HomeMy WebLinkAbout05/08/2006
lll!Lingron
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GENERAL PURPOSE AND ADMINI.STRATION COMMITTI!,E .
DATE:.
TIME:
PLACE:
MAY 8. 2006
9:30 A.M.
COUNCIL CHAMBERS
1. ROLL CALL
2. DISCLOSURES OF PECUNIARY INTEREST
3. MINUTES
(a) Minutes of a Regular Meeting of April 24. 2006
4.(a) PRESENTATI"ONS
30t
No Presentations
(b) . DELEGATIONS
(i)
(ii).
Lisa Corkery - regarding Report CSD-006 -06 - Family and YoUth Fitness
Victor Suppan. Clarington Heritage Committee - regarding Report PSD-053-06
- Beech Avenue. Bowmanville - Heritage Conseivation
District Designation and Heritage Conservation District
Plan . -
Zena Bums - ~ardlngReport CLD-012-06 - Bnl 8. An Act to Amend the "
- - Children's Law Reform Act. .
(Iii)
(Iv)
Kevin McAlpine. Rotary Club of" Courtice - regarding CLD-014-06 - Canada Day
In Clarington
5. PUBLIC MEETINGS.
(a) In accordance with Section 150 of the Municipal Act. 2001. c. 25. a 501
public meeting Is being held to hearconcems and-comments with respect
to the Municipality's proposed by.law amendments _ to regulate and licence
auctioneers in the Municipality of Clarington.
Report: CLD..o13-88
CORP OR AT 10 N OF THE M UN 1 C 1 PAL 1 TY 0 F C LA R 1 N G TO I
40 TEMPERANCE STREET, BOWMANVILLE., ONTARIO L1C 3AS T (805) 823-337
General Purpose and Administration Committee
Minutes
April 24, 2006
(8)
Subject:
Applicant:
Report:
Application to Amend the Amend Zoning By..law84-63 and Removal of
Part Lot Control to Permit the Construction of Four SemI-Detached
Dwellings
Condor Developments Ltd.
PSD..o44-06
Bob Russell, Planner. Planning Services. provided a verbal report and a slide
presentation pertaining to Report PSD-044-06. . .
No one spoke in opposition to or support of Report PSD-044-06.
Ron Armstrong. Armstrong Harrison Assoctates. 011 behSlf of the: applicant. Condor
Developments Ltd.. appeared before the Committee In support of Report PSD-044-06
and to address any concems of the Committee.
(b)
Subject:
Applicant:
Report:
ApplicatiOn to Amend the Zoning By-law 84-63 to Permit a Restaurant.
57 Mill StreefSouth. Newcastle Village
1664312 Ontario Incorporated .
PSD-G45-G6
Dean Jacobs. Planner. Planning Services. provided a verbal report and a slide .
presentation pertaining to Report PSO-045-06.
No one spoke in opposition to or support of Report PSD-Q45-06.
The Applicant was present but did not address the Committee.
(c)
Subject:
Applicant:.
Report:
Application to Amend the Clarington OffICial Plan and Zoning By-law 84-63
to Permit an Increase In Density fora Six Storey Apartment Building
Dunbury Development (Green) Ltd.
PSD..o46..o6
. Susan Ashton. Planner. Planning ServiCes. provided a verbal report and a slide
presentation pertaining to Report PSD-046-06.
No one spoke in opposition to or support of Report PSD-046-06.
Sal Vitello. E.I. Richmond Architects Ltd., on behalf of the Applicant. Dunbury
Development (Green) Ltd., appeared before the Committee to address any concems of
the Committee and to advise further reports .wiIlbe submitted In regards to denSity
impacts and site design.
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303
lJ!rJngton
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GENERAL PURPOSE AND ADMINISTRATION COMMITTI!,E .
DATE:.
TIME:
PLACE:
. MAYS. 2006
9:30 A.M.
COUNCIL CHAMBERS
1. ROLL CALL
2. DISCLOSURES OF PECUNIARY INTEREST
3. MINUTES
(a) Minutes of a Regular Meeting of April 24. 2006
4.(a) PRESENTATI.ONS
30t
No Presentations
(b) . DELEGA TIC?NS.
. .
(i) Lisa Corkery- regarding Report CSD-006-06 - Family and YouttiFitness
(ii). Victor Suppan. Clarington Heritage Committee' - regarding Report PSD-053-06
- Beech Avenue. Bowmanville - Heritage Conseivation
District Designation and Heritage ConservatiOn District
Plan . ..
(Iii) Zena Bums - ~ardingReport CLD-012-06 - BUI S. An Act to Amend the .
. Children's Law Reform Act .
(Iv) Kevin McAlpine, Rotary Club of. Courtice - regarding CLD-014-06 - Canada Day
. In Clarlngton
5. PUBLIC MEETINGS.
(a) In accordance with Section 150 of the Municipal Act. 2001. c. 25. a 501
public meeting Is. being held to hear concems and comments with res~
to the MuniCipality's proposed by.Jaw amendments. to regUlate and licence
auctioneers in the Municipality of Clarington. .'
Report: CLD..o13-o&
CORPORATION OF THE MUNICIPALITY OF cLARINGTOI
40 TEMPERANCE STREET. BOWMANVILLE. ONTARIO L1C 3A8 T (805) 823-337
G.P. & A. Agenda
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. May 8, 2006
(b) Application to Amend the Clarington Official Plan and Zoning By-law 502
Applicant: Bowmanville Creek Developments Inc. (Torgan Group)
Report: PSD..oSO..o6 .
(c) Appllc8tion to Amend the Zoning By-law 84-63 504
Applicant: Shell Canada Products Limited
Report: PSO..oS1..o6 .
(d) Application for Approval of Draft Plan of Subdivision and Amendment 506
To Zoning. By-law 86-63
Applicant: Black Creek Developments Ltd.
Report: PSO..oS2..o6
. ,
(e) Beech Avenue Heritage Conservation District Designation arid Plan 508
Report: PSO..oS3..o6
6. PLANNING SERVICES DEPARTMENT
(a) PSD-050-06 - Applications to Amend the Clarington Official Plan 601
and Zoning By-law by Bowmanville Creek
Developments Inc. (TorganGroup) to Petm~ A
Wider Range of Commercial Uses '.
Applicant: Bowmanville Creek Developments Inc.
(T organ Group)
(b) PSD-051-06 - Rezoning to Permit A Convenience Store Accessory 808
to a Motor Vehicle Service Station
Applicant: Shell Canada Products limited
(c) PSD-052-06 - Rezoning and Proposed Draft.Plan of Subdivision to 618
Permit the Development of 48 Residential Units
Applicant: Black Creek Developments Ltd.
(d) PSD-053-06 - Beech Avenue. Bowmanville - Heritage Conservation . .824
District Designation and Heritage . Conservation District
Plan
(e) PSD-054-06 - Application for Removal of Part Lot Control 63S
. Applicant: The Kaltlin Group
(f) PSD-055-06 - Monitoring of the Decisions of the Committee of 639
Adjustment for the Meeting of April 20, 2006 .
Cg) PSD-056.Q6 - Application for Removal. of Holding 647
Owner. 941807 Ontario Limited
G.P. & A. Agenda
-3-
. May 8, 2006
(h) PSD-057-06 - Sale of Surplus Property and Road Allowance'on 665
Bradshaw Street, BOwmanville to Devon Downs
Developme'1t Limited (The Foley Group)
7. ENGINEERING SERVICES DEPARTMENT
(a) EGD-01S-06 - By-law to Regulate COnstruction of Driveway . 701
. Entrances Upon the Highways under the Jurisdiction of
Municipality'of Clarington
(b) EGD-026-06 - Intersection of Longworth Avenue and Regional 708
Road 57. Bowmanville
(c) .. EGD-027-06 - 20 King Street East Transit Shelter Construction & 712
King Street Bridge Rehabilitation - Public Information
Centre .
(d) EGD-028-06 - Intersection of Baseline Road and Holt Road 724
S. OPERATIONS DEPARTMENT
No Reports '.
9. EMERGENCY AND FIRE SERVICES DEPARTMENT
No Reports
10. COMMUNITY SERVICES DEPARTMENT
(a) CSD-006-06 - Family and Youth Fitness . 1001
(b) CSD-008-06 - Public Access Defibrillator - Program Assistance 1 ODS
(c) CSD-009-06 - Supplemental Rates and Fees 1011
11. CLERK'S DEPARTMENT
(a) 'CLD-011-06 - Municipal Elections - Vote Counting Equipment 1101
(b) CLD-012-06 - Bill S - An Act to Amend the Children's Law Reform Act 1105
(c) CLD-013-06 - Proposed Auctioneer's Li~nclng By-law 1107
(d) CLD-014-06 - Canada Day in Clarington 1120
G.P. & A. Agenda
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May 8, 200'
12. CORPORATE SERVICES DEPARTMENT
~ ~~ ~ =~
(a) COD-01~-06~ Lions Club Offer to Lease. Clarington Beech Centre 1201
(b) COD-019-06.- Tender CL2006-12. Harvey Jackson Ball Diamond '. 1227
Lighting
(c) COD-020-06 - Fair Wage Schedule 1232
(<:I) COD-021-06 - Request for Proposal RFP2006-5. Consulting Services. 1234
Community Services Department - Strategic Plan ..
(e) COD.Q22-06 - Tender CL2006-6, 2006 Crack Sealing Programs. 1238
Various Locations
13: FINANCE DEPARTMENT
No Reports
14. CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT
(a) ADM-002-06 - Newcastle Library Project - Project Planning .8.....140'
15. UNFINISHED BUSINESS
. (a) Addendum to CLD-005-06 ~ Hours of Operation for GasolineStationa . 1501J
16. . OTHER BUSINESS
17. ADJOURNMENT
~..
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General Purpose and Administration Committee
Minutes
April 24,.2006
Minutes of a meeting of the General Purpose and Administration Corrimlttee held .on
Monday, April 24. 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. ScheU
Councillor C. Trim
Chief Administrative Officer. F. Wu
Director of Engineering Services. T. Cannella
Director of Community Services, J. Caruana
Manager of Development Review. Planning Services. C. Pellarin
Director of Operations.. F. Horvath .
Director of Corporate Services. M. Marano
Deputy Treasurer. Finance Department, L. Gordon
Director ofEmergency&. FireS$rvices. G. Weir
Deputy Clerk. AG,.,entree .
Clerk II. C. Tennisco .
Mayor.Mutton chaired this port;on of the meeting.
DISCLOSURES OF PECUNIARY IN1EREl.T
There were no disclosures of pecuniary interest _tad for this meeting.
MINUTES
Resolution #GPA-184-06
Moved by Councillor Schell. seconded by Councillor Trim
THAT the minutes of the regular meeting of the General Purpose and Administration
Committee held on April 1 O. 2006. be approved.
CARRIED
301
General Purpose and Administration Committee
Minutes.
April 24, 2006
PRESENTATION
Dave Hardy. Hardy, Stevenson. and Associates. provided a Powerpoint presentation to
the Committee in regards to Report PSD-047-06 - Port Granby Project - Update on
. Enhanced Facility Design and Revised Environmental Assessment Study Report. The
purpose of the presentation was to review MPRT recommendations for a double "Iner
system including concerns of redundancy. till as a design barrier and soil/groUndwater
CQntamination. durability of liner. the usage of double liners. and 88seof .
decommissioning of the site; the strengths of the Enhanced. Facility Design and how it
meets MPRT expectations; the use of capillary barriers;' prolec::tlOnof the liner during
installation; and to respond to public comments. In closlng..Mr. Hardy ensured the
facility. can be constructed to proted the health and safety of the. residents.
Resolution #GPA-185-06
Moved by Councillor Pingle. $8COnded by Councillor Foster'
TI-IA T the' agenda be altere(l to add Gerry Mahoney to the list of delegations.
.. CARRIED
~J\TION~
John Stephenson. South East Ratepayers Association appeared befo~the Committee
to express his comments and observations regarding Report PSD-047-06.
Mr. Stephenson believes the Report to be ambiguous. and components of the PfOPOIed
base liner can not be redundant. and he further stated there is very little change in the
p~.enhanced. system. Mr. Stephenson submitted two resolutions passed at a
meeting of the South East Clarington Ratepayers ASsociation containing their requests.
and requested Council and the Govemment of Canada order an' independent revIeW of
the operation of the LLRWMO of the Port Granby Project. .
Gerry M.ahoney. appeared before the Committee regarding the Port Granby Project. He
referenced PSD-041-05 and stated his concerns and outstanding questions were I'l()t
addressed InReport.PSD-047-06. Mr. Mahoney requested Council to acknowledge
residents' concerns and quality of life. social justice and fairness. and to work wItIJ the
. area residents to resolve these issues before endorsing a preferred liner method. .
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302
General Purpose and Administration Committee
Minutes
April 24, 2006
Councillor Schell chaired this portion ofthe meeting.
PUBLIC MEETING
(a)
Subject:
Applicant:
Report:
~.
ApplicatiOI) to Amend the Amend Zoning By..taw 84-63 and Removal of
Part Lot Control to Permit the Construction of Four Semi-Detached
Dwellings
Condor Developments Ltd.
PSO..o44-06
Bob Russell, Planner. Planning Services. provided a verbal report and a slide
presentation pertaining to Report PSD-044-06. . .
No one spoke in opposition to or support of Report PSD-044-06.
Ron Armstrong. Armstrong Harrison Associates. on behalf of the applicant. Condor
Developments Ltd.. appeared before the Committee in support of Report PSD-044-06
and to address any concems of the Committee~ .
(b)
Subject:
Applicant:
Report:
ApplicatiOn to Amend the Zoning By-law 84-63 to Permit a Restaurant,
57 Mill Street South. Newcastle ViHage
1664312 Ontario Incorporated .
PSD..o45..o6
Dean Jacobs. Planner. Planning SerVices, provided a verbal report and" a slide .
presentation pertaining to Report PSD-045-06.
No one spoke in opposition to 9r support of Report PSD-045-06.
The Applicant was present but did not address the Committee.
(c)
Subject:
Applicant: .
Report:
Application to Amend the Clarington Official Plan and Zoning By-law 84-63
to Permit an Increase in Density for a Six Storey Apartment Building
Dunbury Development (Green) Ltd.
PSD..046.08
. Susan Ashton. Planner. Planning ServiCes. provided a verbal report and a slide
presentation pertaining to Report PSD-046-06. .
No one spoke in opposition to or support.of Report PSD-046-06.
Sal Vitello. E.I. Richmond Architects Ltd.. on behalf of the Applicant. Dunbury
Development (Green) Ltd., appeared before the Committee to address any concems of
the Committee and to advise further reports .will.be submitted in regards.to denSity
impacts and site design.
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303
General Purpose and Administration Committee
MinuteS
April 24, 2000
,<.~
PLANNING SERVICES DEPARTMENT
ZONING BY-LAW AMENDMENT AND REMOVAL OF PART LOT CONTROL TO;;
PERMIT THE CONSTRUCTION OF FOUR SEMI-DETACHED DWELLINGS
APPLICANT: CONDOR DEVELOPMENTS LTD.
Resolution #GPA-186-06
Moved by Councillor Pingle. seconded by Councillor Foster
THAT Report PSD-044-06be Feceived;
THAT provided that no significant issues are raised at the public meeting. the
. application be approved in principle to allow development. of four (4) residential lots. .
subject to the conditions contained in Attachment 2. to Report PSD-044-06. and the
applicant entering into a develOpment agreement with the Municipatity of Clarington; .
THAt the Zoning By-law Amendment. attached to Report PSD-044-06.beforwarded to
Council atsuch time as the development agreement has been executed;
THAT the Mayor and Clerk beautt!orized to enter into. a development agreement for the
. development of the subject lands; and . .
THAT all interested parties listed in Report PSD-044-06 and any delegaUOnsbe"adVlt,ct
. of Coui1cil's decision. . .. ~(~
CARRIED
PROPOSED ZONING BY-LAW AMENDMENT TO PERMIT A RESTAURANT WITH
REDUCED PARKING STANDARDS - 57 MILL STREET SOUTH, NEWCASTLE
VILLAGE
APPLICANT: 1664312 ONTARIO INCORPORATED
R88CJIutIOn #GPA-187"()6 .
.Moved by Councillor Trim, seconded by. Councillor MacArthur
THAT Report PSD-045-06 be received;
THAT provided that no significant issues are raised at the public meeting. the
application submitted by 1664312 Ontario Incorporated be approved and that the
Zoning By-law Amendment. attached to Report PSD-045-06. be forwarded to Council
for adoption; and
THA Tthe interested parties listed in Report PSD-045-06 and any delegation$.be
advised of Council's decision.
CARRIED
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304
General Purpose and Administration Committee
Minutes
April 24, 2006.
APPLICATIONS TO AMEND THE CLARINGTON'OFFICIAL PLAN AND ZONING BY-
LAW TO PERMIT AN INCREASE IN DENSITY FOR A SIX STOREY APARTMENT
BUILDING
APPLICANT: DUNBURY DEVELOPMENT (GREEN) LTD.
R~solution #GPA-188-06
Moved by Councillor MacArthur. seconded by CounciHor Trim
THAT Report PSD-046-06 be received;
-
THAT the applications to amend the Clarington.Official Plan and. Zoning By-law84.a3
submitted. by Dunbury Development (Green) Ltd. be referred back to staff for further
processing and the prepatationof a subsequent report; and.
THAT all interested parties listed in ReportPSD-046-06 and any delegation be advised
of Council's decision.
CARRIED
PORT GRANBY PROJECT - UPDATE ON ENHANCED FACILITY DESIGN AND
REVISED ENVIRONMENTAL ASSESSMENT STUDY REPORT
. .'
Resolution #GPA-189-Q6
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Report PSD-047-06 be received forinformation..and
THAT a copy of Council's decision be forwarded.to all interested parties indicated In
Report PSD-047-06.
CARRIED AS AMENDED
LATER IN THE MEETING
(SeE FOLLOWING AMENDING MOTIONS)
Resolution #GPA-190-06
Moved by Mayor Mutton. seconded by Councillor Robinson
THAT the foregoing Resolution #GPA-189-06 be amended by adding the following:
THAT the staff report. expected to come forth to Committee in June 2006. include an
explanation of how the review of the double liner will be handled. through the .
environmental assessment and through the licensing process by the Canadian Nuclear
Safety Commission.
CARRIED
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305
General Purpose and Administration Comml~
Mln...."...... .
April 24, 2008
Resolution #GPA-191-06
Moved by Mayor Mutton, seconded by Councillor MacArthur
THAT the foregoing Resolution #GPA-189-06 be amended by adding the following: . ..
THAT the staff report. expected to come forth to Committee in June 2006. also include .
the details of the socio-economic strategies recommended to alleviate some of the .
adv8rse effects of the project. and that these strategies be presented to SECRA prior to
the report be!ng considered by the Committee in June.
CARRIED
The foregoing Resolution #GPA-189-06 was then put to a vo~ and CARRIED.AS
AMENDED. . .
MOOIFICATION TO OPA 34 - OAK RIDGES MORAINE
Resolution #GPA-192-06
Movtd by Councillor Foster. seconded by Councillor MacArthur
THAT Report PSD-048-06 be received;
. .,'
THAT the Municipality of Clarington concurs with the modification to CPA 34. propoSed.
by the Region of Durtlam. to remove the Rural Residential Cluster symbolln.the vkiIIIY
of. RegiOnal.Road 9 and Langstaff. Road; .
THAT a cOpy of Report PSD-048-06 and Council's decision be forwarded to the ~m
Region Planning Department; and.
. -~'. - ~ '.
THAT all interested parties listed in Report PSD-048-06 and any delegations be ac:tViJed
of Coun~rs decision. .
CARRIED
DURHAM REGION OFFICIAL PLAN'REVIEW - RECOMMENDED
. DIRECTIONS FORPOPtJLATION, EMPLOYMENT AND URBAN LAND
Resolution #GPA-193-06
..~. by Councillor TrilTl.seconded by Councillor Pingle
THAT Report PSD-049-06 be received;
THAT Report PSD-049-06 be adopted as the MuniciPality's comments on .".;~
Region OffIcial Plan Review - Recommended DIrections For Population, .
Employment and Urban Land; and
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306
General Purpose and Administration Committee
Minutes
April 24, 2006.
THAT a copy of Report PSD-049-06 and Council's decision be'forwarded to the Region
of Durham and all interested parties listed in Report PSD-049-06 and any delegations
decision.
CARRIED
Mayor Mutton advised Council that Bill 107 - Greater Toronto Transportation
Authority has received first reading 8ndhe expressed his cOncem that the
Province will download the costs to the municipalities~
Councillor MacArthur chaired this portion of the m8$ting.
ENGINEERING SERVICES DEPARTMENT
MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR MARCH, 2006
Resolution #GPA-194-06
Moved by Councillor Robinson. seconded by CounCillor Schell
THAT Report EGD-023.Q6 be received for information.
CARRIED
OPERATIONS DEPARTMENT
There were no reports considered under this section of the Agenda.
Councillor Ping Ie chaired this portion of the meeting.
EMERGENCY & FIRE SERVICES DEPARTMENT
MONTHLY RESPONSE REPORT... MARCH 2006
Resolution #GPA-195-06
Moved by Councillor Schell. seconded by CouncillQr Trim
THAT Report ESD-005-06 be received for information.
CARRIED
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307
General Purpose and Administration Commlu..e
MinuteS
April 24, 2006
EMeRGENCY PREPAREDNESS - PUBLIC ALERTING
Resolution #GPA-196-06
Moved by Councillor Robinson. seconded by Councillor MacArthur
THAT Report ESD-006-06 be received for Information.
CARRIED
COMMUNITY SERVICES DEPARTMENT
1hn w.n.. ,..... ~.III..... ...III....cU...... .......
CLERK'S DgPART"'E~T
DlnwlfI.. n........I'III...r ......CIII............
Mayor Mutton chaired. this portlOO of the meeting.
~8ATE SERVI~ES DEPART~
SUPPLIER INFORMATION NIGHT
Resolution #GPA-197-06
Moved. by Councillor Robinson. seconded by Councillor Plngle
THAT Report COD-017-06 be received for information.
CARRIED
. fJNANCIE DEPARTMUI
There were no reports considered under this section of the.Agenda.
. gg,F ADMIHISTRAtlVE Offig:R'S DEPARTMEN~
There were no reports considered under this section of the Agenda.
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308
General Purpose and Administration Committee
Minutes
April 24, 2006
OTHER BUSINESS
Councillor MacArthur commented on the success of Earth Day and the tree planting at
Hampton Pond and advised approximately 100 - 150 residents turned out for this event.
He congratulated Brian Seaton on his efforts and advised the Committee funding is
solely based on extemal agencies such as CLOCA and Ducks Unlimited.
Councillor Schell also commented on the success of Earth Day activities and
commended and thanked Fred Horvath. Director of Operations. and his staff for their
efforts.
Councillor Trim announced that on Earth Day members of the Lion's Club cleaned up
the trash and litter at the Lion's Trail and members of ttle lodge cleaned up the
"Rutherford Trail."
ADJOURNMENT
Resolution #GPA-198-Q6
Moved by Councillor Pingle. seconded by Councillor MacArthur
THAT the meeting adjoum at 11 :02 a.m.
CARRIED
MAYOR
MUNICIPAL CLERK
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309
PUBLIC MEETING
AUCTIONEER LICENCING BY-LAW
PUBLIC MEETING
REPORT , CLD-013-06
MUNICIPALITY OF
CURINGTON
The Council of the Municipality of Clarington is considering. amendments to By-
law #74-54, a by-law to regulate and licence auctioneers within the Municipality
of Clarington. Anyone wishing to address the General Purpose and
. Administration Committee of Council on this issue. may do so by attending a
public meeting scheduled for:
Monday. May S, 2006 .
9:30 a.l1J.
Council Chambers. Municipal Administrative Centre
40 Temperance Street. Bowmanvllle. Ontario
Details of the proposed amendments can be obtained by contacting the .
Municipal Clerk's Department at the above address or by' calling (905) 623-3379.
ext. 239
501
fl' . .. gro'
\Jacm . D.
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PUBLIC MEETING
REPORT , PSD-oSO-o6
BOWHANVILLE CREEK
DEVELOPHENTS .
(TOIGAR GROUP)
BOWMANVlLLE CREEK DEVELOPMENTS (TORGAN .
GROUP)
AN APPUCAnoNTO AMEtrID THE cLARIIGToN OFFICIAL PLAN AND ZONING BY-LAW
TAKE NOnCI; that the Cot.id.of the QIipoI1IUon of the MunICipeIty of CIerlngDl. wi CClI1Iider . propoI8d 0IIicI8I
Plan and Zcri:Ig By-law AmendrnInIi, undW SeclIOnt 17 ....34 01 the PIeI.,..q Id, 1880. · respeclIveIy
emended.
CORPORATION OF THE
MUNICIPALIlY OF CLARI~TON
NOTICE OF PUBLIC MEETING
DEVELOPMENT APPUCATION BY:
. APPLICATION DETALS
The pRlflClMd otridIt PIen ArnendnlIint~ by &owmenvIII Cr8ek DeYeIopmenII (Torgen Group) would
permit the deYeIOpment of geneI1It "'~.In .... of 821 m2 end one tInencIeIlnItIIUIIon on !he aubject
IendIIn ~ 10 permIIIed highway ~ UI8I. .
The propoeed ZonIng ~ AmeI~.""'" by ~ er-.* o.8IDpI'nIr* would ...lpIinient the
~OIIicIlIIPIIn~~ .. ... .... .
. . The iubject property Is .4.4 hecIn pMlllI gei1IrIIIIy IocMId . thelO&lll.-t can.- d ~ Raedend"""" .
Road eIong HIgItwIy <<l1 ..... an -. .
. Planning fie NoI.: CoPA 20060010_ZBA 200S-058 (X-REF: ZBA 20030037 & SPA 2CJ03.038)
PUBLIC.MEE1'INQ .' .
The ~. of ~ wi! _ . public meeting to. pI'OIIde In....... pdII fie oppoI'Il.dy 10. make
QCII1'lIIl8I1IIIden11fy __ .ncs pftWIde tICIdIIIoIlIlIlnbmIlIIOn reIIIive 10 the. prapoeed ..llaprMllt. . The pubic
rneeIIng wi! be hIId on;
DAlE: MoIdIr.1Iay I, ZOOI
1WI: . 1:30 ...... .
PLACE: CounoII C......... i- Fioor,""""" M.......v. CenIre.
, 40 T........~ 1t..~-ontIIto
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AMY PERSON may 8llend .. pubic meeIInI'lIIdIar mike WIIlt8n 0, __ ~ ....In IUIlPO't of or In
oppoeIIon to the .pqIOIIII.' The atilt .,. ...... __ I'IlIIcIIthe .... . which the GInn! PurpoIe end
AdnWM8IIon CqmnIIlle MeeIIng <lOR......
.If you cennot lIDencllhe PublIc MeetInII an thIIeppillllfon, youClt'l mIk8 . _alan to CouncIl_their meeIIng
on Mondey. Mey 15, 2008, commencing. 7:00 p.m. Should you wIIh to ...... belen Cowd, you null I1lglItIr
wIIh the CIerIcI ~ by the ~ noon. ..., 10. 200lS lDhIM your.........1n the AgendL
COMIENT8 OR QUE8TIONI1
. If you .. to ...... .1I.-.n1Ubm11iion,arl you willi to be,noIliIed d ~ m.llIngI ar lie edOpGon of the .
propoHdOlllclll PlaIn Ind. ZonIng ...... ~. you rIIIIt 1UbmI. ....... .... to the CIerk'.
Depel1mellt. 2!" Floor, 40 T.mp...llo...... ~ OnIartO'L1C 3M. .
Nt 0nIci.I PIIn .Amer~ IldOI*CI by ..~ of CIIf._ II ~ to the RegIon of ewt.n tor
: IIppRMII, unIIeIl.1s ~ ....1he ......~..tIlIt.. ,.....1CIment II'" tan RegIonIIIIIpIirowIL
For In .... An\IndInIlj, "'..decIIIan .~..._ CW..lgIan CUd ~ .... subject to -.ny eppeII cUIng
the ~ IIPP8II pertod. . '.' .. ... ... . : .
AddIIIonaIInformIIIon rwIaIIng to the propoIIIlIMlIIbII torlf~ ~ 8:00 "III. end 5:00 p.m. . the
PlennIng ServIoeI 0epIIrtmInt. t' Floor, .,T........... ~ 0nIIrI0 ltC W, ar by ciIIIng
RIchMI Holy. (805) e23-3378....tIIon _at."..... .~--- .
APPEAL
If. perIClII ar public bcJdy IhIIt ~ . noIIctof IPP!III of. dIcIIIon tor the pIapoaecI 0IIcIaI Plan end ZonIng ay...w
. Amelldmenlll!lthe 0ntIrtp MunIcIpIII Board doll not mike cnIlUbm1u1an1 at . public meeIIng or doeI. not I11IIke
.wrltIIn IUbmIIIiolIl before the fIl"OPCl8Id 0lIIdaI PIen end Zaring.8y-1aw AmencIrnaIIeI .. edopeId, the 0nl8rI0.
~. Boerd mey dIImIIa.. ar pert of the....... .' . . . .
Dated lit the MunIcIp8IIly cl ~ thII. .,. dIJ cl AprI 2006.
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property Subject to sa. PIIn,' .,
ApplIcatIon by Ran8 for. .. ,..
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Clarlneton 0fIIcIIt...... .~ ·
rZlI 8urp1ua.............. be eoIci to......... er.II......i,'..,..~,
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Owner: BowmanvIIIe CnIIII: Dev~I.JI"",
503
PUBLIC MEETING
REPORT # PSD-051-06
11' Q W'I ngln~n CORPORATION OF THE SHELL CANADA PRODUCTS
\Jlu...J..LI U MUNICIPALITY OF CLARINGTON . LIMITED
Lu4b.. tJ.:W<I:J. NOTICE OF PUBLIC MEETING
I DEVELOPMENT APPLICATION BY: SHELL CANADA PRODUCTS LIMITED
AN APPLICATION TO AMEND THE ZONING BY-LAW 84-63
TAKE NOTICE that the Council of the Corporation of the MuniciPality of Clarington wiN consider a proposed Zoning By~law
Amendment, under Section 34 of the Planning N::t, 1990, as amended.
APPLICATION DETALS
T he proposed Zoning By-law Amendment submitted by Shen Canada P~'ltd. would include a convenience store as
a permitted use to be operated in conjunction with a motor vehicle fuel bar. An~1 public meeting was held on October
17, 2005. Staff is recommending approval of the application, as revised. . . . .
The subject property is located at 114 liberty St S'., Bowmanville (as shown on reverse).
Planning File No.: ZBA2005-031
PUBLIC MEETING .
The Municipality ofClarington wiD hold a public meeting toprovlde interested parties the opPortUnity to make comments,
identify issues and provide. additional information relative to the proposed development The public meeting wiD be held
00: ~
DATE:
TIME:
PLACE:
Monday. May 8, 2_
9:30 a.m. .
Council Chambers. ~ Floor.Muftlclpal Admlnllatratlve Cefttre '
40 Temperance St.. BowmanvUIe, Ontario .
ANY PERSON may attend the public meeting anellor make written or verbal repr8sentatioo 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 00 this ~ppiication yC)U can mak8 . deputation to ~ncil at their meeting on .
Monday, May 15, 2006, commencing at 7:00 p.rn. ShQuldyou wish to;sppear before.Council, you must register with
the Clerks Department by the Wednesday noon,. May 10, 2000, to.have your .... appear. In the Ag8nda~
COMMENTS OR QUESnoNS?
I f you wish to make a written submisSion or if you. wish to be notified. of.. subsequent .meetings or the adoP.tiOn of the
proposed Zoning By-law Amendment, you 'must subrTllt a' written request to. the Cleft('s Department. 2M Floor, 40 .
Temperance Street, BowmanviUe, Ontario l1 C W. .
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, 3rf Floor, 40 Temperance Street. Bowrnanville,Ontarlo l1C 3A6, or by oaRing Bruce Howarth at
(905) 623-3379 extension 261 or by e-mail at bhowaItth~net. .
APPEAL. . .
If a person or public body that flies a notice of appeal of a decIsi()n for the proposed Zoning By.-Iaw Amendment to the
Ontario Municipal Board does not make oral submissions at . public meeting or does not make written submissions before
the proposed Zoning By-law Amendment is approved, the. Ontario Munldpal Board may dismiss aH or part of the appeal.
Oat t the Municipality' of Clarington this 4" day of . April 2006.
lei Crome, M.CJ.P:.t R.P.P.
Director of Planning Services .
Municipality of Cllrington
40 Temperance street
Bowmanvlle, Ontario
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, ZONING BY-LAW
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Owner: Shell Canada Products. LfnIIf",
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505
C~ .. CORPORATION OF THE PUBLIC MEETING
r Q I"mgro~n MUNICIPALITY OF CLARINGTON .. REPORT I PSD-052-06
lHJ. U NOTICE OF PUBLIC MEETING BLACK CREEK DEVEOPMENTS INC.
I ~~~~ .
DEVELOPMENT APPLICATION BY: BLACK CREEK DEVELOPMENTS INC.
AN APPLICATION FOR APPROVAl OF DRAFT t:'LAN OF SUBDMSION & AMENDMENT TO ZONING BY-LAW 86-63
TAKE NOTICE that the Council of the Corporation of the ~nlcipality of Clarington will conSider' a proposed Zoning
By-law Amendment and a Plan of Subdivision applications, under Sections 34 ,and 50 of the PlannlngAd, 19901 as
amended. .
APPLICATION DETAILS
The proposed Draft Plan of.Subdivislon submitted by Black Creek Developments Ino..wouId permit the creation of
forty eight (48) single detached lots consisting of 281 12.0 metre minimum lot frontage and 20.15.0 metre minimum lot
. frontage lotS with a 0.338 ha (0.835 ac) open space ~. . .
The propOSed Zoning By-law Amendment submlttecf by Black Creek Developments Ltd. would implement the
proposed Draft Plan of SUbdivision. !
The subject property is generally located west of Courtlce Road, north of Westmore Street, east d Jane Avenue and
provides for the extension of George Reynolds Drive (see reverse).
Planning File Nos.: s-c-2006-0001 AND ZBA 2006-0008
PUBLIC MEETING _
The Municipality of C1arington 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. May 8. 2006
TIME: 9:30 a.m.
PLACE: Council Chambers. 2nd Floor, Municipal Administrative Centre.
40 Temperance St.. BOwmanvRIe. O~
ANY PERSON may attend the public meeting andla mak~ written a verbal representation either In support of a In
opposition to the proposal. The. start time listed above - reflects the time ..at which the General Purpose and
Administration Committee Meeting coml1'lel'lOfJS~ - . " . .
If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting
on Monday May 15. 2006. commencing at 7:00 p.m. Should you wish to appear before Councll, you must register
with the Clerks Department by the Wed~y noonl May 101 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 a the approval of the
Draft Plan of Subdivision and/or - Zoning By-law Amendment, you must subinit a written request to the Clerk's
Qepartment, za Floor, 40 Temperance Street, BowmanvHle, Ontario L1C 3M.
Additional information relating to the proposaJ is available fOr inspection between. 8:00 a.m. and 5:00 p.m. at the
Planning Services Department, ~ Floor, 40 Temperance Street, Bowmanville. Ontario L1C 3A6, or by calling Brad
Roberts at (905) 623-3379 extensiOn 327 or by e-maU ~ broIR1s~.nel
APPEAL
If a person or public body that files a notiCe Of appeal of a decision for the proposed Draft Plan d Subdivision andla
Zoning By-law Amendment to the Ontario Municipal Board does not make oral submissions at a public meeting or
does not make written submissions before the proposed OrattPlan of Subdivision andlor Zoning By-law Amendment
. is approved, the Ontario Municipal Board may dismiss a~ a partd the appeal. .
Da~ed Municipality of C1arington this 511 clay of ~I 2006.
Dav rorne. M.C.I.P.. R.P.P.
Director of Plamlng Services
Municipality of Clarlngton
40 Temperance Street
Bowmanvllle. OntarIO .
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CORPORATION OF THE.
MUNICIPAliTY OF CLARINGTON PUBLIC KEETING
NOTICE OF PUBLIC MEETING REPORT I PSD-053-06
. MUNICIPALITY OF
CLAlUNGTON
I
BEECH AVENUE HERITAGE CONSERVATION DISTRICT DESIGNAnON AND PLAN
TAKE NOTICE that the Council of the Corporation of the;Munlcipality of Clarington win consider adopting a
H.eritage Conservatiop District PLtn for the ~ Avenue blockin~nvlle (shown on map) and wiD
consider passing a. by-law to approve the designation of ~ Beech AvtIrlue bloCk In BowITi8nviIe . a Heritage
Conservation Dlsbict.under part V of the Ontario Heritage /vi
Planning File No.: PLN 34. 2.4.2..
PUBLIC MEETING . .
Monday, May 8", 2008
9:30 a.m.
Counell Chambers, 2nd Floor. Municipal Administrative Ce~tre,
40 Tempennce St., Bowrnanvllle, OntarIo
ANY PERSON may attend the public meeting and/or make written or verbal representation .elther i'I support of
. or In opposition to.the proposal. The start t!me listed above reflects the time at which the General Purpose and
. Administration. Committee Meeting commences. .
DATE:
TIME:
PLACE:
If you cannot attend the Public Meeting on this applIcatIOn you can ~e a deputation to Council at their
_ meeting on Monday, May 15",20061 commenclngat7:C)q p.m.. ShoUlclyeu wish to appear ~ CouncU,
you must register with the Clerks Department by the Wednesday noon, May 10"~ 20061 to have your name
appear in the Agerida. '. . ". .. ..' .. -
COMMENTS OR QUESTIONS?
