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Home My WebLink About02/06/2006 ~l~jpglOn GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: FEBRUARY 6, 2006 9:30 A.M. TIME: PLACE: COUNCIL CHAMBERS 1. ROLL CALL 2. DISCLOSURES OF PECUNIARY INTEREST 3. MINUTES (a) Minutes of a Regular Meeting of January 23, 2006 301 4.(a) PRESENTATIONS (i) Michele Harris, Marketing Dynamic Solution - Report CSD-001-06 (b ) DELEGATIONS (i) Bill Humber, Old Bowmanville Neighbourhood Association, - Report PSD-012-06 (ii) Victor Suppan, Local Architectural Conservation Advisory Committee, - Report PSD-012-06 (iii) David W. Rice - Ridge Pine Park Inc. - Report PSD-014-06 5. PUBLIC MEETING (a) Application to Amend the Clarington Official Plan and Amendment 501 To Draft Approved Plan of Subdivision Applicant: CCCC Durham West Ltd. (The Kaitlin Group Ltd.) Report: PSD-011-06 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE. ONTARIO L1C 3A6 T (905) 623-33H G.P. & A. Agenda -2- February 6, 2006 6. PLANNING SERVICES DEPARTMENT (a) PSD-011-06 - Proposed Official Plan Amendment and Amendment 601 To Draft Approved Plan of Subdivision 18T-96013 to Permit the Development of 38 Semi-Detached/Link Dwellings on a School Block Applicant: CCCC Durham West Ltd. (The Kaitlin Group Ltd.) (b) PSD-012-06 - Proposed Bowmanville Heritage Conservation District 610 (c) PSD-u13-06 - Rezoning and Amendment to Draft Approved Plan of 620 Subdivision 18T-88051 to Permit the Development of 13 Residential Units Applicants: 2075568 Ontario Inc. and Middle Road Developments (d) PSD-014-06 - Applications to Amend the Clarington Official Plan and 639 Zoning By-law to Permit the Westerly Expansion of Wilmot Creek Community with Approximately 66 Additional Single Detached Dwelling Units Applicant: Ridge Pine Park Inc. (e) PSD-015-06 - Monitoring of the Decisions of the Committee of 651 Adjustment for the Meeting of January 19, 2006 (f) PSD-016-06 - Application for Removal of Part Lot Control 656 Applicant: Condor Developments Ltd. (g) PSD-017-06 - Confidential Report - Property Matter 7. ENGINEERING SERVICES DEPARTMENT (a) EGD-007 -06 - Monthly Report on Building Permit Activity for 701 January, 2006 (b) EGD-008-06 - Primrose Subdivision, Courtice, Plan 40M-1945, 706 'Certificate of Acceptance' and 'Assumption By-laws', Final Works Including Roads and Other Related Works (c) EGD-009-06 - Northeast Bowmanville Subdivision Phase 5 712 Bowmanville, Plan 40M-1776, 'Certificate of Acceptance' and 'Assumption By-laws'. Roads and Above Ground Services G.P. & A. Agenda -3- February 6, 2006 8. OPERATIONS DEPARTMENT No Reports 9. EMERGENCY AND FIRE SERVICES DEPARTMENT No Reports 10. COMMUNITY SERVICES DEPARTMENT (a) CSD-001-06 - clarington's Brian McFarlane Hockey Museum - 1001 Branding Strategy (b) CSD-002-06 - Municipality of clarington's Participation in the 1006 Canadian Tire Jumpstart Program (c) CSD-003-06 - Admission Standards for Public Pools 1012 11. CLERK'S DEPARTMENT (a) CLD-001-06 - Intention to Designate 483 King Avenue East, Newcastle 1101 Village as a Heritage Property (The Wallbridge House) 12. CORPORATE SERVICES DEPARTMENT (a) COD-00B-06 - Oshawa/Clarington Association for Community Living 1201 and John Howard Society Lease Agreements (b) COD-009-06 - Tender CL2006-1 - Hampton Pond Recovery 1225 13. FINANCE DEPARTMENT No Reports 14. CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT No Reports 15. UNFINISHED BUSINESS 16. OTHER BUSINESS 17. ADJOURNMENT CINJm,10n General Purpose and Administration Committee Minutes January 23, 2006 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, January 23, 2006 at 9:30 a.m., in the Council Chambers. ROLL CALL Present Were: Also Present: Mayor J. Mutton Councillor A. Foster Councillor D. MacArthur Councillor P. Pingle Councillor G. Robinson Councillor J. Schell C~uncillor C. Trim Chief Administrative Officer, F. Wu Manager, Transportation & Design, Engineering Services, L. Benson Deputy Chief, Emergency & Fire Services, M. Berney Director of Community Services, J. Caruana Director of Planning Services, D. crome Director of Operations, F. Horvath Director of Corporate Services, M. Marano Director of FinancelTreasurer, N. Taylor Director of Emergency & Fire Services, G. Weir (attended until 10:40 a.m.) Deputy Clerk, A. Greentree Clerk II, C. Tennisco Mayor Mutton chaired this portion of the meeting. DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated for this meeting. MINUTES Resolution #GPA-012-06 Moved by Councillor Robinson, seconded by Councillor Schell THAT the minutes of the regular meeting of the General Purpose and Administration Committee held on January 9, 2006, be approved. CARRIED 301 General Purpose and Administration Committee Minutes January 23, 2006 Resolution #GPA-013-06 Moved by Councillor Foster, seconded by Councillor Pingle THAT the agenda be altered to move Delegation (iii) Glenn Case, Manager, Projects & Facilities Development, Low Level Radioactive Waste Management Office to a Presentation; and THAT Delegation (i) Lou Devuono, Rockey's Motorcyle Charity Ride be removed from the Agenda, as he advised Council prior to the meeting that he would not be in attendance. CARRIED PRESENTATION Glenn Case, Manager, Projects & Facilities Development, Low Level Radioactive Waste Management Office, appeared before Council regarding Report PSD-007 -06 - Port Granby Project Update. Mr. Case stated it is the purpose of the Project to provide safe, local, long- term management for low-level radioactive waste by involving Natural Resources Canada, Canadian Nuclear Safety Commission, Fisheries and Oceans Canada, and municipal, provincial, and federal agencies. Mr. Case discussed: Project Timeline; Relocation of Waste to a new facility 50 hectares in size - 700 meters away from Lake Ontario; Site Plan of Key Project Features; recommended Transportation Routes; Environmental Assessment Process - Baseline Characterization & Effects Assessments; Consultation, Communications, and Surveys - to determine public attitude; Cover System - enhancement of drainage system; and Transportation of Waste - construction of a underpass at Lakeshore Road. In closing, Mr. Case advised it is anticipated that the Draft Environment Assessment Study will be presented to the public in March 2006 and then forwarded to NRCan, CNSC, and FOC for review by federal and provincial authorities. The Low Level Radioactive Waste Management Office remains confident that the CNSC licensing process will be completed by 2007/200B and construction of the Port Granby Facility initiated in 200B. DELEGATIONS Lou Devuono, Rockey's Motorcyle Charity Ride, advised Council prior to the meeting he would not be in attendance. Tom Barrie, Chairperson, Agriculture Advisory Committee presented the Annual Report to Council. Mr. Barrie highlighted the guest speakers who addressed the Agriculture Advisory Committee over the past year. The Agriculture Advisory Committee continues to monitor issues such as the Bale Wrap Program, farm vehicle safety signage, tire recycling, and the use of pesticides throughout Clarington. In closing, Tom Barrie thanked Mayor Mutton, members of Council, and staff of the Municipality of Clarington for their continued support, and stated that the Committee looks forward to continuing to act as a useful and functional entity in Clarington. - 2 - 302 General Purpose and Administration Committee Minutes January 23, 2006 Mark Foley, Phip Limited (The Foley Group), appeared before Council in support of Report PSD-00B-06 - Application for Rezoning to Permit 14 Residential Units and to address any concerns of the Committee. Councillor Schell chaired this portion of the meeting. PUBLIC MEETING (a) Subject: Application to Amend the Zoning By-law B4-63 Applicant: Barry McCabe Report: PSD-006-06 Bruce Howarth, Planner, gave a verbal report pertaining to Report PSD-006-06. No one spoke in support of or in opposition to Report PSD-006-06. PLANNING SERVICES DEPARTMENT REZONING TO CONVERT AN EXISTING WORKSHOP TO A GARDEN SUITE APPLICANT: . BARRY MCCABE Resolution #GPA-014-06 Moved by Councillor MacArthur, seconded by Councillor Trim THAT Report PSD-006-06 be received; THAT provided there are no significant issues raised at the public meeting, the rezoning application submitted by Barry McCabe be approved and that the temporary use Zoning By-law amendment attached to Report PSD-006-06 be adopted by Council; THAT a by-law approving the removal of the "Holding (H)" symbol be forwarded directly to Council once an agreement has been entered into; THAT the Mayor and Clerk be authorized to enter into an agreement for the use of a garden suite on the subject property; and THAT all interested parties listed in Report PSD-006-06 and any delegations be advised of Council's decision. CARRIED - 3 . 303 General Purpose and Administration Committee Minutes January 23, 2006 PORT GRANBY PROJECT - ANALYSIS REGARDING DOUBLE BASE LINER, LAKESHORE ROAD GRADE SEPARATION, AND PRE-CONSTRUCTION ROAD UPGRADES Resolution #GPA-015-06 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report PSD-007-06 be received for information; and THAT a co~y of Staff Report PSD-007 -06 and Council's decision be forwarded to all interested parties ind;..."ated in Report PSD-007-06. CARRIED ZONING BY-LAW AMENDMENT TO PERMIT THE CONSTRUCTION OF FOURTEEN DWELLINGS APPLICANT: PHIP LIMITED (THE FOLEY GROUP) Resolution #GPA-016-06 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT Report PSD-00B-06 be received; THAT the rezoning application submitted by Phip Limited be approved and that the Zoning By-law Amendment, attached to Report PSD-00B-06, be adopted by Council; THAT a By-law to remove the Holding (H) symbol be forwarded to Council at such time that all the conditions related to development of these lands have been fulfilled; THAT the Mayor and Clerk be authorized by By-law, Attachment #3 to Report PSD-00B-06, to execute an agreement with the applicant for this development; and THAT all interested parties listed in Report PSD-00B-06, any delegations, and the Regional Municipality of Durham Planning Department be advised of Council's decision. CARRIED David Crome, Director of Planning Services, presented a slide show pertaining to Report PSD- 006-06. The presentation outlined the history, principles, and elements of the Draft Growth Plan. Mr. Crome stated the Report lists areas of concern such as transportation routes, public transit, and employment. It is critical for the Province to recognize the significance of Clarington as being the eastern gate-way to the inner ring, its interrelationship with surrounding urban nodes, and the necessity to provide timely infrastructure to strengthen the sustainability of the Municipality. -4- 304 General Purpose and Administration Committee Minutes January 23, 2006 PLACES TO GROW DRAFT GROWTH PLAN FOR THE GREATER GOLDEN HORSESHOE Resolution #GPA-017-06 Moved by Councillor Robinson, seconded by Councillor MacArthur THAT Report PSD-009-06 be received and endorsed as the Municipality's comments on the Proposed Growth Plan for the Greater Golden Horseshoe; and THAT Report PSD-009-06 be forwarded to the Ministry of Public Infrastructure Renewal and the Region of Durham Planning Department. CARRIED Councillor MacArthur chaired this portion of the meeting. ENGINEERING SERVICES DEPARTMENT MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR DECEMBER, 2005 Resolution #GPA-018-06 Moved by Councillor Schell, seconded by Councillor Robinson THAT Report EGD-003-06 be received for information. CARRIED CLARINGTON CORNERS SUBDIVISION PHASE 1 STAGE 3, BOWMANVILLE, PLAN 40M-1940, 'CERTIFICATE OF ACCEPTANCE' AND 'ASSUMPTION BY-LAW', FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS BRIDLE COURT EXTENSION SUBDIVISION, COURTICE, PLAN 40M-2106, 'CERTIFICATE OF ACCEPTANCE' AND 'ASSUMPTION BY-LAWS', FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS Resolution #GPA-019-06 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report EGD-004-06 be received; THAT the Director of Engineering Services be authorized to issue a 'Certificate of Acceptance' for the Final Works, which include final stage roads and other related Works, constructed within Plan 40M-1940; and - 5- 305 General Purpose and Administration Committee Minutes January 23, 2006 THAT Council approve the by-law attached to Report EGD-004-06, assuming certain streets within Plan 40M-1940 as public highways. THAT Report EGD-005-06 be received; THAT the Director of Engineering Services be authorized to issue a 'Certificate of Acceptance' for the Final Works, which include final stage roads and other related Works, constructed within Plan 40M-2106; and THAT Council approve the by-laws attached to Report EGD-005-06, assuming certain streets within Plans 40M-2106, and 10M-B22 as public highways. CARRIED OPERATIONS DEPARTMENT There were no reports considered under this section of the Agenda. Councillor Pingle chaired this portion of the meeting. EMERGENCY SERVICES DEPARTMENT MONTHLY RESPONSE REPORT - DECEMBER, 2005 Resolution #GPA-020-06 Moved by Councillor Schell, seconded by Councillor Trim THAT Report ESD-002-06 be received for information. CARRIED COMMUNITY SERVICES DEPARTMENT There were no reports considered under this section of the Agenda. CLERK'S DEPARTMENT There were no reports considered under this section of the Agenda. -6- 306 General Purpose and Administration Committee Minutes January 23, 2006 Mayor Mutton chaired this portion of the meeting. CORPORATE SERVICES DEPARTMENT CL2005-47, MILL STREET WATERMAIN REALIGNMENT, NEWCASTLE Resolution #GPA-021-06 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report COD-004-06 be received; THAT Cobourg Devel0pment Services Ltd., Cobourg, Ontario with a total bid in the amount of $275,661.00 (Plus GS r), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2005-47, be awarded the contractfor the Mill Street Watermain Realignment, Newcastle as required by the Engineering Department; THAT funds required in the amount of $400,00.00 ($275,661.00 tender plus contingencies, consulting and C.N. Rail Costs) be drawn from Engineering 2005 Capital Budget Account # 110-32-330-83263-7401; and THAT the By-law attached to Report COD-004-06, marked Schedule "A", authorizing the Mayor and the Clerk to execute the necessary agreement be approved. CARRIED RFP2005-17 - MAIL-IN VOTING SERVICE Resolution #GPA-022-06 Moved by Councillor Schell, seconded by Councillor Foster THAT Report COD-005-06 be received; THAT Canada Post Corporation, Ottawa, Ontario with a total bid in the amount of $96,594.96 (Plus GST), being the most responsible bidder meeting all terms. conditions, and specifications of RFP 2005 -17, be awarded the contract for the Mail-In Voting Services as required by the Municipal Clerk's Department; THAT funds required in the amount of $96,594.96 (plus GST) be drawn from Account # 100-19-193-10190-7101; and THAT the By-law attached to Report COD-005-06, marked Schedule "A", authorizing the Mayor and the Clerk to execute the necessary agreement be approved. CARRIED -7. 307 General Purpose and Administration Committee Minutes January 23, 2006 RFP2005-19 - SUPPLY OF AUTOMATED COUNT PROCESS FOR MUNICIPAL ELECTIONS Resolution #GPA-023-06 Moved by Councillor Pingle, seconded by Councillor Schell THAT Report COD-006-06 be received; THAT Dominion Voting Systems Corporation, Toronto, Ontario with a total bid in the amount of $61,452.00 (Plus GST), being the lowest, most responsible bidder meeting all terms, conditions, and sped:- 'ations of RFP 2005-19, be awarded the contract for the Supply of Automated Count Process for Municipal Elections as required by the Municipal Clerk's Department; THAT funds required in the amount of $61 ,452.00 (plus GST) be drawn from Account # 100-19-193-10190-7101; and THAT the By-law attached to Report COD-006-06, marked Schedule "A", authorizing the Mayor and the Clerk to execute the necessary agreement be approved. CARRIED TENDER CL2005-38, STREET LIGHTING IMPROVEMENTS AT VARIOUS LOCATIONS Resolution #GPA-024-06 Moved by Councillor Trim, seconded by Councillor Schell THAT Report COD-007-06 be received; THAT Langley Utilities Contracting, Bowmanville, Ontario with a total bid in the amount of $105,B3B.00 (plus G.S.T.), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2005-38, be awarded the contract for the Street Lighting Improvements at Various Locations as required by the Engineering Department; THAT the total funds required in the amount of $115,250.00 ($105,B3B.00 tender plus work by Hydro One, plus addition work under Tender CL2003-27, contingencies, consulting and less works recoverable from developers) be drawn as follows: a. $10,500.00 (Part A) from 2005 Capital Budget Account # 110-32-324-B3279-7401; b. $20,000.00 (Part C,D, E-& F) from the 2005 Capital Budget Account # 110-32-324-B3221-7401; c. $9,500.00 additional funds to be reallocated from Part A of 2005 Capital Budget Account # 110-32-324-83279-7401; - 8 - 308 General Purpose and Administration Committee Minutes January 23, 2006 d. $10,500.00 shortfall for Parts C, D, E and F to be funded from the Roads Contribution Reserve Fund; e. THAT the remaining funds in the amount of $64,750.00 for Parts Band G be drawn from the 2004 Capital Budget Account # 110-32-324-83248-7401; and THAT the By-law attached to Report COD-007-06, marked Schedule "A", authorizing the Mayor and the Clerk to execute the necessary agreement be approved. CARRIED FINANCE DEPARTMENT There wer6 no reports considered under this section of the Agenda. CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT There were no reports considered under this section of the Agenda. UNFINISHED BUSINESS Resolution #GPA-025-06 Moved by Councillor Robinson, seconded by Councillor Foster THAT the presentation of Tom Barrie, Chairperson, Agriculture Advisory Committee be received with thanks. CARRIED OTHER BUSINESS There was no items considered under this section of the Agenda. ADJOURNMENT Resolution #GPA-026-06 Moved by Councillor Robinson, seconded by Councillor MacArthur THAT the meeting adjourn at 10:56 a.m. CARRIED MAYOR DEPUTY CLERK - 9. 309 _ClWilJgron CORPORATION OF THE MUNICIPALITY OF CLARINGTON NOTICE OF PUBLIC MEETING PUBLIC MEETING REPORT # PSD-OII-06 CCCC DURHAM WEST LTD. (THE KAITLIN GROUP LTD.) I DEVELOPMENT APPLICATION BY: CCCC Durham West Ltd. (The Kaltlln Group Ltd.) AN APPLICATION TO AMEND THE CLARINGTON OFFICIAL PLAN TAKE NOTICE that the Council of the Corporation of the Municipality of Clarlngton will consider a proposed Official Plan Amendment, and amendment to Draft Approved Plan of Subdivision under Sections 17 and 51 respectively of the Planning Act, 1990, as amended. APPLICATION DETAILS The proposed Official Plan Amendment submitted by CCCC Durham West Ltd. would delete the .Public Elementary School' symbol from the subject lands to permit the development of low density residential units. The population target for the Port of Newcastle Neighbourhood will be adjusted to accommodate the additional residential units. The application to amend Draft Approved Plan of Subdivision 18T-96013 was submitted to permit the development of nineteen (19) lots for thlrty-eight (38) semi-detached/link units on a block previously approved for a public elementary school. The subject property Is generally located on the south side of Milligan Street, west of Port of NewcasUe Driv$ and east of Toronto Street, being in Part of Lots 29 and 30, Broken Front Concession, former Township of Clarke (as shown on reverse I Planning File Nos.: COPA 2005-0009 and 18T-96013 PUBLIC MEETING The Municipality of Clarington will hold a publiC meeting to provide interested parties the opportunity to make comments, identify issues and provide additional information relative to the proposed development. The public meeting will be held on: DATE: Monday, February 6, 2006 TIME: 9:30 a.m. PLACE: Council Chambers, 2nd Floor, Municipal Administrative Centre, 40 Temperance SL, Bowmanvllle, Ontario ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposal. The start time listed above reflects the time at which the General Purpose and Administration Committee Meeting commences. If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Monday, February 13, 2006, commencing at 7:00 p.m. Should you wish to appear before Council, you must register with the Clerks Department by the Wednesday noon, February 8, 2006 to have your name appear in the Agenda. COMMENTS OR QUESTIONS? If you wish to make a written submission or if you wish to be notified of subsequent meetings or the adoption of the proposed Official Plan Amendment and approval of the amendment to Draft Approved Plan of Subdivision, you must submit a written request to the Clerk's Department. 2nd Floor, 40 Temperance Street, Bowmanville, Ontario L 1C 3A6. An Official Plan Amendment adopted by the Municipality of Clarington is forwarded t.., the Region of Durham for approval, unless it is determined during the review process that the Amendment is exempt from Regional approval. For an exempt Amendment,the decision to adopt by Clarington Council becomes final, subject to any appeal during the statutory appeal period. Additional information relating to the proposal is available for inspection between 8:00 a.m. and 5:00 p.m. at the Planning Services Department, 31d Floor, 40 Temperance Street, Bowmanvllle, Ontario L1C 3A6, or by calling Tracey Webster at (905) 623-3379 extension 326 or bye-mall attwebstertalclarlnaotn.net APPEAL If a person or public body that files a notice of appeal of a decision on the proposed Official Plan Amendment or the proposed amendment to Draft Approved Plan of Subdivision to the Ontario Municipal Board does not make oral submissions at a public meeting or does not make written submissions before the proposed Official Plan Amendment is adopted, or the proposed Amendment to Draft Approved Plan of Subdivision is approved, the Ontario Municipal Board may dismiss all or part of the appeal. Dated at the Municipality of Clarington this 111h day of January 2006. B d Crome, M.C.I.P., R.P.P. D rector of Planning Services Municipality of CIBrlngton 40 Temperance Street BowmBnvllle, Ontario L1C 3A6 ~n1 MILLIGAN STREET . .287 288 293 275 ~ COPA 200S.Q009 Clarington Official Plan Amendment 18T -96013 Plan of Subdivision Amendment Owner: CCCC Durham West Ltd. 502 C/OOl1gtDn REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, February 6, 2006 Report #: PSD-011-06 File #: COPA2005-0009 and 18T -96013 By-law #: Subject: PROPOSED OFFICIAL PLAN AMENDMENT AND AMENDMENT TO DRAFT APPROVED PLAN OF SUBDIVISION 18T-96013 TO PERMIT THE DEVELOPMENT OF 38 SEMI"-DETACHED/LlNK DWELLINGS ON A SCHOOL BLOCK APPLICANT: CCCC DURHAM WEST L TD (THE KAITLlN GROUP L TD) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-011-06 be received; 2. THAT the applications to amend the Clarington Official Plan and Draft Approved Plan of Subdivision 18T-96013, submitted by CCCC Durham West Ltd. to permit the development of 38 residential units, be referred back for further processing and the preparation of a subsequent report; and 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: J Crome. M.C.I.P.. R.P.P. r of Planning Services Reviewed by: ~~ Franklin Wu, Chief Administrative Officer lW/CP/DJC/df 30 January 2006 CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 601 REPORT NO.: PSD-011-06 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: CCCC Durham West Ltd (The Kaitlin Group Ltd.) 1.2 Official Plan Amendment: To delete the provision for a Public Elementary School to permit the development of nineteen (19) lots for thirty-eight (38) semi- detached/linked dwelling units. 1.3 Amendment to Draft Approved Plan of Subdivision: To revise a previously approved school block to permit the development of nineteen (19) lots for thirty-eight (3B) semi- detached/linked dwellings with a minimum lot frontage of 23.2 metres on a crescent shaped street, identified as "Street V". 1.4 Area of Proposed Amendment: 2.40 hectares (5.93 acres) 2.0 LOCATION 2.1 The subject lands are located on the south side of Milligan Street, west of Port of Newcastle Drive and east of Toronto Street, being in Part of Lots 29 and 30, Broken Front Concession. former Village of Newcastle. 3.0 SITE CHARACTERISTICS AND SURROUNDING LAND USES 3.1 The lands subject to the amendments are currently vacant. 3.2 Surrounding Uses: North - South - East - West - Vacant residential and the Hydro One Corridor Pearce Farm Park Residential Vacant Residential 4.0 BACKGROUND 4.1 On June 13, 2005 Staff received notification from the Kawartha Pine Ridge District School Board that they no longer required an elementary school within the Port of Newcastle Neighbourhood area and were withdrawing their interest in block 267. 4.2 On October 5, 2005 The Kaitlin Group submitted an application to amend Draft Approved Plan of Subdivision 1BT-96013. In order to support that application, an application to amend the Clarington Official Plan was received on November 1, 2005. The Official Plan amendment requests the deletion of the provisions for a Public 602 REPORT NO.: PSD-011-06 PAGE 3 Elementary School in order to permit the development of nineteen (19) lots for semi- detachedllink dwelling units on a previously approved school block. 5.0 PROVINCIAL POLICY STATEMENT 5.1 The applications are consistent with the Housing policies contained in Section 1.4 of the 2005 Provincial Policy Statement. Planning authorities are required to provide for a range of housing types and densities with a ten year supply of lands which are designated, and a three year supply of zoned and serviced lands within draft approved and registered plans. New housing is to be directed to locations where "infrastructure and public services are available. The PPS also states the infrastructure and public services shall be provided in a co-ordinated, efficient and cost-effective manner to accommodate projected needs. 6.0 OFFICIAL PLAN POLICIES 6.1 Durham ReQion Official Plan The lands are designated as Living Area within the Durham Regional Official Plan. The predominant use of the lands within the Living Area designation shall be for housing purposes. The application conforms. 6.2 ClarinQton Official Plan 6.2.1 In the Clarington Official Plan, the subject lands are designated as Urban Residential with a Public Elementary School symbol. The lands are within the Port of Newcastle Neighbourhood, which has a population allocation of 2,BOO and a housing unit target of 1,075. Phase I consists of 366 registered units. while the current proposal for Phase II consists of 724. There are an additional 49 units in the Port of Newcastle Neighbourhood for a total of 1,139 units, which exceeds the unit allocation by 64. As a result, the population for the Port of Newcastle Neighbourhood increases from 2,800 to 2,990. The increase in both population and unit allocation is below 10% and is considered to be in conformity with the Official Plan based on the interpretation policies. 7.0 ZONING BY-LAW 7.1 Within Comprehensive Zoning By-law 84-63, as amended, the lands are zoned "Holding - Urban Residential Exception ((H)R1-39". The proposed amendments conform to the current zoning. 8.0 PUBLIC NOTICE AND SUBMISSIONS 8.1 Public Notice was given by mail to each landowner within 120 metres of the subject site. A Public Meeting sign was installed on Milligan Street. As of the writing of this report, staff have received one (1) enquiry on the proposed amendments. The person objects 603 REPORT NO.: PSD-011-06 PAGE 4 to the removal of the school block and feels their property value will decrease. Although a school block was originally draft approved for this neighboruhood in accordance with the Official Plan policies. The School Board has determined that they no longer wish to build a school in this neighbourhood. 9.0 AGENCY COMMENTS 9.1 The Clarington Emergency and Fire Services, Ganaraska Region Conservation Authority, Hydro One Networks Inc., Enbridge Gas Distribution Inc., and Rogers Cable offered no comments or objections on the applications. 