permissions of 40
percent for singe detached dwellings and 45 percent for semi-detached dwellings were
too high. The residents wanted lot coverage to be related to building height. They also
felt that new builds were being constructed too close to neighbouring homes and side
yards should be examined in relation to building height. Through analysis of actual lot
coverages in the study areas, MHBC determined that existing lots have less than 25
percent lot coverage.
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7.4 Residents participating in the study were concerned about newer developments
resulting in front yard conditions dominated by driveways and garages, with little open
space. Residents emphasized this could be balanced by providing space without
substantially hindering the ability to accommodate parking. MHBC found the total
landscape open space in the study area averaged 62 percent in Study Area 1 and 65
percent in Study Areas 2 and 3.
7.5 Many of the homes in these areas do not have attached garages. The study found just
under 30% of the homes have attached garages in Study Areas 1 and 2 and only 14%
have them in Study Area 3. Garages can be accommodated indifferent ways, attaching
them to the front of a house is just one option. The proposed zoning does not restrict
one’s ability to accommodate a one or two car attached garage where there is ample lot
frontage. As noted in one of the written submissions and often heard at the workshops,
people moved to this neighbourhood because they enjoy the green space and “village
feel” of the neighbourhood.
7.6 If additional parking spaces are required, the proposed zoning by-law amendments
accommodates a driveway along the length of a lot. The proposed zoning also permits
a detached garage located in the rear of the yard. Both of these scenarios are
consistent with what is found in the neighbourhoods.
7.7 It is not the intention of the proposed amendments to eliminate infilling. However, as
noted in sections 4.3 and 4.4 of the report, the Official Plan encourages limited
intensification (also known as infilling) in existing neighbourhoods and encourages
development to fit with the character of those existing neighbourhoods.
7.8 One property owner/developer questioned why we had not considered architectural
control to regulate architectural design since zoning regulations would not be able to
control this aspect of character. In order to implement architectural control,
development would have to be subject to Site Plan Control, adding an extra layer of
approvals and cost to redevelopment within the study areas. If issues regarding
incompatibility in architectural design persist following approval of the attached
amendments, Council could direct staff to amend the Site Plan Control By-law and
establish architectural control design guidelines for the areas.
7.9 The study areas are not laid out, designed or serviced in the same manner as newer
subdivisions. One resident pointed to the fact that the Municipality has done a good job
at setting aside areas where intensification is appropriate. Intensification should not be
confused with gentrification. Demolishing a smaller home and replacing it with a much
larger home with multiple garages does not contribute to providing additional housing
units in the community.
7.10 In 2015, the Planning Act was amended to restrict minor variance applications for a two -
year period after a Zoning By-law is amended. Section 45(1.4) permits Council to
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declare, by resolution, to allow applications. Such a resolution is recommended to allow
minor variance applications for the area of the proposed zoning by-law amendment,
7.11 While the proposed amendment reflects the character of the area, not all properties are
the same, individual lots are different. The proposed regulations are more permissive
than the actual averages for height, lot coverage and landscape open space noted in
Section 7.2; however, some properties may become legal non-conforming as a result of
the new regulations. If a development proposal cannot meet the regulations, a minor
variance may be possible.
7.12 Review of a proposed Minor Variance application considers four tests spelled out by the
Planning Act, which includes conformity with the policies of the Official Plan and the
intent of the Zoning By-law regulations. The Official Plan requires development to
respect and reinforce the physical character of an established neighbourhood. The
proposed zoning by-law regulations have been crafted to reflect neighbourhood
character. Where the zoning regulations cannot be complied with, a minor variance
application could be applied for. A character analysis demonstrating how the proposed
development will be compatible with the existing neighbourhood character would be
required. Planning staff developed a character analysis form, used for Minor Variances
and exemption requests to the Interim Control By-law 2018-083.
7.13 The study and the recommendations of this report reflect input of approximately 100
neighbourhood residents over the course of the stud y. A summary of the public
engagement and consultation was provided in Report PSD-001-20. The study was
geared towards resident input rather than the development industry. Some participants
in opposition at the public meeting had recently moved into the area.
7.14 While the study was not geared towards developers, staff included developers with
recent projects in the area at the outset of the study. Local developers were aware of all
opportunities to participate, some were interviewed by the MHBC. Planning Services
staff have communicated with the Executive for the Durham Region Home Builders
Association (DRHBA) as to how they can stay informed on projects within Clarington by
subscribing to the Planning E-Update or by registering as an interested party for specific
projects. The Planning Services Department has not received any formal comments
from DRHBA. When Clarington revised its Architectural Control Design Guidelines in
2011 both the DRHBA and BILD were part of the steering committee.
7.15 One property owner on Queen Street requested that his property be removed from the
proposal as it is in front of the former Goodyear site. His concern is that redevelopment
potential would be limited. The Queen Street properties are within the limits of the
Bowmanville East Town Centre Secondary Plan study area and could see changes to
the zoning regulations based on the outcome of that project. The property owner is an
interested party for the Secondary Plan and is encouraged to participate to understand
the opportunities which may be available in the future.
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7.16 Climate change is an important issue. The proposed modifications to the regulations
will create benefits. As noted by Engineering Services, reduced lot coverage and
increased landscape area and setbacks will assist in mitigating increased stormwater
runoff. Maintaining existing setbacks for bungalows and increased setbacks for two
storey homes will provide area for swale installation and provide opportunity to look at
low impact development solutions. If someone wants to reduce setbacks or exceed lot
coverage, through Committee of Adjustment, in addition to the typical review related to
the four tests for a minor variance, there is ability to look at stormwater capacity and
what additional measures are needed to be incorporated into the proposal to
accommodate stormwater.
7.17 Through their comments, the Clarington Heritage Committee reiterated the priority of
heritage conservation for the Municipality. Part of their mandate is to evaluate properties
for the inclusion on the Municipal Register, this goes beyond individual buildings and
includes their setting, including streetscapes.
7.18 Engineering Services noted that the regulation of individual trees would be cumbersome
and would require significant resources to implement. Staff recommend this informatio n
be forwarded to the Operations Department so that it can be considered in the urban
forestry service review. Once it is determined how urban forestry is to be addressed
within the organizational review appropriate direction and consideration of this
recommendation can occur.
8. Modifications to Proposed Amendments
8.1 The proposed Official Plan Amendment contained in Attachment 1 has been modified
since it was presented at the Public Meeting. In addition, the modified amendment was
released for additional comments on April 22, 2020. Policies regarding the Liberty
Street Local Corridor are proposed to be included as exceptions rather than amending
the parent Local Corridor policies. The language of the amendment has been improved,
while the intention remains largely the same.
8.2 The Official Plan policies will assist in the assessment of development proposals to
intensify the Liberty Street Local Corridor while balancing competing policies. Clarity as
to the limits of the Liberty Street Local Corridor is provided.
