HomeMy WebLinkAbout05/23/2006 Energizing Ontario
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
DATE: MAY 23, 2006
TIME: 7:00 P.M.
PLACE: COUNCIL CHAMBERS
1. ROLL CALL
2. DISCLOSURES OF PECUNIARY INTEREST
3. MINUTES
(a) Minutes of a Regular Meeting of May 8, 2006 301
4.(a) PRESENTATIONS
No Presentations
(b) DELEGATIONS
(i) Mario Veltri— Newtonville Estates, Draft Plan of Subdivision
(ii) Nick Mensink, Sernas Associates— Newtonville Estates, Draft Plan of
Subdivision
5. PUBLIC MEETINGS
(a) Application to Amend the Zoning By-law 501
Applicant: Ridge Pine Paris Inc.
Report: PSD-058-06
(b) Application to Amend the Zoning By-law 503
Applicant: CCCC Durham West Ltd. (The Kaitlin Group Ltd.)
Report: PSD-059-06
(c) Application to Amend the Zoning By-law 84-63 505
Applicant: Municipality of Clarington
Report: PSD-060-06
CORPORATION OF THE MUNICIPALITY OF CLARINGTOI,
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO LIC 3A6 T (905) 623-337:
G.P. & A. Agenda .2 - May 23, 2006
(d) Comments on the Regional Recommendation Regaiding the Greenbelt 507
Plan
Report: PSD-061-06
(e) In accordance with Section 150 of the Municipal Act, 2001, c. 25, a 508
public meeting is being held to hear concerns and comments with respect
to the Municipality's proposed by-law amendments to regulate and licence
auctioneers in the Municipality of Clarington.
Report: Addendum Report to CLD-013-06
6. PLANNING SERVICES DEPARTMENT
(a) PSD-058-06 — Zoning By-law Amendment Application to Permit 601
the Western Expansion of Wilmot Creek Community
with Approximately 66 Additional Low Density Dwelling
Units
Applicant: Ridge Pine Park Inc.
(b) PSD-059-06 — Proposed Official Plan Amendment, Rezoning and 621
Amendment to Draft Approved Plan of Subdivision
18T-96013 to Permit the Development of 38 Semi-
Detached/Link Dwellings on a School Block
Applicant: CCCC Durham West Ltd. (The Kaftlin
Group Ltd.)
(c) PSD-060-06— Technical Amendment to Zoning By-law 84-63 644
Applicant: The Municipality of Clarington
(d) PSD-061-06 — Regional Submission on the Greenbelt Plan 650
(e) PSD-062-06— Monitoring of the Decisions of the Committee of 681
Adjustment for the Meeting of May 11, 2006
(f) PSD-063-06 — Licence Agreement for Hydro Corridor North of 686
Wilmot Creek for Waterfront Trail
7. ENGINEERING SERVICES DEPARTMENT
(a) EGD-029-06 — Clarington/Oshawa Boundary Road Agreement 701
(b) EGD-030-06 — Monthly Report on Building Permit Activity for 709
April, 2006
(c) EGD-031-06— Lowe Street and Temperance Street Reconstruction, 714
COMRIF Intake 1 Bridge Reconstruction Projects
- Public Information Centre
G.P. & A. Agenda - 3 - May 23, 2006
(d) EGD-032-06— Confidential Report regarding a property matter
8. OPERATIONS DEPARTMENT
(a) OPD-006-06 — CNE Garden Show 801
9. EMERGENCY AND FIRE SERVICES DEPARTMENT
(a) ESD-007-06 — Monthly Response Report—April 2006 901
10. COMMUNITY SERVICES DEPARTMENT
No Reports
11. CLERK'S DEPARTMENT
(a) CLD-015-06 — Quarterly Parking Report 1101
12. CORPORATE SERVICES DEPARTMENT
(a) COD-024-06 — Tender CL2006-15, Supply and Hauling Granular 1201
Material
(b) COD-025-06 — Tender CL2006-16, High Float Resurfacing 1204
13. FINANCE DEPARTMENT
(a) FND-005-06 — List of Applications for Cancellation, Reduction, 1301
Apportionments or Refund of Taxes
(b) FND-006-06 — Cash Activity Report— First Quarter of 2006 1306
(c) FND-007-06 —Orono Cemetery Board Loan 1312
14. CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT
No Reports
15. UNFINISHED BUSINESS
(a) Addendum to CLD-013-06 — Proposed Municipal Auctioneers 1501
Licencing By-law
16. OTHER BUSINESS
17. ADJOURNMENT
in<f w"t General Purpose and Administration Committee
..�
Minutes
May 8, 2006
Minutes of a meeting of the General Purpose and Administration Committee held on
Monday, May 8, 2006 at 9:30 a.m., in the Council Chambers.
ROLL CALL
Present Were: Mayor J. Mutton
Councillor A. Foster
Councillor D. MacArthur
Councillor P. Pingle
Councillor G. Robinson
Councillor J. Schell
Councillor C. Trim
Also Present: Chief Administrative Officer, F. Wu
Deputy Chief, Emergency& Fire Services, M. Berney
Director of Engineering Services, T. Cannella
Director of Community Services, J. Caruana
Director of Planning Services, D. Crome
Director of Operations, F. Horvath
Director of Corporate Services, M. Marano
Director of Finance Department, N. Taylor
Deputy Clerk, A. Greentree
Clerk II, C. Tennisco
Mayor Mutton chaired this portion of the meeting.
DISCLOSURES OF PECUNIARY INTEREST
Councillor MacArthur indicated that he would be stating a pecuniary interest with
respect to Report PSD-053-06, as he is a resident on Beech Avenue.
MINUTES
Resolution #GPA-199-06
Moved by Councillor Robinson, seconded by Councillor Schell
THAT the minutes of the regular meeting of the General Purpose and Administration
Committee held on April 24, 2006, be approved.
CARRIED
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May 8, 2006
PRESENTATION
There were no presentations.
DELEGATIONS
Resolution #GPA-200-06
Moved by Councillor Schell, seconded by Councillor MacArthur
THAT the agenda be altered to add Wilma Paul, Chris Harrison, and Gerald Hasiuk to
the list of delegations.
CARRIED
Lisa Corkery, appeared before the Committee with respect to Report.CSD-006-06—
Family and Youth Fitness. Ms. Corkery stated she believes creating a Family&
Children Fitness Program will develop healthy lifestyle habits and thanked Mayor
Mutton and Members of Council and staff, especially Joseph Caruana and Erica Mittag,
for their support and encouragement.
Councillor MacArthur stated a pecuniary interest pertaining to Report PSD-053-06,
vacated his chair and refrained from discussion on the subject matter. Councillor
MacArthur is a resident of Beech Avenue.
Victor Suppan, Clarington Heritage Committee, appeared before the Committee regarding
Report PSD-053-06 —Beech Avenue, Bowmanville- Heritage Conservation District
Designation and Heritage Conservation District Plan. Mr. Suppan commented that despite all
the trials and tribulations over past five years the Clarington Heritage Committee endorses the
Heritage District Plan as it will protect heritage in Clarington. He requested the Clarington
Heritage Committee be involved in any works to be performed in the designated heritage area
by the Municipality or the Region as its impact with the rules of cultural heritage existence.
Zane Bums addressed the Committee regarding Report CLD-012-06— Bill 8, An Act to
Amend the Children's Law Reform Act. Ms. Bums is requesting that Council endorse
Bill 8 to secure grandparents the legal right to see their grandchildren. Ms. Bums stated
that currently all too often, children are placed in foster care and she believes they
should be with their grandparents. Ms. Bums emphasized the importance of retaining
the emotional ties and relationships between grandparents and grandchildren and is
concerned with the long-term effects where there is no relationship.
Kevin McAlpine, Rotary Club of Courtice appeared before the Committee regarding
Report CLD-014-06 —Canada Day in Clarington. Mr. McAlpine announced 2006 is the
40 birthday of the Rotary Club and once again, looks forward to partnering with the
Municipality in hosting the Canada Day Event.
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May 8, 2006
Wilma Paul appeared before the Committee regarding accessibility issues within
Clarington. Ms. Paul stated concerns with accessible sidewalks at the intersection of
Liberty Street and Baseline Road, along Liberty and Concession Street, and regarding
non-accessible stores in downtown Bowmanville. Ms. Paul advised it is gratifying to
know the intersection of Liberty Street and Baseline Road is in the process of being
accessible for residents with disabilities and thanked Tony Cannella and his staff. She
advised that in the future, she will be working in conjunction with the Clarington
Accessibility Committee to address the concerns of people with disabilities.
Chris Harrison was called but was not present.
Gerald Hasiuk, 9841807 Ontario Limited, appeared before Council regarding Report
PSD-056-06— an Application for Removal of Holding. Mr. Hasiuk advised he was
appearing before the Committee due to correspondence received from Planning
Services advising his application was on the Agenda for May 8, 2006. It was noted
Mr. Hasiuk's application is before the Ontario Municipal Board and therefore, could not
be discussed in open forum. Mr. Hasiuk stated he had no comments at this time.
Councillor Foster chaired this portion of the meeting.
PUBLIC MEETING
(a) Subject: In accordance with Section 150 of the Municipal Act, 2001, a 25, a
public meeting is being held to hear concerns and comments with
respect to the Municipality's proposed by-law amendments to
regulate and licence auctioneers in the Municipality of Clarington.
Report: CLD-013-06
No one spoke in opposition to Report CLD-0 13-06.
Don Stephenson, Auctioneer, of a family business in Haydon for the past 100 years,
appeared before the Committee with respect to Report CLD-0 13-06— Proposed
Auctioneer's Licensing By-law. Mr. Stephenson fully supports the proposed by-law, but
expressed concerns regarding the difficulty applicants face in applying for a Criminal
Reference Check with Durham Regional Police Services. He believes the turnaround
time is too long and applicants should not be required to apply in Port Hope.
Mr. Stevenson suggested a Region wide application with one fee applicable to all
Auctioneers be implemented.
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Councillor Schell chaired this portion of the meeting.
(b) Subject: Application to Amend the Clarington Official Plan and Zoning By-law
Applicant: Bowmanville Creek Developments Inc. (Torgan Group)
Report: PSD-050-06
Richard Holy, Planner, Planning Services, provided a verbal report and a slide
presentation pertaining to Report PSD-050-06.
No one spoke in opposition to or support of Report PSD-050-06.
Adam Brown, Solicitor for the applicant, Bowmanville Creek Development Inc. (Torgan
Group), appeared before the Committee in support of Report PSD-050-06 and to
address any concerns of the Committee. Mr. Brown stated that time is of the essence
for this application and requested staff to consider bringing forth the by-law to Council
with modifications to the area 'rf this would assist in expediting the matter.
(c) Subject : Application to Amend the Zoning By-law 84-63
Applicant: Shell Canada Products Limited
Report: PSD-051-06
Bruce Howarth;Planner, Planning Services, provided a verbal report and a slide
presentation pertaining to Report PSD-051-06.
Barb Buttonshaw, nearby neighbour of the proposed site, appeared before the
Committee regarding Report PSD-051-06 — Rezoning to Permit a Convenience Store
Accessory to a Motor Vehicle Service Station. Ms. Buttonshaw, stated a concern with
noise, related to a 24 hour operation. She asked what are the recourses available
should the noise become an issue. Ms. Buttonshaw requested a copy of the results
from the Environmental Assessment and also enquired as to what else could be
developed on this property now without seeking Council's approval.
Robert Dragicevic, Walker Nott Dragicevic, on behalf of the applicant, Shell Canada
Products Limited, appeared before the Committee in support of Report PSD-051-06,
and suggested "further to the provisions of the Environmental Protection Act" be added
to Recommendation #3 of the Report.
(d) Subject: Application for Approval of Draft Plan of Subdivision and Amendment to
Zoning By-law 86-63
Applicant: Black Creek Developments Ltd.
Report: PSD-052-06
Tracy Webster, Planner, Planning Services, provided a verbal report and a slide
presentation pertaining to Report PSD-052-06.
No one spoke in opposition to or support of Report PSD-052-06.
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May S, 2006
Glenn Gange, D. G. Biddle, & Associates Ltd., on behalf of the applicant, Black Creek
Developments Ltd., appeared before the Committee in support of Report PSD-052-06
and to address any concerns of the Committee.
Councillor MacArthur stated a pecuniary interest pertaining to Report PSD-053-06,
vacated his chair and refrained from discussion on the subject matter. Councillor
MacArthur is a resident of Beech Avenue.
(e) Subject: Beech Avenue Heritage Conservation District Designation and Plan
Report: PSD-053-06
Isabelle Little, Planning Services, provided a verbal report and a slide presentation
pertaining to Report PSD-053-06.
No one spoke in opposition to Report PSD-053-06.
Victor Suppan, Clarington Heritage Committee, appeared before the Committee in
support of Report PSD-053-06. Mr. Suppan stated he is happy with the outcome of the
designation and thanked Council
Resolution #GPA-201-06
Moved by Mayor Mutton, seconded by Councillor Robinson
THAT the agenda be altered to allow for the consideration of Clerk's Department
Reports and Addendum Report to CLD-005-06 listed under Unfinished Business on the
Agenda, at this time.
CARRIED
Councillor Foster chaired this portion of the meeting.
CLERK'S DEPARTMENT
2006 MUNICIPAL ELECTIONS —VOTE COUNTING EQUIPMENT
Resolution #GPA-202-06
Moved by Councillor MacArthur, seconded by Councillor Trim
THAT Report CLD-011-06 be received;
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
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General Purpose and Administration Committee
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May 8, 2006
THAT the by-law attached to Report CLD-011-06, be forwarded to Council for
enactment.
CARRIED
BILL 8—AN ACT TO AMEND THE CHILDREN'S LAW REFORM ACT
Resolution #GPA-203-06
Moved by Mayor Mutton, seconded by Councillor MacArthur
THAT Report CLD-012-06 be received;
THAT a letter of support for Bill 8, 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
THAT Zena Bums be advised of Council's decision.
CARRIED
PROPOSED AUCTIONEER'S LICENCING BY-LAW
Resolution #GPA-204-06
Moved by Councillor MacArthur, seconded by Councillor Pingle
THAT Report CLD-013-06 be received;
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
THAT the interested parties listed in Report CLD-013-06 and any delegations be
advised of Council's decision.
REFERRED TO STAFF
LATER IN THE MEETING
(SEE FOLLOWING MOTION)
Resolution #GPA-205-06
Moved by Councillor Schell, seconded by Councillor Pingle
THAT Report CLD-013-06 be referred back to staff to consider increasing the one day
licensing fee.
CARRIED
The foregoing Resolution #GPA-204-06 was then referred to staff.
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May 8, 2006
CANADA DAY IN CLARINGTON
Resolution #GPA-206-06
Moved by Councillor Schell, seconded by Mayor Mutton
THAT Report CLD-014-06 be received; and
THAT the Rotary Club of Courtice be approved for a $3,000.00 grant in support of their
"Canada Day In Clarington" event.
CARRIED
UNFINISHED BUSINESS
HOURS OF OPERATION FOR GASOLINE STATIONS
Resolution #GPA-207-06
Moved by Councillor MacArthur, seconded by Councillor Robinson
THAT the Addendum to Report CLD-005-06 and Report CLD-005-06 be received
for information.
CARRIED
Councillor Schell chaired this portion of the meeting
PLANNING SERVICES DEPARTMENT
APPLICATIONS TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING BY-
LAW BY BOWMANVILLE CREEK DEVELOPMENTS INC. (TORGAN GROUP) TO
PERMIT A WIDER RANGE OF COMMERCIAL USES
Resolution#GPA-206-06
Moved by Councillor Trim, seconded by Councillor Robinson
THAT Report PSD-050-06 be received;
THAT the application submitted by Bowmanville Creek Developments Inc. be referred
back to Staff for further processing and the preparation of a further report following the
receipt of all outstanding information and agency comments;
THAT a copy of Report PSD-050-06 and Council's decision be forwarded to the
Regional Municipality of Durham Planning Department; and,
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THAT all interested parties listed in Report PSD-050-06 and any delegations be advised
of Council's decision.
CARRIED
REZONING TO PERMIT A CONVENIENCE STORE ACCESSORY TO A
MOTOR VEHICLE SERVICE STATION
APPLICANT: SHELL CANADA PRODUCTS LIMITED
Resolution #GPA-209-06
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT Report PSD-051-06 be received;
THAT the rezoning application submitted on behalf of Shell Canada Products be
approved and that the attached zoning by-law amendment be adopted by Council;
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 any on-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
THAT all interested parties listed in Report PSD-051-06 and any delegations be advised
of Council's decision.
CARRIED AS AMENDED
LATER IN THE MEETING
(SEE FOLLOWING AMENDING MOTIONS)
Resolution #GPA-210-06
Moved by Councillor MacArthur, seconded by Councillor Pingle
THAT the foregoing Resolution#GPA-209-06 be amended by adding the following:
THAT "per the provisions of the Environmental Protection Act" be inserted following
"accepted standards" in lines 3 and 5 of Recommendation #3.
CARRIED
The foregoing Resolution #GPA-209-06 was then put to a vote and CARRIED AS
AMENDED.
I
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General Purpose and Administration Committee
Minutes
May 8, 2006
REZONING AND PROPOSED DRAFT PLAN OF SUBDIVISION TO PERMIT THE
DEVELOPMENT OF 48 RESIDENTIAL UNITS
APPLICANT: BLACK CREEK DEVELOPMENTS LTD.
Resolution #GPA-211-06
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT Report PSD-052-06 be received;
THAT the proposed Draft Plan of Subdivision 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
THAT the applicant, Region of Durham, all interested parties listed in Report
PSD-052-06 and any delegations be advised of Council's decision.
CARRIED
Councillor MacArthur stated a pecuniary interest pertaining to Report PSD-053-06,
vacated his chair and refrained from voting on the subject matter. Councillor MacArthur
is a resident of Beech Avenue.
BEECH AVENUE, BOWMANVILLE - HERITAGE CONSERVATION DISTRICT
DESIGNATION AND HERITAGE CONSERVATION DISTRICT PLAN
Resolution #GPA-212-06 -
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Report PSD-053-06 be received;
THAT a Beech Avenue Heritage Conservation District Plan, Attachment 1 to Report
PSD-053-06, be adopted under Part V of the Ontario Heritage Act;
THAT the Beech Avenue Heritage Conservation District By-law be adopted;
THAT the Beech Avenue Heritage Conservation District be reviewed with input from the
residents three years after it comes into force; and
THAT any interested parties or delegation in Report PSD-053-06 be advised of
Council's decision.
CARRIED
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General Purpose and Administration Committee
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May 8, 2006
APPLICATION FOR REMOVAL OF PART LOT CONTROL
APPLICANT: THE KAITLIN GROUP
Resolution #GPA-213-06
Moved by Councillor Pingle, seconded by Councillor Trim
THAT Report PSD-05406 be received;
THAT the request for Removal of Part Lot Control with respect to block 22 on Registered
Plan 40M-1864, and blocks 85 and 86 on Registered Plan 40M-2185, be approved and
that the Part Lot Control By-law, attached to Report PSD-054-06, be passed pursuant to
Section 50 (7.1)of the Planning Act; and
THAT all interested parties listed in Report PSD-054-06, any delegations and the
Regional Municipality of Durham Planning Department be advised of Council's decision.
CARRIED
MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR
THE MEETING OF APRIL 20, 2006
Resolution #GPA-214-06
Moved by Councillor Trim, seconded by Councillor MacArthur
THAT Report PSD-055-06 be received; and
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.
CARRIED
APPLICATION FOR REMOVAL OF HOLDING
OWNER: 941807 ONTARIO LIMITED
Resolution #GPA-215-06
Moved by Councillor MacArthur, seconded by Councillor Robinson
THAT Report PSD-056-06 be received;
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;
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May 8, 2006
THAT Staff be authorized, 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, to
Report PSD-056-06; and
THAT all interested parties listed in Report PSD-056-06, any delegations and the Regional
Municipality of Durham Planning Department be advised of Council's decision;
FORTHWITH.
CARRIED
SALE OF SURPLUS PROPERTY AND ROAD ALLOWANCE ON BRADSHAW
STREET, BOWMANVILLE TO DEVON DOWNS DEVELOPMENT LIMITED (THE
FOLEY GROUP)
Resolution #GPA-216-06
Moved by Councillor Pingle, seconded by Councillor Trim
THAT Report PSD-057-06 be received;
THAT the by-law attached to Report PSD-057-06 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 Report PSD-057-06, to Devon Downs
Development Limited (the Foley Group)for$67,000;
THAT the proceeds from the sale of the surplus property be deposited into the
Municipal Acquisition of Real Property Reserve Account; and
THAT staff and the Municipal solicitor be authorized to take all necessary actions to
complete the transactions.
CARRIED
Councillor MacArthur chaired this portion of the meeting.
ENGINEERING SERVICES DEPARTMENT
BY-LAW TO REGULATE CONSTRUCTION OF DRIVEWAY ENTRANCES UPON
THE HIGHWAYS UNDER THE JURISDICTION OF THE MUNICIPALITY OF
CLARINGTON
Resolution#GPA-217-06
Moved by Councillor Schell, seconded by Councillor Robinson
THAT Report EGD-018-06 be received;
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May 8, 2006
THAT Council pass By-law No. 2006-XX, attached to Report EGD-018-06, to regulate
the construction of driveway entrances upon highways under the jurisdiction of the
Municipality of Clarington; and
THAT Council repeal By-law No. 81-37 and By-law 96-43.
CARRIED
INTERSECTION OF LONGWORTH AVENUE AND REGIONAL ROAD 57,
BOWMANVILLE
Resolution #GPA-218-06
Moved by Councillor Schell, seconded by Mayor Mutton
THAT Report EGD-026-06 be received; and
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.
CARRIED
20 KING STREET EAST TRANSIT SHELTER CONSTRUCTION & KING STREET
BRIDGE REHABILITATION — PUBLIC INFORMATION CENTRE
Resolution #GPA-219-06
Moved by Councillor Schell, seconded by Councillor Robinson
THAT Report EGD-027-06 be received;
That the King Street Transit Shelter be referred back to staff for further processing
through an additional Public Information Centre;
THAT the Bridge Rehabilitation be constructed as per modified Option 2; and
THAT all those who attended the Public Information Centre and who have contacted the
Municipality as interested parties be informed of Report EGD-027-06.
CARRIED
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May 8, 2006
INTERSECTION OF BASELINE ROAD AND HOLT ROAD
Resolution #GPA-220-06
Moved by Councillor Schell, seconded by Councillor Foster
THAT Report EGD-028-06 be received;
THAT the intersection of Baseline Road and Holt Road become an all-way stop; and
THAT the proposed by-law, attached to Report EGD-028-06, be approved by Council.
CARRIED
OPERATIONS DEPARTMENT
There were no reports considered under this section of the Agenda.
EMERGENCY & FIRE SERVICES DEPARTMENT
There were no reports considered under this section of the Agenda.
Councillor Robinson chaired this portion of the meeting.
COMMUNITY SERVICES DEPARTMENT
FAMILY AND YOUTH FITNESS
Resolution #GPA-221-06
Moved by Councillor Pingle, seconded by Councillor Schell
THAT Report CSD-006-06 be received; and
THAT Council authorize staff to develop a revenue-neutral youth fitness program as
outlined in Report CSD-006-06, to be introduced during the fall of 2006.
CARRIED
PUBLIC ACCESS DEFIBRILLATOR— PROGRAM ASSISTANCE
Resolution #GPA-222-06
Moved by Councillor Pingle, seconded by Councillor Foster
THAT Report CSD-008-06 be received;
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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;
THAT staff be authorized to over expend the 2006 operating budget for the initial
Support and certification cost of$8,400.00 and the alarm installation and first year
of monitoring cost of$3,200.00;
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
THAT the Orono Arena Board,Newcastle Arena Board and the Newcastle
Community Hall Board be advised of action taken.
CARRIED
SUPPLEMENTAL RATES AND FEES
Resolution#GPA-223-06
Moved by Councillor Pingle, seconded by Councillor Schell
THAT Report CSD-009-06 be received; and
THAT Council approve the Supplemental Rates and Fees Schedule, attached to Report
CSD-009-06, for the period May 1, 2006 to August 31, 2007.
CARRIED AS AMENDED
LATER IN THE MEETING
(SEE FOLLOWING AMENDING MOTIONS)
Resolution #GPA-224-06
Moved by Councillor Schell, seconded by Mayor Mutton
THAT the foregoing Resolution #GPA-223-06 be amended by adding the following:
THAT the Total Hockey fee of$2.00 for a child (1 — 5) be waived when the child is
accompanied by a parent or guardian.
CARRIED
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May 8, 2006
Resolution #GPA-225-06
Moved by Councillor Trim, seconded by Councillor Foster
THAT the parking lot fees of$500.00 and $250.00 be waived for events
conducted by charitable or not-for-profit organizations.
CARRIED
The foregoing Resolution #GPA-223-06 was then put to a vote and CARRIED AS
AMENDED.
Mayor Mutton chaired this portion of the meeting.
CORPORATE SERVICES DEPARTMENT
LIONS CLUB OFFER TO LEASE, CLARINGTON BEECH CENTRE
Resolution #GPA-226-06
Moved by Councillor Schell, seconded by Councillor MacArthur
THAT Report COD-018-06 be received;
THAT the offer from the Lions Club for the lease of space in the Clarington Beech
Centre in the amount of$929.86 / month for the term of September 1, 2006 to June 30,
2007 be approved; and
THAT the By-law attached to Report COD-018-06, marked Schedule"A", authorizing
the Mayor and the Clerk to execute the lease agreement with the Lions Club be
forwarded to Council for approval.
CARRIED
CL2006-12, HARVEY JACKSON BALL DIAMOND LIGHTING
Resolution #GPA-227-06
Moved by Councillor Trim, seconded by Councillor Robinson
THAT Report COD-019-06 be received;
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 Diamond Lighting as required by the Engineering Department;
- 15 -
315
General Purpose and Administration Committee
Minutes
May 8, 2006
THAT the funds required in the amount 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
THAT the By-law attached to Report COD-019-06, marked Schedule "A", authorizing
the Mayor and the Clerk to execute the necessary agreement be approved;
FORTHWITH.
CARRIED
FAIR WAGE SCHEDULE
Resolution#GPA-228-06
Moved by Councillor MacArthur, seconded by Councillor Pingle
THAT Report COD-020-06 be received;
THAT the Fair Wage Policy for the Municipality of Clarington be extended for one
additional year; and
THAT staff report back to Council in June, 2007.
CARRIED
REQUEST FOR PROPOSAL RFP2006-5, CONSULTING SERVICES,
COMMUNITY SERVICES DEPARTMENT— STRATEGIC PLAN
Resolution #GPA-229-06
Moved by Councillor Schell, seconded by Councillor Robinson
THAT Report COD-021-06 be received;
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);
THAT the funds required be drawn from the Community Services Administration 2006
Consulting Account#100-42-130-10085-7160;
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
- 16 -
316
General Purpose and Administration Committee
Minutes
May 8, 2006
THAT the attached By-law attached to Report COD-021-06, marked Schedule "A"
authorizing the Mayor and the Clerk to execute the necessary agreement be approved.
CARRIED
TENDER CL2006-61 2006 CRACK SEALING PROGRAMS, VARIOUS
LOCATIONS
Resolution #GPA-230-06
Moved by Councillor Foster, seconded by Councillor Pingle
THAT Report COD-022-06 be received;
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
THAT the funds required be provided from the Operations Department 2006 Budget—
Account#100-36381-10250-7163.
CARRIED
FINANCE DEPARTMENT
There were no reports considered under this section of the Agenda.
CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT
NEWCASTLE LIBRARY BRANCH — PROJECT PLANNING STATUS
Resolution #GPA-231-06
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Report ADM-002-06 be received for information.
CARRIED
- 17 -
317
General Purpose and Administration Committee
Minutes
May 8, 2006
UNFINISHED BUSINESS
Resolution #GPA-232-06
Moved by Councillor Foster, seconded by Councillor MacArthur
THAT the delegation of Wilma Paul be referred to the Clarington Accessibility Advisory
Committee.
CARRIED
OTHER BUSINESS
Resolution #GPA-233-06
Moved by Councillor Schell, seconded by Councillor Trim
THAT Debra Farmer's request to sell fireworks at the Garnet B. Rickard Centre
over the Victoria Day weekend be approved provided the organizers apply for all
necessary permits and submit all necessary fees and supporting documentation
including insurance certificates.
CARRIED
Resolution #GPA-234-06
Moved by Councillor Trim, seconded by Councillor Robinson
WHEREAS the Village of Newcastle is celebrating its sesquicentennial in 2006;
AND WHEREAS a program of various activities is being planned for the July 1 weekend
in celebration of the event;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Municipality of
Clarington authorize the Community Services Department to provide public swimming at
the Newcastle Lions Pool free of charge on Friday, June 30, Saturday, July 1 and
Sunday, July 2, 2006.
CARRIED
Councillor Trim announced that Earth Day was a huge success. More than 2,000
volunteers cleared 34 areas.
Councillor MacArthur attended the Annual General Meeting of the Visual Arts Centre
and extends the Board's sincere appreciation for Councils continued support and
interest in cultural affairs in the community.
Councillor Foster attended the Courtice Business Association Wine Tasting Event and
is pleased to announce $2,000.00 was raised.