9.2 Comments fro~. ~he following agencies remain outstanding: . Veridian Connections . Kawartha Pine Ridge District School Board . Peterborough Victoria Northumberland Clarington District School Board . Conseil Scolaire de District Catholique Centre-Sud . Conseil Scolaire de District Centre-Sud . Canada Post . Bell Canada 9.3 The Clarington Engineering Services Department have reviewed the proposed applications and have no objection of the applications subject to standard conditions and the following requirements: . The horizontal alignment of Street V must be modified so that no portion of the street is aligned at an acute interior angle. . All lots located on street eyebrows must be single units with a minimum frontage of 15.0 metres. . The applicant must submit a plan indicating the proposed entrance and driveway location for all corner lots located on Street V. The proposed entrances must conform to all current zoning requirements and Engineering standards. Any future dwellings constructed on corner lots within the subject draft plan must have entrances, driveways and garages that are compatible with the required plan. Kinked driveways will not be permitted. The final plan is subject to the approval of the Director of Engineering Services prior to the approval of this draft plan. 9.4 The Durham Region Planning Department indicated that the proposed amendment to the Clarington Official Plan would be permitted by the policies of the Durham Region Official Plan. A primary objective of the Region's Community Strategic Plan is to ensure balanced growth by implementing effective land use planning which supports compact development and healthy neighbourhoods. The proposal would appear to provide for the safe and convenient movement of pedestrians and transit riders. These applications have been screened in accordance with the terms of the provincial plan review responsibilities. Provincial issues were examined and the conditions of 604 REPORT NO.: PSD-011-06 PAGE 5 draft approval, as amended, on the related plan of subdivision application address the concerns relating to site contamination and archaeological resources. Water supply and sanitary sewer service is available. These services can be provided to the proposed residential lots from the future services on Milligan Street. The Official Plan amendment application is considered to have no significant Regional or Provincial concerns. In accordance with Regional By-law 11-2000, this application is exempt from Regional approval. Certain conditions of draft approval would need to be modified. Conditions 1 and 2 should be changed to make reference to the appropriate amended plan. Also, those Connitions pertaining to the School Block and the Kawartha Pine Ridge School Board should be amended accordingly. 1 0.0 STAFF COMMENTS 10.1 For the proposed amendment to Draft Approved Plan of Subdivision 1BT-96013, the street pattern and lot layout fits with the existing neighbourhood design. Engineering Services have identified design issues which need to be addressed prior to a recommendation report being prepared. 10.2 Staff are also dealing with a separate Official Plan Amendment within this neighbourhood which proposes to adjust the unit count and population targets related to the medium and high density units located closer to the marina lands. Staff will ensure that the recommendations for the two applications are consistent as they move forward. 11.0 CONCLUSION 11.1 The purpose of this report is to satisfy the Public Meeting requirements under the Planning Act, and taking into consideration the outstanding comments, staff respectfully request that this report be referred back to staff for further processing and the preparation of a subsequent report. Attachments: Attachment 1 - Key Map Attachment 2 - Proposed Amendment to the Clarington Official Plan Attachment 3 - Proposed Amendment to Draft Approved Plan of Subdivision 1BT-96013 Interested parties to be advised of Council's decision: Masood Vatandoust Linda, Dennis and David Brown 605 Attachment 1 To Report PSD-011-06 MILLIGAN STREET 287 x 288 293 275 286 X 289 292 f 276 278 285 ---- 291 277 279 280 J Newcastle Key Map COPA 2005-0009 Clarington Official Plan Amendment 18T-96013 Plan of Subdivision Amendment Owner: CCCC Durham West Ltd. UoKE: ONTARIO 606 Attachment 2 To Report PSD-011-06 PROPOSED AMENDMENT NO. TO THE CLARINGTON OFFICIAL PLAN PURPOSE: The purpose of this amendment is to delete the "Public Elementary School symbol from the subject lands. BASIS: The basis of this amendment is an application from the property owner. ACTUAL AMENDMENT: The Clarington Official Plan is hereby amended as follows: 1. By amending Map A4- Land Use Newcastle Urban Area as shown on Schedule 'A' attached hereto. IMPLEMENTATION: The provisions of the Clarington Official Plan as amended, regarding the implementation of the Plan, shall apply with respect to this amendment. INTERPRETATION: The provisions set forth in the Clarington Official Plan, amended, regarding the implementation of the Plan, shall apply with respect to this amendment. 607 -----......... -... ----~. '" ...... ""'. 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I .~ = ~:I I iiidl.j --- : t'l~ ~I!K~. ~Ih.l ii, ~-- ~ ~; IUUII! ~ II ~ ~ ::s ... ..... 609 Cl~n REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, February 6, 2006 Report #: PSD-012-06 File #: PLN 34.2.4.1 By-law #: Subject: PROPOSED BOWMANVILLE HERITAGE CONSERVATION DISTRICT RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-012-06 be received; 2. THAT the draft Bowmanville Heritage Conservation District Plan be adopted as the Old Bowmanville (North Ward) Heritage Guidelines for use as a resource document by residents; 3. THAT a Beech Avenue Heritage Conservation District Plan be drafted to reflect the request of the Beech Avenue residents for designation of a Heritage Conservation District under Part V of the Ontario Heritage Act (Attachment 2); 4. THAT the Beech Avenue Heritage Conservation District By-law be adopted when the specific Beech Avenue Heritage Conservation District Plan has been drafted; 5. THAT the Beech Avenue Heritage Conservation District be reviewed approximately three years after it comes into force; and 6. THAT any interested parties or delegation be advised of Council's decision. Reviewed by: (J~ -5 t... 0-t.- Franklin Wu, Chief Administrative Officer ILlFLlDJC/df 27 January 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE. ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-0830 610 REPORT NO.: PSD-012-06 PAGE 2 1.0 BACKGROUND 1.1 In May of 2002 Report PSD-048-02 was presented to Council for information purposes explaining the steps and procedures involved in designating the area bounded by Concession, Wellington and Liberty as a Heritage Conservation District (HCD) under the Ontario Heritage Act. An open house was held in June 2002 to obtain the input of the affected property owners and a questionnaire was distributed as well as a request for volunteers to sit on a Heritage Conservation District Steering Committee. A newsletter summarizing the process was distributed to all of the property owners, it contained a notice that a report and study area by-law would be presented to Council in September. 1.2 On September 30th, 2002 Council approved initiation of a study pursuant to Section 40 \ I) of the Ontario Heritage Act for a heritage conservation district. A study area By-law 2002-150 was passed. The study was to proceed in two phases, the first being the preparation of a HDC Background Study, and the. second being the preparation of a HCD Plan. The terms of reference for the Study included establishing a District Steering Committee, which was formed in December of 2002 and has assisted with the proposed district since that time. 1.3 In May of 2004 Council accepted the Phase 1 Study, which detailed the heritage character of the area on a 'street by street basis, and approved proceeding with Phase 2 of the study which has been the development of the HCD Plan and accompanying architectural guidelines. 1.4 The residents and community have been kept informed of the proposed district's progress. A total of three newsletters have been issued, a number of open houses have been held and the draft guidelines were distributed to all residents in September of 2005. A public meeting on the proposed HCD Plan was held on October 3rd, 2005. 2.0 HERITAGE CONSERVATION DISTRICT PROPOSAL(S) . 2.1 The District Steering Committee have been intimately involved in the preparation of this HCD Plan and guidelines. While there is not consensus among the committee on how implementation should occur, they generally agree that the recommended architectural guidelines are a good tool for the residents and should be adopted as a resource document. 2.2 Council held a public meeting regarding the alternatives, guidelines and to hear resident's comments on October 3, 2005. At the public meeting a proposal was brought forward by the District Steering Committee that recommended an educational programme based on the guidelines be undertaken by a number of interested groups and Municipal staff in lieu of designation (Attachment 1). 611 REPORT NO.: PSD-012-06 PAGE 3 2.3 Following the October public meeting, staff met with a number of stakeholder groups to obtain their feedback on the educational programme proposal and received many comments from residents of the area. The concept of an educational program is expanded upon in Section 5 of this report. 2.4 Since the public meeting the residents of Beech Avenue have separately submitted a request that their block be designated as a Heritage Conservation District. This request is based on their understanding of the benefits of a HCD, the architectural guidelines and heritage permit process set out in the HCD Plan. Attachment 2 requests that the block be designated with a three year pilot timeframe. 3.0 CCMMENTS ON THE PROPOSED HERITAGE DISTRICT PLAN 3.1 The Bowmanville Heritage Conservation District Plan was prepared based on designation of the neighbourhood as a Heritage Conservation District under Part V of the Ontario Heritage Act. While the Ontario Heritage Act was amended in April of 2005, staff have had the guidelines reviewed by provincial staff and are confident that the draft HCD plan meets the requirements of the Act. 3.2 Based on the planning tools available under the laws of Ontario there are minimal alternatives to district designation for heritage conservation. None of the alternatives provide the same degree of heritage conservation as designation. An analysis of the different planning tools available and a critique of their applicability to accomplishing the goal of heritage conservation is included in the HCD plan as Appendix 8. Some residents of the Old Bowmanville area would prefer to take the chance that existing planning regulations in place will provide adequate protection for the neighbourhood. Staff disagree. 3.3 Three basic alternatives for implementation where presented to the neighbourhood and public during the meeting last fall. The different alternatives were: 1) Status quo and recommended architectural guidelines 2) Demolition control and recommended architectural guidelines 3) Heritage conservation designation; The response from the residents is mixed however it does favour either status quo (as noted in 3.2) or Heritage Conservation District designation. 3.4 The status quo alternative does not protect the area from demolition of any of the buildings. In addition, any planning applications, such as minor variances, consents (e.g. severances) and rezoning will not be required to conform to the HCD Plan and its guidelines. 612 REPORT NO.: PSD-012-06 PAGE 4 -3.5 Some residents prefer the Heritage Conservation District designation as do staff. It would provide the greatest certainty for managing change within the neighbourhood. 3.6 Through the adoption of the "Old Bowmanville Neighbourhood: Streetscape & Infrastructure Implementation Plan, 2001" the Municipality previously committed to redevelopment of the streets in character with the area; and this continues to be of great importance to the majority of residents. 3.7 Many of the comments received from the residents and public during the review process reflect the misinformation that circulated among the residents during the study process. Regardless of the investigation and information provided by staff c.nd residents whom had carried out research on their own accord, some residents c'lntinue to oppose designation. Many residents voiced concern that some of the older residents need a tangible example of designation. 3.8 The LACAC at their meeting of December 14th, 2005 passed a resolution (Attachment 3) which endorsed the designation of a pilot area and identified a number of other matters, mostly operational aspects of a Heritage Conservation District area that will have to be addressed at the time of implementation. The views of the LACAC with respect to the Heritage Conservation District Plan were not reflective of the presentation by its Chair at the October 11 th, 2005 Council Meeting. 4.0 PILOT AREA PROPOSAL 4.1 Residents of the Beech Avenue block have come forward and offered to act as a pilot area, to show the benefits of a Heritage Conservation District. This would assist with the implementation of a heritage permit process, development of a review committee and other operational aspects of a Heritage Conservation District. 4.2 The Beech Avenue block (Attachment 4) has two homes designated under Part IV of the Ontario Heritage Act, two homes that are primary examples of their architectural style in Clarington, six homes that are secondary examples of their architectural style and three homes of heritage merit. In addition it has the Clarington Beech Centre, historically known as Rathskamory, which was formerly the estate of Dr. George Humphrey Low. The diversity of housing stock on the block, from large estate homes to double houses is one of the specific characteristics and charm of the Old Bowmanville Neighbourhood. 4.3 The Beech Avenue block is a good example as it has a number of landscape features that are to be protected under the streetscape and infrastructure plan when the street is redeveloped (anticipated in the next few years) and it also commits the Municipality to following the guidelines for its own property (the 613 REPORT NO.: PSD-012-06 PAGE 5 Clarington Beech Centre). These landscape features, street trees and streetscape elements are ideally suited to be protected as part of a HCD. 4.4 As a "pilot" for the Heritage Conservation District the Beech Avenue block is well- suited to test out how the implementation details will work. Heritage Permits are only required when a proposed alteration would be visible from the street. Any alteration to the interior of a building, unless it is individually designated under Part IV of the Ontario Heritage Act, would not require a heritage permit. 4.5 The Ontario Heritage Act does not provide for temporary designation. As a result, Council would be required to designate the block shown on Attachment 4 as the Beech Avenue Heritage Conservation District. At the same time, Council would commit to reviewing the matter of designation in 3 years time with the uilderstanding that the designating by-law could be repealed by majority request of the landowners on Beech Avenue. 5.0 EDUCATIONAL PROGRAMME 5.1 The education programme concept presented at the October public meeting by the District Steering Committee received many favorable comments from residents and the media. . 5.2 As noted in 2.3 staff met with the groups identified in the educational programme proposal and received input on the concept from these groups. While the concept has merit, the practicality of its implementation and its effectiveness are more questionable. Staff are concerned that it will not meet the expectations of residents. 5.3 Municipal staff already provide heritage advise to residents should they inquire. In addition, a brochure on how to research your home was drafted as part of this process and another brochure on how to designate your home is already available. The preparation and documentation carried out during this study is available at the museum, library and on the municipal website. 5.4 The museum provides walking tours, upon request and at specific events, of the Old Bowmanville Neighbourhood. Archival research on individual homes can be carried out by residents or as a fee for service basis. Additional seminars and educational programmes are a future possibility providing that they could be operated on a cost recovery basis. 5.5 The LACAC is a volunteer advisory committee of Council with a specific mandate. While they agree with heritage promotion and education their volunteer base is not large and is stretched in achieving their mandate. They have offered to assist with an educational programme. 614 REPORT NO.: PSO-Q12-Q6 PAGE 6 5.6 The OBNA is a volunteer organization with their own mandate. They may become involved depending on the resources that are provided to them to carry out the educational programme. 5.7' There are individual residents that have expressed an interest in helping promote an education programme once it has been written and training provided to them. 5.8 The development of an educational programme could be drafted jointly by the interested groups and individuals; however, it would require a leadership role by the Municipality to pull together the different aspects and recruitment of a volunteer base to implement. Staff do not recommend that a proactive education program as proposed be pursued. Instead, staff will continue to provide advice on an as-requested basis and will ensure that the Old Bowmanville (North Ward) Heritage C",idelines be available for purchase or on-line viewing. 6.0 CONCLUSIONS 6.1 As recommended by the District Steering Committee the draft Bowmanville HCD plan should be adopted as the Old Bowmanville (North Ward) Heritage Guidelines for use as a resource document by residents, municipal staff, LACAC and others. 6.2 The request of the Beech Avenue residents would require that a set of guidelines drawn from the HCD Plan and heritage character statement for the Beech Avenue block from the Phase One document be formulated into a Beech Avenue HCD Plan prior to an approving by-law being advertised. 6.3 In keeping with the guidelines, as circulated to the residents, it is recommended that approval for all minor alteration heritage permits be delegated to the Director of Planning Services and that a committee with representation from LACAC and others be established to review major alterations for the Beech Avenue HCD Plan. Attachments: Attachment 1 - District Steering Committee educational programme proposal Attachment 2 - Beech Avenue Residents Request Attachment 3 - LACAC resolution Attachment 4 - Map of study area and Beech Avenue pilot area Interested parties to be notified of Council's decision: Members of the District Steering Committee Members of the LACAC OBNA Neighbourhood Property Owners 615 A IT ACHMENT 1 TO REPORT PSD-012-06 District Steering Committee Proposal for Education Programme (Rick James and Bill Humber presentation) We ask that Council adopt the guidelines as a resource document to be offered to and promoted within the neighbourhood. They will form the basis of a public education strategy in concert with the Municipality to encourage homeowners to use the document when considering renovations of any kind. With the help of the various municipal departments, the museum, OBNA and LACAC, homeowners would be invited to bring their ideas forward and, with the cooperation of the various groups mentioned above, they would receive support from the resource document in its application to their plans. We hope that by giving homeowners the right information, they will make good decisions. Volunteers from the neighbourhood might even provide additional support and expertise in realizing the objectives of the resource document. OBNA will playa key role in promoting this to the neighbourhood and could report on success stories through its newsletter and web site. We hope the municipality and local media could also find room in their pages to promote what the neighbourhood is doing. Included in the public education strategy would be promotion of LACAC, stressing the benefits and importance of designating individual properties under Part IV of the Heritage Act. Owners of properties, considered to be at risk, would be encouraged to designate their house/property to protect them from demolition. We encourage the municipality, as well, to accept the guidelines as policy for public projects. This issue started over concerns about tree trimming and street reconstruction. This could be a key part of the heritage retention process that can be used without the need for new legislation. The intent is to create a cooperative heritage retention policy. It can be tried at minimal cost and risk. If in the coming years, development pressures overwhelm this initiative, designation remains a possibility. But for now, this an approach that we are confident most people in the neighbourhood would accept. 616 ATTACHMENT 2 TO REPORT PSD-012-06 ~~<fuw~mMm,.,'{l<B.1<m':%'1.i!W1""ifu~~'J:;1Ji*m;:>'%**RY:i~'~i::'~~'f?:H,~~N:;';!;~f..;.:.:~"i'i::;,:rn:~!'1i'~~iHR'*,*i:'r....;<;-%~~r:;;!~,*~%1iU;~*~~rffi~m::m<:,*,<.OO.%'M;t;<;l'W~;;'t<'4!;;:1'\!!:i'i;p!HiW*,'.r,;*p,)<nW::tWii~,;,;N;:,:iii'H!;>!.W::?ii!;;'q~0;:~;~~~i#:iF>i~~) January 20, 2006 Ms. Faye Langmaid Clarington Planning Services Department 40 Temperance Street Bowmanville, Ontario LIC 3A6 "'~,.~ "1:'1 r~~ I,: Jf" .t~l " \l.ll,~ 2 0 2006 r,;;!~."'.IIV Of CLARINGTON ..:J:::L,iiYl OEPARTMENT Dear Faye: RE: Trial HeD for Beech Avenue As discussed, please accept this as a formal request to create a trial Heritage Conservation District on Beech Avenue. There is tremendous passion for maintaining the feel and appearance of Beech Avenue-a historical highlight in BO'W111anville. An HCD \....ould be an essential tool in assuring its future as a Town asset. A trial period will allow residents to become comfortable with the process and create an example for other areas of the neighbourhood. I have recently met with each of the residents on Beech Avenue and all support this initiative. As confimlation of their approval, each resident signed a letter (please see attached copies) outlining basic !enns as follows: · District would be concentrated on Beech A venue . Trial period of three years · Adoption of all guidelines outlined in the Bowmanville Heritage Conservation District Plan modified for Beech Avenue block · Success of the District and guidelines will be determined by resident feedback to the Clarington Planning Services Department Only two homes on the street are not represented: #36 is currently for sale and thus in ownership transition, and Mrs. Dunn (#40) is away recovering from recent injuries. I look forward to discussing next steps with you. Let me know if you have any questions in the meantime. 617 A IT ACHMENT 3 TO REPORT PSD-012-06 LACAC Resolution WHEREAS, Council approved in September of 2002 a multi-phase process to study the area in the northerly older section of Bowmanville, roughly a triangle bounded by Concession, Liberty and Wellington to determine the merits of its historical, socio- economic and architectural significance as a candidate for designation under Part V of the Ontario Heritage Act; WHEREAS, the Ontario Heritage Act has recently been revised and the new requirements for HCD studies and guidelines have been revised and strengthened; WHEREAS, this is the first attempt that Clarington has made at studying, preparing guidelint3s and designating an area as a Heritage Conservation District; WHEREAS, the residents of the neighbourhood have to date maintained the properties and heritage character in an exemplary manner, such that the consultants cited it. as one of the most intact examples of a turn of the century neighbourhood in Ontario, and complimented the residents on their care and stewardship of the area; WHEREAS, LACAC believes a block-by-block set of guidelines should be prepared; WHEREAS LACAC recommends Council recommit to the Old Bowmanville Neighbourhood Streetscape and Infrastructure Implementation Plan, 2001; WHEREAS, LACAC believes that an educational and promotion package should be developed and promoted for the neighbourhood and distributed to the residents and stakeholders; WHEREAS, LACAC is concerned with the implementation details of the guidelines, and that they be applied fairly and consistently across the neighbourhood and would be willing to be involved in a review committee as suggested under the guidelines; WHEREAS, there are members of LACAC that do not support the concept of any Heritage Conservation District; and NOW THEREFORE BE IT RESOLVED THAT LACAC recommends to Council that an . appropriate "pilot area" of the neighbourhood be identified and designated in co- operation with the residents to demonstrate the principles of a Heritage Conservation District while the guidelines are refined, an educational program implemented and the implementation details worked out. 618 .L-....I or f--l---' N~V.:J II I -I- 0::: => ,---8 - - 1---0 I--- Z ~ Y ~; \y~ I - - W _ f----J .- ~ IT 31V~ A~aN3H ____-Z -=> -2 -LiS ~ 0 w ._=> ~ UI--- 0::: -z -I- \-81---1 ~ ^" ! 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" J- '-- 1 ffi-_~ _w_ ..J _=>- 0:::_ a.. z == I Wo_ =-w_ - .--- >- - :;c - I-- ~t:: I- - == - '--- !zi x 0::: _ '-----. < wI-- WCD _ - -..J I--....J'-- - <( ....J - - (1)----1 T -- = L 1-0:::1 -~= w> ----' == ~ _ _ ....J gTf II =~~ ~,)~ "-- ~,)<Y. ~.s' :O,)~ ~.s' ~~ .s' ;. 0-.", t;- ., ;t ~ " ,)"<< 0,)" & t} ~ ..,.- ($:~W' :Y ~ ~() " if' ~v _ov (1 G q,~ d''V " ~"G -!J~ ~~.s' a- ~Q2 cf l\Io~ ;s'tt/o .s' ,)V41 ~ G>()'~ ~ c} ~<(; ~Q.t\ 'A \,) ~- ~q;. " (, ~ It ~<<; Cj ~o~nos :l... Q: ~~ ~~ ~ -l~~ 11 1 1m ~ ,0 CllJ!pn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, February 6,2006 Report #: PSD-013-06 File #: ZBA 2005-0044 and 18T -BB051 By-law #: Subject: REZONING AND AMENDMENT TO DRAFT APPROVED PLAN OF SUBDIVISION 18T -88051 TO PERMIT THE DEVELOPMENT OF 13 RESIDENTIAL UNITS APPLICANTS: 2075568 ONTARIO INC. AND MIDDLE ROAD DEVELOPMENTS RECOMMENDATIONS: It is respectfully recommendedJhaLtbeGener21-J=>urpose-and-Administr2tion-Committee----- recommend to Council the following: 1. THAT Report PSD-013-06 be received; 2. THAT the amendment to Draft Approved Plan of Subdivision 18T-88051, submitted by 2075568 Ontario Inc. be APPROVED subject to the conditions contained in Attachment 3; 3. THAT the rezoning application submitted by 2075568 Ontario Inc. and Middle Road Developments be APPROVED and that the proposed Zoning By-law contained in Attachment 4 to this Report be passed; 4. THAT a By-law to remove the Holding (H) symbol be forwarded to Council at such time that the applicant has entered into a subdivision agreement; 5. THAT the Mayor and Clerk be authorized by By-law, to execute an amendment to Subdivision Agreement between the Owner and the Municipality of Clarington at such time as the agreement has been finalized to the satisfaction of the Directors of Engineering Services and Planning Services; 6. THAT a copy of this Report and Council's decision be forwarded to the Region of Durham Planning Department; and 620 REPORT NO.: PSD-013-06 PAGE 2 7. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: ~~ Davi . Crome, M.C.I.P., R.P.P. Director of Planning Services 1\.... Reviewed by:{J~-~ Franklin Wu, Chief Administrative Officer TW/CP/DJC/df 31 January 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 621 REPORT NO.: PSD-013-06 PAGE 3 1.0 APPLICATION 1.1 Applicants: 2075568 Ontario Inc. and Middle Road Developments 1.2 Agent: The Biglieri Group 1.3 Amendment to Draft Approved Plan of Subdivision: From: A total of 87 lots consisting of 63 single detached lots, 12 semi- detached lots for 24 units, 4 blocks for part lots. a park block, several open space blocks and various blocks for reserves and road widenings. To: A total of 89 lots consisting of 71 single detached lots, 9 semi- detached lots for 18 units, 7 blocks for part lots. a park block, several open s~ace blocks and various blocks for reserves and road widenings. 1.4 Amendment to Zoning By-law: From: "Holding - Urban Residential Type One ((H)R1)" and "Holding - Urban Residential Exception ((H)R2-8) To: Permit the proposed amendment to the Draft Approved Plan of Subdivision. 1.5 Site Area: 1.07 hectares (2.64 acres) 2.0 LOCATION 2.1 The subject lands are located north of Longworth Avenue, west of Scugog Street and south of Mill Lane and West Scugog Lane (Attachment 1). 3.0 SITE CHARACTERISTICS AND SURROUNDING LAND USES 3.1 The lands subject to the amendments are currently vacant. The site consists of portions of two subdivision plans (18T-88051 and 1BT-87086). The lands within 18T-87086 are a triangular shaped parcel and have been registered as Block 99 of 40M-2225. The majority of the lands within 18T -BB051 are located south of Longworth Avenue and have been registered in two phases. The lands subject to this application are located north of Longworth Avenue (Attachment 2). 