8.3 Regarding apartments-in-house policies, the OPA speaks to including performance
standards in the Zoning By-law for entrances to ensure development is compatible with
the physical character of the established neighbourhoods.
8.4 A proposed policy introduces criteria for entrances to an apartment-in-house. Residents,
while supportive of apartment-in-house units, identified concern with the location of
second entrances. In some cases, dwellings with an apartment-in-house have the
appearance of having two or more primary entrances.
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8.5 The study did not recommend a regulation for entrances because of a concern of
potential conflict with the Ontario Building Code (O.B.C). Staff conducted additional
research to determine how other municipalities have regulated entrances. Further
discussion with Building Services staff has occurred. Based on the additional research
staff propose regulating entrances for apartment-in-house regardless of the submission
concerning placing aesthetics over rental units. The proposed regulation will not
hamper one’s ability to create an apartment -in-house.
8.6 Based on further review and feedback received from departments and the public, the
following adjustments have been made to the Proposed Zoning By-law Amendment
contained in Attachment 2, from the one presented at the January 2020 public meeting:
Simplified the language.
Added definitions of fixed grade and height of a dwelling. These definitions allow
height to be measured from the midpoint of the lot at the street line, rather than from
the lowest point of grade around the dwelling. This should help to control the
heights from the street, where character has the biggest impact, while considering
walk out conditions in the rear yard.
Provide a revised definition for Established Building Line. The current definition
considers lots within a block. Throughout the study area the number of lots within a
block varies. This additional definition sets the number of lots to consider when
calculating the average setback.
Added a definition for Soft Landscaping, which is referenced in the regulations for
landscape open space. It has been created to ensure half of a front yard will be
vegetated.
A minimum front yard setback for the dwelling is proposed for clarity as to where a
projection (e.g. porches, steps) is to be measured from. The maximum is proposed
to be within 2 metres of the established building line to address areas with shallow
front yards.
Exclude covered and unenclosed porches from lot coverage for up to 12 square
metres for an interior lot and 20 square metres for a corner lot . This has been added
to address comments regarding insufficient lot coverage and to encourage
construction of porches. Similar to the approach in newer residential zones this will
encourage front porches. Porches are a common feature to the study areas.
Reduce building heights to 8 metres (Study Area 1) and 8.5 metres (Study Areas 2
and 3) consistent with actual average heights in the neighbourhoods.
Rather than restrict the hardscaping as part of the landscape open space in the front
yard, the regulation now references soft landscaping which is a term used by other
municipalities and is clearly defined.
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Rather than regulate the outside width of the garage, the regulation has been
modified to regulate the width of the garage doors. This will provide flexibility on the
inside garage dimensions and framing of the garage. The size is proposed to be
capped at 3 metres maximum for a garage door and a combined width of all garage
doors at 6 metres. The regulation also proposed to limit garage doors based on lot
frontage. It is not common for properties in the study area to have multiple garages,
and that the residents who participated in the study stressed the importance of
limiting the prominence of garages.
Added a regulation for the height of the floor deck for an unenclosed porch
consistent with regulations used in newer residential zones. This regulation helps to
ensure front porches do not tower over the street but are built at a height that
provides a comfortable relationship to the sidewalk and street consistent with
existing homes in the neighbourhood.
Added a regulation for entrances for apartment-in-house to be located with a
common entrance with the principal dwelling in the front yard. If a separate entrance
is provided it must be in the side or rear yard. MHBC final recommendation report
indicated other municipalities have not regulated two front doors. However, staff
conducted additional research and determined that the location of apartment-in-
house entrances have been regulated by several municipalities.
Site-specific exception zones were added for two properties located at 112 Duke
Street and 10 Victoria Street as Council provided exemptions to Interim Control By-
law 2018-083.
9. Conclusion
9.1 In consideration of all agency, staff and public comments, it is respectfully
recommended that the Official Plan Amendment and Zoning By-law Amendment to
implement the Bowmanville Neighbourhood Character Study be approved. Further, it is
recommended that when the amendments are final and binding, staff be authorized to
bring forward a by-law to repeal Interim Control By-law 2018-083.
Staff Contact: Tracey Webster, Senior Planner, 905-623-3379 x 2415 or
twebster@clarington.net.
Attachments:
Attachment 1 – Proposed Official Plan Amendment
Attachment 2 – Proposed Zoning By-law Amendment
Interested Parties:
List of Interested Parties available from the Department.
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Attachment 1 to Report PSD-015-20
Amendment Number ______
To The Municipality of Clarington Official Plan
Purpose: To amend the Clarington Official Plan to add policies that address
the transition between established neighbourhoods and the Liberty
Street Corridor and to address entrances for accessory
apartments.
Basis: This amendment is based on application COPA2019-0002 initiated
by the Municipality of Clarington and recommendations in the
Bowmanville Neighbourhood Character Study prepared by
MacNaughton Hermsen Britton Clarkson Planning Limited
(MHBC).
Actual
Amendment: The Clarington Official Plan is amended as follows:
1. By adding a new Section 23.19.2 iii. as follows:
“The lands on the west side of Liberty Street, identified as part of
the Liberty Street Local Corridor shall function as a transitional area
to the established neighbourhoods to the west of Liberty Street.
Development on the west side of Liberty Street within the Local
Corridor will, address the following urban design policies in addition
to conforming to other policies of this document:
a) Development within the Liberty Street Local Corridor shall
not extend beyond the first established blocks west of Liberty
Street, formed by the existing street network.
b) Building heights shall not exceed a 45 degree angular plane
from any adjacent lot line to the west. This will minimize the
overlook of buildings over existing neighbourhoods;
c) Provide appropriate separation between development on the
west side of Liberty Street and existing neighbourhoods with
buffering through landscaping and tree planting; and
d) Provide below grade parking or screen surface parking
areas from direct view from the adjacent neighbourhood to
the west.”
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C:\Program Files\eSCRIBE\TEMP\16501679755\16501679755,,,Attachment 1 to Report PSD-015-20.docx
2. By adding a new subsection to Section 6.3.5 as follows:
“f) Where possible, the entrances to accessory apartments are
to be shared with the entrance to the principal
dwelling. Alternatively, the entrances to apartments shall be
accessed via the side yard or rear yard so as not to have two
building entrances visible from the street.
Implementation: The provisions set forth in the Municipality of Clarington Official
Plan, regarding the implementation of the Plan, shall apply in
regard to this Amendment.
Interpretation: The provisions set forth in the Municipality of Clarington Official
Plan, regarding the interpretation of the Plan, shall apply in regard
to this Amendment.