The draft BeecbAvenue HerItag8- Conservation District Plan will ~ available for ~ at the Planning
Services Department between the hours of 8:00' a.m. end 5:00 p:m., _ 3ffJ ~I 40 Temperance Street,
Bowmanvlle as of April 13". . The Plan wll also be avaIabli.at the Clarington Main Branch Pubic UbnIry and .
the Sarah Jane Williams Heritage . Centre, 62 Temperance. S1reet, BoWmanvile. If you require further
infQrmation please contact . Faye Langmald., at (905) 623.-3379'.m 2161
flanamald@munlciDalltv.clarinaton.on.ca. or Isabel LItIIe at (905) 62~79 ext. 217,
i1itt1e0.lminlcloalltv.clarinaton.on.ca.
Dated at the Municipality of Clarington this tt' dayof ApriII 2006.
40 Temperance Street. .
aowmanvU", OntarIO
L1C3A8
Dav Crome. M.CJ.P.. R.P.P.
Director of .PlannlAg ServICes
Municipally of Clarlngton
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ClNilJgton
REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting: GENERAL PURPOSE ANDADMINiS"tRATlON COMMITTEE
Date: Monday, May 81 2006
Report #: PSD-050-06
File #: COPA 2005-O01()
and ZBA 2005-0058
By-law #:
Subject:
APPLICATIONS TO AMEND THE CLARINGTON OFFICIAL PLAN AND
ZONING BY-LAW'BY BOWMANVILLE CREEK DEVELOPMENTS I.NC.
(TORGAN GROUP) TO PERMIT A WIDER RANGE OF COMMERCIAL
USES
RECOMMENDATIONS:
It Is respectfully recommended that the General Purpose and AdministratiQn Committee
recommend to Council the following:
1. THAT Report PSD-050-06 be received;
2. THAT the applicationsubmittedb~Bo\vtnanvnIeCreek Developments Inc. be
referred back to Staff fOr further processIng.. an~. the preparation of a further
. report following the receipt of all outstandinginfotrTlation and agency comments;
and,
3.- THAT a copy of Report PSD-050-06and Council's decision be forwarded to the
Regional Municipality of Durham Planning Department; lind,
4. THAT all interested parties listed in this report and any delegations be advised of
Council's decision;
Submitted by:
. .....0
Reviewed by: .
Franklin Wu
. Chief Administrative Officer
a . Crome, M.C.I.P.,R.P.P.
. Director, Planning Services
RH*CP*DC*sh*df
2 May 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-060-06
. PAGE 2
1.0 APPUCA TION DETAILS.
1.1 Applicant:. Bowmanville Creek Developments Inc. (T organ Group)
1.2. . Agent:
Alan Hirschfield of UD + 0 Inc.
1.3 Official Plan Amendment:
. To permit general retail uses in excess of 929 m2 and one fiQ~1
Institution on the subject lands in addition to permitted 'highway
, I
commercial uses.
1.4 Rezoning: Appropriate to implement the proposed official plan amendllW'nl .
1.5 Site Area: 4.4 hectares
'2~O.. LOCATION
2.1 The subject lands are located at the southeast comer ofWavedy R~, .........,.
Basetine Road in Bowmanville (See Attachment 1): The proposed de~
area totals 4.4 hectares (10.9 acres). The property is locateclwlthinPML"Ot 13.
Broken Front Coneession,in the former town of Bowmanville.
3.6 BACKGROUND
3.1 On November 22. 2005, Staff received officiat plan amendment and.rezoniAt
applications fro", Bo~nville. Cr~k Developments Inc. to permit general. ""11
uses in excess of 929m2 and one financial institution in addition to ~. '
highway. commercial uses. The proposal encompasSes a portion of theShjII
.Canada lands that will be purchased by the applicant as well as the appl~.
lands west of the Spry Avenue right of way south of Baseline Road with'~
exception of thalands that have been severed for the RONA Home Im~
Centre (See Attachment 1).
3.2 A site plan application (SPA 2003-036). has also been ,submltted_
consideration; for which. approval is imminent. Potential tenants would. occupy
the large building shown on the site plan. . .
4.0 SITE CHARAC:rERISTICS AND SURROUNDING USES
.4.1 The property is c.urrently vacant and has a gradual' slope towards the
Bowmanville Creek. Site servicing work is currently underway.
4.2 Surrounding Uses:
East: Open space lands associated with the Bowmanville Creek
North: Urban f'Et~id.ential and open space lands
West: Shell GaS Station and Bowmanville AiJto Mall
South: HighWay 401
602
REPORT NO.: PSO.QSO.Q6
PAGE 3
S.O PROVINCIAL POLICY STATEMENT
5.1 The proposed development application is within the Bowmanville settlement area
and proposes to provide.a nominal inoreasein the range of large. format retail
uses for the site. The existing highway commercial designation permits
commercial uses that serve area. residents and the traveling pUblic. Provincial
Policy states that there shall be an appropriate mix and range of serviced
commercial lands available to meet the long-term needs of the community.
5.2 The Provincial Policy Statement supports long-term. economic prosperity by
maintaining I or wherepossible, enhancingtheyiabiJity of downtowns and main
streets. Planning decisions. on <?Ommerciat Ill$ttersmust consider possible
impacts of proposals on downtownareastoensure that the size,amount, and
range of uses does not negatively affect downtowns.
6.0 OFFICIAL PLAN POLICIES
6.1 The lands are designated "Living Area" ifl,the Durham Region Official Plan.
Special purpose commercial uses are permitted in this designation.
6.2 The Clarington Official Plan designates. the subject lands "Highway Commercial
Area". Lands within. this designation shall serve the specialized needs of
residents on an occasional basis With services ..and facilities I which consume
large parcels of land, require exposure to traffic and may require outdoor storage
and display of goods. . Permitted uses include automotive sales and service,
home improvement centres I garden centres and nurseries, restaurants. hotels
and similar uses.
6.3 The amendment proposes to increase the range of permitted large format retail
. uses on the site. Through the Commercial :Policy Review. the Municipality
. revised its policies for the Highway Commercial land uSe designation,
broadening .the range of uses that coutdbepermitted on these lands. The
proposal would permit large format retail stores. over 929 sq.m.. and a financial
institution with a drive-through facility. .
6.4 Amendment 43 to the Clarington Official Plan, as approved by Cbuncil on March
11 2006. allowed for additional large format uses in the Highway Commercial
designation but did not allow for banks. Amendment 43 has been appealed to
the Ontario Municipal Board.
7.0 ZONING BY-LAW CONFORMITY
7.1 The portions of the property under consideration are .zoned "Holding - Special
Purpose Commercial ((H)C5) Zone" and "Special Purpose Commercial (C5)
Zone" I which do not permit the proposed uses. In order to permit the proposed
development, a rezoning application was submitted for Consideration.
603
I': '..PeRT NO.: PSO.QSO.Q6
'PAGt 4.
8.0 PUBLIC NOTICE AND SUBMISSIONS
8.1 Public notice was given by mail to each landowner within 120 me,tresof the
subject site and three (3) public meeting notice signs were' erected facing
Baseline Road I Waverly Road, and Highway 401. No general inquiries ofwritten
submissions on the proposal have been received to date.
9.0 AGENCY COMMENTS
9.1 The ClaringtonEngineering Services Departfnent ~as no objections to .-,>; ,
applications. Their development issues related to road improvements~i.'
Baseline Road, entrance construction I site servicing,stormwater management;
and grading will be addressed through site plan appreval.
9.2 The . Durham Regional Planning Department advised that the proposal ~be
permitted on the subject . lands provided that the commercial floorspace fd.t+f:!..
development is within the context of the Commercial Policy Review and.\~<'
Amendment #43 to the Clarington OffICial Pl8n.' this application has bien .
exempted from Regional approval.
9.3 The Durham Regional PubticWorks Department has no objections.toapproy.jl:Of.. .'
these applications. The site is serviced by municipal sanitary sewer andwlt!t '
supply services from Baseline Road. A right-in access only to thedevelopmePt
will be permitted from Waverly Road;
"
9.4 Central Lake Ontario Conservation supports the official plan amendment ...........
rezoning applications.. The Authority's development issues related to stonmNatet.
.' management, filling. and grading will be addressed through site plan approval.
. .
9.5 The. Ministry of Transportation similarly offers no objections to these appllcatloM.
The .' . Ministry's . ~eIopment . Issues related to stormwater. .ma~
development setbacks. entrance location I and signage will be addreeeed~'
site plan approval. .
'.10.0 COMMENTS
10.1 Highway Commercial. Areas generally consist of larger parcelt".,
. accommodate larger format types of commercial uses I whlcti .~.'.'
home improvement stores, motor vehicles sales and service centi8$. ...
centres I hotels, restaurants I and service stations. Through the .
. Policy review, the range of permitted land uses for Highway com ...... .... i ...< .. ....... .... .
was expanded somewhat to include large format home furnishing $ton......
othIreimilar large formatretaHers. '.
10.2 With the exceptien of the building reserved for RONA, the applicant's' site plan
could only accommodate larger format uses in three possible buildings. The
design and position of these buildings could ~ccommodate a maximum Of lour
larger tenants. The applicants are seeking a broader range of general rata". U888 .
'604
REPORT NO.: PSD-050-06
PAGE 5
that would permit larger format tenants in home furnishings; apparel and similar
lines of merchandise. They are not looking to accommodate either a grocery
store or a department store.
10.3 Although the revised Highway Commercial Area policies specifically .do not
permit banks, the applicant applied to permit a financial institution in the fOrm of a
credit union on the subject lands. . The Commercial Policy Review identified
financial institutions as a key anchor for ck>vIntownareas and as such has Umited
the number of banks in the BowmanvlllEt'^'~t TownCel'ltre to two. While the
proposed financial institution Is a credit union thatis currenlly not represented in
Bowmanville or Courtice, Staff will have to further investigat8the suitability fora
financial institution on the subject lands.
10.4 The applicant has discussed the possibility of revising these applications to
reduce the minimum floor space size frorn 101000 square ~t to 5.000 square
feet with Staff. . Such an amendment would reqQire additional review to ensure
that the reduction In floor space is compatib~. with the recommendations of the
Commercial Policy Review and Amen<.1ment #43 as approved by Council. The
amended application would also.besubjecl to a further Public Meeting.
11.0 CONCLUSIONS
11.1 As the purpose of this report is to satlsfythe requirements for Public Meeting
under the Planning Act, and ~ng into" consideration all of the comments
received I it is respectfully recommended that this report be referred back to Staff
for further processing and the preparation of a subsequent reJ)9rt..
Attachments:
Attachment 1 - Key Map
Attachment 2 '7 Proposed Official Plan Amendment
Interested parties to be notified of Council's decision:
Alan Hirschfield, UD+D Inc.
Sam Cohen I Torgan Group -
Joe Cavallo,. Shell Canada Products Limited I
605 .
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, ~ Surplus SheU Lands to be solei to Bowmanvt'le
COPA 2005..01.
Clarlngton OffIcial Plan ~....
i
ZBA 2005-051
Zoning By-law Amendment
Owner: Bowmanvllle Creek Dev.Io~"; .......
606
Attachment 2
To Report PSD-050-06
AMENDMENT NO.
TO THE CLARINGTON OFFICIAL PLAN
PURPOSE:
The purpose of this amendment is to include an exception to the
Highway Commercial policies to permit additional uses within a
proposed commercial development .. The additional uses would
consist of general retail uses; which have a minimum gross floor
area of 929 square metres (101000 square feet) and one
financial institution in the form of a credit union.
BASIS:
The amendment will provide for a larger range of commercial
opportunities within a designated commerc.ial location and
thereby aiding the economic viability of this prominent location.
The policies of this amendment will permit the development of
commercial uses on the subject site I which by. their nature of
being in excess of 929sqoare metres in size, may restrict from
being able to locate in tradition IIdowntown" locations.
ACTUAL
AMENDMENT:
The Municipality of Clarington Official Plan is hereby amended
as follows:
1. By. including an exceptiOn to Section 23.14 to create Section
23.14.5 as follows:
1123.14.5 Notwithstanding Section 10.9.11 general retail uses
which have a minimum gross floor area of 929 square
metres and a financial institution in the form ofa credit
union shall also be permitted on lands located east of
Waverly Road, south of Baseline Road, west of Spry
Avenue and legally described as Part Lot 131 former
Town of Bowmanville" .
IMPLEMENTATION: The provisions set forth in the Clarington Official Plan as
amended I regarding the implementation of the Plan shall apply
in regard to this amendment
INTERPRETATION: The provisions set forth in the Clarington Official Plan as
amended, regarding the interpretation of the. Plan shall apply in
regard to this amendment
607
Cl~n
REPORT
PLANNING SERVICES,
PUBLIC MEETING
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, May SI 2006
Report #: PSD-051-06.
File #: ZBA 2005-031
By-law II:
Subject:
REZONING TO PERMIT A CONVENIENCE STORE ACCESSORY TO A
MOTOR VEHICLE SERVICE STATION"
APPLICANT: SHELL CANADA PRODUCTS LIMITED
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following: .
1. THAT Report PSD-051-06 be received;
2. THA Tthe rezoning application submitted..oo behalf of Shell Canada Products be
APPROVED and that the attached zoning by-law amendment be adopted by Council;
3. THAT the Holding symbol be lifted at such time as the Municipality receives written
assurance from the TSSA and/or a qualified person under the Environmental.Protection
Act that anyon-site contamination is cleaned up to accepted standards and that there is'
no off-site contamination from the historic operation of the gas station or that any off-site
contamination has been cleaned up to acceptable standards; and
4. THAT all interested parties listed in this report an~ any delegations be advised of
Council's decision.
Submitted by:
David. Crome, M.C.I,P" R.P.P.
Director of Planning Services
Rev~by:6~-~
Franklin Wu.
Chief Administrative Officer
BH/CP/DJC/sh/df
2 May 2006
CORPORAnoN OF THE MUNICIPALITY OFCLARINGTON
40 TEMPERANCE STREET, BOWMANVlLLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
608
REPORT NO.: PSD..o51-06
1.0 APPLICATION DETAILS
1.1 Owner: . Shell Canada Products Limited
1.2 Agent: Robert Dragicevic, Walker Nott Dragicevic
1.3 Rezoning: from "Service Station Commercial (C7)lIto "Service Station Com~
Exception (C7 -7t to include a conveniencestC)re as a permitteduse~ct;'?';~
1.4 Location: 114 Liberty Street South. Part Lot 111 Concession 1 of the former~.<
Bowmanville . .
PA~,2
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2.0 BACKGROUND
2.1 On July 251 20051 Shell Canada submitted a rezoning and site plan app .
a convenience stgre ..to be.' developed in conjunction with the redeve
.existing.motor vehicle fuel bar. ..
2.2 The site is currently operating as a Beaver. Gas Service
proposes the redevelopment 9f all existing' facilities and their
gas b~lrand ca~Y. convenience retaiVpay-point buikting,.ndenhanced II. ,
.2.3 The property is serviced by municipal water and sewers.
. .
2.4. A public meeting was originally held September 171 2005. Prior' tathe pubic.
. staff became aware of a discrepancy in the public noticeYlith res~ to..'7~
. time. As a result it was decided that a 2nd public meeting Would be ~.I,.. ..'
the public meeting held On September 17, 2005. a public open hOUse _
January 19. 2006. to listen and discuss concerns and issues from
. residents. Approximately 26 area residents. attended the open house.
3~0 PUBLIC NOTlOE AND SUBMISSIONS
3.1 Public notice was 9lven. by ~i1 to ~achlandowner within 120 metres<>>f~.~~.i
property and a publIC notice sign was Installed on Liberty st. and Park St.. ~"'.;> .<
3.2 The planning d~artment received two written submissions I one e-mail and ~~. .
inquiry from the circulated residents. The submissions raised the following~:'0;'
· The gas bar operating as a 24 hour a day facility . ..
· . Traffic congestion at the Liberty and Park intersection"$'
· Safety for p8destrians crossing Park Street
· Garbage and I~r along Liberty Street .
· Negative impact on property values
· Two convenience stores already service the area
· Location of the "as storage tanks
699
REPORT NO.: PSO.Q51-06
PAGE 3
3.3 A petition opposing the proposal with 22 signatures was submitted. The petition
mentioned the same issues listed In section 3.2 of this report. '.
4.0 PUBLIC OPEN HOUSE
4.1 Three town staff, four representatives from Shell and t~it'COMUItant and 26 residents
attended the January 19 meeting. An overview of.the p(Qposafand.the purpose of the
rezoning application was. provided. The presentatiOn... specifically addressed. . the
following items based. oncornments from. staff and r~ents.from the first public
meeting: . .
· providing wood. noise fencingaloog the north and ~. property line
· protecting I preserving. and planting trees and landsCaping
· removing any contamination from the site .
· operating as a 24hrfacility
4.2 Residents were generally content with the site plan. Concems were raised regarding
traffic, a grade difference between the site and the abutting streets. change to a self-
serve operation and change to a 24 hour operation.
These comments will be addressed .In. section 10 of this report
5.0 .. LAND CHARACTERISTICS AND SURROUNDING AREAS
5.1 The lands are currently occupied by a Beaver gas service station with four fuelling
positions a pay kiosk and two service bays.
5.2
Surrounding Uses:
West -
North -
East -
South -
Residential
Residential
Residential
Neighbourhood. Park
610
REPORT NO.: PSD-051-08
PAGE:>~~
8.0 AGENCY COMMENTS
6.1 In consideration of.tb<<!t natureqfthe application to allow a convenienoeitoie>II,,,
accessory use to an existing gas station I the application was circulated to. ~\
number of agencies. . . -,
6.2 Clarington Engineering I Clarington Emerg~ncy Services I Regional Planning. )~
~.ConservationAuthority.and Veridian Connections I all advised verballyorln~
they had no' obiectioo to the proposed zoning amendnnt.
7.0 PROVINCIAL POUCY STATEMENT
7.1 The Provincial Policy .Statement (PPS) identifies settlement areas...88 the... footJI.. '.'~ .'
growth and their vitality and regeneration shall be promoted. RedevelOpmentOf~.~'.
. to include the convenience store and upgrade the service station to meet the ~(..... .
of the day is consistent with the Provincial Policy Statement. .
7.2 The PPS states that contaminated sites. shall be remediated as necessary prior.
activity on the site associated with the proposed use such that there will be no .
~. .
1.3 Provided that any possible contamination issues associated with the h~",,9'\~>
site as a service station is remediated to accepted provincial standards. the..,
. use would be consistent with the PPS. ..
611
REPORT NO.: PSD-051-06
PAGE 5
8.0 OFFICIAL PLAN CONFORMITY
8..1 The Durham Region Official Plan designates the subject property as Living Area. Living'
Areas are to be used predominantly for housing' purposes. .lnAddition convenience
stores and automotive service station uses which are cort:lpatible with their surroundings
are permitted. This proposal is consistent with the Regional Official Plan.
8.2 The Clarington Official .Plan designates - the property Urban Residential. The
predominant use of lands designated Urban Residential shall be for housing purposes.
However service stations and comer stores (to a maximum of 100 square metres) may
be established in the Urban Residential designation subject to criteria. .
9.0 ZONING BY-LAW CONFORMITY
9.1 The property is zoned "Service. Station Commercial' (C7)1I which does not permit a
convenience store, hence the subject application. Permitted uses within'the C71 Service
Station Commercial Exception zone include a motor vehicle fuel bar. a motor vehicle
service station and the retail sale of confectionary items, sundry foods and promotional
items as .an accessory use.
10.0 STAFF COMMENTS
10.1 Shell proposes to completely remove the existing facilities and. replace them with a new
gas bar and an associated retail buildin9. The retail building will 'mclude the. pItY area
for the gas bar, a retail sales areal pubic washrooms, and office space. The new retail
building wiN have a gross floor area of approximateiy 56. 5m2. This building will be .
significantly smaller than most redeveloped Shell stations (usually 150m2 to 185m2).
10.2 'The' proposal provides for a 5 metre road widening dedication to thE! Region of Durham
along Liberty Street and an additional 5 X-10 metre daylight comer at the intersection of
Liberty Street and Park Street. Both dedications have been requested by the Region.
I
10.3 Durham RegionalWorks and Clarington Engineering did not request a traffic study. The
issue of additional traffic was raised as a concem by neighbouring property owners.
The site is currently operating as a service static>n. The rezoning will allow for limited
convenience items to be available at'the pay point for customers. The limited amount of
retail floor area is not expected to significantly increase traffic to the site. . Liberty St. is a
type B Arterial Rd. and is designated to carry moderate volumes of traffic
10.4 The proposed retail I pay point bUilding;i8'smallerthan an average Shell Kiosk and
smaller than the existing Beaver Statio.,- building. The location of the bulk fuel storage
. tanks was another issue of concem. -The site plan was reviewed for. altemative
locations for the storage tanks. Given the size of the site. the required room for truck
movements and residential uses abutting on tWo sides. an improved design location
was not achieved. The bulk fuel storage tanks will be installed in accordance with the
612
REPORT NO.: PSD..oS1..o6
provisions of the Provincial Gasoline Handling Act and will be located betweeft"i".
building and the west property line. ..
~... ?,::.
10.5 . The wooden fence along the north property line will be replaced with an'''~\i~i
vertical board fence. A new six foot board on board fence is also. proposed'.fu~
west property line. This upgrade will reduce the impact. of. noise generated on.".tor..
adjacent residents.
10.6 The proposed service.statlon is proposed to be.a 24 hour facility. Clarlngton.i~J~
currently regulate hours of operation. This was an issue ofconcem for'
land owners and an area of Investigation by By-law Enforcement. No i
between Shell and the community regarding hours of operation was ach
has promised no fuel delivery or garbage pick-up between the hours of 10:00
6:00 a.m. The Clerkls Department has written a report on the issue of hOtIrs .
to be 'considered by the GeneraJ Purpose and Administration Committee
agenda of this meeting. The report concludes that It is not legally possible" ....
regylations for the hours of operation of only gas stations and ..i1jt,
establishments in the Municipality. .
10.7 Prior" to approval of any building permits Shell Canada Products Limitedis*,uilectf9
enter into a site plan agreement with the Municipality of Clarington that. will .'\1tIhl
among 'other issues I site. clean-up I grading,landscaping and urbandeeisJ~.~.
Landscaping and fencing issues with adjacent property owners has beeA..........,..//
Shell.
;-
10.8 Th4tMunicipalityhas had. experience with lloff-site" contamination from ...
sbltionsat Libe,rty StreetlKingStreet East and atWaVet'ly RoadIBaselineRoad. In..
. o.f;~i8. and particularly given the small site area of the existing.service station, there''''. .
.iV.' pPtential for the contamination of lands outside of the sllbjeat service;~
Staff recommends the. zoning amendment contain a. 'Holding (H)' .'~.. .
8CCotlJance with Se<:tion 23.4.3 of the Official Plan.. A By...law removinll_x
.willi~JOrwarded...~to Council at such time as the conditions of.. ...... .
/haV8 ..been.. .~, . and that any issues related to potential ~i;
contamination, and the requirements of either TSSA or the Environ .
. .I!-.d.. . have been compUed with for redevelQpment on the site for the
8t$tion.
",.".i'
.1,~QcOMNEtfGA_S
t 1.1 Based on the ~ments in this report, it is respectfully recommended
application be APPROVED as contained in Attachment 2.
t 1~ It fu~r recommended that the 'Holding' symbol only be lifted.wheIi a~i
.... . 'feCeiv~ ....~~... allY on-site and off-site contamination has been .~.., ;.,
acceptable provincial ....rds.
iS13
REPORT NO.: PSD-051-06
PAGE 7
Attachments:
Attachment 1 . Key Map
Attachment 2 - By-law Amendment
List of interested parties to be advised of Councilts decision:
Joe CaveUo, Shell Canada Products
Limited
Robert Dragicevic. Walker Nott Dragicevic
Associates Limited
Gregory and Brenda Stephens
Jim Buttonshaw
Helen and Francis Cook
Linda Sutherland
MaN Bird
Ed Brld
Peggy and Ron Haynes
Barb Buttonshaw
Brian Judrom
Doug Hardy
Mark Rooney
Randy Goudey
Peter Barnard
Billy Fran Andrew
Bill Komazil
Christine Henderson
Walt Setens
Roysten Bryer
Joyce Hunter
Brett Jeffs
Kevin Anyan
614
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ZBA 2005-031 . ",. .
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ZONING BY-LAW AMENDIIIENfY. . '
Owner: Shell Canada ProductI
..
615
,
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2006-
Attachment ~
To Report PSD-051-QE
being a by-law to amend By-law 84-63. the Cqmprehensive Zoning By-law for the
Corporation of the Municipality of Clarington
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable
to amend By-law 84-63, as amended, of the. former Town of N~stle in accordance with
appli~tions ZBA 2005-031 and SPA2005-034 to permit a convenience store as an accessorY
to a permitted use;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. By adding a new Section 22.4.7 respecting lanets zoned C7-7, as follows:
"22.4.7 SERVICE STATION COMMERCIAL EXCEPTlO.N (C7-7) ZONE
Notwithstanding Sections 21.3 (c), 21.3 0) a~22.1 (b),thoSe ~nds zoned C7-70n the
Schedules to this By..Iaw in addition to ~ ()tbttt u..,.pennitted in the (C7) zone, 1)e
used for a convenience store as an a<:c8I8OIY to a pennltted ute."
a) Front Yard (minimum)" 11.6 metres
b) Entrance Regulations
i) The minimum distance between driveways, measured along the
street line intersected by such driveway shall be 9 metres;
ii) the minimum di$tance ~tween .,d~ and an intersection of
street Unes, measured along the street line intersected by such
driveway, shall be 4.9 ~.
2. Schedule "3" to By-law 84-63 as amended, is hereby further amended by Changing the
zone designation from: "Service Station Commercial Exception.(C7) Zone", to "Holding
Service Station Commercial exception (H)(C7-7) Zone" 88 Rlustrated on the attached
Schedule "A" hereto.
3. Attachment "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 vf the Planning Act.
BY -LAW read a third ~ and finally passed this
day of
2006
2006
2006
BY-LAW read a second time this
day of
day of
BY-LAW read a first time this
John Mutton, Mayor
,Patti L. Barrie, Municipal Clerk
616
This is Schedule "A." to By-law 2006- ,
passed this day of . 2006 A.D.
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PARK DRIVE
John Mutton. Mayor
PettI L. Borrfe. MunIoIpaI CIIrtc.
Will ctH:D g
SCIfIE
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BOWMANVILLE
. .
.. .
6t"7
ClNilJgtDn
REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, May 81 2006
Report #: PSD-052-06
File #:. ZBA2Q06-0008.
and S.C-2006-QOO1
. By-law #:
Subject:
REZONING AND PROPOSED DR~fT PLAN OF SUBDIVISION TO.PERMIT
THE DEVELOPMENT OF 48 RESlbENTIAL UNITS
APPLICANT: BLACK CREEK DEVELOPMENTS LTD.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-052-06 be received;
2. THAT the proposed Draft Plan ..ofSubdlvision and .Zoning By-law Amendment,
submitted by Black Creek Developments Ltd. to permit the development of 48
residential units be referred back for further . processing. and the preparation of a
subsequent report; and .
3. THAT the applicant, Region of Durham I all interested parties .listed in this report and any
delegations be advised of Council's decision.
Submitted by:
RevleWectbC).u~~
Franklin Wu.
Chief Administrative Officer
avi J. Crome, M.C.I.P.. R.P.P.
Director of Planning Services
618
REPORT NO.: PSD-G52.oS
1.0 APPLICATION DETAILS
1.1 Applicant: Black Creek Developments Ltd.
1.3 . Rezoning:
1.2 Proposed Draft Approved'Plan of Subdivision:
The . proposed Draft Plan. of Subdivision includes ..~""
detached dwellings consisting of 28 lots for minimum 12_
frontages I 20 lots for 15 metre lot frontages I and a 0.338 hIa
Space Block. . .
To change the "Agricultural (At zone and the "Envl
Protection (EP)1t zone currently to permit the deve
proposed Draft Plan of Subdivision.
2.1 . On February 28. 2006 Staff received applications to amend the.
with an application requesting. approval of a Draft Plan of Subdlvis~n.
1.4 Site Area:
3.0n hectares (7.603 acres)
,1.5 Location:
The subject lands are located on the west of
of Westmore Street east of Jane Avenue
2.0 BACKGROUND
3~O SITE CHARACTERISTICS AND SURROUNDING LAND USES
3.1. Th8subject site is currently vacant. Thesouthem portion of the site has
cleared in preparation of the construction of George Reynolds Drive to
This connection was .a condition of draft approval for the lands within 18t
3~2 Surrounding Uses
North -
Vacant and large lot single detaChed.dwellings frOOtirig.()ri
Road
Residential.' single detached dweUings
Agricultural and large lot single dEGChed dweUings
Vacant residential under construction
South -
East -
West -
4.0 PROVINCIAL POLICY STATEMENT
4.1 Planning authorities are required to provide for a range of housing typ.~\
with a ten year supplyotJends which are designated. and a three year suppty .
and serviced landswitl'trndraft approved and registtted plans. New houSiflg....
directed to locations where infrastructure and public services are availabl8~. .
it9
. REPORT NO.: PSD-052-06
PAGE 3
4.2 The PPS states that development shall not be permitted on lands adjacent to natural
heritage features unless the ecological function the lands have been evaluated and it
has been demonstrated that there will be no negative impacts on the natural features or
their ecological functions.
5.0 OFFICIAL PLAN POLICIES
5.1 Durham Reaion Official Plan
The lands are designated as Living Area within the Durham Regional. Official Plan.
Lands designated. as Living Area permit the development of communities with defined
boundaries. incorporating the widest possible variety ofhQusing types. sizes and tenure. .
5.2 Clarinaton Official Plan
In the Clarington Official Plan. the subject lands are designated as Urban Residential.
The lands are within the Glenview Neighbourhood,which has a population target of
3100 people and a housing target of 1135 units. ..
Low Density residential uses shall be developed at 10-30 net units per residential
hectare. The predominant housing form shall be single detached. semi-detachednink
and duplex t~ a maximum height of 2.5 storeys. .
. The proposal deviates from the Glenveiw Neighbourhood design. plan 888 connection
to the lands to the north is not provided in the vicinity of Lots 42 and 43 (see Attachment
1). This would limit development potential of the lands to the north. However. it should
be noted that since the approval of the Glenview Nelghbourhood Design Plan. the new
Harmony-Farewell Iroquois Beech PSW hasbeeo Identified onlancls in the vicinity of
Block 51. An EIS Is required to make recommendations for devetopment potential on
these lands. This may lead to an amendment to the GlenviewNeighbourhood design
plan. -
The Clarington Official Plan policies require an. Environmental Impact Study (EIS) be'
undertaken for development applications located on lands within or adjacent to the Lake
Iroquois Beach, or any natural heritage feature Identified on Map C. An EIS is also
required where development proposals are . located within 120 metres of the boundary of
a wetland or a wetland complex. An els. in accordance with policies of the Clarington
Official Plan I will be undertaken for the development. The expense shall be bome by
the proponent.
6.0 ZONING BY-LAW
6.1 Within Comprehensive Zoning By-law 84-63 as amended the lands are zoned
"Environmental Protection (EPt and "Agricultural (A).. A zoning by-law amendment will
be required in order for development to proceed.
620
~'7{~;~~7i~~~"8:Y0iflJf~~~";'
REPORT NO.: PSD..o52-G6
7.0 PUBLIC NOTICE .AND. SUBMISSIONS
PAGE..
. .
7.1 Public Notice was given by mail to each landowner within 120 metres' of1he S...bjeCt~i
. . A Public Meeting sign was Installed on the Courtice Road frontage. . .
8.0 AGENCY COMMENTS
8.1 Comments are outstanding from the majority of the circulated departments and
agencies.' .
8.2 Clarington Emergency Services I Hydro One Networks -Inc. and Rogers cabIe"!~.iI:i
comments or objections on the proposed applications~ ,... .,
8.3 The Kawartha Pine Ridge District School Board advised that . the ,
generate between 11... and 14 students to Courtice North. Public School wh
over capacity Wi'lft6 portables on site and 7 students. to Courtice
The Board requests sidewalks on all interior roads. TheBdard has nO
applications.
'......... STAFFCOMMENTS
. 9.1 Due to the location of the proposed development .within the Lake Iroquois ~~~,> ..
~ily to the Hannony-Farewell Iroquois Beach PSWI significant,!. . ..'..... ........ .
c'aignlftCant valleylands an Environmental Impact Study is required. In . 1998 an
EtWironmental Impact Study (EIS) was submitted' by the applicant in. supportof',
BirChdale Village (181'-95029) located to the west of the current appUoatfon. .~
subject site was inclUded as part of the subject area for that Environ~,,,,
Study which wassubseqUentfy approved by the Municipality and th8. ce,.~.'
'Ontario Conservation Authority. Since the 1998 EIS addressed the subJeI'i' .'
staff. in consultation with the Central Lake Ontario Conservation"
determined that the EIS requirements can be addressed ttlrough an ~,>
~nal report. The addendum will be required to provide spedlic'trI~.,.
rttcommendations on the current proposal. The. addendum' must allO."i~
EeCently released Harmony-Farewell Iroquois BeaCh PSW. The appbnt"ii;Q!lI,lIi.
..: Terms of Reference for the Addendum Report forrevleviarid ~bY~'"
Municipality and the Central lake Ontario Conservation .Authority. . .,. .
8.2 Sfaff~ill review the appropriateness of the Open Space Block inten'ril';off~.
. .... access. and location with the Central Lake Ontario Conservation ~~.,...,. ,
lIS. addendum report must also examine this Block to determine if it~~~..
apptopriate buffer for the provincially significant wetland locateddirectly'to1hi~~~'
..t;SelneSIS Addendum Report must also address theremovaf. of the connedlOt1t~r.~tI;~ .
themorthin the viCinity of Lots 42 arid 43 as identified in the GlenvieW>Nei9~'
Design Plan. Glven.the location of the new Provincially Significant Wetland on the .....
to the north, it may be necessary to amend the Glenview NeighbOurhoodDesIgn Plan.
62,1
REPORT NO.: PSO.QS2.Q6
PAGE 5
9.4 Although, it is Council's position to avoid cul-de-sacs in favour of a grid street network,
the applicant has designed Skinner Court in. .accordance with the. approved Glenview
Neighbourhood Design Plan. If the GlenviewNeighbourhood Design Plan requires an
amendment, Staff will examine Skinner Court to determine if there is an opportunity to
connect it with George Reynolds Drive in favour of ~ grid network design.
10.0 CONCLUSIONS
, .
10.1 The purpose of this report is to provide inform~tion for the Public Meeting required
under the Planning Act. Staff respectfullY request that ..this report be referred back to
staff for further processing and the preparation ofa subsequent report.
Attachments:
Attachment 1- Key Map
List of interested parties to be advised of Councirs decision:
Natalie Nowosad
D. G. Biddle & Associates Ltd.
Slack Creek Developments Ltd.
Friends of Second Marsh
622
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qNhJgtDn
RE.PORT
PLANNING SERVICES
PUBLIC. MEETING
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, May 812006
Report #: PSD-053-06
File #: PLN 34.2.4.2
By-law #:
Subject:
BEECH AVENUE, BOWMANVILLE - HERITAGE CONSERVATION DISTRICT
DESIGNATION AND HERITAGE CONSERV!'nON DISTRICT PLAN
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following: .
1. THAT Report PSD-053-06 be received;
2. THAT a Beech Avenue Heritage Conservation District Plan be adopted under Part V of
the Ontario Heritage Act (Attachment 1);
3. THAT the Beech Avenue Heritage Conservation District By-law be adopted;
4. THAT the Beech Avenue Heritage Conservation District be reviewed with input from "the
residents three years after it comes into force; and .
5. THAT any interested parties or delegation be advised of Council's decision.
Submitted by:
'.()~~
Reviewed by: .
Franklin WUI
Chief Administrative Officer
J. f me, M.C.tP" R.P.P.
Director of Planning Services
IUFUDJC/df
27 April 2006
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVlLLE, ONTARIO l1C 3M T (905)623-3379 F (905)623-0830
624
REPORT NO.: PSD-GS3-G6
1.0 BACKGROUND
1.1
On September-. 30, 2002 Council approved Initiation of a study pursuant to Section 40 .
(1) of the Ontario Heritage Act for a heritage conservation district (HCD). A stt.py ....
..By-Iaw 2002-150 was passed. The study was to proceed in two phases. ~.JiIit.
the preparation of a HCD Background Study I and the second being the preparltlonoter'
HCD Plan. . .
(
1.2 In May of 2004 Council accepted the Phase 1 Study; which detailed the ... h8riI:age
character of the area on a street by street basis I and approved proceeding wIh.P~ 2
of the study which 'was the development of the HCD Plan and .a~,'.'
architectural guidelines. .. ..,
. ~~
1.3 The residents and. community have been kept informed of the pro~""f.f'~J.:i;';
progress. A t~1 of three newsletters have been issued I a number of op,IlhOQaes' .'
have been held and the draft guidelines were distributedtQ all residen. in ~ of
2005. A public meeting on the proposed HCD Plan was held on ()ctQ~t.~~~. . .... ....<
delega,tions; submissionsaoo comments were referred back to statf; 'i';:;'f,"~.l
1.4
,i,:,,::;'?:
The recOmmendation brought forward by staff in January of 2006 was bc8l8d
input from a number of stakeholder group~, numerous comments from. rea ..'
area and a reqUesffrom the residents of the Beech Ayenueblockthat.......tik:iI.
designated with a three year timeframe for evaluation. .
,. ~.:..
.1.500 February 131 20061 Council approved the follOwing resol~n:.)ii\.