- 18 -
318
General Purpose and Administration Committee
Minutes
May 6, 2006
Resolution #GPA-235-06
Moved by Councillor Schell, seconded by Councillor Robinson
THAT the meeting be "closed" to allow for consideration of a personnel matter.
CARRIED
The meeting resumed in "open" session at 12:09 p.m.
RATIFY ACTIONS
Resolution #GPA-236-06
Moved by Councillor Schell, seconded by Councillor Foster
THAT the actions taken at the closed meeting be rated.
CARRIED
ADJOURNMENT
Resolution #GPA-237-06
Moved by Councillor Foster, seconded by Councillor Schell
THAT the meeting adjourn at 12:11 p.m.
CARRIED
MAYOR DEPUTY CLERK
- 19 -
319
PUBLIC MEETING
QMORhORALITY OF THE 06APR. REPORT # PSD-058-06
MUNICIPALITY OF CLARINGTON RIDGE PINE PARK INC.
drRB:>«1Voy NOTICE OF PUBLIC MEETING (RE-CIRCULATION)
DEVELOPMENT APPLICATION BY: RIDGE PINE PARK INC.
AN APPLICATION TO AMEND THE ZONING BY-LAW
TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider a proposed Zoning By-law
Amendment under Section 34 of the Planning Ad, 1990,as amended.
APPLICATION DETAILS
The proposed Zoning By-law Amendment submitted by Ridge Pine Park Inc.would permit the re-zoning of'Agricultural (A)
Zone' lands to an appropriate urban residential zone in order to permit the western expansion of Wilmot Creek Community with
approximately 67 additional low density dwelling units.
The subject property is located in Part Lot 4,Concession Broken Front Former Township of Darlington,at the south end and
east side of Bennett Road as shown on reverse.
Planning File No.: ZBA 2005-030
PUBLIC MEETING
The Municipality of Clarington will hold a public meeting to provide interested parties the opportunity to make commends,
identify issues and provide additional information relative to the proposed development. The public meeting will be held on:
DATE: Tuesday, May 23,2006
TIME: 7:00 p.m.
PLACE: Council Chambers,2nd Floor,Municipal Administrative Centre,
40 Temperance St,Bowmanville,Ontario
ANY PERSON may attend the public meeting andlor make written or verbal representation either in support of or In opposition to the
proposal. The start time listed above reflects the time at which the General Purpose and Administration Committee Meeting commer>ces.
If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Monday.May 29,2006,
commencing at 7:00 p.m. Should you wish to appear before Counal,you must register with the Clerks Deparknent by the Wednesday noon,
May 24,2006 to have your name appear In the Agenda.
COMMENTS OR QUESTIONS?
If you wish to make a written submission or if you wish lobe notified of subsequent meetinns or approval of the proposed
Zoning By-law Amendment you must submit a_written request to the Clerk's Department, 2 Floor, 40 Temperance Street,
Bowmanville,Ontario L1C 3A6.
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, 3d Floor,40 Temperance Street Bowmanville, Ontario L1C 3A6,or by calling Bob Russell at(905)623-
3379 extension 341 or by e-mail at brussell @munidpality.daringlon.on.ca
APPEAL
If a person or public body that files a notice of appeal of a decision for the proposed 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 Zoning By-law Amendment is approved,the Ontario Municipal Board may dismiss all or part of the appeal.
Dated at the Municipality of Garington this 20 day of April,2006.
r
wva Crome,M.C.I.P., R.P.P. 40 Temperance Street 4 -
(/ Director of Planning Services Bowmanville,Ontario
Municipality of Clarington L1C 3A6
501
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CORPORATION OF THE PUBLIC MEETING
• PSD-059-06
MUNICIPALITY OF CLARINGTON REPORT fl CCCC D If ST LTD.
l �11 •VIII NOTICE OF PUBLIC MEETING REVISTME
Leading fhe Way
DEVELOPMENT APPLICATION BY: CCCC Durham West Ltd. (The Kaitlin Group Ltd.)
AN APPLICATION TO AMEND THE ZONING BY-LAW
TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider a proposed Zoning
By-law under Section 34 of the Planning Act, 1990, as amended.
APPLICATION DETAILS
The rezoning application proposes to increase the rear yard setback for a proposed 38 semi-detached lot plan of
subdivision from 5.0 m to 7.5 m.
The subject property is generally located on the south side of Milligan Street, west of Port of Newcastle Drive and
east of Toronto Street, being in Part of Lots 29 and 30, Broken Front Concession, former Township of Clarke (as
shown on reverse).
Planning File Nos.: ZBA2006-0013 X-Ref COPA 2005-0009 and 18T-96013
PUBLIC MEETING
The Municipality of Clarington will hold a public meeting to provide interested parties the opportunity to make
comments, identify issues and provide additional information relative to the proposed development. The public
meeting will be held on:
DATE: Tuesday, May 23, 2006
TIME: 7:00 p.m.
PLACE: Council Chambers, 2nd Floor, Municipal Administrative Centre,
40 Temperance St., Bowmanville,Ontario
ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or
in opposition to the proposal. The start time listed above reflects the time at which the General Purpose and
Administration Committee Meeting commences.
If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting
on Monday, May 29, 2006, commencing at 7:00 p.m. Should you wish to appear before Council, you must
register with the Clerks Department by the Wednesday noon, May 24, 2006 to have your name appear in the
Agenda.
COMMENTS OR QUESTIONS?
If you wish to make a written submission or if you wish to be notified of subsequent meetings or the adoption of the
proposed Zoning By-law Amendment you must submit a written request to the Clerk's Department, 2 Floor, 40
Temperance Street, Bowmanville, Ontario L1C 3A6.
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, 3'd Floor, 40 Temperance Street, Bowmanville, Ontario L1C 3A6, or by calling
Tracey Webster at(905)623-3379 extension 326 or by e-mail at twebsterftlarinaotn.net
APPEAL
If a person or public body that files a notice of appeal of a decision on the proposed 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 Zoning By-law Amendment is approved, the Ontario Municipal Board may
dismiss all or part of the appeal
Da Municipality of Clarington this 41" day of May 2006.
D Crome, M.C.I.P., R.P.P. 40 Temperance Street
D rector of Planning Services BowmanvUls,Ontario
Municipality of Clarington L1C 3A6
503
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PUBLIC MEETING
yf REPORT f PSD-060-06
CORPORATION F THE MUNICIPALITY OF
Ci1il■ ■�a■■■�jan(i�!■L■ MUNICIPALITY OF CLARINGTON CLARINGTON
Leading the way - NOTICE OF PUBLIC MEET ING
DEVELOPMENT APPLICATION BY: THE MUNICIPALITY OF CLARINGTON
AN APPLICATION TO AMEND THE ZONING BY-LAW 84-63
TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider a proposed Zoning
By-law Amendment, under Section 34 of the Planning Act, 1990, as amended.
APPLICATION DETAILS
The Municipality of Clarington is proposing a technical amendment to correct an error by rezoning the subject lands
from"Urban Residential Exception(R2-24)"to"Urban Residential Exception (R1-05)"to permit linked dwellings. The
approval of the plan of subdivision by the Ontario Municipal Board provided for linked dwelling units but the lands
were inadvertently zoned for single detached dwellings.
The subject properties are located in the centre of Sleeman Square as shown on reverse.
Planning File No.: ZBA 2006.0012
PUBLIC MEETING
The Municipality of Clarington will hold a public meeting to provide interested parties the opportunity to make
comments, identify issues and provide additional information relative to the proposed development The public
meeting will be held on:
DATE: Tuesday,May 23,2006
TIME: 7:00 p.m.
PLACE: Council Chambers,2nd Floor,Municipal Administrative Centre,
40 Temperance St,Bowmamri8e,Ontario
ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in
opposition to the proposal. The start time fisted above reflects the time at which the General Purpose and
Administration Committee Meeting commences.
If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting
on Monday May 29, 2006, commencing at 7:00 p.m. Should you wish to appear before Council,you must register
with the Clerks Department by the Wednesday noon, May 24, 2006 to have your name appear in the Agenda.
COMMENTS OR QUESTIONS?
If you wish to make a written submission or If you wish to be notified of subsequent meetings or the adoption of the
proposed Zoning By-law Amendment, you must submit a written request to the Clerk's Department, 2n0 Floor, 40
Temperance Street, Bowmanville, Ontario L1 C 3A6.
Additional information relating to the proposal is available for inspection between 6:00 a.m. and 5:00 p.m. at the
Planning Services Department, 3b Floor,40 Temperance Street, Bowmanvilla,Cr aric ':C 3rG,
Webster at(905)623-3379 extension 326 or by e-mail at twebster@clarington.net.
APPEAL
If a person or public body that files a notice of appeal of a decision for the proposed 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 Zoning By-law Amendment is approved, the Ontario Municipal Board may dismiss all or part of
the appeal
Dated at the Municipality of Clarington this Sd day of May, 2006.
a Crome,M.C.I.P.,R.P.P. 40 Temperance Street
Director of Planning Services Bowmanviile,Ontario
Municipality of Clarington LIC 3A6
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REPORT S PSD-061-06
Cjn yr/^■yam CORPORATION OF THE
j1i.111■ �ll.■l/fij MUNICIPALITY OF CLARINGTON
ceddr"grxew"y PUBLIC NOTICE
DURHAM REGION PLANNING COMMITTEE
Submission on Province's Greenbelt Boundaries
Planning File No.: PLN 1.1.9
Durham Region is considering making a submission to the Minister of Municipal Affairs to request
changes to the Greenbelt Plan to delete certain lands near the Courtice Urban Area (see Map below).
The effect of such a change would be to allow for urban development in these areas.
Pebblestone Road
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Clarington will be considering its position on the proposal to adjust the Greenbelt boundaries through a
report being prepared by the Planning Services Department. This will be considered by the General
Purpose and Administration Committee on:
DATE: Tuesday, May 23 2006
TIME: 7:00 p.m.
PLACE: Council Chambers, 2"d Floor, Municipal Administrative Centre,
40 Temperance St, Bowmanville, Ontario
If you wish to speak to this matter at this meeting, you must register with the Clerk's Department by
Wednesday noon, May 17"' 2006.
This matter will subsequently be considered by Council on Monday May 29, 2006 at their meeting
starting at 7:00 pm. Should you wish to appear before Council, you must register with the Clerks
Department by Wednesday noon, May 24, 2006.
Additional information relating to the submission is available between 8:00 am and 5:00 pm from the
Planning Services Department, 3'd Floor, 40 Temperance Street Bowmanville, Ontario, L1C 3A6, or by
calling Faye Langmaid at (905) 623-3379 extension 216 or by e-mail at flangmaid@cladngton.net.
507
PUBLIC MEETING
ADDENDUM TO
REPORT # CLD-013-06
PUBLIC MEETING MUNICIPALITY OF
CLARINGTON
AUCTIONEER LICENCING BY-LAW
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 8, 2006
9:30 a.m.
Council Chambers, Municipal Administrative Centre
40 Temperance Street, Bowmanville, 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
508
j
Clarin�ton REPORT
Leadingtke Way
PLANNING SERVICES
PUDLIC MEETING
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Tuesday, May 23, 2006
Report#: PSD-058-06 File #: ZBA 2005-030 Byelaw #:
Subject: ZONING BY-LAW AMENDMENT APPLICATION TO PERMIT THE
WESTERN EXPANSION OF WILMOT CREEK COMMUNITY WITH
APPROXIMATELY 66 ADDITIONAL LOW DENSITY DWELLING UNITS
APPLICANT: RIDGE PINE PARK INC.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-058-06 be received;
2. THAT By-law 2006-024 be repealed;
3. THAT the rezoning application submitted by Ridge Pine Park Inc. be
APPROVED and that the Zoning By-law Amendment as contained in Attachment
3 be adopted by Council;
4. THAT a By-law to remove the Holding (H) symbol be forwarded to Council at
such time that the applicant has satisfied the provisions of Section 23.4.3 of the
Official Plan including executing a site plan agreement; and
5. THAT all interested parties listed in Report PSD-058-06, any delegations, and
the Regional Municipality of Durham Planning Department be advised of
Council's decision.
Submitted by: Reviewed by:J
DbAP. Crome, M.C.I.P.,R.P.P. Franklin Wu
Director, Planning Services Chief Administrative Officer
BR*CP*DC*sh*jd
May 16, 2006
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T (905)623-3379 F(905)623-0830
601
REPORT NO.: PSD-058-06 PAGE 2
1.0 APPLICATION DETAILS
1.1 Owner: Ridge Pine Park Inc.
1.2 Applicant: (same as owner)
1.3 Rezoning: Appropriate to allow 66 residential units (re-circulation)
1.4 Area: Area to be developed: 6.483 hectares (16.02 acres).
Area to be Municipal Waterfront Park: 7.287 hectares (18.01
acres)
1.5 Location: The area subject to rezoning is at the western limits of
Wilmot Creek Community and located in Part of Lot 4,
Broken Front Concession, former Township of Darlington
(see Attachment 1).
2.0 BACKGROUND
2.1 On June 24, 2005, the Planning Services Department received from Ridge Pine
Park Inc. an application to amend the Clarington Official Plan and an application
to rezone the area to be developed. The application was to permit approximately
66 dwellings, all low density, and related private streets on the 6.483 hectares
(16.02 acres) immediately abutting the west limits of the existing residential
community (Attachment 1).
2.2 In February of this year the Clarington Official Plan Amendment and Zoning By-
law Amendment were considered by Council and approved. Approval of both
these applications is a pre-requisite for the approval of the site plan approval
application.
2.3 At the February 13, 2006 meeting Zoning By-law 2006-024 was passed by
Council However, inadvertently the Official Plan Amendment By-law was placed
on a subsequent agenda on February 21, 2006. The Zoning By-law must
conform to the Official Plan; therefore the by-law approving the official plan
amendment should have been approved first. The timing of the approval of the
By-laws means the zoning by-law is technically not in conformity with the Official
Plan. We have received legal advice that a new zoning by-law amendment is
required to be adopted.
2.4 in order to adopt a zoning by-law amendment a new public meeting was required
to satisfy the requirements of the Planning Act.
2.5 The details of the rezoning application, as well as the official plan amendment
can be found in Report PSD-014-06 (Attachment 2). This is the report presented
at the February 6, 2006 GPA Committee meeting, dealing with both the Official
Plan Amendment and the Zoning By-law Amendment. It is noted that at the
above GPA Committee meeting no one spoke with objections or concerns about
the proposal
602
REPORT NO.: PSD-058-06 PAGE 3
2.6 The timing of the introduction of the Zoning By-law Amendment is what has
changed. The actual development proposal has not changed.
3.0 PUBLIC NOTICE AND SUBMISSIONS
3.1 Public notice was given by mail to each landowner within 120 metres of the
subject property, which includes the two previously mentioned areas, and two
public notice signs were installed, one approximately midway on the Bennett
Road frontage and one at the west end of the cul-de-sac terminating Hinkley
Trail. Public Notice was also posted on the Notice Board at the Wilmot Creek
Community Centre (the Wheelhouse).
3.2 As a result of the second public notification process, to date, the Planning
Services Department has received no telephone inquiries, no counter and no e-
mail inquiries.
4.0 STAFF COMMENTS
4.1 The holding of a new public meeting for the zoning by-law amendment is a
technical requirement to legally pass the zoning by-law amendment.
5.0 CONCLUSION
5.1 In consideration of the comments contained in this report, staff respectfully
recommends the adoption of the zoning by-law amendment as contained in
Attachment 3.
Attachments:
Attachment 1 —Site Location Key Map and Property Plan
Attachment 2 — PSD-0 14-06
Attachment 3—Zoning By-law Amendment
603
REPORT NO.: PSD-058-06 PAGE 4
Interested parties to be notified of Council's decision:
Mr. Ufton
Mr. Bruce Hadji
Linda Gasser
Ridge Pine Park Inc.
Semas Associates
Clarington Industrial Services Inc.
Mark and Kisbee Barristers and Solicitors
Bernie Hirseland, McGraw Hill Construction
Jim Reinger
Dave Diamond
Ernest Burnie
Deborah & Reid Allin
604
Attachment 1
To Report PSD-058-06
a
EMERGENCY ACCESS
gi
L] r r
ERO�f.
r s
LL� I ST M WATER POND
LAKE ONTARIO
Newcastle Key Map
",CH ZBA 2005-030
B'Y 'O' aY Zoning By-law Amendment
a
Q Lands Subject to Application
�Y
C . Wilmot Creek Retirement Community
II
Expansion Expansion Area
Area
LAAr ONTAW Owner: Ridge Pine Park
605
Attachment 2
To Report PSD-058-06
C�ar�ngt�n
REPORT
Leading the Way
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, February 6, 2006
Report#: PSD-014-06 File#: ZBA 2005-030 and By-law #: .
COPA 2005-007
Subject: APPLICATIONS TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING BY-
LAW TC ?ERMIT THE WESTERLY EXPANSION OF WILMOT CREEK COMMUNITY
WITH APPROXIMATELY 66 ADDITIONAL SINGLE DETACHED DWELLING UNITS
APPLICANT: RIDGE PINE PARK INC.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee recommend to
Council the following:
1. THAT Report PSD-014-06 be received;
2. THAT Amendment No. 48 to the Clarington Official Plan as submitted by Ridge Pine Park Inc. to
expand westerly the Wilmot Creek Adult Lifestyle Community by extending the Urban
Residential area and Special Policy Area B to the west and to place a District Park symbol on .
the area of the Municipal Waterfront Parkas contained in Attachment 2 be ADOPTED;
3, THAT the rezoning application submitted by Ridge Pine Park Inc. be APPROVED and that the
Zoning By-law Amendment as contained in Attachment 3 be adopted by Council;
4. THAT a By-law to remove the Holding (H) symbol be forwarded to Council at such time that the
applicant has satisfied the provisions of Section 23.4.3 of the Official Plan including executing a
site plan agreement; and
5. THAT all interested parties listed in Report PSD-014-06, any delegations, and the Regional
Municipality of Durham Planning Department be advised of Council's decision.
Submitted by:
Reviewed by:
D id Crome, MCIP, R.P.P. Franklin Wu,
Director of Planning Services Chief Administrative Officer
BR/CP/DJCIsh/df
January 31, 2006
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE,ONTARIO L1C 3A6 T(905)623-3379 F(905)6263-008380
REPORT NO • PSD-014-06 Page 2
1.0 APPLICATION DETAILS
1.1 Owner: Ridge Pine Park Inc.
1.2 Applicant: (same as owner)
1.3 Clarington Official Plan Amendment:
To redesignate lands from Waterfront Greenway to
provide for the westward expansion of the Urban
Residential designation subject to Special Policy Area
B (Wilmot Creek Community) and to add a District
Park symbol.
1.4 Rezoning: Appropriate to permit proposed 66 residential unit
development.
1.5 Area: Area to be developed: 6.48 hectares (16.02 acres).
1.6 Location: The area to be developed is at the western limits of
Wilmot Creek Community in Part of Lot 4, Broken
Front Concession, former Township of Darlington.
2.0 BACKGROUND
2.1 On June 24, 2005, the Planning Services Department received from Ridge Pine
Park Inc. an application to amend the Clarington Official Plan and an application
to rezone the area for expansion of the "gated" residential community. The
official plan amendment application was submitted to provide for the westward
expansion of the Urban Residential designation within Special Policy Area B on
lands currently designated Waterfront Greenway. The rezoning was submitted to
permit approximately 66 dwellings, all single detached, and related private
streets in the 6.483 hectares (16.02 acres) area to be developed. It is proposed
that the balance of the site of 7.287 hectares (18.01 acres) be acquired for
municipal park purposes. Supporting documents submitted were:
• Phase 1 Environmental Site Assessment,
• Noise Feasibility Study;
• Geotechnical Investigation and Slope Stability Analysis Report (with an
Addendum),
Functional Servicing Report,
• Archaeological Report; and
Traffic Impact Study.
On January'25, 2006, the Planning Services Department received from Ridge
Pine Park Inc. a Site Plan Approval application which detailed the development.
607
REPORT NO PSD 014 06 Page S
2.2 A public meeting for the proposed official plan amendment and rezoning was
held on September 19, 2005. Two Wilmot Creek Community residents spoke at
the meeting. The first resident spoke in opposition to the application since he felt
the new subdivision was in "greenbelt protected lands" and that more,agricultural
land was being used for residential purposes. The second resident, the
President of the Wilmot Creek Homeowners Association, spoke in support of the
application but did note that the Community's existing residential facilities will not
accommodate the needs of an expanded community and therefore, the facilities
should be expanded.
David Rice spoke on behalf of Ridge Pine Park Inc. and gave an overview of the
application, noting the proposal is not within the Greenbelt but rather, within the
Urban Area. He commented that Ridge Pine Park Inc. is committed to: building
both the Waterfront Trail in the vicinity of the residential community and an
addition to the Community's recreation facilities building. No commercial uses
are proposed for the area.
3.0 LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The area to be developed is currently vacant.
3.2 The surrounding land uses are as follows:
North: CN Railway
South: One dwelling on a rural residential lot and Lake Ontari o
East: West End of Wilmot Creek Community
West: the above referenced lot and Bennett Road
4.0 PROVINCIAL POLICY STATEMENT CONFORMITY
4.1 The proposed development is within an urban area and abutting a fully serviced
settlement area is, in short, a land use efficiency, consistent with the policy
statement.
5.0 OFFICIAL PLAN CONFORMITY
5.1 The Durham Regional Official Plan designates the proposal area as Living Area
and the applications conform.
5.2 The Clarington Official Plan designates all of the property as Waterfront
Greenway within an urban area. The predominant use of land is for recreation,
tourism uses, conservation and agricultural uses. The proposed use does not
conform, hence this application. The lands east of the subject property are
Urban Residential within Special Policy Area B. The Special Policy Area
recognizes the private leasehold community catering to seniors or retired
- 8178
REPORT NO.: PSD-014-06 Page 4
residents. The Clarington Official Plan identifies the property along the edge of
Lake Ontario as Regulatory Shoreline. Policies of the Waterfront Greenway
designation require new development to provide public access to the waterfront,
protect natural and cultural heritage resources and ensure land use compatibility.
6.0 ZONING BY-LAW COMPLIANCE
6.1 The property is zoned "Agricultural (A)". The proposal for approximately 66
additional detached dwellings does not conform, hence, this rezoning application.
7.0 AGENCY COMMENTS
7.1 The rezoning application was circulated to various agencies and other
departments by the Planning Services Department. Rogers Cable and
Clarington Emergency and Fire Services have no objections. Other comments
received to date are as follows.
7.2 Having reviewed the Traffic Impact Study, the Ministry of Transportation has no
objections.
7.3 Bell Canada and Enbridge Gas have no objections subject to the conditions of
site plan-approval.
7.4 Clarington Engineering Services advised they have no concerns regarding the
proposal. The existing municipal roadways are rural and not urban and the
absence of storm sewers combined with no upgrading plans in the foreseeable
future led the Department to request that no approval be provided at this time.
7.5 C.N Rail is satisfied with the Noise Feasibility Study, as revised, and an
agreement between C.N. Rail and Ridge Pine Park Inc. is being executed at this
time.
. 7-6 Regional Planning has determined that the proposed residential development is
situated within the "Living Area" designation. The remainder of the site is within
the "Waterfront — Major Open Space" designation. A Noise Study regarding the
C.N. Railway line is required, has been submitted, and has been found to contain
appropriate noise control measures including necessary warning clauses to
inform future owners. An archaeological assessment is required, Shoreline and
erosion control measures are to be addressed to the satisfaction of the
Conservation Authority and the Municipality. Water supply and sanitary sewer
service is available as internal services privately maintained by Ridge Pine Park
Inc. The applicant will be responsible for any external upgrades required to
provide adequate servicing for their proposed expansion. This application is
considered to have no significant Regional or Provincial concerns and therefore,
is exempt from Regional approval.
609
REPORT NO PSD 014 06 Page—5
7.7 Central Lake Ontario Conservation is generally satisfied with Terraprobe's
original report as augmented by Terraprobe's supplemental report and has no
objections regarding slope stability setbacks. The remaining concerns for
drainage into the ravine and potential erosion will have to be addressed in the
design of the storm water system.
8.0 STAFF COMMENTS
8.1 Wilmot Creek Community is almost entirely built out. Phases 1 to 6, together with
the proposed westerly expansion (Phase 7) of Wilmot Creek Community, will
generate fewer total dwelling units (944) than was originally envisioned for the
Community through the Clarington Official Plan and its dwelling unit maximum of
960 units.
8.2 The proposed 66 single detached dwellings is consistent with the housing form in
the majority of the development, 916 dwelling units being single detached, and
the remaining small number of dwelling units being either similar low density— 12
semi-detached, or medium density— 16 townhouses.
8.3 Waterfront access and open space are imperatives of Council and the proposed
Waterfront District Park will meet these requirements for this part of the
lakeshore. Ridge Pine Park Inc. will construct a portion of the waterfront trail
from Bennett Road to connect with the South Service Road providing for a
missing link in the trail system. The Waterfront Trail's improvement and
integration, other critical objectives of Council, are being secured in the
Waterfront Park lands being acquired by the Municipality.
8.4 An emergency access route.to the development will be constructed by Ridge
Pine Park over the municipal park area along the railway corridor. It will be used,.
if necessary, by emergency response vehicles to access the Wilmot Creek Adult
Lifestyle Community or by residents in the event of an evacuation. The primary
access route remains along Wilmot Creek Drive.
8.5 Clarington Engineering Services identified concerns with the proposal as a result
of the rural standards of the existing municipal road infrastructure in the area.
Expansion to the retirement community will mean additional residents, additional
traffic and additional pressure for the Municipality to urbanize Wilmot Creek Drive
and Bennett Road from the development to Highway 2.
8.6 The storm water management pond to service these lands is located within the
park. The storm water management pond is to be designed to a high amenity
standard, including considerable landscaping, to the satisfaction of the Director of
Engineering Services.
When the precise area of the pond has been determined through the final design,
the applicant will reimburse the Municipality for the portion of the purchase price
610
REPORT NO.: PSD-014-06 Page 6
associated with the lands for the storm water pond and the parkland dedication
requirement.
8.7 The development is setback from Lake Ontario to accommodate the Regulatory
Shoreline and erosion allowance. The proposed setback for the regulatory
shoreline, as described in the Geotechnical Investigation and Slope Stability
Analysis Report, and Addendum, is acceptable to both the Conservation
Authority and the Municipality and in this way addresses the presence of the
regulatory shoreline area.
8.8 Staff is satisfied that for the purposes of the Clarington Official Plan Amendment
and the Zoning By-law Amendment the proposal has been sufficiently finalized to
proceed with approval. Details, such as final storm water management design,
that remain to be completed can be dealt with through site plan approval. The
use of the Holding Symbol on the Residential Zone in conjunction with the Site
Plan Approval process will ensure all municipal requirements are satisfied.
8.9 The Finance Department advises that the taxes for the subject property have
been paid in full.
9.0 CONCLUSION
9.1 The applications have been reviewed in consideration of the comments received
from area residents, the circulated agencies, the Clarington Official Plan and
Zoning By-law 84-63. In consideration of the comments contained in this report,
staff respectfully recommends the adoption of the Official Plan Amendment 48 as
contained in Attachment 2, and the rezoning by-law as contained in Attachment
3.
Attachments:
Attachment 1 - Site Location Key Map and Site Plan
Attachment 2 - Proposed Amendment No. 48 to the Clarington Official Plan
Attachment 3 -Zoning By-law Amendment
Interested parties to be notified of Council's decision:
Mr. Ufton
Mr. Bruce Hadji
Linda Gasser
Ridge Pine Park Inc.
Semas Associates
Clarington Industrial Services Inc.
Mark and Kisbee Barristers and Solicitors
Bernie Hirseland, McGraw Hill Construction
Jim Reinger
611
Attachment#1
To Report#PSDA 14-06
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Clarington Official Plan Amendment
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ZBA 2005-030
Zoning By-law Amendment
awn* Lands Subject to Application
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Attachment 2
To Report PSD-01406
AMENDMENT NO. 48
TO THE CLARINGTON OFFICIAL PLAN
PURPOSE: The Amendment implements the following land use changes:
The Urban Residential area and Special Policy Area B
coinciding with the Wilmot Creek Adult Lifestyle Community
is expanded onto lands to the west thereof and south of the
CNR in order to permit the expansion of the Wilmot Creek
Community,
A District Park symbol is to be placed on the area of a future
Municipal Waterfront Park.
BASIS: The Amendment is based on an application submitted by Ridge
Pine Park Inc., the owners of Wilmot Creek Adult Lifestyle
Community.
LOCATION: The Amendment applies to approximately 14 hectares (34 acres) in
Part Lot 4, Broken .Front Concession, Former Township of
Darlington, east of Bennett Road, south of the CN Railway and
west of the existing Wilmot Creek Community. The Phase 7 or
westward expansion of Wilmot Creek Community applies to an
area approximately 6 hectares (15 acres) in the east half of the
above property. The balance of the property in the west half is to
remain Waterfront Greenway but it will have a District Park symbol.
ACTUAL
AMENDMENT: The Clarington Official Plan is hereby amended as follows:
1. By amending Map Al (Darlington) Land Use as shown on
Exhibit"A
IMPLEMENTATION: The provisions set forth in the Clarington Official Plan, as
amended, regarding the implementation of the Plan, shall apply in
regard to this Amendment.
INTERPRETATION: The provisions set forth in the Clarington Official Plan, as
amended, regarding the interpretation of the Plan; shall apply in
regard to this Amendment.