622 REPORT NO.: PSD-013-06 PAGE 4 3.2 Surrounding Uses: North St. Stephens High School, vacant residential lots on West Scugog Lane and existing residential dwellings on Mill Lane Residential dwellings under construction Vacant medium density residential land with residential dwellings to the east Open space lands associated with the Bowmanville Creek valley South - East West 4.0 BACKGROUND 4.1 On September Ai 2005, Staff received: . applications to amend Zoning By-law B4-63; . applications to amend both Draft Approved Plan of Subdivisions 18T -87086 and 18T-88051; and . an application to remove the holding symbol. The applicant wished to revise a portion of the Draft Approved Plan of Subdivision 18T- B8051 to permit the development of eight (B) lots and seven (7) blocks for fifteen (15) single detached dwellings, rather than three (3) lots and four (4) blocks for twelve (12) semi-detached dwellings. The closed portion of Scugog Street is to be into the development. 4.2 Through a detailed review of the application to amend Draft Approved Plan of Subdivision 18T-87086, it was determined that the subject lands have already been registered as a Block within Plan 40M-2225. Lands within a registered plan can not be the subject of an amendment to draft approval. The applicant has withdrawn the application to amend the Draft Plan of Subdivision for 1BT-87086. A Part Lot Control application has been submitted to divide the registered block to correspond with the .proposed Blocks within 18T-88051. The part lot control application will be dealt with in the future as the lands within 1BT-BB051 are registered. 4.3 The Region of Durham issued Draft Approval for Plan of Subdivision 18T-B8051 on September 11, 1990. It was subsequently amended three times on January 25, 1991, October 25, 1994 and December 17, 1998. The area subject to this application was approved for three (3) lots for six (6) semi-detached dwellings and four (4) blocks for part lots to be developed in conjunction with the lands in 18T -87086 and a portion of the Scugog Road road allowance. 4.4 On September 26, 2005, Council adopted a by-law authorizing a portion of a road allowance (Scugog Road) to be closed and conveyed to the applicant. The closed portion of the road allowance is proposed to be included within the boundary of 18T- BB051 as shown on Attachment 2. 623 REPORT NO.: PSD-013-06 PAGE 5 5.0 PROVINCIAL POLICY STATEMENT 5.1 The applications are consistent with the Housing Policies contained in Section 1.4 of the 2005 Provincial Policy Statement. Planning authorities are required to provide for a range of housing types and densities with a ten year supply of lands which are designated; and a three year supply of zoned and serviced lands within draft approved and registered plans. Land and unit supply is to be based on, and reflect population and unit allocations which are identified within the Municipality of Clarington Official Plan. New housing is to be directed to locations where infrastructure and public services are available. 6.0 OFFICIAL PLAN CONFORMITY 6.1 Durham Reaior. Official Plan The lands are designated Living Area within the Durham Region Official Plan. The predominant use of the lands within the Living Area designation shall be for housing purposes. The proposed uses conform to this plan. 6.2 Clarinaton Official Plan In the Clarington Official Plan, the subject lands are designated Urban Residential. The lands are within the Knox Neighbourhood, which has a population allocation of 5400 and a housing unit target of 1900. The Official Plan states that residential neighbourhoods shall be designed in accordance with seven criteria, including the. provision of a grid street system and a high quality urban environment along arterial roads where reverse lotting and acoustical fencing is discouraged. The proposed uses generally conform to the plan. 7.0 ZONING BY-LAW 7.1 Within the Comprehensive Zoning By-law 84-63, as amended, the lands are zoned "Holding-Urban Residential Type One ((H)R1)" and "Holding-Urban Residential Exception ((H)R2-B)". A zoning by-law amendment will be required to implement the proposed draft plan amendment and impending part lot control application. 8.0 PUBLIC MEETING AND SUBMISSIONS 8.1 A statutory Public Meeting was held on November 14, 2005. No one spoke in opposition to or in support of the application. As of the writing of this report, Staff had received one general inquiry about the application from a resident who resides in the vicinity. No objection to the application was expressed. 624 REPORT NO.: PSD-013-06 PAGE 6 9.0 AGENCY COMMENTS 9.1 The Clarington Engineering Services Division, Clarington Emergency and Fire Services Division, Veridian Connections, Enbridge Gas Distribution, Canada Post, Bell Canada, Rodgers Cable, Canada Mortgage and Housing Corporation and the Central Lake Ontario Conservation Authority have offered no comments or objections to the proposal. 9.2 The Region of Durham Planning Department offered no objection to the proposal. The Phase 1 Environmental Site Assessment Report conducted for the subject property by Golder Associates Ltd., dated October 2005, identified no issues of potential environmental concern. The draft conditions for 1BT-88051, provided on March 21, 1990, are still applicable. Condition 1 is to be amended to correspond with the revised plan. These conditions are to be complied with priorto clearance by the Region for registration. 10.0 STAFF COMMENTS 10.1 Kelman Place and Vesna Court has been planned and approved as a cul-de-sac. Given its limited infill nature, there is no opportunity to improve the connectivity as a more grid-like system. 10.2 In order for the Block registered within 1BT-B70B6 to be divided to correspond with the Blocks within 1BT -8B051, a Part Lot Control application is required. The existing subdivision agreement contains all necessary provisions to allow development of these lands. 10.3 The Noise Study submitted in support of the application recommends a 2.2 metre high acoustic fence for two lots backing onto Longworth Avenue closest to the intersection, as well as all lots backing onto Middle Road. Although both roads are designated as Type 'C' arterial roads, traffic counts provided to the Noise Consultant by the Region of Durham and Clarington Engineering Services Division revealed that car traffic would be slightly greater on Longworth Avenue and truck traffic would be greater on Middle Road. These predicted traffic counts resulted in greater predicted sound levels for the lots backing onto Middle Road, hence the difference in noise attenuation. 10.4 The Official Plan policies generally discourage reverse lotting and acoustical fencing along arterial roads. As noted previously, given the previous approvals and the infill nature of the development there is no opportunity to avoid the reverse lotting. The lots at the end and south side of Vesna Court back onto arterial roads which creates the need for an acoustic fence along the rear yards to mitigate the impact of noise generated from traffic. This will result in a minimum 2.2 metre high walled streetscape at a prominent intersection. 10.5 In order to help mitigate the appearance of this walled streetscape staff have required landscape blocks to be dedicated to the Municipality of Clarington along both Middle 625 REPORT NO.: PSD-013-06 PAGE 7 Road and Longworth Avenue. Due to shallow lot depths the block along Longworth Avenue will be 2.5 metres and the blocks along Middle Road will be 3.0 metres. These blocks will provide adequate space for planting coniferous trees to help break up the expansive noise wall and improve the urban environment. The indentation in the boulevard will ensure that the position of the trees will not hinder Operations Services staff while doing routine boulevard maintenance. Coniferous trees require little maintenance and will provide colour throughout the year. A condition of approval requires the submission of a landscape that will include planting in these blocks and at the intersection. To further address staff's concern regarding the acoustical fence, in addition to agreeing to provide the landscape blocks, the applicant's proposed the acoustical fence be cons~ructed with masonry pillars. Staff support this feature and will review the fence design details with the applicant to ensure the fence is provides a higher design standard for this prominent intersection. 10.6 The Finance Department has indicated that the taxes are up to date for the subject properties. 11.0 RECOMMENDATIONS 11.1 Prior to scheduling a recommendation report to Committee and Council on a draft plan of subdivision application, a list of the proposed conditions of draft approval were submitted to the applicant for their review and concurrence with the same. The purpose of this exercise is to determine if there are any conditions of draft approval that the applicant does not agree with and that they be identified for further discussion purposes. The applicant has provided concurrence with the attached Conditions of Draft Approval. . 11.2 In consideration of the comments received from circulated agencies and review of the proposal, staff recommend: . Approval of the amendment to Draft Approved Plan of Subdivision 18T-B8051, as contained in Attachment 2, subject to the conditions contained in Attachment 3; and . Rezoning the subject lands within the plan of subdivision, as contained in Attachment 4. Attachments: Attachment 1 - Key Map Amendment to Draft Approved Plan Attachment 2 - Plan of Subdivision 1BT-88051, as redlined Attachment 3 - Conditions of Draft Approval Attachment 4 - Zoning By-law Amendment List of interested parties to be advised of Council's decision: 207556B Ontario Inc. Middle Road Developments Inc. The Biglieri Group 626 .~~_~;,-~~€. ,.'-.6> ~ '" - -- - -= - -GoG ,- ,- ~ c::. ~ "~Si.!~C~,..,-'- ~ ~ \ ~ PART 4, '\ \ Q ~ 18T-87086 \ \ ~ ~ ~ B~~ - - PROPOSED ROAD _ ALLOWANCE CLOSURE TO BE CONVEYED TO 18T -88051 \ \- \ \ \ \ \ ~ 3U- ...- ) Bowmanville Key Map Attachment 1 To Report PSO-o13-06 B~~ \ .~~ \\ -<# ~ " ~ ..#~~\ \~ ~ ~\ /' \ ~ ~: \ -~\ t.--~\ \ /1.. c\.. \ " \ ~ ~ ~ ZBA 2005-0044 ZONING BY-LAW AMENDMENT Owner: 2075568 Ontario Inc. and 18T -88051 DRAFT PLAN OF SUBDIVISION Owner: 2075568 Ontario Inc. and 18T -87086 DRAFT PLAN OF SUBDIVISION Owner: Middle Road Developments Inc. Attachment 2 To Report PSD-Q13-Q6 I: o - " - i ~ "~ '" lie E..I " . II. ,,2::; f~': 11II _I :I., 0 0: -!'II.. cD "," VI .. !'O =~ .. ZO .~I:l ..... 0" ct,. 0" o uE '1:: III I: .Il!. .. = '1:.."'11 u.! "'I E"U'l~ 1.1.. -o~ c.IZ 'aD. CD ,,!! ~i ~: c I: CD" f " i_Ii C .J '=IO~~.!. lL E""=O!.!! )011I ..fJ:CDcll=r ~"""!III ~ J'J h f J III I " I i m ~ ;i! ~J;l. ; ~~ ~ n~~tq~ I ; n: ~ I Ii i i p 'j I I :) I'l'l ~, I II "" · ~ i !ddl I g III!!! ~ ~ii! P I i II U I . ! zg U~ I ~ ! n I J ! ;ul J ; Will I ~ Ih.lli ~ IlilJ!J ~ ~ dll& II I =!f pi! ~ 11 I ~ III = IIJ II i If. II B ~I! 18 ~ ~ J 18 ~J C IH ~~ i II ~ I &ili ! Iii; I Ji I IJi f.) I n LI I d I gill ~ ,! iil II lill I:; .1 I; III ~ f : I j ~ I .' II ".. ".':'>:.::,~:<": :.-' ~~ ~~. .~:~ 628 Attachment 3 To Report PSD-013-06 Revision No.3 to Draft Approved Plan of Subdivision 18T-88051 REVISED CONDITIONS OF DRAFT APPROVAL Condition No. 1 is deleted and replaced with a new Condition No. 1 as follows: "1. That this approval applies to Draft Plan of Subdivision 1BT-BB051, prepared by G.M Sernas & Associates Ltd.. identified as Project No. 94006 approved on September 11, 1990, as amended on October 25. 1994 and December 17, 199B, is further amended in accordance with Drawing 2592 dated August 23, 2005 and revised on January 16, 2005 prepared by The Biglieri Group Ltd. which illustrates 71 lots for 71 single detached units, 9 lots for 1B semi-detached units, 7 Blocks for part lots, a park block, several open space blocks. and various blocks for reserves and road widenings." Condition No.4 is deleted and replaced with a new Condition NO.4 as follows: "4. That Blocks 91 to 93, and 10B be dedicated as public highway(s) for the purpose of widening Mill Lane and Scugog Streets." Condition Nos. 7, 14, 18 and 19 are deleted in their entirety and the existing conditions are re- numbered accordingly. The original Condition No. 13 is deleted and replaced with a new Condition No. 12 as follows: "12. That the Owner shall retain a qualified landscape architect to prepare and submit a Landscaping Plan to the Director of Engineering Services and the Director of Planning Services for review and approval. The Landscaping Plan shall include coniferous plantings within Block 10B and within the Boulevard area adjacent to Block 102. The noise fence is to be designed with enhanced detailing. The Landscaping Plan shall reflect the design criteria of the Municipality as amended from time to time." The following new conditions are added after Condition No. 22 as renumbered: "23. That prior to the issuance of building permits, access routes to the subdivision must be provided to meet Subsection 3.2.5.2(6) of the Ontario Building Code and. that all watermains and hydrants are fully serviced and the Owner agrees that during construction, fire access routes be maintained according to Subsection 2.5.1.2 of the Ontario Fire Code, storage of combustible waste be maintained as per Subsection 2.4.1.1 and open burning as per Subsection 2.6.3.4 of the Ontario Fire Code." "24. That the Owner shall provide the Municipality, at the time of execution of the subdivision agreement unconditional and irrevocable, Letters of Credit acceptable to the Municipality's Treasurer, with respect to Performance 629 Guarantee. Maintenance Guarantee, Occupancy Deposit and other guarantees or deposit as may be required by the'Municipality." "25. That the Owner shall pay to the Municipality, the development charge in accordance to the Development Charge by-law as amended from time to time, as well as payment of a portion of front end charges pursuant to the Development Charge Act if any are required to be paid by the Owner." "26. Prior to final approval, the proponent shall engage a qualified professional to carry out to the satisfaction of the Ministry of Citizenship, Culture and Recreation, an archaeological assessment of the entire property and mitigate, through preservation or resource removal and documentation, adverse impacts to any significant archaeological resources found. No demolition, grading or other soil disturbances shall take place on the subject property prior to the Ministry of Citizenship, Culture and Recreation confirming that all archaeological resource concern5 have been met including licensing and resource conversation req u irements." "27. That the Owner shall provide and install sidewalks, street lights, temporary turning circles etc. as per the Municipality's standards and criteria." "2B. That the Owner shall cause all utilities. including, hydro, telephone, Cable TV, etc. to be buried underground." "29. Prior to anyon-site grading or construction or final registration of the plan, the Owner shall submit and obtain approval from the Municipality of Clarington, and the Central Lake Ontario Conservation Authority for reports describing the following: a) the intended means of conveying storm water flow from the site, including use of storm water techniques which are appropriate and in accordance with the provincial guidelines. The storm water management facilities must be designed and implemented in accordance with the recommendations of The Master Plan; b) the anticipated impact of the development on water quality. as it relates to fish and wildlife habitat once adequate protective measures have been taken; c) the means whereby erosion and sedimentation and their effects will be minimized on the site during and after construction in accordance with the provincial guidelines. The report must outline all actions to be taken to prevent an increase in the concentration of solids in any water body as a result of on-site or other related works, to comply with the Canada Fisheries Act; and d) on-site groundwater conditions and contributions to the base flow of Creek. and necessary measures to maintain these contributions." 630 The original Condition No. 28 is deleted and replaced with a new Condition No. 30 as follows: "30. Prior to final approval of this plan for registration, the Director of Planning Services for the Municipality of Clarington shall be advised in writing by: a) The Region of Durham, how Conditions 18, 19, 21 and 26 have been satisfied; b) Central Lake Ontario Conservation Authority, how Conditions 10. 11, 15. 16, 17.22 and 29 have been satisfied." Note No.4 is deleted and replaced with a new Note No.4 as follows: "4. If final ?....proval is not given to this plan within three years of the draft approval date, and no extensions have been granted, draft approval shall lapse and the file shall be CLOSED. Extensions may be granted provided valid reason is given and is submitted to the Director of Planning Services for the Municipality of Clarington well in advance of the lapsing date:" Note No.5 is deleted and replaced with a new Note NO.5 as follows: "5. Where agencies' requirements are required to be included in the local municipal subdivision agreement, a copy of the agreement shall be sent to the agencies in order to facilitate their clearance of conditions for final approval of this plan. The addresses and telephone numbers of these agencies are: a) Region of Durham Planning Department, 605 Rossland Road East. P.O. BOX 623, Whitby. Ontario, L 1 N 6A3 - (905) 668-7711. b) Central Lake Ontario Conservation Authority, 100 Whiting Avenue. Oshawa. Ontario, L 1 H 3T3 - (905) 579-0411." Consolidated conditions of draft approval have been prepared as an attachment to this amendment to summarize all amendments made to date. Also, please note that all references to the Town of Newcastle have been replaced with the Municipality of Clarington. and that the Central Lake Ontario Conservation Authority will clear the Ministry of Natural Resources conditions of approval. The other conditions remain unchanged. 631 CONSOLIDATED CONDITIONS OF DRAFT APPROVAL Revised Draft Plan of Subdivision 18T-88051 Part Lot 11, Concession 2, Former Town of Bowmanville 1. That this approval applies to Draft Plan of Subdivision 1BT-BB051, prepared by G.M Sernas & Associates Ltd., identified as Project No. 94006 approved on September 11. 1990, as amended on October 25, 1994 and December 17. 1998, is further amended in accordance with Drawing 2592 dated August 23. 2005 and revised on January 16, 2005 prepared by The Biglieri Group Ltd. which illustrates 71 lots for 71 single detached units, 9 lots for 18 semi-detached units. 7 Blocks for part lots, a park block, several open space blocks, and various blocks for reserves and road widenings. 2. That the road allowances included in this draft plan shall be dedicated as public highways. 3. That the road allowances included in this draft plan shall be named to the satisfaction of the Regional Municipality of Durham and the Municipality of Clarington. 4. That Blocks 91 to 93. and 108 be dedicated as public highway(s) for the purpose of widening Mill Lane and Scugog Streets. 5. That 0.3 metre reserve(s). shown as Blocks 85 to 90 on the draft plan, shall be conveyed to the Municipality of Clarington. 6. That any deadends and/or open sides of road allowances created by this draft plan shall be terminated in 0.3 metre reserve(s) to be conveyed to the Municipality of Clarington. 7. The Owner agrees that where the well or private water supply of any person is interfered with as a result of construction or the development of the subdivision, the Owner shall at his expense. either connect the affected party to municipal water supply system or provide a new well or private water system so that water supplied to the affected party shall be of quality and quantity at least equal to the quality and quantity of water enjoyed by the affected party prior to the interference. 8. That such easements as may be required for utilities, drainage and servicing purposes shall be granted to the appropriate authorities. 9. That the land uses shown on the approved draft plan shall be placed in appropriate zoning categories in a Zoning By-law passed by the Council of the Municipality of Clarington in accordance with the Planning Act 1983, as amended. 10. That the Zoning By-law referred to in Condition 9 shall contain the appropriate provisions to place in an EP zone and restrict any building or structure, other than those necessary for flood or erosion control. on Blocks 81, 82, 83 and 84. 11. That Block BO shall be dedicated to the Municipality of Clarington, and Blocks 81, 82, B3 and B4 shall be dedicated to the Central Lake Ontario Conservation Authority. 632 12. That the Owner shall retain a qualified landscape architect to prepare and submit a Landscaping Plan to the Director of Engineering Services and the Director of Planning Services for review and approval. The Landscaping Plan shall include coniferous plantings within Block 108 and within the Scugog Street Boulevard adjacent to Block 102. The noise fence is to be designed to include enhanced detailing. The Landscaping Plan shall reflect the design criteria of the Municipality as amended from time to time. 13. That the Owner submit to the Municipality of Clarington for review and approval, a Master Drainage and Lot Grading Plan prepared by a professional engineer. 14. That the Owner submit to the Municipality of Clarington for review and approval, a Tree Preservation Plan prepared by a qualified consultant. 15. That the Owner resubmit modified storm water management. drainage and erosion control plans, acceptable to the Ministry of Natural Resources and the Central Lake Ontario Conservation Authority. 16. That the Owner carry out a geotechnical/slope stability analysis to the satisfaction of the Central Lake Ontario Conservation Authority. 17. That the Owner satisfy the Central Lake Ontario Conservation Authority that no lots abutting Block B1 shall be flood-prone under the greater of Regional or 100-year storm conditions. 18. That thee Owner shall provide for the extension of such sanitary sewer and water supply facilities which are external to. as well as within, the limits of this plan that are required to service this plan. In addition. the Owner shall provide for the extension of sanitary sewer and water supply facilities within the limits of the plan which are required to service other developments external to this subdivision. Such sanitary sewer and water supply facilities are to be designed and constructed according to the standards and requirements of the Regional Municipality of Durham. All arrangements. financial and otherwise. for said extensions are to be made to the satisfaction of the Regional Municipality of Durham, and are to be completed prior to final approval of this plan. 19, That prior to entering into a subdivision agreement, the Regional Municipality of Durham shall be satisfied that adequate water pollution control plant and water supply plant capacities are available to the proposed subdivision. 20. That prior to final approval of this plan, the Owner shall satisfy all requirements, financial and otherwise, of the Municipality of Clarington. This shall include. among other matters, the execution of a subdivision agreement between the Owner and the Town concerning the provision and installation of roads. services. drainage and other local services. 21. That prior to final approval of this plan, the Owner shall satisfy all requirements, financial and otherwise. of the Regional Municipality of Durham. This shall include. among other matters, the execution of a subdivision agreement between the Owner and the Region 633 concerning the provision and installation of sanitary sewers, water supply, roads and other regional services. 22. That the subdivision agreement between the Owner and the Municipality of Clarington shall contain. among other matters the following provisions: a) The Owner shall carry out, or cause to be carried out, to the satisfaction of the Ministry of Natural Resources and Central Lake Ontario Conservation Authority, the recommendations referred to in the report required in Condition 15. b) The Owner shall carry out, or cause to be carried out, to the satisfaction of the Central Lake Ontario Conservation Authority. the recommendations of the Northwest Bowmanville Master Drainage Plan. c) The Owner shall carry out, or cause to be carried out, to the satisfaction of the Central Lake Ontario Conservation Authority. the recommendations of Condition 16. d) That the Owner agrees to neither dredge, dam nor alter in any way the tributary of Bowmanville Creek without prior written authorization from the Ministry of Natural Resources according to the terms of the Lakes and Rivers Improvement Act. e) That the Owner agrees to notify the Lindsay Ministry of Natural Resources office at least 48 hours prior to the initiation of anyon-site developments. 23. That prior to the issuance of building permits, access routes to the subdivision must be provided to meet Subsection 3.2.5.2(6) of the Ontario Building Code and, that all watermains and hydrants are fully serviced and the Owner agrees that during construction, fire access routes be maintained according to Subsection 2.5.1.2 of the Ontario Fire Code, storage of combustible waste be maintained as per Subsection 2.4.1.1 and open burning as per Subsection 2.6.3.4 of the Ontario Fire Code. 24. That the Owner shall provide the Municipality. at the time of execution of the subdivision agreement unconditional and irrevocable, Letters of Credit acceptable to the Municipality's Treasurer, with respect to Performance Guarantee, Maintenance Guarantee. Occupancy Deposit and other guarantees or deposit as may be required by the Municipality. 25. That the Owner shall pay to the Municipality. the development charge in accordance to the Development Charge by-law as amended from time to time, as well as payment of a portion of front end charges pursuant to the Development Charge Act if any are required to be paid by the Owner. 26. Prior to final approval. the proponent shall engage a qualified professional to carry out to the satisfaction of the Ministry of Citizenship, Culture and Recreation, an archaeological assessment of the entire property and mitigate, through preservation or resource removal and documentation, adverse impacts to any significant archaeological resources found. No demolition, grading or other soil disturbances shall take place on the subject property prior to the Ministry of Citizenship, Culture and Recreation 634 confirming that all archaeological resource concerns have been met including licensing and resource conversation requirements. 27. That the Owner shall provide and install sidewalks, street lights, temporary turning circles etc. as per the Municipality's standards and criteria. 28. That the Owner shall cause all utilities. including, hydro, telephone. Cable TV, etc. to be buried underground. 29. Prior to anyon-site grading or construction or final registration of the plan, the Owner shall submit and obtain approval from the Municipality of Clarington. and the Central Lake Ontario Conservation Authority for reports describing the following: a) the inter"'~l3d means of conveying storm water flow from the site, including use of storm water techniques which are appropriate and in accordance with the provincial guidelines. [The storm water management facilities must be designed and implemented in accordance with the recommendations of the Master Plan]; b) the anticipated impact of the development on water quality, as it relates to fish and wildlife habitat once adequate protective measures have been taken; c) the means whereby erosion and sedimentation and their effects will be minimized on the site during and after construction in accordance with the provincial . guidelines. The report must outline all actions to be taken to prevent an increase in the concentration of solids in any water body as a result of on-site or other related works, to comply with the Canada Fisheries Act; and d) on-site groundwater conditions and contributions to the base flow of Creek, and necessary measures to maintain these contributions. 30. Prior to final approval of this plan for registration, the Director of Planning Services for the Municipality of Clarington shall be advised in writing by: a) The Region of Durham, how conditions 18. 19, 21 and 26 have been satisfied; b) Central Lake Ontario Conservation Authority, how Conditions 10,11,15,16,17.22 and 29 have been satisfied; NOTES TO DRAFT APPROVAL 1. As the Owner of the proposed subdivision. it is in your interest. as well as your responsibility, to satisfy all conditions of draft approval in an expeditious manner. 2. All plans of subdivision must be registered in the Land Titles system within the Regional Municipality of Durham. 3. When the municipality completes the preparation of the Zoning By-law referred to in Conditions 9 and 10, said By-law must be circulated to the Central Lake Ontario Conservation Authority and the Ministry of Natural Resources to facilitate clearance of the above-noted Condition. 