-rHAT.no further. financial resources be spent on the Heritage ~~.;"...;..I~.
Plan throug~ consultants; . . . .. ... .... . .
,,;,:.r.~
THAT the draft Bowmanville Heritage Conservation District Plan be~;;'""
Bowrnanville (North Ward)' Heritage Guidelines for use as a resou~ ....
. reaident8; . .; ~
. THAT a Beech Avenue Heritage Conservation District Plan be clrafted
reqiJ$stof the. Beech Avenue residents for designation of a HeritaIe'
District under Part V of the Ontario Heritage Act and that no .C'
Conservation Plans be considered until the three . year review of Beedl.
been completed; .
THAT .the Beech' Ave~~.. Heritage Conservation District By-law be,
speeific. Beech Avenue Heritage Conservation District Plan has been'.
THAT. upon reconstruction of Beech Avenue, no further dollars .be .8PIII.
traditional road construction; and . .
lliAT.the Beecm. Aven,- Heritage Conservation District b8 reviewed'
three years after it comes into force. ·
REPORT NO.: PSD-053-06
PAGE 3
1.6 The Beech Avenue HCD Plan and by-law notification was published in the Canadian
Statesmen newspaper on April 12th notifying the public of that the Plan was .available for
public review at the Planning Services Department, Clarington Library (main branch)
and Sarah Jane Williams Heritage Centre to meet the statutory requirements set" out
under the Ontario Heritage Act (see attachment 2). .
2.0 THE PROPOSED HERITAGE CONSERVATION DISTRICT PLAN
2.1 The Beech Avenue Heritage Conseryation.. District Plan was prepared based on
designation of the block under Part V of the Ontario Heritage Act. The Ontario Heritage
Act was amended in April of 2005 and the new Act sets out the following criteria to be
included in a HCD Plan: .
a) statement of the objectives to be achieved in designating the area as a heritage
conservation district; .
b) a statement explaining the cultural heritage value or interest of the heritage
conservation district;
c) a description of the heritage attributes of the heritage conservation district and of
properties in the district;
d) policy statements, guidelines and pr~ures for achieving the stated objectives
and managing change in the heritage cOnse~ation. district; and
e) a description of the alterations or classes of alterations that are minor in nature
and that the owner of property in the heritage conservation district may carry out
or permit to be carried out on any part of the property" other than the interior of
any structure or building on the property, without obtaining a permit under section
42. 2005. c.6. s.31. .
2.2 The Beech Avenue Heritage Conservation District Plan has been reviewed by the
Ministry of Culture and provincial staff have confirmed that the draft HCD Plan meets
the requirements of the Ontario Heritage Act.
2.3 The LACAC at their meeting of December 14th, 2005 passed a resolution which
endorsed the designation of a pilot area. The LACAC were ~rovided with a copy of the
Beech Avenue HCD Plan' prior to their meeting of April 18 I 2006 and they provided
. comments many of which were. incorpo~ted. into the Addenda that was circulated on
April 20. 2006. as corrections to the draft HeD Plan. At the April 18th meeting LACAC
also passed a resolution accepting the . study and recommending it. to Council
(Attachment 3). .
2.4 The Beech Avenue HCD Plan is based on the previously prepared draft Plan for the
larger neighbourhood. The Beech Avenue .HCD Plan has been tailored specific to the
626
'. ';S'\^';;":-:-~~J;j;f~,:"t1~'\~:',i;::,:-ti~3:';:~~~~,:''~_.:r'.~"
REPORT NO.: PSD-053-06
PACE' 4 .
Beech Avenue block. The Beech Avenue HCD Plan has been reviewed with artd
circulated to the residents to the block.
2.5 Staff have reviewed all of the changes to the Beech Avenue HCD 'Plan with b()Jh...~......'...' ...
residents of the street and the Older Adult Association. Staff have attemptec:t:'to .~
all of the comments brought forward by the residents and Older Adult ~
Some of the issues raised go beyond the terms of reference for a heritage ~..'
are not applicable to this project or addressed in this report. .. ".
2.6 As part of the functioning of a heritage district major applications. as outlined. in ~.'T.
'3 of the Plan are reviewed by an.advlsory ~ommittee thatma.kes recommettt~~:~.
Council I who under the Ontario Heritage Act are the decision-making body for . ~........ ........
alterations. The composition of the Advisory Committee has been thetoplC.,.;
discussion numerous times during the study process. The Older Adult In
their delegation to COUncil on February 1312006 requested that theYJ>e in
membership of the HCD Advisory Committee; however, they have modified. .
~l1d suggested that their Executive Director sit as a ex-t?fficiomembet"',-l\
recommendation is that the advisory committee be composed of repretSeft.~
LACAC, a building industry or design professional, one property owner' from ..... '...
municipal staff would facilitate the group but not havevotin,g rights. . Ap~....i
aHactions of the advisory committee m4St be endol"se(J by Council. The
Committee would be involved in reviewing the following;
. 't'-',
construction.. of new buildings
additions to buildings
demolition of a portion of a building* -
demolition of an entire building*
relocation ofe building on a property
relocation of abuilding from outside the district
site and park function alterations at Clarington Beech Centre
streetscape improvements including road and/or utility
reconstructionfmstallatlon
~
.
.
..
.
.
.
',,'~'
*These matters would'also be reviewed by the LACAC as it is a
of the Ontario Heritage Act.
s.o CONCLUSIONS,
.' ',- -',
.3.1 .~PeeCh Avenue residents. the LACAC, and the Older Adult ~,.
YIitb. the contents of the Beech Avenue Heritage ConservationOWllCt;
Ministry and staff are satisfied that the Plan meets the requirementa.. ,.
Part V of the Ontario Heritage Act. Staff recommend that the Beech A~
Conseivation District Plan. be approved, as amended'bythead(tenda.
3.2 CoU~1 has alread.r comm~edto.a ~vie~ ~fth~Beech Avenue HCD Plan and~'.'. x.
in the February 13 resolution whICh IS detailed In the Plan. .. .
627
REPORT NO.: PSD-053-06
PAGE 5
3.3 In keeping with the resolution it is recommended that approval for all minor alteration
heritage permits be delegated to the Director of Planning Services and that an advisory
committee with representation from the 'LACAC, and others as detailed in 2.6 be
established to revlew.major alterations for the Beech Avenue HCD Plan.
Attachments:
Attachment 1 - Beech Avenue Heritage Conservation District Plan (distributed under
separate cover and addenda)
Attachment 2 - Advertisement
Attachment 3 - LACAC resolution
Attachment 4 - By-law
Interested parties to be notified of Council's decision:
District Steering Committee Members
Members of the LACAC
OBNA
Beech Avenue Residents
Pa~1 King, Ministry of Culture
628
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Attachment 3
To Report PSD-053-06
LACAC Resolution, April1Sth, 2006
Recommendation of the Committee:
MOVED: Jennifer Knox
SECONDED: James Rook
THAT the Clarington Heritage Committee recommends to Council that the draft
Beech Avenue Heritage Conservation District plan be accepted with
amendments as the ,Plan will. assist the area in retaining its special character in a
manner that allows change where appropriate while respecting the values of.the
past.
"CARRIEDII
630
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2006-
being a By-law to designate the Beech Avenue block as a heritaQe conservation
district;
WHEREAS Council at its meeting sep~ber 30th, 2002 approved initiation of a study
pursuant to SectioQ 40 (1) of the Ontario. Heritage Act for a heritage conservation
district; and whereas By-law 2002-150 adopted the study area;
AND WHEREAS. heritage study of the area was conducted;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Munlcipafity of Ctarlngton enacts as foHows:
1. The area outHnedby the heavy lines shown on the map attached al Schedule
-A- to thliby-law is designated as a heritage conservation district under Part V of
the Ontario Heritage Act; R.S.O. 1990, ch~ter 0.18.
2. The Heritage Conservation District Plan for the Beech Avenue Heritage
Conservation District prepared by the Planning Services Department, dated April .
2006 is adopted. .' !
.. .
3. A copy of the heritage character statement and heritage conservation district plan
is aveHabIe for Inspection at the office of the Municipally of ClaringtOn,.PIInning ·
Services Department, Third Floor, 40 Temperance Street, Bowmanville. Ontario.
. .
1Slh day of
BY-LAW read a first time this
May
2006
1Slh day of
May
2008
BY-LAW read a second time this
1S" day of May
2008
BY-LAW read a third time and finally. passed this
John Mutton, MayOr
Patti L Bame. Municipal Clerk
631
SCHEDULE 'A'
CONCESSION STREET WEST
w I
::J
CLARINGTON ..~
BEECH CENTRE
:I: ~..
~
W
.CO 0
Proposed Beech Ayenue Heritage Conservation District.
632
CJmilJgloo
REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, May 812006
Report #: PSD-054-06
File #: ZBA 2006-0010
By-law #:
Subject: APPLICATION FOR REMOVAL OF PART I-OT CONTROL
APPLICANT: THE KAITLlN GROUP
RECOMMENDATIONS:
It is respectfully recommended that the General . Purpose and Administration Committee
recommend to Council the following: .
1. THAT Report PSD-054-06 be received; .
2. THAT the request for Removal of Part Lot Control with respect to block 22 on Registered
Plan 40M-18641 and blocks 85 and 86 on Registered Plan 40M-218S.be APPROVED and
that the attached Part Lot Control By"',~VI be passed pursuant to Section 50. (7.1) of the
Planning Act; and .
3. THA Tall interested parties listed in this report. any delegations and the Regional
Municipality of Durham Planning Department be advised of Council's decision.
Submitted by: ~
aVI . C~, M.C.I.P., R.P.P.
Director of Planning Services
R . edb'A~~- ~
eVlew y:U :::;""lA....)"'-.,
Franklin Wu,
Chief Administrative Officer
BRlCP/DJC/shldf
28 April 2006
CORPORATION OF THE MUNICIPAUTY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVJLLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
633
,:,"~;~q"::'~r~~'-':':.
634
REPORT NO.: PSD-054..o6
1.0
1.1
1.2
1.3
,..APPUCATIOM,DETAILS
AppRcantlAgent: The Kaitlin Group.
Owner 1532746 Ontario Inc.
Location: Part Lot 161 Concession 11 former Township of
40M-1864 Block 22 and 40M-2185 Blocks
Attachment 1).
\'
2.0 . BACKGROUND
2.1 On March 29. 2006. Staff received a request from The' KaitIin Group' on
Stein of 1532746 Q~ Inc. for the Removal of par.t Lot ConttoI with .......
and 86 on Registerec1Plan 40M-21851 and BIock~On Regis~ Plan4OM--
2.2 Plan -of Subdivision 40M-1864 was registered on December 231 1
Subdivision 4OM-21~5 was registered on January 141 2005. The. thJ8t;..?;
the application are split betw~n the two Plans of Subdivision and jointlY'
blocksfc)rfour(4)' residential units. A reto"ingaod r~YJt of holdiocJ
property on November 28.. 2005. applying- ~Urban Re8'kJtntiel Ex -
to the whole. of the property. The removal of. Part Lot Control
construction of four Hnked dwelling units.
J..it . toMMENTs
f:,",:
,3.11'fW approval of the application would facilitate devetoprnehf -of two~ IIhI< .
d\fieIngs. as originally contemplated through di'aft approvslof the two .
S\lbdMsion.The Io1swill frOnt on Bannister Street. Staff has no objectiC)l'l,
of..By4awe~.. the subject lands from. Part' t~ConttoI. "" .~
(AttaChment 2) to exempt the subject lands from SeOtIon50(5) of the
3.2 Attaachrnent 3 is a Summary Table provided in accordance with ~ R_
requirements under the d8lEtgation of Part Lot Control. .It details lots ..... . . .... ........ ..._
Lot Control By-law arld the unit type and number of the Part Lot ControIBy-IaW./
4.0 ReCOMMENDATIONS
.4.1 In accordance .wittf$ubsection 7.3 of Section'50 of the Planning.Act. '"
provide a specified timeframe during which the By-law shall be in force. .." AI-
not necessary for Staff- to prepare a second By-law to restore Part Lot
.SUbject lands. The Planning Act leaves it. to the Municipality to
jpproprlate timeframe during which the By-law shall apply. Staff
REPORT NO.: PSD-054-06
Page 3
By-law be in force for a three (3) year period following.Council.approval, ending May 81
2009.
. Attachments:
Attachment 1: Site Location Key Map and LandS Affected. by Part Lot Control Removal
Attachment 2: By-law for Removal of Part lot Control .
Attachment 3: Unit Type and Number Summary Table
List of interested parties to be advised of Council's decision:
Lome Steln, 1532746 Ontario Inc.
Kelvin Whalen, The Kaitlin Group
635
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2006-
Attachment 2
To Report PSD-054-06
being a By-law to exempt certain portions of Registered Plan 4OM-1864 and 40M-2185
WHEREAS the . Council of the Corporation of the Municipality of Clarington deems it advisable to
exempt from Part Lot Control blocks 85 and 86 on Registered Plan 4OM-2185, and block 22 on
. Registered Plan 4OM-1864, registered. at thelandRegistiy Offlcefor ,the ,Land Titles Division of
NewCastle; . " ".
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corpondion of the Municipality
of Clarington enacts as folloWs:
BY-LAW read a first time this
day of
BY-LAW read a second time this
day of
BY-LAW read a third time and finally passed this
day of
2006
2006
2006
John Mutton, Mayor
Patti L Barrie, Municipal Clerk
637
. PART LOT CONTROL EXEMPTION BY-LAW
UNIT TYPE AND NUMBER SUMMARY TABLE
Registered Plan #'s: 40M-1864 and 40M-2185
By-law:
RESULT OF PART LOT CONTROL .
EXEMPTION ON UNIT TYPE & NUMBER
Block 85 of40M-2185 and Block 22 of 40M-1864
Block 86 of 40M-2185 and Block 22 of 40M-1864
TOTAL
Semi-Detabhed - 2
Semi-Detached - 2
Units - 4
638
CJN.#1glOn
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION MEETING
Date:
Monday May 8, 2006
Report #: PSD-055-06
File #: A2006-0009, A2006-0010
A2006-0011, A2006-0012
And A2006-0013
By-law #:
Subject:
MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT
FOR THE MEETING OF APRIL 20, 2006
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-055-06 be received; and
2. THAT Council concurs with the decision of the Committee of Adjustment made on April
20, 2006 for applications A2006-0009, to A2006-0013 inclusive, and that Staff be
authorized to appear before the Ontario Municipal Board to defend the decisions of the
Committee of Adjustment.
Submitted by:
a' J. Crome, MCIP, R.P.P.
Director of Planning Services
6~
Reviewed by: ~,
Franklin Wu,
Chief Administrative Officer
BR*CP*DJC*sh
April 26, 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-055-06
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 summarized below.
~Prl ,
Application Number Staff Recommendation Decision of Committee
A2006-0009 Approve with Modifications Approved with Modifications
A2006-0010 Approve with Modifications Approved with Modifications
A2006-0011 Approve with Modifications Approved with Modifications
A2006-0012 Approve with Modifications Approved with Modifications
A2006-0013 Approve with Modifications Approved with Modifications
DECISIONS OF COMMITTEE OF ADJUSTMENT FOR
A '120 2006
2.0 COMMENTS
2.1 Application A2006-0009 was an application to permit a deck with an interior side yard
setback of 0.152 metres. Staff was concerned that drainage and maintenance would be
an issue due to the close proximity of the deck to the property line, however, the design
of the deck permits maintenance through openings in the structure, and the deck's
affect on drainage is mitigated by the steep grade of the property. Staff recommended
approval of the application with the condition that the property owner attain a building
permit for the deck, as well as the appropriate permits from Central Lake Ontario
Conservation as the site is within a regulated area. Committee approved the application
as recommended by Staff.
2.2 Application A2006-0010 was a request to permit the construction of an accessory
building by increasing the total lot coverage from 40% to 52% of the main building floor
area and by reducing the exterior side yard setback from 6 metres to 3.75 metres. The
owner indicated that a small existing accessory would be removed to facilitate the
construction of the new accessory building. Staff recommended the application be
approved with a condition that the existing accessory building be removed prior to the
issuance of a building permit for the new accessory building. Committee agreed with
Staffs recommendation and approved the application as recommended by Staff.
2.3 Application A2006-0011 was a request to permit the construction of an accessory
building by increasing the total lot coverage from 40% to 43% of the main building. The
applicant indicated that the proposed accessory building would be located a significant
distance from the home. Staff was concemed that a separate street entrance being
granted for the accessory building would result in the building no longer being
640
REPORT NO.: PSD-055-06
PAGE 3
accessory to the dwelling. Staff therefore recommended a condition that no additional
street entrance permits be issues for the site. The applicant also indicated that an
existing accessory building would be removed to facilitate the construction of the
proposed accessory building, so a condition requiring the removal of the existing
accessory building was included in the decision. The Committee also required a
building permit to be obtained prior to construction, as well as approval from Central
Lake Ontario Conservation. The application was approved by the Committee with the
above conditions.
2.4 Application A2006-0012 was an application to increase the lot coverage for an
accessory building by increasing the lot coverage from 40% to 47% of the main building.
The applicant indicated that an existing accessory building would be kept until the
proposed accessory building was complete, and then removed. Staff recommended a 6
month period to facilitate the completion of the proposed building and removal of the
existing building. In addition, Staff requested a condition that the internal drive from the
road allowance have a minimum setback of 1.2 metres from the property line, and that
no alterations to the driveway within the road allowance occur without approval from the
Engineering Services and Operations Departments. Comm ittee approved the
application as recommended.
2.5 Application A2006-0013 was an application to permit the construction of an accessory
building by increasing the lot coverage from 40% to 50% of the main building. Staff
recommended that the application be approved sU,bject to the condition that the
applicant remove an existing accessory building on the site, and provided that no
additional street entrances be permitted as an additional street entrance would mean
the accessory building was no longer accessory to the dwelling. Committee agreed with
the recommendation of Staff and approve the application as recommended.
2.6 Staff has reviewed the Committee's decisions and is satisfied that applications A2006-
0009, A2006-0010, A2006-0011, A2006-0012 and A2006-0013 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 t - Periodic Report for the Committee of Adjustment
641
Attachment 1
To Report PSD-055-06
QlJ!ilJglon
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT:
OWNER:
RONALD WORBOY
LYNDA SPENCER
PROPERTY LOCATION:
5554 OLD SCUGOG ROAD, HAMPTON
PART LOT 185, CONCESSION
FORMER TOWN(SHIP) OF DARLINGTON
A2006-0009 .
FILE NO.:
PURPOSE:
TO PERMIT A DECK WITH A NORTHERLY INTERIOR SIDE YARD SETBACK OF 0.152
METRES INSTEAD OF THE MINIMUM REQUIRED SETBACK OF 2 METRES.
DECISION OF COMMITTEE:
TO PERMIT THE CONSTRUCTION OF A DECK BY REDUCING THE NORTHERLY
INTERIOR SIDE YARD SETBACK FROM 1.2 M TO 0.152 M SUBJECT TO A BUilDING
PERMIT BEING OBTAINED WITHIN 60 DAYS AND THAT CENTRAL LAKE ONTARIO
CONSERVATION'S APPROVAL BE OBTAINED WITHIN 90 DAYS AS ITS MINOR AND
DESIRABLE IN NATURE AND CONFORMS TO THE OFFICIAL PLAN AND ZONING BY-LAW
DATE OF DECISION: April 20, 2006
LAST DAY OF APPEAL: May 10, 2006
642
Cl!J!..n
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT:
OWNER:
DREW GREIG
DREW GREIG
PROPERTY LOCATION:
94 PERRY AVENUE, HAMPTON
PART LOT 185, CONCESSION
FORMER TOWN(SHIP) OF DARLINGTON
A2006-0010
FILE NO.:
PURPOSE:
TO PERMIT CONSTRUCTION OF AN ACCESSORY BUILDING BY INCREASING THE
MAXIMUM LOT COVERAGE FROM 40% TO 52% OF THE MAIN BUilDING AND
REDUCING THE EXTERIOR SIDE YARD SETBACK FROM THE MINIMUM 6 M TO 3.75
M
DECISION OF COMMITTEE:
THAT THE APPLICATION BE APPROVED TO PERMIT CONSTRUCTION OF AN
ACCESSORY BLDG BY INCREASING LOT COVERAGE FROM 40% TO 52% OF
THE MAIN BUILDING AND BY REDUCING THE EXTERIOR SIDE YARD SETBACK
FROM 6 M TO 3.75 M SUBJECT TO CONDITIONS THAT. THE EXITING
ACCESSORY BUILDING BE REMOVED PRIOR TO A BUILDING PERMIT BEING
ISSUED, AND THAT A BUILDING PERMIT BE OBTAINED FOR THE BUILDING AS
IT IS MINOR & DESIRABLE IN NATURE AND CONFORMS TO THE OFFICIAL PLAN
AND ZONING BY-LAW.
DATE OF DECISION: April 20, 2006
LAST DAY OF APPEAL: May 10,2006
643
~n
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT:
OWNER:
GRAHAM TAYLOR
GRAHAM TAYLOR
PROPERTY LOCATION: 3030 RUNDLE ROAD, DARLINGTON
PART LOT 233, CONCESSION
FORMER TOWN(SHIP) OF DARLINGTON
FILE NO.: A2006-0011
PURPOSE:
TO PERMIT THE CONSTRUCTION OF AN ACCESSORY BUILDING BY INCREASING
THE MAXIMUM LOT COVERAGE FROM 40% TO 43% OF THE MAIN BUILDING. .
DECISION OF COMMITTEE:
TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF AN ACCESSORY
BlDG BY INCREASING THE MAX lOT COVERAGE FROM 40% TO 4,3% OF THE MAIN
BlDG 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 A BlDG PERMIT IS REQUIRED PRIOR TO CONSTRUCTION
2. THAT APPROVAL IS REQUIRED FROM C.l.O.C.
3. THAT NO ADDITIONAL ENTRANCE TO THE PROPERTY BE PERMITTED FOR THE USE
OF THIS ACCESSORY BLDG.
4. THAT THE EXISTING ACCESSORY BlDG BE REMOVED PRIOR TO CONSTRUCTION
DATE OF DECISION: April 20, 2006
LAST DAY OF APPEAL: May 10, 2006
644
CJig.n
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT:
OWNER:
APRIL WHITE
PHILIP COE
PROPERTY LOCATION:
2640 SOLlNA ROAD, DARLINGTON
PART LOT 252, CONCESSION
FORMER TOWN(SHIP) OF DARLINGTON
A2006-0012
FILE NO.:
PURPOSE:
TO PERMIT THE CONSTRUCTION OF AN ACCESSORY BUILDING BY INCREASING
THE MAXIMUM LOT COVERAGE FROM 40% TO 47% OF THE MAIN BUILDING.
DECISION OF COMMITTEE:
DECISION: TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF AN
ACCESSORY BUilDING BY INCREASING THE lOT COVERAGE FROM 40% TO 47.% OF
THE MAIN BUilD GIN AS IT'S MINOR AND DESIRABLE IN NATURE AND CONFORMS TO
THE OFFICIAL PLAN AND ZONING BY-LAW SUBJECT TO THE FOllOWING
CONDITIONS:
1. THAT THE INTERNAL DRIVE MAINTAIN A 1.2 METRE SETBACK FROM THE
PROPERTY LINE
2. THAT ANY MODIFICATIONS TO THE ACCESS RECEIVED APPROVAL FROM
ENGINEERING SERVICES AND OPERATIONS DEPARTMENT PRIOR TO
CONSTRUCTION
3. THAT THE EXISTING ACCESSORY BUILDING BE REMOVED WITHIN 6 MONTHS
OF THE ISSUANCE OF A BUilDING PERMIT.
DATE OF DECISION:
LAST DAY OF APPEAL:
April 20,2006
May 10, 2006
645
CLBJil]glon
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT:
OWNER:
JAMES D. TAYLOR
JAMES D. TAYLOR
PROPERTY LOCATION:
3006 PROVIDENCE ROAD, DARLINGTON
PART LOT 53, CONCESSION
FORMER TOWN(SHIP) OF DARLINGTON
A2006-0013
FILE NO.:
PURPOSE:
TO PERMIT THE CONSTRUCTION OF AN ACCESSORY BUILDING BY INCREASING
THE MAXIMUM LOT COVERAGE FROM 40% TO 50% OF THE MAIN BUILDING.
DECISION OF COMMITTEE:
TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF AN ACCESSORY
BUilDING BY INCREASING THE MAXIMUM FROM 40% TO 50% OF THE MAIN BUilDING
SUBJECT TO THE CONDITION THAT THE EXISTING SHED IS REMOVED AND NO
ADDITIONAL ACCESSORIES BE PERMITTED AS IT IS MINOR AND DESIRABLE IN
NATURE AND CONFORMS TO THE OFFICIAL PLAN AND ZONING BY-LAW.
DATE OF DECISION: April 20, 2006
LAST DAY OF APPEAL: May 10, ~006
646
Cl!J!ilJglOn
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, May 8,2006
Report #: PSD-056-06
File #: ZBA 2005-0060
By-law #:
Subject:
APPLICATION FOR REMOVAL OF HOLDING
OWNER: 941807 ONTARIO LIMITED
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-056-06 be received;
2. THAT Staff be authorized to appear at the Ontario Municipal Board in opposition to the
appeal by 941807 Ontario Limited for Removal of Holding symbol;
3. THAT Staff be authorized, forthwith, to undertake a rezoning of the lands fronting on the
south side of South Service Road, east of Ontario Power Generation, west of the Fifth
Wheel Truck Stop, and north of the CN Rail line, as shown on Attachment 4; and
4. 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:
David . Crome, M.C.I.P., R.P.P.
Director of Planning Services
Reviewed by: 0 ~~~
Franklin Wu,
Chief Administrative Officer
CP/DJC/sh/df
May 2, 2006
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
647
REPORT NO.: PSD-056-06
PAGE 2
1.0 APPLICATION DEl AILS
1.1 Applicant: 941807 Ontario Limited
1.2 Owner: 941807 Ontario Limited
1.3 Location: 2347 South Service Road, Bowmanville, Part Lot 17, Broken Front
Concession, former Township of Darlington (Attachment 1)
1.4 Rezoning: Removal of "Holding (H)" symbol from "Holding - Light Industrial ((H) M1)"
to "Light Industrial (M1)".
2.0 BACKGROUND
2.1 On March 6, 2006, General Purpose and Administration Committee considered a
Planning Staff report PSD-028-06 recommending denial of the referenced application
for removal of holding (Attachment 2). Committee recommended referring the matter
back to staff and for staff to meet with Mr. Hasiuk and identify potential alternative sites
for his proposed 'Transport Service Establishment for the repair and maintenance of
trailers' and any possible site plan mitigation for the existing site.
2.2 After several attempts at finding a suitable date and time, a meeting was finally set for
Thursday April 27, 2006. At Mr. Hasiuk's request, in advance of the meeting staff
forwarded four (4) properties that were identified as potential alternative sites.
. 2.3 On 'April 26, 2006 Planning staff received a copy of an appeal filed by Virginia McLean
of Willms & Shier, on behalf of 941807 Ontario Limited to the Ontario Municipal Board.
The appeal was filed based on "Council's refusal or neglect to make a decision on the
application within 120 days" (Attachment 3). The morning of April 27, 2006, Mr Hasiuk
sent an email advising he was cancelling the meeting with staff. He further advised that
one property was sold and the other three (3) properties are zoned M2, which is not a
requirement of their business. Furthermore, the three (3) properties were inspected
prior to purchasing 2347 South Service Road and were found to be unacceptable to
their operation. There was no interest expressed in re-scheduling the meeting.
3.0 REZONING APPLlCA liON FOR REMOVAL OF HOLDING
3.1 Together with the majority of the lands on the south side of South Service Road, east of
OPG to Waverly Road, are designated either "Light Industrial", or "Environmental
Protection Area" in the Clarington Official Plan. The predominant use of lands in Light
Industrial designation is for manufacturing, assembling, processing, fabricating,
repairing, research and development and warehousing. The applicant's proposed use
of a "Transport Service Establishment for the repair and maintenance of trailers" is not
permitted within the Light Industrial designation.
648
REPORT NO.: PSD-056-06
PAGE 3
3.2 The General Industrial designation allows a broader of range of uses including storage,
repair and servicing operations. In addition, the policies of this designation specifically
permit "truck terminals, including the repair, storage and sale of commercial transport
vehicles". These uses are to have a close connection to an arterial road but not occupy
high visibility sites adjacent to freeways or major entranceways to urban areas.
3.3 The Clarington Official Plan determines where different types of industrial uses should
locate. Generally, within view of Freeways and Arterial roads, only prestige employment
and light industrial uses are permitted. Heavier industrial uses and uses that require
outdoor storage are typically designated on the interior of the employment area
designation in locations that are usually screened by the lighter industrial uses. The
property at 2347 South Service Road is within view of Highway 401 and has been
designated for light industrial use only. The operation proposed by 941807 Ontario Ltd.
does not conform to the policies of the Official Plan.
3.4 In consideration of the existing designation and Official Plan policies it is recommended
that the application for removal of the "Holding (H)" symbol not be supported and that
Committee and Council authorize staff to appear at the OMS in opposition to the
appeal.
4.0 ZONING UPDATE FOR LANDS BETWEEN OPG AND FIFTH WHEEL
4.1 The majority of the lands fronting on the south side of the South Service Road between
Waverly Road to the east and OPG are designated Light Industrial in the Clarington
Official Plan. There are various zones on these lands including from Agricultural (A),
Light Industrial (M1), Holding Light Industrial ((H)M1), Holding General Industrial
((H)M2) and Environmental Protection. Not all the uses permitted in these zones are
consistent with the intent of the Light Industrial designation in the Official Plan.
4.2 The Municipality recently completed a review of the lands south of the Highway 401
east of Courtice Road and west of OPG as part of the Energy Park. Both an Official
Plan Amendment and Zoning Amendment were approved with the goal of creating a
high quality frontage for a successful energy-related employment area.
As noted in PSD-028-06, 941807 Ontario Ltd. has or is acquiring a 6.8 ha (16.7 acre)
site adjacent to the subject lands. In combination with the subject parcel the two sites
would comprise approximately 400 metres (1,300 feet) of frontage on Highway 401.
4.3 In light of the issues raised by this application, and in consideration of the work done
with the Energy Park, west of OPG; the high visibility from Highway 401 of the lands on
the south side of South Service Road between OPG and Waverly; and the proximity of
these lands to both OPG and the Energy Park, it is recommended that staff be
authorized to undertake a rezoning of the lands between OPG and the Fifth Wheel
Truck Stop (Attachment 4) to bring the zoning into conformity with the policies of the
Official Plan.
649
REPORT NO.: PSD-056-06
PAGE 4
5.0 RECOMMENDA liON
5.1 In consideration of the comments noted above, the following is recommended:
· that staff be authorized to appear at OMB in opposition to the rezoning
application for the removal of holding; and
· that staff be authorized to commence a zoning by-law amendment to rezone
the lands located south of South Service Road, between OPG and Fifth
Wheel Truck Stop in conformity with the policies of the Clarington Official
Plan.
5.2 Since this is a legal matter, any questions should be addressed during the in-camera
portion of the meeting.
5.3 We will be reporting subsequently on the related site plan application.
Attachments:
Attachment 1 - Key Map
Attachment 2 - PSD-028-06
Attachment 3 - Hasiuk appeal
Attachment 4 - Area of proposed rezoning
Interested parties to be notified of Council and Committee's decision:
Gerald Hasiuk
M. Virginia MacLean, a.c.
650
Attachment 1
To Report PSD-056-06
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Attachment ~
To Report PSD-056-0E
. QWil!glOn
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATioN COMMITTEE
, Date:
Monday, March 27, 2006 ,
Report #: PSD-028-06
File #: ZBA 2005-0060
By-law #:
Subject:
APPLICATION FOR REMOVAL OF HOLDING
OWNER: 941807 ONTARIO LIMITED
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee ,
recommend to Council the fOllowing: ' "
1. THAT Report PSD-028-06 be received;
2. THAT the application submitted by the owner 941807 Ontario Limited to remove the
Holding (H) symbol be DENIED; and '
, .
3. THAT all interested parties listed in this' report, any delegations and the ,Regional '
Ml!nicipality of Durham Planning Departmentbe advi~ of Council's decision.
Rev~d by:G
Franklin Wu,
Chief Administrative OffiCer
, SAlCPIDJC/df
. 1 March 2006
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T {905)623-3379 F (905)623-0830
6*5'
REPORT NO.: PSD-028-06
PAGE 2
1.0 APPLICATION DETAILS
1 . 1 Applicant: Willms & Shier Environmental Lawyers LLP
1 .2 Owner: 941807 qntario Limited (Gerald Hasiuk)
1.3 Location: 2347 South Service Road, Bowmanville, Part Lot 17, Broken Front
Concession, former Township of Darlington (Attachment 1)
1.4 Rezoning: Removal of "Holding (H)" symbol from "Holding - Light Industrial ((H)M1)"
to light Industrial (M1)". '
1.5 Area:
7,870 square metres
2.0 BACKGROUND
2.1 On December 13, 2005, staff received a request from Gerald Hasiuk of 941807 Ontario
limited for the removal of the Holding (H) symbol from the subject lands. Concurrently,
an application for site plan approval was also submitted (SPA2005-0044). The
applicant requested approval to establish a minor repair and service establishment for
trailers from commercial motor vehicles.'
2.2 The applicant's parcel is 0.78 ha (1.94 acres). In addition, we are advised that the
applicant is acquiring the adjacent parcel to the west of the subject lands to establish a
total site area of 6.8 ha (16.7 acres). There are no proposed uses for the additional
lands and separate applications will be required for any proposed use.
3.0 SITE CHARACTERISTICS AND SURROUNDING USES
3.1 Currently 2374 South Service Road has a dwelling which the applicant has advised is
vacant. The land is generally flat sloping from north to south.
3.2 Surrounding Uses:
North:
South:
East:
West:
Highway 401
Hydro corridor
Self Storage Units ,
Vacant - zoned (Holding) Light Industrial ((H)M1) and
Environmental Protection (EP)
4.0 PROVINCIAL POLICIES
4.1 The Provincial Policy Statement states that a municipality shall provide lands for an
appropriate mix and range of employment to meet long-term needs. All new
653
REPORT NO.: PSD-028-06
PAGE 3
development should occur adjacent to the existing built-up areas. The application is in
conformity with the Provincial Policy Statement.
5.0 OFFICIAL PLAN POLICIES
5.1 The lands are designated "Employment Area" in the Durham Region Official Plan. The
predominant use of lands in the Employment Area designation is for a variety of uses
including manufacturing, assembly and processing of goods, serv.ice industries,
research and development facilities, warehousing, business parks, limited personal
services uses, hotels, storage of goods and materials, retail warehouses, freight transfer
and transportation facilities.
a} services and municipal works;
b) measures to protect natural areas;
c) measures to mitigate the impact of development;
d) submission of technical studies;
e) in a Waste Disposal Assessment Area, the matters referred to in Sections
4.6.9 to 4.6.12; ,
f) execution of appropriate agreements; and/or
g) any other requirements as may be deemed necessary by Council including
the implementation of the policies of this Plan.
The application does not conform with the Official Plan policies.
654
PAGE 4
REPORT NO.: PSD-028-06
6.0 ZONING BY-LAW
6.1 'The subject lands are currently zoned "Holding - light Industrial ((H)M1) Zone". The
applicant has requested to develop this property for repair and servicing of trailers for
commercial motor vehicles and outdoor storage. The M1 zoned lands permit, among
other uses "a transport service establishment".
6.2 Where the zoning of a property is preceded by the letter "H" the use of the lands shall
be limited to existing residential uses and conservation, forestry and farm uses
exclusive of a livestock operation. Hence the need for the removal of holding
application.
7.0 COMMENTS
7.1 Discussion regarding this property began in the fall of 2004 when Central Lake Ontario
Conservation sent notice to the applicant (Hasiuk) regarding the illegal placement of fill
on the property at 2347 South Service Road. By-law Enforcement received a complaint
in March 2005 regarding the use of this pr~erty for outside storage of trailers. Charges
were laid against Mr. Hasiuk on May 2 , 2005. The charges were for the outside
storage of trailers on the property. The court determined that the equipment stored on
the property were "containers" and not '''trailers'' as defined in the Zoning By-law.
Because the charges were specific to outside storage of trailers the court dismissed the
charges. The Zoning By-law does not define containers or specifically identify the
storage of them as a permitted use.
7.2 Through meetings, phone discussions and letters during the summer of 2005 Mr.
Hasiuk was informed that.his proposed use on the property met neither the Official Plan
nor the Zoning By-law. Staff sent excerpts ofthe Official Plan and Zoning By-law to the
applicant's lawyer. These excerpts were sent again with staff's letter dated January 6,
2006 following receipt of his formal application for removal of the holding symbol and
site plan approval.
7.3 The Clarington Official Plan contains provisions regarding the removal of holding.' As
noted in Section 5 of this report, the holding provisions are there to assist Council in
achieving its specific planning objectives and to ensure that any development proceeds
in accordance'with the policies of the Official Plan.
7.4 The Clarington Official Plan provides three industrial, designations to determine where
different types of industrial uses should be located. Typically the General Industrial
designation includes heavier industrial uses and uses that often require outside storage.
Heavy Industrial uses are typically located so they are screened by the lighter industrial
uses. The property at 2347 South Service Road is within view of Highway 401 and has
been designated for light industrial use only.
7.5 The policies of the General 'Industrial designation specifically identify ''truck terminals,
including the repair, storage and sale of commercial transport vehicles, shall be located
within the General Industrial Areas having direct access or close connection to an
655
REPORT NO.: PSD-028-06
PAGE 5
arterial road but not occupying high visibility sites adjacent to freeways or major
entranceways to urban areas." The policies of this section are more reflective of the
use proposed and the site is very visible from Hwy. 401. Hence, staff do not believe the
use is permitted in the Light Industrial designation.