613
Attachment 2
To Report PSD-0 14-06
EXHIBIT"A"
AMENDMENT No. 48 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN
MAP Al (DARLINGTON), LAND USE, DARLINGTON RURAL AREA
LOT 5 LOT 4 LOT 3 LOT 2
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Revise Boundary Of
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To Report PSD-014-06
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2006-
being a By-law to amend By-law 84-63,the Comprehensive Zoning By-law for
the Corporation of the former Town of Newcastle
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended, of the Corporation of the former Town
of Newcastle to implement application ZBA 2005-030;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington ends as follows:
1. Section 13.4 "SPECIAL EXCEPTION — URAN RESIDENTIAL TYPE TWO (R2)
ZONE' is hereby amended by adding thereto, the following new Special
Exception 13.4.42 as follows:
"13.4.42 URBAN RESIDENTIAL EXCEPTION (112-42)ZONE"
For the purposes of establishing density,the total number of dwelling units In the
112-16, R4-20 and R2-42 zones shall not exceed 960 mobile home/single
detached dwellings.
A) PERMITTED USES
Only single detached dwellings are permitted.
B) REGULATIONS FOR PERMITTED USED
Each single detached dwelling shall be located on a single land-leased
parcel. For the purposes of this exception zone, the.folowing specific
regulations shall apply as If the land-leased parcels are lots:
a) Site Area(minimum) 400 square metres
b) Site Coverage(maximum) 45%
c) Landscape Open Space(minimum) 30%
d) Gross Floor Area(minimum) 80 square metres
e) Yana Requirements(minimum)
i) Front and Exterior Side Yards 4.5 metres to
dwelling and 1.0 metres
to garage or carport
fl) RearYard 7.5 metres
iii) Side Yard that abuts a Residential Zone 1.5 metres
iv) Side Yard that abuts a Non-Residential Zone 3.0 metres
f) Building Height(maximum) 10.0 metres
g) For the purposes of this By-law a carport shall mean
a roofed enclosure which may be attached or detached
to a single detached dwelling, used for the storage or
parking of a motor vehicle and has at least 40%of its
total perimeter open and unobstructed.
615
2. Schedule "t" to By-law 84-63, as amended, is hereby further amended by
Urban
changing the zone designation from "Agricultural (A) Zone" to "Holding-2) Zone" and "Environmental Protection (EP)
Residential Exception ((H)R2 4
Zone" as illustrated on the attached Schedule"A" hereto.
3_ Schedule"A'attached hereto shall form part of this By-law-
4. This By-law shall come into effect on the date of the passing hereof, subject to
the provisions of Section 34 of the Planning Act.
By-LAW read a first time this
day of 2006
BY-LAW read a second time this
day of 2006
BY-LAW read a third time and finally passed this
day of 2006
John Mutton,Mayor
Patti L.Barrie,Municipal Clerk
616
This is Schedule "A" to 60
passed this day of 0 0 .
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Attachment 3
To Report PSD-058-06
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2006-
being a By-law to amend By-law 84-63,the Comprehensive Zoning By-law for the
Corporation of the former Town of Newcastle
WHEREAS the Council of the Corporation of the Municipality of Clanngton deems it
advisable to amend By-law 84-63, as amended, of the Corporation of the former Town of.
Newcastle to implement application ZBA 2005-030;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clanngton enacts as follows
1. Section 13.4 "SPECIAL EXCEPTION — URAN RESIDENTIAL TYPE TWO (R2)
ZONE" is hereby amended by adding thereto, the following new Special Exception
13.4.42 as follows:
"13.4.42 URBAN RESIDENTIAL EXCEPTION(R2-42)ZONE"
For the purposes of establishing density,the total number of dwelling units in the R2-
16, R4-20 and R2-42 zones shall not exceed 960 mobile home/single detached
dwellings.
A) PERMITTED USES
Only single detached dwellings are permitted.
B) REGULATIONS FOR PERMITTED USED
Each single detached dwelling shall be located on a single land-leased parcel.
For the purposes of this exception zone,the following specific regulations shall
apply as If the land-leased parcels are lots:
a) Site Area(minimum) 400 square metres
b) Site Coverage(maximum) 45%
c) Landscape Open Space(minimum) 30%
d) Gross Floor Area(minimum) 80 square metres
e) Yard Requirements(minimum)
i) Front and Exterior Side Yards 4.5 metres to
dwelling and 1.0 metres
to garage or carport
ii) Rear Yard 7.5 metres
iii) Side Yard that abuts a Residential Zone 1.5 metres
iv) Side Yard that abuts a Non-Residential Zone 3.0 metres
f) Building Height(maximum) 10.0 metres
g) For the purposes of this By-law a carport shall mean
a roofed enclosure which may be attached or detached
to a single detached dwelling, used for the storage or.
parking of a motor vehicle and has at least 40%of its
total perimeter open and unobstructed.
2. Schedule "1" to By-law 84-63, as amended, is hereby further amended by changing
the zone designation from "Agricultural (A) Zone" to "Holding-Urban Residential 618
Exception ((H)R2-42) Zone" and "Environmental Protection (EP) Zone" as illustrated
on the attached Schedule"A" hereto.
3. Schedule"A"attached hereto shall form part of this By-law.
4. THAT By-law 2006-024 is hereby REPEALED.
5. By-law shall come into effect on the date of the passing hereof, subject to the
provisions of Sections 34 and 36 of the Planning Act.
BY-LAW read a first time this day of. 2006
BY-LAW read a second time this day of 2006
BY-LAW read a third time and finally passed this day of 2006
John Mutton, Mayor
Patti L Barrie, Municipal Clerk
619
This is Schedule • to By-law 2006
passed this day of 2006 A.D.
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Clar�ngton REPORT
Leading the Way
PLANNING SERVICES
PUBLIC MEETING
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Tuesday, May 23, 2006
Report#: PSD-059-06 File #: COPA 2005-009 By-law#:
ZBA 2006-0013 & 18T-96013
Subject: PROPOSED OFFICIAL PLAN AMENDMENT, REZONING AND AMENDMENT
TO DRAFT APPROVED PLAN OF SUBDIVISION 18T-96013 TO PERMIT THE
DEVELOPMENT OF 38 SEMI-DETACHED/LINK DWELLINGS ON A SCHOOL
BLOCK
APPLICANT: CCCC DURHAM WEST LTD. (THE KAITLIN GROUP LTD.)
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-059-06 be received;
2. THAT Amendment No. 50 to the Clarington Official Plan as submitted by CCCC
Durham West Ltd. to delete the requirement for a Public Elementary School to permit
the development of nineteen (19) lots for thirty-eight (38) semi-detached/linked dwelling
units as contained in Attachment 2 be adopted and the By-law contained in Attachment
3 be passed;
3. THAT the amendment to Draft Approved Plan of Subdivision 18T-96013, submitted by
CCCC Durham West Ltd. be APPROVED subject to the conditions contained in
Attachment 5;
4. THAT provided that there are no significant issues raised in the Public Meeting, the
proposed Zoning By-law contained in Attachment 6, be passed;
5. THAT a By-law to remove the Holding (H) symbol be forwarded to Council at such time
that the applicant has entered into a subdivision agreement;
621
REPORT NO.: PSD-059-06 PAGE 2
6. THAT the Mayor and Clerk be authorized by By-law, to execute an amendment to
Subdivision Agreement between the Owner and the Municipality of Clarington at such
time as the agreement has been finalized to the satisfaction of the Directors of
Engineering Services and Planning Services;
7. THAT a copy of Report PSD-059-06 and Council's decision be forwarded to the Region
of Durham Planning Department;artment• and
8. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by: Reviewed by:
D ' J. Crome, M.C.I.P., R.P.P. Franklin Wu,
Dire or of Planning Services Chief Administrative Officer
TW"CP-DJC"jd-df
12 May 2006
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-0830
622
REPORT NO.: PSD-059-06 PAGE 3
1.0 APPLICATION DETAILS
1.1 Applicant: CCCC Durham West Ltd (The Kaitlin Group Ltd.)
1.2 Official Plan Amendment:
To delete the provision for a Public Elementary School to permit the
development of nineteen (19) lots for thirty-eight (38) semi-
detached/linked dwelling units.
1.3 Amendment to Draft Approved Plan of Subdivision:
To revise a previously draft approved school block to permit the
development of nineteen (19) lots for thirty-eight (38) semi-
detached/linked dwellings with a minimum lot frontage of 23.2 metres on
a crescent shaped street, identified as "Street V".
1.4 Amendment to Zoning By-law:
From: "Holding — Urban Residential Exception ((H) R1-39)" to increase
the minimum required rear yard setback from 5.0 metres to 7.5 metres.
1.5 Area of Proposed Amendment:
2.40 hectares (5.93 acres)
2.0 LOCATION
2.1 The subject lands are located on the south side of Milligan Street, west of Port of
Newcastle Drive and east of Toronto Street, being in Part of Lots 29 and 30, Broken
Front Concession, former Village of Newcastle.
3.0 SITE CHARACTERISTICS AND SURROUNDING LAND USES
3.1 The lands subject to the amendments are currently vacant and are generally flat.
3.2 Surrounding Uses:
North — Vacant residential and the Hydro One Corridor
South — Pearce Farm Park
East — Residential
West — Vacant draft approved Residential land
4.0 BACKGROUND
4.1 On June 13, 2005 Staff received notification from the Kawartha Pine Ridge District
School Board that they no longer required an elementary school within the Port of
Newcastle Neighbourhood area and were withdrawing their interest in block 267.
623
REPORT NO.: PSD-059-06 PAGE 4
4.2 On October 5, 2005, The Kaitlin Group submitted an application to amend Draft
Approved Plan of Subdivision 18T-96013. In order to support that application, an
application to amend the Clarington Official Plan was received On November 1, 2005.
The Official Plan Amendment requests the deletion of the provisions for a Public
Elementary School in order to permit the development of nineteen (19) lots for semi-
detached/link dwelling units on a previously approved school block.
4.3 On April 19, 2005 following discussions with Planning staff an application to amend
Zoning By-law 84-63 was submitted requesting increased rear yard setbacks of 7.5
metres for the proposed development. The current zoning of the lands permits rear
yard setbacks of 5.0 metres to a dwelling and 2.6 metres to an uncovered deck. This
application was submitted to address Planning staff concerns with the current rear yard
setback provision.
5.0 PROVINCIAL POLICY STATEMENT
5.1 The applications are consistent with the housing policies contained in Section 1.4 of the
2005 Provincial Policy Statement (PPS). Planning authorities are required to provide for
a range of housing, types and densities with a ten year supply of lands which are
designated, and a three year supply of zoned and serviced lands within draft approved
and registered plans. New housing is to be directed to locations where infrastructure
and public services are available. The PPS also states the infrastructure and public
services shall be provided in a co-ordinated, efficient and cost-effective manner to
accommodate projected needs.
6.0 OFFICIAL PLAN POLICIES
6.1 Durham Region Official Plan
The lands are designated as Living Area within the Durham Regional Official Plan. The
predominant use of the lands within the Living Area designation shall be for housing
purposes. The application conforms.
6.2 Clarington Official Plan
In the Clarington Official Plan, the subject lands are designated as Urban Residential
with a Public Elementary School symbol. The lands are within the Port of Newcastle
Neighbourhood, which has a population allocation of 2,800 and a housing unit target of
1,075. Phase I consists of 366 registered units, while the current proposal for Phase 11
consists of 724. There are an additional 49 units in the Port of Newcastle
Neighbourhood for a total of 1,139 units, which exceeds the unit allocation by 64. As a
result, the population for the Port of Newcastle Neighbourhood increases from 2,800 to
2,990. The increase in both population and unit allocation is below 10% and is
considered to be in conformity with the Official Plan based on the interpretation policies.
624
REPORT NO.: PSD-059-06 PAGE 5
7.0 ZONING BY-LAW
7.1 Within Comprehensive Zoning By-law 84-63, as amended, the lands are zoned "Holding
— Urban Residential Exception ((H)R1-39)". The zoning by-law amendment was
submitted to require an increase in the minimum rear yard setback.
8.0 PUBLIC NOTICE AND SUBMISSIONS
8.1 A statutory Public meeting on the Official Plan Amendment and amendment to Draft
Approved Plan of Subdivision was held on February 6, 2006. A resident spoke in
opposition to the proposal due to a concern that the Newcastle Public School site
already has portables, and the resident believes this site is warranted.
8.2 Public Notice was given by mail to each landowner within 120 metres of the subject for
the inclusion of the rezoning application. A Public Meeting sign was installed on
Milligan Street.
8.3 Staff have received one (1) enquiry on the proposed official plan amendment and to
draft approval. The person objects to the removal of the school block and feels their
property value will decrease. Although a school block was originally draft approved for
this neighbourhood in accordance with the Official Plan policies. The School Board has
determined that they no longer wish to build a school in this neighbourhood.
9.0 AGENCY COMMENTS
9.1 The Clarington Emergency and Fire Services, Ganaraska Region Conservation
Authority, Hydro One Networks Inc., Veridian Connections, Peterborough Victoria
Northumberland Clarington District School Board, Conseil Scolaire de District
Catholique Centre-Sud, Conseil Scolaire de District Centre-Sud, Canada Post and
Rogers Cable offered no comments or objections on the applications.
9.2 Enbridge Gas Distribution Inc. and Bell Canada requested standard conditions of draft
approval be included in the subdivision agreement.
9.3 The Kawartha Pine Ridge District School Board offered no objections to the
applications. They further indicated that students from this development will attend
Newcastle Public School which is currently overcapacity with 2 portables on site.
Grades 7 and 8 students will attend The Pines Senior Public School. The Board
requested sidewalks on all interior and exterior roads. Since the Board withdrew its
interest in the School Reserve Block, applicable conditions of draft approval can be
deleted.
9.4 The Clarington Engineering Services Department have reviewed the proposed
applications and have no objection of the applications subject to standard conditions. It
was noted that driveway locations and placement will be reviewed through the
625
REPORT NO.: PSD-059-06 PAGE 6
submission of the detailed Engineering drawings and must be to the satisfaction of the
Director of Engineering Services.
9.5 The Durham Region Planning Department indicated that the proposed amendment to
the Clarington Official Plan would be permitted by the policies of the Durham Region
Official Plan. The application was identified as achieving a primary objective of the
Region's Community Strategic Plan ensuring balanced growth by implementing
effective land use planning which supports compact development and healthy
neighbourhoods. The proposal would appear to provide for the safe and convenient
movement of pedestrians and transit riders.
These applications have been screened in accordance with the terms of the provincial
plan review responsibilities. Provincial issues were examined and the conditions of
draft approval, as amended, address the concerns relating to site contamination and
archaeological resources.
Water supply and sanitary sewer service is available. These services can be provided
to the proposed residential lots from the future services on Milligan Street.
The Official Plan amendment application is considered to have no significant Regional
or Provincial concerns. In accordance with Regional By-law 11-2000, this application is
exempt from Regional approval
Certain conditions of draft approval would need to be modified.
10.0 STAFF COMMENTS
10.1 The proposed amendment to Draft Approved Plan of Subdivision 18T-96013, contains a
street pattern and lot layout that is consistent with the existing neighbourhood design.
10.2 The freehold dwelling lots in the Port of Newcastle had previously developed as
wide/shallow lots. A link lot would have an 11.6 metre frontage and a minimum rear
yard setback of 5.0 metres as opposed to the typical 9.0 metre frontage and 7.5 metre
rear yard. Due to a number of complaints received from residents in the Phase I Port of
Newcastle development. regarding inadequate amenity area in their rear yards and
concerns with regard to the installation of accessory structures such as swimming
pools, decks and sheds, the Zoning By-law amendment proposes to increase the
minimum required rear yard setback to 7.5 metres for a dwelling and 5.1 metres to an
uncovered deck. The applicant has also ensured that the lots have a minimum depth
of 29 metres. The rezoning application is similar to the one passed last June for the
balance of the Phase II Port of Newcastle lands currently under development by the
Kaitlin Group and Kylemore Homes.
626
REPORT NO.: PSD-059-06 PAGE 7
11.0 CONCLUSION
11.1 Prior to scheduling a recommendation report to Committee and Council on a draft plan
of subdivision application, a list of the proposed conditions of draft approval were
submitted to the applicant for their review and concurrence with the same. The
purpose of this exercise is to determine if there are any conditions of draft approval that
the applicant does not agree with and that they be identified for further discussion
purposes. The applicant has provided concurrence with the attached Conditions of
Draft Approval.
11.2 In consideration of the comments received from circulated agencies and review of the
proposal, staff recommend:
• Adoption of Official Plan Amendment #50 as contained in Attachment 2 and
approval of the By-lay as contained in Attachment 3;
• Approval of the amendment to Draft Approved Plan of Subdivision 18T-96013, as
contained in Attachment 4, subject to the conditions contained in Attachment 5;
and
• Rezoning the subject lands within the plan of subdivision, as contained in
Attachment 6 provided that there are no significant issues raised in the Public
Meeting.
Attachments:
Attachment 1 — Key Map
Attachment 2 — Proposed Amendment to the Clarington Official Plan
Attachment 3 - By-law to Adopt Official Plan Amendment#50
Attachment 4 - Proposed Amendment to Draft Approved Plan of Subdivision 18T-96013
Attachment 4(a) — Excerpt of the Proposed Amendment to Draft Approved Plan of
Subdivision 18T-96013
Attachment 5 — Conditions of Draft Approval
Attachment 6 — Zoning By-law Amendment
Interested parties to be advised of Council's decision:
Masood Vatandoust
Linda, Dennis and David Brown
Adrian King
Jill Watson
Kelvin Whalen, The Kaitlin Group
627
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PROPOSED
AMENDMENT NO. 50
TO THE CLARINGTON OFFICIAL PLAN
PURPOSE: The purpose of this amendment is to delete the
"Public Elementary School symbol from the subject
lands.
BASIS: The basis of this amendment is an application from
CCCC Durham West Ltd. (The Kaitlin Group Ltd.)
ACTUAL
AMENDMENT: The Clarington Official Plan is hereby amended as
follows:
1. By amending Map A4- Land Use Newcastle Urban
Area as shown on Schedule 'A' attached hereto.
IMPLEMENTATION: The provisions of the Clarington Official Plan as
amended, regarding the implementation of the Plan,
shall apply with respect to this amendment.
INTERPRETATION: The provisions set forth in the Clarington Official Plan,
amended, regarding the implementation of the Plan,
shall apply with respect to this amendment.
629
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To Report PSD-059-06
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO.2006-
being a By-law to adopt Amendment No. 50 to the Clarington Official Plan
WHEREAS Section 17(22) of the Planning Act, R.S.O. 1990, as amended, authorizes the
Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans and
Amendments thereto;
NOW THEREFORE the Corporation of the Municipality of Clarington deems it advisable to
amend the Clarington Official Plan to delete the provision for a Public Elementary School to
permit the development of nineteen(19)lots for thirty-eight(38)semi-detached/linked dwelling
units;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. That Amendment No. 50 to the Clarington Official Plan, being the attached Explanatory
Text is hereby adopted.
2. That this By-law shall come into force and take effect on the date of the passing hereof.
BY-LAW read a first time this day of 2006
BY-LAW read a second time this day of 2006
BY-LAW read a third time and finally passed this day of 2006
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
631
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Attachment c
To Report PSD-059-OE
REVISION NO. 2 TO DRAFT APPROVED PLAN OF SUBDIVSION 18T-96013
REVISED CONDITIONS OF DRAFT APPROVAL
Condition Nos. 1, 39 and 41 to 45 inclusive are deleted in their entirety and the existing
conditions are renumbered accordingly.
The original Condition No. 2 is deleted and replaced with a new Condition No. 1 as
follows:
111. The Owner shall have the final plan prepared on the basis of
approved draft plan of subdivision 18T-96013 prepared by Bousfields
Inc. identified as drawing number 9333-2-90RL, dated May 3, 2006,
which illustrates a total of 724 units made of up of 208 lots for single
detached dwellings, 146 lots for 292 semi-detached dwellings, blocks
for 370 multiple residential units and mixed uses including
commercial and a hotel, blocks for park and open space, a block for
stormwater management, a water plant expansion block, and various
roads."
The original Condition No. 37 is deleted and replaced with a new Condition 36 as follows:
"36. That the Owner shall agree in the subdivision agreement to carry out
or cause to be carried out the recommendations and measures
contained within the reports approved under condition 34."
The original Condition No. 52 is deleted and replaced with a new Condition No. 45
as follows:
"45. Prior to final approval of this plan for registration, the Director of
Planning Services for the Municipality of Clarington shall be advised
in writing by:
a) The Regional Planning Department how Conditions 4, 8, 25,
27, 39, 40, 41 and, 42 have been satisfied;
b) The Ganaraska Region Conservation Authority, how
Conditions 34, 35, 36, 37, and, 38 have been satisfied;
c) Enbridge Gas Distribution Inc., how Conditions 17 and 18
have been satisfied;
d) , Bell Canada Right of Way, how Conditions 19 and 20 have
been satisfied."
Note No. 4 d) is deleted and the existing Notes are renumbered accordingly.
Consolidation conditions of draft approval have been prepared as an attachment
to this amendment to summarize all amendments made to date.
The other conditions remain unchanged.
634
CONSOLIDATION
REVISED CONDITIONS OF DRAFT APPROVAL
Revised Plan of Subdivision 18T-96013
Part of Lots 28 to 31, Broken Front Concession, Former Village of Newcastle
PLAN IDENTIFICATION
1. The Owner shall have the final plan prepared on the basis of approved draft plan of
subdivision 18T-96013 prepared by Bousfields Inc. identified as drawing number
9333-2-90RL, dated May 3, 2006, which illustrates a total of 724 units made of up
of 208 lots for single detached dwellings, 146 lots for 292 semi-detached dwellings,
blocks for 370 multiple residential units and mixed uses including commercial and a
hotel, blocks for park and open space, a block for stormwater management, a water
plant expansion block, and various roads.
FINAL PLAN REQUIREMENTS
2. The Owner shall dedicate the road allowances included in this draft plan as public
highways on the final plan.
3. The Owner shall name road allowances included in this draft plan to the satisfaction
of the Regional Municipality of Durham and the Municipality of Clarington.
REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT
4. The Owner shall submit plans showing the proposed phasing to the Region of
Durham and the Municipality of Clarington for review and approval if this
subdivision is to be developed by more than one registration.
5. The Owner shall, if necessary, apply to the Municipality of Clarington and obtain
area municipal approval of the zoning for the land uses shown on the approved
draft plan in accordance with the provisions of the Planning Act.
6. That the Owner shall retain a qualified landscape architect to prepare and submit a
Landscaping Plan to the Director of Engineering Services and the Director of
Planning Services for review and approval. The Landscaping Plan shall reflect the
design criteria of the Municipality as amended from time to time. The Stormwater
Management Pond located within Block 273 is to be included in this plan and the
existing walkways located on the north and west sides of the Block 273 must be
accommodated on the Landscape Plan.
7. The Owner shall submit a detailed tree preservation plan to the satisfaction of the
Municipality of Clarington. No trees shall be removed until such time as this plan
has been approved except as authorized by the Municipality.
635
8. Prior to entering into a subdivision agreement, the Regional Municipality of Durham
shall be satisfied that adequate water pollution control plant and water supply plant
capacities are available to the proposed subdivision.
REQUIREMENTS TO BE INCLUDED IN SUBDIVSION AGREEMENT
9. That the Owner shall enter into a Subdivision Agreement with the Municipality and
agree to abide by all terms and conditions of the Municipality's standard subdivision
agreement, including, but not limited to, the requirements that follow.
10. The Owner shall convey Block 268 to the Municipality of Clarington for park or other
public recreational purposes in accordance with the Planning Act.
11. The Owner shall convey Blocks 269, 270 and 271 to the Municipality of Clarington
free and clear of all encumbrances for Open Space.
12. The Owner acknowledges and agrees that the delineation of the use and
ownership of Block 274 is to be detailed and approved by the Municipality of
Clarington through a Site Plan approval.
13. The Owner acknowledges and agrees to re-grade the bluff to a 2:1 slope along the
Lake Ontario Shoreline as described in Engineering Services report EGD-14-05.
The fill material generated by the re-grading is to be placed on the lands to be
developed residentially at a grade, elevation and manner consistent with the
approved conceptual grading plan for Phase II, and to the satisfaction and approval
of the Director of Engineering Services.
14. The Owner shall grant such easements as may be required for utilities, drainage
and servicing purposes to the appropriate authorities.
15. That the Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc.
to be buried underground.
16. The developer is to co-ordinate the preparation of an overall utility distribution plan
to the satisfaction of all effected authorities.
17. The developer shall grade all streets to final elevation prior to the installation of the
gas lines and provide the necessary field survey information required for the
installation of the gas lines, all to the satisfaction of Enbridge Gas Distribution.
18. All of the natural gas distribution system will be installed within the proposed road
allowances therefore easements will not be required.
19. The Owner shall agree, in words satisfactory to Bell Canada, to grant to Bell
Canada any easements that may be required subject to final servicing decisions. In
the event of any conflict with existing Bell Canada facilities or .easements, the
owner/developer shall be responsible for the relocation of such facilities or
easements.
636
20. The Owner shall be required to enter into an agreement (Letter of Understanding)
with Bell Canada complying with any underground servicing conditions imposed by
the municipality, and if no such conditions are imposed the owner shall advise the
municipality of the agreement made for such servicing.
21. That the Owner shall provide and install sidewalks, street lights, temporary turning
circles etc. as per the Municipality's standards and criteria.
22. That prior to the issuance of building permits, access routes to the subdivision must
be provided to meet Subsection 3.2.5.2(6) of the Ontario Building Code and, that all
watermains and hydrants are fully serviced and the Owner agrees that during
construction, fire access routes be maintained according to Subsection 2.5.1.2 of
the Ontario Fire Code, storage of combustible waste be maintained as per
Subsection 2.4.1.1 and open burning as per Subsection 2.6.3.4 of the Ontario Fire
Code.
23. That the Owner shall provide the Municipality, at the time of execution of the
subdivision agreement unconditional and irrevocable, Letters of Credit acceptable
to the Municipality's Treasurer, with respect to Performance Guarantee,
Maintenance Guarantee, Occupancy Deposit and other guarantees or deposit as
may be required by the Municipality.
24. That the Owner shall pay to the Municipality, the development charge in
accordance to the Development Charge by-law as amended from time to time, as
well as payment of a portion of front end charges pursuant to the Development
Charge Act if any are required to be paid by the Owner.
25. Prior to final approval, the Owner is required to submit a signed Record of Site
Condition (RSC) to the Regional Municipality of Durham, the Municipality of
Clarington and the Ministry of Environment (MOE). This RSC must be to the
satisfaction of the Region, including an Acknowledgement of Receipt of the RSC by
the MOE.
26. That the Owner shall retain a professional engineer to prepare and submit a Master
Drainage and Lot Grading Plan to the Director of Engineering Services for review
and approval. All plans and drawings must conform to the Municipality's Design
Criteria as amended from time to time.
27. Prior to final approval, the proponent shall engage a qualified professional to carry
out to the satisfaction of the Ministry of Citizenship, Culture and Recreation, an
archaeological assessment of the entire property and mitigate, through preservation
or resource removal and documentation, adverse impacts to any significant
archaeological resources found. No demolition, grading or other soil disturbances
shall take place on the subject property prior to the Ministry of Citizenship, Culture
and Recreation confirming that all archaeological resource concerns have been met
including licensing and resource conversation requirements..
28. That where the Director of Engineering Services is of the opinion that there is a lot
grading and drainage problem on the comer lot, the Owner agrees that retaining
walls shall not be utilized and the following measures will be implemented:
637
a) architectural treatments to a building on a corner lot to the satisfaction
of the Director of Planning Services and the Director of Engineering
Services; and/or,
b) increase the exterior side yard setback to a building on a corner lot
from 3.0 metres to an appropriate exterior side yard setback of up to
3.6 metres maximum, as determined by the Director of Engineering
Services.
29. The Owner shall ensure all driveway entrances do not conflict with adjacent
driveway entrances on abutting lots to the satisfaction of the Director of
Engineering Services. In some cases it may be necessary to reduce the overall
width of the driveway to a minimum standard to eliminate any conflict.
30. The Municipality of Clarington shall be satisfied that all of the internal and external
municipal infrastructure works have been installed, or shall be installed, in the
abutting/adjacent plan of subdivision 18T-91004.
31. The Owner shall provide for the removal of any existing temporary turning circles
within draft plan of subdivision 18T-91004, to the satisfaction of the Municipality of
Clarington. The Owner shall also ensure that the junction of Street "B" and Toronto
Street be realigned to an appropriate geometric configuration with a turning radius
which is sufficient and to the satisfaction of the Municipality of Clarington.
32. The Owner shall ensure that Toronto Street is realigned to an appropriate
geometric configuration (both horizontally and vertically) to the satisfaction of the
Director of Engineering Services.
33. The Owner shall deposit a "Performance Guarantee" with the Municipality of
Clarington for the works required by the approval of the Draft Plan of Subdivision
Phase 11 (18T-96013) in accordance with the Municipality's standard subdivision
agreement. The Performance Guarantee shall be in the amount equal to 100
percent of the works cost estimate approved by the Director of Engineering
Services for the works, including without limitation the 'Toronto Street Road
Reconstruction Works' from Foster Creek to the limit of the subdivision. The
Performance Guarantee for the 'Toronto Street Road Reconstruction Works' shall
be deposited at the registration of the phase containing Toronto Street.