635 4. If final approval is not given to this plan within three years of the draft approval date, and no extensions have been granted, draft approval shall lapse and the file shall be CLOSED. Extensions may be granted provided valid reason is given and is submitted to the Director of Planning Services for the Municipality of Clarington well in advance of the lapsing date. 5. Where agencies' requirements are required to be included in the local municipal subdivision agreement, a copy of the agreement shall be sent to the agencies in order to facilitate their clearance of conditions for final approval of this plan. The addresses and telephone numbers of these agencies are: a) Region of Durham Planning Department, 605 Rossland Road East, P.O. BOX 623, Whitby, Ontario, L 1 N 6A3 - (905) 668-7711. b) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa, Ontario, :...1 H 3T3 - (905) 579-0411. 636 Attacnment .q To Report PSD-013-0E CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2006 being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle WHEREAS th~ 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 former Town of Newcastle to implement ZBA2005-0044; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "3" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Urban Residential Type One (R1)", "Holding - Urban Residential Type One ((H)R1)" and "Holding - Urban Residential Exception ((H)R2-8)" to "Holding- Urban Residential Type Two ((H)R2)" and "Holding - Urban Residential Exception ((H) R2-9)". 2. Schedule "A" attached hereto shall form part of this By-law. BY -LAW read a first time this day of 2006 BY-LAW read a second time this day of 2006 BY-LAW read a third time and finally passed this day of 2006 John Mutton, Mayor Patti L. Barrie, Municipal Clerk 637 This is Schedule "A" to By-law 2005- passed this day of .2005 A.D. , ~ " 8 7 / \. , / " r$fS~\! 15.000 I 6 9 , i / , .~ ,,/ ~ - < 'to~ "'J-j';/ # / \.--- ----1 \' ~ 5 " I .~ /' 10 S! I . /' /' i5 j /' .__-- , y ~ 4 .--~, \"' 11 '-"Q, "" '\./" 'e /', /' .~':>/' -: DIWT PLAN~6VED /' 12'~ -;:\!8T-88051/40M- .JP~ 3 ~ LONGWORTH ESTA~sr /' 13.~.....\ ~ r /' ~~ /'~ \ ~ \ ~ 3 /' 14 .~ \ ~ \ \ .,,:>.09.- . /'.OQ .7 c /' \?'. /' 2 p~ ~ "Z '('" ~ .~ \ ~ \ .~ ~~ /' ~ 15 /' ---'\ 'l.cii' \...- /' '-:;, ,,~./" ~ \ '" .~ .). \ ~ '\ _ \ ''1l-, ~ Zoning Change From "(H)R2-S" To "(H)R2" ~ Zoning Change From "(H)R1" To "(H)R2" ~ Zoning Change From "R1" To "(H)R2" t~:~:~~~:~:~~~~~:~1 Zoning Change From "R1" To "(H)R2-9" John t.lutton. t.loyor Patti L. Barrie. t.lunicipol Clerk .... J on ~ ~ 0 ffi .. LONGWORTH Al/ENuE ~ .. 5 Lc ct. h Bowmanville 638 '-J Cl~pn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, February 6.2006 Report #: PSD-014-06 File #: ZBA 2005-030 and COPA 2005-007 By-law #: Subject: APPLICATIONS TO AMEND THE ClARINGTON OFFICIAL PLAN AND ZONING BY- LAW TO PERMIT THE WESTERLY EXPANSION OF WILMOT CREEK COMMUNITY WITH APPROXIMATELY 66 ADDITIONAL SINGLE DETACHED DWELLING UNITS APPLICANT: RIDGE PINE PARK INC. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-014-06 be received; 2. THAT Amendment No. 48 to the Clarington Official Plan as submitted by Ridge Pine Park Inc. to expand westerly the Wilmot Creek Adult Lifestyle Community by extending the Urban Residential area and Special Policy Area B to the west and to place a District Park symbol on the area of the Municipal Waterfront Park as contained in Attachment 2 be ADOPTED; 3. THAT the rezoning application submitted by Ridge Pine Park Inc. be APPROVED and that the Zoning By-law Amendment as contained in Attachment 3 be adopted by Council; 4. THAT a By-law to remove the Holding (H) symbol be forwarded to Council at such time that the applicant has satisfied the provisions of Section 23.4.3 of the Official Plan including executing a site plan agreement; and 5. THAT all interested parties listed in Report PSD-014-06. any delegations. and the Regional Municipality of Durham Planning Department be advised of Council's decision. Submitted by: . Dafld Crome. MCIP, R.P.P. Director of Planning Services Reviewed by: o~~ Franklin Wu. Chief Administrative Officer BR/CP/DJC/sh/df January 31. 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 639 REPORT NO.: PSD-014-06 Page 2 1.0 APPLICATION DETAILS 1.1 Owner: Ridge Pine Park Inc. 1.2 Applicant: (same as owner) 1.3 Clarington Official Plan Amendment: To redesignate lands from Waterfront Greenway to provide for the westward expansion of the Urban Residential designation subject to Special Policy Area B (Wilmot Creek Community) and to add a District Park symbol. 1.4 Rezoning: Appropriate to permit proposed 66 residential unit development. 1.5 Area: Area to be developed: 6.48 hectares (16.02 acres). 1.6 Location: The area to be developed is at the western limits of Wilmot Creek Community in Part of Lot 4, Broken Front Concession, former Township of Darlington. 2.0 BACKGROUND 2.1 On June 24, 2005, the Planning Services Department received from Ridge Pine Park Inc. an application to amend the Clarington Official Plan and an application to rezone the area for expansion of the "gated" residential community. The official plan amendment application was submitted to provide for the westward expansion of the Urban Residential designation within Special Policy Area B on lands currently designated Waterfront Greenway. The rezoning was submitted to permit approximately 66 dwellings, all single detached, and related private streets in the 6.483 hectares (16.02 acres) area to be developed. It is proposed that the balance of the site of 7.287 hectares (18.01 acres) be acquired for municipal park purposes. Supporting documents submitted were: . Phase 1 Environmental Site Assessment, . Noise Feasibility Study; . Geotechnical Investigation and Slope Stability Analysis Report (with an Addendum), . Functional Servicing Report. . Archaeological Report; and . Traffic Impact Study. On January 25, 2006. the Planning Services Department received from Ridge Pine Park Inc. a Site Plan Approval application which detailed the development. 640 REPORT NO.: PSD-014-06 Page 3 2.2 A public meeting for the proposed official plan amendment and rezoning was held on September 19, 2005. Two Wilmot Creek Community residents spoke at the meeting. The first resident spoke in opposition to the application since he felt the new subdivision was in "greenbelt protected lands" and that more agricultural land was being used for residential purposes. The second resident, the President of the Wilmot Creek Homeowners Association. spoke in support of the application but did note that the Community's existing residential facilities will not accommodate the needs of an expanded community and therefore, the facilities should be expanded. David Rice spoke on behalf of Ridge Pine Park Inc. and gave an overview of the application, noting the proposal is not within the Greenbelt but rather, within the Urban Area. He commented that Ridge Pine Park Inc. is committed to: building both the Waterfront Trail in the vicinity of the residential community and an addition to .:: Ie Community's recreation facilities building. No commercial uses are proposed for the area. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The area to be developed is currently vacant. 3.2 The surrounding land uses are as follows: North: eN Railway South: One dwelling on a rural residential lot and Lake Ontario East: West End of Wilmot Creek Community West: the above referenced lot and Bennett Road 4.0 PROVINCIAL POLICY STATEMENT CONFORMITY 4.1 The proposed development is within an urban area and abutting a fully serviced settlement area is. in short, a land use efficiency. consistent with the policy statement. 5.0 OFFICIAL PLAN CONFORMITY 5.1 The Durham Regional Official Plan designates the proposal area as Living Area and the applications conform. 5.2 The Clarington Official Plan designates all of the property as Waterfront Greenway within an urban area. The predominant use of land is for recreation. tourism uses, conservation and agricultural uses. The proposed use does not conform. hence this application. The lands east of the subject property are Urban Residential within Special Policy Area B. The Special Policy Area recognizes the private leasehold community catering to seniors or retired 641 REPORT NO.: PSD-014-06 Page 4 residents. The Clarington Official Plan identifies the property along the edge of Lake Ontario as Regulatory Shoreline. Policies of the Waterfront Greenway designation require new development to provide public access to th~ waterfront, protect natural and cultural heritage resources and ensure land use compatibility. 6.0 ZONING BY-LAW COMPLIANCE 6.1 The property is zoned "Agricultural (A)". The proposal for approximately 66 additional detached dwellings does not conform, hence, this rezoning application. 7.0 AGENCY COMMENTS 7.1 The rezoning application was circulated to various agencies and other departments by the Planning Services Department. Rogers Cable and Clarington Emergency and Fire Services have no objections. Other comments received to date are as follows. 7.2 Having reviewed the Traffic Impact Study, the Ministry of Transportation has no objections. 7.3 Bell Canada and Enbridge Gas have no objections subject to the conditions of site plan approval. 7.4 Clarington Engineering Services advised they have no concerns regarding the proposal. The existing municipal roadways are rural and not urban and the absence of storm sewers combined with no upgrading plans in the foreseeable future led the Department to request that no approval be provided at this time. 7.5 C.N Rail is satisfied with the Noise Feasibility Study, as revised, and an agreement between C.N. Rail and Ridge Pine Park Inc. is being executed at this time. 7.6 Regional Planning has determined that the proposed residential development is situated within the "Living Area" designation. The remainder of the site is within the 'Waterfront - Major Open Space" designation. A Noise Study regarding the C.N. Railway line is required, has been submitted, and has been found to contain appropriate noise control measures including necessary warning clauses to inform future owners. An archaeological assessment is required. Shoreline and erosion control measures are to be addressed to the satisfaction of the Conservation Authority and the Municipality. Water supply and sanitary sewer service is available as internal services privately maintained by Ridge Pine Park Inc. The applicant will be responsible for any external upgrades required to provide adequate servicing for their proposed expansion. This application is considered to have no significant Regional or Provincial concerns and therefore, is exempt from Regional approval. 642 REPORT NO.: PSD-014-06 Page 5 7.7 Central Lake Ontario Conservation is generally satisfied with Terraprobe's original report as augmented by Terraprobe's supplemental report and has no objections regarding slope stability setbacks. The remaining concerns for drainage into the ravine and potential erosion will have to be addressed in the design of the storm water system. 8.0 STAFF COMMENTS 8.1 Wilmot Creek Community is almost entirely built out. Phases 1 to 6, together with the proposed westerly expansion (Phase 7) of Wilmot Creek Community, will generate fewer total dwelling units (944) than was originally envisioned for the Community through the Clarington Official Plan and its dwelling unit maximum of 9(30 units. B.2 The proposed 66 single detached dwellings is consistent with the housing form in the majority of the development, 916 dwelling units being single detached, and the remaining small number of dwelling units being either similar low density - 12 semi-detached, or medium density - 16 townhouses. B.3 Waterfront access and open space are imperatives of Council and the proposed Waterfront District Park will meet these requirements for this part of the lakeshore. Ridge Pine Park Inc. will construct a portion of the waterfront trail from Bennett Road to connect with the South Service Road providing for a missing link in the trail system. The Waterfront Trail's improvement and integration, other critical objectives of Council, are being secured in the Waterfront Park lands being acquired by the Municipality. B.4 An emergency access route to the development will be constructed by Ridge Pine Park over the municipal park area along the railway corridor. It will be used, if necessary, by emergency response vehicles to access the Wilmot Creek Adult Lifestyle Community or by residents in the event of an evacuation. The primary access route remains along Wilmot Creek Drive. B.5 Clarington Engineering Services identified concerns with the proposal as a result of the rural standards of the existing municipal road infrastructure in the area. Expansion to the retirement community will mean additional residents, additional traffic and additional pressure for the Municipality to urbanize Wilmot Creek Drive and Bennett Road from the development to Highway 2. B,6 The storm water management pond to service these lands is located within the park. The storm water management pond is to be designed toa high amenity standard, including considerable landscaping, to the satisfaction of the Director of Engineering Services. When the precise area of the pond has been determined through the final design, the applicant will reimburse the Municipality for the portion of the purchase price 643 REPORT NO.: PSD-014-06 Page 6 associated with the lands for the storm water pond and the parkland dedication requirement. 8.7 The development is setback from Lake Ontario to accommodate the Regulatory Shoreline and erosion allowance. The proposed setback for the regulatory shoreline, as described in the Geotechnical Investigation and Slope Stability Analysis Report, and Addendum, is acceptable to both the Conservation Authority and the Municipality and in this way addresses the presence of the regulatory shoreline area. 8.8 Staff is satisfied that for the purposes of the Clarington Official Plan Amendment and the Zoning By-law Amendment the proposal has been sufficiently finalized to proceed with approval. Details, such as final storm water management design, that remaii-, ~0 be completed can be dealt with through site plan approval. The use of the Holding Symbol on the Residential Zone in conjunction with the Site Plan Approval process will ensure all municipal requirements are satisfied. 8.9 The Finance Department advises that the taxes for the subject property have been paid in full. 9.0 CONCLUSION 9.1 The applications have been reviewed in consideration of the comments received from area residents, the circulated agencies, the Clarington Official Plan and Zoning By-law B4-63. In consideration of the comments contained in this report, staff respectfully recommends the adoption of the Official Plan Amendment 48 as contained in Attachment 2, and the rezoning by-law as contained in Attachment 3. Attachments: Attachment 1 - Site Location Key Map and Site Plan Attachment 2 - Proposed Amendment No. 4B to the Clarington Official Plan Attachment 3 - Zoning By-law Amendment Interested parties to be notified of Council's decision: Mr. Ufton Mr. Bruce Hadji Linda Gasser Ridge Pine Park Inc. Sernas Associates Clarington Industrial Services Inc. Mark and Kisbee Barristers and Solicitors Bernie Hirseland, McGraw Hill Construction Jim Reinger 644 ...- ..----- ...-"-- ...-'" ! I. d: ~I ~: ~ : I : I I I EMERGENCY ACCESS ( \ "'. r \ ~.) . \-- \ \ \ ~ I """ r \. " ""---- -" ..--- J -- Attachment #1 To Report # PSD-114-06 =-" " LAKE ONTARIO Newcastle Key Map o 13 0:: E z z W lD LAKE ONTARIO COPA 2005-007 Clarington Official Plan Amendment ZBA 2005-030 Zoning By-law Amendment D Lands Subject to Application [ ] Wilmot Creek Retirement Community Expansion Area Owner: Ridge Pine Park Attachment 2 To Report PSD-014-06 AMENDMENT NO. 48 TO THE CLARINGTON OFFICIAL PLAN PURPOSE: The Amendment implements the following land use changes: · The Urban Residential area and Special Policy Area B coinciding with the Wilmot Creek Adult Lifestyle Community is expanded onto lands to the west thereof and south of the CNR in order to permit the expansion of the Wilmot Creek Community, . A District Park symbol is to be placed on the area of a future Municipal Waterfront Park. BASIS: The Amendment is based on an application submitted by Ridge Pine Park Inc., the owners of Wilmot Creek Adult Lifestyle Community. LOCATION: The Amendment applies to approximately 14 hectares (34 acres) in Part Lot 4, Broken Front Concession, Former Township of Darlington, east of Bennett Road, south of the eN Railway and west of the existing Wilmot Creek Community. The Phase 7 or westward expansion of Wilmot Creek Community applies to an area approximately 6 hectares (15 acres) in the east half of the above property. The balance of the property in the west half is to remain Waterfront Greenway but it will have a District Park symbol. ACTUAL AMENDMENT: The Clarington Official Plan is hereby amended as follows: 1. By amending Map A 1 (Darlington) Land Use as shown on Exhibit "A": IMPLEMENTATION: The provIsions set forth in the Clarington Official Plan, as amended, regarding the implementation of the Plan. shall apply in regard to this Amendment. INTERPRETATION: The provisions ~et forth in the Clarington Official Plan, as amended. regarding the interpretation of the Plan, shall apply in regard to this Amendment. 646 Attachment 2 To Report PSD-014-06 EXHIBIT "A" AMENDMENT No. 48 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN MAP A 1 (DARLINGTON), LAND USE, DARLINGTON RURAL AREA LOTS LOT 4 LOT 3 LOT 2 Cl <( o a::: HIGHWAY 401 Cl a::: ~ <..> a::: z o en en w u z o U I- Z .0 c::: Ll- Z W ~ o c::: OJ Add District Park Symbol Redesignate To Urban Residential Revise Boundary Of Special Policy Area "B" 647 rULQI..IIIIICIIL oJ To Report PSD-014-06 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2006- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle 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 former Town of Newcastle to implement application ZBA 2005-030; NOW THE.REFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. SF-.:~n 13.4 "SPECIAL EXCEPTION - URAN RESIDENTIAL TYPE TWO (R2) ZONE" is hereby amended by adding thereto, the following new Special Exception 13.4.42 as follows: "13.4.42 URBAN RESIDENTIAL EXCEPTION (R2-42) ZONE" For the purposes of establishing density, the total number of dwelling units in the R2-16, R4-20 and R2-42 zones shall not exceed 960 mobile home/single detached dwellings. A) PERMITTED USES Only single detached dwellings are permitted. B) REGULATIONS FOR PERMITTED USED Each single detached dwelling shall be located on a single land-leased parcel. For the purposes of this exception zone, the following specific regulations shall apply as if the land-leased parcels are lots: a) Site Area (minimum) 400 square metres b) Site Coverage (maximum) 45% c) Landscape Open Space (minimum) 30% d) Gross Floor Area (minimum) 80 square metres e) Yard Requirements (minimum) i) Front and Exterior Side Yards 4.5 metres to dwelling and 1.0 metres to garage or carport ii) Rear Yard 7.5 metres Hi) Sid~ Yard that abuts a Residential Zone 1.5 metres iv) Side Yard that abuts a Non-Residential Zone 3.0 metres 1) Building Height (maximum) 10.0 metres g) For the purposes of this By-law a carport shall mean a roofed enclosure which may be attached or detached to a single detached dwelling, used for the storage or parking of a motor vehicle and has at least 40% of its total perimeter open and unobstructed. 648 2. Schedule "1" to By-law 84-63, as amended. is hereby further amended by changing the zone designation from "Agricultural (A) Zone" to "Holding-Urban Residential Exception ((H)R2-42) Zone" and "Environmental Protection (EP) Zone" as illustrated on the attached Schedule "A" hereto. 3. Schedule "A" attached hereto shall form part of this By-law. 4. 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 read a first time this day of 2006 BY-LAW read a second time this day of 2006 BY-LAW read a third time and finally passed this day of 2006 John Mutton, Mayor Patti L. Barrie, Municipal Clerk 649 This is Schedule "A" to By-law 2006- passed this day of . 2006 A.D. .,-",-",-"'-". ...--' ( \ ,,- /.-. 1.---- \ ) \ ) " \.. . . " . c , '/ . ,. , LAKE , ONTARIO Zoning Change From nAn To "(H)R2-42n Zoning Change From "An To nEpn John Mutton, Moyor Zoning To Remain "Epn Patti L. Barrie. Municipal Clerk ~ 5 z is CD LAKE ONTARIO Wilmot Creek CANAD~~~ II NATIONAL. RAlL~Y II II II 650 ClWilJgton REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING Date: Monday, February 6, 2006 Report #: PSD-015-06 File #: A2005-0043, A2005-0053, and By-law #: A2005-0054 . Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETINGS OF JANUARY 19, 2006 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-015-06 be received; and 2. THAT Council concurs with the decision of the Committee of Adjustment made on January 19, 2006 for applications A2005-0043, 2005-0053 and A2005-0054, and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. Submitted by: D vi . Crome, MCIP, R.P.P. Director of Planning Services Reviewed by: ~4R Franklin Wu, Chief Administrative Officer BR*CP*DJC*sh*df January 30, 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 651 REPORT NO.: PSD-015-06 PAGE 2 1.0 APPLICATION DETAILS 1.1 All applications received by the Municipality for minor variance are scheduled for a hearing within 30 days of being received by the Secretary-Treasurer. The purpose of the minor variance application and the Committee's decisions are detailed in Attachment 1. The decisions of the Committee are contained below. DECISIONS OF COMMITTEE OF ADJUSTMENT FOR January 19, 2006 A2005-0043 A2005-0053 Approve with conditions Approved with conditions Approve Approved A2005-0054 Approve Approved 2.0 COMMENTS 2.1 Application A2005-0043 was an application to reduce the rear yard setback for a deck from 6 metres to 3 metres, and to increase the lot coverage for the lot from 40% to 48%. The application was tabled on the October 20, 2005 meeting to allow the applicant time to address the concerns of Committee and Staff. The applicant revised the application to reduce the rear yard setback to 4 metres, increase the lot coverage to 48% and provide a landscape screen consisting of 5 trees along the rear property line. Committee was satisfied that the conditions suggested by the applicant and recommended by Staff were appropriate for the development of the site, and approved the application subject to the conditions. 2.2 Applications A2005-0051 and A2005-0052 were approved as applied for. Staffs recommendation was to approve the applications as applied for. 2.3 Staff has reviewed the Committee's decisions and is satisfied that the applications that received approval are in conformity with the Official Plan policies, consistent with the intent of the Zoning By-law and are minor in nature and desirable. Council's concurrence with the Committee of Adjustment's decision is required in order to afford Staffs official status before the Ontario Municipal Board in the event of an appeal of any decision of the Committee of Adjustment. Attachments: Attachment 1 - Periodic Report for the Committee of Adjustment 652 f'\uacnmem "I To Report PSD-015-06 CJNmgton PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: MR. AND MRS. ZAUERHAGEN OWNER: MR. AND MRS. ZAUERHAGEN PROPERTY LOCATION: PART LOT 33, CONCESSION 2 FORMER TOWNSHIP OF DARLINGTON, 14 DECOE COURT, COURTICE FILE NO.: A2005-0043 PURPOSE: TO PERMIT THE CONSTRUCTION OF A DECK AND STAIRS BY REDUCING THE REQUIRED REAR YARD SETBACK FROM 6 METRES TO 3 METRES AND BY INCREASING THE TOTAL LOT COVERAGE FROM 40% TO 48%. DECISION OF COMMITTEE: APPROVAL OF THE APPLICATION TO PERMIT THE CONSTRUCTION OF A DECK IS RECOMMENDED AS IT IS MINOR AND DESIRABLE IN NATURE AND CONFORMS TO THE OFFICIAL PLAN AND ZONING BY-LAW SUBJECT TO THE FOLLOWING CONDITIONS: 1. THAT THE REAR YARD SETBACK FOR A DECK BE REDUCED FROM 6 METRES TO 4 METRES 2. THAT THE TOTAL LOT COVERAGE BE INCREASED FROM 40% TO 47% 3. THAT THE LOT GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF A BUILDING PERMIT 4. THAT THE OWNER OBTAIN A BUILDING PERMIT FOR THE DECK PRIOR TO APRIL 30TH. 2006 5. THAT THE OWNER PLANTS FOUR COLUMNAR DECIDUOUS TREES IN A PLANTING STRIP BElWEEN 1 METRE AND 1.5 METRES FROM THE REAR PROPERTY LINE AND A MINIMUM OF 1 METRE FROM THE SIDE PROPERTY LINES, AND THAT THE TREES BE A MINIMUM 2 METRES HIGH, OR 60 MM IN CALLI PER. 6. THAT THE APPLICANT PLANT ONE CONIFEROUS TREE AT THE SOUTHERN PORTION OF THE ABOVE NOTED PLANTING STRIP. AND THAT THE TREES BE EVENLY SPACED. 7. THAT THE BUILDING PERMIT RECEIVE FINAL INSPECTION AND THE ABOVE NOTED TREES BE PLANTED PRIOR TO JUNE 30TH, 2006 8. THAT THE DECISION APPLY TO THE PROPOSED DECK ONLY, AND THAT IT REMAIN UNENCLOSED DATE OF DECISION: January 19, 2006 LAST DAY OF APPEAL: February B, 2006 653 CJ. 0 LWP PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: SPEARS & ASSOCIATES INC. SPEARS & ASSOCIATES INC. PROPERTY LOCATION: 205 BASELINE ROAD WEST, BOWMANVILLE PART LOT 13BF. CONCESSION FORMER TOWN(SHIP) OF NEWCASTLE VILLAGE FILE NO.: A2005-0053 PURPOSE: TO PERMIT THE CONSTRUCTION OF A BUILDING SUPPLY OUTLET BY REDUCING THE REQUIRED FRONT YARD SETBACK FROM 15 METRES TO 9.15 METRES. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION AS APPLIED FOR AS IT IS MINOR AND DESIRABLE IN NATURE AND CONFORMS TO THE OFFCIAL PLAN AND ZONING BY-LAW. DATE OF DECISION: January 19, 2006 LAST DAY OF APPEAL: February B. 2006 654 (j. lD. L:wJl]gtn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: TUNNEY PLANNING TUNNEY PLANNING PROPERTY LOCATION: 99 ALLWORTH CRESCENT, BOWMANVILLE PART LOT 112, CONCESSION FORMER TOWN(SHIP) OF BOWMANVILLE FILE NO.: A2005-0054 PURPOSE: TO PERMIT THE CONSTRUCTION OF A SINGLE DETACHED DWELLING BY REDUCING THE INTERIOR SIDE YARD SETBACK FROM 1.2 METRES TO 0.65 METRES WHERE THE ABUTTING LOT'S SIDE YARD SETBACK IS NOT LESS THAN 1.2 METRES AS REQUIRED. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION AS APPLIED FOR AS IT IS MINOR AND DESIRABLE IN NATURE AND CONFORMS TO THE OFFICIAL PLAN AND ZONING BY-LAW. DATE OF DECISION: January 19, 2006 LAST DAY OF APPEAL: February B. 2006 655 Cl~n REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, February 6,2006 Report #: PSD-016-06 File #: ZBA2006-0001 By-law #: Subject: APPLiCATION FOR REMOVAL OF PART LOT CONTROL APPLICANT: CONDOR DEVELOPMENTS LTD. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-016-06 be received; 2. THAT the requestfor removal of Part Lot Control with respect to Blocks 149 to 156 on Plan 40M-2113 be APPROVED and that the attached Part Lot Control By-law be PASSED pursuant to Section 50 (7.1) of the Planning Act; and 3. THAT all interested parties listed in this report, any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. Submitted by: Reviewed by: D ~..-:..~ Franklin Wu Chief Administrative Officer BMRlDC/lw/df 30 January 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 656 REPORT NO.: PSD-016-06 PAGE 2 1.0 1.1 1.2 1.3 2.0 2.1 2.2 3.0 3.1 3.2 4.0 4.1 APPLICATION DETAILS Applicant: Agent: Location: Condor developments Ltd. Armstrong Harrison Associates Part Lot 35, Concession 1, Former Township of Darlington, Plan 40M-2113, Blocks 149 to 156 (see Attachment 1) BACKGROUND Draft approved plan of subdivision 1BT-89037 was given final approval and Phase 2 was registered on title as plan of subdivision 40M-2113 on October 1, 2002. This plan of subdivision consists of 132 single detached dwelling units, 28 lots for semi-detached dwellings (for a total of 56 units) and 3B townhouse units for which part lot control is required. On January 3, 2006, Staff received a request from Ronald Armstrong on behalf of Condor Developments Ltd. for the removal of Part Lot Control with respect to Blocks 149 to 156 on Registered Plan 40M-2113. This application is a result of a previously approved removal of Part Lot Control for the townhouse blocks, which expired after a 3 year time period on October 7, 2005. STAFF COMMENTS The removal of Part Lot Control facilitates the creation of townhouse lots as contemplated in the draft approved plan of subdivision. The Planning Act leaves it to the Municipality to determine an appropriate timeframe during which the by- law shall apply. Staff recommends that the by-law be in force for a period of three (3) years following Council approval, ending February 13, 2009. Attachment 3 is a Summary Table provided in accordance with the Region of Durham's requirements under the delegation of Part Lot Control. It details lots affected by the Part Lot Control By-law and the unit type and number to the Part Lot Control By-law. . RECOMMENDATIONS Staff has no objections to the approval of a by-law exempting the subject lands from Part Lot Control as provided for in the attached by-law (Attachment 2). Attachments: Attachment 1 - Key Map Attachment 2 - By-law for Removal of Part Lot Control Attachment 3 - Unit Type and Number Summary Table 657 <:: .... 