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Attachment 2 to Report PSD-015-20
Corporation of the Municipality of Clarington
By-law Number 20___-______
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Corporation of the Municipality of Clarington
Whereas the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of
Clarington for ZBA 2019-0019;
Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Section 12. Urban Residential Type One (R1) Zone is amended by adding a new
section 12.2.1 as follows:
“12.2.1 Neighbourhood Character Overlays 1 and 2
The following alternate regulations shall apply to the “Urban Residential Type One (R1)
Residential Zone” and all special exceptions to that zone located within the
Neighbourhood Character Overlays 1 and 2 identified on Schedule ‘3’:
a. For the purpose of Section 12.2.1, the term:
i) Height of Dwelling means the vertical distance, measured between the
lowest fixed grade, and
a) In the case of a flat roof, the highest point of the roof surface,
b) In the case of a mansard roof, the deck roof line, and
c) In the case of a gable, hip or gambrel roof, the average height
between the eaves and the ridge.
ii) Established building line means the average yard setback from the street
line to existing principal buildings on one side of the street measured a
minimum of four lots on either side of the lot within the same zone
category.
iii) Fixed grade means the elevation of the ground at the street line measured
at the midpoint of a lot.
iv) Soft landscaping means the portion of a lot comprised of any combination
of flowers, grass, shrubs, sod, trees or other horticultural elements that is
not covered with impervious surfaces. It does not include any buildings or
structures, any hard surface areas such as, but not limited to, driveways,
parking areas, decorative stonework, walkways, patios, screening or othe r
landscape architectural elements. Page 149
b. Yard Requirements
i) Front Yard and Exterior Side Yard
a) 6.0 metres minimum to the garage or carport
b) Minimum to the dwelling is the established building line
c) Maximum to the dwelling is 2.0 metres from the established
building line
ii) Interior Side Yard (minimum)
a) 3.0 metres on one side where there is no attached garage;
b) 1.2 metres for dwellings 1.5 storeys or less; and
c) 1.8 metres for dwellings greater than 1.5 storeys
c. Lot Coverage (maximum)
i) For dwellings 1.5 storeys or less 35 percent
ii) For dwellings greater than 1.5 storeys 30 percent
iii) A covered and unenclosed porch/balcony having no habitable
floor space above it is excluded from the maximum lot coverage subject to
the following:
a) In the case of an interior lot, the maximum total area of 12.0 square
metres is permitted within the front yard.
b) In the case of an exterior lot, the maximum total area of 20.0
square metres is permitted within the front yard and/or exterior side
yard.
d. Landscaped Open Space (minimum)
i) Overall 40 percent
ii) Front yard 50 percent, which must be
soft landscaping
e. Building Height (maximum) 8.0 metres in Overlay 1
8.5 metres in Overlay 2
f. Special Regulations
i) The maximum permitted width of a garage door is 3 metres and the
combined width of garage doors on an attached garage shall not exceed 6
metres and the following, whichever is less:
a) Where facing the exterior side lot line
for all dwellings 25 percent of the
exterior side lot line
b) Where facing the front lot line for single
detached dwellings 25 percent of the
front lot line
c) Where facing the front lot line for
semi-detached dwellings 35 percent of the
front lot line Page 150
ii) A garage or carport doors or openings shall be setback a minimum of 1.0
metres from the front or exterior side wall of the dwelling.
iii) Height of floor deck of an unenclosed porch above finished grade must not
exceed 1.0 metres.
iv) Entrances for an apartment-in-house can be in the front yard through a
common entrance with the principal dwelling. Where a separate entrance
is provided it must be in the side or rear yard.
g. Exceptions
i) Minimum front yard setback for a garage at 73 and 74 Lambs Lane is 9.8
metres.
ii) Maximum lot coverage for a single detached dwelling at 79 Division Street
is 43 percent.
iii) Notwithstanding 12.2.1 b. i) c., c.i), d. ii), and f. ii), 10 Victoria Street shall
be subject to the following zone regulations:
a. Front yard setback (maximum) 6.5 metres
b. Lot coverage (maximum) 43 percent
c. Front yard landscape open space (minimum) 35 percent
d. A garage door may not extend in front of the front wall of the
dwelling.
2. Section 26 is amended by adding a new section 26.8 as follows:
“26.8 Overlay Zones
In addition to the permitted uses and zoning regulations for each zone there are
Overlay Zones. Where applied the Overlay Zones are read together with the
zone regulations. In the event of conflict, the more restrictive regulation applies
except in the case of a special exception. The Overlay Zones are shown on the
Schedules to this By-law.”
3. Schedule ‘3’ to By-law 84-63, as amended, is hereby further amended by adding
the “Neighbourhood Character Overlay” as illustrated on the attached Schedule
‘A’ hereto.
4. Schedule ‘A’ attached hereto shall form part of this By-law.
5. This By-law shall come into effect on the date of the passing hereof, subject to
the provisions of Section 34 of the Planning Act.
By-Law passed in open session this _____ day of ____________, 20___
__________________________
Adrian Foster, Mayor
__________________________
C. Anne Greentree, Municipal Clerk Page 151
Page 152
Attachment 2a to Addendum to Report PSD-015-20
Corporation of the Municipality of Clarington
By-law Number 20___-______
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Corporation of the Municipality of Clarington and to repeal Interim Control By-
law 2018-083
Whereas on September 17, 2018, Council directed staff to undertake the Bowmanville
Neighbourhood Character Study for the areas identified in Attachment 1 of Report PSD-
078-18, and report back to Council on the results of the study;
Whereas on September 17, 2018 the Municipality passed Interim Control By-law 2018-
083 pursuant to section 38 of the Planning Act;
Whereas the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of
Clarington for ZBA 2019-0019 to implement the findings of the Bowmanville
Neighbourhood Character Study;
Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Section 12. Urban Residential Type One (R1) Zone is amended by adding a new
section 12.2.1 as follows:
“12.2.1 Neighbourhood Character Overlay
The following alternate regulations shall apply to the “Urban Residential Type One (R1)
Residential Zone” and all special exceptions to that zone located within the
Neighbourhood Character Overlay identified on Schedule ‘3’:
a. For the purpose of Section 12.2.1, the term:
i) Height of Dwelling means the vertical distance, measured between the
lowest fixed grade, and
Page 153
a) In the case of a flat roof, the highest point of the roof surface,
b) In the case of a mansard roof, the deck roof line, and
c) In the case of a gable, hip or gambrel roof, the average height
between the eaves and the ridge.
ii) Established building line means the average yard setback from the street
line to existing principal buildings on one side of the street measured a
minimum of four lots on either side of the lot within the same zone
category.
iii) Fixed grade means the elevation of the ground at the front lot line
measured at the midpoint of a lot.
iv) Soft landscaping means the portion of a lot comprised of any combination
of flowers, grass, shrubs, sod, trees or other horticultural elements that is
not covered with impervious surfaces. It does not include any buildings or
structures, any hard surface areas such as, but not limited to, driveways,
parking areas, decorative stonework, walkways, patios, screening or other
landscape architectural elements.