34. Prior to any on-site grading or construction or final registration of the plan, the
Owner shall submit and obtain approval from the Municipality of Clarington, and
the Ganaraska Conservation Authority for reports describing the following:
a) a stormwater management report be prepared in accordance with the
Port of Newcastle Stormwater Management Report (1996), and the
MOE Stormwater Management Planning and Design Manual (2003);
b) that a report be prepared detailing the means whereby erosion and
siltation will be minimized and contained on the site and both during
and subsequent to the construction period.
c) that an Environmental Impact Study be undertaken to assess the
following:
638
i) the anticipated impact of development on the Wilmot Creek
Rivermouth Wetland, and the proposed methods intended to
mitigate those impacts.
ii) the anticipated impact of the development on water quality as it
relates to fish and wildlife habitat, once adequate protective
measures have been undertaken.
35. That the Owner obtain all necessary Authority permits as required under GRCA's
Fill, Construction and Alteration to Waterways Regulation (Ont. 148190 as
amended).
36. That the Owner shall agree in the subdivision agreement to carry out or cause to be
carried out the recommendations and measures contained within the reports
approved under condition 34.
37. The Owner agree in the subdivision agreement to maintain all erosion and siltation
control devices in good repair during the construction period in a manner
satisfactory to the Ganaraska Region Conservation Authority.
38. The Owner shall submit to Municipality of Clarington, a copy of the permit, issued
by the Ganaraska Conservation Authority regarding proposed alterations to the
watercourse (new spillway, culverts, etc.) for consideration under the Lakes and
Rivers Improvement Act.
39. The Owner agrees to include a notice in all purchase and sale agreements advising
potential purchasers that although a Minimum Distance Separation Buffer is
provided from the Wilmot Creek Water Pollution Control Plant (W.P.C.P.) in
accordance with the Ministry of the Environment Guidelines, odours may be
experienced in the vicinity of the W.P.C.P. from time to time. The wording is to be
provided in a manner that is acceptable to the Regional Municipality of Durham and
the Director of Planning Services.
40. The Owner shall provide for the extension of such sanitary sewer and water supply
facilities which are external to, as well as within, the limits of this plan that are
required to service this plan. In addition, the Owner shall provide for the extension
of sanitary sewer and water supply facilities within the limits of the plan which are
required to service other developments external to this subdivision. Such sanitary
sewer and water supply facilities are to be designed and constructed according to
the standards and requirements of the Regional Municipality of Durham. All
arrangements, financial and otherwise, for said extensions are to be made to the
satisfaction of the Regional Municipality of Durham, and are to be completed prior
to final approval of this plan.
41. The Owner shall ensure that any existing sanitary or water services within the plan
which are proposed to be relocated be maintained in full service until such time as
the new services have been completed and approved by the Region of Durham. All
costs incurred in relocation or abandonment of these services shall be borne by the
Owner.
639
42. The Owner shall satisfy all requirements, financial and otherwise, of the
Municipality of Clarington. This shall include, among other matters, the execution of
a subdivision agreement between the Owner and the Municipality of Clarington
concerning the provision and installation of roads, services, drainage and other
local services. This subdivision agreement shall also address well or private water
supply interference and a phasing plan which details the projected number of
building permits available for issuance based on an amount which is compatible
with the traffic capacity of the existing Mill Street underpass.
43. The Owner shall satisfy all requirements, financial and otherwise, of the Regional
Municipality of Durham. This shall include, among other matters, the execution of a
subdivision agreement between the Owner and the Region concerning the
provision and installation of sanitary sewers, water supply, roads and other regional
services.
44. The subdivision agreement between the Owner and the Municipality of Clarington
shall contain, among other matters, the following provisions:
a) The Owner agrees to identify the route used to access the marina
during and after the construction period, highlighting any changes or
improvements to the current access route, to the approval of the
Ganaraska Region Conservation Authority.
b) The Owner agrees that no filling, grading or alteration to the water
course shall occur on the property without the prior written approval of
the Conservation Authority.
45. Prior to final approval of this plan for registration, the Director of Planning Services
for the Municipality of Clarington shall be advised in writing by:
a) The Regional Planning Department how Conditions 4, 8, 25, 27, 39,
40, 41 and, 42 have been satisfied;
b) The Ganaraska Region Conservation Authority, how Conditions 34,
35, 36, 37, and, 38 have been satisfied;
c) Enbridge Gas Distribution Inc., how Conditions 17 and 18 have been
satisfied;
d) Bell Canada Right of Way, how Conditions 19 and 20 have been
satisfied.
46. The Owner shall obtain sign permits from the Director of Planning Services in
accordance with the Municipality of Clarington Sign By-law 97-157 for all signage
associated with the marketing of this subdivision.
NOTES TO DRAFT APPROVAL
1. If final approval is not given to this plan within three years of the draft approval
date, and no extensions have been granted, draft approval shall lapse and the file
shall be CLOSED. Extensions may be granted provided valid reason is given and
is submitted to the Director of Planning Services for the Municipality of Clarington
well in advance of the lapsing date.
640
2. As the Owner of the proposed subdivision, it is your responsibility to satisfy all
conditions of draft approval in an expeditious manner. The conditions of draft
approval will be reviewed periodically and maybe amended at any time prior to
final approval. The Planning Act provides that draft approval, may be withdrawn at
any time prior to final approval.
3. All plans of subdivision must be registered in the Land Titles system within the
Regional Municipality of Durham.
4. Where agencies' requirements are required to be included in the local municipal
subdivision agreement, a copy of the agreement should be sent to the agencies in
order to facilitate their clearance of conditions for final approval of this plan. The
addresses and telephone numbers of these agencies are:
a) Ganaraska Region Conservation Authority, Box 328, Port Hope ON
LIA 3W4 (905) 885-8173.
b) Region of Durham Planning Department, Box 623, 605 Rossland
Road East, Whitby, ON L1N 6A3 (905) 728-7731.
c) Enbridge Gas Distribution Inc., P.O. Box 650, Scarborough, ON
M1K 5E5
d) Bell Canada Right of Way, Floor 5, 100 Borough Drive, Scarborough,
ON M1 P 4W2 1-800-748-6284
641
Hnacnment o
To Report PSD-059-06
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2006-
being a by-law to amend By-law 84-63,the Comprehensive Zoning By-law for the
Corporation of the former Town of Newcastle
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable
to amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle to
implement ZBA 2006-0013;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 12"SPECIAL EXCEPTIONS—URBAN RESIDENTIAL TYPE ONE (R1)ZONE"
is hereby amended by adding thereto the following new Special Exception 12.4.66 as
follows:
"SECTION 12.4.66 URBAN RESIDENTIAL EXCEPTION (R1-66)ZONE
Notwithstanding Sections 3.1(i)(iii), 12.1 and 12.2,those lands zoned R1-66,the lands
zoned R1-66 on those Schedules to this By-law shall only be used for a semi-detached
dwelling subject to the following regulations:
a) Lot Area(minimum)
i) interior lot 614 square metres
ii) exterior lot 715 square metres
b) Lot Frontage(minimum)
i) interior lot 23.2 metres
ii) exterior lot 27.0 metres
c) Yard Requirements(minimum)
i) front yard 6.0 metres to attached garage
3.6 metres to front wall of dwelling
1.5 metres to covered porch
ii) interior side yard 1.2 metres
iii) exterior side yard 3.6 metres to exterior wall of dwelling
1.5 metres to covered porch
iv) rear yard 7.5 metres to rear wall of dwelling
5.1 to uncovered deck
d) Special Yard Regulations
Notwithstanding the provisions of Section 3.1 (1)i)bay windows may project into
any yard a distance of not more than 1.0 metre. In addition, notwithstanding the
provisions of Section 3.1 (i)iii), covered porches may project 0.3 metres into any
interior side yard.
e) Building Height(maximum) 12 metres
f) Lot Coverage(maximum) 60%
642
2. Schedule "A"attached hereto shall form part of this By-law.
3. This By-law shall come into effect on the date of the passing hereof, subject to the
provisions of Sections 34 and 36 of the Planning Act.
BY-LAW read a first time this day of 2006
BY-LAW read a second time this day of 2006
BY-LAW read a third time and finally passed this day of 2006
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
643
Clarington
ceQaang�he way REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Tuesday, May 23, 2006
Report#: PSD-060-06 File #: ZBA 2006-0012 By-law #:
Subject: TECHNICAL AMENDMENT TO ZONING BY-LAW 84-63
APPLICANT: THE MUNICIPALITY OF CLARINGTON
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-060-06 be received;
2. THAT provided that there are no significant issues raised at the Public.Meeting,
the proposed Zoning By-law Amendment contained in Attachment 2, be passed
and,
3. THAT the Region of Durham, all interested parties listed in this report and any
delegations be advised of Council's decision.
Submitted by: Reviewed
D v . Crome, M.C.I.P.,R.P.P. ranklin Wu
Director, Planning Services Chief Administrative Officer
TW*CP*DC*sh
May 12, 2006
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-0830
644
REPORT NO.: PSD-060-06 PAGE 2
1.0 APPLICATION DETAILS
1.1 Proponent: Municipality of Clarington
1.2 Rezoning:
To correct an error in the zoning of an approved and built plan of subdivision by
changing the current zoning from "Urban Residential Exception (R2-24)" to
"Urban Residential Exception (R1-45)" to permit linked dwelling units.
2.0 LOCATION
2.1 The subject properties are located on lots 59 to 62, Plan 40M-2213 in the centre
of Sleeman Square, municipally addressed as 71, 75, 79, 83, 143, 147, 151 and
155 Sleeman Square (Attachment 1).
3.0 SITE CHARACTERISTICS AND SURROUNDING LAND USES
3.1 The subject properties have been developed with linked dwelling units.
3.2 Surrounding Uses:
North - Residential
South — Residential
East — Residential
West - Residential
4.0 BACKGROUND -
4.1 On April 28, 2000, the Ontario Municipal Board approved rezoning application
DEV 95-020 and the associated plan of subdivision application 18T-95029
submitted by Black Creek Developments Ltd. The approval of the rezoning
application changed the zone category of the subject properties from "Holding —
Urban Residential Type Four ((H)R4)" to "Urban Residential Exception (112-24)".
4.2 The "Urban Residential Exception (R2-24)" zone permits single detached
dwellings with a minimum 12.0 metres of frontage. However, the intent of the
approved plan of subdivision and rezoning applications was for the subject
properties to be developed as linked dwelling lots. Staff has since determined
that the subject properties were incorrectly zoned. The subdivision has
subsequently been registered and built in conformity with the draft approval as
link dwelling lots.
645
REPORT NO.: PSD-060-06 PAGE 3
5.0 PUBLIC NOTICE AND SUBMISSIONS
5.1 Public Notice was given by mail to each landowner within 120 metres of the
subject site.
5.2 Staff was contacted by the Owner of 83 Sleeman Square who indicated that the
dwelling has been marketed by the developer as a single detached dwelling.
Staff confirmed for the owner that the permit had been issued for a linked
dwelling. The owner was advised that if the zoning is not corrected, the
dwellings would not comply in regards to lot frontage area, and interior side yard
setbacks.
6.0 STAFF COMMENTS
6.1 As the intent of the plan of subdivision and rezoning applications and the OMB
approval was to zone the subject properties for the development of linked (semi-
detached) dwellings, it is appropriate to rezone the subject lands to "Urban
Residential Exception (R145)". This zone category is consistent with the plan of
subdivision as Draft Approved and Registered. Furthermore, it is in keeping with
how the lands have been developed and will prevent any future confusion as to
the permitted use of the subject properties.
7.0 CONCLUSIONS
7.1 It is recommended that the Zoning By-law Amendment contained in Attachment 1
be passed based on the comments in this report.
Attachments:
Attachment 1 - Location Map
Attachment 2 -Zoning By-law Amendment
646
r+nacnmem i
To Report PSD-060-06
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To Report PSD-060-06
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2006-
being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the
Corporation of the former Town of Newcastle
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 8463, as amended, of the Corporation of the former Town
of Newcastle to implement ZBA 2006-0012;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Schedule"4"to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from:
"Urban Residential Exception(R2-24)"
To:
"Urban Residential Exception(R1-45)".
2. Schedule"A"attached hereto shall form part of this By-law.
3. This By-law shall come into effect on the date of the passing hereof, subject to
the provisions of Sections 34 of the Planning Act.
BY-LAW read a first time this day of 2006
BY-LAW read a second time this day of 2006
BY-LAW read a third time and finally passed this day of 2006
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
648
This is Schedule • to By-law 2006
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Clar�ngton
ceadt�grtie way REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Tuesday, May 23, 2006
Report M PSD-061-06 File #:, PLN 1.1.9 By-law M
Subject: REGIONAL SUBMISSION ON THE GREENBELT PLAN
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-061-06 be received;
2. THAT the Municipality of Clarington advise the Minister of Municipal Affairs and
Housing, the Greenbelt Council and the Region of Durham that it does not support
amendments to the boundaries of the Greenbelt Plan, at this time;
3. THAT the Greenbelt Council be requested to review issues related to rural employment
uses in the Greenbelt;
4. THAT a copy of Report PSD-061-06 be forwarded to John Gerretsen, Minister of
Municipal Affairs and Housing; the Municipal Affairs and Housing, Greenbelt Group; the
Greenbelt Council; the Region of Durham Planning Department and area municipalities;
and
s THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by: Reviewed by�2
D d J. Crome, M.C.I.P., R.P.P. Franklin Wu,
FUDJC/df Director of Planning Services Chief Administrative Officer
17 May 2006
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T(905)623-3379 F(905)623-0830
650
REPORT NO.: PSD-061-06 PAGE 2
1.0 BACKGROUND
1.1 The Province has increasingly recognized the need to control sprawl, deal with gridlock
and protect natural features and agricultural land as the principle elements in
maintaining a strong economy: As part.of the Liberal campaign platform, a Greenbelt
was proposed for the Greater Toronto Area (GTA). The new government introduced Bill
27, the Greenbelt Protection Act on December 16, 2003 to set the process in motion to
establish a permanent Greenbelt. The purpose of this Bill was to initiate a study to
establish a greenbelt around the GTA and place a one year moratorium on development
of urban uses outside of urban settlements.
1.2 On October 28, 2004 the Province introduced Bill 135 — The Greenbelt Act. The
Greenbelt Act became law on February 24, 2005 and the Greenbelt Plan came into
effect on February 28, 2005. The Act requires that all decisions for applications made
under the Planning Act, which were commenced on or after December 16, 2004 must
conform to the Plan.
1.3 The Plan does not allow for settlement areas outside the Greenbelt to expand into the
Greenbelt (Sec 3:4.2.3). For Clarington this means the northern and eastern boundary
of Courtice are fixed at the 1996 urban boundary as set out in the Official Plan. The
same is true of the western and northern boundary of Bowmanville. The Village of
Orono is entirely within the Greenbelt.
1.4 The Act requires municipalities to amend their official plans to conform with the
Greenbelt Plan through the 5-year review provisions of the Planning Act. The Act
provides for the review of the Greenbelt Plan every 10 years to determine if it should be
revised (Sec. 10 (1)).
1.5 The Act provides that the Minister may propose amendments to the Greenbelt Plan, in
respect of areas designated as Protected Countryside (Sec. 11 (1)). However, the Act
does not allow for an amendment that would have the effect of reducing the total land
area within the Greenbelt Plan (Sec. 12 (2)).
2.0 REGIONAL RESOLUTION
2.1 On May 10, 2006, Regional Council directed regional staff to prepare a submission to
the Minister of Municipal Affairs and Housing and the Greenbelt Council on a variety of
Greenbelt implementation issues including adjustments to the boundaries of the
Greenbelt. Council's resolution is as follows:
a) THAT staff be directed to forward a submission to the Minister of Municipal Affairs
and Housing and the Greenbelt Council that incorporates the Region's issues with
the Greenbelt Plan, as identified in Report #2006-P-33 of the Commissioner of
Planning, and the following issues as set out in parts b) through e);
b) THAT the lands located between Audley Road/Lakeddge Road from Highway 401
to Taunton Road, in the Town of Ajax be designated future development area
651
REPORT NO.: PSD-061-06 PAGE 3
subject to the final alignment of the 4011407 Link and subject to removal from the
Greenbelt Plan;
c) THAT the lands located in the Townkne Road area of the Mi+'nicipality of Clarington
which are bounded by Townline Road, -Pebblestone Road and the existing
Courtice Urban Area Boundary also be designated future development area
subject to removal from the Greenbelt Plan;
d) THAT the lands located on the northeast comer of Nash Road and Hancock Road,
in the Municipality of Clarington also be designated future development area
subject to removal from the Greenbelt Plan;and
e) THAT the lands located north of Brawley Road, in the Town of Whitby, be removed
from the Greenbelt Plan to reflect the draft Greenbelt Plan area as shown in
Attachment#5 to Report#2006-P-38 of the Commissioner of Planning.
Report 2006=P-38 (an Addendum to 2006-P-33) and Report 2006=P-33 are provided in
Attachment:I,-
2.2 It should be emphasized that Regional Council's resolution for Ajax and Clarington not
only recommends the removal from the Greenbelt, but it would designate these lands as
"future development area", thereby presumably giving instruction to regional staff to
include these lands as expansions to the urban area boundaries.
2.3 Although it was not explicit, the resolution provided for an increase in the Greenbelt in
the vicinity of the urban separator between Bowmanville and Courtice. These are the
lands south of Highway #2 (Hancock Road to Holt Road) that are currently designated
as Major Open Space. Regional staff have advised that this is set out in the Region's
Report 2006-P-33 as follows:
"In its submission to the Province on the Greenbelt Draft Plan, Regional
Council requested that Greenbelt include the Major Open Space urban
separator between Courtice and Bowmanville. However, the southerly
extent of the Greenbelt in this area is along Highway 2. It does not extend
to Highway 401 as per the ROP.
Unlike other issues discussed above, the inclusion of this recommendation
would have the effect of increasing the total land area of the Greenbelt
Plan. There does not appear to be any policies in the Plan that would
preclude increasing the size of the Greenbelt. However, an amendment to
the Greenbelt Plan would be required nonetheless.
Consideration could be given to this area providing compensation for
removal of Greenbelt lands in other locations."(Sections 3.24 to 3.26)
Regional staff advised that the submission will include a request to extend the
Greenbelt as shown on Attachment 2. The total area to be added is approximately 1990
acres.
652
REPORT NO.: PSD-061-06 PAGE 4
2.4 The Region's resolution proposes that four areas totaling 2,860 acres be removed from
the Greenbelt.
1) East Ajax - approximately 350 hectares (910 acres) between Audley
Road and Lakeridge Road south of Taunton Road.
2) North Whitby- approximately 560 hectares (1456 acres) north of Brawley
Road.
3) Two areas on the north-west and north-east sides of Courtice which are
described in more detail below:
a) North-west: Bounded by Pebblestone Road to the north, the urban
boundary to the east and south (from McLean Road to 70 metres north of
Lawson Road) and Townline. This area has a total of 383 acres; however;
once the existing estate residential on Timberiane, Gearings and Kresia
are removed, and the Provincially Significant Wetland area plus the
fragmented ownership along Townline, the amount of land that might be
developable is approximately.120 acres. That acreage does not include
the buffers that would be required around the wetland areas and the future
alignment of Adelaide Avenue.
b) North-east: Bounded by Hancock Road on the west and Nash Road on
the south, this is 114 acres; with 97 that might be developable; however,
this calculation does not include the buffers that would be required around
the wetland area (in the north) and the valley on the south-east comer.
Both of these areas in Courtice are within the Lake Iroquois Shoreline, characterized by
sandy soils and a high water table. It is a significant hydrogeological feature.
2.5 Other issues that affect Clarington, addressed in the Region's Report # 2000-P-33 as
referenced in part (a) of the resolution, are Rural Employment Areas and the servicing
of Orono addressed in Section 5 of this report.
3.0 BASIS OF THE GREENBELT PLAN
3.1 The broad objectives of the Greenbelt Plan are to protect the environment, protect
prime agricultural lands and promote healthy, vibrant rural communities. From Niagara
to Clarington, the Greenbelt Plan encompasses approximately 1.8 million acres of land.
This includes lands currently protected by the Niagara Escarpment Plan (NEP) and the
Oak Ridges Moraine Conservation Plan (ORMCP) and approximately 1 million acres of
new lands. The lands beyond the NEP and ORMCP, but within the Greenbelt are
designated "Protected Countryside".
653
REPORT NO.: PSD-061-06 PAGE 5
3.2 The Protected Countryside is made up of the following areas:
• an Agricultural System that includes Specialty Crop Areas, Prime Agricultural Land,
and Rural Areas,
• a Natural System comprised of a Natural Heritage System and a Water Resource
System;
• Settlement Areas, and
• Parkland, Open Space and Trails.
3.3 The components of the Agricultural System have the following purpose:
a) Prime Agricultural Areas are those areas where Canada Land Inventory Classes
1,2, and 3 soils predominate. The Prime Agricultural Area policies support normal
farm practices and a full range of agricultural, agricultural related and secondary
uses. These areas cannot be re-designated in municipal official plans for non-
agricultural uses. Urban-expansions are not permitted into Prime Agricultural Areas.
b) Rural Areas are characterized by a mixture of agricultural lands, natural features,
recreational and historic land uses. Agriculture and agriculturally related uses
continue to be recognized and are supported within the Rural Areas. Recreational,
tourism, leisure uses and resource based uses are permitted within the Rural Areas.
Countryside or estate residential developments are not permitted in the Rural Areas.
3.4 The Natural System policies protect areas of significant and/or sensitive natural
heritage, hydrologic and landform values and consists of a Natural Heritage System and
a Water Resource System. The Natural System includes areas where there is a high
concentration of natural heritage, hydrologic and landform features (Key Natural
Heritage Features). A full-range of agricultural uses can continue to occur in the Natural
System and new development and site alteration is subject to environmental studies to
determine if there will be any negative effects on a natural feature or its function.
Development or site alteration is generally prohibited within Key Natural Heritage
Features.
3.5 Settlement Areas include towns, villages and hamlets. Towns and villages are
permitted modest growth at the 10 year review if servicing capacity exists. However new
Great Lakes-based servicing is prohibited.
3.6 Parkland, Open Space and Trails recognize existing trails, conservation areas,
provincial and municipal parks within the Greenbelt and supports increasing the supply
of publicly accessible lands. Municipalities are encouraged to provide a range of
publicly accessible built and natural settings for recreation. Municipal official plans
should incorporate strategies to guide the adequate provision of recreation facilities,
parklands, open space areas and trails.
3.7 Non-Agricultural Use Policies of the Greenbelt Plan
The Greenbelt Plan contains policies dealing with mineral aggregates, infrastructure
and non-agricultural uses. Non-agricultural uses are not permitted within Prime
Agricultural Areas, but may be permitted in other areas. Non-agricultural uses include
passive and active recreational and tourism uses, including golf courses, as well as
654
REPORT NO.: PSD-061-06 PAGE 6
commercial, industrial and institutional uses that serve the rural and agricultural sectors.
In recognition of the future need for infrastructure and mineral aggregates, the draft
Greenbelt Plan permits these uses provided adverse effects are minimized. Aggregate
extraction is prohibited within Key Natural Heritage Features, but may be permitted in
significant woodland if the woodland is occupied by a young plantation or early
successional habitat.
3.8 Boundary of the Greenbelt
The boundary of the Greenbelt Plan is defined by the Surveyor General, and
established by Ontario Regulation. The boundary of the Greenbelt has been fixed with
precision.
4.0 CLARINGTON'S PREVIOUS COMMENTS ON THE GREENBELT
4.1 On December 13, 2004 Council endorsed Report PSD-160-04 (Resolution GPA-488-
04) as the Municipalities comments which is summarized in the following sections.
4.2 The Establishment of a Greenbelt is supported
Over the last 25 years, the forces of growth around Toronto have proven to be strong,
complex and creating an array of problems that are increasingly difficult for government
and business. Regional government has not been successful in providing a overall
approach to address growth issues in the GTA. The establishment of a Greenbelt is an
important new planning tool to provide a structure for growth. By first identifying the
areas where urban growth should not occur, the groundwork is laid for the development
of a growth plan. Obviously, both plans must work in tandem and it will be important to
understand how both plans will intersect. Despite the significant erosion of regional
planning function, the Greenbelt Plan will provide a comprehensive and stable planning
environment that will enable area municipalities to plan their detailed growth plans.
Clarington supports the vision of the draft Greenbelt Plan to permanently protect the
countryside to ensure that agriculture, natural systems.and continued opportunities for
recreation and tourism are provided for future generations.
4.3 The Greenbelt should be tightly aligned around existing urban centres
Provincial officials have indicated that the Unprotected Countryside includes almost
double the amount of new urban lands anticipated to be required in the next 30 years.
By having such a large area for possible urban expansions, there is limited incentive to
adjust development patterns to more sustainable forms. The Province should consider
a more tightly aligned Greenbelt around existing urban centres to ensure that the status
quo development situation does not continue for years to come.
4.4 Defining the south limit of the Lake Iroquois Shoreline
Clarington has identified the limit of the Lake Iroquois Shoreline in the Official Plan
based on Central Lake Ontario Conservation Authority Environmental Sensitivity
Mapping Project prepared by Gartner Lee Associates Limited in 1978 and Physiography
of Canada by Chapman and Putnam, 1984. The Provinces draft Greenbelt Plan limit
655
REPORT NO.: PSD-061-06 PAGE 7
did not incorporate hydrogeologic features such as seepage areas and springs. The
final plan took into account the extent and limits of the Lake Iroquois Shoreline. The
Province has assured Clarington that they have a good scientific definition of the Lake
Iroquois Shoreline, the south limit of the shoreline defines the; general limit of the
Greenbelt in Clarington from Courtice to Newcastle. The Greenbelt Plan includes the
Provincially Significant Wetlands such as the Harmony/Farewell Wetland Complex and
the Black/Farewell Wetland Complex and the Maple Grove Wetland Complex all of
which were being defined during the year between the draft and final plan.
4.5 As a minimum, the future extension of Adelaide Avenue should be used as the
southerly limit of the Greenbelt between Townline and the Farewell Creek in
Courtice
During the review of the draft Greenbelt Plan, Clarington Council requested that the
Province consider the preferred alignment of Adelaide Avenue be determined by the
Class Environmental Assessment` from Townline Road to Trulls Road. The future
extension of Adelaide Avenue had been generally interpreted to represent the northern
urban limit of Courtice. However, when,the final Greenbelt boundary was issued the
Province did not consider this request, rather they maintained the firm edge of the urban
boundary as 75 to 140 metres north of Lawson Road.
5.0 COMMENTS ON PROPOSED POLICY REVISIONS TO GREENBELT PLAN
Desionation of Rural Employment Lands
5.1 The Region is requesting that the Greenbelt Plan be amended to provide opportunities
for the designation of employment lands in rural communities. The Greenbelt Plan
currently does not allow for the designation of new or expansions to existing rural
employment areas. The Greenbelt Plan only permits resource-based commercial and
in rural areas. This pre-empts
industrial, recreational, tourism and leisure based uses p p
the Region's Official Plan (ROP) which permits the same uses in Rural Employment
lands as in urban, provided they are dry in nature.
5.2 Much of Clarington is in the Greenbelt and is rural, as such this policy would benefit
Clarington in being able to designate additional rural employment lands; it could be
especially beneficial for the landscape industry, construction industry or other industrial
uses that do not require servicing. However care would be required in crafting a policy
that would limit the geographic extent, location and types of industrial uses that may be
appropriate.
Servicina of Orono
5.3 The Region has raised a concern with the policy prohibiting the extension or expansion
of Great Lakes based water and sewer systems to settlement areas within the Protected
Countryside, particularly Orono. The Region is requesting that the Greenbelt Plan allow
the opportunity to provide lake-based services to Orono, consistent with the policies of
656
REPORT NO.: PSD-061-06 PAGE 8
the ROP that indicate long-term intent to investigate the provision of municipal services
to that community.
5.4 The approved Greenbelt Plan surrounds the Village of Orono which restricts the
expansion of Orono regardless of its servicing constraints.
5.5 Lake-based services would only be expanded to Orono if there were either a health risk,
which both the ROP and Greenbelt Plan have exception policies for, or an economic
argument could be made for the expenditure of funds to service the area. The
economic argument would include both the proximity to the existing sewers and
significant new growth.
5.6 The build out of north Newcastle anticipated in 10-20 years, would bring the services
about within striking distance of Orono. As such, municipal services for Orono are not
in the 10 year forecast of the Region's Development Charges Study. Thus, currently, to
provide a lake-based sewage system to Orono is well beyond the planning horizon.
The 10 year review of the Greenbelt Plan would provide a forum for discussion of lake-
based servicing and urban boundary expansion for Orono.
6.0 COMMENTS ON PROPOSED BOUNDARY AJUSTMENTS
6.1 The Greenbelt Plan supports many of the goals and objectives of the Clarington Official
Plan and provides further support for the protection of agricultural lands and the natural
system helping to maintain the rural atmosphere of Clarington and preserve agriculture
as a key economic force within this Municipality.
6.2 The Greenbelt Plan has identified areas for permanent protection and focused the
potential for growth to very specific areas. For instance, the Plan has curtailed northern
expansion of the urban areas of Bowmanville and Courtice. However the possibility for
future urban expansion to the east and west of Bowmanville and east of Courtice, south
of Highway 2 may exist depending on release of the Province's Growth Plan and if the
Region and Clarington can justify such an expansion.