7.6 The applicant is of the opinion that his proposed use is a Light Industrial use, as the
word "repairing" is listed in the Light Industrial designation. However theClarington
Official Plan must be read in its entirety and no word may be taken out of context; as
such the Official Plan provision in the General Industrial designation is more reflective of
the proposed use.
7.7 The applicant was informed, in writing on January 6, 2006, that the application for
storage and repair and servicing operations did not conform to the Clarington OffICial
Plan. Staff could not recommend approval for the removal of the holding symbol unless
an application for official plan amendment is submitted and given favourable
consideration. Both by letter and phone, staff discussed the option of applying for an
Official Plan amendment or t~ withdraw the applications for site plan approval and
removal of holding with a full refund. The applicant chose to let the applications stand
and let Clarington Council and/or the Ontario Municipal Board make the decision.
7.8 Based on the history of the property with Mr. Hasiuk, 'the current Official Plan
designation and policies, staff, would recommend denial of the of this removal of holding
application. '
8.0 RECOMMENDATION
8.1 In consideration of the comments noted above, DENIAL of the removal of the "Holding
(H)" symbol is recommended.
Attachments:
Attachment 1 - Key Map
Interested parties to be notified of Council and Committee's decision:
Gerald' Hasiuk
.M. Virginia MacLean, a.c.
656
Attachment 1
To Report PSD-028-06
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To Report PSD-056-C
~_. -... --
l'J WILLMS
G! &SHIER
ENVUONM ENTAL LAWYERS UP
\ 4 KIng Street West. Suite 900
Turonto. 'Ontario. Canada MSH 186
Tel 416 863 071\ fax 416 863 1938
www.wUlmiShiet.com
Direct Dial; (416) 862-4848
File; 4617
Faxed to: 1 (905) 623~506
Apri12I.2006
Town .of Clarington
Clerk's Department.
40 Temperance Street
Bo~vine>>Onuuio
LIC 3A6
Attention: Ms. Patti Barrie, Clerk
Dear Ms. Barrie:
Re: Appeal by 941807 Ontario Limited uDder SI 36(3) of the Planninr Act, ReS.O. .
1990, e. C P13 respecting a holding by-law of the TOWD of ClarillgtoD
.
We are the solicitors for 941807 Ontario Limited.
We are enclosing herewith the following materials relatiD& to an appeal to the Ontario'
Municipal Board under ss 36(3) of the Planning Ac~
1 . Our letter to the Ontario Municipal Board constituting the Notice of Appeal; and
2 A check list of documents prepared by M. Virginia MacLean, Q.C. and the
documents referenced to the check list
Yours truly,
.~an.Q.C,
Encls.
Documenl .: 1690]
658
III 1\ L. J c...uuu 1'1\.1 ! Co' Co 1 r II 1'111..1..11,,) Ct. ,.)n J1=.~
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rH^ NU. q}O ~O~ l~~H
P. 03
lY WIllMS
~ &SHIER
4 ICIng strut West. SUite 900
TClracate, OntIrIo. canada M5H 186
Till 416863 0711 fall 411 863 1938
ENVIRONMENTAL LAWYERS LlP
, www.wlLbnsshitlr.colll
Direct Dial: (-416) 862-4848
FRe: '4617
DELIVERED BY COURIER
April 21, 2006
Ontario Municipal Board
655 Bay Street
Suite 1500
Toronto, Ontario
MSG lES
Attention: Mr. Patrick Hennesv. Board Secretaly
Dear S.ir:
Re: Appeal by 941807 Ontario Limited uDder IS 36(3) of the Planning Act, as.o.
1990, e. C P13 respecting an amendment to the Town of Clarinpon By-Law
84-63 to lift the holding "II" symbol
We are the solicitors for 941807 Ontario Limited. Our client owns land at 2347 South
Service Road, Clarington which is zoned Holding-Light Industrial ((H) MI).
On December 13, 2005, our client submitted an application to the Clerk of the Town of
. Clarington to amend the by-law to lift the "H". The council has neglected to make a
decision thereon within 120 days after receipt by the Clerk of the application. Therefore,
on behalf of our client, we are filing an appeal. Please consider this letter a notice of .
appeal under ss 36(3) of the Planning Act.
In support of this appeal, we attach the fonn provided by the Board for Appeals under
section 34(11) of the Planning Act, modified to comply with Section 36 attachments.
The fee in the amount of$12S.00 payable to the. Minister of Finance is attached.
Attached to the fonn is a copy ofthc Affidavit of Gerry HashJk. President of941807
Ontario Limited. The application to lift the H is Exhibit" I" to that affidavit. We will
forward you the original signed copy ofthc affidavit-as soon lIS it is available. .
Extracts from the Ml zone provisions are attached. If the H symbol is lifted, these are
the permitted uses under the zoning by-law.
659
Mr~-~!-~UUO r~l lL;Ll ~n WiLLM~ & SHIER
FAX NO. 416 863 1938
IJJ
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If you require further infonnation, we look forward to hearing from you.
Yours troly,
~M~V' ''M LeanQC
. nguua DC ,..
Encls.
cc: Mr. Gerry Hasiuk - Hasiuk Trailers
Document *: 16800
PrivOeged and Confidential
p, 04
Pap2ot2
660
nrl\-/::l-/::UUO r/u 1~;~1 rn WILLn::; ~ ::iHll:.t<
FAX NO. 416 863 1938
~ Ontario Mlridpel Board .
Comml&slcn des affalres mu~ de rOntar1o
655 Bay Street. SUite 1500
, T~o,OnM5G1E5 ' ,
Tel: (416 32806800
On FAX: (41~ 326-5310
www.cmb.~.Dn,08
APPEALS RELATED TO COUNCIL'S REFUSAL TO AMEND A ZONING BY-LAW
P. 05
'-4alerial to be forwarded tD the Ontario MUnicipal Board by the appllcant under the foll.;)wing .ubMctlon of
.1he Planp;ne Act. RoS.O. 1810, Go P. 13, a. amend":
....::1 ~'3~. 1.10'
~Appeal by applicant frOm Council'. refunl or failure k>> make a dKiaion wlthln""'day. of 1M date the
, appUClltion
MlI'Iicipallty: -roW," Of ClAll.tll)U nfll =~~: ,
NamsotAppeIlafi: q'i J f'Y. nnht"/F'J ~(.tf;:J Phone No.: 1- ~O 3(pI :J 22r
MaillngAddr8s1 poD.!!>",,! 7'1C'J. rtJ/htJrhfL Or! J(()( I SU E-MlIiI /J/~
NamedL8W)WorAQert m. ,tA(;rN/~ InAc.L/iAtJ G-l. PhoneNo.:/ '-I I") 8"6, 2 'I t ,/1
AddI8:ss: ' LJ kI /IJ a Sr ' W ~ -rtJ t2..e, AlTO /11 S H I A (.;.
E-MaIl: l)fYl4ll.fQ~l.\eLVltltU.!l ~ /4'1' ' 'CD hi
S1gnQture of AppeIlent:
Dale. '
~8ll1tad matt....
If yes, PIeaM nate;
. Official PIwI Arneoctnent: YeC:l No ~ OMB Fl. No.;
. PWl of SubcIvIelon YeO No tx! OMS File No.:
. Appllcalion tor Consent YeO No.J::8:f OMS File No.:
. other: Please Ildvlse of 8l'lY reIaIed appllca1lons and thlif ~ ..
The following materill mU8t be attach.c1 tD thIlI form ....... eppRC8ble: .
1. NotIoe of appeld wIIh .....
2. A copy of the application to eouncu for a zoning by-I8w 1I"*ldrner<<. P\efIse 8flIlI1t the dale the ~
W88li1ed w1th the MunIcIp&lilY 18 .tIown an the application.
A copy of CounoiI'. refUsIII or an alliCllMl Of deClaration ~y swom certifying thld CamcII19fu1ed <<
negIecled to make . dedsICn an the appIcdon ~d8ya.
, ~(J ( ~
COpy db proposed amending by-laWthat~ seek10Mve ccMmcD enacL. ty'/Sh~ ~;!;j.t##\JJ
An uplBnatory note which InCludes 11'I8 exlstlng zoning category, the deSlredzcOng categCII'y, the
purpose of ~ deHed zoning by.IaW change, a description and/or meP d the I8nds W1der appea /) /,(,.
AttQch II copy of arrt reIeVal'i p1annkla ~ I' .
An Incbllon of the confotmlty of i..praposed by-law With all applicable ofIIcI8I plan provislanI. ~ / A...
EnclOse a capy of the M\lnIcIpality's pIannInQ staff report Ir OM Is IIYlIIIabIe. / ·
AffidaVIt or sworn decl8rltlon certlfyIrlg th8t copies of all material Usted In p81aQ1aph1 1 to 8 aboY. has
been sent to the cIeItt of the municlpelity haVing )urlsdlctlon to pau the ~ and that the c181ic h8s
~ Inbmed of the filing of ttis appeel. In addition, the anldavlt mUlt prcMde It\8t the ~ of
subsectlon S4 <10.3) or the PlannlnQ Act hIM beenmat I.e. U'lli prMCrIbed infonnatian WId I1lIIl8l18I noted
in O. RegUaIIon 199/88,,. amended, and any fM Lnder section 69 have bMn pIOVkIed.to CClUUllI, 8Ild
that !he eppeaI" belng IIIed at IeIst 90 dB~ der the NlfiHmer<< of !he NqUlrements noted 1hemIn.
BoaR! fee of $125. rnada payable to the MInI.. of Finance of Onl8r1o. The eppeIIl w111'lC11 be prClCllSIed
~!tis.... '
Munlclpm File No.:
Munlclpld Ftle No.:
t.4~ File No.:
3.
4.
s.
e.
7.
8.
In order for the BoanI'to _mete the IengCh of Ihe heaI1ng, we need to know:
. Hu 8 pLmUc meeting been hDId 'tJ)I the n11\1Clpa!ity? If yes, pIeQSe prcHldo II copy or the NoUce of Public MeetIng.
. The number 8~ _ of .pertise of IlnY expert wltneH8ll you intend to call,. 8~.
I ,., ./.I!. n Mr
{
. Particlpallon of organized, non-r.presented rat8paytn:
Name, addRlSS and phone No. of represer<<el/Ye, If knoYm
YES ,NO )t..
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AttaGMd
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C2f
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NOTE: Pltia.. note In your aLlbmluion If you h81 thia cat. would bane fit from a preh..r1ng ClI' te.ephone oon'er9ne.
prDC*lur.ll1l8eling, or'f the cas. ia . good c:andldllt. for meclilltlon. Include .~ InfonMllon/partlc:ulera you think the
Board .h~1cI be lIWare of. '
Please me. the =mpIetecl foIm Md all8Chments to the Onl8rio M~ Board at the Ilddress noted above.
661
nrl\-C.l'-c..uuu rru 1':::'':::1 rn WILLr~ llt ::>Hlt.1<
FAX NO. 416 863 1938
P. 06
APR 17, 2006 10: 20. HASIUK TRAILERS
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FAX NO. 41B 863 1938
_page 2
P. 02
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IN MATTEa OF: IA Appl~on 10 tbe Tawn of Clarington for an amc~ent to
rem iYC ~ holdin! symbol and 1 ~ to tho Onllrio Municipal DOlII'd ~
S toD 36(3) otthc P1QIIIII. 61
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4I'FID~VIT OF GERRY RASIUK
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I, G RRY 8ASJUK, ofrM To~ ofColbome, 1ft 1he Cowdy Q(Northbumbedand.
MA OATH AND SAY AS PD,~LOW$!
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1M me Preside. of~ 1807 QDcario UnUled.
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2 n Dcocmbu 13,2005. lsubniilte4 to the Clerk oftbe Town ofClaringtan, an
. pplicatioa to remove 1M hcJ4ina by-law from laM owned by 941807 Ontario
imi~d located " 2~47 SolUtliServlcc Road, C~n together with the required
in che amount of S!08 .24; ~ow shown to me and marked as ~hibit "1" to this
y Afild~t is . coW -of the :4pplicl!tion. Now shown to lJIe and ~cd IS Bxb1blt
'2" to dill my Affidavl~ i8 a Qqp1 afa\Y cheq~ in tho amount of $508.25 top1bct
'da a~)' of a receipt ftoml~o ToWft of ClariilgtOn tor p'ymcnt. .
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3 Much "7,2006, the O~ f'wpose oftbo Adminil'll'lUon Committee ofUlo
own of Clarington counei~. nsidcrcd a. repon from David Cramo, Director of
lannlng Services. on the A' ication to removo the boldill8 by-Jaw. Now shoMl to
an4 madted as Exhibi1 to IhiI tRY AffidaYh is a coP>' ~tme R.eptln ofDt.vi4
rams dated M~ 27, 20Q6.:' .
. ,
. i
4 n March 27t 2006,1ba Gc~ Purpose and A<bnlnistn~D Camlllineo ~. .
Jutioll GPA - J 39..06 th$1~ PWuUns Report be rcfemd to sta1f to colUider site
Itemanvea I,Dd site plan aptl.ns and to repon back to oounoU Wllhin one (1) mcmth.
ow IDown to me and marbi II Mibit "4" to 1hiI my Affidavit is a copy of &
oludDll OPA 139-06. I'
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S Councilal its meeting on A~l 3, 2006. edopte4 the Rcpoyt ADd R.ecommendatioQ of
the GCJ>>faJ Purpoac an4 Admini"ra~ Committee.
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FAX NO. 416 863 1938
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APR 17,2006 lO:24A RASIUK'TRAILERS 9053551594
APR-13-2006 U 03=30 pn W1LUtS & SHIER FAX NO, 4\6 883 1938
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of the daw of this my Aftl4,,^'" eo~il ottbc T?WI1 otClarinsto~ l\a.I ~ liftod .
c holcQng b)'-Jt~w Dor havo tJt;r pubUshcd any notice ofme!r intml&l()l1lO lift die by~
1 w u require<! in tbeif rcgulall~ wu1cr the PlIIMinI Aa.
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'a, Aftidavit is in support 0= appeal under Sul>.~&:tion 36(3) ahbe, Pla""S~ Ac/
. 15 for no ocba' reason Of , roper purpDII.
page 3
P. 03
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) GERRY HAS .
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JOHN D. \.rAAFtOLL :!
BARRlBTER.. SOLIQ'f'OA :.
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To Report PSO-Q5&-06
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REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION
Date: Monday, May 8,2006
Report #: PSD-057 -06
File #: RE 16.15
By-law #:
Subject:
SALE OF SURPLUS PROPERTY AND ROAD ALLOWANCE ON BRADSHAW
STREET, BOWMANVILLE TO DEVON DOWNS DEVELOPMENT LIMITED
(THE FOLEY GROUP)
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-057 -06 be received;
2. THAT a by-law be passed to authorize the Mayor and the Clerk, on behalf of the
Municipality, to execute the agreement for the sale of the portions identified on
Attachment 1 to Devon Downs Development Limited (the Foley Group)for $67,000;
3. THAT the proceeds from the sale of the surplus property be deposited into the
Municipal Acquisition of Real Property Reserve Account; and
4. THAT staff and the Municipal solicitor be authorized to take all necessary actions to
complete the transactions.
Submitted by:
O'~..-I ~
Reviewed by:' ) tA..J ~
avi . Crome, M.C.I.P., R.P.P. Franklin Wu,
Director of Planning S ces Chief Administrative Officer
Tony Cannella, C.E.T.
Director of Engineering Services
FUDJC/df
28 April 2006
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
665
REPORT NO.: PSD-057-06
PAGE 2
1.0 BACKGROUND
1.1 By-law 95-022, being a by-law to establish procedures governing the sale of real
property, states that from time to time the Director of Planning Services may:
· identify real property that should be declared surplus;
· report to Council recommending that Council declare the particular real property
to be surplus property and set out the reason why it should be declared to be
surplus property; and
· advise that at least one appraisal of the fair market value of the real property
should be obtained before Council decides to sell or exchange or transfer the
real property, unless an appraisal is not required under the Municipal Act.
1.2 The property is identified on Attachment 1 is a 3.92 metre wide strip of land ~djacent to
62 Bradshaw Street in Bowmanville. The parcel was owned by Schickedanz Bros.
Limited and was donated to the Municipality in 2004 in exchange for a receipt for tax
purposes. The donation was accepted through Council's approval of Planning Services
Report PSD-107-04. Immediately north of the site was an unopened road allowance
known as Winnstanley Street. The western portion of the road allowance was closed
and conveyed to Schickedanz. Bros. Limited through By-law 89-67 so that they could
complete the subdivision development of 10M-829 on the east side of Mann Street.
The eastern portion of the road allowance remained in Municipal ownership.
1.3 In order for the Municipality to accept a donation of a gift of land in exchange for a
charitable receipt the value placed on the land must be justified by a property appraisal
unless an appraisal is not required under the Municipal Act. This property is 3.92
metres wide by 50.9 metres deep. As indicated through Report PSD-111-04, the
estimated value of this site was $5,985. The value of this property as a small strip is
limited as it can only be developed in conjunction with the unopened road allowance to
the north.
1.4 The Engineering Services Department have closed the Winnstanley Street road
allowance and declared it surplus, By-Laws 2006-017 (attachment 2) and 2006-018.
They requested that the strip of land acquired from Schickedanz Bros. Limited be
declared surplus so that it can be purchased in conjunction with the road allowance.
The strip has been added to the road allowance resulting in a lot with a frontage of
16.11 metres. Municipal services are already in place along Bradshaw Street to
accommodate the strip and the road allowance to develop in sequence.
1.5 The lands are designated residential in the Clarington Official Plan and zoned (H)R2-17
in the Municipality's Zoning By-law. In June 2005, Council by approving Report PSD-
091-05 and By-law 2005-131 (Attachment 3) declared the Schickedanz donated lands
properties as surplus.
1.6 The Municipality has two options to sell lands declared surplus, by tender or to the
adjacent owner. In this case, the adjacent owner has assisted in the rezoning, planning
and construction of servicing for this lot. In addition, there is a significant grade change
666
REPORT NO.: PsO-057-06
PAGE 3
across the property that can be addressed in a more suitable manner if one owner has
control of the entire frontage; otherwise a retaining wall would be required.
1.7 An appraisal for the Municipality was conducted for the 16.11 metre lot as a building lot
in April, 2006. The estimated fair market value of the lot is $88,000 subject to the front
ending charges that are to be paid, totaling $19,087.33.
1.8 Staff have been in discussion with Mark Foley of Devon Downs Development Limit~~
the owner of the remainder of the Bradshaw Street frontage that will be developed in the
near future. Staff are recommending that Council accept the offer to purchase from
Devon Downs Development Limited, the adjacent owner for $67,000 (Attachment 4).
The proceeds of the sale would be deposited in the Municipal Acquisition Reserve
Account to be utilized for future purchases.
1.9 The Director of Engineering Services concurs with the sale of the road allowance and
donated lands to the adjacent land owner, Devon Downs Development Limited.
1.10 The public notice of the sale of this property was advertised in The Canadian Statesman
on May 3rd, 2006 (Attachment 5) and will be again on May 10th, 2006. As of the writing
of this report no objections have been received.
2.0 CONCLUSION
2.1 The lands recommended for sale have been declared surplus and are not required for
Municipal purposes.
2.2 The purchaser has agreed to the terms and conditions of the sale and are willing to pay
$67,000 deemed to be the fair market value after reductions for front-ending charges
and all additional expenses. Staff recommend that the property be sold to Devon Downs
Development Limited, the abutting owner who is developing the majority of the frontage
of Bradshaw Street.
Attachments:
Attachment 1 - Part 3, 40R-19115, Part 23 and 40R-23873 on Bradshaw Street
Attachment 2 - Surplus Property By-law 2006-017
Attachment 3 - Surplus Property By-law 2005-131
Attachment 4 - Letter of agreement from purchaser
Attachment 5 - Notice of declaration and sale of surplus property
Attachment 6 - Sale of Surplus Property By-law
List of interested parties to be advised of Council's decision:
Mark Foley
Devon Downs Development Limited
667
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RE 16.15
668
Attacnment
To Report PSD-057-C
THE CORPORATION OF THE MUNICIPALITY OF CLARlNGTON
BY-LAW 2006-017
being a by-law to declare Parts 22 and 23 on Reference Plan 40R-23873 situated
in Lot 9, Concession 2, Fonner Town ofBowmanvil1e to be surplus.
Whereas the Council of the Municipality of Clarington at its meeting of June 20, 2005
approved the recommendations in Report EGD-19-0S;
NOW THEREFORE the Council of the COtpOration of the Municipality ofClarington
hereby enacts as follows:
I. That a portion of Winnstanley Street identified as Parts 22 and 23 on Reference
Plan 40R-23873 situated in Lot 9, Concession 2, Fonner Town ofBowmanvilIe is
hereby declared surplus.
By-law read a first and second time this 30th day of January 2006
By-law read a third time and finally passed this 30th day of January 2006
669
~
Attachmenl
To Report PSD-057-1
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2005- 131
being a by-law to declare the lands more particularly described as Part 3 on Plan 4OR-
19115, Part Lots 23 and 24, Plan H-500n, Part Lot 9, Concession 2, fanner Town of
Bowmanville, to be surplus
THE COUNCil OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
ENACTS AS FOllOWS:
1. The lands more particularly described as Part 3 on Plan 40R-19115, Part lots 23 and
24, Plan H-50077, Part lot 9,Concession 2, fanner Town of Bowmanville, as identified
on Schedule 1, are hereby declared surplus;
2. Schedule 1 attached hereto fonns part of this By-law.
BY-LAW read a first time this
2711I
day of
June
2005
BY-LAW read a second time this
27th
day of
June
2005
BY-lAW read a third time and finally passed this 2711I
day of
June
2005
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~ Winnstanley Street Road Allowance
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66 65
64 63
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Attachment 4
To Report PSD-057-06
HEAD OFFICE
319 COLLEGE A VENUE
P.O. BOX 11
OSHAWA, ONTARIO
LIB 7K8
TEL: (905)723-1191 Ed. 4
FAX (905) 571-5437
A PR1L 11, 2006
MANAGER.
DEVELOPMENT REVJEW BRANCH,
PLANNING SERVJCES DEPARTMENT,
MUNICIPALITY OF CLARJNGTON,
40 TEMPERANCE STREET.
BOWMANVILLE, ONTARIO.
L1C 3A6.
A TTENTJON: CARLO PELLARIN
BE: DEVELOPMENT AGREEMENT & PURCHASE OF LANDS OWNED BY THE MUNlCTPALITt.
OF CLARINGTON (J2.0M PARCEL); 80 & 94 BRADSHA.W STREET, BOWMAlV1/1LLI1
FILE NO.: ZBA-2005-lJJJ
FAXED TO 90$-623-0830 (2 PAGES)
Further to our letter of March 29,2006 and OUr conversation of April] 0,2006 with Isabelle Little, we have
been advised the subject lands have been appraised at $88,000 minus the outstanding development costs
applicable to the subject lands for a net value 0($69.000.
APPRAISED VALUE
$88,000.00
Recommended deductions tram the appraised value:
J.
2.
3.
Municipality ofClarington Front Ending Agreement
Region of Durham Sewer & Water Fees
Veridian Hydro Charges
$ 8,071.33
$ 8,016.00
,$ 3.000.00
$ 19.987.33 C,sl9.087.m
$68,912.67
$69,000.00
NET MARKeT VALUE
ROUNDED .TO
Isabelle Little has confirmed the Municipality wlll pay the cost oftl1e current appraisal and there will be no cash
in lieu payment required for the subject lands. She is also to verifY there is 0.. boulevard tree planting required.
Based on the foregoing, it is our submission there should be an additional reduction to the net value in the
amount of$2,OOO.00 for costs we have inculTed for rezoning, planning and engineering services provided on the
Municipality's behalf for the subject lands.
In this ~.rd, 'We bereby recommend 8 pnrchase and sale value ofS67,OOO to finaJize thil matter.
672
~qlll/~~~b l~:~~
'3055715437
FOLEV
PAGE 02
Please provide your comment~ or concurrence at your earliest opportunity. [fyou have any questions or requil'e
any clarific81ion. please contact our office without het:litation or delay. Thank you for your assistance and
continued co-operation.
cc: Tony Cannell/l. Clanngton Engineering Services, (905-623-9~~)/
cc: David Crome. Clarington Planning Services, (905-623-0830) V-
ec: Jsabelle Little, Clarington Planning Services, (905-623-0830)
cc: Bob Annaert, D. G. Biddle & Associates Limited, (905-576-9730)
cc: Michael Foley, Devon Downs Developments limited
673
Clarmf!ffin
Leadillg the lVay ~
MAYOR'S CDRNER
2006 REGIONAL BUDGET AS
IT PERTAINS TO PROVINCIAL
DOWNLOADED SERVICES
The 200& Regionlll Budget pnwilHllundlng
far PnMnciI.l 00wmI0adItd Servicn totaling
$77,1 milia" which it; an incrlUI of S:U
mIIiDn or 4A CWl' 2005. ThI 2001 et>
calion 101' PtOVinc* Dowl'lladed s.Mcea
_ ..r.,..;I compriI.. IlboU 20% oIlotal prop.rty tue.
IIAWJIIIJDMNIMIOII "I wi be coIect.d by tM Region in 2006.
The .inSIN .rgul compon.nl of .. Reoion', 2001 Provincill
OGwnloaded Budgel.the FWgion',.hare oIlhe PlOIinctI', biIingI
tof Soclll Auiltanc, and Social tiousing COllI acraa lhI GTA in-
ck.dng Toronto. Thl ~gion'. ..... IeIr 2001 wiI incre... by ap-
PIOX.,...'" 12.2 maicm owr 200Ii 10 111.1 m." ru'*Ing " .n
inclHl. in the 20011I AtigionalTu Rail of 0.7% waUl $13 lei, an
avttage ruidlnfial helM WlIuId alI2IO.000. DurhIlm',IIItlmaI-'
PflY'MnI tit 2006 01 $I'.' mIion it compriHd at '32... m~ tor
Social Aailtanc:1 and 121.2 mIion b &cciM HoUlIng purpoHL
WhIII Durham', cos1I at Soci.I ~ am $ot;~1 Hauling
..rvice.wiIhin Dumam 1ar20Q6 art ~ to be about Ihe ..me
.. the ItnounI hi Ourhlim ..,..1 ~ to the Pnwinc, undet 1M
eM"" 10 pooIlhul COl. KfOM .... GTA indudina TOfOnIo. IMr.
. conc;ern rtlat TalOnkI', Social AuiItanc, cu-.c& m., .acaIaI.
alld pIA Durham .. ritk 01 p~ . h.., IhaN of Toro,~o;. .
CNuing ....,. coeta.
~o.:.::::c:.:r:: =-: ..:r=.~
~owrlineofAfvlc.~Io~"'"
~~~,"'..~~....:...~..":.":':;
zooer.. Pftl'VinNI bdno'" not. '*' wit! '" colts OI..rvicu
.- bv ... "- """ .. Emorgonc, ........ Ru_, Fa-
=bfo.:='~T=:t:=~,SociII
A5 .d. PltIVlnCiaJ ~tnu contn.t ao qt'" minimunI ...net.
ara.lcu mand...d Ptovinci.I'.MceI.OfIIMlIhit "Ste.1lh 0awnI0ed-
ing-".w. municipaIiIiu: AdcIId with lddilion.1 C<*ta neceuary to
prwide .......... withouC IlddIIon.I Pn:Mnc:i111 funding.
~:C,=:'TAb~~~:'':C.'':
cWIng $1.3 mIion lor ... ~a1 PtcI"rty Ana.mlnI C0rpo-
ration, 53.1 mIIion far GO TranlillIftd 13.1 miIion IDr Iwther =*
_led 10 Social HouMng. Theu NcIIIiaMllIeml. when ~
witt Durham', ...... of the GTA Pacing c:o.II br Soc!.1 Au...
;=--: ~~ =:t, =.:=:- PnwincWOownIoad
. . IlMti un.c:cepIIIbIe .. the PnMno. 01 0nlarD to contftM tel
dcJwnIa.d-on Ita tMlcb oIiM propertylu p..,.r..
CAREERS
~~tf,.,a:=.~~;:.::~
......... cl.rlnatcn n.uhttlde.ve..,..,.. hIm'
.--,,--
CIIIlngIooNlle ~
--
-
CIIIlngIoo NIle ~
1JgM....-0,.-. ...........Ion _:
ar--u.r- Moya.5:OOPM
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~_S___.ON.
CIlC1lmClNNQ, 03l0W IUPl'LY _ _UCA1lON OF IlECAU,
lDGCII_lIRAMC8 A_ED_
IEHICI.D .....D ElllIHIEIlT AT
VA__l.lICA11ClNI.
CIaoo.gllootlllolo: =:;~Jlf,t~
Tho _ at.... P....... naI_'riIlI_Iod,
""- Lou AM _no CPP, AMCT
~~T
REQUEST FOR PROPOSAL
SEAlED IlEOUEST FOR PAOPOSAUI ~, """'" __ .. ..
-.......................--,-.....
~~~c:.;~tfc~:I-::
--.......--.
=~ot=.*T=:.=...*=.~.~
1lFP_7 R~FDIIP-.._(1IDNLYTANlEII
CIoolngllootlllolo:=,~~11IIEl
The IDweII 01 .,. prapoNI not nee....rty ecnpted.
Mo. Lou AM 81r..... C... AMCT
~:="&~T
TENDOR
=-~-:r.=:.~':,~=.:;
=m~~~'\:~,:::..s::~
ENVeLOPE _UIlIiIIlI _-..... _dol.,
T_-IIIIIt..__.....-..,OIlIco..40
T_-__.ON.
!ElIlEIlCUllOl-20 SUl'PL'IDElNEllYOf.....PEII_
CllI.DI8ll"_T
CIDtilgT...I_: =::.==
Tho _ or.... "--'''' ........,., .....IId,
.... Lou Ann 8irkd. CPP. AMCT
~'aa~'"
AnENTlON RESPONSIBLE PET OWNERS
OUR 2006 DOG AND CAT LICENCE
DOOR TO DOOR CAMPAIGN BEGINS MARCH 22NOl
en.clilt. Marc:h 22, 2006, Ca.ringllon dcg and cal Iicenc.. wi be
,old door 10 door by a ....s r.prel.nl,uive of Animal Lbncing S.rv-
le'l Inc. evlry ..... llpr"lntallW .h,n have th... munldp~..
aued ld.nlifcalton card promln.nUy dilplayld. Pay,....nl at your door
will b. acc.pt.d in the lorm 01 cuh or chlqul.
Thl C....lrlgton Animal Slrvlc.. 8y-l8w requn, that al dogI and
cat. b. lic.ns.d .ach yur. Rllponalblt p.l OWMr.hlp iI .ncour-
aVid with "duellons in 1t'I. lie.nel ,,, for nlUI.rl~payad, tab_
vaccine and microchippin;.
lic.nsing llYel'lUll ..sial us in PlO'Ilding the
IoIow6ng v."" I.IVre..:
. Easy ,.unlhng 01 dogs and caw 10 Ih.1f own.... .lht anImIII
iI w.arlng a current tag.
. Public .ducallon initialive, in IChools and Mlhin
Ih. community.
. TM "Idlng, ,hell.ring and sar. ke.plng of ImpOUndld or
Iurrandelld amlre".
. 0.. pel adoption Program.
B. lUll 10 prot.ct your p.1 by purchu~ your 2D01lclnc:e1
If you r.quir. any 'Ur1t1er inlorrnaliDn. pleu. conlIlcl our C....inglon
AnIrnal Shell". (8051123-7651.
Anne GrNnUe.. B.A.. A.M.C.l.
D.puty Clerk
PUBLIC NOTICE
Rupeeling Pan 23. PlIn 4OR-23873 and P.rt 3.
Plln40R-19115
B....._ 51...1, Bowmarwllle
TAKE NOTICE THAT lho Councl ollh. Coroatolion 0' tho Mu-
nicipality of ctaringlon .t ill "".ling ID b, held in the Councl
CMmb.1I .t Ih, Municipal Administraliv. C.ntra. ~ Tlmp.r-
anc. Strll" Bowm....... Ontario, on MonRy, Mty 151h, 200S
al 7'00 p~m. prapoted to:
a) pan a by__ Ie p.rmillht I'. and lraneter of Pan
23. pt.n COR-23873 and Pari 3. Pun ~R-1911S to Iht
abutting land owner Iocalad It 10 Brad.haw St....1.
AND TAKE FURTHER
NOTICE THAT bolo..
passing 'his by-Mw, Coun-
cil .hI. hear in ptllOn O.
tr;' hi8 COUN.I, lIOCicilor
Of' agent. II'f SMtaOn who
do.... I"" hio ..nd wi!
be p...judic:ialy attaclad
bvlhioll\l_.
Ponl L. Borrio
Munlcipol CIork
MunCipdty 01 Claringlon
40 T.mperanc. Slrnl
Bowmarwila. OnllOo
LIC 3.'11
r:I COllrtice RtHUI
(RegiONJ' RtHld 34) - CIaMgton
. ROAD CLOSURE
WOAKI DEPAImIENT
Puauc_
Anacnment :
To Report PSD-057 -01
CommunitJ Comer
UPCOMING BOAT OPEIUlTOII ACCIIEDITI!D
TRAINING (8.o"",T,) '. .. .'
...~-__..........~:e.orr
=-~~a:.~..:n..boaI~~n:.='
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IIOYIE,MAIITlNl.IIAI8.4lGI' .... ". ,..
NoI_"""""-_OILIIAY....:lIO~I:3lIJOM, _
..... 10........~& WIn or.......'1t*MgI.:..your
miflniDrwiw,billnto: . ...... ~ cIIlPed .....
::.,,':::=...~~~=.~
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ANNlYEII~-..r .... .
:.:=.=t.......,,'7l'M. -...,"2.<N!rw> II is
A loB......... .doIIcloo!o~"""""""pioor
MAPLE FElllIVAl.AND AlL1IIAT_'" '.
.............h~___;~lIo\n
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ART AlTHE...,.........
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BUSINESS BY THE LAKE
THE COMFOIIT.HOPPE~ ......
...."..K' ,.- .
ThoCatnlort_ .' B"
'10___ .,
- .~
~=- .
~ .... we make ow.., over 10 ow ComIDrI SI'toppe to
.... .. IN luxury at 1II1a.lion...
:'~n:':=.~==;.~
bill. wh6ch" be cohcIacI at 1M door.
For _ lnlatmollon co 10 ,ogIotor Iat Ohio ..... ......
~-= ~WWW~~lI\; _lhoCloringlon
DURHAM REGIONAL POLa4>
Bicycle ~ a.raty
AecDnlngkt.,KenI.......o.p.....iurw,. ~.
MOOI,70""_"",,,,""""_"'7
.,... DId WOfI . ...... "" tIma .... ,.. .
.......... - -..--
MMty. h _.... _, _.. 1& po,
__ _...... _,Iat_.....,..._
C......_..._buI..........INding_
tar ID ... 001I DI .... ~ in Cened&. In 0ntM0. "*' "'"
1200 qu.od "'*" ... hoopiOoInd ~ """, ... _, III
.. D'1'. you null..... a bIrt hIImIl. Ira .. ......
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- Rot;anoI_L
~
674
IIoginrIng .....,. ..., I, _ ColIlIco RllId (lIogion11
_34I......_.._.lho~_
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... . ........ 01 _-....., ...- Ita) _ III
_1Ilojof_....llrldgo_,
A........ -.. _... .. .. pIooo.... _ _ T...
RllId ond _..11_ Hoowy _ __ _lor poinII
-"~<<I'io_lll"'._Hor-.RllId
co Woveotoy Rood IRogionII RllId S7j,
Tho RIlIion ...... "" __ ...- 11\I ...
_work. Fco....._..... coli:
,.." -- P.Eng.
Projoc:I~
-.-nil ~3427
Durham Region Works Department
60S Rossland Read East Whitby ON L IN GA3
Tel~phone I~lbj b68-i-1' 01 1---eOO 31"2-1102
wv.'W (to on durham Oll (3
AUCTIONEER UCENCING BY-LAW
Tho Councl 0/ tho M~ .. Claringfon io ....Idoring
.- .. By.... '700501. . ~ .. roguIoto ond tic._
.- ...... ... M.-..v 0/ Cloringlon. """,.. wish-
Ing 10 __...~...... Purpou .nd Adm....roIion CommIIIu
or CouncIl on Ihio ..... moy do to 11\I oII.nding . PlA>Iic IIlHting
_lot:
MoncIoy. Moy a, 211116
8:3D AM
eo"",,1 C......rt, Municipol Ad_'''' Coni..