b. Yard Requirements
i) Front Yard and Exterior Side Yard
a) 6.0 metres minimum to the garage or carport
b) Minimum to the dwelling is the established building line
c) Maximum to the dwelling is 2.0 metres from the established
building line
ii) Interior Side Yard (minimum)
a) 3.0 metres on one side where there is no attached garage;
b) 1.2 metres for dwellings 1.5 storeys or less; and
c) 1.8 metres for dwellings greater than 1.5 storeys
c. Lot Coverage (maximum)
i) Single detached dwelling
a) With a lot area less than 650 square metres 35 percent
b) With a lot area between 650 square metres 30 percent
and 799 square metres
c) With a lot area over 800 square metres 25 percent
ii) Semi-detached and duplex dwelling
a) For dwellings 1.5 storeys or less 35 percent
b) For dwellings greater than 1.5 storeys 30 percent
iii) Unenclosed porch/balcony and accessory additional 5 percent
buildings and structures
Page 154
iv) An area of a covered and unenclosed porch/balcony having no habitable
floor space above it is excluded from the maximum lot coverage subject to
the following:
a) In the case of an interior lot, up to a maximum total area of 12.0
square metres is permitted within the front yard.
b) In the case of an exterior lot, up to a maximum total area of 20.0
square metres is permitted within the front yard and/or exterior side
yard.
d. Landscaped Open Space (minimum)
i) Overall 40 percent
ii) Front yard 50 percent, which must be
soft landscaping
e. Height of a dwelling (maximum)
i) Flat roof 7.5 metres
ii) All other roof types 8.5 metres
g. Special Regulations
i) The combined maximum permitted width of garage door(s)on an attached
garage:
a) Where facing the exterior side lot line
for all dwellings 6 metres
b) Where facing the front lot line that is
less than 15 metres 3 metres
c) Where facing the front lot line that is
15 metres or greater 6 metres
ii) A garage door(s) or carport opening(s) shall be setback a minimum of 1.0
metres from the front or exterior side wall of the dwelling.
iii) Height of floor deck of an unenclosed porch above finished grade must not
exceed 1.0 metres.
iv) Entrances for an apartment-in-house can be found in the front building
facade through a common entrance with the principal dwelling. Where a
separate entrance is provided it must be in the side or rear yard.
h. Exceptions
i) Minimum front yard setback for a garage at 73 and 74 Lambs Lane is 9.8
metres.
ii) Notwithstanding 12.2.1 b. i) c., c.i), d. ii), and f. ii), 10 Victoria Street shall
be subject to the following zone regulations:
Page 155
a. Front yard setback (maximum) 6.5 metres
b. Lot coverage (maximum) 43 percent
c. Front yard landscape open space (minimum) 35 percent
d. A garage door(s) may not extend in front of the front wall of the
dwelling.
2. Section 26 is amended by adding a new section 26.8 as follows:
“26.8 Overlay Zones
In addition to the permitted uses and zoning regulations for each zone there are
Overlay Zones. Where applied the Overlay Zones are read together with the
zone regulations. In the event of conflict, the more restrictive regulation applies
except in the case of a special exception. The Overlay Zones are shown on the
Schedules to this By-law.”
3. Schedule ‘3’ to By-law 84-63, as amended, is hereby further amended by adding
the “Neighbourhood Character Overlay” as illustrated on the attached Schedule
‘A’ hereto.
4. Schedule ‘A’ attached hereto shall form part of this By-law.
5. Interim Control By-law 2018-083 is repealed on the date this By-law is deemed to
come into force pursuant to the Planning Act.
6. This By-law shall come into effect on the date of the passing hereof, subject to
the provisions of Sections 34 and 38 of the Planning Act.
By-Law passed in open session this _____ day of ____________, 20___
__________________________
Adrian Foster, Mayor
__________________________
C. Anne Greentree, Municipal Clerk
Page 156
Attachment 2b to Addendum to Report PSD-015-20
Corporation of the Municipality of Clarington
By-law Number 20___-______
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Corporation of the Municipality of Clarington and to repeal Interim Control By-
law 2018-083
Whereas on September 17, 2018, Council directed staff to undertake the Bowmanville
Neighbourhood Character Study for the areas identified in Attachment 1 of Report PSD-
078-18, and report back to Council on the results of the study;
Whereas on September 17, 2018 the Municipality passed Interim Control By-law 2018-
083 pursuant to section 38 of the Planning Act;
Whereas the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of
Clarington for ZBA 2019-0019 to implement the findings of the Bowmanville
Neighbourhood Character Study;
Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Section 12. Urban Residential Type One (R1) Zone is amended by adding a new
section 12.2.1 as follows:
“12.2.1 Neighbourhood Character Overlay
The following alternate regulations shall apply to the “Urban Residential Type One (R1)
Residential Zone” and all special exceptions to that zone located within the
Neighbourhood Character Overlay identified on Schedule ‘3’:
a. For the purpose of Section 12.2.1, the term:
Page 157
i) Height of Dwelling means the vertical distance, measured between the
lowest fixed grade, and
a) In the case of a flat roof, the highest point of the roof surface,
b) In the case of a mansard roof, the deck roof line, and
c) In the case of a gable, hip or gambrel roof, the average height
between the eaves and the ridge.
ii) Established building line means the average yard setback from the street
line to existing principal buildings on one side of the street measured a
minimum of four lots on either side of the lot within the same zone
category.
iii) Fixed grade means the elevation of the ground at the front lot line
measured at the midpoint of a lot.
iv) Soft landscaping means the portion of a lot comprised of any combination
of flowers, grass, shrubs, sod, trees or other horticultural elements that is
not covered with impervious surfaces. It does not include any buildings or
structures, any hard surface areas such as, but not limited to, driveways,
parking areas, decorative stonework, walkways, patios, screening or other
landscape architectural elements.
b. Yard Requirements
i) Front Yard and Exterior Side Yard
a) 6.0 metres minimum to the garage or carport
b) Minimum to the dwelling is the established building line
c) Maximum to the dwelling is 2.0 metres from the established
building line
ii) Interior Side Yard (minimum)
a) 3.0 metres on one side where there is no attached garage;
b) 1.2 metres for dwellings 1.5 storeys or less; and
c) 1.8 metres for dwellings greater than 1.5 storeys
c. Lot Coverage (maximum)
i) Single detached dwelling
a) With a lot area less than 650 square metres 35 percent
b) With a lot area between 650 square metres 30 percent
and 799 square metres
c) With a lot area over 800 square metres 25 percent
ii) Semi-detached and duplex dwelling
a) For dwellings 1.5 storeys or less 35 percent
b) For dwellings greater than 1.5 storeys 30 percent
Page 158
iii) Unenclosed porch/balcony and accessory additional 5 percent
buildings and structures
iv) An area of a covered and unenclosed porch/balcony having no habitable
floor space above it is excluded from the maximum lot coverage subject to
the following:
a) In the case of an interior lot, up to a maximum total area of 12.0
square metres is permitted within the front yard.