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Z N Z ~ Z ~ iO !i! .. ~ N74'4Q'3O"[ ... 35.922 ;;~ ~ 30.440 30.765 18.000 18.000 18.000 18.000 18.000 18.000 18.000 "71'52'00'E STAPLES AVENUE N71'52'OO.E 18.000 18.000 18.000 18.000 18.000 18.000 18.000 18.000 16.717 z z s. ... a- N N 8.~ '" 8. c...J ~ "' . 00"[ 20.998 ~ . 18.000 18.000 10.500 10.500 10..500 10..500 10.500 10..500 10..500 10..500 10..500 10..500 10..500 8.706 N71'52'oo.E CORNISH DRIVE 19.820 N71'52'OO.E 19.820 10.500 10.500 10..500 10.500 10.500 10..500 10..500 10..500 10.500 10.500 10.500 9.J6J z ..... ~~ !::3 8 8. "' z z z z z z z z ..... ~~.....~~...~~.....~~. ~):CD...... aCD~~' ~ 8 ggg 8~ 5 8N ~88. 8:0088:"'-1 . . . . :I: E . . · 19.820 10.500 10.500 10..500 10.500 10.500 10.500 10.500 10..500 10.500 !; ~ !; Dl l.N1:Il ~ ~ g.co. !II. co ~ oJ o~ ~...~ 10..500 10..500 13.644 19.820 242.349 ZBA2006-0001 Blocks Affected By Part Lot Control 40M-2113, Blocks 149 -156 Inclusive Owner: Condor Developments Ltd. f'\llClCnmem 4 To Report PSD-016-0€ CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2006- being a By-law to exempt a certain portion of Registered Plan 40M-2113 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 149 to 156; 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 Municipality of Clarington and thereafter Subsection 5 of Section 50 shall cease to apply to the following lands: a) Blocks 149 to 1560n40M-2113. 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 February 13, 2009. BY-LAW read a first time this day of 2006 BY-LAW read a second time this day of 2006 BY-LAW read a third time and finally passed this day of 2006 John Mutton, Mayor Patti L. Barrie, Municipal Clerk 659 Attachment 3 To Report PSD-016-06 PART LOT CONTROL EXEMPTION BY-LAW UNIT TYPE AND NUMBER SUMMARY TABLE Registered Plan: 40M-2113 By-law: Result of Part Lot Control Exemption on Unit Type and Number Lots/Blocks Aff~cted Unit Type (Number) ~esults. .... ... .... ... ... . .. .. Block 149 Townhouse Units (5) No Change Block 150 Townhouse Units (4) No Change Block 151 Townhouse Units (4) No Change Block 152 Townhouse Units (5) No Change Block 153 Townhouse Units (5) No Change Block 154 Townhouse Units (5) No Change Block 155 Townhouse Units (4) No Change Block 156 Townhouse Units (6) No Change Total 38 Units No Change 660 Cl!JLpn REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, February 6,2006 Resolution #: Report #: EGD-07-06 File #: By-law #: Subject: MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR JANUARY, 2006. Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-07 -06 be received for information. SUbmitt~ by: \ f A. S. Ca ne la, . . . tJ Director of Engineering Services Reviewed bYO~,--,~~ Franklin Wu Chief Administrative Officer ASC*RP*bb January 31,2006 CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE. ONTARIO L 1C 3A6 T (905}623-3379 F (905}623-1824 701 REPORT NO.: EGD-07-06 PAGE 2 1. BACKGROUND: 1.1 With respect to the Building Permit Activity for the month of January 2006, Staff wish to highlight the following statistics for the information of Committee and Council. MONTH OF YEAR TO YEAR TO % CHANGE OF VALUE JANUARY 2006 DATE 2006 DATE 2005 YTD 06-05 Permits Issued 34 33 69 -52.2~ VALUE OF CONSTRUCTION Residential $2,491,525 $2,330,465 $9,917,640 -76.5~ Industrial $20,000 $20,000 $11,600 72.4O~ Government $0 $0 $50,000 NIA Commercial $242,500 $242,500 $0 NIA Institutional $C $0 $0 NIA ~gricultural $405,13E $405,135 $0 NIA 1r0TAL $3,159,16C $2,998,10C $9,979,240 -70.0~ The following is a historical comparison of the building permits issued for the month of "JANUARY" and "YEAR TO DATE" for a three year period. Historical Data for Month of "January" $16,000,000 $14,000,000 $12,000,000 $10,000,000 $8,000,000 $6,000,000 $4,000,000 $2,000,000 $0 m value Historical Data ''YEAR TO DATE" $16,000,000 $14,000,000 $12,000,000 $10,000,000 $8,000,000 $6,000,000 $4,000,000 $2,000,000 $0 I!I value 702 REPORT NO.: EGD-07-06 PAGE 3 The following is a comparison of the types of dwelling units issued for the month of "JANUARY" and "YEAR TO DATE". Dwelling Unit Type "JANUARY 2006" o Apartment 0% Dwelling Unit Type "YEAR TO DATE 2006" 59 T OIM1house 8% 3 Single Detached 23% 10 Se;ni- Detached 77% 3 Single Detached 23% .Single Detached 3 ~ Semi-Detached 10 ClTownhouse 0 lID Apartment 0 . Single Detached 3 ~ Semi-Detached 10 E:I Townhouse 0 IIlI Apartment 0 1.2 With respect to building permit activities (over $250,000) and large residential building permit activities, the details are provided as follows: APPLICANT CONSTR TYPE I Barn I LOCATION VALUE $356,875 Jose Tavares B515 Enfield Rd Attachment #1 - Monthly Building Permit Activity Report/Historical Comparison of Building Permit 703 Municipality of Clarington Building Services - Monthly Activity ReportJANUARY 2006 PERMIT FEES January $21.990 2006 Year to Date $21.990 January $65.684 2005 Year to Date $65,684 TOTALS January 500 543 1043 2006 Year to Date 500 543 1043 January 676 579 1255 2005 Year to Date 676 579 1255 Building Inspections Plumbing Inspections 2006 2005 January Year to Date January Year to Date Single Detached 3 3 15 15 Semi-Detached 10 10 42 42 Townhouse 0 0 0 0 Apartments 0 0 0 0 TOTALS 12 12 57 57 YEAR: 2006 AREA (to 2005 2004 2003 2002 2001 2000 1999 1998 1997 1996 month) Bowmanville 11 307 587 468 345 312 188 184 313 423 217 Courtice 241 173 180 133 129 231 296 254 295 331 Newcastle 2 202 191 123 131 76 110 78 4 5 3 Wilmot Creek 15 25 29 38 24 19 21 33 21 16 Orono 1 2 1 1 Darlington 14 15 13 17 47 102 31 14 20 17 Clarke 13 10 16 15 9 17 17 12 20 10 Burketon 1 1 1 1 1 1 2 Enfield 3 Enniskillen 1 1 2 5 7 6 3 7 3 Hampton 3 1 1 1 2 1 2 2 Haydon 1 1 2 Kendal 1 3 2 1 Kirby 1 Leskard 1 1 Maple Grove 1 Mitchells Corners 1 Newtonville 4 5 3 3 3 1 2 Solina 3 3 3 1 1 Tyrone 3 9 3 TOTALS 13 802 1015 843 701 609 679 640 636 801 601 Attachment #1 - Monthly Building Permit Activity Report/Historical Comparison of Building Permit 704 MONTH OF JANUARY 2006 2006 2005 BUILDING CATEGORY NUMBER OF VALUE OF NUMBER OF VALUE OF PERMITS CONSTRUCTION PERMITS CONSTRUCTION Residential 22 $2.330.465 64 $9.917.640 Industrial 1 $20,000 2 $11,600 Government 0 $0 1~ $50.000 Commercial 5 $242,500 0 $0 Institutional 0 $0 0 $0 Aaricultural 2 $405.135 0 $0 Demolition 3 $0 2 $0 TOTAL 33 $2,998.100 69 $9.979.240 YEAR TO DATE 2006 2005 BUILDING CATEGORY NUMBER OF VALUE OF NUMBER OF VALUE OF PERMITS CONSTRUCTION PERMITS CONSTRUCTION Residential 22 $2,330,465 64 $9.917.640 Industrial 1 $20.000 2 $11,600 Government 0 $0 1 $50.000 Commercial 5 $242,500 0 $0 Institutional 0 $0 0 $0 AQricultural 2 $405.135 0 $0 Demolition 3 $0 2 $0 TOTAL 33 $2,998,100 69 $9.979.240 Attachment #1 - Monthly Building Permit Activity Report/Historical Comparison of Building 705 CI!J!-!l1gton REPORT ENGINEERING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday February 6, 2006 Report #: EGD-OB-06 File #: D.03.30.011 By-law #: Subject: PRIMROSE SUBDIVISION, COURTICE, PLAN 40M-1945, 'CERTIFICATE OF ACCEPTANCE' AND 'ASSUMPTION BY-LAWS', FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-OB-06 be received; 2. THAT the Director of Engineering Services be authorized to issue a 'Certificate of Acceptance' for the Final Works, which include final stage roads and other related Works, constructed within Plan 40M-1945; and 3. THAT Council approve the by-laws attached to Report EGD-OB-D6, assuming certain streets within Plan 40M-1945 and abutting Plan 40M-16B4 as public highways. Respectfully by, ~~ ,,' L CJ~~~, SUbmitted~. y: Anthony Cannella, C.E.T. Reviewed by: Franklin Wu, ~ ~ Director of Engineering Services Chief Administrative Officer NAC/ASC/jo January 31, 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET. BOWMANVILLE. ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 706 REPORT NO.: EGD-08-06 PAGE 2 1.0 BACKGROUND 1.1 The Corporation of the Municipality of Clarington entered into a Subdivision Agreement, registered January 15, 1999. with 1249981 Ontario Limited to develop lands by plan of subdivision, located in Courtice and described as Plan 40M-1945 (Attachment 1). The agreement required the developer to construct all roadworks, including hot-mix paving, sidewalks, curb and gutter, street trees, a storm drainage system and streetlights, hereinafter referred to as the 'Works'. 1.2 The Subdivision Agreement provides for the separation of the Works into five (5) stages: a) Initial Works; b) Street Liohtino System; c) Final Works; d) Stormwater Manaoement System (Not Applicable); and e) Park Works 1.3 The Initial Works and Street Liohtino System were issued 'Certificates of Completion' and subsequent 'Certificates of Acceptance' by the Director of Engineering Services, as per the maintenance requirements set out in the Subdivision Agreement. 1.4 The Park Works were issued a Certificate of Completion dated July 25, 2005. This initiated a two (2) year maintenance period, which will expire on July 25,2007. 1.5 The Final Works were issued a 'Certificate of Completion' dated November 1, 2002. This initiated a one (1) year maintenance period, which expired on November 1,2004. The Works were re-inspected at that time and although the Developer experienced delays in completing the necessary repairs. all deficiencies have now been rectified to the satisfaction of the Director of Engineering Services. 707 REPORT NO.: EGD-08-06 PAGE 3 1.6 It is now appropriate to issue a 'Certificate of Acceptance' for the Final Works. The Subdivision Agreement requires Council approval prior to the issuance of the 'Certificate of Acceptance' for the Final Works. 1.7 Further to the issuance of a 'Certificate of Acceptance', by-laws are required to permit the Municipality to assume certain streets within Plan 40M-1945 and abutting Plan 40M- 1684 as public highways (Attachments 2 and 3). Attachments: Attachment 1 - Key Map Attachment 2 - Proposed By-law Attachment 3 - Proposed By-law 708 I / I \.---= I Plan'40M~1945 T Primrose SU\bdiViS1ion --\. . I 1"\ (3 \. c ...~................ - : ~ ~::: ~:::::::::::: E T>>Y> ~ ........ ........ .................. .................. ~ ~ ~ - ........... ......................... .................................... .... ......... ....... .. .... :::.George Reynolds Dr. ............ ...... ................. ........... .. .......... ...... ........ ...... ....... .......... ...... ........ ...... .................. ...... .... ... ...... .................. ...... .... -.. ...... .................. ""\, ~ ...... .... .,- ...... ....... .......... ...... .... '" ...... ....... .......... ... .... ...1:::::: ....... :::::::::: ..................... ....... .......... ..................... ....... .......... ..................... ..................... ..: .......... .......... 0 ,..J "C .......... UJ .......... .......... C .lIl: ::I g .......... :::::::::: .. ~: :::::::::: "C "C c:: .......... ....:::~ .......... ....... :::::::::: Co UJ C ftI E ell ell en -- ..... ........... ....... ........... .... ........... ....... ........... ........... .. ....... ........... / ::::::::~::::::::::: :::::::::::: ........... ................... ........... ....... ........... ........... ........... ....... ........... ........... ........... ....... ........... ........... ........... ........... ....... ........... ........... ........... ....... ........... ........... ::::::::::: '..:.:.:.:..:: ::::::::::: ........... ........... ~:I ~ ~ ~ ,.--- - J ~=' M ::ar. Ell I = ~ ~ ~U ~Il'~ < ~~I~~ ~, ~ ~ ~ ~~ ~ LJIUIlIIU ..Llt: --11 ~t3:? 1- =~ ~~~ ~ ~i"'!;'~lrT >- >->- =i 1=Pf - :Y1 1~1 I1ltrr~l ,crrn 0 ~ 11l;t~ J klp Na~h Rd. ~~Iffi\ ~f~p I 1lJ.J-Y - UIT ~~~ft I JW ~O~~.!ICEj JI TIll I~ KEY MAP I J..j.--J-.-rtf' II n III '-L ~ ~ II T77 ./ ~L--/; I ,,,\ lV W4 p-1? s DRAWN BY: E.L. DATE: Jan. 3D, 2006 REPORT EGO-OS-06 ATTACHMENT NO.1 709 ATTACHMENT NO.: 2 REPORT NO.: EGD-08-06 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2006-XX Being a By-law to establish, layout and dedicate certain lands as public highways in the Municipality of Clarington. NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. THAT the blocks shown on Plans 40M-1945 and 40M-1684. and listed below in this section. all being in the Municipality of Clarington, in the Regional Municipality of Durham, are hereby established, laid out. and dedicated by the Corporation of the Municipality of Clarington as public highways: PLAN 40M-1945: Block 35 PLAN 40M-1684: Block 37 BY-LAW read a first and second time this 13th day of February 2006. . BY-LAW read a third time and finally passed this 13th day of February 2006. John Mutton. Mayor Patti L. Barrie, Municipal Clerk 710 ATTACHMENT NO.: 3 REPORT NO.: EGD-08-06 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2006-XX Being a By-law to assu.me certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington. NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. THAT the streets and blocks shown on Plans 40M-1945 and 40M-1684, and listed below in this section, all being in the Municipality of Clarington. in the Regional Municipality of Durham, are hereby accepted by the Corporation of the Municipality of Clarington as public highways, and assumed by the said Corporation for public use: PLAN 40M-1945: Cecil Found Crescent George Reynolds Drive Block 35 PLAN 40M-1684: Block 37 BY-LAW read a first and second time this 13th day of February 2006. BY. LAW read a third time and finally passed this 13th day of February 2006. John Mutton. Mayor Patti L. Barrie, Municipal Clerk 711 Q@Qgton REPORT ENGINEERING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday February 6. 2006 Resolution #: Report #: EGD.~9-06 File #: By-law #: Subject: NORTHEAST BOWMANVILLE SUBDIVISION PHASE 5, BOWMANVILLE, PLAN 40M-1776, 'CERTIFICATE OF ACCEPTANCE' AND 'ASSUMPTION BY-LAWS', ROADS AND ABOVE GROUND SERVICES Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-09-06 be received; 2. THAT the Director of Engineering Services be authorized to issue a 'Certificate of Acceptance' for the Roads and Above Ground Services, which include final stage roads and other related Works, constructed within Plan 40M-1776; and 3. THAT Council approve the by-laws attached to Report EGD-09-06, assuming certain streets within Plan 40M-1776 as public highways. ReSpectft.tQ1t",~_ Submitted by: AS. Cannella Director of Engineering Services u~---0Jk . ~O\ Reviewed by: Franklin Wu Chief Administrative Officer ASC/jo January 31, 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 712 Report #EGD-09-06 Page 2 1.0 BACKGROUND 1.1 The former Corporation of the Town of Newcastle, now The Corporation of the Municipality of Clarington, entered into a Subdivision Agreement, registered April 18, 1991, with Eiram Development Corporation to develop lands by plan of subdivision, located in Bowmanville and described as Plan 40M-1776 (Attachment 1). The agreement required the developer to construct all roadworks, including hotmix paving, sidewalks, curb and gutter, street trees, a storm drainage system and street lights, hereinafter referred to as the 'Works', 1.2 The subdivision agreement provides for the separation of the Works into three (3) stages: (a) Storm Sewer Works includino Storm Sewer Work on Mearns Avenue: (b) Tributary Stormwater Manaoement Works Exclusive of the Soper Creek Erosion Works and; (c) Roads and Above Ground Services 1.3 The Storm Sewer Works includino Storm Sewer Work on Mearns Avenue and the Tributary Stormwater Manaoement Works Exclusive of the Soper Creek Erosion Works were previously assumed by the Municipality, in accordance with the requirements set out in the Subdivision Agreement. 1.4 The Roads and Above Ground Services for Phase 5 were issued a 'Certificate of Completion' dated January 24, 2002. This initiated a two (2) year maintenance period which expired on January 24, 2004. The Works were re-inspected at that time and although the Developer experienced delays in completing the necessary repairs, all deficiencies have now been rectified to the satisfaction of the Director of Engineering Services. 1.5 It is now appropriate to issue a 'Certificate of Acceptance' for the Roads and Above Ground Services for Phase 5. The subdivision agreement requires Council approval prior to the issuance of an 'Acceptance Certificate' for the Roads and Above Ground Services. 713 Report #EGD-09-06 Page 3 1.6 Further to the issuance of a 'Certificate of Acceptance', by-laws are required to permit the Municipality to assume certain streets within Plan 40M-1776 as public highways (Attachments 2 and 3). Attachments: Attachment 1 - Key Map Attachment 2 - Proposed by-law Attachment 3 - Proposed by-law 714 \ 1T1~~ Plan 40M-1776 Northeast Bowmanville Subdivision II I PI~a~e 15 III I I I 7 : ': ...1:: .... ... : I" .. : :: C ., " W".': I ... .......1.11' ..... .. }.......t..........:~~ .. ....... .: :::::::yn.::." :: ..... ..'::,: ::: .::: ::::::::.. ..:. ,,::::: :: :::::::: :::: ~.c.. . .~~~~~...... ... . ... .~.. .:.:H?~Po..rSq.. :: ::::'. ::: . >''' .. .: ~: ': .: . : . : : ......: ... .:: ~ ..:..!! .: ~ : ..... .. .... ::: .. .. . ....::: u.': ::.:. ........ .. .... ... : ~::::'~ : :: ::::::: :: ';::' it: ~ . :;. : .. ..:: ';;:: ::;;:..:: '" . .. 0.. . .... o "0 ... ..... .... o. .0. ............. .. :')1 :.... ... i;;;::::~:;;;><~~<; . ............. ............ . ;.;.;. , ....... .. ..... ... ........... .... ... .. .. ..:: :~. : . .. .... .............. ............. .......... .. '.. ........... . . . .. ........... . . .. . ~:;::::;;;;;;:. ::: : ::::::::::::: : ~: ...::........ :::::::::.... ..::::~ .... ::::::::::::/ :c :: ..:::: ~T TT-NJ':" : Maxwell Ct.' :;:i1:~jl:I~~:jl :~:: ::: :.:: : ~::0:~::~: :: : l Freeland Ave. . . ......... ..0. .... ......... ..0. ...... .... . ........... ...... .... . ............. . . , . ,. ... ...... .....0 '0. ....... ...... .... ...... . . .. ...... .... .0. .. .... . ...... .... ...... . L h rr- : !l1l1.11 . ~ CJ) :. . .: c: .0 .: :::i: "" .::J TI!Ij Cone. Rc 3 lV W4 ~1J s DRAWN BY: E.L. DATE: Jan. 30, 2006 REPORT EGD-09-06 ATTACHMENT NO.1 ./ / \ ai > < II) c ... ca CD :e '- 715 ATTACHMENT NO.: 2 REPORT NO.: EGD-09-06 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-lAW 2006-XX Being a By-law to establish. layout and dedicate certain lands as public highways in the Municipality of Clarington. NOW THEREFORE, the Council of The Corporation of the Municipality of Clarington enacts as follows: 1. THAJthe_block_Shown on Plan 40M-1776, and listed below in this section. being in the Municipality of Clarington. in the Regional Municipality of Durham. is hereby established, laid out, and dedicated by the Corporation of the Municipality of Clarington as public highway: Block 145 BY-LAW read a first and second time this 13th day of February, 2006. BY-LAW read a third time and finally passed this 13th day of February. 2006. John Mutton, Mayor Patti L. Barrie. Clerk 716 ATTACHMENT NO.: 3 REPORT NO.: EGD-09-06 THE CORPORATION OF THE MUNICIPALITY OF ClARINGTON BY-lAW 2006-XX Being a By-law to assume certain streets within the Municipality of Clarington as public. highways in the Municipality of Clarington. NOW THEREFORE, the Council of The Corporation of the Municipality of Clarington enacts as follows: 1. THAT the streets and blocks shown on Plan 40M-1776. and listed below in this section. being in the Municipality of Clarington, in the Regional . Municipality of Durham, are hereby accepted by The Corporation of the Municipality of Clarington as public highways. and assumed by the said Corporation for public use: Rickaby Street Hooper Square Maxwell Court Jollow Drive Ladd Court Block 145 Block 147 BY-LAW read a first and second time this 13th day of February. 2006. BY-LAW read a third time and finally passed this 13th day of February. 2006. John Mutton. Mayor Patti L. Barrie, Clerk 717 C!Millgton REPORT COMMUNITY SERVICES DEPARTMENT Meeting: General Purpose and Administration Committee Date: February 6. 2006 Resolution #: Report #: CSD-01-06 File #: By-law #: . Subject: CLARINGTON'S BRIAN MCFARLANE HOCKEY MUSEUM - BRANDING STRATEGY Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CSD-01-06 be received; 2. THAT Resolution #C-347-04 passed on June 28,2004 to name Clarington's new hockey museum be amended by deleting the words "Clarington's Brian McFarlane Hockey Museum" and substituting the words "Total Hockey"; and 3. THAT the logo (Attachment #1) to Report CSD-01-06 be endorsed FORTHWITH. Submitted by: J eph P. Caruana rector of Community Services Reviewed by: a. Franklin Wu Chief Administrative Officer JPC/ SC/JM CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-5506 1001 REPORT NO. CSD-01-06 PAGE 2 1.0 BACKGROUND 1.1 On June 28, 2004, Council approved the name Clarington's Brian McFarlane Hockey Museum for the impending hockey museum. Since that time, our Business Plan has been completed, presented to Council and the firm Marketing Dynamic Solutions has been hired to provide marketing and branding expertise to assist staff in their goal of developing the hockey museum as a premier tourist destination in Clarington, Durham and beyond. 1.2 One of the initial tasks requested of Marketing Dynamic Solutions was to develop a marketable identity for the hockey museum through appropriate branding and logo. Initial research identified marketing concerns with the existing name. As a result, staff are requesting that the name be changed and that Council endorse the recommended name for the new facility which would project a more youthful, exciting and marketable brand. 2.0 NEW NAME 2.1 The name 'Clarington's Brian McFarlane Hockey Museum' is long and cumbersome from a marketing/promotional perspective and does not easily roll off the tongue. There are 43 character spaces which is problematic for marketing materials and signage and does not adapt easily to website language. 2.2 The key target marketfor the new facility is youth and families and our branding must engage and attract this market and create an image of excitement and fun to their mind's eye. The word 'Museum' implies static, staid exhibits and is not representative of the vibrant, youthful, interactive environment we are creating. 2.3 The primary considerations in developing our branding strategy were as follows: · The desire to keep the Municipality of Clarington's name integral to the messaging · The desire to keep Brian McFarlane and the marketing potential associated with one of hockey's premier historians and media icons integral to the message · The need for a "catchy" name to capture the interest of the public and project what the experience is all about. 2.4 It is not our intention to be another institution celebrating the heroes of hockey, but rather to be an interactive, educational and exciting celebration of the game of hockey and what it means to Canada and Canadians. 2.5 Staff are recommending that Council approve the name "TOTAL HOCKEY" as the name of the new facility. 1002 REPORT NO. CSD-01-06 PAGE 3 3.0 LOGO 3.1 Branding is more than just a name and a logo. It is that image which is formed in your mind when you think of a product or experience. The name and logo will be the first impression the consumer has of our product or service. The logo for this project must be clean and easy to read, should convey action and movement, should reflect traditional hockey values and must be adaptable to a variety of mediums. The brand identity lives entirely in the mind of the beholder, so it is essential to ensure we deliver th~ correct messaging to our target audience from the outset. 3.2 The recommended logo presented (Attachment #1) evolved through a process that involved extensive market research, the development of numerous concept renderings, ma.-:~et testing focusing on our target market, and the review of several developed logo concepts. Staff are confident that this logo will convey the overall objective of the project for the following reasons: . It is clean, concise and easily recognizable . It is strong, impactful and traditional-just as the game of hockey is . The colours are reflective of the colours of the Original Six NHL teams, representative of the history of hockey and also representative of many of the artefacts of our collection . The words "TOTAL HOCKEY" are framed in a traditional hockey banner, supporting our traditional hockey values, with the oval representing an ice surface . It uses clear, identifiable images of hockey . The puck has been designed to convey action which is representative of the interactive component of the project while the energy, action and excitement will appeal to the youth market. The puck is also "scoring" in the net, representing success and victory . The Maple Leaf reflects the Canadian experience and the impact hockey has on the social fabric of Canada. This component will be integral to our strategy to develop the facility as an educational destination point through our ties into the Ontario school curriculum . The radio microphone acknowledges Brian McFarlane's contributions as a broadcaster and a storyteller and represents the important role the media has played in the evolution of hockey. Hockey Night in Canada is a theme that has been woven through the Canadian identity since the 1930's Staff are recommending that Council endorse the logo as presented in Attachment #1. 1003 REPORT NO. CSD-01-06 PAGE 4 4.0 COMMENTS 4.1 The branding strategy addressed in this report, including the new name and logo, have been discussed and endorsed by the Project Team, including Brian and Joan McFarlane and Bill Humber. 4.2 Staff, through our marketing consultants, have reviewed the Universal Resource Locator (URL) availability for the name "Total Hockey" and have registered the following domain names in order to ensure a web site presence: www.total-hockeY.net www.total-hockeY.ora www.tolc.:i-hockeY.ca www.totalhockeyclarinaton.com 4.3 Staff have also initiated the steps to have the new name and logo registered as trademarks. . 4.4 Michele Harris, Marketing Director, Marketing Dynamic Solutions will be making a presentation outlining the process and rationale for the branding strategy presented in this report. 4.5 Forthwith approval of this report is requested so that staff may initiate the appropriate process to formally introduce the new name and logo at the Official Ground Breaking Ceremony scheduled for March 2, 2006. Attachments: Attachment #1 - Total Hockey Logo 1004 CLARINGTON Presents Brian McFarlane's Attachment #1 to CSD-01-06 1005 q!J!illgtnn REPORT COMMUNITY SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: February 6, 2006 Resolution #: Report #: CSD-02-06 File #: By-law #: Subject: MUNICIPALITY OF CLARINGTON'S PARTICIPATION IN THE CANADIAN TIRE JUMPSTART PROGRAM Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CSD-02-06 be received for information. Submitted by: eph P. Caruana irector of Community Services Reviewed bYO~ ~ · Franklin Wu Chief Administrative Officer JPC/SM/jm CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-5506 1006 REPORT NO.: CSD-02-06 PAGE 2 1.0 BACKGROUND 1.1 The Canadian Tire JumpStart program was created by Canadian Tire Foundations for Families. The program's goal is to provide financially disadvantaged children with the opportunity to participate in sports and recreation activities. This program is facilitated in the Durham Region through the respective Municipal Departments (Attachment #1). 1.2 The Department's role will be to facilitate the program, determine and approve a client's eligibility for the JumpStart program. JumpStart will disburse the funds to cover the sport or program registration costs. 1.3 This winter is the first session that the Community Services Department will participate in the JumpStart program. Presently JumpStart only provides funding fo~ sports or recreation programs. Camps are not included at this time, however, they hope to include these opportunities for the coming summer. 1.4 The program is funded primarily through a variety of fundraising initiatives, including a national signature event which raises funds for distribution at the local community level. Additional funds will be raised through the Canadian Tire network of businesses and through sponsorships and partnerships with their vendor partners. 