6.3 While there are arguments that can be put forward for the exclusion of the north-east
and north-west lands in Courtice from the Greenbelt, that occurred during the review
process between the introduction of the draft and the final Greenbelt Plan. The two
areas in Clarington that the Region is recommending for exclusion from the Greenbelt
were reviewed in detail by the Province, since they were the subject of submissions by
the land owners and Municipality. The Province chose to include these lands within the
Greenbelt boundary; as such, it is highly unlikely that a year later they will reconsider
these boundaries, given the scrutiny and study devoted to establishing a scientific and
defensible boundary.
6.4 When the final Greenbelt boundary was issued an error was made regarding the limit of
the Greenbelt boundary on the north-west side of Bowmanville (it dips inside the current
urban boundary). Although Clarington has requested the Province to correct the error
and the Province has acknowledged that this boundary should follow the existing urban
657
REPORT NO.: PSD-061-06 PAGE 9
boundary, they have indicated that planning should proceed under other policies of the
Greenbelt Plan rather than amending the boundary. We believe this is an indication of
how reluctant the Province is to amend the boundary especially at this early stage.
6.5 Clarington has not carried out the necessary background studies to provide any new
arguments for the removal of the Courtice lands from the Greenbelt. The sub-
watershed plans and environmental studies necessary to determine the development
potential of the lands have not been undertaken. There is good evidence that the areas
partially act as shallow aquifers within the Lake Iroquois Shoreline and as such
development would be questionable. We support the recommendations of the
Greenbelt study that the adjustments of boundaries be part of a comprehensive review
at a future date.
6.6 The Durham Region Official Plan is a comprehensive review; however, the urban
boundary expansions as set out in the Region's Report 2006-P-39 on the Official Plan
Review (Map A5 — Attachment 3) do not have a connection with the request for
Greenbelt boundary adjustments. To our knowledge, they are not part of the land
needs analysis put forward by Regional Planning.
6.7 The staff recommendation of the Durham Region Official Plan Review is to provide
sufficient land without encroaching on the Greenbelt to the year 2031 and beyond.
6.8 It is pre-mature to request an adjustment to the Greenbelt Boundary in Courtice given
where the Province is in the EA study for the 407; the recommendations are being
made based on what is anticipated to be the alignment, which may not come to fruition.
6.9 The Regional position does not seek to address the provisions of the Greenbelt Plan
that allows for amendments provided that it does not have the effect of reducing the
total land area. While the acreage does not- add up it can be assumed that
"compensation" for the removal of lands from the Greenbelt in Whitby and Ajax is being
partially addressed by the addition of lands in Clarington.
6.10 It is pre-mature to request the inclusion of additional lands in the "urban separator"
within the Greenbelt Area, at this time. The area recommended may have the future
Highway 407 corridor within it. This would potentially be an area for future employment
lands in subsequent planning periods. Given this and the issues of farming in close
proximity to urban areas it maybe prudent to maintain these lands as open space so
that other uses not allowed within the Greenbelt could be considered. Moreover, the
permanent protection of the agricultural lands between NewcasUe and Bowmanville
would have greater merit to be added to the Greenbelt from an agricultural perspective.
6.1.1 The Town of Ajax passed a resolution on May 8, 2006 in opposition to the Regional
Council's position to delete lands in Ajax from the Greenbelt.
658
REPORT NO.: PSD-061-06 PAGE 10
7.0 CONCLUSIONS
7.1 Given the response by the Province to arguments put forward previously on these lands
and other issues, we anticipate that the Province will not consider any changes and that
the Region's submission will be futile.
7.2 If the Region's position was accepted, it would have a significant impact on Clarington.
It is recommended that Council advise the Minister of the Municipality's position on the
Greenbelt Boundaries. It is further recommended that the Greenbelt Council further
review the issue of rural employment uses and make recommendations to the Minister.
Attachments:
Attachment 1 — Report 2006-P-33 and Region Report 2006-P-38 (an Addendum to Report
2006-P-33)
Attachment 2 — Map of boundary adjustments recommended in the Region's Report for
Clarington
Attachment 3 — Map A5, Recommended Urban Area Expansions for Courtice and
Bowmanville, Durham Region Official Plan Review
Interested parties to be notified of Council's decision:
John Gerretson, Minister of Municipal Affairs
Greenbelt Council
Victor Doyle, Ministry of Municipal Affairs
Nash Road Developments Inc.
Dunbury Homes
Linda Gasser
Libby Racansky
Joanne Bruno
Victor Humphreys
Regional Planning Department
Kevin Tunney
659
MUOa 11n1crn i
To Report PSD-061-06
1 The Regional Municipality of Durham
To: The Planning Committee
From: Commissioner of Planning
Report No.: 2006-P-33
Date: April 4, 2006
SUBJECT:
Consideration of Issues Related to the Implementation of the Greenbelt Act, 2005 and
the Greenbelt Plan, File: L14-03-06
RECOMMENDATION:
THAT, should Committee wish to proceed with requests to the Province to amend the
Greenbelt Plan outside the 10-year review, staff be directed to prepare a submission to
the Greenbelt Council on the Region's issues, for Planning Committee consideration
and recommendation to Council.
REPORT:
1. PURPOSE
1.1 On March 14, 2006, Planning Committee directed staff to review various
issues related to the implementation of the Greenbelt Plan and to report on
April 4, 2006.
1.2 The purpose of this report is to:
provide an overview of the relevant provisions of the Greenbelt Act (the
Act) and/or policies of the Greenbelt Plan (the Plan);
• present a brief overview of various issues identified by the Region; and
• recommend possible approaches to addressing the issues.
2. BACKGROUND
2.1 The following provides a summary of key elements of the Greenbelt Act and
the Greenbelt Plan:
660
Report No.: 2006-P-33 Page No. 2
• The Greenbelt Act became law on February 24, 2005 and the Greenbelt
Plan came into effect on February 28, 2005;
• The Act requires that all decisions for applications made under the
Planning Act, which were commenced on or after December 16, 2004,
must conform to the Plan (Sec. 7. (1) and 24. (1));
• Applications, matters or proceedings that commenced prior to December
16, 2004, are not required to conform to the Plan (Sec. 24. (2)). In the
case of a new official plan or an amendment thereto, such as the Regional
Official Plan (ROP) Review, the Act deems that the matter would have,
commenced on the day the by-law adopting the amendment is passed
(Sec. 24. (2)). Since Regional Council has yet to adopt a by-law for an
amendment to implement the ROP Review, the forthcoming amendment
must conform to the Greenbelt Plan;
• The Plan allows settlement areas within the Protected Countryside (i.e.
Uxbridge, Port Perry, Beaverton, Cannington and Sunderland)to consider
boundary expansions where a municipality had initiated the consideration
of a settlement expansion prior to the date the Greenbelt Plan came into
effect (Sec. 3.4.4.1). This opportunity is only available through the
municipal conformity exercise to incorporate the Greenbelt Plan into
municipal official plans (i.e. one time only);
• The Plan does not allow for settlement areas outside the Greenbelt(i.e.
all of the Lake Ontario Shoreline Urban Areas)to expand into the
Greenbelt(Sec. 3.4.2.3);
• The Act requires municipalities to amend their official plans to conform
with the Greenbelt Plan through the 5-year review provisions of the
Planning Act. This is consistent with the approach to bring the ROP into
conformity with the Greenbelt Plan through the ROP Review process and
is consistent with previous directions given by Planning Committee in this
regard, as follows:
661
Report No.: 2006-P-33 Page No 3
- February 15, 2005, authorized proceeding with the proparation of draft
amendments to implement the commercial and rural components of
the Recommended Directions Report, including considerations for
Greenbelt Plan conformity (Commissioner's Report 2005-P-13);
- March 8, 2005, directed that the Greenbelt Plan approach to
agricultural designations be implemented through the ROP Review
(Commissioner's Report 2005-P-24);
- May 10, 2005, authorized proceeding with the preparation of draft
amendments to implement the environmental component of the
Recommended Directions Report, including considerations for
Greenbelt Plan conformity (Commissioner's Report 2005-P-40); and
- November 15, 2005, authorized the release of the proposed
amendment for the ROP Review, including amendments to address
Greenbelt Plan conformity (Commissioner's Report 2005-P-92);
• The Act provides for the review of the Greenbelt Plan every 10 years to
determine if it should be revised (Sec. 10. (1)); and
• The Act provides that the Minister may propose amendments to the
Greenbelt Plan, in respect of areas designated as Protected Countryside
(Sec. 11. (1)). However, the Act does not allow for an amendment that
would have the effect of reducing the total land area within the Greenbelt
Plan (Sec. 12. (2)).
3. ISSUES
3.1 The following provides an overview of various issues regarding the Greenbelt
Plan that have been identified in various submissions by the Region to the
Province and/or brought before Planning Committee.
662
Report No.: 2006-P-33 Page No. 4
Desionation of Emolovment Lands
3.2 In its submission to the Province on the Greenbelt.Draft Plan, the Region
requested that the Plan provide opportunities for the designation of
employment lands through expansions to urban areas and be sensitive to the
need for employment lands in rural communities. It also requested that the
Plan permit new or expansions to existing rural employment areas in
accordance with the policies of the ROP.
3.3 The approved Greenbelt Plan implemented the Region's request in part.
Section 3.4.4.1 allows boundary expansions for settlement areas within the
Protected Countryside (i.e. Uxbridge,Port Perry, Beaverton, Cannington and
Sunderland), where a municipality had initiated the consideration of a
settlement expansion prior to the date the Greenbelt Plan came into effect.
Since the ROP Review process was initiated prior to the Plan coming into
effect, consideration can be given to the expansion of these urban areas
where needed. This is a one time opportunity, only available when a
municipality is undertaking the Greenbelt Plan conformity exercise. Otherwise
expansions can only be considered at the 10-year Greenbelt plan review
period (2015).
3.4 Unfortunately, this approach is restrictive in that it would not allow immediate
consideration of expansions to urban areas (eg. Uxbridge where a need for
more employment land is recognized)that currently have infrastructure
capacity limitations. To deal with these circumstances, the Greenbelt
Plan should be modified to allow consideration of needed expansions
when constraints are overcome.
3.5 In terms of Rural Employment Areas, the Greenbelt Plan does not allow for
the designation of new or expansions to existing rural employment areas.
(The Plan only permits resource-based commercial and industrial,
recreational, tourism and leisure based uses in the rural areas.) This pre-
empts the Rural Employment Areas currently designated in the ROP. The
uses permitted by the current ROP in the Rural Employment Areas are the
same as those permitted in urban areas, provided they are dry in nature. As
663
Report No.: 2006-P-33 Page No. 5
such, the ROP Review is recommending the deletion of policies permitting the
designation of new or expansion of existing Rural Employment Areas.
3.6 To permit the designation of new Rural Employment Areas or the
expansion of existing Rural Employment Areas the Greenbelt Plan
should be amended.
Servicing of Orono
3.7 In its submission to the Province on the Greenbelt Draft Plan, the Region
raised a concern with the policy prohibiting the extension or expansion of
Great Lakes based water and sewer systems to settlement areas within the
Protected Countryside, particularly Orono. The Region requested that the
Plan allow the opportunity to provide lake-based services to Orono, consistent
with the policies of the ROP that indicate a long-term intent to investigate the
provision of municipal services to that community.
3.8 The approved Greenbelt Plan does not include an exception that would allow
the extension lake based services to Orono, which severely restricts the
servicing options for that designated Urban Area.
3.9 To permit the further consideration of extending full municipal services
to Orono, an exception should be added to the infrastructure policies of
the Greenbelt Plan.
Designation of Blackstock
3.10 In its submission to the Province on the Greenbelt Draft Plan, the Township of
Scugog requested that the community of Blackstock be recognized as an
Urban Area rather than a Hamlet. The submission recognized that, "The
community was a distinct incorporated municipality prior [to] restructuring, has
a municipal water service system and a full range of community facilities and
services'°.
'Township of Scugog, Report No.PLAN-2004-31, Title:Greenbelt Protection Act, December 6,2004.
664
Report No.: 2006-P-33 Page No. 6
3.11 On Schedule 1 of the approved Greenbelt Plan, Blackstock is recognized as a
"TownNillage", in accordance with the request of the Township,
notwithstanding that it is designated as a Hamlet in the ROP. As such, the
Greenbelt Plan would only permit its expansion to a larger settlement if it is
provided with full municipal services. As noted above, Blackstock is
currently serviced with a well based municipal water system. Sewage is
accommodated by individual systems. No study has been conducted no the
feasibility of providing a municipal sewage system to this settlement or the
potential for expansion of the community.
3.12 Discussions with Provincial staff revealed that it was not their intent to
designate Blackstock as a TownNillage. They indicated that the policies of
the Greenbelt Plan which refer to "Hamlets, as identified in municipal official
plans", reflect the intent of the Greenbelt Plan. As such the Greenbelt Plan
permits infill, intensification and minor rounding out of Hamlets. Accordingly,
Blackstock continues to be recognized as a Hamlet in the ROP Review,
therefore development may take place, in accordance with the relevant
policies of the ROP and the Greenbelt Plan.
Submission of the Audley— Lakeridae Landowners Group
3.13 At the January 31, 2006 statutory public meeting for Part 1 of the ROP
Review, Planning Committee received a deputation from Tunney Planning
Inc. on behalf of certain landowners in the Audley— Lakeridge area. Mr.
Tunney expressed concern with the Province having amended the Greenbelt
Draft Plan to include these lands within the Greenbelt without consultation
with the affected land owners. Mr. Tunney indicated that his clients wished
that the lands be removed from the Greenbelt, and remain in a Major Open
Space or agricultural designation and be governed by the Regional Official
Plan.
3.14 It is our understanding that the Province amended the extent of the Greenbelt
in the area of Audley and Lakeridge Roads in response to a request from the
Town of Ajax, "to include all the lands located north of Taunton Road and east
665
Report No.: 2006-P-33 Page No. 7
of Audley Road in Ajax, that are designated Rural Area in the Ajax Official
Plan, as part of the Greenbelt Plan".
3.15 The February 22, 2006 submission of Tunney Planning Inc. distributed at the
March 14, 2006 meeting of Planning Committee, confirms the submission he
made on January 31, 2006. The submission, however, does not provide a
clear indication of what, if any, action his clients may wish the Region to take
on the Greenbelt Plan.
3.16 The original request of Mr. Tunney (January 31, 2006) is being given due
consideration through the ROP Review process. Given the requirement of
the Greenbelt Plan that the ROP be brought into conformity, and the direction
given by Planning Committee to implement the Greenbelt Plan, the
forthcoming recommendation to Planning Committee will be to include the
Greenbelt boundary in accordance with the approved Greenbelt Plan and to
retain the "Major Open Space" designation on these and other lands, which is
also in conformity with the Greenbelt Plan.
Pickering— Chenvwood Community
3.17 In its submission to the Province on the Draft Growth Plan for the Greater
Golden Horseshoe (April 13, 2005), Regional Council requested:
• an amendment to the boundary of the 'Protected Countryside' under the
Greenbelt Plan to remove the lands in the Cherrywood Community in the
City of Pickering, and an amendment to the Greenbelt Plan to delete
Section 3.4.4.2 a); and
• that the Cherywood Community be identified as a 'Designated Growth
Area'.
3.18 The above recommendation was consistent with the submission of the City of
Pickering on the Greenbelt Draft Plan, which requested that, "the souther
2 Town of Ajax Report to Community Affairs and Planning Committee, Subject:Greenbelt Protection
Legislation(Bill 135), Draft Greenbelt Plan, December 6,2004.
666
Report No.: 2006-P-33 Page No. S
boundary of the Agricultural Assembly(the Cherrywood community) be
excluded from the Greenbelt Plan 3n.
3.19 Implementation of this position is prevented by the Greenbelt Plan, as follows:
• the approved Greenbelt Plan recognizes all of the Lake Ontario shoreline
Urban Areas as "settlement areas outside the Greenbelt" (Schedule 1).
Settlement areas outside the Greenbelt are not permitted to expand into
the Greenbelt (Section 3.4.2.3).
• the policies of Section 3.4.4.1 (i.e. permitting the consideration of
boundary expansions to settlement areas within the Greenbelt), do not
apply to settlement areas outside the Greenbelt; and
• Section 3.4.4.2 a)of the Plan specifically references the Cherrywood
community as being excluded from the provisions of Section 3.4.4.1
Further, while the Act does provide powers for the Minister to amend the
Plan, it does not allow for an amendment to have the effect of reducing the
total land area within the Greenbelt Plan.
3.20 In order for the Cherrywood community to be considered as a candidate area
for urban boundary expansion, in addition to other considerations (i.e. the
Central Pickering Development Plan, Minister's Zoning Order and the Duffins
Rouge Agricultural Preserve Act), the following would be required:
• the area would have to be removed from the Greenbelt and as a result, an
equivalent area of land would have to be added to maintain the total land
area of the Greenbelt; and
• Section 3.4.4.2 a)would have to be removed from the Plan.
Similar considerations would be required for any other changes in the
established Greenbelt boundary.
3 City of Pickering, Report to Council No. PD 47-04, Subject: Draft Greenbett Plan October 2004,
December 2,2004.
667
Report No.: 2006-P-33 Page No. 9
Clarinoton —Townline Road Area
3.21 At the March 14, 2006 Planning Committee meeting, the inclusion of the area
bounded by Townline Road, Pebblestone Road and the existing Courtice
Urban Area boundary in the Greenbelt, was questioned. It was suggested
that since full municipal services are available on Townline Road serving
lands to the west in the City of Oshawa, this area would be suited for urban
development.
3.22 This position is consistent with submissions made by the Municipality of
Clarington to the Province on the Greenbelt Draft Plan.
3.23 In order for the Town line/Pebblestone Road area to be considered as a
candidate area for urban boundary expansion, the area would have to be
removed from the Greenbelt and as a result, an equivalent area of land would
have to be added to maintain the total land area of the Greenbelt.
Urban Separator
3.24 In its submission to the Province on the Greenbelt Draft Plan, Regional
Council requested that Greenbelt include the Major Open Space urban
separator between Courtice and Bowmanville. However, the southerly extent
of the Greenbelt in this area is along Highway 2. It does not extend to
Highway 401 as per the ROP.
3.25 Unlike other issues discussed above, the inclusion of this recommendation
would have the effect of increasing the total land area of the Greenbelt Plan.
There does not appear to be any policies in the Plan that would preclude
increasing the size of the Greenbelt. However, an amendment to the
Greenbelt Plan would be required nonetheless.
3.26 Consideration could be given to this area providing compensation for removal
of Greenbelt lands in other locations.
668
Report No.: 2006-P-33 Page No. 10
4. OPPORTUNITIES TO ADDRESS ISSUES
4.1 Opportunities to affect changes to the Greenbelt Plan are restricted to the
following:
• The Greenbelt Act provides for the review of the Greenbelt Plan every 10
years, to determine if it should be revised. The 10-year review will take
place in 2015. There will be an opportunity for the Region and the area
municipalities to participate in the review process at that time;
• The Act provides that the Minister may propose amendments to the
Greenbelt Plan. Although, the Act does not specify a process, the Plan
provides that such amendments may be considered outside the 10-year
review where:
- there are major unforeseen circumstances, or major new Provincial
policy, legislation or regulation that create the need for an amendment;
- the overall effectiveness and integrity of the Plan would be threatened
if the amendment were deferred to the next 10-year review; or
- the effectiveness and/or relevance of the Plan's policies would be
improved through an amendment; and
• As provided in the Act, the Minister has appointed a Greenbelt Council,
whose mandate is, in part, to provide advice to the Minister on:
- municipal official plan conformity;
possible regulations to the Act; and
- proposed amendments to the Plan.
It is noted that we are in receipt of correspondence from the Chair of the
Greenbelt Council in response to Regional Council's resolution in support
of a Durham Agricultural Advisory Committee resolution requesting
information from the Greenbelt Council (refer to Attachment 1). In that
correspondence the Greenbelt Council Chair states that,
669
Report No.: 2006-P-33 Page No. 11
"The Council appreciates being made aware of concerns among
Greenbelt farmers, organizations and municipalities, as the
implementation of the Greenbelt unfolds over time, and as we gain
perspective on its impact. This could include the boundaries of the
Greenbelt area. In the future, if the Council identifies trends
with respect to Greenbelt delineation issues, or if the Minister
requests our advice, it would be within the Council's mandate
to offer our advice on criteria for refinement of Greenbelt
boundaries." [emphasis added]
5. CONCLUSIONS
5.1 Since there is no clear process for applying to the Minister, and given the
Greenbelt Council's disposition to explore resolving delineation (boundary)
issues, the Greenbelt Council would appear to provide the best approach to
have the Region's-issues considered.
5.2 Accordingly, should Planning Committee wish to make a submission to the
Greenbelt Council, direction is required on the specific issues to be
addressed.
5.3 The Planning Department's interpretation of Provincial Legislation in this
Report has been reviewed by the Legal Department.
A.L. Georgieff, M.C.I.P., R.P.P.
Commissioner of Planning
670
Report No.: 2006-P-33 Page No. 12
RECOMMENDED FOR PRESENTATION TO COMMITTEE
Garry H. Cubitt, M.S.W.
Chief Administrative Officer
Attachment: 1. Correspondence from Dr. Robert Elgie, Chair, Greenbelt
Council, February 20, 2006
H11-Zagendas0006W"4-061Gmnbe1t Plan.doc
671
i
01 The Regional Municipality of Durham
To: The Planning Committee
From: Commissioner of Planning
Report No.: 2006-P-38
Date: April 25, 2006
(This is an addendum Report to Commissioner's Report No. 2006-P-33)
SUBJECT:
Consideration of Issues Related to the Implementation of the Greenbe/tAct, 2005 and
the Greenbelt Plan, File: L14-03-06
RECOMMENDATION:
THAT, should Planning Committee wish to proceed with requests to the Province to
amend the Greenbelt Plan outside the 10—year review, staff be directed to prepare a
submission to the Greenbelt Council on the Region's issues, for Planning Committee
consideration and recommendation to Council
REPORT:
1. PURPOSE
1.1 On April 4, 2006, Planning Committee considered a report presenting
information on various issues raised by Committee on the Greenbelt Plan (CR
2006-P-33 —Attachment 1), including an overview of the relevant provisions
of the GreenbettAct(the Act) and the Greenbelt Plan (the Plan) and possible
approaches to addressing the issues.
1.2 Planning Committee subsequently referred a series of motions (refer to
Attachment 2) on the matter to its April 25, 2006 meeting and directed staff to
provide:
• further information on the Region's position on the Draft Greenbelt Plan
and illustration of the differences between the Draft and Approved Plan
boundary;
672
Report No.: 2006-P-38 Page No. 2
• clarification of the legal interpretation, particularly as they relate to
exemptions from the Greenbelt Plan; and
• recommendations for an appropriate process for proceeding in the midst
of the Regional Official Plan Review.
2., DRAFT AND APPROVED GREENBELT PLANS
Draft Greenbelt Plan
2.1 The Draft Greenbelt Plan was released by the Province for public
consultation on October 28, 2004. On December 7, 2004 Planning Committee
considered Report No. 2004-P-89 (Attachment 3) reviewing the Draft Plan
and recommending a Regional response.
2.2 Regional Council's resolution is Attachment 4. It is noted that Council
modified part xiv) of the Planning Department recommendation, requesting
that the Greenbelt Boundary be modified to conform to the easterly boundary
of the Hamlet of Greenwood, and part xvii), removing the reference to
maintaining the width of the open space between Ajax and Whitby.
2.3 Key issues identified in the Region's submission to the Province on the Draft
Greenbelt Plan include:
withholding approval of the Greenbelt Plan until such time as the Growth
Plan for the Greater Golden Horseshoe is finalized;
• providing municipalities with the flexibility to deal with expansions to urban
areas within the Greenbelt as part of a 5-year review of an official plan
rather than the proposed 10 year review;
providing adequate opportunity for the designation of employment lands
through expansions to urban areas located within the Greenbelt and
recognition of the need for employment lands in rural communities; and
• allowing the extension or expansion of Great Lakes based water and
sewer systems to Orono.
673
Report No.: 2006-P-38 Page No 3
2.4 The boundary of the Greenbelt as presented in the Draft Pian is illustrated in
Attachment 5 (Schedule 1: Greenbelt Plan Area DRAFT).
Approved Greenbelt Plan
2.5 The Approved Greenbelt Plan came into effect on February 28, 2005. A
report, providing an overview of the Greenbelt Act and Approved Greenbelt
Plan and an assessment of how the Region's December 15, 2004 comments
were addressed, was considered by Planning Committee on March 8, 2005
(Commissioner's Report No. 2005-P-24, Attachment 6). It is noted that the
key issues identified in 2.3, above were not incorporated into the Approved
Greenbelt Plan. The report also noted that the Approved Plan incorporated
the following additional areas:
• lands south of the Oak Ridges Moraine: in Pickering, to just north of the
Eighth Concession; in Whitby, to Brawley Road; and in Oshawa, to
Howden Road;
• lands in north Ajax, east Pickering (south of Highway 7), and north-west
Whitby;
• lands north-east and north-west of Newcastle Village; and
• lands between Audley and Lakeridge Roads in Ajax.
2.6 The boundary and the lands included in the Approved Greenbelt Plan are
illustrated in Attachment 7 (Schedule 1: Greenbelt Plan Area). The difference
between the Draft Greenbelt Plan Area and the Approved.Greenbelt Plan
Area is illustrated on Attachment 8.
2.7 In discussions during the April 4, 2006 Planning Committee, it was suggested
that a resolution had been passed by Planning Committee, as part of the
deliberations on the Regional Official Plan Review, essentially advising the
Province that should the Region's comments on the Greenbelt not be
supported by the Province then the Region would not implement the
Greenbelt Plan through the ROP Review.
674
Report No.: 2006-P-38 Page No. 4
2.8 A search by the Clerk's Department of all relevant meeting minutes and
resolutions, has confirmed that no such resolution was passed by Planning
Committee or Council, during discussions related to the ROP Review. As
noted in the 6"' bullet of 2.1 of Commissioner's Report No. 2006-P-33,
considered at the last Committee meeting, direction given throughout the
ROP Review process has been to ensure that the proposed amendments
bring the ROP into conformity with the Greenbelt Plan.
3. LEGAL INTERPRETATION
3.1 The Greenbelt Act and Plan include the following noteworthy provisions:
• all decisions or applications "commenced" on or after December 16, 2004
must conform to the Greenbelt Plan (Sec. 24(2));
• the commencement date for an official plan or its amendment or repeal is
deemed to have been commenced on the day the by-law adopting the
plan, amendment or repeal pursuant to the Planning Act, is passed
(Section 24(4));
• the Greenbelt Plan does not allow for settlement areas outside the
Greenbelt to expand Into the Greenbelt (3.4.2(3)). All of the Lake Ontario
shoreline urban areas are outside the Greenbelt; and
• the Greenbelt Act requires municipalities to amend their official plans to
conform to the Greenbelt Plan through the 5-year review provisions of the
Planning Act.
3.2 In the context of Planning Committee discussions, questions were raised with
regard to the applicability of the Greenbelt Plan to the ROP Review process,
since it was initiated prior to December 16, 2004 (the effective date of the
Greenbelt Plan). A review of the relevant provisions of the Greenbelt Act
makes it clear that it is only where a by-law has been passed, under the
Planning Act adopting any changes to the official plan, prior to December 16,
2004, that such changes become exempt from the requirement to conform
with the Greenbelt Act. Indeed, section 24 (4) (a) of the Greenbelt Act deems
675
Report No.: 2006-13-38 Page No. 5
that an official plan or an official plan amendment is commenced on the day
the by-law adopting the official plan or official plan amendment is passed.
Further, any by-law adopting the plan and any amendments to the official plan
must comply with the provisions applicable to the adoption of official plans
found at section 17(22) of the Planning Act. Since Regional Council has
not yet passed a by-law adopting the proposed amendments to the
Region's official plan pursuant to section 17(22) of the Planning Act,
section 24 (2) of the Greenbelt Act does not apply to exempt the ROP
Review and its proposed amendments from the requirement that these
conform with the Greenbelt Act and Plan.
4. RECOMMENDED PROCESS FOR PROCEEDING
4.1 The issues raised by the Region and area municipalities in relation to the
Greenbelt Plan are identified in Commissioner's Report No. 2006-P-33. The
Report considered by Committee at its most recent meeting gave rise to a
motion seeking to:
• remove lands located between Audley and Lakeridge Roads from
Highway 401 to Taunton Road from the Greenbelt Plan;
• remove lands bounded by Townline Road, Pebblestone Road and the
existing Courtice Urban Area Boundary and designate as furure urban
area;
• remove lands located on the north-east comer of Nash Road and Hancock
Road and designate as future urban area; and
• remove lands located on the east side of Courtice Road north of Bloor
Street and designate as future urban area. (It is noted that these lands
are not included in the Greenbelt Plan Area.)
4.2 Amendments to the ROP to effect the above changes, the other changes
mentioned in Commissioner's Report No. 2006-P-33 and other similar
changes would be contrary to the Greenbelt Act and Plan and would
have no effect (Greenbelt Act, Section 8 (1)).
676
Report No.: 2006-P-38 Page No. 6
4.3 As indicated in Commissioner's Report No. 2006-P-33 (Attachment 1 item
4.1) there are limited opportunities to initiate changes to the Greenbelt Plan.