b) In the case of an exterior lot, up to a maximum total area of 20.0
square metres is permitted within the front yard and/or exterior side
yard.
d. Landscaped Open Space (minimum)
i) Overall 40 percent
ii) Front yard 50 percent, which must be
soft landscaping
e. Height of a dwelling (maximum)
i) Flat roof 7.5 metres
ii) All other roof types 8.5 metres
g. Special Regulations
i) The combined maximum permitted width of garage door(s) on an attached
garage:
a) Where facing the exterior side lot line
for all dwellings 6 metres
b) Where facing the front lot line that is
less than 15 metres 3 metres
c) Where facing the front lot line that is
15 metres or greater 6 metres
ii) A garage door(s) or carport opening(s) shall be setback a minimum of 1.0
metres from the front or exterior side wall of the dwelling.
iii) Height of floor deck of an unenclosed porch above finished grade must not
exceed 1.0 metres.
iv) Entrances for an apartment-in-house can be found in the front building
facade through a common entrance with the principal dwelling. Where a
separate entrance is provided it must be in the side or rear yard.
h. Exceptions
Page 159
i) Minimum front yard setback for a garage at 73 and 74 Lambs Lane is 9.8
metres.
ii) Notwithstanding 12.2.1 b. i) c., c.i), d. ii), and f. ii), 10 Victoria Street shall
be subject to the following zone regulations:
a. Front yard setback (maximum) 6.5 metres
b. Lot coverage (maximum) 43 percent
c. Front yard landscape open space (minimum) 35 percent
d. A garage door may not extend in front of the front wall of the
dwelling.
iii) Notwithstanding 12.2.1 e. ii) the maximum height of a dwelling at 64 Prospect
Street that does not have a flat roof is 9 metres.
2. Section 26 is amended by adding a new section 26.8 as follows:
“26.8 Overlay Zones
In addition to the permitted uses and zoning regulations for each zone there are
Overlay Zones. Where applied the Overlay Zones are read together with the
zone regulations. In the event of conflict, the more restrictive regulation applies
except in the case of a special exception. The Overlay Zones are shown on the
Schedules to this By-law.”
3. Schedule ‘3’ to By-law 84-63, as amended, is hereby further amended by adding
the “Neighbourhood Character Overlay” as illustrated on the attached Schedule
‘A’ hereto.
4. Schedule ‘A’ attached hereto shall form part of this By-law.
5. Interim Control By-law 2018-083 is repealed on the date this By-law is deemed to
come into force pursuant to the Planning Act.
6. This By-law shall come into effect on the date of the passing hereof, subject to
the provisions of Sections 34 and 38 of the Planning Act.
By-Law passed in open session this _____ day of ____________, 20___
__________________________
Adrian Foster, Mayor
__________________________
C. Anne Greentree, Municipal Clerk
Page 160
Staff Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: Council
Date of Meeting: July 6, 2020 Report Number: Addendum to EGD-011-20
Submitted By: Ron Albright, Acting Director of Engineering Services
Reviewed By: Andrew C. Allison, CAO Resolution#:
File Number: RC.C.02.30 By-law Number:
Report Subject: Proposal to Close and Convey a Portion of a Road Allowance (Given
Road) Situated in Lot 30, Concession 2, Former Township of Clarke,
Addendum to Report EGD-011-20
Recommendations:
1. That Report EGD-011-20 and Addendum to Report EGD-011-20 be received;
2. That Part 1 on Plan 40R-30883 be declared surplus, closed and conveyed to Tornat
Newcastle Limited for the appraised value;
3. That Parts 2, 3, 4, 6, 10 and 12 on Plan 40R-30883 be declared surplus, closed and
conveyed to Lindvest Property (Clarington South) Limited for the appraised value;
4. That paragraph 3 be conditional on the gratuitous dedication of Part 11 on Plan 40R-
30883 to the Municipality;
5. That paragraphs 2 and 3 be conditional on payment by the applicants of all
applicable costs and fees for the preparation and registration of the transfers,
including HST;
6. That the Mayor and the Municipal Clerk be authorized to enact the by-law included
as Attachment 2 to Addendum to Report EGD-011-20 upon confirmation to the
Municipality that the electrical power lines situated within the Given Road allowance
have been successfully relocated to the satisfaction of Elexicon Energy Inc.; and
7. That all interested parties listed in Addendum to Report EGD-011-20 and any
delegations be advised of Council’s decision.
Page 161
Municipality of Clarington Page 2
Addendum to EGD-011-20
1. Background
1.1 On July 2, 2019, Council passed Resolution #GG-401-19 to provisionally approve the
closure and conveyance of certain parts of Given Road and McDonald Crescent in
Newcastle.
1.2 As indicated in Report EGD-12-19, the Director of Engineering Services has reviewed
the application and has determined that the road segments are not required for
Municipal purposes.
1.3 The applicants have paid the application fee of $500 and have provided reference plan
40R-30883 found at Attachment 1. The applicants have also provided the Municipality
with an appraisal. The application has been circulated to all appropriate parties and
agencies. The only issue of concern is that Elexicon Energy Inc. has required the
relocation of power lines currently situated on the Given Road allowance. It was
anticipated that the power lines would be relocated to King St. earlier this spring,
however the work has now been deferred until 2021 in par t due to work stoppage
related to the COVID emergency.
1.4 The applicants have paid for and deposited reference plan 40R -30883, and have
agreed to compensate the Municipality for the appraised value of the land .
2. Value
2.1 The applicants provided the Municipality with a land appraisal completed in November
2018. The appraised value will be circulated to Council in a confidential memorandum to
accompany this report.
Report Overview
This is an addendum to report EDG-011-20 that was referred to the June 22, 2020 General
Government Committee meeting. During the Committee meeting, an error was noted in the
legal description of the proposed transfer. Additional information has also come to light
regarding the relocation of power lines currently situated on the Given Road allowance .
It is recommended that portions of Given Road and McDonald Crescent in Newcastle be
declared surplus, closed and conveyed to the adjacent property owners for fair market value.
The subject portions are required by Tornat Newcastle Limited (“Tornat”) and Lindvest
Property (Clarington South) Limited (“Lindvest”) to facilitate their development proposals.
Page 162
Municipality of Clarington Page 3
Addendum to EGD-011-20
3. Road Closure
3.1 Subsection 34(1) of the Municipal Act, 2001 provides that “a by-law permanently closing
a highway does not take effect until a certified copy of the by-law is registered in the
proper land registry office”. It is proposed that the draft road closure by-law found at
Attachment 2 be enacted to come into force and take effect upon confirmation t o the
Municipality that the power lines on Given Road have been relocated to the satisfaction
of Elexicon Energy Inc. On receipt of that confirmation, the Municipal Solicitor will
deposit the by-law to the land registry office for registration.