00 T._ Sttoot.Ilowmo_. 0nI1l1io
001010..... P_...._ <:on" _inod 11\I-,
ing'" Munlcipol CIortl'. Dope_.... _ -. CO bv
cling 1D5 -G3-I378.1IlI. 23lI
www.clar;ngton.net
AttaCnrT1l:::11l v
To Report PSD-057-06
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2006-
being a by-law to authorize the sale and transfer to Devon Downs Deve1o!,ment Limited
the adjacent property owner of Part 3 on Plan 40R-19115 and Part 23 Plan 40R-23873,
Bradshaw Street, Part Lot 9, Concession 2, former Town of Bowmanville, as shown
on Schedule 1
WHEREAS at its meeting on June 27, 2005, Council of the Corporation of the Municipality of
Clarington passed By-law 2005-131 declaring, Part 3 on Plan 40R-19115, and
WHEREAS at its meeting on January 20,2006, By-Law 2006-017 declaring Part 23 Plan 40R-
23873, Bradshaw Street, Part Lot 9, Concession 2, former Town of Bowmanville to be surplus;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. The Mayor and the Municipal Clerk are authorized to execute, on behalf of the
Municipality of Clarington, with the Corporate Seal, purchase and sale agreements between
Devon Downs Development Limited and the Corporation for the lands identified on Schedule 1
BY-LAW read a first time this
15th
. day of
May
2006
BY-LAW read a second time this
15th
day of
May
2006
BY-LAW read a third time and finally passed this
15th day of
May
2006
John Mutton, Mayor
Patti L Barrie, Municipal Clerk
675
SCHEDULE 1
I--- ~/
I---
I---
I--
f--- 80
~ J Plan 40R-23873
'~'""'j"'" Part 23
J '62 ,I I
/ 58~ I I 1--'-)- n
541 :v
1 Pia" 40R-19115i1
50 Part 3 I
t- -
W t- -
W W -
Ie: w -
e: ~
1(1) I---
(I) I--
~ ~
::J:
U) ::J:
C (I) -
~ a: ----'
w
ID ~
r---
CONCESSION STREET EAST
~
TT, ,- I
676
Clw:mgton
REPORT
ENGINEERING SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday May 8, 2006
Resolution #:
Report #: EGD-18-06
File #:
By-law #:
Subject:
BY-LAW TO REGULATE CONSTRUCTION OF DRIVEWAY
ENTRANCES UPON THE HIGHWAYS UNDER THE JURISDICTION OF
THE MUNICIPALITY OF CLARINGTON
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-18-06 be received;
2. THAT Council pass By-Law No. 2006-XX to regulate the construction of driveway
entrances upon highways under the jurisdiction of the Municipality of Clarington;
and
3. THAT Council repeal By-Law No. 81-37 and By-Law 96-43.
Re~~
Submitted by: A. S. Cannella, C.E.T.
Director of Engineering Services
d~~
Reviewed by: Franklin Wu
Chief Administrative Officer
p",
ASC/LJ B/jo/dv/jb/dv
May 1, 2006
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282
701
Report #EGD-1S-06
Page 2
1.0 BACKGROUND
1.1. The Municipality's By-Law to regulate the construction of driveway entrances
upon the highways under the jurisdiction of the Municipality has been in effect for
several decades.
The By-Law ensures that entrances to private property off Clarington roads are
constructed in a safe location and to municipal standards.
Property owners shall apply for an entrance when:
· The use of the entrance changes from temporary to permanent
· A new building is to be constructed on vacant land
· An entrance is desired to vacant property where no entrance exists
· An existing land use changes to another land use
· A temporary access is required
Entrance applications are jointly processed by both the Engineering and
Operations Departments. Engineering is involved in the technical process of
assessing sightlines and ensuring compliance with site plans and utilities. The
Operations Department physically inspects the site, determines the cost of
constructing the most appropriate entrance out in the field and then constructs
the entrance in accordance with Municipal standards and policies.
Entrances basically consist of the installation of a culvert and granular material in
rural areas, or a curb cut and granular material in urban areas. The Municipality,
upon receipt of an approved entrance application, will install the entrance, and
the by-law provides for cost recovery of t~is work.
2.0 PURPOSE
2.1 While the proposed entrance by-law is not fundamentally different from previous
entrance by-laws, the purpose of the new by-law is to reflect updates contained
in the new Municipal Act and to provide for updated cost recovery of
construction.
3.0 COST RECOVERY
3.1 Schedule lA' of the by-law lists the various costs for different types of entrance
construction.
It is important to note that the proposed fee schedule is for cost recovery only for
(where required):
. Culvert
· Granular material
702
Report #EGD-1S-06
Page 3
. Curb cut
. Municipal heavy equipment
. Heavy equipment operators
. Lead hand and truck
. labour
. Flag persons
Staff recently polled other Municipalities in Durham Region and found that a fee
increase is warranted to bring the fee schedule in line with other Durham Region
municipalities.
3.2 Where existing accesses (including agricultural field entrances) are affected by
roadside maintenance operations or the reconstruction of the municipal road, the
municipality will reinstate the access surface to an in-kind or better condition at
the cost of the municipality in consultation with the landowner.
Attachments
Attachment 1 - Proposed By-Law
703
ATTACHMENT NO.: 1
REPORT NO. EGD-018'()6
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2006-
Being a by-law to regulate the construction of driveway
entrances upon the highways under the jurisdiction of
the Municipality of Clarington.
WHEREAS, pursuant to the provisions of paragraph (1) of Section 27 of The
Municipal Act, R.S.O. 2001, Chapter 25, 2002 Chapter, by-laws may be passed
by the Council of every Municipality in respect of a highway under its jurisdiction.
AND WHEREAS Section 35 of the Municipal Act, as amended, provides that by-
laws may be passed removing or restricting the common law right of passage by
the public over a highway and the common law right of access to the highway by
an owner of land abutting a highway.
NOW THEREFORE the Council of the Corporation of the Municipality of
Clarington hereby enacts as follows:
"Applicanr
1. DEFINITIONS in the By-Law .
"Director"
"Entrance"
"Boulevards"
"Street Line"
"Highway"
"Structure"
means the person applying for the entrance
permit.
means the Director of Engineering Services of
the Municipality of Clarington or his designated
representative. '
means any private road, gate, driveway, culvert
driveway, entranceway or other structure or
facility constructed as a means of access to a
municipal road.
means any part of the highway which is not
intended for use of vehicles between the curb
or outside edge of the shoulder and the street
line, inclusive of the area covered by grass,
ditch, sidewalk or footpath.
means the line dividing a lot and the road
allowance.
shall have the same meaning as that found in.
the Highway Traffic Act and shall include any
unopened road allowance under the jurisdiction
of the Municipality of Clarington. '
means anything constructed or erected, the
use of which required location on the ground or
attached to something having location on the
ground and used for the shelter or
accommodation of persons, animals or goods.
704
2. REQUIREMENT FOR A PERMIT
a) All persons requiring an entrance to their property from a municipal
highway are required to obtain a permit from the Municipality of
Clarington and no person shall construct, alter, change the use of,
relocate or use any entrance as a means of access to a municipal
highway except in accordance with the conditions of tho Entrance
Permit issued by the Director.
b) In determining where an entrance permit shall be granted, the
Director shall consider the location, width and proposed use of the
entrance to be constructed or used as a means of access to a
municipal highway and shall have regard to the sight distance along
the road, proximity of intersections, other driveways, the location of
trees, public utility services and the jeopardy of public safety and
accordance with the entrance policy of the municipality, as adopted
by Council from time to time.
c) An entrance permit shall be applied for one or more of the
following, and prior to a building permit being issued:
i) Change of a temporary entrance to a permanent entrance.
ii) Creation of a structure on a vacant land.
iii) Entrance to, vacant land where no entrance exists.
~v) Change from any existing use to any other use.
d) All costs pertaining to the entrance to be used as a means to a
municipal highway, including, where applicable, the installation of
culverts, catch basins, the replacement of concrete curbs and
gutters, relocation of utilities, tree removal and other associated
works shall be paid by the Applicant.
e) All works undertaken within a municipal highway shall be carried
out by the Municipality of Clarington Operations Department.
Notwithstanding the foregoing, the Director may authorize. and
approve the installation of an entranceway by an approved
contractor, provided that an entrance permit has been obtained
from the Municipality and that a fee in respect of inspection and
administration services has been paid, in accordance with
Schedule "A" of this By-Law.
f) A sum of money being the cost of constructing the means of access
within a municipal highway shall be paid by the Applicant, as. per
Schedule "Ae of this By-Law. In cases where more than the usual
amount of fill and/or granular material (fifteen cubic metres (15m3))
is required, the Applicant shall remit to the Municipality of
Clarington an amount as determined by the Director to cover the
cost of the additional materials and works involved.
g) No person shall tile or cover a boulevard, except in accordance with
the conditions of an entrance permit.
h) No person shall apply an asphalt or concrete surface to any portion
of the entrance situate on a municipal road allowance until a permit
has been issued by the Director.
705
3. Non-Comoliance with the Bv-Law
a) After the effective date of this By-Law, The owner of the property
shall, within fourteen days of receipt of notice in writing to do so,
apply to the Municipality of Clarington for a permit to have a proper
entrance installed.
b) If the owner objects or refuses to comply with the notice given,
pursuant to Section (a) herein, the Municipality may remove the
obstruction and install a proper entrance and any expense incurred
by the Municipality so doing shall be paid by the owner.
c) The Municipality may give notice to the owner of any land requiring
him to close up and/or remove any private road, entrance, structure
or facility, constructed or used as a means of access to a highway
in contravention of this By-Law.
d) Every notice given under Section (c) shall be in writing and shall be
served personally or by registered mail and, in the case of service
by registered mail, the owner shall be deemed to have received
and the notice on the fifth day following the mailing thereof.
e) Where the person to whom notice is given under Section (c) fails to
comply with the notice within ten (10) days after its receipt, the
Director may direct any officer, employee or agent of the
Municipality to do, or cause to be done, whatever may be
necessary to close up and/or remove the private road, entrance,
structure or facility, as required by the notice.
f) Notwithstanding Section (c), if, in the opinion of the Director, a
safety hazard to the public exists as a result of the non-compliance,
the Director may direct any officer, employee or l;Igent of the
Municipality to do whatever may be necessary to eliminate the
hazard forthwith.
g) Every person who fails to comply with a notice given under Section
(c) is guilty of an offence and upon conviction is liable to a fine as
prescribed in 'the Provincial Offences Act.
4. Maintenance
The Municipality shall maintain and replace from time to time, as
required, all culverts installed pursuant to this By-Law; all
maintenance and/or repair of the driveway shall be the
responsibility of the owner of the land for which the entranceway
provides access. .
By-Law 81-37 of the Municipality is hereby repealed.
This By-law shall come into effect on the date of passing hereof.
BY-LAW read a first and second time this 15th day of May, 2006.
BY-LAW read a third and finally passed this 15th day of May, 2006.
John Mutton, Mayor
C. Anne Greentree, Deputy Clerk
706
SCHEDULE "A"
Drivewav Entrance Tvee
Pavable to the Municioalitv of
Clarinaton
1. 7 m - 400 mm pipe
(replacing 15" X 24')
2. 7 m-450 mm pipe
(replacing 1 S" X 24')
3. 7 m - 600 mm pipe
(replacing 24" X 24')
4. Entrance - no culvert
$1400
+ $200/m in excess of 7 m
$1400 plus difference in cost of
pipe between 400 mm and 450 mm
$1400 plus difference in cost of
pipe between 400 mm and 600 mm
Time and materials + 35%
(minimum charge of $150)
5. Entrance - Extension
Time and materials + 35%
(minimum charge of $150)
6. Entrance - Relocation
Time and materials + 35%
(minimum charge of $150)
7. Entrance - Temporary
, Time and materials + 35%
(minimum charge of $150)
Cuts up to and including 9' $75
+ $SIft in excess of 9'
S. Curb Cutting
9. Curb Replacement
Time and materials + 35%
(minimum charge of $150)
Notes:
All "Time and materials + 35%" works will be estimated by the Director of
Engineering Services or his designated representative. The estimated sum must
be paid to the Municipality prior to the approval of the Application for Property
Access and/or the commencement of works.
INSPECTION FEE
(Contractor installed)
$50 per Application
707
Cl!J!.fflglOn
REPORT
ENGINEERING SERVICi:s DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, May 8, 2006
Resolution #:
Report #: EGD-26-06
File #:
By-law #:
Subject:
INTERSECTION OF LONGWORTH AVENUE AND REGIONAL ROAD
57, BOWMANVILLE
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-26-06 be received; and
2. THAT the installation of traffic signals at the intersection of Longworth Avenue
and Regional Road 57 be added to the 2006 Capital Budget and in accordance
with a 50/50 cost sharing arrangement with the Region, the Municipality's share
of the project, estimated at approximately $87,500, is to be financed through the
Roads and Related Development Charges Reserve Fund.
Respectfully by,
dtI~
Submitted by: A. S. Cannella, C.E.T.
Director of Engineering Services
o~~
Reviewed by: Franklin Wu
Chief Administrative Officer
ASC/BMB/dv
May 1, 2006
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282
708
Report #EGD-26-06
Page 2
1.0 BACKGROUND
1.1 Since the opening of the Longworth Avenue extension from Scugog Road to
Regional Road 57 in 2004, staff has recognized the need for temporary traffic
control devices to be installed at the intersection of Longworth Avenue and
Regional Road 57. Currently works associated to Longworth Avenue are
included in the Municipality's present Development Charge Study and Bylaw and
are eligible for full funding.
2.0 COMMENT
2.1 Lonaworth Avenue
The connection of Longworth Avenue to Regional Road 57 was constructed and
open for operation on December 15, 2004. This road construction developed a
further phase of the Type C Arterial road currently indicated in the Municipality's
Official Plan. An arterial roadway such as Longworth Avenue is required to move
east-west traffic flows from the growing northern section of Bowmanville and to
reduce congestion in the King Street corridor. Longworth Avenue currently
collects vehicular traffic from Regional Road 57 to Liberty St. Traffic volumes on
Longworth Avenue are expected to increase with the extension of Liberty Street
to Mearns Avenue starting in 2006. The transportation link that is extending
west to Green Road through the Brookhill Development Plan will also have direct
impact on Longworth Avenue.
2.2 Reaional Road 57
Regional Road 57 is classified as a Type A Arterial road. Under the jurisdiction
of the Region, this Type A Arterial is one of three Highway 401 interchanges in
Bowmanville providing traffic movements in the north-south direction. Through
future development applications at Concession Road 3 and Regional Road 57 as
well as the Brookhill Development west of Regiorial Road 57 and Longworth
Avenue, traffic volumes in this area will increase in the very near future.
709
Report #EGD-26-06
Page 3
2.3 Intersection of Lonoworth Avenue and Reoional Road 57
The current configuration in this location is a T-Intersection. As development
proceeds, the reconfiguration of this intersection will include a typical four-way
approach. Currently, traffic on Longworth Avenue requires a safe break in traffic
in order to proceed with the turning movements onto Regional Road 57. This
relies on driver decisions, expectations, and reactions to advance safely.
2.4 Traffic Sional Consideration
The cost of these works, as provided by the Region of Durham, is estimated to
be approximately $175,000.00. Both the Region and the Municipality have
agreed to share equally in the cost of this project with the Municipality's share,
estimated at $87,500.00, available as 100% development charges associated to
Longworth Avenue. While the installation of these signals are not currently
proposed in the 2006 budget, in consideration of the current conditions and
planned extension of Longworth Avenue, it would be reasonable to advance this
project and include it in the 2006 Capital Budget.
3.0 CONCLUSION
3.1 Advancing the installation of traffic signals for the intersection of Longworth
Avenue and Regional Road 57 would be funded 100% from development
charges associated to Longworth Avenue based on continuing growth in the
surrounding areas.
Therefore, it is recommended that this project be added to the 2006 Capital
Budget and the funds, which are estimated at $87,500.00, and charged to the
Roads and Related Development Charges Reserve Fund.
Attachments:
Attachment 1 - Key Map
710
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~ DRAWN BY: E.L. DATE: April 24. 2000
_~ REPORT EGD-26-06
KEY MAP ATTACHMENT NO.1 711
G:\Attachmenta\LonaworthSTTralficSias.mxd
CI~glOn
REPORT
ENGINEERING SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, May 8, 2006
Report #: EGD-27 -06
File #_
By-law #
Subject:
20 KING STREET EAST TRANSIT SHELTER CONSTRUCTION & KING
STREET BRIDGE REHABILITATION - PUBLIC INFORMATION
CENTRE
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
-
1. THAT Report EGD-27 -06 be received;
2. That the King Street Transit Shelter be referred back to staff for further processing
through an additional Public Information Centre;
3. THAT Council consider the Bridge Rehabilitation alternatives and provide direction
on the alternative; and
4. THAT all those who attended the Public Information Centre and who have contacted
the Municipality as interested parties be informed of this report.
ReSpectfuJ-
~.. ..
Submitted by: A. S. Cannella, C.E.T.
Director of Engineering Services
d~~
Reviewed by: Franklin Wu
Chief Administrative Officer
ASC/BMB/dv
May 1, 2006
CORPORA TION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169
712
Report #EGD-27 -06
Page 2
............_..n..A__...._.~_~_____.__..__.___"___.___......____________.______
1.0 BACKGROUND
1.1 Transit Shelter Construction
The 20 King Street East Transit Shelter is included in the approved 2006 budget
and is funded in part by the Clarington Transit Reserve Fund. The proposed
construction will provide for a common use transit shelter and public space
integrated into the Municipality's existing parking lot. The preliminary concept of
the design is incorporating the existing downtown architecture as well as historic
Bowmanville structural designs. The site location is included as Attachment #1.
1.2 Bowmanville Bridae Rehabilitation
Located along the Bowmanville Creek system, the existing bridge structure on
King Street is included in the approved 2006 Capital Project budget and is
funded in full by the Provincial Gas Tax. The rehabilitation works include
deteriorating sidewalks, parapet walls, and deck structure. Consideration of a
decorative parapet wall is recommended in conjunction with the ongoing
Community Improvement Plan for the Downtown Bowmanville area. The site
location is included as Attachment #1.
2.0 APPROACH
2.1 To assess suitable construction measures for both projects and to obtain local
resident and business owner input to the design process, a joint Public
Information Centre was held. The public was notified of the meeting by
newspaper advertisement, the Municipality's information board, and through
circulation notices to certain business owners in the Downtown area.
3.0 INFORMATION CENTRES
3.1 Information Centre, April 4, 2006
At the meeting the following documentation and plans were presented for
discussion:
Transit Shelter Construction
· Original concepts prepared by J.R. Freethy (Stage one);
713
Report #EGD-27-06
Page 3
... ,.. .-.. .... . ... .-_...... . ~ ........,.-.........~......n._..~.~._....._..._....A._..'.'_~..m_ .......~~.._..~"."..~"'~._._.._....._.._.._"_..~n.A__..~.._H~ ...._.._~.._..__._.__.._.~H~___n.._.._..__,_._...___.____.~--.-.____.__~_.,___._._...._.._.'..~_HH.
· Conceptual plans prepared by the Municipality's Planning Department (Stage
two);
· Working concepts prepared by TSH (Stage three);
Bowmanville Bridge Rehabilitation
· Structural drawings indicating the overall width, lane configuration, and
sidewalk detail of the bridge deck;
· A construction staging plan depicting the stages of closure and configuration
thereof;
· A proposed construction schedule;
· Three alternative designs for the decorative parapet wall components. (seen
in Attachment #2)
In all, nine people on the meeting register list provided comments and others
were merely in attendance as interested observers. The design proposals for the
work presented were generally well received. Each of the comments made have
been considered by staff and are available for viewing with the Engineering
Department.
4.0 KING STREET BRIDGE
4.1 As an entry feature to the Bowmanville Downtown area, the King Street bridge
designs propose enhanced parapet walls and decorative handrails within the
scope of works. The general public and Bowmanville business owners generally
preferred Options 1 and 2 of the three design alternatives presented. However,
attendance at the PIC was very limited.
4.2 Staff has considered the PIC comments made and offer the following additional
comments:
Bridae Option 1 - Cobblestone parapet sections can be constructed using
several materials. The use of cultured, printed, or real stone facing will all
increase construction and/or long term maintenance costs. This option may also
increase the construction schedule for completion. Although aesthetically
714
Report #EGD-27 -06.
Page 4
............................._m......................................._.._.~_...._~...._._._..__.__......___._.____.___...__________.____________
pleasant, this option will require close attention by the Municipality's Operations
Department and incur higher maintenance costs following construction.
BridQe Option 2 - This concept contains a visually pleasing design using
. common construction methods. The design reduces construction costs as well
as future maintenance costs. The cost savings could enhance other aspects of .'
the bridge such as the walking surface or pavement structure. Operational
attention in the future will likely be reduced with this option.
5.0 DISCUSSION
5.1 Detailed design for the 20 King Street Transit Shelter will proceed following an
additional Public Information Centre presenting the preferred concept based on
comments provided and stakeholder input 'as required. This additional meeting
will occur in the near future.
'5.2 The King Street Bridge design will require attention based on the comments
received for the work proposed by the Municipality. Although Options 1 and 2
have received equally favourable comments with respect to aesthetics, based on
climate conditions, estimated construction cost, and maintenance, Option,2 is
desirable.
5.3 Staff has taken comments made and prepared a modified option that reflects
features in Options 1 & 2. The modified Option 2 rendition, shown in Attachment
#3, addresses issues with respect to construction methods, cost, and
maintenance focused on in Option 2. It also reflects the architectural emphasis
of the parapet wall below the lighting in Option 1. This modified option is in
keeping with other projects such as 20 King St. E, the streetscape improvements,
and urban design guidelines for development that are being implemented in the
downtown. Using similar materials within a "family" would enhance the overall
effect of the individual efforts in creating a fresh face for the downtown, as
recommended in the Community Improvement Plan.
715
Report #EGD-27 -06 Page 5
5.4 In consideration of each bridge alternative, our Department recommends
advancing to the final design stage for the King Street Bridge lehabilitation
project using the modified Option 2 alternative.
Attachments:
Attachment No. 1 - Site Map
Attachment No.2 - King St. Bridge Options
Attachment No.3 - King St. Bridge Option #2-Modified
Interested parties to be advised of Council's decision:
Attendees of PIC:
Bowmanville BIA
716
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DRAWN BY: E.L.
DATE:ApriI28,2006
REPORT EGD-27-06
ATTACHMENT NO.1 717
G:\Attachmenta\KinaSlBrldae.rnxr
Attachment No.: 2
Report # EGO-27 -06
Attachment No. 2
King St. Bridge Options
· Concept Visualization No. 1
. Concept Visualization No.2
· Concept Visualization No.3
718
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Report # EGD-27 -06
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(~fJlilJgton
REPORT
ENGINEERING SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, May 8,2006
Resolution #:
Report #: EGD-28-06
File #:
By-law #:
Subject:
INTERSECTION OF BASELINE ROAD AND HOLT ROAD
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-28-06 be received;
2. THAT the intersection of Baseline Road and Holt Road become an all-way stop;
and
3. THAT the proposed by-law attached to Report EGD-28-06 be approved by
Council.
Respectfully by,
~
Submitted by: A. S. Cannella, C.E.T.
Director of Engineering Services
n~-r4Jk
Reviewed by: Franklin Wu
Chief Administrative Officer
ASC/RDB/dv~b/dv
May 1, 2006
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282
724
Report #EGD-28-06
Page 2
1.0 BACKGROUND
1.1 The intersection of Baseline Road and Holt Road, north of Darlington Generating
Station has been under review for a number of years due to increasing traffic
volumes.
2.0 COMMENT
2.1 Intersection Review for Illumination
A traffic volume study was conducted during September, 2005 to determine if
warrants were met for consideration of either partial or full illumination. As a
result of the review it was determined that partial illumination of the intersection
would be scheduled for 2006. Sufficient funds were subsequently approved in
the budget and the partial illumination will be completed during 2006.
2.2 Consideration of an AII-wav Stop
Holt Road which presently has a stop condition is considered an Arterial B
Roadway while Baseline Road which currently has the right of way is considered
an Arterial C Roadway per the Official Plan. The trafficvolumes and motor
. vehicle collision history were reviewed during September 2005 but the Provincial
All-way Stop Warrants were not fully satisfied. Staff, have continued to monitor
the intersection and have now taken into consideration the expected growth in
traffic volumes which should satisfy the Provincial All-way Stop Warrants within a
short period of time. As growth in Bowmanville continues to move west of
Durham Road 57 with the construction of Green Road and the planned
residential areas, much of the traffic is expected to use Baseline Road and Holt
Road to access the westbound 401. Due to the anticipated fulfillment of the
warrant requirements, Staff is prepared to support the early introduction of an all-
way stop.
725
Report #EGD-28-06
Page 3
3.0 CONCLUSION
3.1 Engineering Services is supporting the early intro~uction of an all-way stop at the
Intersection of Baseline Road and Holt Road due to anticipef(t:d growth in traffic
and have attached a proposed by-law for Council's consideration.
Attachments:
Attachment 1 - Key Map
Attachment 2 - Proposed By-law
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DATE: April 25, 2006
KEY MAP
REPORT EGD-28-06
A IT ACHMENT NO.1
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ATTACHMENT NO.2
REPORT EGD-028-06
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2006.
Being a By-law to amend By-law 91-58, as amended, being a By-
law to Regulate Traffic on Highways, Municipal and Private Property
in the Municipality of Clarington.
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it desirable to
amend By-law 91-58;
NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts .
as follows:
1 ) Schedule XV 'Through Highways' of By-law 91-58 is amended by:
A) Deleting the following reference:
Column 1
Hiahwav
Column 2
From
Column 3
To
Baseline Road East limit of Durham Regional Road No. 34 West Limit of Durham Regional
Road No. 57
(Darlington)
And
B) Adding the following reference:
Column 1 Column 2
Hiahwav From
Column 3
To
West Limit of Holt Road
Baseline Road East limit of Durham Regional Road 34
(Darlington)
Baseline Road East limit of Holt Road
(Darlington)
West Limit of Durham Regional
Road 57
2) Schedule XVI'Stop Signs' of By-law 91-58 Is amended by:
A) Adding the follOwing reference:
Column 1
Intersection
Column 2
Facina Traffic
Westbound on Baseline Road
Baseline Road and Holt Road
(Darlington)
Baseline Road and Holt Road
(Darlington)
Eastbound on Baseline Road
3) This By-law shall come into force and take effect on the date approved by Council and
when signs to the effect are erected.
BY-LAW read a first and second time this 1511 day of May, 2006.
BY-LAW read a third time and finally passed this 1511I day of May, 2006.
John Mutton, Mayor
C. Anne Greentree. Deputy CIeri<
728
Clw:il1gton
REPORT
COMMUNITY SERVIC~S DEPARTMENT
Meeting:. General Purpose and Administration Committee
Date:
May 8, 2006
Resolution #:
Report #: CSD-06-06
File #:
By-law #:
Subject:
FAMILY AND YOUTH FITNESS
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CSD-06-06 be received; and
2. THAT Council authorize staff to develop a revenue-neutral youth fitness program
as outlined in this report, to be introduced during the fall of 2006.
Submitted by:
eph P. Caruana,
rector of Community Services
ReVieWedbO~-~
Franklin Wu,
Chief Administrative Officer
JPC/EM/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-06-06
PAGE 2
1.0 BACKGROUND
1.1 On February 27, 2006, Lisa Corkery appeared before Council to request the
minimum age of participation at the Courtice Community Fitness Centre be
lowered from 13 to 7. She noted that working out at the Complex and the
encouragement she received from the fitness trainers have helped her change
her life. Ms. Corkery is requesting this change to help stop obesity in children.
1.2 Council resc;>lved through Resolution # C-102-06 that the delegation of Lisa
Corkery be referred to the Director of Community Services for preparation of a
report to be submitted to the General Purpose and Administration Committee.
1.3 Physical inactivity represents a significant health burden in Canada. According
to studies by the Canadian Fitness and Lifestyle Research Institute, more than
half of Canada's children and youth are not active enough for healthy growth
and development. .
1.4 While the number of overweight Canadian children has stabilized recently, the
rates of child and youth obesity are stiH high. In 1981, 10.6% of Canadian boys
and 13.1 % of Canadian girls were overweight or obese. According to the Heart
and Stroke Foundation, this number more than doubled in 2000/2001 to 29% of
boys and 27% of girls. .
1.5 Childhood and adolescence are critical times for developing habits that include
incorporating lifelong physical activity. While formation of these healthy lifestyle
habits should occur primarily in the home, there is a definite need for support for
families through their community and schools.
1.6 As a community, the Municipality of Clarington offers a variety of programs to
children and youth in the promotion of physical activity, such as FIT Club,
swimming, youth floor hockey, basketball drop-in and Sportball. Even still, there
is an opportunity to expand on the services we offer in the promotion of health
and wellness to children; youth and their families in the community. This report
will address issues in providing fitness services to young children and their
family through recommending a fitness program to meet these needs.
1.7 In her delegation, Ms. Corkery requested a drop in the age limit at the Courtice
Fitness Facility from 13 years of age to 7. Currently, the minimum age for a
youth to join the fitness facility without any conditions is 15 years of age.
Through Report CSD-13-05, Council approved a program called Teen Fit Club,
in which participants 13 to 17 years of age participate in a 12-week program
which provides instruction in proper workout techniques, fitness facility etiquette
and leading a healthy lifestyle. Upon successful completion, the younger
participants (13 and 14 year olds) may purchase a membership to the Courtice
Fitness Facility. Successful participation in the Teen Fit Club program is the
1002
REPORT NO.: CSD-06-06
PAGE 3
only way a youth 13 to 14 may join the fitness facility in an unsupervised
manner.
1.8 Through further discussion with Ms. Corkery, the following factors are important
to her for inclusion in any recommended program:
. Accessible (low-cost/accessible cost)
. 1 hour/day, 5 days/week
. Circuit training which includes cardio, strength training, nutrition counselling
. Family affair - involve family members (parents/guardians/grandparents)
. At the Fitness Facility because the gym is open year round (during inclement
weather when the kids can not get outside to play)
. Networking opportunity for families to meet up with other parents and
children in similar situations
1.9 Upon reviewing Ms. Corkery's request to lower the age limit of the facility to "7
years of age, the following information was taken into account:
. Advice from the Durham Municipal Insurance Pool
. Common practices of GTA municipal fitness facilities
. Recommendations from the Ontario Association for Sports and Exercise.
Sciences (OASES) and the Canadi~n Society for Exercise Physiology
. Advice from our equipment supplier
. Published scientific research
1.10 Our insurers recommended the following with respect to youth fitness
programming in our fitness facility:
. Parents need to be informed and give permission (through an informed
consent form which explains the elements of risk the activity entails. The
information on the consent form would have to be explained to the parents
and the child on a regular basis to ensure it is properly understood).
. As important would be the level of supervision. An increased level of 1
instructor: 3 or 4 children was recommended. Direct parent participation
would be beneficial or potentially mandatory.
. Maintenance procedures and documentation would become even more
important if there were an insurance claim.
1.11 Municipal fitness facilities in the Greater Toronto Area were surveyed and most
facilities offer organized group fitness classes to youth. The age ranges vary
from 6 to 13 years of age. The programs that are offered are primarily active
classes such as child boxercise, child yoga, and other active programs in a
room separate from the gym floor. No municipal facility currently offers any
programming dealing with nutrition and family support for parents with obese
children.
1003
REPORT NO.: CSD-06-06
PAGE 4
1.12 All municipal facilities that responded to the survey did not allow youth under 13
years of age to use the fitness equipment on the gym floor for various reasons
including:
. The equipment is sized for an adult and height adjustments could not safely
accommodate the younger age groups in most cases
. Adults would not be interested in sharing space with kids that young
. Feeling that children should be active and playing outside
. Feeling that children of this age group are too young to be left unsupervised
in the fitness room. Some even believe that parental supervision is not
enough as some parents may not be aware of the child's physiological
limitations
. Some facilities would refer the family to a medically supervised program,
should one exist
. Some municipalities had previously offered fitness programs for children,
however, du~ to low registration/demand, programs were cancelled
1.13 The Ontario Association of Sport and Exercise Sciences felt that parents should.
be providing consent and be awa.re of the activities that the children are
performing. OASES also felt the Municipality should be made aware of any
. health concerns of the children as it relates to paliicipating in physical activity.
The Canadian Society of Exercise Physiology felt that the question should be
deferred to our insurance underwriters.
1.14 The supplier of our fitness equipment felt that stronger considerations than age
with respect to the design of our equipment are the height limitations. The .
supplier advised that our cardio bikes are designed to accommodate a height of
. 4' 11"; there are no height restrictions on treadmills.
1.15 The supplier's other main concern was the maturity and judgement of the
children to use the equipment properly. For example, a child being unaware of
their capabilities and overexerting themselves on the equipment could result in
injury.
1.16 While reviewing published research that addresses youth fitness, the following
was noted:
. The American Council of Exercise (ACE) states that 'When it comes to
fitness, kids are not miniature adults. They have specific physiological
differences that make them unique. Therefore, their fitness programs and
activities must be specific to their developmental stage and not justa
watered down version of an adult's."
. Parent involvement is key. In households where the parents were active,
95% of the children in those households were active as well.
1004
REPORT NO.: CSD-06-06
PAGE 5
The type of fitness programming recommended for children by the research
included:
. Successful, fun activity and fitness options
. Wide range of fitness and movement activities
. Activities based on what children enjoy
Equally important, as stated in the research, are things that should be avoided:
. Activities selected by the parents (Le. the children need to choose)
. Long duration, high intensity activities
1.17 In the area of resistance (strength) training, the American Association of
Paediatrics recommends introducing resistance training to youth 10 to 12 years
of age through low weight dumbbells, resistance bands. It is recommended that
children use lower weights and higher repetitions, and only as long as the
activity is highly supervised by a qualified professional. The focus of the
resistance training should be on overall strength improvements, functional
exercise, balance and flexibility and set ina supportive, fun environment.
2.0 COMMENTS
2.1 Upon review of the recommendations outlined above, the Community Services
Department does not recommend a decrease in the age limit of the Fitness
Facility to 7 years of age as there is increased supervision issues involved with
maintaining an adequate level of safety. However, we do recognize the need for
child fitness and wellness programming and do recommend a structured
program to be offered to children and a participating parent(s)/guardian/
grandparent.
2.2 This program would be developed and offered in 3 1-hour sessions per week for
a 12 week period (total 36 hours) to children 7 to 12 years of age accompanied
by one participating parent/guardian. The four program components include
(the number in brackets indicates the number of program hours allotted per
program component):
. Nutrition and Healthy Eating, according to Canada's Food Guide to Healthy
Eating (12-18 hours)
. Physical Activity, through individual and cooperative games and activities in
the aerobics studio and possibly on the gym floor using the cardia
equipment, as appropriate. Physical Activity will be comprised of:
Cardiovascular conditioning (6-9 hours) through games and fun activities,
etc.
Muscular conditioning (6-9 hours) using body weight, circuits, light
dumbbells, etc.
Flexibility (6 hours) through yoga, stretching, etc.
1005
REPORT NO.: CSD-06-06
PAGE 6
2.3 The program will offer support for parents and children in the following ways:
. by.introducing activities they can participate in with their child at home
. by introducing parents to various support groups, services and resources in
their community
. by introducing them to others in similar situations in their community
2.4 .The program would be offered in 3 1-hour sessions per week. Participants will
receive a 12-visit pass that will allow them access to 12 different sessions over
the 12 week period (total: 12 hours). This allows flexibility for families to attend
whichever session is convenient for them that week, as well as, allowing patrons
to mix and match topics and activities. If participants would like to attend more
frequently, they may purchase additional 12-visit passes. Each one hour
session will include:
. 10-20 minutes of nutrition information and discussion
. 10 minutes of flexibility activities
. 30-40 minutes of cardiovascular conditioning and muscular conditioning
2.5 The program content will be developed using such resources as:
. Fat Off Nutrition Workbook
. Fit Club Manual
. Healthy Eating Manual - Ministry of Health
. Heart Healthy Kids - Heart and Stroke Foundation
. Walk this Way - Durham Region Health Department
. Activities from the Dairy Farmers of Canada
. Fit Kids Handbook - American Council on Exercise and the State of
California Department of Education
. Get Fit and BeActive: A Handbook for Youths Ages 6-17 - President's
Council on Physical Fitness and Sports, US Department of Health and
Human Services
. Youth Fitness: ACE Group Fitness Specialty Series - American Council on
Exercise
. 2.6 Due to the preparation required to develop a quality program, this family/child
youth fitness program is recommended to be offered commencing in the Fall
session of 2006 (September).
3.0 FINANCIAL CONSIDERATIONS
3.1 The cost of the 12-visit pass would be $40.00 for children (7-12 years of age)
and $50.00 for adults (18 years and up). Participating adults who have a current
fitness membership will be able to participate free of charge. Children and
adults participating more than one time a week in the same session will be
entitled to a 25% discount off each subsequent 12-visit pass.
1006
REPORT NO.: CSD-06-06
PAGE 7
3.2 Children (7-12 years of age) must register with a participating adult(18 years of
age and up). Consequently, adults must register with a participating child.
3.3 The instructor cost to offer this 12 week program is $906.58 (36 hours X
$25.18). As a minimum to ensure a revenue-neutral or revenue-generating
position, the program would require 11 full paying youth and 11 full paying
adults to purchase a 12-visit pass each 12 week session (11 X $40.00 =
$440.00 plus 11 X $50.00 = $550.00 = Total of $990.00). Should the minimum
numbers not be met, every attempt to offer the program will be made. For
example, the number of class times could be reduced to offset the lower
registration numbers.
4.0 CONCLUSION
4.1 This program format was reviewed with Ms. Corkery on April 28, 2006 and
verbally she demonstrated approval and agreement with the program. She is
very excited to see the Municipality of Clarington moving forward on this issue.
4.2 Through this exciting initiative, the Department looks forward to encouraging
more young people to lead healthy lifestyles, while supporting their
parents/guardians along the way.
Interested parties to be advised of Council's decision:
Ms. Lisa Corkery
1007
CI~illgton
REPORT
COMMUNITY SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
May 8, 2006
Resolution #:
Report #: CSD-OS-06
File #:
By-Iaw#:
Subject:
PUBLIC ACCESS DEFIBRILLATOR - PROGRAM ASSISTANCE
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CSD-08-06 be received;
2. THAT Council direct staff to coordinate the initial program support and
certification for defibrillators located at the Newcastle Arena, Orono Arena,
Newcastle Community Hall and Garnet Rickard Complex;
3. THAT staff be authorized to over expend the 2006 operating budget for the initial
support and certification cost of $8400.00 and the alarm installation and first year
of monitoring cost of $3200.00;
4. THAT staff include ongoing costs of the annual program support and certification
as well as the annual monitoring costs as part of the operating budget process
for 2007; and .