2.0 GUIDELINES FOR FUNDING 2.1 As previously mentioned, the Department will be responsible for facilitating the program. The goal is to help those children that would not have been able to participate in a physical activity without the financial assistance of Canadian Tire JumpStart. Listed below are guidelines that are followed: . Ages: 4-18 · Work toward as equal a split as possible on funding between boys and girls · Funding up to $300 per child · Funding is available to members of the same family for the same reason · Funding can be provided to the same child for successive seasons, although the goal is to ensure funding is available to new children · 100% of funds go to the benefit of the child; no funds are to be used for administrative costs or any other use · Funding preference is to pay for registration fees with consideration to fund equipment or transportation costs on a case-by-case basis · Preference should be given for funding lower cost activities such as swimming lessons, basketball and soccer to allow more children to receive funding · Funding goes to individuals, not to teams 1007 REPORT NO.: CSD-02-06 PAGE 3 2.2 Once a client has contacted staff and it has been determined that they qualify for funding, they will be registered and a requisition for funding will be sent to Canadian Tire JumpStart. A letter will be sent to the client advising them that they have been selected to receive funding from the Canadian Tire JumpStart Program (Attachment #2). 3.0 COMMENTS 3.1 In January, the Canadian Tire JumpStart, Foundation for Families assigned the funding allocation for January through June 2006. The Municipality of Clarington has been allocated $2,557.00 for this program. Funding for the remaining six months of 2006 will be determined in May of this year. There is no funding commitment required from the Municipality in order to participate in this program. 3.2 The clients' privacy is very important. To ensure their information is kept private, the main contact for the Municipality is required to sign a confidentiality agreement with Canadian Tire JumpStart. 3.3 The success of the program will be measured using the following metrics: . The number of children assisted (in 2005 the goal was 20,000 children) . The amount of funds raised . The level of recognition of the program over time by customers and the general public Attachments: . . Attachment # 1 - Durham Region partners in JumpStart Attachment #2 - JumpStart Recipient Letter Attachment #3 - JumpStart and Foundation for Families logos .1008 Attachment # 1 to CSD-02-06 South Durham Canadian Tire JumvStart Members Aeencv CityofPickering 905-831-1711 Durham Children's Aid Society 905-433-1551 Town of Whitby 905-430-4300 x-2217 Big Brothers& Sisters of Ajax-Pickering 905-831-3777 Town of Ajax 905-619-2529 x-7236 Municipality ofClarington 905-623-3379 Oshawa YMCA 905-438-0822 x-400 Eastview Boys and Girls Club 905-728-5121 x-223 City of Oshawa 905-436-5636 x-2646 1009 Attachment # 2 to CSD-02-06 Foundation fOTFamilies Dear Canadian Tire JumpStart Funding Recipient, Congratulations on being selected to receive funding for a sport or recreational activity of your choice from the Canadian Tire JumpStart program. We hope you enjoy your activity and encourage you to apply for JumpStart funding for other sport and recreational activities in the future. The Canadian Tire Foundation For Families is proud to be able to support children across Canada in their desire to develop a more physically active lifestyle. We value your feedback so we can continue to improve and grow the program to help as many children as possible across the country. Go~onC~ss~P~s~e~ 1010 Attachment # 3 to CSD-02-06 Foundation · fOTFamilies 1011 Clw:.mgtnn REPORT COMMUNITY SERVICES DEPARTMENT Meeting: General Purpose and Administration Committee Date: February 6, 2006 Resolution #: Report #: CSD-03-06 File #: By-law #: Subject: ADMISSION STANDARDS FOR PUBLIC POOLS Recommendations: It is respectfully recommended that the General purpose and Administration Committee recommend to Council the following: 1. THAT Report CSD-03-06 be received for information. P. Caruana tor of Community Services o~~~ Reviewed by: Franklin Wu Chief Administrative Officer JPC/TL/jm CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-5506 1012 REPORT NO.: CsD-03-06 PAGE 2 1.0 BACKGROUND 1.1 In June 2005, the Community Services Department submitted report CSD-11-05 to Council for information (Attachment #1). This report advised Council of the Ministry of Health and Long Term Care's notice to area municipalities regarding the Coroner's Recommendations for Admission Standards for public pools. 1.2 Although these are only recommendations and not regulations under the Health Protection and Promotion Act, staff are anticipating a change to the Health Regulations for Public Pools in the near future to include these Admission Standards as part of the Health Protection and Promotion Act. 1.3 After reviewing the information both independently and as part of the Durham Region Aquatics Programmers Committee, the Community Services Department will be implementing the following Admissions Standards Policy: . Children under the age of 8 years must be accompanied by a participating parent or guardian 14 years of age or older, who is responsible for their direct supervision. Direct supervision is defined as "within arms reach." Maximum ratio of children to guardian is 3:1. In our current operation, children who are 6 years of age are permitted to attend the facility without supervision. Any child under the age of 6 must be with a parent or guardian 18 years of age or older and must stay within arms reach. Ratio is 3: 1 for this age group. The Municipality had been looking at increasing the age of unsupervised children using the pool, prior to the announcement of the recommendations. · Children aged 8 and 9 years who cannot pass the facility swim test must be accompanied by a participating parent or guardian 14 years of age or older, who is responsible for their direct supervision. Maximum ratio of children to guardian is 4:1. Currently, our facility swim test is only used for children who wish to go down the slide or swim in the deep end. There are no current admission standards for 8 and 9 year olds. · Guardians or group leaders are responsible for the children in their care while in the facility and must directly supervise the children at all times. Direct supervision for this purpose means "in the water." This recommendation mirrors our existing procedures for group leaders and guardians. · Municipal camps, community organizations and rental groups will be permitted a ratio of 8:1 children to guardian for children aged 6-9 years, if lifejackets are worn by all non-swimmers. in their charge. This recommendation is new for the Municipality of Clarington. Currently, there are no guidelines for these groups. This recommendation is one that will provide increased safety supervision to children in large groups. 1013 REPORT NO.: CsD-03-06 PAGE 3 2.0 COMMENTS 2.1 A number of the recommended changes will have an impact on the current operating procedure at the Aquatic facilities. This is largely due to the fact that prior to the Coroner's Recommendations, there has never been an Admission Standard by which Aquatic facilities could model their policy. As such, each Municipality set out their own standards for admission, including age requirements and ratios. Currently, the Municipality of Clarington does not have restrictions in many of the areas that are being recommended. However, the Community Services Department feels strongly that these recommendations will increase the safety of all users, particularly young children, both in the changerooms and in the pool area. 2.2 The new Admission Policy will become effective April 1, 2006. Prior to this date, extensive public awareness and education will take place through a number of venues, including: . Newspaper advertisement . Handouts to swimming lesson participants and public/family swim users . Community Guide . Signage within facilities . Spring registration (including inserts in registration confirmation mail-outs) 2.3 All relevant staff will be advised of the new Admission Policy and trained on the standards and implementation strategies prior to release of information to the public. 2.4 Customer Service and safety continues to be top priorities within our facilities. Although it is anticipated the new Admissions Policy will have a minimal impact on our current operation, the Community Services Department agrees with the Ministry of Health and Long-Term Care that "parental supervision is of vital assistance to the lifeguard staff in ensuring safety within a pool enclosure." Attachments: Attachment #1 - CSD -11-05 1014 Attachment #1 to CSD-03-06 Q!J!ilJgtnn REPORT COMMUNITY SERVICES DEPARTMENT Meeting: General Purpose and Administration Committee Date: June 20,2005 Resolution #: Report #:. CSD-11-05 File #: By-law #: Subject: Proposed Admission Standards for Public Swimming Pools Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CSD-11-05 be received for information. Submitted by: Joseph P. Caruana Director of Community Services Reviewed by: Franklin Wu Chief Administrative Officer JPC/BT/EM CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-5506 1015 REPORT NO.: CSD-11-05 PAGE 2 1.0 BACKGROUND 1.1 The operation of all public pools is regulated by the Health Protection and Promotion Act (Regulation 565) and is administered locally by the Region of Durham Health Department as mandated by the Ministry of Health and Long-Term Care. 1.2 Pool incidents involving a major injury or a drowning are thoroughly investigated by the various Health Departments and/or Ministry and the results are circulated to all pool operators in an effort to create awareness to avoid similar situations from occurring locally. 1.3 Following a fatal drowning that occurred in another municipality, the Coroner conducted an inquest into the drowning. As a result of the inquest findings, the Ministry of Health and Long-Term Care has requested the Region of Durham Health Department circulate a notice to area municipalities (Attachment #1) and the Coroner's Recommendations (Attachment #2) to all local pool operators, including our Municipality. 1.4 Primarily, the Coroner's inquest recommends that all children under the age of ten (10) must be accompanied by an attendant who will directly supervise and be responsible for the child while in the pool. In this particular case, the drowning occurred when a group of young children were unsupervised by their attendants in a supervised facility. The Coroner's investigation found that if the attendants had stayed and supervised the young children, the drowning might not have occurred. 1.5 In a response to this event the Coroner's office, along with numerous stakeholders, developed recommended Admission Standards to prevent such tragedies in the future. The Ministry of Health and Long-Term Care strongly support these recomrnendations for the purposes of preventing injuries and fatalities. 1.6 The Admission Standards state that: . Children under 10 years of age who are non-swimmers must be accompanied by a parent or guardian who is at least 12 years of age and responsible for their direct supervision. The ratio is to be 4:1 (4 bathers to one parent or guardian). If Iifejackets are worn by all non-swimmers in their charge, the ratio may be increased to 8: 1. . Children under 10 years who are swimmers (able to demonstrate comfort in the water and pass the facility swim test) may be admitted to the swimming pool unaccompanied. 1016 REPORT NO.: CSD-11-05 PAGE 3 · Children under 6 years of age must be accompanied by a parent or guardian at a maximum ratio of 2:1. · Guardians or group leaders are responsible for the children in their care while in the facility and must directly supervise the children at all times. · Guardians or group leaders should be at least 12 years of age. 1.7 The Region of Durham, Health Department recently circulated a notice to all owners/operators and lifeguards of public pools advising us of these Admission Standards with the recommendation that all pool operators, including the Municipality, consider the standards as a tool to assist us in preventing accidents or drownings in our pools. 2.0 COMMENTS 2.1 There are several ways these new Admission Standards will impact our operations: · Currently, our minimum age requirement to be unaccompanied in the pool is 6 years of age, regardless of comfort level in the water or a stipulation that a swim test is passed. The minimum age will now move to 10 years of age and this will impact the children and parents/guardians that use our facilities for recreational swims. · Our summer camp program includes an aquatics component. Our ratios for camp staff with respect to our campers who are under 6 years of age would be impacted. Our current ratio is 3:1 and the recommended ratio is 2:1, which may have budget implications if additional staff are required. · Under the new Admission Standards, age is not the only criteria for determining if a child may be left unaccompanied. Swimming ability is also taken into consideration. An efficient swim testing method will need to be established at our facilities to comply with the Admission Standards. Frequently~ our pools operate at capacity and staff will need to devise a process to assess swimmers in an efficient and timely manner. · In order to comply with the recommendations, staff will need to develop a proof-of-age process for caregivers (12 years of age and over). It should also be noted that staff have concerns regarding the ability of 12 year olds to be responsible for siblings in a pool environment. 1017 REPORT NO.: CSD-11-05 PAGE 4 2.2 It should be noted that at this point, these are only recommendations and not regulations under the Health Protection and Promotion Act. As implementation of the recommendations is voluntary, a start date has not been established by either the Ministry or the Health Department. These recommendations have been brought to the attention of the pool operators in an effort to be proactive in educating the public in these recommendations. Staff is anticipating a change to the Health Regulations for Public Pools in the near future to include these Admission Standards as part of the Health Protection and Promotion Act. 2.3 Currently, the aquatics departments of neighbouring municipalities are reviewing the information and staff anticipate a program to incorporate the Admission Standards will be in place as coordinated through the Durham Region Aquatics Committee, in the fall of 2005. The Municipality of Clarington has representation on this committee. 2.4 In the interim, the Community Services Department will commence a program of staff training regarding the recommendations and provide information to our residents regarding the future implementation of the Admissions Standards recommendations. Attachments: Attachment #1 - Notice - Region of Durham, Health Department Attachment #2 - Coroner's Recommendations 1018 The Regional Municipality of Durham Health Department HEAD OFFICE SUITE 210 1615 DUNDAS ST. E. WHITBY. ON L 1 N 2L 1 CANADA 905-723-8521 Tor: 905-686-2740 1-800-841-2729 Fax: 905-723-6026 www.region.durham.on.ca An Accredited Public Health Agency "Service Excellence for our Communities" Attachment # 1 to CSD-11-05 NOTICE To all Owners/Operators and Lifeguards of Public Pools A drowning occurred when a group of young children were unsupervised by their attendants in a supervised public pool facility. A coroner's investigation into the matter noted that if the attendants had stayed and supervised the young children, the drowning may not have occurred. In response to this event, the Coroner's Office, along with numerous stakeholders, developed Admission Standards to prevent such tragedies in the future-. Attached is a fact sheet on the Admission Standards. · Please consider these standards as a tool to assist you, the pool owner, operator or lifeguard in preventing accidents or drownings in your pool. · We recommend posting of these requirements or advising the users of your pool through written handouts. Information of this nature is very valuable in preventing a mishap in your pool. · Please consider the intent of these recommendations. Parental supervision is of vital assistance to the lifeguard staff in ensuring safety within a pool enclosure. . · Owners and operators of class B Public Pools that do not require lifeguards should consider advising their users to . limit the number of young or non- swimmers that a parent or his or her agent takes into the pool enclosure. Use these Admission Standards as an example. If you have any questions or concerns please contact the Durham Region Help Line at (905) 723-8521, Ext. 2188. We are thankful you care. .~ Mike Pittman, B.Sc., C.P.H.I.(C) Senior Public Health Inspector Environmental Health Division Prepared for the Protection of Ontario Residents by: Ministry of Health and Long- Term Care, Public Heath Division, Infectious Diseases Branch @ 100% Post Consumer 1019 Attachment # 2 to CSD-11-05 ADMISSION STANDARDS FOR PUBLIC POOLS Coroner's Recommendation Admission Standards for Public Pools were developed by the Office of the Chief Coroner to assist lifeguards and assistant lifeguards in maintaining adequate surveillance over the whereabouts and the activities of young bathers while they are inside the pool enclosure. The Ministry of Health and Long-:Term Care strongly supports these recommendations for the purposes of preventing injuries and fatalities. . Children under the age of 10 years who are non-swimmers must be accompanied by a parent or guardian. wh.; is at least 12 years of age and responsible for their direct supervision. The ratio of non-swimmers to parent or guardian may be a maximum of 4 bathers to one parent or guardian (4:1). The ratio of non-swimmers to parent or guardian maybe increased to a maximum of8 bathers to one parent or guardian (8:1) iflifejackets are worn by all non- swimmers in their charge . Children under the age of 10 who are syfflnmers (able to demonstrate comfort in the water and pass the facility swim test) may be admitted to the swimming pool unaccompanied. . Children under the age of 6 years may not be admitted to the swimming pool unless they are accompanied by a parent or guardian who is responsible for their direct supervision, with a maximum of two children for each parent or guardian. I . Guardians or group leaders are responsible for the children in their care while in the facility and must directly supervise the children at all times. . Guardians or group leaders should be at least 12 years of age. . Ratios of instructors/1ifeguards to bathers must also be maintained as per Regulation 565. Class B Public Pools that do not require lifeguards still require bathers under twelve years of age to be accompanied by a parent or his or her agent who is not less than sixteen years of age. 1020 Clmillgton REPORT CLERK'S DEPARTMENT Meeting: General Purpose and Administration Committee Date: February 6, 2006 Report #: CLD-001.06 File #: By-law #: Subject: INTENTION TO DESIGNATE 483 KING AVENUE EAST, NEWCASTLE VILLAGE AS A HERITAGE PROPERTY (THE WALLBRIDGE HOUSE) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-001-06 be received; 2. THAT the notice of objection served on the Municipal Clerk under Section 29. (5) of the Ontario Heritage Act be referred to the Review Board for a hearing and report; and 3. THAT Aird & Berlis and Dunbury Homes be advised of Council's decision. Submitted by: Reviewed by: 0 ~~ ~ Franklin Wu, Chief Administrative Officer PLB* CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 F 905-623-6506 1101 REPORT NO.: CLD-001-06 PAGE 2 of3 BACKGROUND AND COMMENT At the Council meeting held on December 12, 2005, Council considered the matter of designating the Wallbridge House, 483 King Avenue East, Newcastle Village as a property of cultural heritage value or interest and passed the following resolution: "WHEREAS the Ontario Heritage Trust considers the Wallbridge House to be of prQyincial cultural heritage value in its present location; AND WHEREAS the Clarington LACAC and the Newcastle Village and District Historical Society consider the Wallbridge House to be of cultural heritage value; AND WHEREAS the property owner has indicated that they are willing to donate the building to the Municipality, or are willing to sell the property to the Municipality, and are proposing to obtain a demolition permit if the building is not moved or the property is not sold; AND WHEREAS initiation of the heritage designation process under the Ontario Heritage Act will allow time for negotiation with the developer; NOW THEREOFRE BE IT RESOLVED that the Council of the Municipality of Clarington authorizes the Clerk to prepare the notice of intention to designate pursuant to the provisions of the Ontario Heritage Act and report back to Council following the prescribed notification period; AND FURHTER that Planning staff be directed to prepare a feasibility study for municipal use of the Wallbridge House and consult with the stakeholder groups and interested parties and report back to Council." In accordance with the above resolution and the requirements of the Act, a Notice of Intention to Designate was served on the owner of the property and on the Ontario Heritage Trust and was published in the local newspapers. The Notice of Intention advised that any person could deliver to the Municipal Clerk a notice of his or her objection to the proposed designation by January 20, 2006. In response to the Notice of Intention to Designate, Aird & Berlis have filed a notice of objection on behalf of their clients, Dunbury Homes and Clarnew Developments Limited. A copy of the Notice of Intention to Designate together with a copy of the notice of objection is attached as Schedule A. Section 29. (7) of the Act states that where a notice of objection has been served, the council shall refer the matter to the Review Board for a hearing and report. The Review Board will then hold a hearing which is open to the public to determine whether the property should be designated. Within thirty days after the conclusion of a hearing, the Review Board makes a report to the council setting out its findings of fact, its recommendations as to whether or not CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE. ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 1102 REPORT NO.: CLD-001-06 PAGE30f3 the property should be designated and any information or knowledge used by it in reaching its recommendations. After considering the report of the Review Board, council will either designate the property or withdraw the Notice of Intention to Designate. As the notice of objection was received by the Municipal Clerk within the timeframe specified in the Ontario Heritage Act, it is respectfully recommended that the notice of objection be forwarded to the Review Board, in accordance with the Act. ATTACHMENT: Schedule A Intention to Designate Interested parties to be advised of Council's decision: Review Board, Ontario Heritage Trust Aird & Berlis Dunbury Homes CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 1103 Schedule A IN THE MATTER OF THE ONTARIO HERITAGE ACT, R.S.O. 1990, CHAPTER 0.18 AND IN THE MATTER OF THE LANDS AND PREMISES KNOWN MUNICIPALLY AS 483 KING AVENUE, PART LOT 26, CONCESSION 1, FORMER VILLAGE OF NEWCASTLE, NOW IN THE MUNICIPALITY OF CLARINGTON NOTICE OF INTENTION TO DESIGNATE Take Notice that the Council of the Corporation of the Municipality of Clarington intends to designate the property, including the lands and buildings located at 483 King Avenue, Part Lot 26, Concession 1, Former Village of Newcastle, now in the Municipality of Clarington, as a property of architectural and historical value under Part IV of the Ontario Heritage Act, R.S.O. 1990, Chapter 0.18. REASONS FOR PROPOSED DESIGNATION The Wallbridge House is located on property that was originally part of a 600 acre parcel which began at Concession Road 3 extending southward to Metcalfe Street. In 1792 the land was a Crown Grant to Rachel Cruickshank who apparently was a close personal friend of Mrs. John Simcoe Graves. In 1816 she sold the land to Asa E. Wall bridge for $1200 and the house was built in 1819. The Wallbridge House was a very large home for its time and had a total of six fireplaces. Asa E. Wallbridge was born 1782 in Dutchess County, New York State. In 1809 he married Hannah Every and they had five children. He was appointed a magistrate by the Province, however, this may be a Justice of the Peace. In March of 1838, the Bond Head Harbour Company received its charter and one of the founding Directors was Asa E. Wall bridge. Asa E. died in1860 in Newcastle Village. Starting in 1805, the Methodists had what were called Saddlebag Preachers and the Smith's Creek Circuit stretched from Belleville to York (Toronto). In 1824 a second preacher named Rev. Anson Green was added to the circuit. On November 4th he preached the first Methodist sermon at Asa E. Wallbridge's house on the main road. Thus, a Methodist congregation was officially founded in the Wallbridge House. In November of 1974, the 150th anniversary of Methodism in Newcastle was celebrated and the opening ceremonies took place at the home. From 1950 to 1958 this house was known as the Gladibrae Tourist Home, a bed and breakfast owned and operated by Harry and Louise Jose. Descendents of the Wallbridge family continued to reside in this home until 1987 when it was sold to a developer. The house is a one and a half storey, five panel front, Georgian style home which exhibits a profile and arrangement of exterior features favoured in the earlier decades of the 19th century. The original clapboard siding has been covered with aluminum, and the second floor dormer is a 20th century addition. The original six over six, four over four, and three over one windows remain. The front porch retains its six over six sidelights, its transom, entrance door, and entablature. Interior features include the servant's staircase, window casings, interior doors and woodwork. There are only 92 known buildings in all of Ontario that are of this vintage. The Wallbridge House may be the second oldest house in Durham County and may be the oldest building in Durham Region on its original foundation. Further information respecting the proposed designation is available from the Municipality of Clarington, 40 Temperance Street, Bowmanville, Ontario, (905) 623-3379, between the hours of 8:00 a.m. and 5:00 p.m., Monday to Friday. Any person may before the 20th day of January 2006 send or deliver to the Municipal Clerk of the Municipality of Clarington, notice of his or her objection to the proposed designation, setting out the reason for the objection and all relevant facts. When a notice of objection has been received, the Council of the Municipality of Clarington will refer the matter to the Conservation Review Board for a hearing and report. Dated at the Municipality of Clarington this 21st day of December 2005. Patti L. Barrie, A.M.C.T. Municipal Clerk 1104 AIRD & BERLIS LLP 12. Pt\ 2:32:13 B . t d S I" 'o6JRN arns ers an 0 lCltors Kim M. Kovar Direct: 416.865.7769 E-mail: kkovar@airdbertis.com .. .....,' . r)~pm".:"~: -.~~ ~. ~<>;~~ \ (," ~ii~ . ; I "t....,. . , ..... ..--.... .... ..... ; I A"" .." I ~ ~d'.. n J ",-,., ...... ~. .., '. I .. . ~R' ':,"A' TP' ~~';-:_'::.:=: -~._;.:.:;;.;;:-~;:.~ .... ~c~f-' -,. "'t' CO. ",) !.. ------r.--.- _-~_.-..-.--~.......i-- - I I Our File #85 ----."~r--3 F-.--'~ ,,-'-'':---'-- __.._.........l~ ..."....-... -'.._~~. ,- . '. ~~..--_.~,.........--.........~.I'.... ..... ......,-.---.. ~ ~ ~._.~",..".........,...... .,. ..--.. \ t=~~~.:._..:,....._.. '. ::.:=..~:..:,,~-: January 11, 2006 BY FAX #905.623.6506 AND HAND DELIVERED Patti L. Barrie, A.M.C.T. Municipal Clerk Municipality of Clarington 40 Te;nperance Street Bowmanville, Or'! :"1 C 3A6 Dear Ms. Barrie: :;"-l Re: Notice of Intention to Designate 483 King Avenue East, Newcastle Village as a Heritage Property (the Wallbridge House) On behalf of our clients, Dunbury Homes and Clarnew Developments Ltd., we hereby submit a Notice of Objection to the proposed heritage designation on the subject property. Clarnew Developments Ltd. is the registered owner of 483 King Avenue East. We have reviewed your letter of December 14, 2005, the Council resolution and the Notice of Intention to Designate enclosed therewith. It is apparent from the Council resolution that Council is considering the acquisition of this property and/or the building itself. It is also apparent that a designation under the Ontario Heritage Act, if upheld, would serve to limit our client's options with respect to the property. Not only would the designation allow time, as the Council resolution states, "for negotiation with the developer", it would also affect the value of the property in question. We are concerned that Council's decision to designate this property may have had as much to do with preserving or enhancing its position in ongoing negotiations with our client than with the heritage features of the property in question. In our submission, that represents an inappropriate use of the designation power provided in the Ontario Heritage Act. The Council resolution also states that the "Ontario Heritage Trust considers the Wallbridge House to be of provincial cultural heritage value in its present location." That does not appear to be the case. We have reviewed the letter dated December 6, 2005 from the Director, Heritage Programs and Operations, of the Ontario Heritage Trust to your David Crome addressing this issue. While the Director is certainly of the view that Wallbridge House is of historic significance with "enormous potential for adaptive reuse", she does not state that it is of "provincial cultural heritage value" nor does she indicate any interest on the part of the Province of Ontario in designating the property, as the Province is entitled to do. It is clear from the Council resolution that the decision to designate the property relied, at least in part, on an incorrect understanding that this property was of provincial cultural heritage value. BCE Place. 