In assessing the options, reference was made to correspondence received
from the Greenbelt Council indicating that it is within the Council's mandate to
offer advice to the Minister of Municipal Affairs & Housing on refinements to
the Plan.
4.4 As such, the Greenbelt Council would appear to provide the best approach of
having the Region's issues considered in the near term (ie. before the
Minister's 10 year review). However there is no guarantee that the Greenbelt
Council will act on Durham's requests and advise the Minister to make
adjustments to the Plan.
4.5 Accordingly, should Planning Committee wish to make a submission to the
Greenbelt Council, direction is required on specific issues to be addressed.
4.6 The Planning Department's interpretation of Provincial legislation in this
Report has been reviewed by the Legal Department.
A.L. Georgieff, M.C.I.P., R.P.P.
Commissioner of Planning
RECOMMENDED FOR PRESENTATION TO COMMITTEE
Garry H. Cubitt, M.S.W.
Chief Administrative Officer
677
Report No.: 2006-P-38 Page No. 7
Attachments: 1. Commissioner's Report No. 2006-P-33
2. April 4, 2006 Planning Committee Resolution
3. Commissioner's Report No. 2004-P-89
4. Region's Comments on Draft Greenbelt Plan (Council
Approved)
5. Schedule 1: Greenbelt Plan Area DRAFT
6. Commissioner's Report No. 2005-P-24
7. Schedule 1: Greenbelt Plan Area
8. Composite of the Draft and Approved Greenbelt Plan Areas
Halt•2lagendasX2006W4-25-06\Greenbelt Addendum.doc
678
Attachment 2
To Report PSD-061-06
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Clarington
Leadmglhe Way REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING
Date: Tuesday May 23, 2006
Report#: PSD-062-06 File No's: A2006-0014 &A2006-0016 By-law#:
Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT
FOR THE MEETING OF MAY 11, 2006
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-062-06 be received; and
2. THAT Council concurs with the decisions of the Committee of Adjustment made on May
11, 2006 for applications A2006-0014 and A2006-0016, and that Staff be authorized to
appear before the Ontario Municipal Board to defend the decisions of the Committee of
Adjustment.
Submitted by: Reviewed by-�
Davi . Crome, MCIP, R.P.P. Franklin Wu,
Director of Planning Services Chief Administrative Officer
SA"CP"DC"sh
May 15, 2006
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-0830
681
REPORT NO.: PSD-062-06 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.
DECISIONS OF COMMITTEE OF ADJUSTMENT FOR
MAY 11, 2006
Application Number Staff Recommendation Decision of Committee
A2006-0014 Deny Denied
A2006-0016 Approve portion, table portion Approved portion, Tabled
portion
2.0 COMMENTS
2.1 Application A2006-0014 was an application to permit an increase in the number of
electronic entertainment machines from the maximum permitted of three (3) as an
accessory use in a commercial zone, to 24 machines. Staff recommended that the
application be denied as it does not meet three of the required four tests for a minor
variance as it is not minor, nor desirable, nor is it in keeping with the intent of the Zoning
By-law. After lengthy discussion with the applicant at the Public Meeting, Committee
concurred with Staffs recommendation and the application was denied.
2.2 Application A2006-0016 was an application to permit the extension and reconstruction
of a_legally non-conforming accessory building (detached garage) located within an
Environmental Protection (EP) zone. This portion of the application was approved as
applied for. During the site inspection, Staff noted an above-ground pool was. also
located in the "EP" zone and a review of information indicated that it did not have legal
non-conforming status. The applicant amended the application at the meeting to
include the pool, and this amended portion of the application was tabled to allow a new
public notice and circulation to be given in accordance with the Planning Act and to
permit agency comments to be obtained.
2.3 Staff has reviewed the Committee's decisions and are satisfied that application A2006-
0016 is in conformity with the Official Plan policies, consistent with the intent of the
Zoning By-law and are minor in nature and desirable. Staff are also satisfied with
Committee's decision to deny application A2006-0014 as the application was not minor,
not desirable and was not in keeping with the intent of the zoning by-law.
682
REPORT NO.: PSD-062-06 PAGE 3
2.4 Council's concurrence with the decisions of the Committee of Adjustment is required in
order to afford Staffs official status before the Ontario Municipal Board in the event of
an appeal of any decision of the Committee of Adjustment.
Attachments:
Attachment 1 - Periodic Report for the Committee of Adjustment
683
Attachment 1
To Report PSD-062-OE
Clarington
Leading the Way
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT: E-PLAYGROUND
OWNER: 1529593 ONTARIO LTD.
PROPERTY LOCATION: 100 MEARNS AVENUE, BOWMANVILLE
PART LOT 9, CONCESSION 2
FORMER TOWN(SHIP) OF BOWMANVILLE
FILE NO.: A2006-0014
PURPOSE:
TO PERMIT AN INCREASE IN THE NUMBER OF ELECTRONIC ENTERTAINMENT
MACHINES FROM THE MAXIMUM PERMITED OF THREE (3) AS AN ACCESSORY
USE IN A COMMERCIAL ZONE, TO 24 MACHINES.
DECISION OF COMMITTEE:
THAT THE APPLICATION BE DENIED AS IT IS NOT IN KEEPING WITH THE ZONING
BY-LAW, IT IS NOT MINOR IN NATURE AND IS NOT CONSIDERED DESIRABLE FOR
THE NEIGHBOURHOOD
DATE OF DECISION: May 11, 2006
LAST DAY OF APPEAL: May 31, 2006
684
Clarington
Leading the Way
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT: BERNIE KATONA
OWNER: BERNIE KATONA
PROPERTY LOCATION: 14 ANN STREET, BOWMANVILLE
PART LOT 11, CONCESSION 1
FORMER TOWN(SHIP) OF BOWMANVILLE
FILE NO.: A2006-0016
PURPOSE:
TO PERMIT THE EXTENSION AND RECONSTRUCTION OF A LEGALLY NOW
CONFORMING ACCESSORY BUILDING (DETACHED GARAGE) LOCATED WITHIN AN
ENVIRONMENTAL PROTECTION (EP) ZONE.
DECISION OF COMMITTEE:
THAT THE APPLICATION BE APPROVED TO PERMIT THE EXTENSION AND
RECONSTRUCTION OF A LEGAL NON-CONFORMING ACCESSORY BUILDING (DETACHED
GARAGE) IS RECOMMENDED, SUBJECT TO THE APPLICANT OBTAINING A BUILDING PERMIT
FROM THE MUNICIPALITY PRIOR TO CONSTRUCTION AND THAT NO EXISTING GRADING AND
DRAINAGE PATTERNS BE ALTERED OR ADVERSELY AFFECTED.
ALSO, THAT THE APPLICANT AMEND THE MINOR VARIANCE APPLICATION TO INCLUDE THE
ABOVE-GROUND POOL LOCATED WITHIN THE ENVIRONMENTAL PROTECTION ZONE AND
THAT THIS AMENDED PORTION OF THE APPLICATION BE TABLED TO A SUBSEQUENT
COMMITTEE OF ADJUSTMENT MEETING WITHIN THREE (3) MONTHS TO PERMIT THE
APPLICANT TIME TO DISCUSS THE LOCATION OF THE ABOVE-GROUND POOL WITH BOTH
CENTRAL LAKE ONTARIO CONSERVATION AND THE MUNICIPALITY OF CLARINGTON
DATE OF DECISION: May 11, 2006
LAST DAY OF APPEAL: May 31, 2006
685
- Clar�ngton
ceoarng rtie way REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING
Date: Tuesday May 23, 2006
Report#: PSD-063-06 File No's: PLN 15.12 & PLN 26.13 By-law#:
Subject: LICENSE AGREEMENT FOR HYDRO CORRIDOR NORTH OF WILMOT CREEK FOR
WATERFRONT TRAIL
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee recommend to
Council the following:
1. THAT Report PSD-063-06 be received;
2. THAT the two license agreements for recreational purposes be entered into with the Province of
Ontario, one for the Hydro Corridor lands the first for Lots 1, 2, and Part of 3, Broken Front
Concession, former Township of Darlington and second for Lots 33, 34, 35, Concession 1
former Township of Clarke;
3. THAT By-laws authorizing the Mayor and Clerk to execute the agreement for the above noted
licenses be adopted;
4. THAT Council authorize staff and the municipal solicitor to take all necessary steps to finalize
these license agreements; and
5. THAT all interested parties listed in this report and any delegations be advised of Council's
decision.
Submitted Reviewed b b Y:
y:
a i J. Mrotne, M.C.I.P., R.P.P. Franklin Wu,
Director o Planning Services Chief Administrative Officer
` A. S. Ca ella, C.E.T.
Director of Engineering Services
FL`DC'sh'df
May 16, 2006
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830
686
REPORT NO.: PSD-063-06 PAGE 2
1.0 BACKGROUND
1.1 The Municipality committed to the Waterfront Regeneration Trail in the 1990's. Since
that time, the studies carried out by the Municipality, planning decisions and land
acquisitions have advanced the goal of a continuous off-road trail along the Waterfront
in the urbanized areas of Clarington.
1.2 The Municipality has been working with Ridge Pine Park Inc. (Rice Developments) to
complete the "missing link" in the trail between Bennett Road and Cobbledick Road. In
the Phase 1 to 5 Amending Agreement for the development, terms were put in place to
ensure the alignment and funding for the Waterfront Regeneration Trail through the
hydro corridor north of Wilmot Creek Retirement Community by the developer.
1.3 Bill 58 — The Reliable Energy and Consumer Protection Act, 2002 received Royal
Assent in June 2002. It allowed for the ownership of approximately 50,000 acres of
hydro transmission corridor lands to be transferred from Hydro One to the Province of
Ontario. This transfer became effective on December 31, 2002 enabling the Province to
protect contiguous corridor lands as well as identify and dedicate the lands for other
compatible future uses.
1.4 The Province initiated a study regarding Provincial Secondary Land Use for corridor
lands. Municipalities had the opportunity to identify their public interests in corridor
lands; which Clarington did through PSD-011-05.
1.5 Under the new ownership and land use principles established by the Province for hydro
corridor lands, staff have been able to work with Hydro One, the current license holder
(Altario Farms Limited) and Ontario Realty Corporation (ORC) to arrange a license
agreement for recreation purposes and have the existing agricultural license reduced by
the area attributable to the proposed extension of the Waterfront Trail.
2.0 COMMENTS
2.1 The location of the Waterfront Trail in relation to the Wilmot Creek Community has been
shown on the revised site plans and the subject of negotiation with both the owners of
Wilmot Creek Community, Altario Farms, the current license holder of the corridor,
Hydro One and Ontario Realty Corporation. All parties are in concurrence as to the
location of the trail, its alignment and construction details.
2.2 The Municipality will be obtaining the license for a 13m wide corridor, 3m for the trail
and 5m buffer on both sides; through the agricultural fields licensed to Altario Farms
(see Attachment 1). The section from the Service Road west is referred to on the plan
as Stage 1, and Stage 2 is from the Service Road eastward to Cobbledick Road. The
licence area for Stage 1 is 1.1 ha and for Stage 2 is 1.7 ha, for a Total licence area of
2.8 ha. Only the Stage 1 area is being built in 2006, Stage 2 is not currently scheduled;
however, we are obtaining approval the license for the entire area at this time.
687
REPORT NO.: PSD-063-06 PAGE 3
2.3 The licence agreement is granted on the provision that, the Licensee (the Municipality)
pay the sum of One Dollar ($1.00) plus G.S.T. and in addition 50% of all taxes, rates or
grants in lieu thereof. The Finance Department have indicated that at the current tax
rate of $2,920.99 for Stage 1 and $4,514.26 for Stage 2 when implemented will be
applicable.
2.4 The other terms of the Licence that Council should be aware of is that it is only for a five
(5) year term, which is the standard that ORC is enforcing for all hydro corridor licenses.
It is non-renewable,; rather another licence can be entered into at the end of the term. In
addition, there is a 90 day termination option that the Licensor has the sole discretion to
exercise at any time. We have asked Hydro One if the term could be extended or a
renewal clause added, but have not received an answer to our request.
2.5 The Municipality must carry Five Million Dollars ($5,000,000,000.00) in order to
indemnify the Licensor and Hydro One Networks Inc. The Director of Finance has
confirmed that we are in compliance with this condition.
2.6 The license agreement has been reviewed by the Municipal Solicitor.
3.0 CONCLUSION
3.1 The Municipality has been working towards having the Waterfront Trail off-road,
especially in the more urbanized areas.
3.2 The developer is paying for the construction of the trail as part of the overall
development of Wilmot Creek Lifestyle Community in accordance with the
arrangements with the Municipality.
3.3 Staff are recommending that the license agreement for recreational purposes be
entered into in two phases with the Stage 1 area to be initiated as soon as possible.
Attachments:
Attachment 1 - Map of hydro corridor land and trail location
Attachment 2 - By-law for Stage 1
Attachment 3 - By-law for Stage 2
List of interested parties to be advised of Council's decision:
Les Hart
Hugh Allin
Patrick Grace
Rice Developments
688
Wilmot
Retirement
I
Creek
Community
LAKE ONTARIO
HIGHWAY 401
® 13m Trail Width to be Leased from Hydro One by M.O.C.
Part of Lots 1 to 3, Broken Front Concession
Former Township of Darlington ( STAGE 1 )
0 13m Trail Width to be Leased from Hydro One by M.O.C.
Part of Lots 33 to 35, Broken Front Concession
Former Township of Clarke ( STAGE 2 )
EM Lands Currently Leased from Hydro One by M.O.C.
Part of Lots 31 and 32, Broken Front Concession
Former Township of Clarke
--------• Proposed Water Front Trail
PLN 15.12 and PLN 26.13
NATIONAL
e Samual I Wilmot 11
Nature Reserve
j
0
'* D
C
0
rn3
wo
cy) ,
Attachment 2
To Report PSD-063-OE
THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2006-
being a by-law to authorize the entering into a Recreational Purpose Licence
Agreement with Her Majesty the Queen, in Right of Ontario, as represented by
the Minister of Public Infrastructure Renewal, the owner of the Utility Corridor
located in Part of Lots 1, 2, and 3 in Broken Front Concession former Township
of Darlington (Stage 1), now in the Municipality of Clarington, Region of
Durham
WHEREAS, the Council of the Corporation of the Municipality of Clarington has approved
the alignment of the Waterfront Regeneration Trail through these lands, shown in
Schedule A;
AND WHEREAS, the Hydro One Networks Inc., has transferred ownership of it utility
corridors to Her Majesty the Queen in right of Ontario, who in turn have authorized a
signing officer of Ontario Realty Corporation("ORC") to execute a license on behalf of
Her Majesty for a period of five(5)years;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington 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's seal,
a Licence Agreement for Recreational Purposes between Her Majesty the Queen,
the owner of the Hydro Transmission Corridor located in Part of Lots 1,2, and 3 in
Broken Front Concession former Township of Darlington, now in the Municipality of
Clarington, Region of Durham.
BY-LAW read a first time this 29"' day of May 2006
BY-LAW read a second time this 29"' day of May 2006
BY-LAW read a third time and finally passed this 29' day of May 2006
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
690
Attacnment
To Report PSD-063-C
THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2006-
being a by-law to authorize the entering into a Recreational Purpose Licence
Agreement with Her Majesty the Queen, in Right of Ontario, as represented by
the Minister of Public Infrastructure Renewal, the owner of the Utility Corridor
located in Part of Lots 33, 34 and 35 in Concession 1 former Township of
Clarke(Stage 2), now in the Municipality of Clarington, Region of Durham
WHEREAS,the Council of the Corporation of the Municipality of Clarington has approved
the alignment of the Waterfront Regeneration Trail through these lands, shown in
Schedule A;
AND WHEREAS, the Hydro One Networks Inc., has transferred ownership of it utility
corridors to Her Majesty the Queen in right of.Ontario, who in turn have authorized a
signing officer of Ontario Realty Corporation ("ORC' to execute a license on behalf of
Her Majesty for a period of five(5)years;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington 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's seal,
a Licence Agreement for Recreational Purposes between Her Majesty the Queen,
the owner of the Hydro Transmission Corridor located in Part of Lots 33, 34 and 35
in Concession 1,former Township of Clarke, now in the Municipality of Clarington,
Region of Durham.
BY-LAW read a first time this 29'h day of May 2006
BY-LAW read a second time this 29P day of May 2006
BY-LAW read a third time and finally passed this 29" day of May 2006
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
691
HIGHWAY 401
Wilmot
. . . . . �
Retirement I Community
♦�i!•����d�O�
i•��•pQii�•
•
•gyp'♦•..p•.�
LAKE ONTARIO
•
® 13m Trail Width to be Leased from Hydro.One by M.O.C.
Part of Lots 1 to 3, Broken Front Concession
Former Township of Darlington ( STAGE 1 )
0 13m Trail Width to be Leased from Hydro One by M.O.C.
Part of Lots 33 to 35, Broken Front Concession
Former Township of Clarke ( STAGE 2 )
Lands Currently Leased from Hydro One by M.O.C.
Part of Lots 31 and 32, Broken Front Concession
Former Township of Clarke
--m— Proposed Water Front Trail
PLN 15.12 and PLN 26.13
Clarin��W� ■n
Leadiag the Way V REPORT
ENGINEERING SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Tuesday May 23, 2006 Resolution #:
Report#: EGD-29-06 File #: By-law#:
Subject: CLARINGTON/OSHAWA BOUNDARY ROAD AGREEMENT
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-29-06 be received;
2. THAT the Mayor and Clerk be authorized to execute an amending agreement to
the Clarington/Oshawa Boundary Road Agreement (By-law 2004-165) to provide
for equitable cost sharing of new street lighting on boundary roads;
3. THAT Council pass the appropriate by-law confirming the amended agreement;
and
4. THAT the Municipal Solicitor register the agreement and the by-law in the proper
land registry office.
Respectfully by,
Submitted by: A. S. Cannella, C.E.T. Reviewed by: Franklin Wu
Director of Engineering Services Chief Administrative Officer
ASC/LJB/dv
May 12, 2006
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-9282
701
Report#EGD-29-06 Page 2
1.0 BACKGROUND
1.1 In June 2004, the Municipality entered into a boundary road agreement with the
City of Oshawa to replace the agreement which had just previously expired. The
wording of the new agreement was updated to reference the new Municipal Act.
The purpose of the proposed amendment to the existing agreement is to provide
more equitable cost sharing of the installation of new street lighting.
2.0 COMMENT
2.1 Previously, the cost of providing and maintaining a street lighting system on a
boundary road was shared equally between the two municipalities unless the
installation was related to development. In that case, the Developing Municipality
would pay the entire construction cost.
The proposed amended agreement continues to provide for an equal share in the
cost of new installations which is not related to development. However, it now
provides "subject to each Municipality's budget approval", for sharing of the
benefit-to-existing component. In other words even though street lighting may be
installed because of new development in the vicinity, there is a benefit to the
existing residents (and road users), which is unrelated to development, and
therefore, should be shared by both parties. The amended clause is contained in
section 6.01 (b).
3.0 CONCLUSION
3.1 In consultation with the City of Oshawa, staff recommend that the amendment be
made to the existing Boundary Road Agreement to provide for equal sharing of
the benefit-to-existing component of street lighting works.
Attachments
Attachment 1 -Amending Agreement to the 2004 Agreement
702
ATTACHMENT NO.:i
REPORT NO.: EGD-2646
AmrmaAe Agra t b tM 2604
THIS AGREEMENT made In triplicate as of the_day Of ,2006 AprxmNrt
BETWEEN:
THE CORPORATION OF THE CITY OF OSHAWA
(herein referred to as"Oshawa`')
—and—
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
(herein referred to as"Clarington")
RECITALS
(a) Pursuant to section 11 of the Municipal Act,2001,Clarington and Oshawa may pass by-laws
respecting matters within the"highways"sphere of jurisdiction.
(b) Pursuant to section 29 of the Municipal Act,2001,if municipalities having joint jurisdiction over a
boundary line.highway enter into an agreement under which each municipality agrees to keep
any part.of the highway in repair for its whole width and to indemnify the other municipality from
any loss or damage arising from the lack of repair for that party,the agreement and a copy of -
the by-law authorizing the agreement may be registered in the land registry office.
(c) Townline Road is a boundary line highway over which Oshawa and Clarington have joint
jurisdiction.
{d) By agreement dated January 24, 1979 between Oshawa and The Corporation of the Town of
Newcastle,provision was made for the reconstruction and sharing of costs relating to such
reconstruction of that part of Townline Road between the Canadian Pacific Railway line and
Farewell Creek.
(e) By agreement dated October 1, 1982 between Oshawa and The Corporation of the Town of
Newcastle, provision was made for the maintenance and repair of that part of Townline Road
forming part of the boundary between Oshawa and The Corporation of the Town of Newcastle.
(f) By this Agreement Oshawa and Ciarington wish to make provision for'all matters relating to the
maintenance,repair and construction and the sharing of casts of such construction of certain
parts of Townline Road.
NOW THEREFORE In consideration of the mutual terms,conditions and covenants contained herein and
other goad and valuable consideration,the receipt and sufficiency of which by each of the
Municipalities is hereby acknowledged,THE MUNICIPALITIES HERETO AGREE As FOLLOWS:
1. INTERPRETATION.
1.01 In this Agreement where words appear with their first letter capitalized,the words shall have the
meanings set out for them in the lettered paragraphs of this Section. Otherwise,all words used
In this Agreement are intended to hays the meanings ordinarily ascribed to them in the English
language.
(a) "Agreement"means this agreement,including its recitals and any schedules which forth an
integral part of.it as amended from time to time.
(b) "Claims"include any and all claims,actions,causes of action,complaints,demands,
suits or proceedings of any nature or kind in respect of any and all losses,damages,
liabilities,deficiencies,costs and expenses(including,without limitation,all legal and
other professional fees and disbursements,interest,liquidated damages and amounts
paid in settlement,whether from a third person or otherwise),the costs or expenses of
complying with any environmental laws,and any economic losses,consequential,
indirect,special and incidental damages resulting from or in any way related to a breach
of a term of this Agreement,loss of life,personal Injury(including,in all cases,personal
discomfort and illness),and loss of and damage to property.
(c) "ClaringtW'means The Corporation of the Municipality of Clarington.
(d) "Clarington Roads"mean those portions of Townline Road described in Schedule B to this
Agreement and as depicted in Schedule D to this Agreement For the purposes of Section
3.02 of this Agreement,Clarington Roads shall also include any unopened part of Townline
Road between the northern limit of Oshawa Roads and the northem limit of Clarington.
The approximate total length of Clarington Roads,excluding any unopened part of
Townline Road,is 4.81 km.
Page 1 of 703
ATTACHMENT NO.:1
REPORT N0: EOD49M
AmMWnna Aan rvt to HM 2004
Agn nit
(e) "Construction"includes reconstruction,gravelling,paving and excavating and includes the -
installation of engineered fill,subdrains,granular base,concrete curb and gutter,concrete
sidewalk,guiderails,topsoil,sod,street trees,storm sewers,catchbasins,culverts,bridge
construction,traffic signalization,street lighting,sanitary sewers,watermains and service
connections and also similar activities and materials in,under,over, upon,along,above or
across Townline Road but does not include Maintenance and Repair.
(f)
"Construction Costs"means all costs relating to Consruction and include costs relating to
surveying,designing,drafting,preparation of specifications,requests for proposals,
tendering,supervision of construction,accounting,overhead costs,debenturing,interest
and financing costs. _
(g) "Developing Municipality"means the Municipality in which a Development is proposed or
occurs.
(h) "Development"means any work on or to land or buildings,including redevelopment,which
requires one of the following actions:
(i) the passing of a zoning by-law,or an amendment to a zoning by-law under section -
34 of the Planning Ad;
(ti) the approval of a site plan under section 41 of the Planning Act
(ii) the approval of a minor variance under section 45 of the Planning Ad which
involves a change in use,intensification of use or expansion of use;
(i v) a conveyance of land to which a by-law pressed under subsection 50(7)of the
Planning Act applies;
(v) the approval of a Plan of Subdivision under section 51 of the Planning Act
(vi) a consent under section 53 of the Planning Act;
(vii) the approval ofe description under sections 8 or 8 of the Condominium Act,1998;
or
(vii) the issuing of a permit under the Building Code Act 1992 in relation to a building or
structure. .
() "Durham Roads"means those portions of Townline Road described in Schedule C to this
Agreement and as depicted in Schedule D to this Agreement. The approximate total length
of Durham Roads Is 5.40 km.
Ul "Maintain and RepaiP means activities relating to the maintenance and repair of municipal
highways in accordance with and to the standard from time to time prescribed by by-law
and policy,as applicable,of Clarington or Oshawa,as the case may be,Including,without
limitation,ditching,CSP culvert replacement,box culvert restoration,orb replacement,
guiderail repair,pavement marking,regravelling,repaving,emulsion resurfacing,asphalt
patching,gravel patching,grading and seasonal maintenance, sidewalk replacemeM,
sidewalk maintenance,maintenance of existing road closure gates,sewer and catchbasin
cleaning,priming crack sealing,grass and weed Hutting,sweeping and flushing,traffic and
regulatory sign maintenance,winter control measures(including snow plowing,snow
removal,snow fencing and de-icing)lifter control,tree trimming and removal,traffic
signalization maintenance,street lighting maintenance and bridge maintenance.
(k) "Municipality'means Clarington or Oshawa.
(1) "Oshawa"means The Corporation of the City of Oshawa.
(m) "Oshawa Roads"mean those portions of Townfine.Road described in Schedule A to this
Agreement and as depicted in Schedule D to this Agreement. For the purposes of section
3.01 of this Agreement Oshawa Roads shall also include any unopened part of Townline
Road between Oshawa's southern Ilmk and the northern Ilnh of Oshawa Roads. The
approximate total length of Oshawa Roads,excluding any unopened.part of Townline
Road,is 4.12 km.
(n) 'Term"means the tern of this Agreement as specified in section 2.01 of this Agreement 704
Page 2 of 6
ATTACHMENT NO.:1
REPORTNOz EGO-20.06
Amending AOmrrwnt to the 2006
Agreernent
(o) "Townline Road"is a boundary line highway that includes Clarington Roads,Durham
Roads and Oshawa Roads.
1.02 All words in this Agreement shall be deemed to include any number or gender as the context
requires.
1.03 This Agreement shall be interpreted according to the laws of the Province of Ontario.
1.04 Article,section,clause and/or paragraph headings are for reference purposes only and shall not in
any way modify or limit the statements contained in the text of this Agreement
1.05 References to federal or provincial statutes or regulations or municipal by-laws are deemed to refer
to the relevant legislation as amended,including successor legislation. Without limitation,
(a) "Building Code Act"means the Budding Code Act, 1992,&0.1992,a 23;
(b) "Condominium Act 1998"means the Condominium Act, 1998,S.O. 1996,c.19;
(c) "Municipal Act,2001"means the Municipal Ad,2001,S.O.2001,c.25;
(d) "Planning Act'means the Planning Act,R.S.O. 1990,c. P.13
2. - TERM.
.2.01 The tens of this Agreement shall commence on the date that by-laws of both Municipalities
authorizing the execution of this Agreement have been passed("By-law Date"). The term of this
Agreement shall expire on the later of the 10'anniversary of the By-law Date and the date on
which either Municipality has notified the other that this Agreement has been terminated. The
Municipalities acknowledge that this Agreement together with a copy of the by-laws authorizing the
execution of this Agreement may registered in the Land Registry Office of Durham(no.40).
3. MAINTENANCE AND REPAIR
3.01 Oshawa covenants and agrees that it shall:
(a) Maintain and Repair to their full width Oshawa Roads;
(b) indemnify and save harmless Clarington from and against any Claims arising from or in any
way related to any alleged failure by Oshawa to Maintain and Repair Oshawa Roads;and
(c) subject to Articles 5 and 6 of this Agreement, not undertake any Construction in respect of
Oshawa Roads except with Clarington's prior written consent.
3.02 Clarington covenants and agrees that it shall:
(a) Maintain and Repair to their full width Clarington Roads;
(b) indemnify and save harmless Oshawa from and against any Claims arising from or in any
way related to any alleged failure by Claringion to Maintain and Repair Clarington Roads;
and
(c) subject to Articles 5 and 6 of this Agreement,not undertake any Construction in respect of
Clarington Roads except with Oshaws's prior written consent.
3.03 Oshawa and Clarington shall,subject to each Municipalitys budget approval,share equally the
cost of any regravelling,repaving and emulsion resurfacing,bridge maintenance,box cuhreR
restoration and traffic signal¢ation maintenance associated with their respective obligations to
Maintain and Repair contemplated by clauses 3.01(a)and 3.02(a)of this Agreement
3.04 Clarington shall administer access and utility consents to Town fine Road from Clarington.
3.05 Oshawa shall administer access and utility consents to Townline Road from Oshawa.
3.06 Each Municipality shall consuk with the other for the purposes of the administration of access
pursuant to sections 3.04 and 3.05 of this Agreement
Page 3 of 6 705
ATTACHMENT NO.:1
REPOW N0.:EGD-2M
AnumllnE Agr m nt to the MW
Ago *M
4. STREET LIGHTING
4.01 Oshawa and Clarington shall,subject to each Municipality's budget approval,share equally the '
costs of operating and maintaining a street lighting system in respect of Clarington Roads,Durham
Roads and Oshawa Roads.