5. THAT the Orono Arena Board I Newcastle Arena Board and the Newcastle
Comm' all Board be advised of action taken.
Reviewed b~~...r::- ~
Franklin Wu
Chief Administrative Officer
Submitted by:
J eph P. Caruana
irector of Community Services
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905) 623-5506
1008
REPORT NO.: CSD-OS-06
PAGE 2
1.0 BACKGROUND
1.1 The Municipality of Clarington initiated the installation of Automatic External
Defibrillators (AED) in municipally operated recreation facilities with the
installation of a unit at the Courtice Community Complex in December 2005.
Subsequently, Council approved the donation of a unit for the Bowmanville
Indoor Soccer Facility, installed in March of this year. In 2006, two additional
units were approved in the Community Services Capital Budget and are currently
on order.
1.2 As a result of the increased awareness of this initiative, the Boards of
Management at Newcastle Arena, Orono Arena and Newcastle Community Hall
have expressed a desire to seek donations from the community for the purchase
cif AEDs for their facilities.
1.3 The Clarington Minor Hockey Association, at their April executive meeting,
approved the donation of an AED unit. The Garnet Rickard Complex is their
home facility and they have requested the unit to be located there. The unit
currently on order for the Rickard Complex will be installed at the Clarington
Fitness Centre.
1.4 Aside from the purchase cost of approximately $6,OOO/unit, there is the cost of
unit program support. Program support for the initial year is $2,1 OO/unit with
subsequent years costing $2,OOO/unit. This cost is based on the training and
certification of ten (10) people.
1.5 Included in the program support cost is;
. Medical oversight by Base Hospital
. Biomedical engineering to ensure unit is maintained to
manufacturer's standards throughout the year
. Medical consultation throughout the year
. Follow - up support system for staff following an AED use
1.6 Training and certification for the initial year is $70.00/person and the annual
recertification is$60.00/person. The eight hour program includes CPR and AED
training.
1.7 The Boards are confident they can secure the funds to purchase the defibrillator
units but are concerned with the ongoing costs for the support and certification.
1.8 The defibrillator will also require monitoring from an alarm monitoring company.
The alarm installation cost is approximately $500, with an annual cost of
approximately $300.00.
1009
REPORT NO.: CSD-OS-06
PAGE 3
2.0 COMMENTS
2.1 With these recent offers to have AED units donated to the OfOi10 Arena and
Community Centre, the Newcastle Memorial Arena, the Newcastle
Community Hall and the Garnet B. Rickard Complex, all municipally owned
recreation facilities with the exception of the Darlington Sports Centre, will
have fully operational unUs and trained staff by the end of 2006.
2.2 It is staff's intention to include the purchase and installation of a unit for the
Darlington Sports Centre through the 2007 Budget process. At that time all
facilities will be equipped with a public access defibrillator.
1010
CI{Jl-!lJgton
REPORT
COMMUNITY SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
May 8, 2006
CSD-09-06
Resolution #:
Report #
File #:
By-law #:
Subject:
SUPPLEMENTAL RATES AND FEES
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CSD-09-06 be received; and
2. THAT Council approve the attached Supplemental Rates and Fees Schedule for
the period May 1,2006 to August 31, 2007.
Submitted by:
J e h P. Caruana
. ector of Community Services
ReViewedb~-~
Franklin Wu
Chief Administrative Officer
JPC/EM/jm
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-5506
1011
REPORT NO.: CSD-09-06
PAGE 2
1.0 BACKGROUND
1.1 In 2004, Council approved Report CSD-09-04 which recommended various rates and
fees associated with municipal recreational programs and facilities for the period
September 1, 2004 to August 31, 2007. The next full review and report for Council
approval is anticipated in the spring of 2007 for the period September 1, 2007 to
August 31,2010.
1.2 Periodically there are adjustments that need to be made and/or additional rates and fees
that require approval due to new construction and enhancement to our programs and
services.
1.3 This report addresses these areas and recommends rates and fees for the period
commencing May 1,2006 through to August 31,2007. Recommended rates and fees are
outlined in Attachment #1. Details explaining why these rate and fee adjustments a.re being .
recommended are detailed in the Comments Section.
2.0 COMMENTS
2.1 TOTAL HOCKEY
2.1.1 The Community Services Department is proud to introduce Total Hockey this fall. There
are various admission rates being recommended for Total Hockey at this time. The
categories for these admissions are:
· General Admission [14-64 years]
· Youth/Senior [Youth (6-13 years) / Senior (65 years and up)]
· Child [1-5 years]
. Groups [20 or more people]
. Family Pass [2 adults and 2 youth/child]
· Total Hockey Club Season Ticket Holder
[Includes e-newsletter and a 10% discount on Total Hockey merchandise]
2.1.2 The fees proposed for Total Hockey are consistent with the Business Plan of the Brian
McFarlane Hockey Museum, as well as other similar enterprises, and the Department's
approved operating budget for that facility.
2.2 FACILITY RENTAL RATES
2.2.1 Due to the construction of Total Hocey, the ability to permit the banquet hall into sections
(quarters) is no longer available. The hall may still be permitted as a full or a half hall.
Therefore, a recommendation is being made that the fees for the "Sections" for each
category at Rickard Recreation Complex be deleted.
H)12
REPORT NO.: CSD-09-06
PAGE 3
2.2.2 There have been several requests to book the parking lots at our recreation facilities,
however, there has never been an established fee for this use. A fee based on daily
permitting of:
- Parking Lot - Large (Courtice Community Complex, Rickard Recreation Complex,
South Courtice Arena) and
- Parking Lot - Small (Darlington Sports Centre, Clarington Fitness Centre, Bowmanville
Indoor Soccer) .
has been researched and recommended through this report.
2.3 FITNESS MEMBERSHIPS AND PROGRAM RATES
2.3.1 The Courtice Fitness Training Facility offers a variety of membership options, broken
down into age categories of Adult and Youth/Senior. However, this same structure has
not previously applied to specific programs/admission fees as listed below:
Fitness Facility Day Pass
Aerobics
Personal Training - 5 hours and 10 hours
. Fitness Assessment
Fitness Program
Initially through Report CSD-09-04, Council approved rates and fees for these programs
for a single category. These rates had been applied to all age groups until an
amendment to Report CSD-09-05, approved a 50% discount to seniors (65 years and up)
for all programs.
The Department is recommending through this current report, that the above programs
and admission rates have a youth rate applied equal to the senior rate of 50% off the
posted rate. This will increase availability of our programs to youth (15-17 years) and will
be consistent with rates charged by local Durham municipalities.
2.3.2 Fitness is becoming more of a family affair and the Department is facing requests by
couples, friends and family members for semi-private or group personal training. These
requests have been investigated and compared to services offered across municipal
facilities in the Greater Toronto Area. There is an opportunity to offer group personal
training at the Courtice Fitness Training Facility to small groups. of 2-3 people with similar
fitness goals. Per person fees for Adults as well as Youth/Seniors are being
recommended at this time based on a one hour fitness program, as well as, 5 hour or 10
hour personal training packages.
2.4 AQUATICS PROGRAMS
2.4.1 The Community Services Department currently offers the Standard First Aid as an
extension of our National Lifeguard Service award course. We would like to expand the
program to be offered to the general public. We are also expanding our First Aid
program to include Emergency First Aid, which until now, has only been offered as part of
1013
REPORT NO.: CSD-09-06
PAGE 4
the Bronze Medallion lifesaving award. These. two different options offer the public a
choice for the amount of training they would like or require in their certification.
2.4.2 A revised program to encourage professional and leadership development for youth will
be introduced to assist the Aquatics Division with their hiring process, which has been
complicated by the shortened high school years. Through the mentoring program, youth
will be provided training and leadership development specific to a career in the aquatics
field with the hopes that the participants may seek future employment with the
Municipality of Clarington.
2.4.3 Fees for the above aquatics programs are being recommended through this report.
2.5 YOUTH PROGRAMS
2.5.1 Sports Camp is offered. at the Bowmanville Indoor Soccer Facility. Sports Camp offers a
very specialized focus and allows the participants to increase their aptitude for various
sports. Sports Camp has become extremely popular and due to the popularity and the
specific nature of the program, a fee increase is being recommended.
2.6 GENERAL ADMISSIONS
2.6.1 The Clarington Fitness Centre offers use of the squash courts on a pay-as-you-go as well
as a membership basis. Rates and fees for these admissions were approved through
Report CSD-09-04. The membership opportunities for squash court use include an
annual, three month or to-ticket pass for both Adults and Youth/Seniors. Typically the
1 Q-ticket pass is viewed as an opportunity for a slight discount over .paying the pay-as-
you:..go rate, as the purchaser is making an increased commitment to the program.
However, upon review of the approved rates and fees through Report CSD-09-04 as they
pertain to squash court use, some discrepancies were identified in the pay-as-you-go rate
for Adults. Therefore, an increase to this rate is being recommended at this time.
3.0 CONCLUSION
3.1 The Community Services Department continues to focus efforts on maintaining quality
services at reasonable rates, encouraging community participation and wellness. Upon
periodic review of our programs and services some discrepancies in fees, in comparison
to similar programs in neighbouring municipalities, have been identified and dealt with
through this report.
Attachments: - Attachment #1 - Rates and Fees
1014
A TT ACHMENT #1 TO REPORT CSD-09-06
MUNICIPALITY OF CLARINGTON
COMMUNITY SERVICES DEPARTMENT
PROPOSED AMENDED PROGRAM FEES & RATES
Family (2 adults & 2 youth / n/a n/a 18.00
child
Total Hockey Club Season n/a n/a 35.00
Ticket Holder
Facili Rental Rates
Rickard Recreation
Complex - Monday to
Thursda
Section - Licenced 10 hours 215.00 Delete Delete
Section - non-licenced 10 hours 155.00 Delete Delete
Section - Licenced (non- 10 hours 280.00 Delete Delete
resident
Section - non-licenced 10 hours 185.00 Delete Delete
non-resident
Rickard Recreation
Complex - Friday to
Sunda
Section - Licenced 10 hours 275.00 Delete Delete
Section - non-licenced 10 hours 185.00 Delete. Delete
Section - Licenced (non- 10 hours 330.00 Delete Delete
resident
Section - non-licenced 10 hours 225.00 Delete Delete
non-resident
Rickard Recreation
Coin lex - Meetin s
Communi Grou s Delete
Private Delete
Non-resident / commercial Delete
Schools Delete
1015
ATTACHMENT #1 TO REPORT CSD-09-06
1 hour / n/a 20.00 20.00
per person
(2 min / 3
max
Personal Training - group 5 hours / n/a 85.00 85.00
(5 hour package) per person
(2 min / 3
max
Personal Training - group 10 hours / n/a 160.00 160.00
(10 hour package) per person
(2 min /3
max
1{)16
Clocmgron
REPORT
CLERK'S DEPARTMENT
Meeting: General Purpose and Administration Committee
Date: May .872006
Report #: CLD-011-06
File #:
By-Iaw#:
Subject:
2006 Municipal Elections - Vote Counting Equipment
RECOMMENDA liONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CLD-011-06 be received;
2. THAT the municipal elections within the Municipality of Clarington be conducted using
vote by mail and for the ballots to be counted using automated vote counting
equipment; and
3. THAT the by-law attached to Report CLD-011-06, be forwarded to Council for
enactment.
~-~
PLB*AG
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506
. 1101
REPORT NO.: CLO-Q11-06
PAGE 2
BACKGROUND AND COMMENT
Section 42 of the Municipal Elections Act, 1996, as amended provides that a municipal council
may, by by-law, authorize the use of voting and vote-counting equipment such as voting
machines, voting recorders or optical scanning vote tabulators. Section 42 also authorizes the
use of an alternative voting method, such as voting by mail.
The Municipality of Clarington has conducted the past two municipal elections using the vote
by mail with the ballots being manually counted. .
On Jaunary 30,2006 Council authorized the Municipal Clerk.to enter into an agreement with
Dominion Voting Systems Corporation for the Supply of Automated Count Process for
Municipal Elections. (See Attachment 1).
Attachment 2 of this Report is a draft by-law authorizing the use of vote by mail and automated
vote counting equipment necessary to enable the Municipal Clerk to conduct the 2006
Municipal Elections in this manner. .
ATTACHMENT /11 By-law 2006-015
112 By-law
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 F 905-623-6506
1102
ATTACHMENT 1/1
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2006-015
Being a By-law to authorize a contract between the
Corporation of the Municipality of Clarington and Dominion
Voting Systems Corporation, Toronto, Ontario, to enter into
agreement for the Supply of Automated Count Process for
Municipal Elections.
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, Dominion Voting Systems Corporation, Toronto. Ontario, and
said Corporation; and
2. THAT the contract attached hereto as Schedule OIAOI form part of this By-law.
By-law read a first and second time this 30th day of January, 2006.
By-law read a third time and finally passed this 30th day of January, 2006.
1103
ATTACHMENT 112
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
By-Law 2006
Being a by-law to authorize the use of vote by mail and automated
vote counting equipment at Municipal Elections.
WHEREAS Section 42 of the Municipal Elections Act, 1996, as amended provides that a
municipal council may pass a by-law authorizing an alternative voting method including vote by
mail;
AND WHEREAS; Section 42 of the Municipal Elections Act, 1996, as amended provides that
the council of a municipality may, by-by-Iaw, authorize the use of automated vote counting
equipment for the purpose of counting votes at the municipal elections;
AND WHEREAS council deems it appropriate and in the public interest to conductthe
municipal elections using a vote by mail method and to use automated vote counting
equipment for the purpose of counting votes;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington authorizes:
1. The municipal elections be conducted using the alternative voting method of .Vote by
Mail"; and
2. The use of automated vote counting equipment for the purpose of counting votes at
municipal elections. .
This by-law shall come into full force and take effect as of the date of passing.
By-law read a first and second time this 15th day of May, 2006.
By-law read a third time and finally passed this 15th day of May, 2006.
John.Mutton, Mayor
C. Anne Greentree, Deputy Clerk
1104
CI~n
REPORT
CLERK'S DEPARTMENT
Meeting:
General Purpose and Administration Committee
Date:
May 8, 2006
Report #: CLD-012-06
File #:
By-law #:
Subject:
Bill S - An Act to amend the Children's Law Reform Act
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CLD-012-06 be received; and
2. THAT a letter of support for Bill S, Children's Law Reform Amendment Act, 2005
be forwarded to the Honourable Mary Anne Chambers, Minister of Children and
Youth Services, Kim Craitor, MPP, Niagara Falls and to John O'Toole, MPP,
Durham; and
3. THAT Zena Burns be advised of Council's decision.
Or
1. THAT Report CLD-012-06 be received for information; and
2. THAT Zena Burns be advised of Council's decision.
A~_./.~
Reviewed by: U . lA-) ~
Franklin Wu,
Chief Administrative Officer
PLB*
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506
1105
REPORT NO.: CLD-012-06
PAGE 2 of2
BACKGROUND
At the Council meeting held on April 18, 2006, lena Burns appeared as a delegation
requesting Council's support of Bill 8, Children's Law Reform Amendment Act, 2005 (the
Act). She stated that there are many grandparents who are being denied access to their
grandchildren during custody hearings and it is her hope that the passage of Bill a will
assist grandparents who find themselves in these situations.
Bill 8 amends the Act to emphasize the importance of children's relationships with their
parents and grandparents. The bill amends Part III of the Act dealing with Custody,
Access and Guardianship as follows:
(a) A new section will be added to require parents and others with custody of children
to refrain from unreasonably placing obstacles to personal relations between the
children and their grandparents.
(b) Subsection 24 (2) currently contains a list of matters that a court must consider
when determining the best interests of a child. Bill 8 amends that subsection to
include a specific reference to the importance of maintaining emotional ties
between children and grandparents.
(c) A new subsection will be added to require a court that is -C?Qnsidering custody of or
access to a child to give effect to the principle that a child should have as much
contact with each parent and grandparent as is consistent with the best interests of
the child.
(d) A new subsection will be added to require a court that is considering custody of a
child to take into consideration each applicant's willingness to facilitate as much
contact between the child and each parent and grandparent as is consistent with
the best interests of the child.
The Bill received second reading on November 24, 2005 and has been referred to the
Standing Committee on Social Policy.
It is respectfully recommended that the General Purpose and Administration Committee
pass either of the following recommendations:
1. THAT Report CLD-012-06 be received; and
2. THAT a letter of support for Billa, Children's Law Reform Amendment Act, 2005
be forwarded to the Honourable Mary Anne Chambers, Minister of Children and
Youth Services, Kim Craitor, MPP, Niagara Falls and to John O'Toole, MPP,
Durham; and
3. THAT lena Burns be advised of Council's decision.
Or
1. THAT Report CLD-012-06 be received for information; and
2. THAT lena Burns be advised of Council's decision.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 F 905-623-6506
1106
ClfJlilJglOn
REPORT
CLERKS DEPARTMENT
PUBLIC MEETING
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, May 8, 2006
. . Report #: CLD-013-06
File #:
By-law #:
Subject:
PROPOSED AUCTIONEER'S LICENCING BY-LAW
RECOMMENDATIONS:
It is respectfully recommended to Council::
1. THAT Report CLD-013-06 be received;
2. THAT, provided there are no significant issues raised at the public meeting, the By-law
attached to Report CLD-013-06 be forwarded to Council; and,
3. THAT the interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by:
Reviewed bYO~~
Franklin Wu,
Chief Administrative Officer
PLB/LC
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
1107
REPORT NO.: CLO-Q13-06
PAGE 2
1.0 STATUTORY REQUIREMENT FOR MEETING
Section 150 of the Municipal Act, 2001 requires municipalities to hold at least one public
meeting prior to the passing of any licencing by-law. The meeting is to allow any
individual with concerns or comments on the proposed provisions of the by-law to have
their chance to be heard. Notices were placed in the local media over the past month
advising the public of the impending meeting.
2.0 BACKGROUND
Auctioneers have been traditionally relied upon by the public to assist in the sale of goods
and the disposition of property. The potential for monetary harm to the public from an
unlicensed, unregulated auction industry is substantial. The licencing of these companies
establishes a uniform set of requirements for the industry within Clarington and protects
the consumer from possible fraud from an unscrupulous operator.
The current Auctioneer's By-law was passed in July 1974 with only minor amendments
over the years. The Municipal Act, 2001 now requires that any licencing by-law will expire
five years after it was enacted or within five years of the passage of the new Act. This
requires the municipality to continually review and update its by-laws.
3.0 STAKEHOLDERS NOTICE
In the first week of April of this year Staff placed the advertisement notice for the public
meeting in the local media. Since that time there have been two enquiries as to the
contents and intent of the by-law. A draft copy of the by-law has been available through
the Clerk's Department since April 24th.
4.0 STAFF COMMENTS
The proposed by-law has expanded on some of the existing licence requirements and
recognizes the reality of the current marketplace. The Municipality will not limit the
number of auctioneers permitted to operate. The proposed by-law does establish a
licence fee for those companies that wish to operate for a one time sale only. The price
for this is high enough to encourage the purchase of an annual lice rice but if the company
is adamant that it wishes to only sell on one occasion, the facility exists to allow this to
take place.
The by-law has been expanded in the areas of recordkeeping and recording of items sold.
Since it is not always apparent to the auctioneer that an item was stolen or fraudulently
obtained, these requirements will assist the police in the tracking and recovery of these
items thus protecting both the auctioneer and the buying public.
1108
REPORT NO.: CLD-013-06
PAGE 3
5.0 LICENCING FEES
When originally passed the fee for a licence was $50.00. This was increased to $60.00 in
1996. It is now proposed that the licence fee be increased to $75 for an annual licence
and $40.00 for a licence for a one time event. The Annual licence is valid for the calendar
year with no provision to pro-rate late year applicants.
The Municipal Act 2001 sets fines for non-compliance with the by-law. Convictions carry
a maximum penalty of $25,000 for an individual and $50,000 for a corporation.
Enforcement has traditionally been done by both the Municipal Law Enforcement Officers
and the Regional Police.
6.0 CONCLUSIONS
The purpose of this report is to satisfy the requirements of the Public Meeting under the
Municipal Act 2001. After hearing the comments received, it is respectfully recommended
that, provided there are no significant issues raised at the public meeting, th~ By-law
attached to Report CLD-013-06 be fo.rwarded to Council for approval.
Attachments:
Attachment 1 proposed by-law
List of interested parties to be advised of Council's decision:
Gary Hill Auctions Donald A. Stephenson
Frank Stapleton
John Berry
John Sharpe
Arnot Wotten Sr.
Michael MacGregor
Carl Hickman
Scott Hall
Terrance Jacobs
1109
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO.
Being a by-law to license, regulate and govern
Auctioneers in the Municipality of Clarington
and to repeal By-law 74-54 of the former Town of Newcastle
and all of its amendments
WHEREAS it is deemed expedient to exercise the powers conferred on Council
by the. Municipal Act, 2001, S. O. 2001, c. 25;
AND WHEREAS Council has determined that requiring auctioneers to meet
certain record keeping, accounting and financial requirements with respect to
proceeds of auctions protects consumers who have left goods to be auctioned;
/
AND WHEREAS Council has determined that requiring certain records to be
kept by auctioneers will assist the police in locating items that may have been
stolen and thereby protect consumers from purchasing stolen items;
AND WHEREAS Council has determined that licensing auctioneers protects
consumers as there is a record of licence holders and the ability to hold them
accountable where the business is not conducted in accordance with the law or
with honesty and integrity;
AND WHEREAS Council has determined that the ability to add conditions to,
suspend, revoke or refuse licences encourages licensees to comply with the by-
law requirements;
NOW THEREFORE the Council of the Corporation of the Municipality of
Clarington enacts as follows:
DEFINITIONS
"auction" means any public sale in which item(s) are sold or offered
for sale to the highest bidder whether in person or by newspaper,
television, radio, or other media.
"auctioneer" means a person who sells or puts up for sale item(s) by
auction and shall specifically include a person placing any item(s) for
sale to the highest bidder in any local media.
"Clerk" means Municipal Clerk of the Corporation of the Municipality
of Clarington or the Deputy Clerk acting in place of the Clerk;
"Committee" means the General Purpose and Administration
Committee of the Council of the Corporation of the Municipality of
Clarington;
"Council" means the Council of the Corporation of the Municipality of
Clarington;
1110
2
"Item(s)" shall include any goods, wares, merchandise, services,
effects, or property;
"Municipality" shall mean the Corporation of the Municipality of
Clarington;
1.0 GENERAL PROVISIONS
1.1 The fees for a licence under this By-law shall be as set out in Schedule "AD
attached hereto and forming part of this By-law.
1.2 No person shall act as an auctioneer without having made application and
having received a licence issued in the name of Council by the Clerk or
his/her delegate.
1.3 No person shall permit any other person to place an advertisement in any
local newspaper to auction any item(s) within the Municipality unless the
person placing the advertisement is licenced under this By-law.
1.4 No person shall permit or assist a person to act as an auctioneer within
the Municipality without a Municipal licence having been issued to that
person prior to the commencement of the auction.
1.5 No person shall broadcast an auction from the Municipality unless the
auctioneer acting therein has a licence issued under this By-law.
1.6 Every person who has received a licence shall allow any Police officer,
and any other person duly authorized, including any Municipal Law
Enforcement Officer to inspect at any reasonable time:
(a) the premises where an auction is being held; and
(b) the books kept in accordance with this By-law.
1.7 Every auctioneer shall keep good order in hislherauction room and offices
and shall keep proper books of account of the business transacted by
him/her as auctioneer, which books shall give the names and addresses
of persons depositing goods with him/her for sale, the description of the
goods, the price for which. same may be sold and the names and
addresses of persons purchasing such goods or any portion thereof.
1.8 No auctioneer shall conduct or permit to be carried on in his/her premises
any mock auction or shall knowingly or willfully make. or permit to be
1 1 1 1
3
made, any misrepresentation as to the quality or value of the goods,
wares, merchandise or effects which may be offered for sale by him/her.
1.9 Every auctioneer's licence shall be automatically suspended upon the
holder or one of the holders thereof making an assignment under any
statute respecting bankruptcy or any other assignment for the general
benefit of his/her creditors or upon his/her being declared or adjudged a
bankrupt. or upon his/her taking advantage of any other statute for the
benefit of insolvent debtors and he/she shall not again carry on the
business of an auctioneer without the express consent of Council.
1.10 Nothing in this By-law shall apply to a sheriff or bailiff offering for sale
goods or chattels seized under an execution or distrained for rent.
1.11 No person shall act as an auctioneer while a licence issued under this By-
law is suspended or revoked by Council.
1.12 No person shall viqlate any condition that Council places on a licence
issued under this By-law.
1.13 No . licence shall be required for an auctioneer or auction conducted by or
on behalf of a religious or charitable organization.
2.0 LICENCING PROCEDURE
2.1. Upon receipt of a compl~te licence application the Clerk shall either issue
or renew a licence hereunder or shall refer the matter to Councilor a
Committee of Council where appropriate under the provisions of this. By-
law or any other by-law of Council.
2.2 Unless otherwise specified in this by-law, every licence issued or renewed
pursuant to this By-law shall be valid for a period of one calendar year and
shall expire on December 3111 of each year. The licence fee shall not be
pro-rated or reduced in any way regardless of when the initial licence is
issued.
2.2.1 Notwithstanding Section 2.2. a licence may be granted for a single
individual auction event. Such licence shall be valid for the one auction
event only.
2.2.2 An applicant who has been licenced pursuant to section 2.2.1 may apply
for any number of single event auction licences. The procedure for each
1112
4
application shall be the same as for an annual licence and the fees to be
paid shall be as set out in Schedule A of this By-law.
2.3 The Clerk shall not process an application where that application is
incomplete. An application will be deemed incomplete where:
(a) required information has not been provided on the application form;
(b) information or documentation required by the Clerk as part of the
application process has not been provided;
(c) the prescribed licence fee is unpaid; or
(d) the Clerk has received an unsatisfactory report regarding an
investigation carried out pursuant to this By-law or any other by-law
of the Municipality and the conditions causing the report to be
unsatisfactory have not been remedied.
2.4 Where the Clerk receives an incomplete application, the Clerk shall, where
an address or other contact information has been provided, notify the
applicant that the application is incomplete and of the steps required to
complete the application.
2.5 Where the Clerk decides an application is incomplete, the applicant shall
have the right to appeal that decision to Councilor a Committee of
Council.
2.6 If the Clerk is unable to determine whether an application is incomplete.
he/she may refer the matter to Council or a Committee of Council for
consideration.
2.7 Where:
(a) the applicant or licensee does not meet the requirements of this By-
law or an~ other applicable law or by-law;
(b) there are reasonable grounds for belief that an application or other
document provided to the Clerk by or on behalf of an applicant or
licensee contains a false statement or provides false information;
(c) the past or present conduct of any person, including the officers.
directors, employees or agents of a corporation, affords reasonable
cause to believe that the person will not carry on or engage in the
business in accordance with the law or with honesty and integrity;
(d) without limiting the generality of Section 2.7(c), any person,
including the officers, directors, employees or agents of a
corporation, has contravened this By-law or any other by-law or .
federal or provincial statute or regulation while engaged in or
conducting the blJsiness;
1113
5
(e) any special conditions placed on a former or current licence of the
applicant or licensee under this By-law have not been met; or
(f) the provisions of this By-law provide grounds not to issue or renew
in the circumstances;
(g) the applicant is in breach of this or some other Municipal by-law or
law of Ontario or Canada;
(h) the applicant has been convicted of an offence pursuant to a similar
by-law in another municipality; or
(i) the applicant has a prior Criminal record, for whiCh he has not
received a Pardon,
the Clerk shall deny the application.
2.8 Notwithstanding section 2.7(i), if more than seven years have elapsed
since the final disposition date of the Criminal Record, and it is, in the
opinion of the Clerk, of a minor nature, the Clerk may approve the
application.
2.9 An applicant who has been denied a licence by the Clerk pursuant to
Section 2.7 may request that his application be heard by Committee or
Council, which may, in its discretion, issue the licence in question. Upon
request, the Clerk shall refer the matter to the Councilor to Committee.
2.10 Council or Committee shall consider the matter and the rules in Section 3
shailapply with necessary modifications.
2.11 In considering an application under Section 2.10, Council or Committee
may impose any conditions it sees fit as a requirement of obtaining,
continuing to hold or renewing a licence, including any condition which
would otherwise contravene any other provisions of the By-law.
2.12 When any matter has been referred or appealed to Council or a
Committee of Council, the applicant or licensee shall be given reasonable
notice of the time and place of the hearing and shall be invited to make
submissions.
2.13 When any matter has been referred or appealed to Councilor a
Committee of Council, after due consideration of the application or licence
and after Council or a Committee of Council has heard such
representations as the applicant or licensee and staff may care to make,
Council may direct thatthe licence be issued or renewed, or may refuse,
suspend, revoke or add conditioris to a licence where:
1114
6
(a) the applicant or licensee does not meet the requirements of this By-
law or any other applicable law or by-law;
(b) information or documentation required by the Clerk as part of the
application process has not been provided;
(c) the application is incomplete or the prescribed licence fee is unpaid;
(d) the Clerk receives an unfavourable report regarding an
investigation carried out pursuant to Section 2.7 of this By-law;
(e) there are reasonable grounds for belief that an application or other
document provided to the Clerk by or on behalf of an applicant or
licensee contains a false statement or provides false information;
(f) the past or present conduct of any person, including the offiCers,
directors, employees or agents of a corporation, affords reasonable
cause to believe that the person will not carry on or engage in the
business in accordance with the law or with honesty and integrity;
(g) without limiting the generality of Section2.13(f), any person,
including the officers, directors, employees or agents of a
corporation, has contravened this By-law or any other by-law or
federal or provincial statute or regulation while engaged in or
. conducting the business;
(h) any special conditions placed on a former or current licence of the
applicant or licensee under this By-law have not been met;
(i) the provisions of this By-law provide grounds not to issue or renew
in the circumstances; or
m the applicant or licensee has consented to the refusal. suspension,
revocation or adding of conditions to the licence.
2.14 Where a licensee is convicted of an offence under any federal or
provincial Act, any regulation made thereunder, or any by-law of the
Municipality in relation to or during the carrying on of the trade, calling,
business or occupation licensed hereunder, the licence may be
suspended forthwith by Council until such time as the matter can be heard
and finally determined by Council.
3.0 REVOCATION AND SUSPENSION
3.1 Council or Committee may revoke, suspend, impose any conditions upon,
or refuse-to issue or.renew any licence to any person under this By-law.
3.2 The Clerk is authorized to suspend any license issued to any person
under this by-law pending a review by Councilor Committee.
1115
7
3.3 Council or Committee may, in exercising the discretion mentioned in
Section 2.10, consider any matter raised under paragraph 2.7 or any other
matter that relates to the general welfare, health or safety of the public.
3.4 Hearing by Council or Committee:
a) The applicant will be advised of the date, place and time fixed for
such hearing at least five days prior to the hearing.
b) At such hearing, Councilor Committee shall receive a written report
from the Clerk and from such other persons, officers or agencies
who may be involved in the matter being considered by Council or
Committee.
c) Council or Committee shall not make a decision under Section 13.1
without first affording the person or applicant the opportunity to be
heard before the Council or Committee.
d) After such opportunity to be heard is afforded the person or
applicant, Council or Committee may make any decision in respect
of which the hearing was held or the opportunity for hearing
afforded without hOlding a further hearing or affording further
opportunity for a hearing in such matter.
e) Where the Councilor Committee conducts a hearing in respect of
any matter in this subsection, the rules set out in The Statutory
Powers Procedure Act shall apply to Council or Committee in the
exercise of its power of decision in respect to such matter.
3.5 Where Council or Committee has exercised it authority under section 3.1 ,
the decision of Council or Committee shall be binding only on the licence
as issued for ~e Municipality and shall not be deemed to affect a licence
as issued by another municipality.
4.0 FINANCIAL
4.1 The books maintained by the auctioneer shall be in sufficient detail to
show:
(a) all money received in trust for clients;
(b) all disbursements out of money held in trust;
(c) the unexpended balance of money held in trust for each person for
whom such money is held; and .
(d) all other money received and disbursed in connection with his/her
business.
..
1116
8
4.2 Every auctioneer shall pay the proceeds of any goods sold by him/her on
behalf of a client into an account designated as a trust account at a
chartered bank, trust company or a credit union.
4.3 Section 4.2 shall not apply to:
(a) money which is forthwith paid over to the client;
(b) money which is paid into a separate account opened or to be
opened in the name of the client or some person named by that
client as the duly authorized agent of that client;
(c) money which, with the client's authority, is paid to a third party; or
(d) the auctioneer's reasonable fees and disbursements.
4.4 The auctioneer shall not pay any of his/her own monies into the trust
account provided that where he/she receives money or security for money
representing in part money belonging to a client and in part money
belonging to him/her and it is not practical to split the money, he/she shall
pay the whole of such money into the trust account and thereafter
withdraw that part of the money therefrom that belongs to him/her.
4.5 At all times, the auctioneer shall maintain sufficient balances on deposit in
the trust account or accounts to meet all his/her obligations with respect to
funds held in trust for clients.
4.6 No money shall be drawn from the trust acco~nt other than money
required for payment to or on behalf ota client or money drawn to be paid
to the auctioneer in respect of a liability of the client to the auctioneer,
provided that money so drawn shall not in any case e~ceed the total
amount of the money held for the client.
4.7 All the records and books as referred to in this By-law shall be made
available for inspection upon request of a police officer or Municipal Law
Enforcement Officer. Failure to provide the records and books as required
by this section shall constitute an offence.
5.0 ENFORCEMENT
5.1 Every person other than a corporation who contravenes any provision of
this By-law and every director or officer of a corporation who concurs in
such contravention by the corporation is guilty of an offence and is liable,
upon conviction, to a fine as set out in the Municipal Act, 2001, S.O. 2001,
c.25.
1117
9
5.2 Every corporation that contravenes any provision of this By-law is guilty of
an offence and is liable, upon convictic;m, to a fine as set out in the
Municipal Act, 2001, S.O. 2001, c. 25.
6.0 VALIDITY
6.1 It is hereby declared that each and every of the foregoing Sections of this
By-law is severable and that, if any provisions of this By-law should for
any reason be declared invalid by any court, it is the intention and desire
of Council that each and every of the then remaining provisions hereof
shall remain in full force and effect.
7.0 REPEAL. ENACTMENT
7.1 By-law 74-54 of the former Town of Newcastle and its amendments are
hereby repealed.
7.2 This By-law comes into force and effect on the date of its passage
By-law read a first and second time this day of May, 2006.
By-law read a third time and finally passed this
day of May, 2006.
John Mutton, Mayor
C. Anne Greentree, Deputy Clerk
1118
10
SCHEDULE "A"
By.law 2006-
BUSINESS LICENCE FEES
AUCTIONEER (ANNUAL)
$75.00
AUC"!"IONEER (SINGLE EVENT)
$40.00
1119
Cl!J!mgron
REPORT
CLERK'S DEPARTMENT
Meeting: General Purpose and Administration Committee
Date: May 8, 2006
Report #: CLD-014-06
File #:
By-Iaw#:
Subject:
Canada Day in Clarington
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CLD-014-06 be received; and
2. THAT Committee provide direction with respect to the request of the Rotary Club of
Courtice for a municipal grant.
PLB
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506
1120
REPORT NO.: CLD-014-Q6
PAGE 2 of2
BACKGROUND
At the Council meeting of February 13, 2006, Council considered correspondence from
the Rotary Club of Courtice requesting that the Municipality partner with them with respect
to Canada Day celebrations. At that time, the request was approved in principle and
referred to staff.
The Canada Day celebration is a fund raising event for the Rotary Club of Courtice. The
majority of the funds raised through the event will go to the R.S. McLaughlin Durham
Regional Cancer Centre through the Heroes of Hope Campaign. This campaign raises
funds to ensure that patients and families in Durham Region have the cancer care they
need, close to home. A portion of the funds raised will also be used to support the Club's
long-term "Field of Dreams" project which is the revitalization of the Courtice South
Memorial Park and will provide a focal point for the community to host their events, sports
and much more.
The event planned for 2006 is being held at the Garnet B. Rickard Recreation Complex
and will open at 5:00 p.m. with a barbeque and live music. The Backstreet Band a
perhaps a dance group will be providing the music. A children's activity area will be set
up.
The official ceremonies will be at approximately 8:30 p.m. with greetings from the Mayor,
MPP and MP or their designates. The Rotary Club is also exploring a Citizenship
Ceremony being included. A fireworks display will occur at dusk.
The Rotary Club is anticipating approximately 8000 people to attend the event.
The request of the Rotary Club is for the Municipality to provide a grant in the amount of
$5000 to assist with the promotion and advertising of the event. As a partner, the
Municipality will be publicly recognized and identified in/on all of the advertising and
promotional material. As well, the Municipality will be recognized throughout the event
with a banner presence and through public announcements programmed continuously
throughout the event.
Last year, the Municipality provided a grant in the amount of $2000 for this event. The
Treasurer advises that there is currently $16,000 remaining in unallocated grant funding.
It is respectfully recommended that Committee provide direction with respect to the
request of the Rotary Club of Courtice for a municipal grant.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506
1121
. C/.!!!:ipn
REPORT
, .".