181 Bay St., Suite 1800, Box 754 . Toronto. ON . M5J 2T9 T 416.865.3072 F 416.863.1515 www.airdberlis.com 1105 January 11, 2006 Page 2 Finally, our client learned of Council's decision to propose this designation only very recently and after the fact, and has not yet retained a heritage expert to advise in this regard. Accordingly, we reserve the right to bring forward additional grounds in support of this objection. Dunbury Homes and Clarnew Developments Ltd. continue to be Willing to negotiate in good faith with the municipality in order to arrive at a fair price for this property, but object to the proposed heritage designation for the reasons set out above. Yours very truly, AIRC & BERLlS LLP ~~- Kim M. Kovar KMK/JF/ss cc: Shawn Goldenberg, Dunbury Homes ::ODMA\PCDOCS\DOCS\2004381\1 AIRO & BERLlS LLP 1106 Barristers and Solicitors C!N:.-!l]gron REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: February 6,2006 Report #: COD ~8-06 File#_ By-law # Subject: Oshawa/Clarington Association for Community Living and John Howard Society Lease Agreements Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-00B-06 be received; 2. THAT the Lease agreement (Attachment #1) with the Oshawa/Clarington Association for Community Living in the amount of $12,021.93 per annum for one (1) year term be approved; 3. THAT the Lease agreement (Attachment #2) with the John Howard Society in the amount of $12,021.93 per annum for one (1) year term be approved; and 4. THAT the attached By-laws marked Attachment #3 and Attachment #4 be approved authorizing the Mayor and the Clerk to execute the necessary agreements; . Submitted by: V~ -Marie Marano, H.B.Sc., C.M.O. Director of Corporate Services ReViewedbQ ! -b' I? Q~~ Franklin Wu, Chief Administrative Officer MM\LAB\km 1201 REPORT NO.: COO-08-06 PAGE 2 BACKGROUND AND COMMENT The Municipality has existing Lease agreements with the Oshawa Clarington Association for Community Living and the John Howard Society for the premises at 132 Church Street, Bowmanville since 1997. Administrative Services, Employment Resource Centre for Youth and the Firehouse Youth Activity Centre are the main activities in the former apparatus bay area and main floor of the building. The proposed lease is effective January 1, 2006, and will expire December 31,2006. The amounts proposed for each of the tenants represents a five (5) percent increase in the monthly rent over the previous lease agreement. Attachment #1 Attachment #2 Attachment #3 Attachment #4 Oshawal.Clarington Association for Community Living Agreement John Howard Society Agreement By-law By-law 1202 { THIS LEASE dated as of the .1L day of December in pursuance of the Short Forins of Leases Act. BETWEEN: ATTACHMENT #1 , 2008:, 2005 The Corporation of the Municipality of Clarlngton (hereinafter called the -Landlord-) -and- O.hawa Clarlnaton Association for Community L1vlna a corporation incorporated under the laws of the Province of pntarlo (hereinafter called the "Tenant"). . OF THE SECOND PART LEASE AGREEMENT 1203 ATTACHMENT #1 H;\LEASES\OCAfOlCL-LEASE-2006.DOC BETWEEN: The Corporation of the Municipality of Clarington (hereinafter called the "Landlord") -and- Oshawa Clarington Association for Community Living (hereinafter called the "Tenant") WHEREAS the Landlord has agreed to lease to the Tenant and the Tenant has agreed to lease from the Landlord the assigned space at the Fire and Court Building, 132 Church Street, Bowmanville, Municipality of Clarington, Regional Municipality of Durham (the "Premises"). NOW THEREFORE THIS LEASE WITNESSES that in consideration of the rents, covenants and agreements hereinafter reserved and contained on the part of the Landlord and the Tenant, the Landlord leases to the Tenant, and the Tenant leases from the Landlord. the Premises on the following tenns and conditions: 1. T enn (a) The Tenant shall have and hold as tenant for a tenn of one (1) year commencing January 1, 2006 and ending December 31,2006 (hereinafter called the "Tenn"). 2. Use The Tenant shall continuously occupy the Premises throughout the Tenn, subject to and in accordance with the provisions of this Lease, solely for uses pennitted by law and for no other use or purpose. The Tenant shall not commit or suffer or. pennit to be committed (i) any waste or damage, disfiguration or injury to the Premises or the improvements, Installations, fixtures and equipment thereon and (Ii) any nuisance in, at or on the Premises. The Tenant shall not do or pennit anything to be done that results In. the cancellation or threatened cancellation or the reduction of coverage under or threatened reduction of coverage under any insurance policy on the Premises or any part of it. PAGE 2 1204 ATTACHMENT #1 H:\lEASES\OCAforCL -LEASE-2006.DOC 3. Demised Premises The demised premises is comprised of the administration areas, the fonner apparatus bay, Courtroom #2, and adjacent office. 4. Licensed Areas The Licensed Areas includes the non-exclusive use of the Court Room One and entrances, exit and stairs of the aforesaid building, the exclusive use of the lower and main floors, and the use of the east ten (10) parking spaces in a designated area, on the east side of the building. 5. Basic Rent During the Tenn, the Tenant shall pay to the landlord annual minimum rent of $12,021.93 per year. 6. Tenant's Duty to Maintain The Tenant at all times throughout the tenn shall maintain the premises In a satisfactory condition as detennined by the landlord. Acting reasonably, without limiting the foregoing. the Tenant shall keep the Premises In a clean condition, obtain at its expense, janitorial services, and daily operating expenses. 7. Net lease The Tenant acknowledges, covenants and agrees that, except as herein expressly set out. it is intended that this lease and the rentals herein provided to be paid shall be completely net and carefree to the landlord. All amounts required to be paid by the Tenant hereunder (whether to the Landlord or third parties) shall be"additional rent and all additional rent shall be payable and recoverable as Basic Rent, but in the manner herein provided, and the landlord shall have all rights against the Tenant for default in any such payment as in the case of arrears of Basic Rent . 8. Reoairs and Maintenance The Tenant hereby accepts the Premises on an "as is" basis. The Tenant. at its own expense, shall maintain and keep. the Premises and every part thereof, in good working order and condition and prompUy make all needed maintenance, repairs and replacements as would a prudent owner of similar premises (reasonable wear and tear and damage by. fire. lightning and tempest and structural defects only excepted). The Tenant shall keep the Premises clean and in such condition as a prudent owner would do. If structural repairs or replacements to the roof, foundation or load bearing walls or the heating equipment of the Premises are required during the Tenn, then the landlord shall be obligated, at its expense, to effect such repairs or replacements. The Tenant covenants with the landlord to leave the Premises in as good repair as the Premises were at the commencement of the Tenn. 1205 PAGE 3 ATfACHMENT #1 9. Alterations H:\LEASES\OCAforCL-LEASE-2006.DOC If the Tenant, during the Terms of this Lease or any renewal of it, desires to make any alterations or additions to the Premises. including but not limited to: erecting partitions. attaching equipment, and installing necessary furnishings or additional equipment of the Tenanfs business, the Tenant may do so at his own expense, at any time and from time to time, if the following conditions are met: (i) before undertaking any alteration or addition the Tenant shall submit to the Landlord a plan showing the proposed alterations or additions and the Tenant shall not proceed to make any alteration or addition unless the Landlord has approved the plan, and the Landlord shall not unreasonably or arbitrarily withhold its approval and items included in the plan which are regarded by the Tenant as "Trade Fixtures" shall be designated as sun on the plan; and (Ii) any and all alterations or additions to the Premises made by the Tenant must comply with all applicable building code standards and by-laws of the municipality in which the Premises are located. (b) The Tenant shall be responsible for and pay the cost of any alterations, additions, installations or improvements that any governing authority, municipal, provincial or otherwise. may require to be made in, on or to the Premises. (a) (c) No sign, advertisement or notice shall be inscribed, painted or affixed by the Tenant, or any other person on the T enanfs behalf, on any part of the inside or outside of the building in which the Premises are located unless the sign, advertisement or notice has been approved in every respect by the Landlord. (d) All alterations and additions to the Premises made by or on behalf of the Tenant, other than the Tenanfs Trade Fixtures, shall Immediately become the property of the Landlord without compensation to the Tenant. (e) The Tenant agrees, at his own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance that may be registered against the Landlord's property in connection with any additions or alterations to the Premises made by the Tenant or in connection with any other activity of the Tenant. 10. Insurance and Indemnification (a) The Tenant shall provide and maintain during thetenn of the lease Commercial I Comprehensive General Liability insurance acceptable to the Municipality and subject to limits of not less than $3,000,000.00 Inclusive per occurrence for bodily injury, death and damage to property including loss of use thereof. (b) The Commercial I Comprehensive General Liability insurance policies shall be in the name of the Tenant and shall name the Landlord as an additional insured thereunder. (c) Such insurance policies shall contain an endorsement to provide the Municipality with thirty (30) days written notice of cancellation. PAGE 4 1206 ATTACHMENT #1 H:\LEASES\OCAforCL.LEASE-2006.DOC (d) Evidence of insurance satisfactory to the Municipality's Insurance Administrator shall be provided prior to execution of the lease. If requested by the Landlord, Certified Copies of the above-referenced polity must be provided. The Tenant shall indemnify and save harmless the Landlord from any and all claims, demands, causes of action, loss, costs or damages that the Landlord may suffer, Incur or be liable for, resulting from the performance of the Tenant of his obligations under the lease agreement, save and eltCept damages, claims, demands, actions or cause of action arising out of or as a result of the actions of the Landlord, its agents or employees. And the Tenant shall provide the Landlord with a copy of the policy certified by the insurer. 11. Damaae and Destruction If the Premises are destroyed or damaged by fire, lightning, tempest or other casualty, then and In every such event if, in the opinion of the Landlord's architect, the damage or destruction of such Building renders the whole or any substantial part of the said Building unfit for occupancy or impossible or unsafe for use and occupancy or impossible for the Tenant to continue to carry on its business, either the Landlord or the Tenant may at its option, terminate this Lease by giving to the other notice in writing of such termination, in which event, this Lease and the Term shall cease and be at an end as of the date of such destruction or damage, and the rent and all other payments for which the Tenant is liable under the terms of this Lease shall be apportioned and paid. in full to the date of such destruction or damage; 12. Quiet Eniovment The Landlord covenants with the Tenant for quiet enjoyment 13. Govemment Reauirements The Tenant shall, at its sole cost and expense. during the Term: (a) observe and comply with all applicable govemmentallaws and regulations including, without limitation, federal and provincial legislative enactments. Building by-laws and other govemmental or municipal regulations which relate to the Premises or the partitioning, equipment, operation and use thereof and to the making of any repairs, replacements, alterations, additions, changes, substitutions or improvements. of or to the Premises. The Tenant shall comply with all police, fire and sanitary regulations imposed by any federal,. provincial or municipal authorities. or made by insurance underwriters and shall observe all governmental and municipal regulations and other requirements goveming the conduct of any business conducted in the Premises; (b) obtain all necessary permits, licenses and approvals relating to the use and occupancy of the Premises and the conduct of business therein; and 1207 PAGE 5 ATTACHMENT #1 H:\lEASESIOCAflllCl-LEASE-2006.DOC (C) carry out all modifications, alterations or changes to the Premises and the T enanfs conduct of business in or use of the Premises which are required by any such authorities. The Tenant shall indemnify and hold the Landlord hannless against any penalty or fine imposed for any viola~on of any law, by-law or regulation by the Tenant or those for whom the Tenant is in law responsible. 14. 'Default The following events ("Events of Default") shall be deemed a default (a "default") under this Lease: (a) If the Tenant fails to pay any instalment of Basic Rent promptly when due or additional rent hereunder ("Additional Rent") no later than five (5) days following the respective due date; (b) If the Tenant fails to observe or perfonn any other tenn, covenant, condition or obligation under this Lease that is capable of remedy other than a default in the payment of Basic Rent or Additional Rent, and such default remains unremedied after thirty (30) days following written notice from the Landlord to the Tenant specifying such default and requiring the Tenant to remedy the default; (c) If the Tenant fails to observe and perfonn any other tenn, covenant, conditions or obligation under this Lease that is not capable of remedy other than a default in the payment of Basic Rent or Additional Rent and the Tenant receives written notice from the Landlord specifying such default; (d) If the Tenant makes an assignment for the benefit of its creditors generally, or if. the Tenant is declared bankrupt or insolvent, or If a petition in bankruptcy is filed against the Tenant, or if the Tenant files an assignment in bankruptcy or takes or attempts to take the advantage of any legislation for relief of bankrupt or insolvent debtors, or if a receiver or a receiver and manager is appointed for all or a portion of the Tenanfs property, or If any steps are taken or any action or proceedings are instituted by the Tenant or by any other party including. without limitation, any court or governmental body of competent jurisdiction for the dissolution, winding-up or liquidation of the Tenant or its assets, unless such proceeding be set aside, discharged or abandoned within fourteen (14) days. For the purposes of this Subsection, "Tenant" shall mean the Tenant and any person carrying on business in or occupying the whole or any part of the Premises; (e) If, the Tenant makes or attempts to make any bulk sale of any of its assets situated in the Premises in contravention of the provisions of this Lease, or If any Tenant sells, disposes, removes or attempts to remove from the Premises a part of its trade fixtures, furniture, improvements, chattels or goods other than in the nonnal course of business so that there would In the event of such sale, disposal or removal be sufficient trade fixtures, furniture, improvements. chattels or goods of the Tenant on the Premises subject to distress to satisfy all rent due or accruing hereunder for a period of at least twelve (12) months; or (f) If the Premises becomes and remains vacant for a period of five (5) consecutive days. Upon an Event of Default. the full amount of Basic Rent and Additional Rent then owing and the current month's Basic Rent and Additional Rent together with the . next ensuing three (3)months instalments of Basic Rent and Additional Rent shall immediately become due and payable unless the Landlord gives written notice to the Tenant to the contrary. PAGE 6 1208 ATTACHMENT #1 15. Richt of Re-Entrv Upon an Event of Default and at the opinion of the Landlord, the Landlord. in addition to any other remedy or right it may have, and without notice or any form of legal process, may forthwith re-enter upon and take possession of the Premises without thereby terminating this Lease and remove and sell the Tenanrs goods, ctl~~Ii~ equipment and trade fixtures therefrom, any rule of law or equity to.the contrary notwithstanding. The Landlord may seize and sell such goods, chattels. equipment and trade fixtures of the Tenant as are in the Premises and may apply the proceeds thereof to all rent and other payments to which the Landlord is then entitled under this Lease. Any such sale may be effected in the discretion of the Landlord by public auction or otherwise, and either in bulk or by individual item, or partly by one means and party by another, all as the Landlord in its sole discretion may decide. If any of the Tenanrs property is disposed of as provided in this Section, ten (10) days prior notice to the Tenant of disposition shall be deemed to be commercially reasonable. H:\LEASES\OCAforCL-LEASE-2006.DOC 16. Richt ofTermination In addition to all rights and remedies of the Landlord available to It by any provision of this Lease or given by law to the Landlord, the Tenant agrees that upon an Event of Default the Landlord shall have the right to terminate this Lease upon notice in writing to the Tenant. Upon such notice, this Lease shall terminate immediately without the necessity of any legal proceeding whatsoever. The Tenant shall thereupon within three (3) days quit and surrender the Premises to the Landlord, or if not yet in possession. the Tenant shall no longer have any right to possession of the Premises, and the Landlord, its agents and servants, shall have the right to enter the Premises and dispossess the Tenant and remove any persons or property therefrom without the necessity. of legal proceeding whatsoever and without being liable to the Tenant therefor in damages, or otherwise. Either party shall have the right to cancel this Lease at any time during the term by giving the other party no less than three (3) month prior written notice of termination. 17. Richt to Re-Iet etc. If the Landlord re-enters pursuant to the provisions of either this Lease or any applicable law, the Landlord, without limiting its right to recover damages, may either terminate this Lease under this section or It may from time to time without terminating the Tenanrs obligations under this Lease, make any alterations and repairs considered necessary by the Landlord to facilitate a reletting, and relet the Premises or any part thereof as agent of the Tenant for such term or terms and at such rental or rentals and upon such other terms and conditions as the Landlord in its reasonable discretion considers advisable. Upon each reletting, all rent and other moneys received by the Landlord from the reletting will be applied (I) to the payment of indebtedness other than rent due hereunder from the Tenant to the Landlord (II) to the payment of costs and expenses of the relettlng including brokerage fees, legal fees and costs of the alterations and repairs and (ill) to the payment of rent due and unpaid hereunder. The residue, if any, will be held by the Landlord and applied In payment of future rent as It becomes due and payable. If the rent received from the reletting during a month is less than the rent to be paid during that month by the Tenant, the Tenant shall pay the deficiency to the Landlord. The deficiency shall be calculated by the Landlord and paid monthly in advance on or before the first day of every month by the Tenant. No re-entry by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of that intention is given to the Tenant. Despite a reletting without termination, the Landlord may elect at any time to terminate this Lease for a previous breach. 1 209 PAGE 7 ATTACHMENT #1 H:\LEASES\OCAforCL-LEASE-2006.DOC 18. Damaaes If the Landlord shall terminate this Lease as provided herein, the Tenant shall pay to the Landlord on demand, rent hereunder up to the time of re-entry or termination, whichever shall be the later. 19. SeDarate Remedies The Landlord may from time to time resort to any or all of the rights and remedies available to it upon an Event of Default, either by any provision of this Lease or by statute or the general law, all of which rights and remedies are intended to be cumulative and not altemative and may be exercised generally or in combination. 20." Waiver (a) Notwithstanding anything contained in any statute now or hereafter in force limiting or abrogating the right of distress, none of the goods, chattels or trade fIXtures of the Tenant on the Premises at any time during the Term shall be exempt from levy by distress for rent in arrears, and if any claim is made for such exemption by the Tenant or if a distress Is made by the Landlord of if any action is brought to test the right of the Landlord to levy upon any such goods as are so exempted, this Lease "lay be pleaded as an estoppel against the Tenant, the Tenant hereby waiving each and every benefit that could or might have accrued to the Tenant under and by virtue of any such statute by for this Lease. (b) Failure of the Landlord to insist upon the performance of any covenant or condition of this Lease or to exercise any right or option contained in this Lease shall not be construed as a waiver or relinquishment of any such covenant, conditions, right or option or of any subsequent breach of the same. No variation or waiver of any covenant or condition of this Lease shall be valid unless In writing and signed by duly authorized persons on behalf of the Landlord. 21. Covenants Every obligation of the Landlord or the Tenant expressed in this Lease, even though not expressed as a covenant, shall be a covenant for all purposes. The Tenant acknowledges that it shall have no right to any benefit of division or discussion. 22. Time of Essence Time shall be of the essence in all respects hereunder. 23. Enforceability If any term. covenant or condition of this Lease or the application thereOf to any person or circumstan~ is to any extent held or rendered invalid, unenforceable or illegal, the remainder of this Lease or the application of such term, covenant or conditions to persons or circumstances other than those with respect to which it is held invalid. unenforceable or illegal is not affected thereby and continues to be applicable and enforceable to the fullest extent permitted by law. PAGE 8 1210 AlTACHMENT #1 H:\LEASES\OCAforCL.LEASE-2006.DOC 24. Notices Any notice that one party hereto may desire or be required to give to the other party hereto shall for all purposes be deemed to have been sufficienUy and property given, if delivered personally or forwarded by registered mail and addressed In the case of the Landlord to: Municipality of Clarington 40 Temperance Street, Bowmanville, Ontario L 1 C 3A6 Attention: Lou Ann Birkett, Purchasing Manager and in the case of the Tenant to the Premises and shall be presumed to have been received on the date of delivery, if delivered personally, or If forwarded by registered mail on the third business day following such mailing. Any notice shall be In writing, except as expressly otherwise provided herein, and shall be given only by delivery as aforesaid In the event of post interruption. The landlord The Tenant: Oshawa Clarington Association for Community Living 132 Church Street, Bowmanville, Ontario 25. Rieht to Sublet The Tenant shall have the right to sublease any portion of their useable leased area, provided that the use and occupation of the Area of the Premises remains as pennitted by this lease, and is complimentary to the operation of the Tenant. The Tenant must provide the landlord with written notification of any sublease entered into by the Tenant. It is the Tenants responsibility to ensure that all tenns and conditions of this lease are adhered to by tenants subleasing. At any time during the tenn of the lease, the Landlord reserves the right to revoke the right to sublease, should the Tenants who have subleased be in violation of the tenns of this lease, and or should the intended use of the premises not be maintained. The Tenant will assume all responsibility for any subtenants with respect to Insurance and Indemnification as identified in this lease. The existence of any sublease shall In no way reduce the responsibility of the Tenant 26. Danaerous Use The Tenant shall not commit or pennit anything which will increase the cost of the landlord's insurance or render any insurance on or relating to the Premises subject to cancellation. 27. Rules Reaardlna ODeration of Demised Premises The Municipality's Property Manager from time to time may give the Tenant written notice of rules regarding the operation of the premises. Such rules shall be complied with by the Tenant's and Sub-Tenants during the Tenn of the Lease and any extensions or renewal thereof. 28. Smoke Free Building The Tenant shall not pennit or allow any person to smoke tobacco product anywhere in the building. 1211 PAGE 9 ATTACHMENT #1 H:IlEASESIOCAforCl.lEASE-2006.DOC 29. .Enurement This Lease and everything herein contained shall enure to the benefit of and be binding upon the parties hereto their successors and pennitted assigns respectively. 30. Govemina Law This Lease shall be interpreted, governed and enforced in accordance with the law of the Province of Ontario, Canada. 31. Notice of Accident etc. The Tenant shall promptly notify the Landlord of any accident, defect, damage or deficiency in or on any part of the Premises which comes to the attention of the Tenant, it's employees or contractors, notwithstanding that the Landlord may have no obligation in respect thereof. IN WITNESS WHEREOF the parties have duly executed and unconditionally delivered this Lease as of the date first above written. OSHAWA CLARINGTON ASSOCIATION FOR COMMUNITY LIVING By: 9r-A.~ _:~~p 1212 PAGE 10 ATTACHMENT #2 THIS LEASE dated as of the _ day of in pursuance of the Short Forms of Leases Act. ,2006, BETWEEN: The Corporation of the Municipality of Clarlngton (hereinafter called the -Landlord-) -and- The John Howard Socletv a corporation incorporated under the laws of the Province of Ontario (hereinafter callecJ the "Tenant") OF THE SECOND PART LEASE AGREEMENT 1213 ATTACHMENT #2 H:IlEASESUHS-LEASE~2006.DOC BETWEEN: The Corporation of the Municipality of Clarington (hereinafter called the "Landlord") - and - The John Howard Society (hereinafter called the "Tenant") WHEREAS the Landlord has agreed to lease to the Tenant and the Tenant has agreed to laase from the Landlord the assigned space at the Fire and Court Building. 132 Church Street, Bowmanville, Municipality of Clarington, Regional Municipality of Durham. (the "Premises"). NOW THEREFORE THIS LEASE WITNESSES that in consideration of the rents, covenants and agreements hereinafter reserved and contained on the part of the Landlord and the Tenant, the Landlord leases to the Tenant, and the Tenant leases from the Landlord, the Premises on the following terms and conditions: 1. Term (a) The Tenant shall have and hold as tenant for a term of one (1) year commencing January 1, 2006 and ending December 31, 2006 (hereinafter called the "Term"). 