4. Concurrence
This report has been reviewed by the Municipal Solicitor who concurs with the
recommendations.
5. Conclusion
It is respectfully recommended that Council close and convey the surplus road
allowance for the appraised value plus applicable costs and approve the draft By-law.
Staff Contact: Karen Richardson, Development Manager, 905-623-3379 x2327 or
krichardson@clarington.net.
Attachments:
Attachment 1 – Reference Plan 40R-30883
Attachment 2 – By-law 2020-XX
Interested Parties:
The following interested parties will be notified of Council's decision:
D.G. Biddle & Associates Limited
Lindvest Property (Clarington South) Limited
Tornat Newcastle Limited
Page 163
Attachment 1 to Addendum to EGD-011-20
Page 164
Attachment 2 to Addendum to EGD-011-20
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Accessibility Co-ordinator at 905-623-3379 Ext. 2131
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2020-XXX
Being a by-law for closure and conveyance of road allowances
WHEREAS the Council of The Corporation of the Municipality of Clarington has
approved the recommendations of Report EGD-011-20;
NOW THEREFORE the Council of the Corporation of the Municipality of
Clarington hereby enacts as follows:
1. That part of the road allowance of Given Road described as Part of Lot
30, Con 2, being Part 1 on Plan 40R-30883, (in the former Township of
Clarke), now in the Municipality of Clarington, is hereby closed;
2. That part of the road allowance of Given Road described as Part of
Lot 30, Con 2, being Parts 2, 3, 4, 6 and 10 on Plan 40R-30883, and
Part of the road allowance of MacDonald Crescent described as Part 12
on Plan 40R-30883 (in the former Township of Clarke), now in
the Municipality of Clarington, are hereby closed; and
3. That the Municipal Solicitor be authorized to take all action necessary to
effect the transfer of the property described in sections 1 and 2 as
provided in Report EGD-011-20.
4. Passed in Open Council this day of July, 2020.
Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk
Page 165
Memo
Page | 1
The Corporation of the Municipality of Clarington
40 Temperance Street, Bowmanville ON L1C 3A6 | 905-623-3379
If this information is required in an alternate format, please contact the Accessibility
Co-ordinator at 905-623-3379 ext. 2131
During the June 22, 2020 General Government Committee meeting, Council passed
resolution #GG-242-20 directing staff to report back at the Council Meeting of July 6,
2020 with recommendations for traffic calming and speed reduction measures on
Darlington Boulevard in Courtice from Foxhunt Trail to Regional Highway 2 (Hwy. 2) in
its existing condition.
Darlington Boulevard is presently a narrow rural road (approx. 5.5 to less than 6.0m
width) with gravel shoulders and an existing pavement surface in fair condition. The
road is consistently fronted by residential driveway entrances along its entire length with
high frequency commercial entrances (LCBO, gas bar/Tim Horton’s) immediately south
of Hwy 2.
Radar message boards were deployed in Spring 2020 to review speed and volume
impacts caused by the development of the commercial properties and local traffic.
Speeds were shown to be in compliance with averages in the low to mid-40s and an
85th percentile speed (the speed at which 85% of vehicles travel at or under) of 52km/h.
This is a notable decline from the previously undertaken radar message board
deployment in Spring 2016 where average speeds were shown to be in compliance with
averages in the mid to high-40s and an 85th percentile speed of 56km/h.
It is recognized that, although speeds are generally in compliance, the narrow road
corridor and shoulders are of concern to residents and pedestrians along this road as
no off-road facility exists for pedestrians. With that in mind, and referencing the 2017
Neighbourhood Traffic Study prepared by Paradigm Transportation Solutions Ltd. for
this neighbourhood, staff have reviewed the road corridor for potential traffic calming
measures that could be deployed. Should members of Council wish to review the
Traffic Study a copy has been provided here.
With the above constraints in mind, staff evaluated the potential temporary traffic
calming measures readily available including flexible bollards, speed cushions, bump
outs or chokers, medians and speed tables.
To: Mayor and Members of Council
From: Ron Albright, Acting Director, Engineering Services
Date: July 6, 2020
Subject: Darlington Boulevard – Courtice – Potential Traffic Calming Measures
File: CRC.Darlington Blvd.
Page 166
Memo
Page | 2
The Corporation of the Municipality of Clarington
40 Temperance Street, Bowmanville ON L1C 3A6 | 905-623-3379
Due to the narrow pavement width and narrow singular lane width, flexible bollards in a
typical arrangement of one central wider bollard and two narrower edge of lane bollard
markers would significantly constrain the navigable gap for vehicles and is below the
recommendations of spacing deployment for motorist comfort and ability. Alternatively,
a singular row of frequent centerline bollards may be better suited, however maintaining
full movement of residential accesses must be maintained along the road corridor so
deployment locations may be limited. Additionally, the location of such a measure must
be appropriately placed such that vehicles are not influenced to utilize the road
shoulder, that is presently lower than the road surface, and be put in an unsafe
condition where the pavement elevation difference makes rejoining the road difficult or
causes the vehicle to travel within pedestrian walking routes. As this will be temporary,
staff could consider using two to three flexible bollard centre installations with additional
measures placed in the shoulder area spaced evenly along the corridor between
Foxhunt Trail and the south commercial entrance on Darlington Blvd.
As is recommended in the Traffic Study, the most appropriate traffic calming measure
for the existing roadway is the deployment of speed cushions which are less reliant on
existing pavement width and are adjustable. Staff recently undertook a temporary
speed cushion deployment on Old Scugog Road in Enniskillen as a pilot deployment
with success, however, as this was a pilot initiative, most of the speed cushion materials
were utilized at this location.
Darlington Boulevard is approximately 600m in length from Foxhunt Trail to the
commercial entrances and any traffic calming deployment must be consistent and
regular along the road corridor to be effective. Engineering Services presently has
limited availability of spare traffic calming measure inventory and any expected
procurement of additional materials, such as additional speed cushions, is expected to
take 1-2 months due to manufacturer supply constraints and interruptions caused by the
COVID-19 pandemic. Additionally, any installed traffic calming measures typically
deployed by Staff are temporary in nature requiring the removal by mid-October to allow
for winter maintenance operations. For these reasons staff are recommending the
temporary traffic calming approach of centreline flexible bollards and shoulder treatment
as noted above.
Darlington Boulevard is slated for reconstruction in 2021 (pending budget approval)
which will see a reconstructed roadway potentially comprised of rural/urban roadwa y
with widths to current standards, a separated pedestrian facility and dedicated cycling
lanes. It is recognized that the enhancement of this road by widening the traveled
roadway and providing a newly paved condition may encourage higher speeds. As
such, implementation of permanent traffic calming features is intended for this road
where feasible and will be considered during the detailed design and provided to the
public this fall. Staff will also be looking at traffic cut through mitigative measures which
Page 167
Memo
Page | 3
The Corporation of the Municipality of Clarington
40 Temperance Street, Bowmanville ON L1C 3A6 | 905-623-3379
will be presented to area residents, most likely virtually, to garner public feedback as
there will be impacts to local traffic patterns which will vary depending on the approach
taken to address this.