CORPORATE SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
May 8, 2006
Report #: COD-018-06
File #_
By-law #
Subject:
Lions Club Offer to Lease, Clarington Beech Centre
Recommendations:
It is respectfully recommended that the General PurPose and Administration Committee
recommend to Council the following:
1. THAT Report COD-018-Q6 be received;
2. THAT the offer from the Lions Club for the lease of space in the Claririgton Beech
Centre in the amount of $929.86 / month for the term of September 1, 2006 to June 30,
2007 be approvedi ~p,g
3. THAT the attached By-law marked Schedule "A" authorizing the Mayor and the Clerk to
execute the lease agreement with the Lions Club be forwarded to Council for approval.
Submitted by
arie Marano, H.B.Sc., C.M.O.
Director of Corporate Services
R. db /~\~~~
eVlewe yU ..
Franklin Wu,
Chief Administrative Officer
MM\\LAB\km
1201
REPORT NO.: COD-018-06
PAGE 2
BACKGROUND AND COMMENT
The existing lease with the Lions Club expires June 30, 2006.
An offer has now been received from the Lions Club to lease the space for the period of
September 1, 2006 to June 30, 2007. A nominal 2% increase in the price is proposed. Thereby
increasing the price to $929.86 per month.
As there has been very little change in the market conditions since last year, it is staff's
recommendation that the offer be accepted.
As with the previous agreement, rental fees for the Lions Club. meetings will be paid directly to
Clarington Older Adult Centre and are not included in this lease agreement.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-4169
.1202
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 Lions Club,
Bowmanville, Ontario, to enter into agreement for the lease of
Clarington Beech Centre, 26 Beech Street, Bowmanville,
Ontario.
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, Lions Club, 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
1203
THIS LEASE is made the _ day of ,2006
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
(the ftLassor")
OF THE FIRST PART
- and -
THE LIONS CLUB OF BOWMANVlLLE, ONTARIO
, a company Incorporation under the laws of the Province of Ontario
(hereinafter called the -Lessee-)
OF THE SECOND PART
LEASE AGREEMENT
1204
TABLE OF CONTENTS
. ,
ARTICLE ONE DEMISED PREMISES, TERM AND USE............:..................................... 5
1.1 Demised Premises ........................................................................................ 5
1.2 Facilities and Equipment ......~....................................................................5
1.3 T enn .......:.......................................................... ............................................ 5
1.4 Use ................................................................................................................ 5
1.5 Nuisance................... ..................................................................................... 6
ARTICLE TWO RENT AND OTHER CHARGES ............................................................... 6
2.1 Rent........ .................................... .............. ...................................................... 6
2.2 Rent Past Due ...................................:............................................................ 6
2.3 Other Charges
ARTICLE THREE REPAIRS, MAINTENANCE AND ALTERATIONS ............................... 7
3.1 Lessor's Duty to Repair, to Heat and to Provide Utilities .............................. 7
3.2 Lessee's Duty to Maintain ............................................................................. 7
3.3 Cost of Remedying Lessee's Default............................................................ 7
3.4 Prior Approval Required of Lessee's Alteration of Prem~ ........................ 7
3.5 Construction Liens......................................... ................................................ 8
ARTICLE FOUR REMOVAL OF TENANT'S FIXTURES AND EQUIPMENT .................... 8
4.1 Right to Remove Fixtures, etC. ....................................,................................. 8
ARTICLE FIVEACCESS AND ENTRy............................................................................... 8
5.1 Access to Demised Premises ....................................................................... 9
5.2 Entry not Forfeiture ................... .......... ......... ............... .................... ............... 9
ARTICLE SIX INSURANCE AND INDEMNITY .................................................................. 9
6.1 Lessee's D~ to Insure .....................................................................;........... 9
6.2 T enns of Policies ............................................................. ............................ 10
6.3 Evidence of Policies ....................................................................... ............. 10
6.4 Failure to Provide Insurance ....................................................................... 10
6.5 Indemnity ............. ...... ............... ............. ........ ................ ................. ............. 1 0
6.6 Responslbillty for Loss or Damage ............................................................. 11
6.7 Benefit of Indemnity, etc. ............................................................................. 12
6.8 Dangerous Use ........................................................................................... 12
ARTICLE SEVEN DAMAGE AND DESTRUCTION ......................................................... 13
7.1 Damage to Demised Premises ................................................................... 13
7.2 Insured Damage to or Destruction of Demised Premises........................... 13
7.3 Uninsured Damage to Demised Premises................................................... 13
7.4 T ennination of Lease After Destruction or Damage to Demised
Premises............ ....... ............... ..... ................ ....................... ............. ........... 14
7.5 Actions Following Tenninatlon .................................................................... 14
7.6 Restoration of Demised Premises If Lease Not Terminated...................... 14
7.7 Restoration and Insurance Proceects.......................... .................. .............. 14
7.8 Detenninatlon of Matters .................................................. ........................... 15
7.9 Umitation of Liability .................................................................................... 15
ARTICLE EIGHT ASSIGNMENT, LEASE .......;................................................................ 15
8.1 Consent Required ....................................................................................... 15
1205
ARTICLE NINE
. .
DEFAULT........ ........... ........ ...........u.......... ...................... ............. ..... .......... ......... 16
9.1 Events of Default ............... ........ ..................... ..................... ........................ 16
9.2 Right of Re-Entry ......................................................................................... 16
9.3 Legal Exoenses to Recover Possession..................................................... 16
9.4 Right of t errnlnation .......................................... .................. ........................ 16
9.5 Right to Re-Iet.......................................................................... .................... 16
9.6 Separate Remedies...... ............................................................................... 17
ARTICLE TEN GENERAL PROVISIONS .............................................~........................... 18
10.1 Definitions.................................................................................................... 18
10.2 Schedules Form Part of Lease.................................................................... 19
10.3 Quiet Enjoyment.............. ............................................................................ 19
1 0.4 Covenants ........ ................................................~... ....................................... 19.
10.5 No Partnership or Agency ........................................................................... 19
10.6 PST and GST ............................................................... .........~..................... 19
10.7 Overholding No Tacit Renewal.......................................:............................ 19
1 0.8 Waiver ................. ............ ................................................. ...................... ..... 19
10.9 Distress..... .... ...................... ................................... ...................................... 20
. 10.10 Costs ........................................................................................................... 20
10.11 Set-Off and Accord and Satisfaction ........................................................... 20
1 0.12 Authority of Lessor, ete.......... ......................................... .......... .......... ......... 20
10.13 Rules Regarding Operation of Demised Premises and Areas ................... 20
10.14 Demised Premises and Areas to be Smoke-Free ...................................... 20
10.15 Not Used...................................................................................................... 20
10.16 Not Used ....................................... ...........................................................:.. 20
1 0.17 AcknowIed~ement Basement and Second Floor Not Improved ................. 20
10.18. Use of Additional Areas by the Lessee ....................................................... 21
10.19 Lease Subject to. Lease............................................................................... 21
1 0.20 Notices.. ..... ...................................... ........................ .................................... 21
1 0.21 Force Majeure ..... ................................ ................................. ....................... 21
10.22 Time of Essence.... ...................................... ............... .................. ............... 22
1 0.23 Enforceability.. .......... ...... ......................................................... .................... 22
1 0.24 Enurement... .................. ........... ........ ....................... ............. ....................... 22
1 0.25 Governing Law. .................... ....... ............................................. ........... ......... 22
Schedule -A- - Floor Plan
1206
THIS LEASE is made the _ day of ,2006
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
(the "Lessor")
OF THE FIRST PART
-and-
THE LIONS CLUB OF BOWMANVlLLE. ONTARIO
. a company incorporation under the laws of the Province of Ontario
(hereinafter called the -Lessee-)
OF THE SECOND PART
WHEREAS:
The Lessor has agreed to lease to the Lessee and the Lessee has agreed to lease from the
Lessor, the dasignatecl space Iocatecl in the building known as the C1arington Older Adult Centre
for Municipal Purposes known as 26 Beech Avenue, Bowmanville, Ontario.
Now therefore this lease witnesses that In consideration of the rents, covenants and agreements
hereinafter reserved and contained on the part of the Lessor and the Lessee, the Lessor Jeases to
the Lessee, and the Lessee leases from the Lessor, the Premises on the following termS.
1207
ARTICLE I
DEMISED PREMISES. TERM AND USE
1.1 Demised Premls..
The Demised Premises comprising both (1) the two rooms on the second floor of the Building
. which rooms are identified as the Day Nursery Facilities and are outlined in blue on the ftoor
plans contained in Schedule "A' hereto, and (2) the storage room on the second fIooI: of the
aforesaid Building which is identified as the Storage Room which is outlined in blue on the floor
plans contained in Schedule "A" together with a non-exduslve easement which may be.
exercised by the Lessee, its employees, licensees, invitees and guests to use the west
staircase identified on the floor plans contained in Schedule "A" hereto for the purpose of
ingress to and egress from the aforesaid Day Nursery Fadlitles during the hours of 8:00 a.m.
and 4:30 p.m., Mondays through Thursdays from September 1 to June 30 of each year or part
of a year of this Lease and any extension or renewal thereof.
The demised premises indude non exdusive use of the washroom on the second floor of the .
aforesaid Building which is identified on the floor plans in Schedule "A' hereto.
1.2 Term
The Term of this lease shall commence on September 1, 2006 (the .Commencement Date")
and shall terminate June 30, 2007.
. 1.3 .uu
(a) Throughout the Term of this Lease and any extension or renewal thereof, the
Lessee shall use, permit or suffer the Day Nursery Fadlltles.to be used only for the
purpose of a licenced day nursery under the Day Nurseries Act, the Storage Room
to be used only for the purpose of storage of the Lessee's fumlture, equipment and
supplies for the purposes set out In this Lease. Throughout the Term of this Lease
and any extension or renewal thereof, the Lessee shall use, permit or suffer the
Leased Areas, Facilities and Equipment only for the purposes intended by and
during the times set oUt In this Lease.
(b) At all times throughout the Term of this Lease and any extension or renewal thereof,
the Lessee shall continuously, actively and diligently cany out, cause, or suffer the
use of the Demised Premises and every part thereof in compliance with alj
applicable laws and. the provisions of this Lease and shall not use or occupy or
permit or.suffer the use or occupancy of the Demised Premises or any part therefore
for any other purpose. The Lessee at Its cost shall obtain all necessary permits or
licences required by applicable law In respect of any use which the lessee or any
person who daims under the Lessee, may make or permit or suffer any other person
. to make of any part of the Demised Premises.
. (c) The Lessee acknowleclge and agrees that the Lessor shall not be responsible for
any of the Lessee's costs, liabilities, or responslblties In respect of employment
contracts made by the Lessee with full-time or part-time employees of the Lessee or
volunteers of the Lessee. None of the full-time or part-time employees of the
Lessee shall be considered or deemed to be employees of the Munidpality for any
purpose, and none of them shall be considered to be required or to be eligible to
participate In the Ontario Munidpal Employees Retirement System. Prior to hiring
employees, the Lessee shall bring the content of this paragraph 1.4 (c) to their
attention.
1208
1.4 Nuisance
The Lessee shall not commit, permit or suffer (i) any waste, damage or Injury to the Demised
Premises including, without limitation, the improvements, installations, fixtures and equipment
thereon or therein: (Ii) any nuisance In or on the Demised Premises; (Iii) any overloading of any
HVAC system, any utility or electrical, plumbing system, mechanlCRJ equipment, facilities or
other facilities or systems within or serving the Demised Premises; and (iv) any waste, damage
or injury of the Premises or any part thereof or of any other systems serving the Premises or
any part thereof. The Lessor In its sole discretion, may determine whether the Lessee Is In
breach of any provision of this Section 1.5.
ARnCLE II
RENT AND OTHER CHARGES
2.1 Rent
The Rent reserved by the Lessor by this Lease is eleven thousand, one hundred and fifty eight
dollars and thirty five cents ($11,158.35) per annum payable in equal monthly instalments of
nine hundred and eleven dollars and sixty three cents ($929.86) In advance with the first
instalment being due and payable on the Commencement Date, in equal monthly Instalments in
advance.
2.2 Rent Past Due
Except as otherwise provided in this Lease, if the LesSee pays the Rent reserved hereby, fully
performs all of Its covenants and duties under this Lease and no Event of Default has occurred,
the Lessee shall be entitled to peaceful and quiet enjoyment of the Demised Premises for the
Term without interruption or interference by the Lessor or any person claiming through the
Lessor.
2.3 Other Charaes
(a) In each and every year during the Term of this Lease and any renewal or extension
thereof, the Lessee shall be responsible for and pay and discharge promptly when due all
municipal taxes and levies, Including all general upper-tier levies, all special upper-tier levies,
and all education taxes or levies if applicable, all charges for telephone used upon or In respect
of the Demised Premises or for fittings, machines, apparatus, meters or other things leased in
respect thereof, and all work and services performed by any corporation or commission in
connection with such utilities, provided that if the Lessee or Demised Premises are exempt from
the payment of either or both municipal ~xes and levies and taxes or levies, the Lessee shall
pay to the Lessor an amount(s) equal to the taxes and levies that would be paid and on the
same day as would have been the case if the Lessee or the Demised Premises was not
exempt
Without limiting the foregoing In any way, during the Term, the Lessee shall also be responsible
for and shall pay prqmptly the aggregate of all expenses and costs of. every kind, without
duplication,. Incurred by or on behalf of the Lessor for which the Lessee Is responsible under the
provisions of this Lease with respect to maintenance of the Demised Premises.
(b) The Lessee shall (I) provide the Lessor within ten (10) days after receipt of same any tax
bills, assessments, utility charges and other notices regarding the foregoing and (II) promptly
deliver to the Lessor receipts evidencing the payment of all the foreaoina. If rflMivAtt hv tM
1209
ARTICLE III
REPAIRS. MAINTENANCE AND ALTERATIONS
3.1 Lessor's Duty to ReDalr. to Heat and to Provide Utilities
Except as otherwiSe provided In this Lease, the Lessor at all times throughout the Term of the
Lease and any extension or renewal thereof shall repair and keep In repair the Demised
Premises.. The Lessor shall also repair and keep in the repair those portions of the Premises
which maybe be used by the Lessee as provided in this Lease Including all exterior areas of the
Premises. The Lessor at its cost shall heat the Demised Premises between October 15" and
April 111 of each year and provide electricity and water services to the Demised Premises. .
3.2 Le....'. Duty to Maintain
The Lessee at all times throughout the TeRn shall keep In a clean arid tidy condition free of
debris and garbage and shall maintain to a reasonable standard the Demised Premises as
provided in this Lease, provided that all exterior and interior areas of the Premises which may
be used by the Lessee on a non-exclusive basis shall be maintained by the Lessor.
3.3 Cost of RemedYIna Le....'. DefauH
If the Lessee breaches Its duty under SectIon 3.2 for a period of fifteen (15) days after being
given written notice by the Lessor specifying with reasonable particularity the breach(es) in
question, in addition to the other remedies available for the Lessor under this Lease and
Ucence Or under the applicable law, the Lessor may enter upon the Demised and perform the
maintenance in question. The Lessor's Administrator will notify the Lessee in writing of the cost
of doing so and forthwith thereafter the Lessee shall pay an amount equal to such cost to the
Lessor.
3.4 Prior ADoroval Reaulred of Le...... Alteration of Preml...
(a) No alteration shall be made to any part of the Demised Premises or the
Premises by the Lessee without the written approval of the . Lessor's Administrator being first
obtained. The Lessee shall submit to the Lessor details of the proposed alterations, Including,
without limitation, plans, drawings and specifications prepared by qualified architects or
engineers in conformity with the Lessor's then current building standards. All such alterations
shall be performed (I) at the sole cost of the Lessee, (II) by contraCtors and workmen
designated, provided or approved by the Lessor, (iii) In a good and workmanlike manner, (Iv) in
accordance with plans, drawings and specifications approved In writing by the Lessor and,
where required, by other authorities having Jurisdiction; (v) In satisfaction of all applicable legal
and Insurance. requirements, (vi) subject to reasonable regulation, supervision, control and
inspection by the Lessor, and (vii) only after there is provided to the Lessor such Indemnification
against construction liens and evidence of such additional Lessor's Insurance as the Lessor
may reasonably require.
(b) Whether or not the Lessor gives its approval to a Proposal alteration, the Lessee
shall pay to the Lessor, on demand, all of the Lessor's reasonable costs (Including, without
limitation, fees and disbursements of architects, engineers and designers) Incurred In reviewing,
consulting in respect of, approving, Inspecting and supervising any and all such alterations.
The Lessor shall have the right to require the Lessee to make a payment to the Lessor In
respect of such costs as a precondition to the Lessor's granting any necessary.approval
thereof. Such reasonable costs shall be deemed to Include, without limitation, all amounts paid
or payable by the Lessor to third parties, and all reasonable charges of the Lessor for the cost
of providing its own personnel.
(c) The Lessor's approval of any alteration or plans, drawings or speclflC8t1ons with
respect thereto shall not constitute a waiver by the tessor of the Lessee's obligations herein to
comply with all laws and all requirements of all authorities with respect to such alterations, nor
~hall the Lessor's approval constitute an acknowledgement or agreement by the Lessor that
such laws and requirements have been compiled with.
1210
3.5 Construction Liens
The Lessee shall promptly pay for all materials and services supplied and work done on its
behalf in respect of the Demised Premises or the Premises so as to ensure that no claim for
lien under the Construction Uen Act is registered against any portion of the Demised Premises,
or the lands which comprise part of the Premises.
If a claim of a lien is registered on titJe,the Lessee shall discharge it at Its expense within ten
(10) days thereafter, failing which the Lessor, at its option, may discharge the lien by paying the
amount claimed to be due into Court or directly to the lien claimant. All expenses of the Lessor
including, without limitation, legal fees (on a solicitor and .his client basis) shall be paid by the
Lessee to the Lessor forthwith after the Lessor's Administrator gives the Lessee written notice
requiring it to do so.
ARTICLE FOUR
REMOVAL OF TENANT'S FIXTURES AND EQUIPMENT
4.1 Right to Remove Fixtures. etc.
During the Term or on its expiration, when it is not In default of performance of any of Its
covenants under this Lease, the Lessee at its cost may remove. Lessee's fixtures, equipment
and personal property from the Demised Premises, provided that the Lessee at Its. cost shall
restore Demised Premises or area by making good any damage that has occurred either by the
installation of Lessee's fixtures, equipment or personal property or by the removal of any of
them from any part of the Demised Premises or area. If the Lessee does. not remove Its
fixtures, equipment and personal property from the Demised Premises at the expiry of the
Term, they shall become the absolute property of the Lessor without prior notice being given to
the Lessee or compensation therefore being paid by the Lessor to the Lessee, and the Lessor
shall be free to use or to dispose of the same and to appropriate the proceeds of disposal to the
Lessor's own use absolutely. The Lessor's rights and the Lessee's duties under this Section
4.1 shall survive the expiry or eariier termination of the Term and any extension or renewal
thereof.
AR11CLEFIVE
ACCESS AND ENTRY
5.1 Access to Demised Premises
(a) Without limiting any other right which the Lessor may have pursuant to this Lease or at
law, the Lessor shall have the right, but not the obligation, following reasonable written notice to
the Lessee (except In the case of an emergency or apprehended emergency where no such
notice shall be. required), to enter the Demised Premises at any time and for any of the
following purposes:e
(I) to examine the Demised Premises or to perform any maintenance, repairs,
replacements, alterations or improvements to the Demised Premises or any part thereof
as may be permitted or required by this lease, or to perform any maintenance, repairs,
replacements, alterations or Improvements to the Building, or any part thereof or to the
HVAC System or to any mechanical, electrical or plumbing equipment or systems, or
any part thereof, within or serving the Derrised Premises or any part thereof;
(ii) to preserve and protect the Demised Premises, or any part thereof in respect of any
construction or other work being performed In Demised Premises adjoining or in the
vicinity of the Demised Premises, or on any part of the Demised Premises; .
(Iii) for any purposes as determined by the Lessor in cases of emergency;
1211
(iv) to read any utility or other similar meter located in the Demised Premises;
(v) during the last twelve (12) months of the Term (or any renewal or extension Term If
renewed or extended), but only during normal operating hours, to show the Demised
Premises to prospective Lessees, and to permit them to make inspections,
measurements and plans;
(vi) to exercise any of the rights available to the Lessor pursuant to this lease or to perform
such work in respect of the Demised Premises, or any part thereof, as the Lessor shall
deem necessary.
(b) The Lessor shall have the right to take into the Demised Premises all such material and
equipment as It may require in connection with any of the purposes referred to in this Section
5.1. The Lessor shall exercise its rights under this Section 5.1, to the extent reasonably
possible In the circumstances, In such manner and at such times as the Lessor's Administrator
shall determine, and to the extent practical in the circumstances, so as to minimize interference
with the Lessee's use and enjoyment of the Demised Premises.
8.1 L....... Dutv to Insure
The Lessee shall obtain and maintain throughout the Term of this Lease and any extension or
renewal thereof:
(I) all risk Insurance. on all property of every description, nature and kind owned by the
Lessee or for which the Lessee is legally liable located within the Demised Premises In
Its own name; naming the Lessor as an additional Insured, In an amount not less than
the full replacement cost thereof without deduction for depreciation; such Insurance shall
be subject to a replacement cost endorsement; any dispute as to the amount of the
replacement cost shall be settled by the Lessor or by a consultant appointed by the
lessor at the Lessee's cost; .
(II) general liability and property damage Insurance Including Lessee's legal liability In the
minimum amount of Five Million Dollars ($5,000,000), naming the Lessor as an
additional Insured, and containing a cross-liabllity .ndorsement, and other terms and
conditions satisfactory to the Lessor's Treasurer, acting reasonably.
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6.2 Terms of Policies
Each policy of insurance referred to in Section 6.1 shall be in form and substance and with
insurers reasonably acceptable to the Lessor's Treasurer. Each of the Insurance policies shall
contain (i) an undertaking by the insurers under such policies that no material change adverse
to the Lessor or Lessee will be made, and the policy will not be cancelled or tenninated, except
after not less than thirty (30) days written notice by registered mail to the Lessor and the
Lessee of the intended change, cancellation or termination, and (Ii) a clause stating that the
Lessee's insurance policy shall be primary insurance and shall not call into contribution and
shall not be excess to any other insurance that may be available to the Lessor. Each of the
policies referred to In Section 6.1 shall contain a waiver, In respect of the interests of the Lessor
of any provision in any such insurance polic!es with respect to any breach or violation of any
warranties, representations, declarations or conditions contained In such policies.
6.3 Evidence of Policies
The Lessee shall provide to the Lessor for acceptance prior to the earlier of the
Commencement Date and the date it occupies the Demised Premises for any purpose,
evidence satisfactory to the Lessor's Treasurer of such insurance or, If required by the Lessor's
Treasurer, evidence In the form of copies of the policies certified to be true copies by an officer
of the insurer and signed by the insurer. In addition, upon request by the Lessor or upon the
placement, renewal, amendment or extension of all or any part of such insurance, the Lessee
shall immediately provide to the Lessor evidence of such insurance In and completed In
accordance with the Lessor's standard form of. certificate of insurance or, If required by the
Lessor's Treasurer, evidence In the form of copies of the policies certified to be true copies by
an officer of the Insurer and signed by the insurer.
6.4 Failure to Provide Insurance
The cost or premium for each and every such policy shall be paid by the Lessee prior to the. due
date therefor. If the Lessee falls to take out or maintain such Insurance or falls to provide to the
Lessor such certified copies of Insurance and certificates of Insurance 88 herein required, or If
any such insurance Is not acceptable to the Lessor's Administrator (and If. the Lessee falls to
commence to diligently rectify and thereafter proceed to dlllgenUy rectify the situation within
forty-elght (48) hours after written notice by the Les8Ol"to the Lessee (stating, If the Lessor,
from time to time, does not approve of such Insurance, the reasons therefor), then the Lessor
shall have the right, but not the obligation, to do so, to pay the cost or premium therefor, without
prejudice to any other rights or remedies of the Lessor under this lease or at law, and In such
event the Lessee shall repay to the Lessor, on demand, the amount 80 paid.
8.5 IndemnItY
Notwithstanding any other provision of this . lease, the Lessee shall Indemnify the Lessor and. all
of Its agents, officers, employees, contractors, consultants, workers and persons for whom the
Lessor Is in law responsible (collectively in this SectIon 6.5 and In SectIon 6.6 called -Lessor's
Employees-) and shall hold them and each of them hannlesa from and against any and all
liabilities, actions, proceeding, damages, claims, losses (Including, without limitation, indirect or
consequential damages that may be suffered or sustained by the Lessor or any of the Lessor's
Employees and loss of Rent and all other amounts payable by the Lessee under this Lease)
and expenses (Including, without limitation, all legal fees and disbursements) whatsoever,
howsoever arising from or out of this Lease, and without lImiting. the generality of the foregoing,
howsoever caused by, due to, arising from, or to the extent contributed to by any of the
following:
(I) any breach or default by the Lessee of or under any of the provisions of this Lease;
(il) any lien under the Construction Lien Ad, R.S.O. 1990, c.30 as amended from time to
time respecting the Demised Premises or an area which Is part of the Ucenced Areas,
Facilities and Equipment or the lands included In the Premises;
1213
(iii) any act or omission of the Lessee or any other person on or permitted on the Demised
Premises, or any use or occupancy of, or any articles in, the Demised Premises or any
part thereof, or any use or occupancy of any other part of the Building or the Lands by
the Lessee or any of its agents, employees, invitees, licensees, Lessees, assignees,
concessionaires, contractors or persons for whom the Lessee is In law responsible
(collectively in this Section 6.3 and in Section 6.4 called -Lessee's Employees-);
(iv) any act or omiss.ion of the Lessee or any of the Lessee's Employees on the Demised
Premises or elsewhere in, on or about the Demised Premises or any part thereof;
(v) any Injury, personal discomfort, Illness, death or loss, costs, expenses or damages
whatsoever, direct or indirect or consequential, however caused or arising (I) to persons
or property of the Lessee or any of the Lessee's Employees or any other persons In, on
or about the Building or the Premises or any part thereof by or with the Invitation, licence
or consent of the Lessee and/or (II) which Is excluded from the Lessor's liability or
responsibility under Section 6.6(b);
(vi) any accident or bCCUrrence In, on or at the Demised Premises including, without
limitation, any such accident or occurrence causing Injury or death to any person or
damage to property or any other loss or injury whatsoever; and/or
(vii) any damage, destruction or need of repair or replacement to any part of, or otherwise
relating to, the Demised Premises or any other part of the Building, or any damages
Incurred by the Lessor or by any occupant of the Building or any part thereof, caused by
any act or omission of the Lessee or any of the Lessee's Employees, notwithstanding
any other provisions of this Lease.
If the Lessor, without fault on Its part, is made a party to litigation commenced by or against the
Lessee, the Lessee shall Indemnify and hold harmless the Lessor from. and against all legal and
other costs. The Lessor, at Its option, may participate In, or assume carriage of,any litigation or
settlement discussions relating to the foregoing, or any other matter for which the Lessee Is
. required to indemnify the Lessor under this lease. Alternatively, the Lessor may require the
Lessee to assume carriage of and responsibility for all or any part of such litigation or
discussions. The Lessee shell pay all legal costs Incurred or paid by the Lessor in enforcing the
provisions of this lease. For greater certainty the Lessee's obligations contained in this Section
6.5 shall survive the expiration or earlier termination of the Term and any extension or renewal
thereof.
8.8 R.sDOnslbllltv for Los. or Damaae
The provisions of this Section 6.6 shall govern notwithstanding any other provision of this
Lease.
(a) Except where the Lessor.or a person for whose acts or omissions he is responsible In
law is negligent, the Lessor shall not be liable for any death or Injury arising from or out of any
occurrence whatsoever In. upon, at or relating to the Demised Premises, or the Premises, or
damage to the property of the Lessee or of others located on the Demised Premises or the
Premises, from any cause whatsoever other than the negligence of the Lessor or a person for
who acts or omissions the Lessor Is responsible In law, nor shall the Lessor be responsible for
any loss of or damage to any property of the Lessee, Lessee's Employees, or others from any
cause whatsoever, nor shall the Lessor be responsible for any Indirect or consequential
damages that may be suffered or sustained by the . Lessee or any others from any cause
whatsoever.
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(b) Without limiting the generality of the foregoing, the Lessor shall not be liable or
responsible in any way for any death, injury (including, without limitation, personal discomfort or
illness) loss, damage or damages of or to persons or property resulting,. directly or indirectly,
from any of the following, except where it is caused by the Lessor's negligence or the
negligence of any person for whose acts or omissions the Lessor is responsible in law: (i) fire,
explosion, theft, breakage, falling plaster, falling ceiling tile, falling fixtures, steam, gas,
electricity, water, rain, flood, ice, snow or leaks Into, In or from any part of the Demised
Premises or from any pipes (Including, without limitatiOn, water, steam. sprinkler and drainage
pipes), sprinklers, appliances, drainage or plumbing worXs, roof, windows or exterior walls or
subsurface of any floor or ceiling of the, Demised Premises, or from the street or any other
source or place whatsoever, or by dampness, or by the existence, discharge, spillage or
leakage of hazardous or toxic substances, or by any other cause whatsoever: (II) any
suspension, non-operation, failure, reduction, Interruption or failure to supply or perform, for any
reason or for any period of time, of or in any of the services, equipment, facilities, the electrical
system, the plumbing system, the HVAC System, utilities or any services within or serving the
Demised Premises; (ill) delays In the performance of any repairs, replacements, maintenance
or restoration for which the Lessor Is responsible under this Lease; (Iv) Incurred by reason of
the Lessor or any of the Lessor's Employees entering upon the Demised Premises to undertake
any examination thereof or any work or cleaning or perfonnance of Other services therein; (v)
incurred by reason of the supply or perfonnance of any janitorial, pest extermination or security
obligations or services in any part of the Demised Premises; or (vi) by reason of inconvenience,
annoyance or Injury to business arising from the. Lessor, the Lessee or any others making or
failing to diligently make, for whatever reason or cause, any repairs, alterations, additions,
renovations, Improvements or restoratiOns In or to any part of the Demised Premises.
(c) The Lessor shall not be liable or responsible In any way for any such death, Injury, loss
.or damage caused by other Lessees, occupants or persons on or In the Demlsecl Premises, the
Premises, or by any occupants of any adjacent property thereto.
(d) All property of the Lessee or of any of the Lessee's Employe8s kept or stored on the
Demised Premises shall be so kept or stored at the sole risk of the lessee, and the Lessee
releases and agrees to indemnify the Lessor and save It harmless from and against any claims
arising out of any loss of or damage to such property, including, without limitation, any
subrogation claims by the Lessee's or any others' Insurers, and the lessee shall make all
claims for loss, damage or destruction of or to any such property against the policies of
insurance required to be maintained by the Lessee under thIS Lease.
8.7 Benefit of Indemnltv. etc.
Every indemnity, hold harmless provision, release and exclusion of liability herein contained for
the benefit of the Lessor and every waiver of subrogatiOn for the benefit of the Lessor contained
In any Insurance policy maintained by the Lessee shall survive the expiration or earlier
termination of the Term and any extension or renewal thereof and shall extend to and benefit
the Lessor, its officers, employees and those for whom such persons are responsible In law.
Solely for such purpose, and to the extent that the Lessor expressly chooses to enforce the
benefit of this SectIon for any or all of such persons, It Is agreed that the Lessor Is the agent or
trustee for such persons. No such Indemnity, hold harmless provision, release or exclusion of
llablllty or waiver of subrogation for the benefit of the Lessor shall be deemed to Impose or
imply any obligation, responsibility or liability whatsoever on the Lessor, Including, without
limitation, any obligatiOn to perform or do any act or thing, except to the extent any such
obligation, responsibility or liability of the lessor is expressly provided for under this Lease.
8.8 DanGerous U..
The lessee shall not do, ~ or permit anything which will Increase the cost of the lessor's
insurance or render any insurance on or relating to the Premises subject to cancellation. The
Lessee shall pay to the Lessor forthwith after written notice Is given of the lessor's demand for
payment, the amount of any Increase In the cost of insurance caused by anything so done,
omitted or permitted.
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ARTICLE SEVEN
DAMAGE AND DESTRUCTION
7.1 Damaae to Demised Premises
,
If the Demised Premises or any part thereof, Is damaged or destroyed, In whole or In part, by
fire or any other occurrence, then (I) this Lease shall nonetheless continue In full force and
effect, (II) there shall be no abatement of any Rent except to the extent expressly provided in
this Article, (iil) the following provisions of this Article shall apply and (Iv) notwithstanding any
receipt by the Lessor of any insurance Proceeds, and notwithstanding any provision of this
Lease or obligation or requirement at law, in equity or by statute to the contrary, the obligations
of the Lessor to repair or to provide services or utilities, if any, or to perfonn RRestoration- (as
hereafter defined) under this Lease shall be subject to the provisions of this Article, and shall be
limited to the extent to which the Lessor is otherwise insured.
7.2 Insured Damaae to or DeStruction of Demised Premises
If damage to or destruction Of the Demised Premises Is caused by an occurrence against
which, and to not more than the extent that the Lessor Is otherwise insured (the Rlnsured
DamageR), and if (I) In the RArchitect'sR (as hereafter defined) opinion, such Insured Damage is
such as to render the whole or any part ()f the Premises unusable or unsafe for the purpose of
the Lessee's use and occupancy and the Restoration of the Demised Premises is not capable
of being completed with reasonable diligence within one hundred and eighty (180) days
following such occurrence, or (II) any authority,. requires that the Demised Premises be
demolished or substantially demolished prior to any Restoration, then the Lessor may elect to
terminate this Lease by giving written notice to the Lessee within sixty (60) days after such
occurrence. If the Lessor does not 80 elect to terminate this Lease, the Lessor shall diligently
perfonn the Restoration of the Demlsecl Premises to the extent of. Its. obligations pursuant to
Section 7.6.
7.3 Uninsured Damaae to Demised Praml...
. If there Is damage to or destruction of the Demised Premises, and, 'In the Architect's opinion, (I)
such damage or destruction is caused by an occurrence against which the Lessor Is not Insured
or required to Insure or the cost of Restoration of which would be In excess of the extent to
which the Lessor Is required to Insure pursuant hereto or Is otherwise Insured or (II) the
Restoration of the Demised Premises is not capable of being completed within sixty (60) days
following th8 occurrence of such damage or destruction and such damage or destruction occurs
within two (2) years prior to the expiry of the Term of this Lease or any extension or renewal
thereof and either there are no remaining rights In any party hereto to extend or renew this
Lease or any party having the right to extend or renew this Lease falls to do 80 within fifteen
(15) days after such occurrence, then the Lessor may elect to terminate this Lease by gMng
written notice to the Lessee within thirty (30) days after such occurrence. If the Lessor does not
so elect to. terminate th!s Lease, the Lessor shall diligently perform the Restoration of the
Dem'-ed Premises to the extent of Its obligations pursuant to SectIon 7.6.
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7.4 Termination of Lease After Destruction
or Damaae to Demised Premises
If (I) In the Architect's opinion. Restoration of any portion of the Demised Premises, and
Equipment which affects access or services essential to any of them Is not capable of being
completed with reasonable diligence within one hundred and eighty (180) days following the
occurrence of damage or destruction to such portions or (II) any authority requires that the.
Demised Premises, be demolished or substantially demolished prior to any Restoration
following damage or destruction to the Demised Premises. or any part thereof, In any such case
whether such damage or destruction is a direct or indirect result of any occurrence of cause
whatsoever, whether or not such occurrence or cause Is insured, and whether or not there is
any damage to or destruction of the Demised Premises, then the Lessor may elect to terminate
this Lease by giving written notice to the Lessee within sixty (60) days after such cause or
occurrence. If the Lessor does not so elect to terminate this Lease, subject to Sections 7.2 and
7.3, the Lessor shall diligently perform the Restoration of the Demised Premises, to the extent
of Its obligations pursuant to Section 7.6.
7.5 Actions Following Termination
If the Lessor elects to terminate this Lease under this ArtIcle by giving written notice to the
Lessee, then, notwithstanding the receipt by the Lessor of any insurance proceeds, (I) this
Lease shall terminate on the date that such notice is given, (Ii) the Lessee shall Immediately
vacate and surrender possession of the DemlsecJ Premises and (III) all Rent accrued to such
termination date shall be apportioned and promptly paid without any right of the Lessee to any
abatement, deduction, counterclaim, set-off, compensation or reduction whatsoever.
7.8 Restoration of Demised Premises and Licenced Areas" Lease Not Terminated
If this Lease is not terminated as provided In this Article, the lessor, to the extent of the
insurance proceeds which the Lessor receives or would have received If It had maintained such
insurance as Is required to be maintained by the Lessor hereunder, shall proceed to perform
such Restoration of the Demised Premises, limited to the extent of Its express obligations under
this Lease. The obligation. of the Lessor with respect to Restoration following any damage or
destruction under this Article shall be performed In accordance with all applicable obligations
contained herein with reasonable diligence.
7.7 Restoration and Insurance Proceeds
(a) If there Is damage or destruction to the Demised Premises, and If this Lease Is not
terminated pursuant to this ArtIcle, the Lessor, In performing the restoration of the same, or
any part thereof, as required hereby, shall not be obliged to perform such Restoration In
accordance with the plans, drawings or specifications for the Building as defined In the Lease.
or any part thereof, as they existed prior to such damage or destruction, but the Lessor may
perform such Restoration in accordance with any plans, drawings and specifications chosen by
the Municipality of Clarington under the Lease In Its sole discretion. Without limiting the
generality of the foregoing, the Lessee agrees that the lessor shall be entitled to demolish and
rebuild the Building, or any part thereof.
(b) The'insurance, which Is required to be maintained by the Lessee and which Insurance Is
required to name the Municipality of Clarington as an additional Insured parties.