5. CONSTRUCTION
5.01 Subject to Article 6 of this Agreement and to each Municipality's budget approval,Oshawa and
Clarington will contribute equally to Construction Costs related to Construction of Oshawa Roads
and Clarington Roads. -
6. DEVELOPMENT
6.01 Notwithstanding paragraphs 3.01(c)and 3.02(c)of this Agreement,H Construction relates to a
Development,the Developing Municipality may undertake or cause or permit to be undertaken
such Construction on the following terms:
(a) The Developing Municipality shall give to the other Municipality at least eight(8)weeks'
written notice prior to the commencement of such Constriction.
(b) Oshawa and Clarington shall,subject to each Municipality's budget approval,share equally
the benefit-to-existing component of the street lighting portion of Construction Costs relating
directly to such Construction. The Developing Mumicipelity'shall bear the balance of the
street lighting portion of Construction Costs relating directly to such Construction.
Otherwise,the other Municipality shall bear none of the Construction Costs relating directly
to such Construction.
6.02 Nothing in section 6.01 shall derogate from each Municipality's obligation to Maintain and Repair
Townline Road pursuant to the terms of this Agreement.
T. GENERAL
7.01 Any notice to be given under this Agreement shall be sufficiently given If delivered or if sent by
prepaid first class mail and addressed
to Clarington at:
The Corporation of the Municipality or Clarington
Attention: Director of Engineering Services
40 Temperance Street
Bowmanville,ON
L1C 3A6
and to Oshawa at -
The Corporation of the City of Oshawa
Attention: Commissioner of Development Services
50 Centre Street South
Oshawa,ON
L1H 3Z7
Receipt of notice shall be deemed on the earlier of the date of delivery or fie(5)days following the
date of mailing of the notice. Either Municipality may charge its address for notice by giving notice
of change of address pursuant to this section
7.02 Notwithstanding anything in this Agreement,neither Municipality shall be In default with respect to
the performance of any of the terms of this Agreement if any rwn performance is due to any force
majeure,strike,kxirout,labour dispute,civil commotion,war or similar event,invasion,the
exercise of military power,act of God,government regulations or controls,inability,to obtain any
material or service,or any cause beyond the reasonable control of the Municipality(uniess such
lack of control results from a deficiency in financial resources). Otherwise,time shall be of the
essence of this Agreement and all the obligations contained herein.
Page 4 of 6 706
ATTACHMENT 140.:1
REPORT NO.: EGD-2M
AnmHUn0 Agr ono b IM 2001
AQnamMt
7.03 The Municipalities shall jointly determine no less frequently than quarterly during each year of the
term of this Agreement(individually,an"Adjustment Date")the amount,if any,to be paid by one
Municipality to the other Municipality in accordance with the terms of this Agreement In respect of
the period for which the determination is being made. In the event that the Municipalities do not
jointly determine such amount within thirty(30)days of an Adjustment Date,either Municipality
may refer the matter to be finally settled by arbitration in accordance with the provisions of this
Agreement. The provisions of the Arbitration Ad, 1991,S.O. 1991.,c. 17 shall apply,except where
a contrary intention is expressed herein. The matter shall be referred to the arbitration of a single
arbitrator,if the parties agree upon one,otherwise to three arbitrators,one to be appointed by each
party and a third to be chosen by the first two named before they enter upon the business of
arbitration. The award and determination of the arbitrator or arbitrators or any two of the three
arbitrators shall be binding upon the Municipalities. Any amount shalt be paid within thirty(30)
days of the earlier of the Municipalities'determination or the award of the arbitrator(s),as
applicable. -
7.04 The rights and liabilities of the Municipalities shall enure to the benefit of and be binding upon the
Municipalities and their respective successors and approved assigns.
7.05 Subject to section 7.06 of this Agreement,this Agreement contains the entire agreement between
the Municipalities. There is no covenant,promise,agreement,condition precedent or subsequent,
warranty or representation or understanding,whether oral or written,other than as set forth in this
Agreement. This Agreement fully replaces and supersedes any agreement or other contractual
arrangement between the Municipalities related to the subject matter of this Agreement.
.7.06 Nothing in this Agreement relieves either Municipality from any outstanding financial obligation to
the other in respect of any prior agreement or other contractual arrangement between the
Municipalities related to the subject matter of this Agreement.
7.07 If any article,section,subsection,paragraph,clause or subdause or any of the words contained in
this Agreement shall be held wholly or partially Illegal,invalid or unenforceable by any court of
competent jurisdiction,the Municipalities agree that the remainder of this Agreement shall not be
affected by the judicial holding,but shall remain in full force and effect. The provisions of this
Agreement shall have effect,notwithstanding any statute to the contrary.
7.06 No supplement,amendment or waiver of or under this Agreement shall be binding unless executed
.in writing by the Municipality to be bound thereby. No waiver by a Municipality of any provision of
this Agreement shall be deemed or shall constitute a waiver of any other provision or a continuing
waiver unless otherwise expressly provided.
WrrNESS WHEREOF the Municipalities hereto have hereunto affixed their corporate seals duly attested by
the proper signing officers in that behalf. -
THE CORPORATION OF THE CITY OF OSHAWA
MAYOR
ds
CLERK
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
MAYOR
Gs
CLERK
Page 5 of 6 707
ATTACHMENT NO.;I
REPORT NO: EGD-2946
AmwiEing Aip wnw0 WtlM 2004
AgnwiHiA
Schedule"A"("Oshawa Roads")
Those parts of Townline Road:
(a) from McLaughlin Bay on Lake Ontario northerly to Provincial Highway No.401,being a distance
of approximately 0.18 km;
(b) from the St. Lawrence&Hudson Railway(formerly CPR)northerly to Gord Vinson Aveune,
being a distance of approximately 1.15 km;
(c) from Durham Regional Road 22(Bloor Street East in Oshawa)northerly to Cherrydown Drive in
Oshawa,being a distance of approximately 0.46 km;
(d) from a point approximately 0.08 km south of Durham Road 59(Olive Avenue in Oshawa)
northerly to Durham Regional Road 59(Olive Avenue in Oshawa),being a distance of
approximately 0.08 km;and
(e) from Durham Regional Road 4(Taunton Road)northerly to Conlin Road East in Oshawa
(Concession Road 6 in Clarington)and further northerly approximately 0.19 km to the southerly
limit of the unopened part of Townline Road,tieing a total distance of approximately 2.25 km.
Schedule"B"("Clarington Roads")
Those parts of Townline Road:
(a) from Concession Road 7 in Clarington northerly to Winchester Road East in Oshawa,being a
distance of approximately 0.18 km;and
(b) from a point approximately 0.22 km south of Regional Road 3(Columbus Road East in
Oshawa)northerly to Regional Road 3 and further northerly approximately 4.41 km to
Concession Road 10 in Clarington,being a total distance of approximately 4.63 km.
Schedule"C"("Durham Roads")
Those parts of Townline Road:
(a) from Gord Vinson Avenue northerly to Regional Road 22(Bloor Street East In Oshawa),being a
distance of approximately 0.25 km;and
(b) from Regional Road 59(Olive Avenue in Oshawa),northerly to Regional Road 4(Taunton
Road), being a distance of approximately S.15 km.
708
Page 6 of 6
Clar�tgton
Leading the➢Vay REPORT
ENGINEERING SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Tuesday, May 23, 2006 Resolution #:
Report#: EGD-30-06 File #: By-law#:
Subject: MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR APRIL, 2006.
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-30-06 be received for information.
Submitted by: Reviewed by�
A. S. annella, C.E.T. Franklin Wu
Director of Engineering Services Chief Administrative Officer
ASC*RP*bb
May 10, 2006
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-1824
709
REPORT NO.: EGD-30-06 PAGE 2
1. BACKGROUND:
1.1 With respect to the Building Permit Activity for the month of April 2006, Staff wish to
highlight the following statistics for the information of Committee and Council.
MONTH OF APRIL YEAR TO YEAR TO % CHANGE
OF VALUE
2006 DATE 2006 DATE 2005
YTD 06-05
Permits Issued 87 306 327 -6.4°
VALUE OF CONSTRUCTION
Residential $11,600,76 $48,431,141 $43,130,7511 12.3%
Industrial $1,819,OOQ $1,859,00q $11,601 15925.9°
overnment $ $1,500,00 $145,00 934.5°
ommercial $489,5001 $1,015,80q $819,00q 24.0°
Institutional $395,84q 395,84 $ NI
gricultural $1,80 $433,43 $413,84 4.7
OTAL $14,506,91 20,19q 20.5°
The following is a historical comparison of the building permits issued for the month of"APRIL"
and "YEAR TO DATE"for a three year period.
Historical Data for Month of"April" Historical Data"YEAR M DATE"
$100,000,000
$35.000.000 $90,000,000
$80,000,000
$30,000,000 $70,000,000
$25,000,000 $60,000,000
$20.000,000 $50,000,000
$40,000,000
$15,000,000 $30,000,000
$10,000,000 $20,000,000
$5,000,000 $10,000,000
$0 2006 2005 2004 $0 j$536.35,2.35 2005 2004 5 $14,323,556. $29,301,990 ®value $44,520,199 $85,769,883
710
REPORT NO.: EGD-30-06 PAGE 3
The following is a comparison of the types of dwelling units issued for the month of"APRIL"
and "YEAR TO DATE".
Dwelling unit Type"AML 2006" Dwelling Unit Type "YEAR TO DATE
4 2006"
e Apartment 64
Tovnhous 7% Apartment 747
o% 23%
Single
39 59 Detached
Sngle Tamhouse 53%
Detached 80/0
14 68%
seni-
Detached
25% 47
sern-
Detached
®Single Detached 39 17"A
Semi-Detached 14 ■Single Detached 147
®
®Semi-Detached 47
®Townhouse 0 13 Townhouse 19
®Apartment 4
111 Apartment 64
1.2 With respect to building permit activities (over$250,000) and large residential building
permit activities, the details are provided as follows:
APPLICANT CONSTR TYPE LOCATION VALUE
St Marys Cement Inc Storage Building 400 Waveriey Rd Bowm $1,200,000
Dunbury Development Ltd Tim Horton's 361 King Avenue, Newc $435,000
Bowmanville Creek Devel Site Servicing 285 Baseline Rd Bowm $619,000
Trulls Road Free Methodist Parking Lot Expan 2301 Trulls Rd, Courtice $395,846
Attachment#1 — Monthly Building Permit Activity Report/Historical Comparison of Building
Permit
711
ATTACHMENT#--j_TO
Municipality of Clarin ton
REPORT# L(,01)2)
Building Services - Monthly Activity ReportAPRIL 2006
2006 2005
April Year to Date April Year to Date
PERMIT FEES $121,798 $442,888 $92,055 $290,066
2006 2005
April Year to Date April Year to Date
Building Inspections 504 1788 764 2687
Plumbing Inspections 424 1740 615 2274
TOTALS 928 3528 1379 4961
2006 2005
April Year to Date April Year to Date
Single Detached 39 147 35 117
Semi-Detached 14 47 38 120
Townhouse 0 19 0 0
Apartments 4 64 0 1
TOTALS 57 277 73 238
YEAR: 2006
AREA (to 2005 2004 2003 2002 2001 2000 1999 . 1998 1997 1996
month)
Bowmanville 216 307 587 468 345 312. 1 188 1 184 313 423 217
Courtice 47 241 173 180 133 129 231 296 254 295 331
Newcastle 2 202 191 123 131 76 110 78 4 5 3
Wilmot Creek 4 15 25 29 38 24 19 21 33 21 16.
Orono 1 2 1 1,
Darlington 2 14 15 13 17 47 102 31 14 20 17
Clarke 5 13 10 16 15 9 17 17 12 20 10
Burketon 1 1 1 1 1 1 2
Enfield 3
Enniskillen 1 1 2 5 7 6 3 7 3
Hampton 3 1 1 1 2 1 2 2
Haydon 1 1 2
Kendal 1 3 2. 1
Kirby 1
Leskard 1 1
Maple Grove 7
Mitchells Comers 1
Newtonville 4 5 3 3 3 1 2
Solina 1 3 3 3 1 1
Tyrone 3 F 9 3
TOTALS 277 802 7015 843 1701 609 679 640 636 801 601
Attachment#1 —Monthly Building Permit Activity Report/Historical Comparison of Building Permit 712
MONTH OF APRIL 2006
2006 2' 0
BUILDING CATEGORY NUMBER OF VALUE OF NUMBER OF VALUE OF
PERMITS CONSTRUCTION PERMITS CONSTRUCTION
Residential 74 $11,800,769 104 $13,190,399
Industrial 2 $1,819,000 0
$0
Government 0 $0 2 $95,000
Commercial 4 $489,500 6 $709,000
Institutional 1 $395,846 0 $0
Agricultural 1 $1,800 3 $329,157
Demolition 5 $0 0 $0
TOTAL 87 $14,506,915 115 $14,323,556
YEAR TO DATE
2006 2005
BUILDING CATEGORY NUMBER OF VALUE OF NUMBER OF VALUE OF
PERMITS CONSTRUCTION PERMITS CONSTRUCTION
Residential 267 $48,431,149 299 $43,130,751
Industrial 4 $1,859,000 2 $11,600
Government 1 $1,500,000 3 $145,000
Commercial 17 $1,015,805 11 $819,000
Institutonal 1 $395,846 0 $0
Agricultural 6 $433,435 5 $413,848
Demolition 10 $0 7 $0
TOTAL 306 $53,635,235 327 $44,520,199
Attachment#1 - Monthly Building Permit Activity Report/Historical Comparison of Building
713
Clarington
Leading the Way
REPORT
ENGINEERING SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Tuesday May 23, 2006
Report#: EGD-31-06 File # By-law#
Subject: LOWE STREET AND TEMPERANCE STREET RECONSTRUCTION,
COMRIF INTAKE 1 BRIDGE RECONSTRUCTION PROJECTS — PUBLIC
INFORMATION CENTRE
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-31-06 be received;
2. THAT Staff proceed to finalize the detail design of each project and tender the works to
meet the summer 2006 construction start schedule, and;
3. THAT all those who attended the Public Information Centre and who have contacted the
Municipality as interested parties be informed of this report.
Respectfully by,
'V, 'Z
n
l l�
Submitted by: A. S. Cannella, C.E.T. Reviewed by: Franklin Wu
Director of Engineering Services Chief Administrative Officer
ASC/BMB/dv
May 15, 2006
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-4169
714
REPORT NO.: EGD-31-06 PAGE 2
1.0 BACKGROUND
1.1 Lowe Street and Temperance Street Reconstruction
Both Lowe Street and Temperance Street are classified as local roads in the
Clarington Roads Needs Study and have inadequate surface and structural
deficiencies. The roads serve as part of the Old Bowmanville Neighbourhood street
network as shown in Attachment#1.
1.2 Canada-Ontario Municipal Rural Infrastructure Fund (COMRIF)
Previously presented to Council, the focus of the program is to ensure that Ontario
communities enjoy a quality of life through infrastructure investments which:
• enhance and renew Ontario's ageing public infrastructure
• improve the quality of the environment
• protect the health and safety of citizens
• support long-term economic growth
• build strong, sustainable communities by giving municipalities the tools they need
The funding formula for the program would see the 3 levels of government, local
municipality, Ontario and Canada, each.paying 1/3 of the eligible project costs. The
Municipality of Clarington was successful in securing funding for 6 bridge/culvert
reconstruction sites through the application process. Each location is included as
Attachment#2.
2.0 APPROACH
2.1 To assess suitable construction measures for both projects and to obtain local
residents input to the design process, a joint Public Information Centre was held to
present both project proposals. The public was notified of the meeting by
newspaper advertisement, the Municipality's information board, and through
circulation notices to those who are directly affected by the proposed works.
715
REPORT NO.: EGD-31-06 PAGE 3
3.0 INFORMATION CENTRES
3.1 Public Information Centre, April 12, 2006
At the meeting the following documentation and plans were presented for
discussion:
Lowe Street& Temperance Street Reconstruction
• Existing Road Condition Base Plans, showing proposed road works with aerial
photography as a background for both Clarington and the Regional works;
• A typical road sections for urban designs with on-street and off-street parking for
Baldwin Street;
• Photographs of existing pavement structure;
• A Tree Assessment Report was available for reading.
COMRIF Bridge Reconstruction Projects
Photographs of each existing structure and condition thereof;
Structural drawings indicating the overall width, lane configuration, and detail of
the bridge and deck proposed.
• Project rational and highlights.
In all, the meeting was well attended and the register and comment sheets are on
file within the Engineering Services Department and available for review.
The design proposals presented for each project was generally well received with
strong concerns expressed about the Bailey Bridge proposals at Cedar Park Road
and Vennest Road crossings. Others were merely in attendance as interested
observers satisfied with the works proposed.
The major concern with respect to the proposed bridge type at Cedar Park and
Vennest Road is farming machinery access and Municipal maintenance vehicle
access. As such the design team is now proposing a pre-fabricated Hy-Span bridge
716
REPORT NO.: EGD-31-06 PAGE 4
structure to resolve the issues and comments made by the Public. The remaining
bridge locations did not require any further attention.
4.0 COMRIF BRIDGE PROJECTS
4.1 Although the cost of a pre-fabricated Hy-Span bridge structure is higher than that of
a Bailey Bridge, staff acknowledged the Public concern raised with respect to
preserving access to farming machinery supporting the Public's source of revenue.
4.2 Staff has discussed surrounding Municipality tender closings with respect to their
COMRIF project and has found that closing costs have been much higher than
estimated. This is in part due to the volume of work that exists for contractors as a
result of such Provincial and Federal funded projects as COMRIF and Move Ontario.
Due to the scope of work involved in COMRIF projects, it is also suggested that
smaller contractor can not complete proposed works that are largely grouped and
tendered together. It is anticipated that Clarington will experience the same issues
other Municipalities have gone through.
4.3 In order to address pricing concerns, staff have elected to divide the COMRIF
tendering process into 2 tender documents for multiple purposes, competitive market
and the in-stream work window enforced by CLOCA and DFO. Staff will attempt to
create a competitive environment for small contractors through strategic grouping
and allow for greater flexibility to the limited in-stream construction work window of
July to mid September.
6.0 DISCUSSION
i
5.1 As a result of the Information Centre, detailed design will be finalized and design
drawings and tender documents will be prepared for each project to target an early
summer tender call so that Council can consider the project for a construction start
date of July of 2006.
717
REPORT NO.: EGD-31-06 PAGE 5
Attachments:
Attachment No. 1 — Site Map ( Lowe Street &Temperance Street)
Attachment No. 2 — Site Map (COMRIF Bridge Projects —6 Locations)
Interested parties to be advised of Council's decision:
Attendees of PIC;
Commenting members of the Public through correspondence.
718
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�aatng the Way
REPORT
OPERATIONS DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: MAY 23, 2006
Report#: OPD-006-06 File #: By-Law#:
Subject: CNE GARDEN SHOW
Recommendations:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report OPD-006-06 be received; and
2. THAT the Municipality of Clarington participates in the annual CNE 2006
Garden Show.
j
Submitted by: � Reviewed by:� �"°" 07;
®
Fred Horvath Franklin Wu,
B.A., R.D.M.R., R.R.F.A. Chief Administrative Officer
Director of Operations
FH1BG1na
801
REPORT NO. OPD-006-06 PAGE 2
1.0 BACKGROUND AND COMMENT:
The Municipality of Clarington has once again been asked to participate in
the CNE Garden Show. Clarington has participated in the municipal display
category for the past two years. Last year with the assistance of Bloomfields
Farm in Newcastle who graciously supplied many of the flowers and materials for
the display,operations staff designed and constructed a display named
"Clarington's Country Charm".
The displays are seen by millions of CNE visitors and offer our
municipality an opportunity to show that Clarington is a desirable destination that
promotes itself by installing this display.
The CNE offers an honorarium of$4.00 per square foot. The displays are
750 square feet giving participating municipalities $3200.00 to help cover the
costs of materials. The cost of labour and equipment has been funded under the
current budget, which has been estimated at$4,500.00.
This year Bloomfields Farm along with several other local suppliers and
companies such as Birks Landscaping and Kobes Nurseries have offered a
partnership in the design and installation of the display along with municipal staff.
If Council is in agreement, staff will continue to work with the partners on
developing a display and will confirm its participation for 2006.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE,ONTARIO L1C 3A6 T(905)263-2292 F(905)263-1433
C:Oocumem s and Settingsljpot\Local SettingslTempozry Internet Files\OLK67D\OPD-006-06-CNE GARDEN 802
SHON+.doc
��ar�gton
Lsaa�ng the way
REPORT
EMERGENCY AND FIRE SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: May 23, 2006
Report#: ESD-007-06 File# 10.12.6 By-law#
Subject: MONTHLY RESPONSE REPORT—APRIL 2006
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee recommend
to Council the following:
1. THAT Report ESD-007-06 be received for information.
Submitted by: .. Reviewed by:
Go6on Weir, AMCT, CMM111 Franklin Wu.
Director Emergency& Fire Services Chief Administrative Officer
GW'sr
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-6506
901
REPORT NO: ESD-007-06 PAGE 2
BACKGROUND AND COMMENT
1. BACKGROUND
1.1 Our report covers the month April, 2006. It is our intent to provide Committee with
information relevant to this department, in a timely manner.
2. REPORT
2.1 The department responded to 288 calls during this period and recorded total fire loss at
$86,500. A breakdown of calls responded to follows in the table attached.
Attachment: Activity Report
902
CLARINGTON EMERGENCY & FIRE SERVICES ACTIVITY REPORT
Period: April 1, 2006 00:00:00hrs to April 30, 2006 23:59:59hrs
CALL TYPES -VOLUME BY STATION
STATION 1 STATION 2 STATION 3 STATION 4 STATION 5 TOTAL
CALL TYPE Bowmanville Newcastle Orono Courtice Enniskillen
PROPERTY FIRE CALLS 9 4 0 5 4 22
includes structure chimney, vehicle, miscellaneous e. ..furniture,clothing, etc
UNAUTHORIZED BURNING 9 3 5 5 3 25
(burning complaints)
FALSE FIRE CALLS 18 1 2 7 0 28
includes alarm activations-socidental/malicious,human-perceived emergencies,check calls e. . investigate an odor
PUBLIC HAZARD CALLS 20 11 0 10 1 42
includes propane/natural gas leaks,fuel/chernical spills, power lines down/arcin , C.O. leaks etc.
RESCUE CALLS 1 13 1 6 1 1 1 4 1 4 28
includes vehicle extrications/accidents,commercial/industrial accidents home/residential accidents,water/ice rescues
MEDICAL ASSIST CALLS 1 54 1 21 1 2 1 40 2 119
includes assistance to ambulance personnel with respiratory and resuscitation emergencies)
MISCELLANEOUS CALLS 1 15 1 3 1 0 1 5 1 24
incidents not found assistance not 'd by other agencies,call cancelled on route,etc.
TOTALS 138 49 1 10 76 15 288
DOLLAR LOSS
#of Fire Calls 9 4 0 4 0 17
Dollar Loss$ $51,000 $70,000 $0 $25,500 E0 $86.50
VOLUNTEER STANDBY RESPONSES
#of Standbys -Calls 4 0 1 0 4 0 8
#of Standbys-
Training 0 0 0 0 0 0
2006 MONTHLY CALL VOLUME BY STATION
Jan. Feb. Mar. Apr. May. Jun. Jul. Aug. I Sep. Oct. Nov. Dec.
STATION 1 122 109 126 138 0 0 0 0 0 0 0 0 495
STATION 2 25 38 22 49 0 0 0 0 0 0 0 0 134
STATION 3 20 29 18 10 0 0 0 0 0 0 0 0 77
STATION 4 71 61 89 76 0 0 0 0 0 0 0 0 297
STATION 5 5 8 15 15 0 0 0 0 0 0 0 0 43
1046
TOTALS 243 245 1 270 288 0 0 1 0 0 0 0 0 0 1046
2005 MONTHLY CALL VOLUME BY STATION
Jan. Feb. Mar. Apr. May. Jun. Jul. Aug. Sep. Oct. Nov. Dec.
STATION 1 153 118 109 148 133 170 161 157 139 118 137 128 1671
STATION 2 38 36 34 40 26 34 29 31 26 36 34 44 408
STATION 3 28 23 16 20 19 19 24 10 22 19 22 30 252
STATION 4 95 69 90 73 78 82 80 100 69 86 105 79 1016
STATION 5 16 8 4 15 9 10 12 12 11 15 16 5 133
3480
TOTALS 330 254 1 253 296 1 265 325 1 306 310 1 267 274 314 286 1 3480
903
C1ar�n n REPORT
Leading the Way
CLERK'S DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: May 23, 2006
Report#: CLD-015-06 File #: By-law #:
Subject: QUARTERLY PARKING REPORT
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CLD-15-06 be received; and
2. THAT a copy of Report CLD-15-06 be forwarded to the Bowmanville Business Centre
for their information.
f
Submitted by: . nne reentree, A.M.C.T. Reviewed by: Franklin Wu,
Deputy Clerk Chief Administrative Officer
CAG*LC*Ib
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506
1101
REPORT NO.: CLD-015-06 PAGE 2 of 2
BACKGROUND
The following pertinent statistical information relates to Parking Enforcement activities for the
months of January, February, March 2006 and is provided herein for the information of
Committee and Council
Attachments:
Attachment 1 - Parking Report For The Months of January, February, and March 2006
1102
PARKING ENFORCEMENT QUARTERLY REPORT#12006
ATTACHMENT #1 to Report 1st Quarter
TICKETS ISSUED Jan, Feb, March, YEAR TO DATE YEAR TO DATE YEAR TO DATE
2006 2006 2005 2004
P.E. Officers 1432 1432 1006 1097
Police 5 5 4 42
Public Works 0 0 0 0
Group Four 19 19 48 91
Aspen Springs 36 36 N/A N/A
Securitas 34 34 28 14
ProSecurity 134 134 N/A N/A
Fire Services 0 0 0 0
REVENUE
Meters 18, 612.00 18, 612.00 7266.00 18, 316.57
Permits 879.75 879.75 569.25 331.25
Fines 22, 591.00 22, 591.00 15, 584.00 12,064.00
MTO Chargeback (1559.25) (1559.25) (2722.50) (1584.00)
1ST APPEARANCES
Total Conducted 27 27 38 33
#Tickets Cancelled 21 21 34 25
#Tickets Upheld 7 7 8 8
# Requests for Trial 5 5 2 5
d
i 'F".z: } sv%`_?r°t"'
1103
Leading the Way V
REPORT
CORPORATE SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE & ADMINISTRATION COMMITTEE
Date: May 23, 2006
Report#: COD-024-06 File # By-law#
Subject: Tender CL2006-15
SUPPLY AND HAULING GRANULAR MATERIAL
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD-024-06 be received;
2. THAT Westone Aggregates Inc., Omemee, Ontario with a total revised bid in the amount
of $337,235.25 (excluding G.S.T.), being the lowest responsible bidder meeting all
terms, conditions and specifications of Tender CL2006-15, be awarded the contract for
the Supply and Hauling of Granular Material; and
3. THAT the funds expended be provided from the 2006 Operations Road Maintenance
and Construction budget, FORTHWITH
Submitted by: iJ Reviewed by:_
are Marano, H.B.Sc., C.M.O. Franklin Wu,
Direct r of Corporate Se 'ces Chief Administrative Officer
Nancy T lor, B. C.A.,
Director of Finance
rec,Orick Horvath, B.A., R.D.M.R., R.R.F.A.
Director of Operations
MMILAB\LM1eo
1201
REPORT COD-024-06 Page 2 of 3
BACKGROUND AND COMMENT
Tenders were publicly advertised and called for the Supply and Hauling of Granular
Material as required by the Operations Department.
Subsequently, tenders were received and tabulated as follows:
BIDDER TOTAL 1§16 ,
lus moo.
Westone Aggregates Inc. 376,037.75
Omemee, ON
Robert E. Young Construction 381,364.85
Peterborough, ON
Lafarge Canada Inc. 466,954.58
Concord, ON
The low bid received from Westone Aggregates, Omemee, Ontario is approximately
9.45% over the 2006 Current Budget amount. Therefore, in order to meet the allocated
budget for this work, it is recommended that small portions from each section be
removed. These deletions reduce the overall bid price by 10%, and bring it within the
amount allocated in the 2006 Current Budget.
The total funds required for the Tender CL2006-15, Supply and Hauling of Granular
Material are included in the Operations Department Gravel Patching and Resurfacing
account (primarily 100-36-382-10280-7112 for $335,000.00), as well as various other
construction accounts.
For the information of Council, the average of the unit prices per tonne represent an
approximate 4.75% increase over those bid for 2005.
Although, the low bidder has not previously performed for the Municipality of Clarington,
they have provided similar satisfactory work for the Township of Smith Ennismore.
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.
1202
REPORT COD-024-06 Page 3 of 3
After further review and analysis of the tenders by Operations and Purchasing, it was
mutually agreed that Westone Aggregates, Omemee, Ontario, be recommended for the
contract to Supply and Haul Granular Material as required.