Staff will be considering 40 km/hr speed zones/areas throughout the Municipality this
fall and will add Darlington Boulevard as part of the overall review. Staff will monitor the
effectiveness of traffic calming measures on reducing speeds to assist with detailed
design of the street and determination of speed limit changes.
Should you have any questions or need further information, please don’t hesitate to
contact me.
Regards,
Ron Albright, P. Eng.
Acting Director, Engineering Services
cc: Robert Brezina, Capital Works Engineer
Page 168
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Co-ordinator at 905-623-3379 ext. 2131
The Corporation of the Municipality of Clarington
By-law 2020-043
Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the
Corporation of the Municipality of Clarington
Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to
amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington to permit
the development of 32 single detached units on the subject lands (ZBA 2013-0003);
Now Therefore Be It Resolved That the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Schedule “3” (Bowmanville)” to By-law 84-63, as amended, is hereby further amended
by changing the zone designation from:
“Holding – Urban Residential Exception ((H)R2-66) Zone” to “Urban Residential
Exception (R2-66) Zone”
as illustrated on the attached Schedule “A” hereto.
2. Schedule “A” attached hereto shall form part of the By-law.
3. This By-law shall come into effect on the date of passing hereof, subject to the
provisions of Sections 34 and 36 of the Planning Act.
Passed in Open Council this 6th day of July, 2020
_____________________________________
Adrian Foster, Mayor
_____________________________________
Anne Greentree, Municipal Clerk
Page 169
043 6th July
Page 170
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Coordinator at 905-623-3379 ext. 2131.
The Corporation of the Municipality of Clarington
By-law 2020-052
Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the
Corporation of the Municipality of Clarington
Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to
amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington to permit
the development of 5 single detached dwellings on the subject lands. (ZBA 2017-0027)
Now Therefore Be It Resolved That the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Schedule “3” (Bowmanville)” to By-law 84-63, as amended, is hereby further amended
by changing the zone designation from:
“Holding – Urban Residential Exception ((H)R2-54) Zone” to “Urban Residential
Exception (R2-54) Zone”
as illustrated on the attached Schedule “A” hereto.
2. Schedule “A” attached hereto shall form part of the By-law.
3. This By-law shall come into effect on the date of passing hereof, subject to the
provisions of Sections 34 and 36 of the Planning Act.
Passed in Open Council this 6th day of July, 2020.
_____________________________________
Adrian Foster, Mayor
_____________________________________
C. Anne Greentree, Municipal Clerk
Page 171
052 6th July
Page 172
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Coordinator at 905-623-3379 ext. 2131.
The Corporation of the Municipality of Clarington
By-law 2020-053
Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the
Corporation of the Municipality of Clarington
Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to
amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington to permit
the development of 16 townhouse dwellings on the subject lands ZBA2017-0024
Now Therefore Be It Resolved That the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Schedule “3” (Bowmanville)” to By-law 84-63, as amended, is hereby further amended
by changing the zone designation from:
“Holding – Urban Residential ((H)R3-31) Zone” to “Urban Residential (R3-31) Zone”
as illustrated on the attached Schedule “A” hereto.
2. Schedule “A” attached hereto shall form part of the By-law.
3. This By-law shall come into effect on the date of passing hereof, subject to the
provisions of Sections 34 and 36 of the Planning Act.
Passed in Open Council this 6th day of July, 2020.
_____________________________________
Adrian Foster, Mayor
_____________________________________
C. Anne Greentree, Municipal Clerk
Page 173
053 6th July
Page 174
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Coordinator at 905-623-3379 ext. 2131.
The Corporation of the Municipality of Clarington
By-law 2020-054
Being a By-law to exempt a certain portion of Registered Plan 40M-2614 from
Part Lot Control
Whereas the Council of the Corporation of the Municipality of Clarington deems it
advisable to exempt from Part Lot Control, Blocks 1 and 2, in Plan 40M-2614 registered
at the Land Titles Division of Whitby (File ZBA2020-0007);
Now Therefore Be It Resolved That the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. That Subsection 5 of Section 50 of the Planning Act shall not apply to those lands
described in Paragraph 2 within the By-law.
2. That this By-law shall come into effect upon being approved by the Municipa lity of
Clarington and thereafter Subsection 5 of Section 50 shall cease to apply to Blocks
1 and 2
3. Pursuant to Subsection 7.3 of Section 50 of the Planning Act, this By-law shall be
in force for a period of three (3) years ending on July 7, 2023.
Passed in Open Council this 6th day of July, 2020.
_____________________________________
Adrian Foster, Mayor
_____________________________________
C. Anne Greentree, Municipal Clerk
Page 175
MUNICIPALITY OF CLARINGTON
COUNCIL
RESOLUTION #_________________
DATE July 6, 2020
MOVED BY___ Councillor Zwart
SECONDED BY
Whereas the Region of Durham has been systematically repaving regional roads for the
last few years;
And whereas they have been painting lines on the road surface to mark the centre line
and to delineate a narrow bike lane on the shoulder side;
And whereas the pavement being used is too thin to withstand the heavier weight of
large vehicles, including farm machinery, and they usually take the whole width from the
centre of the road to the shoulder;
And whereas the edges of the pavement on recently repaved regional roads are
crumbling and breaking away thereby effectively removing the small narrow bike lane;
And whereas this crumbling edge makes it difficult to grade any shoulder that may be
there causing them to become eroded and too rough to travel on;
And whereas the crumbling roadway shoulders are forcing cyclists to ride on the main
portion of the road causing automobiles and farm equipment to cross over the centre
line to avoid the cyclists thereby creating a hazardous situation especially if oncoming
traffic is heavy;
And whereas the best examples of the above situation are the Newtonville Rd and
Durham 42;
Now therefore be it resolved that the Municipality of Clarington Staff be directed to bring
this dangerous situation to the attention of the Region of Durham Works Department to
upgrade the quality of any future paving projects and repair any deterioration of current
roads to allow for the safe transit of cyclists and motorists and operation of large
vehicles and farm equipment as they share the roads; and
That a copy of this resolution be forwarded to the Region of Durham.
Page 176
Presentations
and
Handouts
Calling For An End To
Whistle Noise Pollution
In Wilmot Creek
Report to Clarington Municipal Council calling for a “Train Whistle Cessation Bylaw”
covering the Bennett Road and Cobbledick Road CN Rail crossings.