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7.8 Determination of Matters
For the purposes of this Article, the date of any damage or destruction, the determination of
and extent to which any portion of the Demised Premises is damaged, destroyed, rendenKt
unsafe or are not capable of being used, the times within which Restoration may be made and
the date that It is completed or substantially completed shall be determined by the Architect in
his sole discretion, such detennination to be final and binding on the parties hereto.
7.8 Limitation of L1abllltv
Notwithstanding any other proviSion of this Lease, the Lessor shall not be liable for any
damages, direct, indirect or consequential, of any nature whatsoever, (Including, without
limitation, loss of business income or other economic loss to the Lessee), of the Lessee or Its
employees, customers, suppliers, lessees, licensees or other persons dealing directly or
indirectly with the Lessee or for whom the Lessee Is In law responsible arising out of the failure
for any cause whatsoever of the Lessor or others to perform or complete Restoration, or any
part thereof,. within any period of time following the occurrence of damage or destruction
contemplated by this Article, and the Lessee shall indemnify and save hannless the Lessor
from and against all suet) damages.
ARTICLE EIGHT
ASSIGNMENT. LEASE
8.1 Consent Reaulred
The Lessee shall not assign this Lease, or let, or licence any person to use the whole or any
portion of the Demised PremiSes for any other purpose that expressly provided within this lease
agreement
. ARTICLE NIN~
DEFAULl
8.1 Events of Default
(a) The occurrence of any of the following events ,Events of Default") shall be deemed a
default rDefault') under this ~se If and whenever:
(I) the Lessee falls to pay any Rent prompUy when due, provided that the Lessor
first gives the Lessee thirty (30) days Written notice of any such failure and the
default Is not remedied on or before the end of such period;
(II) the Lessee falls to observe or perform any other term, covenant, condition, or
obligation. under this Lease that is .capable of remedy, other than a default In
payment of Rent, and such default remains unremedled after thirty (30) days
following written notice given by the Lessor to the Lessee specifying such default
and requiring the Lessee to remedy the same, provided that If the Lessee has
taken substantive steps to remedy the default within such thirty (30) day period
and Is Proceeding In good faith to complete remedying the default as quickly as
Is reasonably practicable, such period. shall be deemed to expire one (1) day
after the default has been remedied;
(11/) the Lessee falls. to observe and perform any other term, covenant, condition or
obligation under this Lease that Is not capable of remedy;
(Iv) the Lessee makes an assignment for the benefit of Its creditors generally, or If
the Lessee Is declared bankrupt or Insolvent, or If a peUt/on In bankruptcy is filed
against the Lessee, or If the Lessee 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 por:tIon of the Lessee's property, or If any steps are taken or any action or
Proceedings are Instituted by the Lessee or by any other party Including, without
limitation, any court or governmental body of competent Jurisdiction for the
dissolution, winding-up, discharged or abandoned; and
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(v) the Demised Premises become and remain vacant for a period of fourteen (14)
consecutive days.
9.2 Rlaht of Re-Entry
Without derogating from the provisions of this Lease, upon a Default occurring, at the option of
the Lessor, the Lessor, 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 Demised
Premises without thereby terminating this Lease and remove and sell the Lessee's goods,
chattels, equipment and Lessee's fIXtures therefrom, any rule of law or equity to the contrary
notwithstanding. The Lessor may seize and sell such goods, chattels, equipment and Lessee's
fIXtures of the Lessee as are in the Demised Premises and may apply the proceeds thereof to
all rent and other payments to which the Lessor is then entlUed under this Lease. Any such
sale may be effected in the disaetion of the Lessor by public auction or otherwise, and either in
bulk or. by Individual Item, or partly by one means and partly by another, all as the Lessor In Its
sole disaetion may decide. .
9.3 Leaal EXDenses to Recover Possession
If legal action Is brought for recovery of pOssession of the Demised Premises, for the recoVery
of Rent, or any other amount due under this Lease, or because of the breach of any other
terms, covenants or conditions herein contained on the part of the Lessee to be kept or
performed, and a breach Is established, the Lessee shall pay to the Lessor all reasonable
expenses Incurred therefor, indudlng a solicitor's fee (on a solicitor and his dlent basis), unless
a Court shall otherwise award.
9.4 Rlaht of Termlnatlon-Default
In addition to all rights and remeclies of the Lessor available to it by any provisions of this Lease
or given by law to the Lessor, the Lessee agrees that upon a Default occurring, the Lessor shall
have the right to terminate this Lease by giving notice In writing to the Lessee. Upon such
notice being given, this Lease shall terminate Immecliately without the necessity of any legal
proceeding whatsoever. The Lessee shall thereupon within thllle (3) days after the notice Is
given quit and surrender the Demised Premises to the Lessor, and the Lessor, Its agents,
contractors and employees shall have the right to enter the Demised Premises and dispossess
the Lessee and remove any persons or property therefrom without the necessity of legal
proceeding whatsoever and without being liable to the Lessee therefor In damages, or
otherwise.
9.5 Rlaht to Re-Iet
If the Lessor re-enters pursuant to the proviSions of either this Lease or any applicable law, the
Lessor, without . limiting its right to recover damages, may either terminate this Lease, or the
Lessor may from time to time without terminating the Lessee's obligations under this Lease,
make any alterations and repairs considered necessary by the Lessor to fadlitate a relettlng
and relet the Demised Premises or any part thereof as agent of the Lessee for such term or
terms and at such rental or rentals and upon such other terms and conditions as the Lessor In
Its reasonable. disaetion considers advisable. Upon each relettlng, all rent and other moneys
received by the Lessor from the relettlng will be applied (I) to the payment of Indebtedness other
than . Rent due hereunder from the Lessee to the Lessor (II) to the payment of costs and
expenses of the reletting induding 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 Lessor and applied in payment of future rent as It becomes due and payable. If the
rent received from the relettlng Is less than the Rent to be paid by the Lessee, the Lessee shall
pay the deficiency to the Lessor. No re-entry by the Lessor shall be construed as an election
on its part to terminate this Lease unleSs a written notice of that Intention Is given to the Lessee.
Despite a reletting without termination, the Lessor may elect at any time to terminate this Lease
for a previous breach.
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8.6 SeDarate Remedies
The lessor may from time to time resort to any or all of the rights and remedies available to It
upon a Default occurring, either by any provision of this lease or by statute or by the general
. law, each of such rights and remedies being intended to be cumulative and not alternative and
each may be exercised generally or In combination.
1220
ARTICLE TEN
GENERAL PROVISIONS
10.1 Definitions
(a) "Architect" means the architect from time to time designated or employed by the
Municipality under the Lease.
(b) "Building" has the meaning assigned to it in Recital "A "of this Lease.
(c) "Commencement Date" has the meaning assigned to It In Section 1.3 of this lease.
(d) "Demised Premises" has the meaning assigned to it In Recital "E" of this Lease.
(e) "HVAC System" means the heating, ventilation, air-conditioning and other cilmate
control equipment, facilities and systems serving the Building as defined In the Lease. or
any part thereof, Inciuding, without limitation, any and all (I) equipment, Improvements
and installation, (II) duct work, diffusers, distribution piping, air handling units and
ventilation units and (ill) monitoring, conservation and col"!trol systems.
(f) "Insured Damage" has the meaning assigned to it In SectIon 7.2 of this Lease.
(g) "Lease" has the meaning assigned to it In Recital "A" of this Lease.
(h) "Municipality" means The Corporation of the Municipality of Clarington.
(I) "Premises" has the meaning assigned to it In Recital "A" of this Lease.
a> "Prime Rate" means the variable annual rate of Interest (which Is calculated daily)
established from time to time by the head office In Toronto of any Canadian chartered
bank designated by the Landlord, from time to time, as the reference rate it will use to
determine rates of Interest payable by the most preferred commercial borrowers of such
bank on unsecured loans to such borrowers In Canada (as distinct from the rate of
interest chargeable for small business loans sometimes referred to as the "prime small
business loans interest rate"), current during the applicable period that any amount
bears Interest under this Lease.
(k) "Restoration" means the repairing, replacing, altering, demolishing or rebuilding of all
or any part of the Demised Premises.
(I) "Sales Taxes" means any and all goods and services taxes, sales taxes, multl-stage
sales taxes, value added taxes, business transfer taxes, use taxes, consumption taxes
or any other taxes Imposed by any Authority on the Lessee or on the Lessor or which
the Lessor Is required to remit to any Authority with respect to Rent paid or payable by
the Lessee under this lease, or Imposed by any Authority In respect of this lease or the
rental or any licensing or use of space under this lease, or In respect of the payments
made or payable by the Lessee under this lease, or In respect of the goods and services
purchased by or provided by the Lessor under this lease, Including, without limitation,
the provision of administrative services to the Lessee under this lease, whether
characterized as goods and services taxes, sales taxes, multi-Stage sales taxes, value
added taxes, business transfer taxes, use taxes, consumption taxes or otheiwlse.
(m) "Term" has the meaning assigned to It In SectIon 1.2 of this Lease and Ucence.
(n) Lessors Administrator - means the Purchasing Manager from the Municipality of
Clarington.
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10.2 Schedules Form Part of Lease
Schedule -A- hereto is deemed to be contained in and form part of this Lease to have the same
effect as it would have If its provisions had been set out as covenants In the text of this Lease.
10.3 Quiet Enlovment
Except as otherwise provided In this Lease, If the Lessee pays the Rent reserved hereby, fully
performs all of Its covenants and duties under this Lease and no Event of Default has occurred,
the Lessee shall be entitled to peaceful and quiet enjoyment of the Demised Premises for the
Term of this Lease or any extension or renewal thereof, Without Intenuptlon or Interference by
the Lessor or any person claiming through the Lessor.
1004 Covenants
Every obligation or duty of the Lessor or the Lessee expressed In this Lease although not
expressed as a covenant, shall be deemed to be a covenant for all purposes.
10.5 No PartnershlD or Aaencv
The Lessor does not in any way or for any purpose become a partner of the Lessee in the
conduct of Its business, or otherwise, or a Joint venturer or a member. of a joint enterprise with
the Lessee, nor Is the relationship of principal and agent created by this Lease.
10.6 PST and GST
Without derogating from any other provision of this Lease, the Lessee shall be responsible for
the payment of Sales Taxes and Goods and Services Tax where applicable In respect of and In
addition to the Rent required to be paid by the Lessee to the Lessor under this Lease, as well
as In respect of goods and services sold by the Lessee or any person claiming or acting
through, under or with the permission of the Lessee.
10.7 Overholdlna No Tacit Renewal
If the Lessee remains In possession of the Premises after the end of the Tenn with the Consent
of the Lessor but without having executed and delivered a new Lease and Ucence, there Is no
tacit renewal of this Lease and the Term hereby granted, notwithstanding any statutory
provisions or legal presumption to the contrary, and the Lessee shall . be deemed to be
. occupying the Demised Premises as a Lessee from month to month at a monthly Rent payable
In advance on the first day of each month equal to the aggregate of the following: (a). one-
twelfth (1/12th) of the amount of the Rent payable by the Lessee In the last full twelve (12)
month Rental Year of the Term; and otherwise, upon the same terms, cove.".nts and conditions
as are set forth In this Lease, so far as these are applicable to a monthly tenancy.
10.8 rl!!m
(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 Lessee's fixtures on the
Premises at any time during the Term shall be exempt from levy by distress for rent In arrears,
and If any dalm Is made for such exemption by the Lessee or It a. distress is made by the
Lessor or If any action is brought to test the right of the Lessor to levy upon any such goods es
are so exempted, this Lease may be pleaded as an estoppel against the Lessee, the Lessee
hereby waMng each and every benefit that could or might have accrued to the Lessee under
and by virtue of any such statute but for this Lease.
(b) Failure of the lessor to Insist upon the perfonnance of any such covenant or condition
of this Lease or to exercise any right.or option contained In this Lease shall not be construed as
a wai,ver or relinquishment of any such covenant, condition, 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 Lessor. .
(c) All Rent to be paid by the Lessee to the Lessor shall be paid without any deduction,
abatement, set-off or compensation whatsoever.
1222
10.9 Distress
Notwithstanding any provision of this lease or any provision of applicable legislation, none of the
goods and chattels of the Lessee on the Premises at any time during the Term of this Lease
and any extension of renewal thereof shall be exempt from levy by distress for Rent in arrears,
and the Lessee waives any such exemption. If the Lessor makes any claim against the goods
and chattels of the Lessee by way of distress, this provision may be pleaded as an estoppel
against the Lessee in any actioi1 brought to test the right of the Lessor to levy such distress.
10.10 Costs
The Lessee shall pay to the Lessor all damages and costs (Including, without limitation, all legal
fees on a solicitor and Its client basis) incurred by the Lessor In enforcing the terms of this
Lease, or with respect to any matter or thing which is the obligation of the Lessee under this
Lease, or In respect of which the Lessee has agreed to Insure or to indemnify the Lessor.
10.11 Set..Qff and Accord and Satisfaction
The Lessee hereby waives the benefit of any statutory or other rights In respect of abatement,
reduction, set-off, counterclaim, demand, deduction or compensation In Its favour at the time
hereof and at any future time. No endorsement or statement on any cheque or any letter
accompanying any cheque or payment as Rent shall be deemed an acknowledgement by the
Lessor of full payment, or an accord and satisfaction, and the Lessor may accept and cash any
such cheque or payment without prejudice to the Lessor's right to recover the balance of such
Rent or pursue any other right or remedy provided in this lease or at law, In equity or by statute.
The Lessor may apply or allocate any sums received from or due to the Lessee against any
~mounts due and payable under this Lease in such manner as the Lessor sees fit.
10.12 AuthorItY of Lessor. etc.
The Lessee acknowledges and agrees that the Lessor shall not be responsible for any debts
incurred by the Lessee or by any person for whose conduct the Lessee Is responsible In law.
The Lessee shall not represent or suffer or permit anyone to represent to any person that either
the Lessor or the Municipality of C1arington will be responsible for payment of any debt Incurred
or to be Incumld by the Lessee.
10.13 Rules Reaardlna OD8ratlon of Demised Premises and Are..
The Municipality's Purchasing Manager from time to time may give the Lessor and the Lessee
written notice of rules regarding the operation of the Demised Premises which rules shall be
d,eemed to be part of this Lease. Such rules shall be compiled with by the Lessee during the
Term.of this Lease and any extension or renewal thereof.
10.14 Demised Premises and Areas to be Smoke-F....
The Lessee shall not permit or suffer any person to smoke a tobaccx) product anywhere In the
Building.
10.15 Not Used
10.16 Not Used
10.17 Acknowledaement Basement and Second Floor Not ImDroved
The Lessee acknowledges that the basement and the Second Floor of the Building have not
been improved and that the Lessor Is under no obligation to the Lessee to Improve any part of
them.
1223
10.18 Use of Additional Areas bv the Lessee
The parties acknowledge and agree that if the Lessee desires to lease any other area, facilities
and equipment, any such agreement shall be in the discretion of the Lessor and the Lessee
shall be required to pay to the Lessor the Lessor's then current charges to any other person
. who licences the same from the Lessor.
10.18 Lease Sublect to Le...
Notwithstanding any provision of this Lease, the parties acknowledge and agree that this Lease
shall terminate on the termination of the Lease. .
10.20 Notices
If any notice or other document Is required to be or may be given by the Lessor or by any
official of the Lessor to the Lessee or by the Lessee to the Lessor under this Lease such notice
. shall be transmitted by telefax, mailed by first class prepaid post or delivered to:
The Lessor. Municipality of Clarington
40 Temperance Street
Bowmanvllle, Ontario
L1C 3A6
Attention: Purchaslna Manaaer
If by telecopier to: (905) 623-3330
The Lessee: The lions Club of Bowmanvllle
26 Beech Avenue
Bowmanvllle. Ontario
L1C 3A2
Attention: President
or such other address of Which the Lessor or the Lessee has notified the other In writing. Any
such notice so mailed or delivered shall be deemed good and sufficient notice under the terms
of this Lease and shall be effective from the date Which It Is so mailed or delivered. Any notice
transmitted by telefax shall be effective from the date that It is telefaxed.
10.21 force Maleure
Notwithstanding anything to the contrary contained In this Lease, If the Lessee Is bona fide
delayed or hindered in or prevented from the performance of any term, covenant or act required
hereunder by reason of strikes; laboUr troubles; inability to procure materials or services; power
failure; restrlctive govemmentallaws or regulations; riots; insurrection; sabotage; rebellion; war;
act of God; or ather reason whether of a like nature or not Which is not the fault of the Lessee,
then performance of such term, covenant or ad Is excused for the period of the delay and the
Lessee shall be entitled to perform such term, covenant or act. within the appropriate time
period after the expiration of the period of such delay. However, the provisions of this
paragraph do not operate to excuse the Lessee from the prompt payment of Rent or any other
payments required by this Lease.
1224
10.22 Time of Essence
Time shall be of the essence in all respects of this Lease every part of It.
10.23 Enforceabllltv
If any tenn, 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 tenn, covenant or condition 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.
10.24 Enurement
This Lease shall enure to the benefit of and be binding upon the parties hereto, their
successors and assigns, provided that no rights shall enure to the benefit of an assignee of this
Lease or a Lessee of any portion of the Premises unless the provisions of Section 8.1 are
complied with.
10.25 Governlna law
This Lease. shall be Interpreted, governed and enforced In accordance with the laws of the
Province of Ontario,. Canada.
IN WITNESS WHEREOF the Lessee and the Lessor have duly executed and unconditionally
delivered this Lease as of the date first above written.
MUNICIPALITY OF CLARINGTON
By:
Mayor John Mutton
By:
Patti L. Bame, Municipal Clerk
THE LIONS CLUB OF BOWMANVILLE.
ONTARIO
By:-\}' '--- ~ (N III 'l f' EY\ fo,-v
Name: TlUe:
By. d// ~ r//CE'- .
Name: Title:
1225
Clw:jlJgton
REPORT
CORPORATE SERVICES DEPARTMENT
Date:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
May 8, 2006
Meeting:
Report #:
COD-019-06
File #
By-law #
Subject:
CL2006-12, HARVEY JACKSON BALL DIAMOND LIGHTING
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD-019-06 be received;
2. THAT Wayne Electric Co. Limited, Carlisle, Ontario with a total bid in the amount of
$148,600.00 (Plus G.S.T.), being the lowest responsible bidder meeting all terms,
conditions, and specifications of Tender CL2006-12, be awarded the contract for the
Harvey Jackson Ball Diamon~ Lighting as-required by the Engineering Department;
3. THAT the funds required in the amol,Jnt of $156,600.00 ($148,600.00 tender plus
consulting) be drawn from the Engineering 2006 Capital Budget Account # 110-32-325-
83303-7401; and
4. THAT the attached By-law marked Schedule "An authorizing the Mayor and the Clerk to
execute the necessary agreem~nt be approved; FORTHWITH.
Submitted by: a#A...cp -
Marie Marano, H.B.Sc., C.M.O.
Director of Corporate Services
~~
fL an Tay or, B.B.A., C.A.,
1l'-D~
A.S. Cannella, C.E.T.
Directorof Engineering Services
MMlNT/AC/LB/km
Revlewedb~~
Franklin Wu,
Chief Administrative Officer
1227
REPORT NO.: COD..()19..()6
PAGE 2 .
BACKGROUND AND COMMENT
Tender specifications were provided by MJS Consultants Inc. for the Harvey Jackson Ball
Diamond Lighting, as required by the Engineering Department as shown in the map below.
,r<..-"'"
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'---.:.....------
Reg. Rd. 9
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-
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KENDAL
Harvey Jackson Park-Kendal (2006)
Tenders were advertised in local papers, as well as electronically. Subsequently, tenders were
received and tabulated as per Schedule "B".
The total project cost of $156,000.00 ($148,600.00 tender plus consulting) will be provided from
the 2006 Capital Budget Account # 110-32-325-83303-7401 and are within the total approved
budget allocation of $180,000.00.
The low bidder has previously performed satisfactory work for the Municipality of Clarington~
1228
REPORT NO.: COO-Q19-Q6
PAGE 3
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 Engineering.
After further review and analysis of the bids by the Engineering Department, the Consultant
and Purchasing, it was mutually agreed that the low bidder, Wayne Electric Co. Limited,
Carlisle, OntariQ, be recommended for the contract for the Harvey Jackson Ball Diamond
Lighting.
Due to the lengthy lead time required to order the poles a forthwith approval is requested.
ATTACHMENT 'A'
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-4169
1229
Schedule" A"
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2005-
Being a By-law to authorize a contract between the
Corporation of the Municipality of Clarington and Wayne
Electric Co. Limited, Carlisle, Ontario, to enter into agreement
for the Harvey Jackson Ball Diamond Lighting.
. .
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, Wayne Electric Co. Limited, Carlisle, 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
1230
CI!J!-!lJgron
Municipality of Clarington
. SCHEDULE "B"
BID SUMMARY
Tender CL2006-12
HARVEY JACKSON BALL DIAMOND LIGHTING
Wayne Electric Co. Limited
Carlisle, ON .
Zuron Construction Inc.
Thomhill ON
Ron Robinson Ltd.
Bowmanville, ON
Langley Utilities Contracting
Bowmanville, ON
Quantum Systems
Scarborou h, ON
$167,700.00 * *
$189,407.38
$207,554.00 *
$281,000.00
* Payment terms, 1 % 10 days
- Payment terms, 2 % 10 day
H-.\200~3TEN[)[F::::;\(~~_?nOC':'-12 ~-~;:Jr...jcy .Jdck:;on Parv. 8 D\8SSUMfvlAR'{.DOC
1231
Cljg#]gton
REPORT
CORPORATE SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
May 8, 2006
Report #: COD-020-06
File #_
By-law #
Subject:
Fair Wage Schedule
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD-020-06 be received;
2. THAT the Fair Wage Policy for the Municipality of Clarin9ton be extended for one
additional year; and
3. THAT staff report back to Council in June, 2007.
arie Marano, H.B.Sc., C.M.O.
Director of Corporate Services
ReVieWedbO~ ~
Franklin Wu,
Chief Administrative Officer
MMlLABIkm
1232
REPORT NO.: COD-020-06
PAGE 2
BACKGROUND AND COMMENT
At the Council meeting of June 27, 2005, resolution C-333-05 was approved which
implemented a Fair Wage Policy for the Municipality of Clarington for alllCI (Industrial,
Commercial, Institutional) projects in excess of one million dollars ($1.000,OOO~00).
The Fair Wage Policy was implemented for a one year period, with staff to report back
to Council in June 2006.
Subsequent to this, the Municipality of Clarington has not had any ICI Construction
contracts of this dollar value. It is anticipated however that two projects meeting this
criteria will be tendered within the next year, that being the Newcastle Recreational
Facility and the Newcastle Library.
. ..
It is therefore recommended that the existing policy be extended for one additional year
and that staff report back to Council in June, 2007.
For the information. of Council, all feedback received to date on the policy has been
positive.
. CORPORATION OF THE MUNICIPALITY OF CLARINGTON.
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-3330
1233
ClfJlilJgton
REPORT
CORPORATE SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Report #:
May 8, 2006
COD-021-06
File #
By-law #
Date:
Subject:
Request for Proposal RFP2006-S, Consulting Services, Community
Services Department - Strategic Plan
Recommendations:
It is respectfully recommended that the General Purpose and Administrative Committee recommend to
Council the following:
1. THAT Report COD-Q21-Q6 be received;
2. THAT the proposal received from Monteith Brown Planning Consultants. London, Ontario being
the most responsive bidder meeting all terms, conditions and specifications of Request for
Proposal RFP2006:-5 be awarded the contract for the provision of the Consulting Services for the
Community Services Department, Strategic Plan with an amended bid of $107,375.56,
($93,433.75 + $13,491.81) including approximate disbursements, (excluding GST);
3. THAT the funds required be drawn from the Community SerVices Administration 2006 Consulting
Account #100-42-130-10085-7160;
4. THAT the prior years accumulation of funds for the Community Services Strategic Plan, in the
amount of $82,375.56, in the Professional Fees Reserve be used to offset the 2006 Community
Services consulting budget; and
4. THAT the attached By-law marked Schedule -A- authorizing the Mayor and the Clerk to execute
the necessary agr ement be approved.
eph Caruana,
Irector of Community Services
O(qtt 4d~ .
o . - Nancy Taylor, B.B.A., C.A.,
.\t'L Director of Finance
MM\NT\JC\LAB\km
Reviewed by:
~~
Submitted by:
ranklin Wu,
Chief Administrative Officer
1234
COD-021-06
Page 2
BACKGROUND AND COMMENT
A Request for Proposal for consulting services was advertised and issued for the Community
Services Department Strategic Plan.
The following is a tabulation of bids submitted:
consultant..?.....
Monteith Brown Planning Consultants
. London, ON
Deloitte and Touche LlP
Toronto, ON
DPRA Canada/Leisure Plan Inc.
Vau han, ON
* Approximate Disbursements included (G.S.T.is excluded from above pricing)
. . Total ProosedCost.
$93,433.75
$119,275.00
$128,450.25
Representatives from the Community Services. Department and Purchasing reviewed and
scored each proposal based on the following criteria:
~ Previous Experience
~ Experience of Key Personnel
~ Price
~ Working knowledge in Clarington and Durham Region
~ Ability to Complete the Project on Schedule
~ Completeness of Proposal
~ Methodology of Project Delivery
As per the request for proposal document, the consultant selection would be made on the basis
of the written proposal, a potential interview and reference checks.
Upon completion of the document review by the selection committee, two finns, Monteith Brown
Planning Consultants, London, Ontario and DPRA Canada/Leisure Plan Inc. of Vaughan,
Ontario were selected for an interview.
Staff was impressed with the coverage of the proposed services, proponents'experience and
enthusiasm for the project. Team members were in attendance at the interview and their roles
were discussed. Reference checks for the subject finn were excellent.
1235
COD-021-06
Page 3
The Request for Proposal for consulting services has been amended to include the additional
work of a review to identify potential upgrades and/or future opportunities of use for the
Darlington Sports Centre and the Clarington Fitness Centre. The cost of the additional work of
$13,941.81 (excluding GST) has been included in the award of consulting services contract.
The required funds of $107,375.56 be drawn from the 2006 Community Services Administration
consulting account number 100-42-130-10085-7160. There are sufficient funds allotted in the
2006 Community Services Administration consulting budget of $25,000 plus the prior years
accumulated funds of $82,375.56 in the Professional Fees Reserve to finance the cost of the
Strategic Plan.
The Director of Finance has reviewed the funding requirements and concurs with the
recommendation. Queries with respect to the department needs, specifications, etc. can be
directed to the Director of Community Services.
It is therefore recommended that the revised proposal received from Monteith Brown Planning
Consultants of London, Ontario to provide the Community Services Department with a Strategic
Plan be accepted and the contract awarded.
Attachment #1 By-law
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169
1236
Schedule "A"
THE CORPORATION OF THE MUNICIPALITY. OF CLARINGTON
BY-LAW 2005-
Being a By-law to authorize a contract between the
Corporation of the Municipality of Clarington and Monteith
Brown Planning Consultants, London, Ontario, to enter into
agreement for the Harvey Jackson Ball Diamond Lighting.
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS
FOLLOWS:
1. THAT the Mayor and Clerk are hereby authonzed to execute, on behalf of the
Corporation of the Municipality of Clarington and seal with the Corporation Seal, a
contract between, Monteith Brown Planning Consultants, london, 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
1237
Q!!!.pn
REPORT
CORPORATE SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE & ADMINISTRATION
May 8, 2006
Date:
Report #: COD-022-06
File #_
By-law #
Subject:
CL2006-6, 2006 CRACK SEALING PROGRAMS, VARIOUS LOCATIONS
Recommendations:
It is respectfully recommended to Council the following:
1. THAT Report COD-022-06 be received;
2. THAT A-1 Asphalt Maintenance Ltd., Burlington, Ontario with a total revised bid in the
amount of $40,286.76 (excluding G.S.T.), being the lowest responsible bidder meeting
all terms, conditions and specifications of Tender CL2006-6, be awarded the contract to
provide crack sealing at various locations as required by the Municipality of Clarington;
and .
3. THAT the funds required be provided from the Operations Department 2006 Budget -
Account #100-36-381-10250-7163.
Submitted by: ~
Marie Marano, H.B.Sc., C.M.O.
Director of Corporate SerVices
~ 0(t4 4d1Jr-
LA Nancy Taylor, B.B.A., C.A.,
0'- Director Fi n .
Reviewed by: 0 ~O~~
Franklin Wu,
Chief Administrative Officer
t/tJ /... ,
r " Fr eri Horvath, B.A., RD.M.R, RRF.A.
Director of Operations
MM\LAB\sm
1238
REPORT COD-022-06
PAGE 2
BACKGROUND AND COMMENT
Tender CL2006-6 was advertised and issued with bids being received and tabulated as
follows:
A-1 Asphalt Maintenance Ltd.
Burlington, ON
Road Savers 2000 Ltd.
Toronto, ON
Roadmaster Road Construction & Sealing Ltd.
Toronto,. ON
1005428 Ontario Ltd.
o/a REN Maintenance
Guelph, ON
$77,011.00
$79,111.30
$79,811.40
$84,012.00.
The low bidder's submitted tender has been reviewed and is in order. A-1 Asphalt
Maintenance Ltd. has completed a number of projects with similar work for public
agencies and these agencies provided satisfactory references.
Based on the low bid submitted and other associated costs the total project costs would
be in excess of the available 2006 Budget of $50,000 budget from Account #100-36-
381-10250-7163. The. tender clearly stated that the tender quantities could be
increased or decreased as required to meet available budget and as such it is
. recommended that Item 1 be reduced from 35,005 m to 18,312 m. This quantity
reduction results in a revised total tender amount of $40,286.76 (exclusive of G.S.T.).
The following is a summary ofthe total project costs exclusive of G.S.T.:
Revised Tender Amount
Crack Sealing Program, Design and Tendering
Contract Administration
Contingencies
Total
$40,286.76 .
$2,013.24
$5,200.00
$2.500.00
$50,000.00
1239
REPORT COD-022-Qa
PAGE 3
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.
It is recommended that the revised tender in the amount of $40,286.76 (exclusive of
G.S.T.) be awarded to A-1 Asphalt Maintenance Ltd., Burlington, Ontario.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET. BOWMANVILLE. ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-3330
1240
CWilJgtnn
REPORT
ADMINISTRATION
Meeting:
General Purpose and Administration Committee
Date:
May 08, 2006
Resolution #:
Report #:
ADM-02-06
File #:
By-law #:
Subject:
Newcastle Library Branch
Project Planning Status
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report ADM-02-06 be received for information.
SUbmittedBb~ -S: ~
Franklin Wu
Chief Administrative Officer
FW /jp
Attachment: Project Flow Chart
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO LtC 3A6 T (905)623-3379 F (905)623-5506
1401
REPORT NO.: ADM-Q2-Q6
PAGE 2
1.0 BACKGROUND
1.1 Report ADM-02-06 has been prepared to update Council of the status of the Newcastle
Library Branch Project.
1.2 Subsequent to Council's approval in its 2006 Budget to go ahead with the Newcastle
Library Branch Project at the Newcastle Memorial Park site, the Chief Administrative
Officer has established a project planning team to oversee the project planning phase of
the project. The team members have been selected from various departments, utilizing
their respective areas of expertise.
Franklin Wu - Chair
Edith Hopkins - Library Director
Jane Pascoe - Executive Assistant to the CAO
Leslie Benson - Manager, Transportation and Design
Carlo Pellarin - Manager, Development Review Branch
Nancy Taylor - Director of Finance
Peter Windolf - Manager, Park Design
LouAnn Birkett - Purchasing Manager
Bruce Taylor - Interim Health and Safety Officer
1.3 The Committee has met on several occasions to undertake the various tasks as identified
in the work breakdown chart (attached).
2.0 KEY PROJECT MILESTONES
2.1 The Request for Architectural services was issued to over 30 interested consultants.
Following the RFP closing, the committee will meet to select 3-5 architectural firms for
interviews. The evaluation and selection process is based on a pre-established rating
system including such factors as experience, proj ect team composition, bid price,
methodology/delivery of their design concepts, etc.
2.2 Tentative project milestone dates are as follows:
Architect Interviews/Selection May / June 2006
Award of Architectural Services Contract June 2006
Erection of Sign age June 2006
Issuance of Construction Tender February 2007
Selection and Award of General Contractor March2007
Ground Breaking Ceremony April 2007
Substantial Completion of Construction Winter 2007 / 2008
2.3 The project team will continue to meet to ensure the project is moving forward
methodologically and will provide Council with project updates from time to time.
ATTACHMENT #1 Newcastle Library Project
1402
Unfinished Business
ClWilJglon
REPORT
CLERK'S DEPARTMENT
Meeting:
General Purpose and Administration Committee
Date:
May 8,2006
Report #: Addendum Report to CLD-005-06
File #:
By-law #:
Subject:
Hours of Operation For Gasoline Stations
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT the Addendum to Report CLD-005-06 and Report CLD-005-06 be received for
information.
Submitted b .
Reviewedby:d~~
Franklin Wu,
Chief Administrative Officer
PLB*LDC*
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C3A6 T 905-623-3379 F 905-623-6506
1501
ADDENDUM TO REPORT NO.: CLD-005-06
PAGE 3 of3
Additionally, the solicitor advises that even if the Municipal Act, 2001 permitted the Municipality
to pass by-laws to control the hours of operation of gasoline stations, it would not be possible
in law to require that only one station be closed for part of each day without specific statutory
authority to do so. Such specific statutory authority to discriminate in this way is not provided
in the Municipal Act, 2001. Consequently, it would not be possible to control the hours of
opening of only one of the 25 gasoline stations in the Municipality.
ATTACHMENT /11 CW..005-06
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506
1503
REPORT NO.: CLD-005-06
PAGE 2 of 4
BACKGROUND
At the regular meeting held on October 17,2005, Committee considered Planning
Report PSD-122-05 for a rezoning of land located at 114 Liberty Street South in
Bowmanville. The property is owned by Shell Canada and operated as a Beaver gas
station. It is Shell Canada's intention to clear and rebuild the existing site and operate
on a 24 hour basis. At the meeting staff were directed to "examine the feasibility of
hours of operations. "
A Community Meeting was subsequently called by the Planning Department to
address neighbourhood concerns over the rezoning application. During the
Community Meeting there was much discussion concerning the possible 24 hour
operation of the new gas station. Shell Canada's representatives were clear that the
company's intention is to move all their facilities to 24 hour operation.
ANALYSIS
There are 24 gas stations currently operating in Clarington. Of these, 12 stations are .
located adjacent to residential areas and 10 of the 24 are operating on a 24-hour basis.
Like the Beaver gas station, 5 of these 24-hour stations are located directly adjacent to
residential areas. A sixth station, currently under reconstruction at the comer of
Highway 2 and Darlington Boulevard, is believed to be preparing to operate on a 24
hour basis but that has not been confirmed.
For Council's reference, a table showing the location and hours of operation of the
currently operating stations has been attached hereto.
OPTIONS
The Municipal Act allows the local municipality to control hours of operation in two ways.
Section 148 states,
"A local municipality may require that retail business establishments be closed to
the public on all or any days of the week during any time between 6 p.m. of any
day and 5 a.m. of the next day. " .
Staff have conferred with the solicitor and he has confirmed that there is no provision in
this section to allow any business within the class to be grandfathered or excluded from
the regulation of the hours of operation. If it is Council's wish to restrict the hours of
operation, the by-law would impact all the current 24 hour operations within the
Municipality, with the only possible exception being the Esso station because it is
located on Highway 401.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 F 905-623-6506
1505
REPORT NO.: CLD-00S-Q6
PAGE 4 of4
The Municipal Solicitor has confirmed that the Municipality cannot impose licencing
criteria on the basis of a potential or perceived problem. If the station does rebuild and
open as a 24-hour operation, staff will monitor the situation. If a significant problem
develops that can be attributed to the extended hours of operation, then the Municipality
may move to impose a licencing program to address those issues. This would require
licencing of all gas stations within Clarington.
ATTACHMENT 1 GAS STATION SURVEY
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 F 905-623-6506
1507
Attachment #1 to Report CLD-005-06
GAS STATION
SURVEY
YES
LOCATION
YES
Mainly Fridays @
7am-9pm
SERVICE/
HOURS OF
ADJACENT TO
SERVICE
CONVENIENCE
CAR WASH
REPAIR
FUEL DELIVERY
OPERATION
RESIDENTIAL
Fifth Wheel Corporation
153 King St E,Bow
FULL
NO
2475 South Service Rd
SELF
YES
NO
NO
Vari es
24 Hours
NO
Shell Canada
Varies
SELF
YES
355 Waverly Rd S.Bow
SELF
YES
YES
NO
I
Usually late aft
I
24 Hours
NO
But can be at niaht
SELF
YES
195 King St. E,Bow
FULL
YES
NO
YES
Mainly Fridays @
7am-9pm
NO
Close
GoGo Carwash Ltd.
153 King St E,Bow
FULL
NO
YES
NO
Anytime
7am-9pm
YES
Ultramar
3367 Hwy 115
SELF
YES
NO
NO
Mostly midnight
6am-10pm
NO
Shell Canada
3459 Hwy 115135
SELF
YES
NO
NO
Varies
7am-10pm
YES
Esso
6065 Hwy 115/35
SELF
YES
NO
NO
Mostly Mornings
7am-9pm
NO
Esso
8786 Hwy 115/35 S.B.
SELF
YES
NO
NO
Night Delivery
5am-10pm
NO
4526 Hwy 115 S.B. FULL YES NO Yes
Beaver
3454 Hwy 115/35 S.B. FULL YES NO NO
V,
0/�
(0
Note:Shading signifies those stations located adjacent to residential areas and operating 24 hours.
During the day 7am-8pm YES
Varies 6am-11 pm NO