2. UH The Tenant shall continuously occupy the Premises throughout the Term, subject to and in accordance with the provisions of this Lease, solely for uses permitted by law and for no other use or purpose. The Tenant shall not commit or suffer or permit to be committed (i) any waste or damage, disfiguration or injury to the Premises or the improvements, installations, fixtures and equipment thereon and (ii) any nuisance in, at or on the Premises. The Tenant shall not do or permit anything to be done that results in the cancellation or threatened cancellation or the reduction of coverage under or threatened reduction of coverage under any insurance policy on the Premises or any part of it. PAGE 2 1214 ATTACHMENT #2 H:\LEASES\JHS-LEASE-2006.DOG 3. Demised Premises The demised premises is comprised of the administration areas, the fonner apparatus bay, Courtroom #2, and adjacent office. 4. Licensed Areas The Licensed Areas includes the non-exclusive use of the Court Room One and entrances, exit and stairs of the aforesaid building, the exclusive use of the lower and main floors, and the use of the east ten (10) parking spaces in a designated area, on the east side of the building. 5. Basic Rent During the Tenn, the Tenant shall pay to the Landlord annual minimum rent of $12,021.93 per year. 6. Tenant's Duty to Maintain The Tenant at all times throughout the tenn shall maintain the premises In a satisfactory condition as detennlned by the Landlord. Acting reasonably, without . limiting the foregoing. the Tenant shall keep the Premises In a clean condition, obtain at its expense, janitorial se'Xlces, and dally operating expenses. 7. Net Lease The Tenant acknowledges, covenants and agrees that, except as herein expressly set out, it is intended that this Lease and the rentals herein provided to be paid shall be completely net and carefree to the Landlord. All amounts required to be paid by the Tenant hereunder (whether to the Landlord or third parties) shall be additional rent and all additional rent shall be payable and recoverable as Basic. Rent, . but in the manner herein provided, and the Landlord shall have all rights against the Tenant for default in any such payment as in the case of arrears of Basic Refit . . " , * 8. Reoairs and Maintenance . ...1.. ' The Tenant hereby accepts the Premises on an .as is. basis. The Tenant. at its oiNn expense, shall maintain and keep the Premises and every part thereof, in good working order and condition and prompUy make all needed maintenance, repairs and replacements as would a prudent owner of similar premises (reasonable wear and tear and damage by fire, lightning and tempest and structural defects only excepted). The Tenant shall keep the Premises clean and In such condition a.s a prudent owner would do. If structural repairs or replacements to the roof, foundation or load bearing walls or the heating equipment of the Premises are required during the Tenn, then the Landlord shall be obligated, at its expense, to effect such repairs or replacements. The Tenant covenants with. the Landlord to leave the Premises in as good repair as the Premises were at the commencement of the Tenn. 1215 PAGE 3 ATTACHMENT #2 9. Alterations H:\LEASESWHS-LEASE-2006.DOC (a) If the Tenant, during the Terms of this lease or any renewal of it, desires to make any alterations or additions to the Premises, including but not limited to: erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment of the Tenanfs business, the Tenant may do so at his own expense, at any time and from time to time, if the following conditions are met: (i) before undertaking any alteration or addition the Tenant shall submit to the landlord a plan showing the proposed alterations or additions and the Tenant shall not proceed to make any alteration or addition unless the landlord has approved the plan, and the landlord shall not unreasonably or arbitrarily withhold its approval and items included in the plan which are regarded by the Tenant as "Trade Fixtures" shall be designated as sun on the plan; and '(ii) any and all alterations or additions to the Premises made by the Tenant must comply with all applicable building code standards and by-laws of the municipality in which the Premises are located. (b) The Tenant shall be responsible for and pay the cost of any alterations, additions, installations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on or to the Premises. (c) No sign, advertisement or notice shall be inscribed, painted or affixed by the Tenant, or any other person on the Tenanfs behalf, on any part of the inside or outside of the building in which the Premises are located unless the sign. advertisement or notice has been approved in every respect by the landlord. (d) All alterations and additions to the Premises made by or on behalf of the Tenant, other than the Tenanfs Trade Fixtures. shall immediately become the property of the landlord without compensation to the Tenant (e) The Tenant agrees. at his own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance that may be registered against the Landlord's property in conneqtion with any additions or alterations to the Premises made by the Tenant or in connection with any other activity of the Tenant 10. Insurance and Indemnification (a) The Tenant shall provide and maintain during the term of the lease Commercial ! Comprehensive General Liability insurance acceptable to the Municipality and subject to limits of not less than $3,000,000.00 inclusive per occurrence for bodily injury, death and damage to property including loss of use thereof. (b) The Commercial! Comprehensive General Liability insurance policies shall be in the name of the Tenant and shall name the landlord as an additional insured thereunder. (c) Such insurance policies shall contain an endorsement to provide the Municipality with thirty (30) days written notice of cancellation. PAGE 4 1216 ATTACHMENT #2 . H:\LEASESWHS-LEASE-2006.00C (d) Evidence of insurance satisfactory to the Municipality's Insurance Administrator shall be provided prior to execution of the lease. If requested by the Landlord, Certified Copies of the above-referenced polity must be provided. The Tenant shall indemnify and save harmless the Landlord from any and all claims, demands, causes of action, loss, costs or damages that the Landlord may suffer, incur or be liable for, resulting from the performance of the Tenant of his obligations under the lease agreement, save and except damages, claims, demands, actions or cause of action arising out of or as a result of the actions of the Landlord, its agents or employees. And the Tenant shall provide the Landlord with a copy of the policy certified by the insurer. 11. Damaae and Destruction If the Premises are destroyed or damaged by fire, lightning, tempest or other casualty, then and in every such event if, in the opinion of the Landlord's architect, the damage or destruction of such Building renders the whole or any substantial part of the said Building unfit for occupancy or impossible or unsafe for use and occupancy or impossible for the Tenant to continue to carry on its business, either the Landlord or the Tenant may at its option, terminate this Lease by giving to the other notice in writing of such termination. in which event, this Lease and the Term shall cease and be at an end as of the date of such destruction or damage, and the rent and all other payments for which the Tenant is liable under the terms of this Lease shall be apportioned and paid in full to the date of such destruction or damage; 12. Quiet Eniovment The Landlord covenants with the Tenant for quiet enjoyment 13. Govemment Reauirements The Tenant shall, at its sole cost and expense, during the Term: (a) observe and comply with all applicable govemmentallaws and regulations including, without limitation. federal and provincial legislative enactments. Building by-laws and other governmental or municipal regulations which relate to the Premises or the partitioning, equipment, operation and. use thereof and to the making of any repairs, replacements, alterations, additions, changes, substitutions or improvements of or to the Premises. The Tenant shall comply with all police, fire and sanitary regulations imposed by any federal. provincial or municipal authorities, or made by insurance underwriters and shall observe all governmental and municipal regulations and other requirements governing the conduct of any business conducted in the Premises; (b) obtain all necessary permits, licenses and approvals relating to the use and occupancy of the Premises and the conduct of business therein; and 1217 PAGE 5 ATTACHMENT #2 H:\lEASES\JHS-LEASE~200&DOC (C) cany out all modifications, alterations or changes ~ the P~miS8$ and .the Tenant's conduct of business in or use of the PremIses whIch are reqUIred by any such authorities. The Tenant shall indemnify and hold the Landlord harmless against any penalty or fine imposed for any violation of any law, by-law or regulation by the Tenant or those for whom the Tenant is in law responsible. 14. Default The following events ("Events of Defaulr) shall be deemed a default (a Rdefaulr) under this Lease: If the Tenant fails to pay any instalment of Basic Rent prompUy when due or additional rent hereunder (RAdditional Rent") no later than five (5) days following the respective due date; If the Tenant fails to observe or perform any other term, covenant, condition or obligation under this Lease that is capable of remedy other than a default . in the payment of Basic Rent or Additional Rent, and such default remains unremedied after thirty (30) days following written notice from the Landlord to the Tenant specifying such default and requiring the Tenant to remedy the default; If the Tenant fails to observe and perform any other term. covenant, conditions or obligation under this Lease that is not capable of remedy other than a default in the payment of Basic Rent or Additional Rent and the Tenant receives written notice from the Landlord specifying such default; If the Tenant makes an assignment for the benefit of its creditors generally, or if the Tenant is declared bankrupt or insolvent, or If a petition in bankruptcy is filed against the Tenant. or if the Tenant files an assignment in bankruptcy or takes or attempts to take the advantage of any legislation for relief of bankrupt or insolvent debtors, or If a receiver or a receiver and manager is appo.inted for all or a portion of the Tenanrs property" or if any steps are taken or any action or proceedings are instituted by the Tenant or by any other party including, without limitation, any court or governmental body of competent jurisdiction for the dissolution, winding-up or liquidation of the Tenant or its assets, unless such Proceeding be set aside, discharged or abandoned within fourteen (14) days. For the purposes of this Subsection, "Tenant" shall mean the Tenant and any person carrying on business in or. occupying the whole or any part of the Premises; . If, the Tenant makes or attempts to make any bulk sale of any of its assets situated in the Premises in contravention of the provisions of this Lease, or if any Tenant sells, disposes, removes or attempts to remove from the Premises a part of its trade fixtures, fumiture, improvements, chattels or goods other than in the normal course of business so that there would in the event of such sale. disposal or removal be sufficient trade fixtures, fumiture, improvements, chattels or goods of the Tenant on the Premises subject to distress to satisfy all rent due or accruing hereunder for a. period of at least twelve (12) months; or If the Premises becomes and remains vacant for a period of five (5) consecutive days. . Upon an Event of Default, the full amount of Basic Rent and Additional Rent then owing and the current month's Basic Rent and Additional Rent together with the next ensuing three (3)months instalments of Basic Rent and Additional Rent shall immediately become due and payable unless the Landlord gives written notice to the Tenant to the contrary. (a) (b) (c) (d) (e) (f) PAGE 6 1218 ATTACHMENT #2 15. Riaht of Re-Entrv Upon an Event of Default and at the opinion of the Landlord, the Landlord, in addition to any other remedy or right it may have, and without notice or any form of legal process, may forthwith re-enter upon and take possession of the Premises without thereby terminating this Lease and remove and sell the Tenanfs goods, chattels, equipment and trade fixtures therefrom, any rule of law or equity to the contrary notwithstanding. The Landlord may seize and sell such goods, chattels, equipment and trade fixtures of the Tenant as are in the Premises and may apply the proceeds thereof to all rent and other payments to which the Landlord is then entitled under this Lease. Any such sale may be effected in the discretion of the Landlord by.publlc auction or otherwise, and either in bulk or by individual Item, or partly by one means and party by another, all as the Landlord in its sole discretion may decide. If any of the Tenants property is disposed of as provided in this Section, ten (10) days prior notice to the Tenant of disposition shall be deemed to be commercially reasonable. H:Il.EASES\JHS-LEASE-2006.00C 16. Riaht ofTermination . In addition to all rights and remedies of the Landlord available to it by any provision of this Lease or given by law to the Landlord, the Tenant agrees that upon an Event of Default the Landlord shall have the right to terminate this Lease upon notice in writing to the Tenant. Upon such notice, this Lease shall terminate immediately without the necessity of any legal proceeding whatsoever. The Tenant shall thereupon within three (3) days quit and surrender the Premises to the Landlord, or if not yet in possession, the Tenant shall no longer have any right to possession of the Premises, and the Landlord, its agents and servants, shall have the right to enter the Premises and dispossess the Tenant and remove any persons or property therefrom without the necessity of legal proceeding whatsoever and without being liable to the Tenant therefor in damages, or otherwise. Either party shall have the right to cancel this Lease at any time during the term by giving the other party no less than three (3) month prior written notice of termination. 17. Riaht to Re-Iet etc. If the Landlord re-enters pursuant to the provisions of either this Lease or any applicable law, the Landlord, without limiting its right to recover damages, may either terminate this Lease under this section or it may from time to time without terminating the Tenants obligations under this Lease, make any alterations and repairs considered necessary by the Landlord to facilitate areletting, and relet the Premises or any part thereof as agent of the Tenant for such term or terms and at such rental or rentals and upon such other terms and conditions as the Landlord In its reasonable discretion considers advisable. Upon each reletting, all rent and other moneys received by the Landlord from the reletting will be applied (i) to the payment of indebtedness other than rent due hereunder from the Tenant to the Landlord (ii) to the payment of costs and expenses of the reletting including brokerage fees, legal fees and costs of the alterations and repairs and (III) to the payment of rent due and unpaid hereunder. The residue, If any, will be held by the Landlord and applied in payment of future rent as it becomes due and payable. If the rent received from the reletting during a month is less than the rent to be paid during that month by the Tenant, the Tenant shall pay the deficiency to the Landlord. The deficiency shall be calculated by the Landlord and paid monthly In advance on or before the first day of every month by the Tenant. No re-entry by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of that intention is given to the Tenant Despite a reletting without termination, the Landlord may elect at any time to terminate this Lease for a previous breach. . 1 2 1 9 PAGE 7 ATTACHMENT #2 H:\LEASES\JHS-LEASE-2006.DOC 18. Damaaes If the Landlord shall terminate this Lease as provided herein, the Tenant shall pay to the Landlord on demand, rent hereunder up to the time of re-entry or termination, whichever shall be the later. 19. SeDarate Remedies The Landlord may from time to time resort to any or all of the rights and remedies available to it upon an Event of Default, either by any proviSion of this Lease or by statute or the general law, all of which rights and remedies are intended to be cumulative and not alternative and may be exercised generally or in combination. 20. Waiver (a) Notwithstanding anything contained in any statute now or hereafter in force limiting or abrogating the right of distress, none of the goods, chattels or trade fixtures of the Tenant on the Premises at any time during the Term shall be exempt from levy by distress for rent in arrears, and if any claim is made for such exemption by the Tenant or if a distress is made by the Landlord of if any action is brought to test the right of the Landlord to levy upon any such goods as are so exempted, this Lease may be pleaded as an estoppel against the Tenant. the Tenant hereby waiving each and every benefit that could or might have accrued to the Tenant under and by virtue of any such statute by for this Lease. (b) Failure of the Landlord to insist upon the performance of any. covenant or condition of this Lease or to exercise any right or option contained in this Lease shall not be construed as a waiver or relinquishment of any such covenant, conditions, right or option or of any subsequent breach of the same. No variation or waiver of any covenant or condition of this Lease shall be valid unless in writing and signed by duly authorized persons on behalf of the Landlord. 21. Covenan~ Every obligation of the Landlord or the Tenant expressed in this Lease, even though not expressed as a covenant, shall be a covenant for all purposes. The Tenant acknowledges that it shall have no right to any benefit of division or discussion. 22. Time of Essence Time shall be of the essence in all respects hereunder. 23. Enforceabilitv If any term, covenant or condition of this Lease or the application thereof to any person or circumstance is to any extent held or rendered invalid, unenforceable or illegal. the remainder of this Lease or the application of such term, covenant or conditions to persons or circumstances other than those with respect to which it is held invalid, unenforceable or illegal is not affected thereby and continues to be applicable and enforceable to the fullest extent permitted by law. PAGE 8 1220 ATTACHMENT #2 H:\LEASES\JHS.LEASE-2006.DOC 24. Notices Any notice that one party hereto may desire or be required to give to the other party hereto shall for all purposes be deemed to have been sufficiently and properly given, if delivered personally or forwarded by registered mail and addressed in the case of the Landlord to: The Landlord Municipality of Clarington 40 Temperance Street, Bowmanville, Ontario L 1C 3A6 Attention: Lou Ann Birkett, Purchasing Manager and in the case of the Tenant to the Premises and shall be presumed to have been received on the date of delivery, if delivered personally, or if forwarded by registered mail on the third business day following such mailing. Any notice shall be in writing, except as expressly otherwise provided herein, and shall be given only by delivery as aforesaid in the event of post interruption. The Tenant The John Howard Society 132 Church Street, Bowmanville, Ontario 25. Riaht to Sublet The Tenant shall have the right to sublease any portion of their useable leased area. provided that the use and occupation of the Area of the Premises remains as pennitted by this lease, and is complimentary to the operation of the Tenant. The Tenant must provide the Landlord with written notification of any sublease entered into by the Tenant. It is the Tenants responsibility to ensure that all tenns and conditions of this lease are adhered to by tenants subleasing. At any time during the tenn of the lease, the Landlord reserves the right to revoke the right to sublease, should the Tenants who have subleased be in .violation of the tenns of this lease, and or should the intended use of the premises not be maintained. The Tenant will assume all responsibility for any subtenants with respect to Insurance and Indemnification as identified in this lease. The existence of any sublease shall in no way reduce the responsibility of the Tenant. 26. Danaerous Use The Tenant shall not commit or pennit anything which will increase the cost of the Landlord's insurance or render any insurance on or relating to the Premises subject to cancellation. 27. Rules Reaardina Ooeration of Demised Premises The Municipality's Property Manager from time to time may give the Tenant written notice of rules regarding the operation of the premises. Such rules shall be complied with by the Tenant's and Sub-Tenants during the Tenn of the Lease and any extensions or renewal thereof. . 28. Smoke Free Building The Tenant shall not pennit or allow any person to smoke tobacco product anywhere in the building. 1221 PAGE 9 ATTACHMENT #2 H:IlEASES\JHS-LEASE-200o.DOC 29. Enurement This Lease and everything herein contained shall enure to the benefit of and be binding upon. the parties hereto their successors and permitted. assigns respectively. 30. Govemina Law This Lease shall be interpreted, govemed and enforced in accordance with the law of the Province of Ontario, Canada. 31. Notice of Accident etc. The Tenant shall promptly notify the Landlord of any accident, defect, damage or deficiency in or on any part of the Premises. which comes to the attention of the Tenant, it's employees or contractors, notwithstanding that the Landlord may have no obligation in respect thereof. IN WITNESS WHEREOF the parties have duly executed and unconditionally delivered this Lease as of the date first above written. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON By: John Mutton, Mayor And: Patti L. Barrie, Clerk THE JOHN HOWARD SOCIETY By: And: PAGE 10 1222 Attachment #3 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2006- Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Oshawa Clarirll~ton Association for Community Living, Oshawa, Ontario, to enter into agreement for the lease space at 132 Church Street, Bowmanville, ON. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. . THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, a contract between, Oshawa Clarington Association for Community Living, of Oshawa , Ontario, and said Corporation; and 2. THAT .the contract attached hereto as Attachment #1 form part of this By-law. By-law read a first and second time this day of ,2006. By-law read a third time and finally passed this day of ,2006. John Mutton, Mayor Patti L. Barrie, Municipal Clerk 1223 Attachment #4 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2006- Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and John Howard Society, Bowmanville, Ontario, to enter into agreement for the leasf' .:.pace at 132 Church Street, Bowmanville, ON. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, a contract between, John Howard Society, Bowmanville, Ontario, and said Corporation; and 2. THAT the contract attached hereto as Attachment #2 form part of this By-law. By-law read a first and second time this day of ,2006. By-law read a third time and finally passed this day of ,2006. John Mutton, Mayor Patti L. Barrie, Municipal Clerk 1224 Q!l!ilJgron REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: February 6, 2006 Report #: COD-009-06 File#_ By-law # Subject: Tender CL2006-1, Hampton Pond Recovery Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CO[}.-O~~j06 be received; 2. THAT Hard-Co Construction Ltd., Whitby, Ontario with a total bid in the amount of $90,541.51 (plus G.S.T.), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2006-1, be awarded the contract for the Hampton Pond Recovery as required by the Operations Department; 3. THAT the total funds required in the amount of $90,541.51 (plusGST) be drawn from Hampton Pond Recovery Account # 100-00-000-02153-2015; and 4. THAT the attached By-law marked Schedule "A" authorizing the Mayor and the Clerk to execute the necessary agreement be approved; FORTHWITH" Submitted by: ~ ~ rvfarie Marano, H.B.Sc., C.M.O. Director of Corporate Services f( Jt~ clZr {;61d #t;r,l(t I-Iz ~ - Fred Horvath Director of Operations n CY~ ~O'v'--- ~cfl Nancy Taylor, B.B.A., C.A., Director of Finance ~ ,IN'k Reviewed bl . ---"-', Franklin Wu, Chief Administrative Officer MM\ASC\NT\LAB\sm 1225 REPORT NO.: COO-009-o6 PAGE 2 BACKGROUND AND COMMENT Tender specifications were provided by Totten Sims Hubicki Associates for the Hampton Pond Recovery within the Municipality of Clarington, as required by the Operations Department. This project will be completed for the Municipality of Clarington, under the direction of the Director of Operations and involves the construction of two ponds with one outlet structure. Also, included is the top soiling and seeding of the disturbed areas. Tenders were advertised in local papers, as well as electronically. Subsequently, tenders were received and tabulaled as per Schedule "B" attached. The total project cost of the pond work and consulting fees of $2,800 will be provided from Hampton Pond Recovery account #100-00-000-02153-2015 and is within the total project allocation. The low bidder has previously performed satisfactory work for the Municipality of Clarington. The Director of Finance has reviewed the funding requirements and concurs with the recommendation: Queries with respect to department needs, speCifications, etc., should be referred to the Director of Operations. After further review and analysis of the bids by the Operations Department and Purchasing, it was mutually agreed that the low bidder, Hard-Co Construction Limited, WhitbYI Ontario, be recommended for the contract for the Hampton Pond Recovery. Attachment #1 Schedule A By-law Attachment #2 Schedule B Bid Summary CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T(905)623-3379 F (905)623-4169 1226 , Schedule "A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2006- Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Hard-Co Construction Limited, Whitby, Ontario, to enter into agreement for the Hampton Pond Recovery. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, a contract between, Langley Utilities Contracting, Bowmanville, Ontario, and said Corporation; and 2. THAT the contract attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this day of ,2006. By-law read a third time and finally passed this day of ,2006. John Mutton, Mayor Patti L. Barrie, Municipal Clerk 1227 SCHEDULE "B" BID SUMMARY Tender CL2006-1 HAMPTON POND RECOVERY . BIDDER TOTAL BID Hard-Co Construction Ltd. $96,879.42 Whitby, ON S & F ExcavaLlng Limited $133,969.35 King City, ON B.N. Fenton Construction Ltd. $170,461.70 Courtice, ON Safire Infrastructure Inc. $187,250.00 Brampton, ON Varcon Construction Co. Ltd. $192,323.94 Brampton, ON NLG Construction Ltd. $195,509.79 * Mississauga, ON Aim Waste Management Inc. $195,509.79 Hamilton, ON JMX Contracting Inc. Rejected - No Bid Deposit Gormley, ON Ron Robinson Limited $211,806.33 Bowmanville, ON Boyle Excavating Ltd. Rejected - No Bid Deposit & Bowmanville, ON no Agreement to Bond -Esposito Bros. Construction Ltd. $246,609.56 * Nobleton, ON North York Excavating & Contracting Limited $247,363.81 North York, ON Dig-Con International Limited $286,044.17 Bolton, ON Peninsula Construction Inc. $299,780.92 FONTHILL, ON Elirpa Construction & Material Ltd. $368,063.97 Pickering, ON Dagmar Construction Inc. $368,451.34 Markham, ON * Extension Errors 1228 JHN-30-2006 15:27 RICE DEVELOPMENT 905 796 6360 P.01/01 ~, WILMOT CREEK _.__IIIi.._-=....._ An Adult Ufestyle Community 30 January 2006 Via Fax: 90S--623-6S06 Ms. Patti Barrie Town Clerk MUNICIP ALITY OF CLARINGTON 40 Temperance Street Bowmanville, Ontario LIC 3A6 Re: Ridge Pine Park Inc. - Wilmot Creek Phase 7 - Planning Dear Ms. Barrie: We would appreciate being included as a delegation at the February 6, 2006 General Purpose and Administration Committee Meeting commencing at 9.30 a,m. Thank you. ~-O-i;;TI~it~1JrSOM OUP~ .~~..:.-- Yours truly, ACK. BY,. ' .,,~~ RIDGE PINE PARK INC. David W. Rice DWR:fc attach.l":\W1l.MOTIMVI\C1ot,dPIIClorIuDop<06,wpd 1 Wheelhouse Drive, Unit 1. Newcastle. Ont4!i.~1~1B-'lB9 .. ,_,:;:~' Toronto Direcr 416-369-0000 Administration 905-697-5805 Sales 905-697-5806 Fax 905-697-2501 www.anewbeginning.ca TOTAL P. 01 Tennisco, Cheryl From: Sent: To: Subject: Barrie, Patti Tuesday, January 31, 2006 1 :50 PM Tennisco, Cheryl FW: OBNA presentation to GPA For info. Patti L. Barrie, A.M.C.T. Municipal Clerk -----Original Message----- From: Bill Humber [mailto:Bill.Humber@senecac.on.ca] Sent: Tuesday, January 31, 2006 12:52 PM To: Barrie, Patti Subject: OBNA presentation to GPA Ms Barrie just to clarify - I will be presenting on behalf of the Old Bowmanville Neighbourhood Association at the council meeting on the Monday morning 6 Feb Bill Humber 1