Due to the urgent nature of these projects, forthwith approval is requested to ensure
that the work is completed as early as possible in the construction season.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-3330
1203
Leading the Way V
REPORT
CORPORATE SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE & ADMINISTRATION COMMITTEE
Date: May 23, 2006
Report #: COD-025-06 File # By-law#
Subject: CL2006-16, HIGH FLOAT RESURFACING
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee recommend
to Council the following:
1. THAT Report COD-025-06 be received;
2. THAT Miller Paving Limited, Gormley, Ontario with a total revised bid in the amount of
$322,901.51 (excluding G.S.T.), being the lowest responsible bidder meeting all terms,
conditions and specifications of Tender CL2006-16, be awarded the contract to supply High
Float Resurfacing,to various roads as required by the Municipality of Clarington; and
3. THAT the funds required be provided from the Operations Department 2006 Budget -
Surface Treatment Account #100-36-381-10270-7163, and the Engineering Department
2006 Budget—Somerville Dr., Orono, Account#110-32-330-83292-7401; FORTHWITH.
Submitted by: Reviewed by:
arie Marano, H.B.Sc., C.M.O. Franklin Wu,
Dire of Corpora a Se s Chief Administrative Officer
Nancy To or, B. C.A,,
Directo of ' ire`
Wed6ri Horvath, B.A., R.D.M.R., R.R.F.A.
Director f perat' s
`! Anthony nnella,
Director of Engineering
MMILAB1LMVm
1204
REPORT COD-025-06 PAGE 2
BACKGROUND AND COMMENT
Tender CL2006-16 was advertised and issued with bids being received and tabulated as
follows:
a x.
Miller Paving $399,990.75
Gormle , Ontario
RoyeI Paving Ltd. $441,969.00
Lindsa , Ontario
Due to the recent increases in crude oil prices, the unit prices bid represent an approximate
22% increase over those bid for the 2005 contract.
The low bid received from Miller Paving Limited, Gormley, Ontario, is approximately 19.12%
over the 2006 Capital Budget amount. Therefore, in order to meet the allocated budget for this
work, it is recommended that three (3) locations be reduced in size (Conc. 6 from Oshawa
Townline East, Middle Road and Elliott Road/Conc. 6). These reductions will reduce the overall
bid price by 19.27%, and bring it within the amount allocated in the 2006 Capital Budget.
The total funds required for Tender CL2006-16, High Float Resurfacing, are included in the
Operations Department 2006 Budget- Surface Treatment Account#100-36-381-10270-7163 for
$300,000.00 and the Engineering Department 2006 Budget — Somerville Dr., Orono, Account
#110-32-330-83292-7401 for$50,000.00.
The Director of Finance has reviewed the funding requirements and concurs with the
recommendation. Queries with respect to department needs, specifications, etc., should be
referred to the Director of Operations.
After further review and analysis of the tenders by Operations and Purchasing, it was mutually
agreed that Miller Paving Limited, Gormley, Ontario, be recommended for the contract to supply
High Float Resurfacing on various municipal roads as required.
The subject firm has previously performed satisfactorily for the Municipality of Clarington.
1205
REPORT COD-025-06 PAGE 3
Due to the urgent nature of these projects, forthwith approval is requested to ensure that the
work is completed as early as possible in the construction season.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-3330
1206
Clarington
Le��ng the way REPORT
FINAMCE DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: TUESDAY, MAY 23, 2006 Resolution #:
Report #: FND-005-06 File #: By-law #:
Subject: LIST OF APPLICATIONS FOR CANCELLATION, REDUCTION,
APPORTIONMENTS OR REFUND OF TAXES
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report FND-005-06 be received; and
2. THAT the attached list of applications for cancellation, reduction, apportionments
or-refund of taxes be approved.
Submitted by: Reviewed b '
Nancy Taylor, .B.A., C.A. Franklin Wu
Director of Finance Chief Administrative Officer
1301
REPORT NO.: FND-005-06 PAGE 2
BACKGROUND
Pursuant to Sections 354, 356, 357 and 358 of the Municipal Act, 2001,C25, a list of
applications for cancellation, reduction, apportionments or refund of taxes is presented
to Committee for its review and approval.
Section 357(3 & 4) indicates that the Council shall hear and dispose of every application
not later than the 30th day of April in the year following the year in respect of which the
application is made. The last day for making application for the previous year's tax
reduction is the 28th day of February in the following year.
More specifically, under Section 354, the Treasurer shall recommend to Council that
outstanding taxes be stricken from the roll. To strike taxes from the roll it must be by
reason of a decision under Section 357 or 358, or of a decision of a judge of any court
or that the taxes are uncollectible.
An application for a cancellation, reduction or refund maybe made for one of the
following reasons:
• Ceased to be liable to be taxed at rate it was;
• real property becomes exempt;
• razed by fire, demolition or otherwise;
• damaged by fire, demolition or otherwise (substantially unusable)
• removal of a mobile unit;
• sickness or extreme poverty;
• gross or manifest clerical error; and
• repairs/renovations preventing normal use of period of 3 months.
The 357 and the 358 process begins when an application is prepared by either the
Regional Assessment Office or the Tax Department. The neighbourhood assessor will
perform an on-site inspection of the property. The assessor will verify the reason for the
application, the period of time, for which the tax relief is claimed, and the amount and
type of assessment that is affected. The application is then sent back to the Tax
Department where the actual tax adjustment is calculated and the taxpayer's account
adjusted.
1302
REPORT NO.: FND-005-06 PAGE 3
Section 356, deals with severances or divisions into parcels. These parcels of land
were taxed in blocks in the year(s) prior to severance/consolidation. Taxes are being
apportioned to the individual properties which are now severed/consolidated.
Therefore, tax amounts are removed from one roll number and applied to another roll
number as determined by MPAC.
The total amount of taxes to be written off, for January 1 to April 30, 2006, as shown in
this report total $12,487.31.
Attachment:
Attachment "A" -Write-Off Report January 1 to April 30, 2006
1303
w
C
CD
W
a
0
Write-Off Report 2006
(For the Period of-January
1 to April 30,2006
Date
Person(s)Taxes
AdJNVTX
Commercial Residential
Year Reason Claimed by
-
Ref.No.
Indusdal ete Farm
Adjusted Applicant
Managed Forest
For
. Applicant
Number
Municipal Municipal
Jan-06
Robinson Arthur
WTX 372
691.97
1997 Uncollectable Taxes
Jan46
Roll Severed to 2 Lots
WTX 375
2005 Severance/Consolidation
Jan-06
Roll Severed.to 2 Lots
WTX 375
2005 Severance/Consolidation
Jan-06
Roll Severed to 2 Lots
WTX 375
2005 Severance/Consolidation
Jan-06
Roll Severed to 2 Lots
WTX 375
2005 Severence/Consolldatlon
Jan-06
Roll Severed to 2 Lots
WTX 375
2005 Severance/Consolidation
Jan-06
Roll Severed to 2 Lots
WTX 375
2005 Severance/Consolidation
Jan-06
Roll Severed to 2 Lots
WTX 376.
2005 Severance/Consolidation
Jan-06
Roll severed to 2 Lots
WTX 376
- 2005 Severance/Consolidation
Jan-06-
Roll Severed to 2 Lots
WTX 376
2005 Severance/Consolidation
Jan-06
Roil Severed to 2 Lob
WTX 376
2004 Severance/Consolidation
Jan-06
Roll Severed to 2 Lob
WTX 376
2004 Severance/Consolidation
Jan-06
Roll Severed to 2 Lots
WTX 376
2005 Severance/Consolidation
Jan-06
Roll Severed to 2 Lots
WTX 376
2005 Severance/Consolidation
Jan-06
Roll Severed to 2 Lots
WTX 376
2005 Severance/Consolldatlon
Jan-06
Roll Severed to 2 Lob
WTX 376
2005 Severance/Consolidation
Jan-06
Roll Severed to 2 Lots
WTX 376 .
2005 Severance/Consolidation
Jan-06
Roll Severed to 2 Lots
WTX 376
2005 Severance/Consolidation
Jan-06
Roll Severed to 2 Lob
WTX 376
2005 Severance/Consolidation
Jan-06
Roll Severed to 2 Lots
WTX 376
-
2005 Severance/Consolidation
Jan-08
Roll Severed to 2 Lob
Wit 376
-
2004 Severance/Consolidation
Jan-06
Roll Severed to 2 Lots
WTX 376
2005 Severance/Consolidation
Mar-06
Ridge Pine Park
WTX 377
122.89
2005 MPAC Clerical Error
Mar."
Kawartha Pine Ridge
WTX 378
8.43
2003-2004 Property Became Exempt
Mar-06
Transportation Ministry
WTX 378
- 755.58
2004 Property Became Exempt
Mar-06
Transportation Ministry
WTX 378
- 4,524.67
2002-2004 Property Became Exempt
Mar.06
Transportation Ministry
WTX 378
759.74
2002-2004 Properly Became Exempt
Mar-06
Chariesbols Del
Wit 380
110.37
2005 MPAC Clerical Error
Total Page 1 of 2
5,972.22 1,001.43
w
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CD
W
a
0
Write-Off Report 2006
(For the Period of-January 1 to April 30,2006
Date Parsons)Taxes - .AdYWTX Commercial
Ref.No. Indusrial etc
Balance Forward from Page 1
Mar-06
Transportation Ministry
WTX 380
Mar-06
Transportation Ministry
WTX 380
Mar-06
Transportation Ministry
WTX 380
Mar-06
Transportation Ministry
WTX 380
Mar-06
Kawartha Pine Ridge
-WTX 380
Mar-06
Transportation Ministry
WTX 380
Mar-06
Transportation Ministry
WTX 380
Mar-06
Mops Kristine
WTX 380
Mar-06
Aspens Springs Ltd
WTX 382
Mar-06
Spencer Emest Richard
WTX 383
Mar-06
762224 Ontario Inc
WTX 384
Msr46
762224 Ontario Inc
WTX 384
Total Page 2 of 2
Residential Year
Farm Adjusted
Managed Fonat For
6,972.22 1,001.43
325.55
817.94
796.57
1,699.35
223.85
186.38
284.85
61.71
785.38
(154.38)
48.44
95.79
342.23
9,316.39 3,170.92
Grand Total To Be Written Off Not Including Minutes of Settlements,
or ARB Decisions For the Period of January 1st,2006 to April 30,2006
W
O
C.71
Reason Claimed by
Applicant
2005 Property Became Exempt
2005 Property Became Exempt
2005 Property Became Exempt
2005 Property Became Exempt
2005 Property Became Exempt
2005 Property Became Exempt
2005 Property Became Exempt
2005 Comm to Residential
2005 Fire,Demolition Etc
2005 Fire,Demolition Etc
2004 Fire,Demolition Etc
2005 Fire,Demolition Etc
S 12,487.31
cead�ng:,, Way REPORT
FINANCE DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: TUESDAY, MAY 23, 2006 Resolution #:
Report #: FND-006-06 File #: By-law #:
Subject: CASH ACTIVITY— FIRST QUARTER OF 2006
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report FND-006-06 be received;
2. THAT in accordance with provision of Chapter 25, Section 286 of the Municipal
Act, S.O. 2001, the Treasurer reports the cash position of the Municipality of
Clarington for the first quarter of the year 2006, as shown on the attached
schedule; and
3. THAT Part "A" of the expenditures for the fourth quarter of the year be confirmed.
Submitted by: Reviewed b .
Nancy Tiylpf, B.B.A .A., Franklin Wu,
Director of'Finance. Chief Administrative Officer.
NT/AA/hjl
1306
REPORT NO.: FND-006-06 PAGE 2
BACKGROUND AND COMMENT:
The attached schedules indicate the Corporation of the Municipality of Clarington's cash
transactions for the first quarter of 2006, the cash investment position, the taxes receivable
position and the comparative information for the month ending March 31, 2005. Statistical
information is for the first quarter of 2006.
Attachments:
Attachment A—Analysis of Revenue and Expenditures — First Quarter of 2006
Attachment B — Continuity of Taxes Receivable —As at March 2006
Attachment C— Statistical Information —As at March 2006
Attachment D— Investments Outstanding —As at March 2006
1307
CORPORATION OF THE MUNICIPALITY OF CLARINGTON PART'A'
Analysis of Revenue and Expenditures
for the First Quarter of the Year 2006
First Quarter First Quarter
2006 2005
REVENUE RECEIVED FOR GENERAL OPERATING
AND RESERVE FUND PURPOSES:
GENERAL/TAX PAYMENTS RECEIVED 32,538,565 28,814,023
PROVINCE-COMMUNITY REINVESTMENT FUND 116,0D0 29,000
LINEAR PROPERTIES - 2,122,438 2,122,438
PROVINCE-UNCONDITIONAL GRANT-RDSBBRIDGES 1,483,872 0
CANADIAN WASTE-RENT AND ROYALTIES 12,904 12,165
DEVELOPMENT CHARGES-MUNICIPAL 1,652,869 1,069,336
DEVELOPMENT CHARGES-REGION 2,223,339 1,749,080
DEVELOPMENT CHARGES-SCHOOL BOARD 260,826 152,132
INTEREST 841,446 468.039
41,252,259 34.406.213
USE OF FUNDS:
PAYROLL 4,681,849 4,404,243
REGION LEVY _ 11,093,201 12,430,048
SCHOOL BOARD LEVIES 5,726,728 .4,536,377
GENERAL-INCLUDING CAPITAL EXP.•• 12,910.058 14.492.606
34,411,836 $5863.274
ET CASH PROVIDED(USED) 6,540,423 1457061
BANK NET CASH BANK BANK
BALANCE PROVIDED BALANCE BALANCE
FINANCIAL POSITION: DEC.2005 / USED MAR.31 2006 MAR.31 200
GENERALFUND 6,696,420 2,161,549 8,858,269 6,552,942
RESERVE FUND 713,194 37,915 751,109 273,045
MUNICIPAL BOND INVESTMENTS 2,685,522 26,956 2,712478 2,603,854
HOST COMMUNITY FUND IN TRUST 10,000,000 0 10,000,000 10,000,000
INVESTMENTS(GENERAL+RESERVE FUNDS) 39,833,553 4,613,703 44.447.256 52.142.287
OTALB
59,928,689 - 6,840,423 66 769112 71 572128
BANK BALANCES AS AT: JAN.31 2006 JAN.31 200.5 FEB.25 2006 Z14,868,371 200
GENERAL FUND 8,776,646 3,776,158 15,569,450 RESERVE FUND - 534,330 264,718 2,392,983 8,503 MUNICIPAL BOND INVESTMENTS 2 694 694 2 586 385 2 703 057 4 686
NOTE A: Difference in comparison between years due to timing dlffwence in reoeipt of funds.
1308
CORPORATION OF THE MUNICIPALITY OF CLARINGTON PART"B"
ontinuity of Taxes Receivable
or the First Quarter of the Year 2006
December 31,2005. MARCH MARCH
BEGINNING BAL. INTEREST TAXES PAYMENTS!. . 2006 2005
RECEIVABLE ADDED BILLED BALANCE ADJUST.—
REPAID TAXES 1558484 1.558,484 0
CURRENTYEAR
TAXES 2,843,818 23,547,733 26,391,551 (29,640,603) (3,249,052) (2,810.1481 -
PENALTY AND INTEREST 202,318 51,950 254,268 (233,886) 20,382 20,085
FIRST PRIOR YEAR
TAXES 1,482,192 1,482,192 1,434,151 2,916,343 2,955,852
PENALTY AND INTEREST 176,860 142 745 319 605 (114.7681 204,8371 195.213
SECOND PRIOR YEAR -
TAXES. 612,764 - 612,764 528,790 1,141,554 1,232,842
PENALTY AND INTEREST 117,601 49.366 166.967 886 166 081 165,625
THIRD&PRIOR YEARS
TAXES 578,143 - 578,143 397,978 976,121 1,309,743
PENALTY AND INTEREST 240 560 39 882 280,442 42 434 322.876 6D0,901
OTAL 6 254 256 283 943 23 547 733 30.085.932 (27.586,790 2,499,142 3 670 113
k. Includes refunds,write-offs,496'x,etc. -
NOTE 1: 2006 and 2005 Interim Installment months: February and April.
NOTE 2: Current year taxes are in a negative position because they represent prepaid taxes for the April installmerrt.
1309
CORPORATION OF THE MUNICIPALITY OF CLARINGTON PART "C"
STATISTICAL INFORMATION
for the First Quarter
of the Year 2006 Year to Date
Tax Certificates 192 192
Number of Properties eligible for Tax
Registration see Note 1 7 "see Note 2
Accounts Payable Cheques Issued
74620 to#076501 1.882 1 1.8821
Number of Births Re istered 2 2
Number of Deaths/Stillbirths Reclistered 176 176
Note 1: Only includes those properties whose arrears are greater than $20,000.
Note 2: Number of eligible properties for tax registration not applicable for
year-to-date comparison.
1310
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
INVESTMENTS OUTSTANDING PART"D"
AS AT MARCH 31, 2006
FINANCIAL INVESTMENT INTEREST #OF DAYS MATURITY MATURITY
INSTITUTIO COST RATE O/S VALUE DATE
GENERALFUND
TO 2,987,340.00 3.77% 41 3,000,000.00 Apr. 27/06
SCOTIA 1,000,000.00 3.73% 41 1,004,189.86 Apr. 13/06
TD 1,993,680.00 3.73% 31 2,000,000.00 Apr. 03/06
TOTAL GENERAL FUND 5 9fl1g02,010 ':i
RESERVE FUND
RBC 1,425,999.88 5.11% 1913 1,851,467.00 June 01/06
RBC 1,683,100.32 5.15% 2019 2,221,035.00 Sept.15/06
RBC 1,855,574.20 5.15% 1913 2,414,000.00 June 01106
RBC ' 4,180,000.00 3.75% 365 4,180,000.00 June 30/06
RBC 495,186.85 4.00% 1171 561,500.00 Jun. 06/06
RBC 1,379,343.53 4.65% 2085 1,787,409.00 Dec. 01108
RBC 739,938.86 3.55% _ 1704 869,800.00 Oct. 05/09
RBC ` 1,500,000.00 4.10% 1827 1,500,000.00 Dec. 06110
RBC 1,681,851.79 4.35% 1827 2,080,894.41 Mar. 06111
RBC 500,000.00 3.50% 1827 595,239.37 June 21/08
RBC 481,878.00 4.45% 1827 599,072.41 Mar. 04/08
RBC 868,578.00 4.10% 1098 979,853.00 Apr. 03106
RBC ' 970,000.00 3.50% 1102 970,000.00 Mar. 19/07
RBC 500,000.00 6.75% 1095 656,466.50 June 21106
RBC ' 1,815,962.00 5.00% 1825 1,815,962.00 Feb. 07/07
RBC ` 1,480,000.00 4.30% 1096 1,480,000.00 Feb. 10/07
RBC 208,000.00 4.35% 1830 257,351.00 May 12/08
RBC ' 550,000.00 4.00% 730 550,000.00 Oct. 14/06
RBC 1,143,285.67 3.80% 1547 1,338,742.00 Dec. 15/08
RBC 733,772.63 3.85% 1980 900,445.00 Jun. 02110
RBC 499,999.38 4.00% 1182 567,343.00 Jul. 26/06
RBC ' 2,061,000.00 4.00% 730 2,061,000.00 Dec. 03/06
RBC 1,000,000.00 415% 1096 1,129,738.22 Apr. 10106
RBC 1,500,000.00 5.50% 1694 1,500,000.00 Dec. 20/07
RBC' 906,000.00 4.10% 730 906,000.00 Sep. 29/06
RBC 372,440.00 4.40% 1826 461,912.00 May 28/09
RBC 1,520,617.00 5.35% 1826 1,973,297.00 Mar.15/07
RBC 1,000,000.00 4.45% 1827 1,243,203.49 Aug. 09/07
HSBC 1,617,707.94 3.55% 365 1,675,136.57 Oct.25106
RBC 3,796,000.00 3.75% 365 3,796,000.00 Jul.29106
ITOTAL RESERVE FUND 38;# Cr' 3fi`if6€
ITOTAL INVESTMENTS 4[C?t�' 58i15i
Investment interest paid on a monthly/semiannual/annual basis
1311
Clari�gton
Leading the Way REPORT
FINANCE DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: TUESDAY MAY 23, 2006 Resolution #:
Report#: FND-007-06 File #: By-law #:
Subject: ORONO CEMETERY BOARD LOAN
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee -
recommend to Council the following:
1. That Report FND-007-06 be received;
2. That an interest free loan in the approximate amount of$15,200 be
provided to the Orono Cemetery Board to repay their outstanding loan to
the Canadian Imperial Bank of Commerce for the purchase of the
columbarium in October, 2004; and
3. That the interest free loan be funded from the Cemeteries capital reserve
fund and be repaid over four (4) years at$3,800 due on October 31, 2006
and annually thereafter.
Submitted by: Reviewed bob ft
Nancy T Ior, B .A., .A., Franklin Wu,
Director of Finance. Chief Administrative Officer.
NT/hjl
1312
REPORT NO.: FND-007-06 PAGE 2
BACKGROUND AND RECOMMENDATIONS:
The Orono Cemetery Company became a Board of Council of the Municipality of
Clarington through report CLD-10-05 at the March 7, 2005 General Purpose and
Administration Committee Meeting.
There were several benefits to this change that were identified at the time of the report
and the parties involved are quite satisfied with the arrangements.
During the review of the 2005 books and records, it came to our attention that there was
a pre-existing loan from the Canadian Imperial Bank of Commerce for the purchase of
the Columbarium for the Cemetery in October of 2004. As a rule, a board of council
cannot incur debt. As a result, it is necessary to either repay the debt to clear it from the
Board's records or have the Municipality of Clarington assume the debt.
Due to the small dollar amount involved, it is recommended that the debt be repaid by
the Municipality so that the Board is not incurring interest expense. The amount can be
funded from the Cemeteries Capital Reserve Fund. It is recommended that the Orono
Cemetery Board maintain the original principal repayment terms whereby the balance of
the loan would be repaid to the municipality back into the Cemeteries Capital Reserve
Fund over the next four (4) years on an interest free basis.
Attachments:
Attachment "A"- Request from Orono Cemetery Company
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 3A6 T(905)623-3379 F(905)623-4169
1313
ATTACHMENT "A"
ORONO CEMETERY COMPANY
5875 Main Street
Orono, Ontario
LOB 1M0
TO: Municipality of Clarington Council
DATE: April 6,2006
ATT: Nancy Taylor
On behalf of the Board of Directors of the Orono Cemetery Company we
would to like request a loan to cover the outstanding loan of$ 15,200.00 with the
Canadian Imperial Bank of Commerce. This loan was for the purchase of the
Columbarium for the Orono Cemetery in October of 2004.
Marjorie Best,Chairperson
.4e 'Zr/
Betty Lycett
Viols Vanderveen
Secretary-Treasurers
1314
UNFINISHED BUSINESS
Clargton REPORT
Leading tJ�e Wa}
CLERK'S DEPARTMENT
PUBLIC MEETING
Meeting: General Purpose and Administration Committee
Date: May 23, 2006
Report#: Addendum Report to CLD-013-06 File #: By-law #:
Subject: Proposed Municipal Auctioneers Licencing By-law
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT the Addendum to Report CLD-013-06 and Report CLD-013-06 be received;
2. THAT the by-law attached to Addendum Report CLD-013-06 be forwarded to Council;
and
3. THAT the interested parties listed in Report CLD-013-06 and those who spoke at the
Public Meeting be advised of Council's actions.
Submitted by: Reviewed by "" k
.Anne16reefree, .M.C.T. Franklin Wu,
Deputy Clerk Chief Administrative Officer
CAG*LDC*
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506
1501
ADDENDUM TO REPORT NO.: CLD-013-06 PAGE 2 of 3
BACKGROUND
At the regular meeting of the General Purpose and Administration Committee held on
May 8, 2006 a Public Meeting was held in compliance with the requirements of Section
150 of the Municipal Act 2001. At that time Committee heard a delegation from Mr.
Donald Stephenson regarding the proposed Municipal Auctioneers Licencing By-law.
Mr. Stephenson spoke in general approval of the by-law but had two issues which
concerned him. The first matter dealt with the cost of a one-time single event licence.
Given the size and nature of many of these single event situations, Mr. Stephenson felt
the proposed licence fee was too low. His second concern dealt with the matter of
Criminal Record Histories required annually for Licencing applicants.
ANALYSIS
The amount of work required to licence a one-time event is no different from that required for
an annual licence. From that standpoint staff is not opposed to a fee increase to the same as
was recommended for an annual licence.
Mr. Stephenson's other concern was that he had been advised by the Durham Regional Police
that the Police would not do the required Criminal Record Search for him because he lives
outside of the Region. This matter was referred to staff to contact the Durham Regional Police
to investigate. Both the current and the proposed by-law require a Criminal Record History to
be submitted each year upon renewal.
Staff spoke to the Regional Police and were advised of their policy. Over the last few years
the number of requests for Criminal Record Histories has grown rapidly. Every organization
which deals with youth, including parent's groups which assist at schools, now require a
Criminal Record History as part of the organization's due diligence. This has resulted in a
flood of requests to.the Regional Police. Currently, delivery time on a record search is 6 to 8
weeks. Those applicants who require a Criminal Record History for municipal licencing
purposes must be cognizant of this fact and allow sufficient time for the search to be
conducted when they submit their paperwork for their annual licence.
In an effort to reduce the volume of requests and improve response time, the Durham Regional
Police have adopted a corporate policy of performing Record History searches only for
residents of the Region. Those who live outside the Region must attend at their home police
service and obtain a Criminal Record History from their local department.
Recommendations
Staff recommend that the single event fee and the annual fee be $75.00.
With regards to the time delays for the Criminal Record Histories staff will ensure that the
annual renewal notices which are sent to all licenced auctioneers will be sent out in the future,
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-0506
1502
ADDENDUM TO REPORT NO.: CLD-013-06 PAGE 3 of 3
with sufficient lead time to allow for the auctioneers to obtain their necessary documents prior
to the renewal date. The notice will also be amended to advise those licencees from outside of
the the Municipality that they must obtain their Criminal Record History from their home
municipality.
ATTACHMENTS
CLD-013-06
Proposed Municipal Auctioneers By-law
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506
1503
�RACHMENT f M
Le�:ng«way
RE A
CLERKS DEPARTMENT
PUBLIC MEETING
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, May 8, 2006
Report #: CLD-013-06 File#: By-law #:
o y- 0 b
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 by�
Pa ' am , A.M.C.T. Franklin Wu,
nicip ark Chief Administrative Officer
PLB/LC
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-0830
1504
REPORT NO.: CLD-013-06 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 24"'.
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 licence 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.
1505
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, the By-law
attached to Report CLD-013-06 be forwarded 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
Amot Wotten Sr. John Berry
Frank Stapleton John Sharpe
Michael MacGregor Cart Hickman
Scott Hall Terrance Jacobs
1506
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO.
Being a by-law to license,regulate and govem
Auctioneers in the Municipality of Clarington
and to repeal By-law 74-54 of the former Town of Newcastle
and all 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;
1507
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°A°
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 his/her auction 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
1508
g
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 unda;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 violate 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 UCENCING PROCEDURE
2.1. Upon receipt of a complete licence application the Clerk shall either issue
or renew a licence hereunder or shall refer the matter to Council or 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 31`r 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
1509
4
application shall be the same as for an annual licence and the fees to be
aid shall be as set out -
p m 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 Council or a Committee of
Council
2.6 If the Clerk is unable to determine whether an application is incomplete,
helshe 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 any 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 21(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 business;
1510
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 Council or to Committee.
2.10 Council or Committee shall consider the matter and the rules in Section 3
shall apply 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 Council or 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 that the licence be issued or renewed, or may refuse,
suspend, revoke or add conditions to a licence where:
1511
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 Section 2.13(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
�) 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 Council or Committee.
1512
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, Council or 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 Councilor 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 Council or 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 the 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.
1513
8
4.2 Every auctioneer shall pay the proceeds of any goods sold by himler 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 account other than money
required for payment to or on behalf of a 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 exceed 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.
1514
9
5.2 Every corporation that contravenes any provision of this By-law 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.
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
1515
10
I
SCHEDULE W
By-law 2006-
BUSINESS LICENCE FEES
AUCTIONEER (ANNUAL) $75.00
AUCTIONEER(SINGLE EVENT) $40.00
151E
REPORT M /N
R
REPORT#/�
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.0. 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;
1517
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"A"
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 likened 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 his/her auction room and offices
and shall keep proper books of account of the business transacted by
himlher 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
1518
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 violate 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 UCENCING PROCEDURE
2.1. Upon receipt of a complete licence application the Clerk shall either issue
or renew a licence hereunder or shall refer the matter to Council or a
Committee of Council where appropriate under the provisions of this By-
law or any other by-law of Council.
2.2 Unless otherwise specked 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 315h of each year. The licence fee shall not be
pro-rated or reduced in anyway 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 M 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
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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 Council or 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 any 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 by4aw or
federal or provincial statute or regulation while engaged in or
conducting the business;
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(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
(1) 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(1), 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 Council or to Committee.
2.10 Council or Committee shall consider the matter and the rules in Section 3
shall apply 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 Council or 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 that the licence be issued or renewed,or may refuse,
suspend, revoke or add conditions to a licence where:
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(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 Section 2.13(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
Q) 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 Council or Committee.
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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, Council or 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 Council or 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 the 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.
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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 account other than money
required for payment to or on behalf of a 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 exceed the total
amount of the money held for the diets.
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.0. 2001,
c. 25.
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5.2 Every corporation that contravenes any provision of this By-law is guilty of
an offence and is liable, upon conviction, to a fine as set out in the
Municipal Act, 2001, S.0. 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
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SCHEDULE"A"
By-law 2006-
BUSINESS LICENCE FEES
AUCTIONEER(ANNUAL) $75.00
AUCTIONEER(SINGLE EVENT) $75.00
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