Submitted by
Wilmot Creek Homeowners Association, 1 Wheelhouse Drive, Newcastle, ON. L1B 1B9
Situation in Wilmot Creek (Pre COVID 19)
•Average of 28 VIA trains + 10 freight trains per
day
•Each blow whistles four times at Bennett Rd.
and Cobbledick Rd. crossings
•Adds up to over 300 whistle blasts per day
Locations Where We Measured Whistle Blasts
The two whistle zones are shown with red lines; Sites where decibel readings were taken:
1. Cobbledick Rd. crossing, 2. Bennett Rd. crossing, 3. 12 Park Place Lane,
4. 206 Wilmot Trail, 5. 234 Wilmot Trail, 6. 42 Heatherlea Drive.
Decibel Readings at Wilmot Creek
Location Time Train Distance Decibel Readings
1. Cobbledick Rd. crossing Nov. 16 Via westbound 30 m 97 db
2.Bennett Rd. crossing Nov. 17 Freight westbound 30 m 97 db
3.12 Park Place Lane Nov. 16 Via westbound 233 m 89 db
4. 206 Wilmot Trail Nov. 17 Via eastbound 240 m 87 db
5.234 Wilmot Trail Nov. 23 Via eastbound 466 m 80 db
6. 42 Heatherlea Drive,
(behind berm)
Nov. 23 Via westbound 53 m 84 db
What it Sounds Like To Us -Outdoors
Noise Source Sound Level (decibels)
Whistle readings at Wilmot
Creek 80 - 97 db
Jet taking off at 600 m 100 db
Electric lawn mower at 1 metre 80 - 90 db
Hedge clippers at 1 metre 85 db
Canadian Transportation Agency
What it Sounds Like To Us -Indoors
Noise Source Sound Level (decibels)
Train Whistles Readings
(EPA equivalent levels at night in Wilmot)
75-84 db (windows open)
63-72 db (windows closed)
Loud singing at 1 metre 75 db
Sewing machine at 1 metre 70-74 db
Passenger car 60 km/h at 20 metres 65 db
Hair dryer at 1 metre 58-64 db
Canadian Transportation Agency
Increasing Rail Traffic
CBC.ca
April 15, 2016
VIA is promising to
triple the number
of trains from the
current 28 trains
per day
Noise Pollution Total
•CN freight traffic is also on the increase
•CN freight carloads increased by 12% between 2011
and 2015 (CN’s “Carloads by AAR Commodity Groupings” data)
•In the future, with VIA’s triple expansion the grand
total will be at least…
Avg. 28 VIA trains x 3 = 84
+ Avg. 10 CN freight trains
= 94 trains per day x 8 whistles
= 752 daily whistle blasts
Whistle Cessation in Other Communities
Clarington is in the minority
•2/3 of Ontarians live where routine train whistles are
banned…
•Windsor, Sarnia, Oakville, Toronto, Pickering, Oshawa,
Cobourg, Sudbury, London, Ottawa, Hamilton…
•and most major cities in Canada
Rail Crossing Safety and Whistles
Whistle Cessation does not mean a total ban on whistles…
•It ends routine whistle blowing at every crossing
•Engineer shall always blow the whistle for a potential
emergency to alert vehicles or pedestrians
•Since 1994 many major Canadian cities have instituted
whistle cessation
•In the same period, rail crossing safety has improved
dramatically
Accidents Down After Whistle Bans
Year 1994 2004 2014
Accidents 391 237 185
Fatalities 54 25 21
Serious Injuries 64 50 29
Accidents, fatalities & serious injuries are all less than half the
numbers than before whistle bans enacted (possibly due to the
installation of improved safety measures at the crossings).
Transportation Safety Board of Canada statistics http://operationlifesaver.ca/facts-and-stats/statistics/
From the Canada Transport Study…
“… It was argued that much of this whistling is a result of
an attitude rooted in railway culture and tradition and is
today both unnecessary and ineffective. It was suggested
that a better approach might be to treat train whistling the
same way as a car horn, using it only when necessary to
give adequate warning.”
Summary Report -Consultations Regarding the Development of the Railway-Roadway Grade
Crossings Regulations 8/10/2012
Our Two Crossings…
Not in the top 500 Crossings by Risk
•In 2014 Transport Canada listed the 500 riskiest
level crossings in Canada
•Based on traffic volumes, vehicle speeds, train
speeds, sightlines, number of tracks and
warning devices present
•Neither Bennett Road crossing or Cobbledick
Road crossing appears on the list
Top-risk-500-crossings, Transport Canada 2014
Most Drivers Do Not Notice Whistles
•Drivers usually have their windows closed
•Often a radio or other sound system is on
•External noise has been largely engineered out of
modern cars
•Train whistles are not noticed by drivers
“.… It has been documented that a train's whistle … has been
measured at higher decibel levels within the homes of nearby
residents than within the cab of a vehicle sitting at the grade
crossing.” https://en.wikipedia.org/wiki/Train_whistle
Train Whistles and Rice Development Homes
Red lines along the tracks indicate where whistles are blown. White area is
where homes will be built with distances from 280 -700 metres from whistles,
with the average being 400 metres.
Train Whistles and Lakebreeze Homes
Red lines along the tracks indicate where whistles are blown. White areas are
where homes will be built. Whistle blast effect will be severe throughout East Village.
Whistle Bans Improve Everyone’s Quality of Life
•Whistle noise pollution is a quality of life issue.
In their extensive study of crossing regulations in 2012, a
federal panel pointed out the following:
“…train whistling is seen to be very disruptive. It was
suggested that frequent train whistling can have
adverse health impacts on nearby residents primarily
due to sleep interruption/deprivation.”
From the Summary Report -Consultations Regarding the Development of the Railway-
Roadway Grade Crossings Regulations 8/10/2012
Conclusion
The following explains the 19th century origins of train
whistle procedures:
•“The pattern of two long blasts, one short, followed by
another long harkens back to the days of morse code, in
which it designated the letter “Q”. It dates back to another era
when the Queen of England would come on board ships in the
harbour. The ships would blast their horns with the morse
code for “Q” to let other ships know the Queen was on board,
and to yield right of way.
Trains then adopted this signal pattern, and what once
was the announcement of royalty is now simply the
herald of sleep disruption and misery for many, and a
flash point for where a safety device crosses over into a
public health hazard.
“…The use of 90 decibel train whistles to protect
crossings can simply become a late-night auditory
assault on the local community. It is further ineffective
and outmoded that only a fraction of those hearing the
whistle are actually those attempting to use the
crossing. The majority haven’t been warned –they’ve
been woken.”
https://railandreason.com/resources/
•I hope that my presentation answers any questions
or concerns that Council may have about Train
Whistle Cessation and remind Council that when we
came before you with this presentation in 2017 it
came with several hundred seniors who packed the
Municipal building and included a petition with over
1000 signatures from Wilmot Creek residents who
supported this initiative and that was easily 9 out of
every 10 residents that we had approached before
Capreit stopped us from going door to door.
•I would ask Council to continue moving forward
towards a Train Whistle Cessation By-Law and thank
all of you for your time.