On July 2, 2019, Clarington Council ratified the following resolutions, moved by Councillor Joe Neal and seconded by Councillor Corinna Trail.
That, as part of the Zone Clarington exercise, Staff be directed to report back on a process whereby Official Plan amendments made to correct errors in Environmental Protection designations in Clarington’s Official Plan be made at no cost to the property owner.
That Clarington Staff report back on whether the proposed zoning by-law is ultra fires the Oak Ridges Moraine Act and the Oak Ridges Moraine Conservation Plan, as it pertains to “agricultural uses” within Natural Core and Natural Link Areas of the Oak Ridges Moraine;
That Clarington Staff report back, in general, on whether setbacks were added to properties proposed to be re-zoned to Environmental Protection, and if so, what justification Staff have for such expansion of the setbacks;
That Clarington Staff afford any owners of a property affected by the proposed zoning changes the opportunity to have their properties inspected to verify any Environmental Protection features;
That every landowner materially affected by the Zoning By-Law Amendments be notified of the proposed change in zoning in writing where there is an expansion of EP lands, and be invited to provide input, either through a representative or personally, regarding the proposed re-designation;
That the Municipality Solicitor report to Council with a report outlining legal ramifications of not conforming to the Official Plan; and
All interested parties and any delegations be advised of Council’s decision.
This resolution will be discussed and the Planning Department will be responding to it at the Planning and Development Committee Meeting on September 30, 2019.
On September 9, 2019, the following 2 motions were presented. The first was made by Councillor Joe Neal and seconded by Councillor Margaret Zwart reads as follows:
That staff be directed to delete the Environmental Review Area (90 metres) and Minimum Vegetation Protections Zone (30 metres) from the draft zoning by-law amendment.
The second motion made by Councillor Joe Neal and seconded by Councillor Corinna Trail reads as follows:
Whereas a draft zoning by-law for the rural portions of the Municipality of Clarington was released in November 2018 for comment; and
Whereas there has been much concern with respect to the zoning of Environmental Protection (EP) Areas in the draft zoning by-law; and
Whereas the Provincial Policy Statement (PPS) has been issued for review and comment; and
Whereas the proposed East Gwillimbury Zoning By-law has been appealed to the Local Planning Appeal Tribunal (LPAT); and
Whereas Bill 108 proposes to amend the Conservation Authorities Act and regulations, and the Conservation Authorities (CAs) have been advised to restrict their services to core functions.
Whereas MPP Piccini, at a recent public meeting regarding Zone Clarington, advised members of the public and municipal Councillors present, that as a Provincial Policy Statement is being reviewed by the Minister of Municipal Affairs, and movement to move forward on EP zoning would be irresponsible;
Now therefore be it resolved that:
1. Planning Services Staff be instructed to pause their work on the rural portion of Zone Clarington for a period of three months, until (a) a decision has been rendered for the East Gwillimbury LPAT case; (b) there is greater clarity on the PPS revisions; and (c) it is confirmed that the CAs will have capacity to assist with review of natural heritage features;
2. Staff report back within 3 months on any changes that have taken place with respect to paragraph (1);
3. Staff report back on September 30, 2019 on the process for municipal led Official Plan amendments to the Clarington Official Plan, for correcting errors in EP designations at no cost to the landowners;
4. Staff report back to the September 30, 2019 on notifying landowners of the EP changes which took place in the recent Official Plan amendments, as well as EP changes for Zone Clarington; and
5. The inspection of properties by municipal staff continue where requested by landowners.
These motions are to be discussed and ratified at the Clarington Council meeting on Monday, September 16th at 7 pm.
Update (September 17, 2019): These two motions were passed without amendments at the September 16th Council Meeting.